[Ord. No. 1218 §1, 11-16-2015]
The purpose of this Chapter is to regulate and control the possession
and ownership of dogs, cats and other animals in the City of Troy,
Missouri (hereinafter the "City") to the end that the public health
and safety of the residents of the City will be protected from the
diseases of dogs, cats and other animals, particularly rabies; that
there is proper responsibility by owners of animals for their care
and for the damages caused by such animals, if any, and that the nuisance
factor of dogs, cats and other animals running at large shall be controlled
so that the owners of healthy dogs, cats and other animals will be
enabled to more fully enjoy the benefits derived therefrom. The inoculating,
licensing, impoundment and other provisions of this Chapter are for
the purposes of controlling the incidence of rabies in dogs, cats
and other animals in the City as well as promoting responsible pet
ownership within the City. All violations of Sections or Subsections
of this Chapter are punishable as set forth by State Statute or the
Code of Ordinances of the City of Troy, Missouri, at the discretion
of the Municipal Judge of the City of Troy unless otherwise mandated
within the specific Section or Subsection of this Chapter.
[R.O. 2006 §205.010; CC 1980 §420.010; Ord. No. 489, 4-19-1965; Ord. No. 526-A, 5-19-1980; Ord. No. 616, 11-21-1977; Ord. No. 1091, 4-20-2009]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
To reasonably restrain, govern or control an animal so that
the animal does not injure itself, any person, any other animal, or
property.
[Ord. No. 1218 §1, 11-16-2015]
Infected with the rabies virus as determined by standard
laboratory testing.
Any living animal, domestic, farm or wild, excepting birds,
fish, amphibians and farm animals.
[Ord. No. 1218 §1, 11-16-2015]
When an animal is on any street, alley, or any other public
place in the City and is not attached to a leash, the other end of
which is securely held by a competent person, or when such animal
is on private property within the City and either not attached to
a leash, the other end of which is securely held by a competent person,
or not so confined by a fence or restrained by an electronic fence
meeting the requirements of this Chapter so as to prevent its straying
from the premises. An animal which shall remain in an adequate enclosure
or other confinement or restraint on the property of its owner without
leash shall not be deemed to be running at large within the meaning
of this definition.
[Ord. No. 1218 §1, 11-16-2015]
Any male or female member of the domestic feline family.
[Ord. No. 1218 §1, 11-16-2015]
A person that is capable of restraining, controlling and
governing a dog, cat or other domestic animal in his or her possession
at the time of the event in question or to whose commands the dog,
cat or animal is obedient.
[Ord. No. 1218 §1, 11-16-2015]
Any person or persons controlling, harboring, possessing,
feeding, or having the management or care, in whole or in part, of
any dog, cat, or other domestic animal at the time of the suspected
offense.
[Ord. No. 1218 §1, 11-16-2015]
Includes both male and female over six (6) months of age,
except as otherwise herein specifically mentioned.
Animals that are normally considered to be household pets
and are legal to be owned as pets in the City. This includes dogs,
cats, birds, fish, rabbits, hamsters, ferrets, small rodents, other
common pocket pets and non-poisonous reptiles under six (6) feet in
total length.
[Ord. No. 1218 §1, 11-16-2015]
When bitten by, or fought with, or has come in close contact
with a dog or other animal shown to be infected with the rabies virus
as determined by standard laboratory testing.
Failure on the part of an owner, competent person or controlling
party to exercise adequate control over or properly govern the behavior
of an animal to the point that the animal bites, attacks or injures
a person or other domestic animal or exhibits an unprovoked threat
of attacking or biting a person, domestic animal or farm animal. This
can occur anywhere in the City, including the owner's curtilage,
unless the animal is protecting the owner.
[Ord. No. 1218 §1, 11-16-2015]
An animal normally raised on a farm or ranch and used or
intended for use in farm or ranch production or as food or fiber.
[Ord. No. 1218 §1, 11-16-2015]
Any person or persons providing food or shelter for three
(3) or more consecutive days for any animal.
[Ord. No. 1218 §1, 11-16-2015]
In addition to its ordinary meaning of having proof of ownership,
owner includes any person who keeps or harbors an animal or professes
to be owning, keeping or harboring an animal.
