[R.O. 1996 § 210.011; Code 1985,
§ 73.010; CC 1990 § 4-1; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 1809, 1-23-2006; Ord. No.
2002, 11-24-2008]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
To cease to provide physical control, adequate shelter, adequate
food, adequate water and adequate health care for an animal without
having provided that such care, custody and physical control of such
animal has been transferred to another person. This shall include
not redeeming a dog, cat or other animal at an animal shelter or kennel.
Normal and prudent attention to the needs of an animal, including
that care which is normally necessary to maintain good health in the
specific species of animal or fowl.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal or property.
Wholesome foodstuffs suitable for the species provided at
suitable intervals in a sanitary manner in quantities sufficient to
maintain good health in an animal considering its age and condition.
The provision to each healthy animal of all immunizations
and preventative care required to maintain good health, space adequate
to allow the animal rest and exercise sufficient to maintain good
health, and the provision to each sick, diseased or injured animal
of necessary veterinary care or humane death.
A structurally sound, properly ventilated, sanitary and weatherproof
shelter suitable for the species, condition and age of the animal
which provides access to shade from direct sunlight and regress from
exposure to inclement weather conditions. The condition of the shelter
should be such as to not exacerbate existing weather conditions, e.g.,
a metal doghouse in the hot sun.
A continual access to or access at suitable intervals to
a supply of clean, fresh, potable water provided in a sanitary manner
suitable for the species, condition and age of the animal in sufficient
amounts to maintain good health in the animal. Such water will be
provided in a secure manner so that the container cannot be overturned.
Any live, vertebrate creature, domestic or wild, other than humans; including dogs and cats as further defined in Section 210.160.
An officer or agent designated by the City of Grain Valley
to enforce this Chapter.
Any system of animal identification approved by the Finance
Director, which do not involve alteration or permanent marking of
an animal.
The facility or facilities operated by or contracted for
by the City or its authorized agents for the purpose of impounding
or caring for animals held under the authority of this Chapter or
State law and in charge of a Shelter Superintendent employed by or
duly authorized to act as such by the City.
A dog, cat or other animal deemed to be at large when off
the property of the owner and not under restraint.
Any pet shop, grooming shop, auction, riding school, stable,
kennel, guard dog service, dog trainer or business keeping animals
in stock for retail or wholesale trade, or any establishment performing
one (1) or more of the principal activities of the aforementioned
establishments.
Any animal having evidenced a disposition, propensity or
tendency to attack or bite any person or other animal without provocation,
or any animal which, without provocation, in a vicious or terrorizing
manner, approaches any person in apparent attitude of attack upon
the streets, sidewalks or any public grounds or places; or any animal
which is wild by nature and of a species which, due to size, vicious
nature or other characteristics, constitutes a danger to human life,
physical well-being or property; or any animal which has been found
to be vicious, dangerous or a danger or menace to persons or other
animals by a court of law of another jurisdiction after a hearing
or upon a plea agreement is hereby deemed to be a dangerous animal.
For the purpose of this Chapter, where the official records of the
Animal Control Office or the Police Department of this City or any
other jurisdiction establish that an animal has bitten any person
or other animal on one (1) or more separate occasions without provocation,
such evidence shall be prima facie evidence that said animal is a
dangerous animal. In making a determination as to whether an animal
is dangerous, elements that may be considered, but are not required
to be, are provocation, location of the event, reason for the attack,
whether the animal is acting protectively, whether the animal was
tormented or abused, the seriousness of an attack and previous attacks.
Any species of animal bred by human beings through several
generations to select and successively achieve those qualities of
domesticity required for the animals to live and/or work successfully
with human beings.
A small, elongated, fur-covered mammal that is domesticated.
Any and all fowl, domesticated and wild, male and female,
singular and plural.
Offering asylum, refuge or sanctuary to any animal on a basis
so temporary as to not be deemed to be owning or keeping.
An adult and competent human.
A person or group that has been harboring, feeding or sheltering
any animal for three (3) or more consecutive days or professing ownership
of such animal.
