[R.O. 2009 §5-1; Code 1969 §§6-1, 6-29]
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:
Every living creature, domesticated or wild, but not including
Homo sapiens.
Any person designated by the State, a municipal government
or a humane society as a Law Enforcement Officer who is qualified
to perform such duties under the laws of this State.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly incorporated Humane
Society, Animal Welfare Society, Society for the Prevention of Cruelty
to Animals, or other not-for-profit organization devoted to the welfare,
protection, and humane treatment of animals.
An incorporated, class C licensee that is licensed under Chapter I of Title 9 of the Code of Federal Regulations that is temporarily in this State, and that offers skilled performances by live animals, clowns, and acrobats for public entertainment.
Chickens, ducks and geese and other domesticated birds.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
The City Collector.
Any person, partnership or corporation owning, keeping or
harboring one (1) or more animals. An animal shall be deemed to be
harbored if it is fed or sheltered for three (3) consecutive days
or more.
Any spectacle, display, act or event, other than circuses,
in which performing animals are used.
Any domesticated animal normally maintained in or near the
household of the owner thereof.
Any animal which:
Any animal secured by a leash or lead not in excess of six
(6) feet or within the real property limits of its owner.
Any animal that constitutes a physical threat to human beings
or other animals.
Any live monkey or non-human primate, raccoon, skunk, fox,
poisonous snake, leopard, panther, tiger, lion, lynx or any other
warm-blooded animal which can normally be found in the wild state.
[R.O. 2009 §5-2; Code 1969 §6-40]
The civil and criminal provisions of this Chapter shall be enforced
by those persons or agencies designated by municipal authority. It
shall be a violation of this Chapter to interfere with an Animal Control
Officer in the performance of his/her duties.
B.
All
fines and penalties for a first finding of guilt under this Section
may be waived by the court if the person found guilty of animal neglect
shows that adequate, permanent remedies for the neglect have been
made. Reasonable costs incurred for the care and maintenance of neglected
animals may not be waived. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In
addition to any other penalty imposed by this Section 578.009, RSMo.,
the court may order a person found guilty of animal neglect to pay
all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected animals within the person's
custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.
A person
is guilty of animal trespass if a person having ownership or custody
of an animal knowingly fails to provide adequate control for a period
equal to or exceeding twelve (12) hours.
B.
For
a first conviction of animal trespass, each offense shall be punishable
by a fine not to exceed two hundred dollars ($200.00). The second
and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007 or Sections 272.010
to 272.370, RSMo.
A.
A person
commits the offense of animal abuse if he or she:
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 and 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 which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 2009 §5-4; Code 1969 §6-5]
It shall be unlawful for any person owning or having charge
of any animal of any kind, even though the same may be kept penned
and confined within the City, to allow or permit the same to give
forth or cause any loud or unusual noise or to cause any ill-smelling,
nauseous or obnoxious odors.
[R.O. 2009 §5-5; Code 1969 §6-38; Ord. No. 3988 §1, 8-15-2005]
A.
It
shall be unlawful for the owner or handler of any animal to fail to
remove fecal matter deposited by their animal on public property or
public easement or private property of another, before the owner leaves
the immediate area where the fecal matter was deposited.
B.
It
shall be unlawful for the owner or handler of any animal to fail to
have in their possession the equipment necessary to remove their animal's
fecal matter when accompanied by said animal on public property or
public easement or private property of another.
C.
The
above prohibitions shall not extend to areas set aside and designated
by the City as areas where animals can be off leash for exercise or
training.
D.
Any
person violating this Section is guilty of an ordinance violation
and upon conviction shall be punished:
1.
By a fine of not less than twenty dollars ($20.00) or more than fifty
dollars ($50.00) for the first (1st) offense; or
2.
For the second (2nd) and subsequent offenses occurring within one
(1) year, a fine of not less than thirty dollars ($30.00) or more
than one hundred dollars ($100.00).
3.
The minimum fines provided for by this Section are mandatory minimums
and shall not be either suspended or deferred except in cases in which
the court determines that the defendant is indigent and unable to
pay any fine.
[R.O. 2009 §5-5.1; Ord. No. 3988 §2, 8-15-2005]
It shall be unlawful for the owner of any animal to cause, permit
or allow such animal to roam, run, stray or to be away from the premises
of such owner unless the animal is under tethered control.
[R.O. 2009 §5-6; Code 1969 §6-4]
It shall be unlawful for the owner or possessor of an animal
which shall have died within the City, either upon or about the premises
of such owner or possessor or upon or about the premises of any other
person, to allow the carcass of such animal to remain within the City
longer than twelve (12) hours after its death.
[R.O. 2009 §5-7; Code 1969 §6-6]
It shall be unlawful for any person to keep any horse, mule,
jennet, donkey, bull, cow, calf, sheep, hog, pig, goat or domestic
fowl within or under any building used for human habitation within
this City.
[Ord. No. 4428 §1, 5-6-2013]
A.
The
keeping of up to six (6) chickens in total shall be permitted as provided
in this Section only in single-family residences and only if a permit
has been issued by the Director of Planning and Development, or his
or her designee. A permit may be issued if all of the following conditions
are satisfied:
1.
The chickens shall be adequately sheltered within a coop and a pen
surrounded by wire netting or other fence permitted under the City’s
Code to prevent their escape from the premises of the owners of the
chickens. All such coops, pens and fences shall be kept in good repair,
cleaned regularly and be free of peeling paint, untreated or rotted
wood and rust.