[Ord. No. 1218 §1, 11-16-2015]
Any and all of the following dogs:
The Staffordshire Bull Terrier breed of dogs.
The American Staffordshire Terrier breed of dogs.
The American Pit Bull Terrier breed of dogs.
Dogs which have the appearance and characteristics of being
predominately of the breeds of the dogs known as Staffordshire Bull
Terrier, American Pit Bull Terrier or American Staffordshire Terrier.
Any animal that habitually barks, howls, whines, or makes
other sounds that disturb a reasonable person's peace, or causes
a foul or obnoxious odor to be emitted from the premises or damages
the property of a person or entity which is not owned by the owner
of the animal.
[Ord. No. 1218 §1, 11-16-2015]
Any dog, either female or male, under the age of six (6)
months.
Hydrophobia.
Any of the following dogs:
Any dog, whether or not running at large and whether or not
unrestrained, that without provocation has bitten any person not a
trespasser causing serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has attempted to bite any person not a trespasser
which would cause serious physical injury to that person.
Any unrestrained dog, whether or not running at large, that
without provocation has placed any person not a trespasser in apprehension
of immediate serious physical injury.
Any dog that has killed or caused serious injury to another
dog, cat or other domestic animal without provocation
Pit bull dog.
[Ord. No. 1218 §1, 11-16-2015]
In an effort to promote personal accountability and responsible
animal ownership, it is the intent of the Board of Aldermen to govern
the behavior of animal owners so that animals in their care are kept
and controlled in a manner that is amenable to the City and the residents
within; therefore, all violations that are cited in this Chapter are
to the owner regardless of whether the same or different animals are
the subject of the offense. Therefore, as an example of this meaning,
a violation of this Chapter shall be considered a second or subsequent
violation regardless if the first violation involved a different animal.
All violations under this Chapter are punishable as is set forth under
this Chapter and State law at the discretion of the Municipal Judge,
unless otherwise specified and directed by the Board of Aldermen within
the certain Sections or Subsections.
[R.O. 2006 §205.020; CC 1980 §420.020; Ord. No. 616, 11-21-1977; Ord. No. 1104 §1, 8-17-2009]
A.Â
It
shall be unlawful for any person or persons to keep on their premises
more than two (2) dogs or two (2) puppies, or any combination of dogs
or puppies that exceed two (2).
B.Â
However, a person may apply for a variance to keep a third (3rd) dog on their property. The variance will be issued if the City of Troy determines, in its sole discretion, that the facilities for keeping the dogs is adequate and it is not likely that the dogs will create a nuisance or disturb the comfort or repose of any person in the vicinity. The variance may be revoked by the City if the City receives any complaints from any neighbors of the applicant concerning the conduct of the dogs or if the applicant violates any other rule of Chapter 205. In said event, the applicant shall have thirty (30) days to remove the dog from the City limits.
[R.O. 2006 §205.030; CC 1980 §420.030; Ord. No. 616, 11-21-1977]
It shall be unlawful for any person or persons to keep on their
premises any dogs or puppies that continue to make loud barking, yapping
or howling noise, and the keeping of said animal or animals who, by
frequent or long continuing noise such as barking, yapping or howling,
shall disturb the comfort or repose of any person in the vicinity,
shall be guilty of a misdemeanor.
[R.O. 2006 §205.040; CC 1980 §420.040]
It shall be a misdemeanor for any person to conceal an animal
or animals.
[R.O. 2006 §205.060; CC 1980 §420.060; Ord. No. 489, 4-19-1965]
All female dogs will be kept securely confined in an enclosed
place while in heat.
A.Â
It
shall be unlawful to own, keep or harbor a vicious dog in the City
of Troy except in accordance with the following provisions:
1.Â
Leash and muzzle. No person shall permit a vicious
dog to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four (4) feet in length. No person shall
permit a vicious dog to be kept on a chain, rope or other type of
leash outside its kennel or pen unless a person is in physical control
of the leash. Such dogs may not be leashed to inanimate objects such
as trees, posts or buildings. In addition, all vicious dogs on a leash
outside its kennel or pen must be muzzled by a muzzling device sufficient
to prevent such dog from biting persons or other animals.