Any animal (or group of animals which contains any animal)
which:
Molests any passersby or chases passing
vehicles including bicycles.
Is deemed dangerous as defined within
this Chapter.
Is in heat and not properly confined
as provided in this Chapter.
Is not under restraint as defined
within this Chapter.
Damages public or private property.
Barks, whines or howls in an excessive
fashion, which is hereby defined as continuous or untimely so as to
disturb the peace of an individual who is a neighbor [a "neighbor"
for this purpose is hereby defined as an individual residing in a
residence structure which is within one hundred (100) yards of the
property on which the animal is kept or harbored] and who does in
writing state that he/she will so testify, if called upon to testify
about such matter under oath.
Is ridden on public property without
permission of the City or which obstructs or interferes with vehicular
or pedestrian traffic.
Causes injury to a person.
Threatens or causes a condition which
endangers public health.
Impedes refuse collection by ripping
any bag or tipping any container of such or interferes with the collector
thereof.
Attacks any other animal.
Monkey, baboon, ape, lemur, etc.
Within a fully enclosed or fenced area or under the handheld
leash of the owner, keeper, harborer or maintainer, or on a leash
confining such dog, cat or animal to the yard of its owner which allows
animal no closer than five (5) feet of City right-of-way or to property
adjacent to the premises on which the dog is kept.
Free from elements, such as accumulation of feces, filth
or pathogens that endanger health.
The Chief of Police or designee shall act as the Supervisor
of Animal Control and staff assigned to work under the direct control
of the Supervisor of Animal Control, who may act through staff to
perform any duty under this Chapter unless otherwise specifically
stated.
Any animal that is predominantly free-roaming, as opposed
to domesticated.
[R.O. 1996 § 210.011; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
The maximum number of domestic animals
described in this Chapter, unless specifically noted elsewhere in
this Chapter, shall be four (4) animals over the age of six (6) months
per household within the City limits in a zoned residential neighborhood.
Five (5) or more animals will constitute a commercial kennel and require
proper zoning and an occupational license issued by the City.
[R.O. 1996 § 210.020; Code 1985,
§ 73.020; CC 1990 § 4-2; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
A.
Animal Neglect. A person is guilty of animal
neglect when he/she has custody or ownership or both of an animal
and fails to provide adequate care or adequate control, including,
but not limited to, knowingly abandoning an animal in any place without
making provisions for its adequate care which results in substantial
harm to the animal.
B.
Animal Abuse. A person is guilty of animal
abuse when a person:
1.
Intentionally or purposely kills
an animal in any manner not allowed by or expressly exempted from
the provisions of Sections 578.005 to 578.023, RSMo., and Section
273.030, RSMo.;
2.
Purposely or intentionally causes
injury or suffering to an animal; or
3.
Having ownership or custody of an
animal knowingly fails to provide adequate care or adequate control
such as, but not limited to, providing adequate food, adequate water,
adequate shelter and adequate health care.
C.
If the person acting as keeper, harborer, maintainer or other is not the owner, then it further shall be unlawful for the owner of any such animal to cause or knowingly permit the same to be treated in any such manner as set forth in this Section. Punishment for violation of this Section shall be in accordance with Section 100.110 of this Code.
D.
The Police Chief or their designee is authorized to remove from the property of the owner, keeper, harborer or maintainer any animal which, in his/her judgment, has not been cared for or is being treated cruelly as defined in Subsections (A) and (B) of this Section and is in need of emergency veterinary care, and the owner, keeper, harborer or maintainer is not at the property. Any expense incurred in the care of the animal shall be that of owner, keeper, harborer or maintainer as provided for in this Chapter.
[R.O. 1996 § 210.030; Code 1985,
§ 73.030; CC 1990 § 4-3; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
It shall be unlawful for the owner,
keeper, harborer or maintainer to allow or permit any species of animal
to become a public nuisance.
[R.O. 1996 § 210.040; Code 1985,
§ 73.040; CC 1990 § 4-4; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
A.