[Ord. No. 4929, 6-15-2020]
2.
The pen shall be maintained in a ventilated, safe and sanitary condition,
which has adequate space for humane treatment and free from predators.
3.
Chicken coops and pens shall only be kept in the rear yard.
4.
Chicken coops shall be constructed to include four (4) square feet of space inside the coop per chicken, up to a maximum of thirty-two (32) square feet in size. Chicken pens shall be constructed to include ten (10) square feet of outdoor space per chicken, up to a maximum of eighty (80) square feet in size. Chicken coops and pens shall maintain the required rear and side yard setbacks for all accessory structures in accordance with Section 400.2120, Development Standards.
5.
Any manure or other waste from the chickens shall be collected and
properly removed from the premises or tilled into the soil on the
premises promptly and regularly to prevent the spreading of offensive
smells or diseases.
6.
No roosters shall be permitted.
7.
No slaughtering of any chickens shall be permitted.
8.
No person shall keep chickens in any manner so as to create a nuisance as defined in Chapter 220, Nuisances of the City Municipal Code.
9.
Eggs shall not be sold on the premises.
10.
Fighting or aggressive birds shall not be kept.
11.
The keeping of chickens pursuant to a permit issued under this Section
shall comply with all ordinances of the City.
12.
Nothing in this Section shall be deemed to preclude the enforcement
of any violation of any City ordinances committed in connection with
the keeping of chickens, notwithstanding the issuance of such permit.
13.
By applying for a permit under this Section, the property owner authorizes
city officials at all reasonable times and in a reasonable manner
to enter upon and inspect the property with respect to which such
permit is applied for to determine whether the keeping of chickens
violates this Section or any other applicable ordinances.
14.
Nothing in this Section shall be deemed to prohibit chickens from roaming within a fenced rear yard so long as the fence prevents any chicken from escaping the premises of the owner(s) and complies with the City’s Code regarding fences, Sections 400.2380 through 400.2440, inclusive.
[Ord. No. 4929, 6-15-2020]
B.
Revocation Of Permits To Keep Chickens.
1.
The Director of Planning and Development, or his or her designee,
shall revoke any permit issued for the keeping of chickens for violation
of any of the conditions stated in this Section or if any of the following
conditions are found to exist:
2.
Action taken to revoke permit.
a.
If a complaint is filed regarding a violation of any condition stated
in this Section, or in the absence of a complaint, in the discretion
of the Planning and Development Director, or his or her designee,
an investigation of any potential violations shall be made by the
Planning and Development Director or his or her designee.
b.
If the investigation substantiates the existence of a violation of
such conditions, a letter shall be sent by certified mail to the property
owner notifying the property owner of such violation and that same
shall be corrected within not less than five (5) days and that such
property owners shall be responsible for notifying the Director of
Planning and Development, or his or her designee, by certified mail
that such violations have been corrected and seeking a re-inspection
to verify that such violations have been corrected.
c.
In the event the property owner shall fail to notify the Director
of Planning and Development, or his or her designee, of such correction
within five (5) days, or in the event that a re-inspection does not
verify such correction, the permit shall be revoked.
3.
Permit revocations under this Section may be appealed as follows:
a.
Appeals shall be filed within five (5) days after revocation notice
is mailed by certified mail.
b.
Appeals shall be determined following a hearing before the City Administrator
or his or her designee.
c.
At least five (5) days' notice of the hearing shall be given to the
property owner by certified mail.
d.
The property owner and any other interested party may appear at the
hearing and testify and present evidence concerning the conditions
giving rise to the revocation.
[1]
Editor's Note — Ord. no. 4428 §1, adopted May 6,
2013, repealed section 5-8 "domestic fowl" and enacted new provisions
set out herein. Former section 5-8 derived from code 1969 §6-6A.
[R.O. 2009 §5-11; Code 1969 §§6-36, 6-41]
A.
No
person shall keep or permit to be kept on his/her premises any wild
or vicious animal for display or for exhibition purposes, whether
gratuitously or for a fee. This Section shall not be construed to
apply to performing animal exhibitions or circuses.
B.
No
person shall keep or permit to be kept any wild animal as a pet.
A.
It
shall be unlawful for any person at any time to own, harbor, shelter,
keep, control, manage or possess in or on his/her premises more than
three (3) dogs or a combination of six (6) dogs and cats as long as
there are not more than three (3) dogs.
B.
No
residential structure or lot shall house or contain more than six
(6) pet units as hereinafter defined as long as there are no more
than three (3) dogs total. A dog, cat or rabbit shall constitute one
(1) pet unit. Five (5) chinchillas, guinea pigs or other rodents,
over the age of three (3) months, or any combination thereof, shall
constitute one (1) pet unit. Ten (10) hamsters, mice or other small
rodent-related mammals over the age of three (3) months shall constitute
one (1) pet unit.
C.
Upon
the birth of a litter of puppies, kittens or other animals, it shall
be permissible to allow such litter to stay together with their mother
until they reach the age of four (4) months without violating the
limitations of this Section.
D.
This
Section shall not apply to a veterinarian's office.
E.
Transition Provision. Any owner who on passage of this Section is in possession of more than three (3) dogs or a combination of six (6) dogs and cats or who is in the possession of any other animal(s), the possession of which is restricted or prohibited by this Chapter, shall be permitted to retain the animal(s) owned until the animal's death or other disposition. However, no such animal may be replaced or added to the premises if the addition of the animal exceeds the limitations established in Subsection (A) or if the replacement of such animal violates the provisions of this Chapter.