2.Â
Confinement. All vicious dogs shall be securely
confined indoors or in a securely enclosed and locked pen or kennel,
except when leashed and muzzled as above provided. Such pen, kennel
or structure must have secure sides and a secure top attached to the
sides. All structures used to confine vicious dogs must be locked
with a key or combination lock when such dogs are within the structure.
Said structure must have a secure bottom or floor attached to the
sides of the pen or the sides of the pen must be imbedded in the ground
no less than two (2) feet. Also, such structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
3.Â
Confinement indoors. No vicious dog may be kept
on a porch, patio or any part of a house or structure that would allow
the dog to exit such building on its own volition. In addition, no
such animal may be kept in a house or structure when the windows are
open or when screen windows or screen doors are the only obstacle
preventing the dog from exiting the structure.
4.Â
Signs. All owners, keepers or harborers of vicious
dogs within the City shall display in a prominent place on their premises
a sign easily readable by the public using the words "Beware
of Dog". In addition, a similar sign is required to be posted
on the kennel or pen of such dog.
[Ord. No. 1097 §1, 6-15-2009; Ord. No. 1118, 6-21-2010]
A.Â
It
shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the City of Troy, Missouri, any pit bull dog,
provided that pit bull dogs residing in the City on the effective
date of this Section may be kept within the City subject to the standards
and requirements herein set forth. "Pit bull dog" is defined to mean:
1.Â
Staffordshire bull terrier breed of dog;
2.Â
The American pit bull terrier breed of dog;
3.Â
The American Staffordshire terrier breed of dog;
4.Â
Any mixed breed of dog which contains as an element of its breeding
the breed of Staffordshire bull terrier, American Staffordshire terrier
or American pit bull terrier as to be identifiable as partially of
the breed of Staffordshire bull terrier, American Staffordshire terrier
or American pit bull terrier.
5.Â
Any dog which has the appearance and characteristics of being predominantly
of the breeds of Staffordshire bull terrier, American pit bull terrier,
American Staffordshire terrier and other breed commonly known as pit
bulls, pit bull dogs or pit bull terriers or a combination of any
of these breeds.
B.Â
Pit
bull dogs residing in the City of Troy on the effective date of this
Section may be kept by their owners within the City subject to the
following standards:
1.Â
Pit bull dogs residing in the City on the effective date of this
Section must be registered with the City by the owners within sixty
(60) days of the effective date of this Section.
2.Â
No person shall permit a pit bull to go outside its enclosure or
pen unless such dog is securely leashed with a leash no longer than
four (4) feet in length. No person shall permit a pit bull dog to
be kept on a chain, rope or other type of leash outside its enclosure
or pen unless a person is in physical control of the leash. Such dogs
may not be leashed to inanimate objects such as trees, posts, buildings,
etc. In addition, all pit bulls on a leash outside the animal's enclosure
or pen must be muzzled by a muzzling device sufficient to prevent
such dog from biting persons or other animals.
3.Â
All pit bulls shall be securely confined indoors or in a securely
enclosed and locked pen or enclosure, except when leased and muzzled
as above provided. Such pen, enclosure or structure must have secure
sides and secure top attached to the sides. All structures used to
confine pit bull dogs must be locked with a key or combination lock
when such animals are within the structure. Such structure must have
a secure bottom or floor attached to the sides of the pen or the sides
of the pen must be embedded in the ground no less than two (2) feet.
All structures erected to house pit bull dogs must comply with Section
205.060(2) of the Troy City Code. All structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition.
4.Â
No pit bull dog may be kept on a porch, patio or in any part of a
house or structure that would allow the dog to exit such building
on its own volition. In addition, no such animal may be kept in a
house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
5.Â
All owners, keepers or harborers of pit bull dogs within the City
shall within sixty (60) days of the effective date of this Section
display in a prominent place on their premises a sign easily readable
by the public using the words "Beware of Dog — Pit Bull". In
addition, a similar sign is required to be posted on the enclosure
or pen of such animal.