No domestic animal afflicted with a contagious
or infectious disease shall be allowed to run at large or to be exposed
in any public place whereby the health of man or beast may be affected;
nor shall such diseased animal be shipped or removed from the premises
of the owner thereof, except under the supervision of the Chief of
Police or the Animal Control Officer.
B.
It is hereby made the duty of the Animal
Control Officer to secure such disposition of any diseased animal
and such treatment of affected premises as to prevent the communication
and spread of the contagion or infection, except in cases where the
State veterinarian is empowered to act.
[R.O. 1996 § 210.050; Code 1985,
§ 73.050; CC 1990 § 4-5; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
If a person is adjudicated guilty
of animal neglect or animal abuse and the Municipal Court is satisfied
that an animal owned or controlled by such person would in the future
be subject to such neglect or abuse, such animal shall not be returned
to or allowed to remain with such person, but its disposition shall
be determined by the court.
[R.O. 1996 § 210.060; Code 1985,
§ 73.060; CC 1990 § 4-6; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
The Police Chief or authorized City
employees are authorized to kill any dangerous animals of any kind
when it is necessary for the protection of any person or property.
[R.O. 1996 § 210.070; Code 1985,
§ 73.070; CC 1990 § 4-7; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
No truck loaded with stock which
would cause an offensive smell or noise, or which would unnecessarily
annoy the peace of others, shall be allowed to park over one (1) hour
within the corporate limits of the City.
[R.O. 1996 § 210.080; Code 1985,
§ 73.080; CC 1990 § 4-8; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
To beautify, maintain progress, to
abate nuisances and protect the property of the citizen, it is hereby
made unlawful for any owner to permit, whether intentionally or unintentionally,
the running at large of cattle, hogs, horses, mules, sheep, goats
and all domestic animals, including dogs, cats, geese, ducks, chickens
and turkeys, and all other domestic fowl.
[R.O. 1996 § 210.090; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
A.
A Vietnamese potbellied pig (Sus scrofa
jubatus muller) of pure breed lineage shall not be considered "livestock"
or a "farm animal" as said terms are used in Title IV of this Code,
so long as they are domesticated and are a pet.
C.
It shall be unlawful for any person to
own, keep or harbor more than one (1) Vietnamese potbellied pig (Sus
scrofa jubatus muller) in a zoned residential neighborhood.
D.
Any Vietnamese potbellied pig (Sus scrofa
jubatus muller) that is running at large or in violation of any other
ordinance of the City of Grain Valley, Missouri, may be seized and
impounded by any Police or Animal Control Officer and may be impounded
in any animal shelter so designated by the City of Grain Valley.
E.
If the owner of the Vietnamese potbellied
pig (Sus scrofa jubatus muller) can be identified, the owner shall,
if at all possible, be notified that the Vietnamese potbellied pig
(Sus scrofa jubatus muller) has been impounded.
F.
If a Vietnamese potbellied pig (Sus scrofa
jubatus muller) that has been impounded is not redeemed by the owner
within four (4) days after impoundment, counting only those days during
which the shelter is open to the public, said Vietnamese potbellied
pig (Sus scrofa jubatus muller) may be disposed of in one (1) of the
following ways:
G.
An owner redeeming a Vietnamese potbellied
pig (Sus scrofa jubatus muller) from impoundment shall pay, before
release, the prevailing board fee charged the City for each twenty-four
(24) hours, or fraction thereof, that the Vietnamese potbellied pig
(Sus scrofa jubatus muller) has been impounded. Any person found guilty
of violating the provisions of this Section shall be punished by a
fine of not more than five hundred dollars ($500.00) or imprisonment
not exceeding ninety (90) days or by both such fine and imprisonment.
The court shall have the power to order the impoundment, release,
removal from the City, return to the City or confinement by an individual
of any animal seized, impounded or subject to a violation of this
Section. The court shall have the power to assess the costs of boarding
any animal that is impounded under this Section.
H.