6.Â
All owners, keepers or harborers of pit bull dogs must within sixty
(60) days of the effective date of this Section provide proof to the
City of public liability insurance in a single incident amount of
one hundred thousand dollars ($100,000.00) for bodily injury to or
death of any person or persons or for damage to property owned by
any persons which may result from the ownership, keeping or maintenance
of such animal. Such insurance policy shall provide that no cancellation
of the policy will be made unless ten (10) days' written notice is
first given to the City. An effective insurance policy with the coverage
and in the amounts specified herein must be maintained by the owner,
keeper or harborer at all times.
7.Â
All owners, keepers or harborers of registered pit bull dogs registered
with the City must within sixty (60) days of the effective date of
this Section provide to the City two (2) color photographs (two (2)
different poses) of the animal clearly showing the color and approximate
size of the animal.
8.Â
The owner or harborer of a pit bull must have a microchip implanted
in the dog for identification and the name and number of the microchip
must be provided to the City at the time of registration of the pit
bull.
9.Â
All owners, keepers or harborers of pit bull dogs must within sixty
(60) days of the incident report the following information in writing
to the City as required hereinafter:
10.Â
No person shall sell, barter or in any way dispose of a pit bull
dog registered with the City to any person within the City unless
the recipient person resides permanently in the same household and
on the same premises and the registered owner of such dog; provided
that the registered owner of a pit bull dog may sell or otherwise
dispose of a pit bull dog or the offspring of such dog to persons
who do not reside within the City.
11.Â
All offspring born of pit bull dogs registered with the City must
be removed from the City within eight (8) weeks of the birth of such
animal.
12.Â
There shall be an irrebuttable presumption that any dog registered
with the City as a pit bull dog or any of those breeds prohibited
by this Section is in fact a dangerous dog or any of those breeds
prohibited by this Section is in fact a dangerous dog subject to the
requirements of this Section.
13.Â
It shall be unlawful of the owner, keeper or harborer of a pit bull
dog registered with the City of Troy to fail to comply with the requirements
and conditions set forth in this Section. Any dog found to be the
subject to a violation of this Section shall be subject to immediate
seizure and impoundment.
14.Â
Any person violating or permitting the violation of any provision
of this Section shall upon conviction in Municipal Court be fined
a sum not exceeding five hundred dollars ($500.00), in addition to
the fine imposed the Court may sentence the defendant to imprisonment
for a period not to exceed ninety (90) days. In addition, the Court
shall order the registration of the subject pit bull revoked and the
dog removed from the City. Should the defendant refuse to remove the
dog from the City the Municipal Court Judge may find the defendant
owner in contempt and order the immediate confiscation and impoundment
of the animal. Each day that a violation of this Section continues
shall be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this Section shall pay all expenses, including
shelter, food, handling and veterinary care, necessitated by the enforcement
of this Section, and shall be ordered to reimburse any damages incurred
by any person by reason of said violation.
[R.O. 2006 §205.080; CC 1980 §420.080; Ord. No. 526-A, 5-19-1980]
It is unlawful for any unauthorized person to break open the
pound or to attempt to do so, or to take or let out any dogs therefrom,
or to take or attempt to take from any officer any dog taken up by
him/her in compliance with this Chapter or in any manner to interfere
with or hinder such officer in the discharge of his/her duties under
this Chapter.
[R.O. 2006 §205.090; CC 1980 §420.090; Ord. No. 616, 11-21-1977; Ord. No. 1104 §2, 8-17-2009]
In the event a female dog shall have a litter of puppies on
any premises in the City not licensed as a kennel, the puppies shall
be weaned and removed from the premises not later than ten (10) weeks
from the date of birth.
[R.O. 2006 §205.100; CC 1980 §420.100; Ord. No. 489, 4-19-1965]
Owners or keepers of a dog or dogs which have bitten a person,
or which acts in a suspicious manner suggesting rabies, or is viciously
inclined, either outside or within his/her respective family, either
on the public streets or any private property, shall, upon receipt
of written notice from the proper authorities, impound and quarantine
the dog or dogs for a period of ten (10) days for rabies observation,
and the dog or dogs impounded shall be kept in such a manner that
neither human beings nor animals can be bitten during such period
of observation.
[R.O. 2006 §§205.050, 205.110; CC 1980 §§420.050,
420.110; Ord. No. 515, 5-20-1968]
A.Â
The
running at large by dogs is prohibited. No dog shall be permitted
to run at large within the limits of this City.
[R.O. 2006 §205.120; CC 1980 §420.120; Ord. No. 526-A, 5-19-1980]
No dog owner shall keep any dog within the City after the first
(1st) day of July, 1969, unless a license therefor has been first
secured. Licenses shall be issued by the City Clerk for a fee of one
dollar ($1.00) for each male or spayed female dog and one dollar ($1.00)
for each unspayed female dog. Every application for a license shall
be accompanied by a certificate from a qualified veterinarian showing
that the dog to be licensed has been given a vaccination against rabies
in compliance with this Chapter. An application for a license for
a spayed female dog shall contain a statement from a qualified veterinarian
indicating that the dog has been spayed and giving the date of the
operation. Licenses shall expire on the thirtieth (30th) day of June
next following their issuance.
[R.O. 2006 §205.130; CC 1980 §420.130; Ord. No. 526-A, 5-19-1980]
No license shall be granted for a dog which has not been vaccinated
against rabies as provided in this Chapter during the ninety (90)
day period preceding the making of an application for such license
except that when a dog is first licensed for an entire year hereafter,
the license may be issued if the dog has been vaccinated within a
period of six (6) months preceding the application for a license.
Vaccination shall be performed only by a doctor qualified to practice
veterinary medicine in the State in which the dog is vaccinated. A
veterinarian who vaccinated a dog to be licensed in this City shall
complete in duplicate a certificate of vaccination. One (1) copy shall
be issued to the dog owner for affixing to the license application,
and one (1) copy shall be retained in the veterinarian's files.
[R.O. 2006 §205.140; CC 1980 §420.140; Ord. No. 526-A, 5-19-1980]
It shall be the duty of each owner of a dog to pay the license fee imposed in Section 205.110, to the City Clerk on or before the first (1st) day of July in each year, or upon acquiring ownership or possession of any unlicensed dog or upon establishing residence in the City. The City Clerk shall cause a notice of the necessity of paying such license fee to be printed in the official paper, one (1) time before the first (1st) day of July in each year.
[R.O. 2006 §205.150; CC 1980 §420.150; Ord. No. 526-A, 5-19-1980]
Upon payment of the license fee, the City Clerk shall execute
a receipt in duplicate, the original receipt going to the person who
pays the fee with the duplicate retained by the City Clerk. The City
Clerk shall procure a sufficient number of suitable metallic tags,
the shape of which shall be different from license year to license
year, and an appropriate tag shall be given to the owner when the
fee is paid.
[R.O. 2006 §205.160; CC 1980 §420.160; Ord. No. 526-A, 5-19-1980]
The dog owner shall cause the tag to be affixed by a permanent
metal fastening to the collar of the dog so licensed in such a manner
that the tag may be easily seen by the officers of the City. The owner
shall see that the tag is constantly worn by such dog.
[R.O. 2006 §205.170; CC 1980 §420.170; Ord. No. 526-A, 5-19-1980]
In case any dog tag is lost, a duplicate may be issued by the
City Clerk upon presentation of a receipt showing the payment of the
license fee for the current year. A charge of twenty-five cents ($.25)
shall be made for each duplicate tag.
[R.O. 2006 §205.180; CC 1980 §420.180; Ord. No. 526-A, 5-19-1980]
Dog tags are not transferable and no refunds shall be made on
any dog license fee because of leaving the City or death of the dog
before the expiration of the license period.
[R.O. 2006 §205.190; CC 1980 §420.190; Ord. No. 526-A, 5-19-1980]
The Board of Aldermen shall appoint an Animal Control Officer
who shall attend to the maintenance of the holding facility. He/she
will present a proper claim to the Board of Aldermen monthly for the
necessary expenses which he/she may incur in so doing, and which claim,
if allowed by the Board of Aldermen, shall be paid by the City Clerk.
[R.O. 2006 §205.200; CC 1980 §420.200; Ord. No. 526-A, 5-19-1980]
Unlicensed dogs, or dogs found running at large shall be taken
up by the Animal Control Officer and impounded in the shelter and
there confined in a humane manner for a period of not less than one
(1) week, and may thereafter be disposed of in a humane manner if
not claimed by their owners. Dogs not claimed by their owners before
the expiration of one (1) week, shall become the property of the City
and disposed of at the discretion of the City, except as hereinafter
provided in the case of certain dogs. To enforce this Section said
officers are empowered to enter upon any private premises where they
have reasonable grounds to believe there is an unlicensed dog.