It shall be unlawful for any person to
cause or allow a Vietnamese potbellied pig (Sus scrofa jubatus muller)
to become pregnant within any residentially zoned area in Grain Valley,
Missouri, or to remain in such area after becoming pregnant.
I.
It shall be unlawful for any person to
own, keep or harbor a Vietnamese potbellied pig (Sus scrofa jubatus
muller) weighing more than one hundred twenty-five (125) pounds within
a zoned residential neighborhood.
J.
The burden of proving that a pig or swine
is a Vietnamese potbellied pig (Sus scrofa jubatus muller) is on the
owner or person harboring said animal.
K.
The license fee is as set forth in the
Comprehensive Fee Schedule for the keeping of a Vietnamese potbellied
pig. The fee is per animal per year or any part of a year to be renewed
yearly between January 1 and February 1. A late fee shall be added
if not paid by February 1 as set forth in the Comprehensive Fee Schedule.
[R.O. 1996 § 210.091; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
A.
No primate shall be allowed to be harbored
within the City limits, except for those that are certified through
the United States Department of Agriculture (USDA). All USDA rules
and regulations apply to the harboring of primates within the City
limits of Grain Valley.
B.
The license fee is as set forth in the
Comprehensive Fee Schedule for the keeping of a primate. The fee is
per animal per year or any part of a year to be renewed yearly between
January 1 and February 1. A late fee shall be added if not paid by
February 1 as set forth in the Comprehensive Fee Schedule.
[R.O. 1996 § 210.092; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
License fee for keeping of ferrets
(Mustela putorius furo) is as set forth in the Comprehensive Fee Schedule.
The fee is per animal per year and shall meet the rabies vaccination
requirements of this Chapter. A late fee shall be added if not paid
by February 1 as set forth in the Comprehensive Fee Schedule.
A.
The
maximum number of chickens allowed is six (6) per tract of land regardless
of how many dwelling units are on the tract.
B.
Only
female chickens are allowed.
C.
Enclosures.
1.
Enclosures must be kept in a clean, dry, odor-free, neat and sanitary
condition at all times and provide adequate ventilation and adequate
sun and shade and must be impermeable to rodents, wild birds and predators,
including dogs and cats.
2.
A henhouse or enclosure shall be enclosed on all sides and shall
have a roof and doors. Access doors must be able to be shut and locked
at night. Opening windows and vents must be covered with predator-
and bird-proof wire of less than one-inch openings.
3.
Henhouses, and chicken enclosures must be located at least ten (10)
feet from the property line and at least fifty (50) feet from any
adjacent residential dwelling, church, school, or place of business.
4.
Henhouse And Enclosure Size.
a.
The minimum size of any henhouse or enclosure shall be two (2) square
feet per chicken.
b.
The interior roosting area of any henhouse or enclosure shall be
not less than two (2) feet in height.
c.
The exterior height of any henhouse or enclosure, including any risers
or pedestals, shall not to exceed ten (10) feet.
d.
A chicken pen shall consist of sturdy wire fencing. The pen must
be covered with wire, aviary netting, or solid roofing.
D.
Chickens
shall be provided with access to feed and clean water at all times.
The feed and water shall be unavailable to rodents, wild birds and
predators.
E.
Chickens
At Large.
1.
Chickens shall not be allowed to run at large. It shall further be
unlawful to picket or tie any such animal in any of the streets of
the City for the purpose of grazing or feeding.
2.
No dog, cat or other domesticated animal, which kills a chicken running
at large will, for that reason alone, be considered a dangerous or
prohibited animal.
F.
Odors
from chickens, chicken manure or other chicken related substances
shall not be perceptible at the property boundaries.
G.
Perceptible
noise from the chickens shall not be loud enough at the property boundaries
to disturb persons of reasonable sensitivity.
H.
The
chicken owner shall take necessary action to reduce the attraction
of predators and rodents and the potential infestation of insects
and parasites. Chickens found to be infested with insects and parasites
that may result in unhealthy conditions to human habitation may be
removed by an animal control officer.
I.