[R.O. 2006 §205.210; CC 1980 §420.210; Ord. No. 526-A, 5-19-1980]
When dogs are found running at large or are unlicensed, and
their ownership is known to the poundmaster, such dogs need not be
impounded, but the poundmaster may, in his/her discretion, cite the
owners of such dogs to appear in court to answer to charges of violations
of this Chapter.
[R.O. 2006 §205.220; CC 1980 §420.220; Ord. No. 526-A, 5-19-1980]
Immediately upon impounding dogs, the Animal Control Officer
shall give notice of the impounding to the owner of such dog, if known.
In case the owner is unknown, such officer shall post notice at the
pound and at the City Hall that if the dog is not claimed within one
(1) week of the posting of the notice, the dog will be disposed of
in a humane manner.
[R.O. 2006 §205.230; CC 1980 §420.230; Ord. No. 526-A, 5-19-1980; Ord. No. 920 §1, 12-16-2002]
Any dog may be redeemed from the pound by the owner within the
time stated in the notice by the payment to the City Clerk of the
license fee for the current year with an impounding fee of thirty
dollars ($30.00) plus an additional fee of seventeen dollars ($17.00)
for the cost of care and confinement for each day that the dog is
confined in the pound and in addition the payment of any expenses
or costs incurred and paid out for the caring of said dog. The amount
set forth above for the daily charge for care and confinement of the
impounded dogs may be increased by resolution of the Board of Aldermen.
[R.O. 2006 §205.240; CC 1980 §420.240; Ord. No. 526-A, 5-19-1980]
Upon the presentation of a current license tag and a receipt for a dog license for the current year and for the fees provided in Section 205.220, the poundmaster shall release to any owner the dog claimed by him/her.
[R.O. 2006 §205.250; CC 1980 §420.250; Ord. No. 526-A, 5-19-1980; Ord. No. 920 §2, 12-16-2002]
Any dog which is not claimed by the owner may be painlessly
killed and buried by an Animal Control Officer or, in the alternative
at said officer's discretion, be placed with such person or organization
as the officer deems appropriate.
B.Â
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.Â
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.Â
The care and maintenance of neglected animals within the person's
custody or ownership;
2.Â
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.Â
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.Â
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.Â
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.Â
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.Â
A person
commits the offense of animal abuse if he or she:
1.Â
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.Â
Purposely or intentionally causes injury or suffering to an animal;
or
3.Â
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.
Whenever rabies becomes prevalent in the City, the Mayor shall,
according to the necessity of the case, issue a quarantine order,
requiring every owner or person in charge of any dog or dogs within
the limits of the City, to either kill or impound his/her dog or dogs,
or to have such dog or dogs immunized. Said order shall be published
once in the paper officially publishing the business of the City;
and in the absence of such paper, shall be posted as in case of sales
of personal property. The Mayor is authorized by proclamation, to
terminate any such quarantine whenever, in his/her judgment, the necessity
for it no longer exists.
A person commits the offense of keeping a dangerous wild animal
if he or she keeps any lion, tiger, leopard, ocelot, jaguar, cheetah,
margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf,
bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long,
in any place other than a properly maintained zoological park, circus,
scientific, or educational institution, research laboratory, veterinary
hospital, or animal refuge.
[R.O. 2006 §205.290]
Any person who shall keep or use, or in any way be connected
with or interested in the management of, or shall receive money for
the admission of any person to, any place kept or used for the purpose
of fighting or baiting any bull, bear, cock or other creature, except
dogs, and any person who shall encourage, aid or assist or be present
thereat, or who shall permit or suffer any place belonging to him/her
or under his/her control to be so kept or used, shall, on conviction
thereof, be guilty of a misdemeanor.
[R.O. 2006 §205.300; Ord. No. 847, 6-15-1998]
[Ord. No. 1218 §1, 11-16-2015]
A.Â
It shall be a public nuisance for any owner or controlling party
to allow or permit an animal or animals to:
1.Â
Habitually run at large three (3) or more times within a twelve-month
period; or
2.Â
Frequently and habitually bark, yelp or howl thereby causing
the peace of any person to be disturbed more than six (6) times in
a twelve-month period; or
3.Â
Cause reasonably articulable fear or annoyance to a person in
the immediate area by displaying aggressive behavior, including, but
not limited to, growling, charging, showing of the teeth, hissing
or raising of fur as determined by an Animal Control Officer or other
empowered City official. An Animal Control Officer shall be allowed
to testify in Municipal or State Court concerning any reasonable fear
he or she felt in the presence of the animal; or
4.Â
Cause damage to property of another person or entity which is
not the owner of the animal.
B.Â
If the Municipal Judge shall determine that a nuisance exists, then
he/she shall find the owner or controlling party guilty and hold them
responsible by imposing a fine between fifty dollars ($50.00) and
five hundred dollars ($500.00) for any offense.
C.Â
Each animal and each day of violation shall constitute a separate
offense and shall carry separate punitive action.
D.Â
Owners or controlling parties will also be required to remove from
the City limits or humanely dispose of any vicious animal as determined
by the Municipal Judge and/or Chief of Police.
E.Â
In addition to any other penalty imposed by this Section, the owner
or controlling party found guilty of the Subsections regarding nuisance
animals shall be responsible to pay all reasonable costs and expenses
necessary for the care and maintenance fees as well as fees for implantation
of identifying technology imposed by the City animal shelter of neglected
or abandoned animals during their impoundment and any damages caused
by the owner or controlling party's animal.
[R.O. 2006 §215.205; Ord. No. 1016, 8-7-2006; Ord. No.
1218 §1, 11-16-2015]
A.Â
No owner or controlling party shall own, keep or harbor upon his/her
premises any animal that by loud or frequent or habitual yelping or
howling or noise making, or by threat of attacking or biting, causes
fear, annoyance or disturbs the peace of the neighborhood, or to persons
passing upon the streets or sidewalks of the City, and the same is
hereby declared to be a public nuisance.
B.Â
An owner or controlling party of an animal shall not allow such animal
to damage the property of another person or entity. An owner or controlling
party of an animal is responsible for any property damage caused by
the owner or controlling party's animal to the property of a
person or entity which is not the owner or controlling party of the
animal causing such property damage.
C.Â
An owner or controlling party which violates any of the provisions
of this Section shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a fine of not less than ten
dollars ($10.00) and no more than fifty dollars ($50.00). Each and
every occurrence shall be an additional violation and separate offense
subject to a fine.
[Ord. No. 1218 §1, 11-16-2015]
A.Â
It shall be unlawful for an owner or controlling party to commit
the offense of "failure to control," which is defined as failure on
the part of an owner, competent person or controlling party to properly
govern the behavior of an animal to the point that the animal bites
a person or other domestic animal or exhibits an unprovoked threat
of attacking or biting a person, domestic animal or farm animal, regardless
of whether the animal is on or off leash. The offenses in this Section
require Municipal Court appearance. This can occur anywhere in the
City, including the owner's curtilage, unless such actions are
caused by a person unlawfully entering the owner or controlling party's
private property.
B.Â
If an animal was impounded as a result of an owner or controlling
party's failure to control, then all fees associated with impoundment
payable to the City shall be paid in addition to any fines imposed
by the court.
[Ord. No. 1090, 4-20-2009]
It shall be unlawful for any person owning or in control of
any animal to allow or permit such animal to defecate upon any public
property, street right-of-way, alley, sidewalk, recreation area, subdivision
common area or private property of another, unless the person owning
or in control of the animal immediately removes and properly disposes
of all waste deposited by the animal.
[Ord. No. 1109 §1, 9-21-2009]
It is the intent of the City of Troy to protect the public against
health and safety risks that exotic animals pose to the community
and to protect the welfare of the individual animals held in private
possession. By their very nature, exotic animals are wild and potentially
dangerous and do not adjust well to a captive environment.