The
chicken owner must provide for the storage and removal of chicken
manure. All stored manure shall be covered in a fully enclosed structure
with a roof or lid over the entire structure with a minimum distance
of ten (10) feet from property line and fifty (50) feet from neighboring
residences, businesses, and other buildings. No more than three (3)
cubic feet of manure shall be stored. All other manure not used for
composting or fertilizing shall be removed. The henhouse and surrounding
area must be kept free from trash and accumulated droppings. Uneaten
feed shall be removed in a timely manner.
J.
It
shall be unlawful for any person to keep chickens in violation of
any provision of this Article. It shall be unlawful for any owner,
renter or leaseholder of property to allow chickens to be kept on
the property in violation of the provisions of this Article.
K.
Chicken
tractors are not allowed within the City limits.
[R.O. 1996 § 210.100; Code 1985,
§ 73.100; CC 1990 § 4-9; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
No person shall keep any undomesticated
animal in the City except in those areas zoned for agricultural use.
[R.O. 1996 § 210.110; Code 1985,
§ 73.110; CC 1990 § 4-10; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
[R.O. 1996 § 210.120; Code 1985,
§ 73.120; CC 1990 § 4-11; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
It shall be unlawful to keep or harbor
any bees in the City except in agricultural areas and four hundred
(400) feet from inhabitants other than the owners thereof. Any beehive
used or occupied by bees in violation of this Section is hereby declared
to be a nuisance, and it shall be unlawful to keep or maintain any
hive in the City except in areas four hundred (400) feet from inhabitants
other than the owners thereof.
[R.O. 1996 § 210.130; Code 1985,
§ 73.130; CC 1990 § 4-12; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
A.
Any person redeeming a dog, cat or other
animal, including fowl, from impoundment at the City's contract animal
shelter shall pay, before release, an impoundment fee and holding
charge, in addition to payment to City's contract animal shelter for
charges for each twenty-four (24) hours or fraction thereof that the
animal has been impounded as an impoundment fee.
B.
Additional fees shall be assessed against
the owner for any unusual expenses incurred either in the impoundment
or the care of the animal, including costs for vaccination, treatment
and quarantine.
C.
The following amounts are levied as release
fees to be paid by the person seeking to claim each animal:
1.
Dog Or Cat.
[Ord. No. 2399, 11-28-2016; Ord. No. 2464, 4-22-2019]
a.
First impoundment release: thirty-five
dollars ($35.00) per animal paid at City Hall, plus a holding charge
of seventeen dollars and fifty cents ($17.50) per day and/or associated
cost to be paid at the City's contract animal shelter.
b.
Second impoundment and all subsequent
impoundment releases: fifty dollars ($50.00) per animal paid at City
Hall, plus a holding charge of twelve dollars ($20.00) per day and/or
associated cost to be paid at the City's contract animal shelter.
2.
All Other Animals. Same as above
plus City contractor's cost (horse trailer, stables, etc.).
3.
Such fees are in addition to court
fines, court costs and/or kenneling charges.
D.
If said animal is not redeemed or claimed, the person owning, keeping or maintaining such animal shall still be liable for payment of all fees incurred for impounding, vaccination, treatment and quarantine. The City shall notify such person, by regular U.S. Mail, of the amounts due and owing. If, after notice is given, such fees are not paid within five (5) days from date of mailing, then such person shall be in violation of this Section and, upon conviction of same, shall be subject to the penalties set forth in Section 100.110 of this Code in addition to payment of all impoundment fees.
[R.O. 1996 § 210.140; Code 1985,
§ 73.220; CC 1990 § 4-13; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
The enforcement of the terms and
provisions of this Chapter are made the duty of the Animal Control
Officer or their designee.
[R.O. 1996 § 210.150; Code 1985,
§ 73-450; CC 1990 § 4-14; Ord.
No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 2002, 11-24-2008]
Unless a specific penalty appears herein in connection with a specific Section, violation of any Section of this Chapter shall be punishable, upon a plea or finding of guilty, as provided in Section 100.110 of this Code.