[Ord. No. 1109 §2, 9-21-2009]
As used in this Article, the following term shall have the prescribed
meaning:
Any living member of the kingdom Animalia, including those
born or raised in captivity, except the following, to which this Section
does not apply:
The species Homo sapiens (humans);
The species Canis familiaris (domestic dogs, excluding hybrids
with wolves, coyotes or jackals);
The species Felis catus (domestic cats, excluding hybrids with
ocelots or margays);
The species Equus caballas (domestic horses);
The species Equus asinus (asses, donkeys);
The following members of the sub-family Bovine: the species
Bos Taurus (cattle), the genus Bison (American Buffalo) and the genus
Bubalus (water buffalo);
The species Ovis ammon aries (sheep);
The species Capra hircus (goats);
The subspecies Sus scrofa domestica (swine);
Domesticated races of the species Gallus gallus or Meleagris
gallapavo (poultry);
Domesticated races of the species Mesocricetus auratus (golden
hamsters);
Domesticated races of the subspecies Cavia aperea procellus
(guinea pigs);
Domesticated races of rats and mice (white or albino, trained,
laboratory reared);
Domesticated races of the species Chinchillas [a niger] (chinchillas);
Domesticated races of the species Oryctolagus cuniculus (rabbits);
Domesticated species of the family Camelid (including camels,
llamas and alpacas);
All captive-bred members of the species of the families Psittacidae
(parrots, parakeets), Anatidae (ducks), Fringillidae (finches), Columbidae
(doves and pigeons) and Ratite (flightless birds, including ostriches,
emus and rheas);
All captive-bred members of the species Serinius canaria of
the class Aves (canaries);
Domesticated races of the species Carassius auratus (goldfish);
Captive-bred members of the superorder Teleostei of the class
Osteichthyes (common freshwater and saltwater aquarium fish);
Captive-bred, non-poisonous members of the suborder Serpentes
(snakes);
Captive-bred members of the suborder Cryptodira (turtles);
All species of the class Insecta (insects) not considered life-threatening
to humans, specifically including, but not limited to, Apis mellifera
(common honeybee);
All species of the class Arachnida (spiders, scorpions and related)
not considered life-threatening to humans; and
Any other animal reviewed and approved by the Board of Aldermen
to be exempted from this Section.
[Ord. No. 1109 §3, 9-21-2009]
A.Â
Except in accordance with Section 205.360 (Pre-Existing Ownership or Possession of Exotic Animals) of this Article and Subsection (A)(17) of this Section, ownership or possession of the following exotic animals is prohibited in the City of Troy:
1.Â
Family Canidae, other than Canis famitiaris (domestic dogs);
2.Â
Family Felidae, other than Felis catus (domestic cats);
3.Â
Family Ursidae (bears, including hybrids);
4.Â
Family Mustelidae (wolverines);
5.Â
Family Hyaenidae (hyenas);
6.Â
Order Primates (monkeys, apes, etc.);
7.Â
Order Proboscidae, Family Etephantidae (elephants);
8.Â
Order Perissodactyla, Family Rhinocerotidae (rhinoceroses);
9.Â
Order Artiodactyla, Family Suidae (warthogs) and Family Hippopotamidae
(hippopotamuses);
10.Â
Order Crocodilia (crocodiles, alligators and caimans);
12.Â
Crotalidae (pit vipers);
13.Â
Hydrophilidae (sea snakes);
14.Â
Elapidae (cobras, coral snakes and related); and
16.Â
Any constricting snake greater than four (4) feet in length or twenty
(20) pounds in weight;
17.Â
Any species of the class Insecta (insects) considered life-threatening
to humans in general;
18.Â
Any species of the class Arachnida (spiders, scorpions and related)
considered life-threatening to humans in general;
19.Â
Any species of the genera Catoprion, Pygocentrus, Pygopristis, Rooseveltiella,
Serrasalmus, Serrasalmo and Taddyella of the superorder Teleostei
of the class Osteichthyes (piranhas); and
20.Â
Any other exotic animal reviewed and not approved by the Board of
Aldermen.
21.Â
The Board of Aldermen may vote to exclude any specific individual exotic animal from the list above and add any additional restrictions on ownership or possession of that animal as the Board may choose, provided all provisions of Section 205.370 (Permit/Registration Process) are then followed.
22.Â
Any constricting snake greater than four (4) feet in length or twenty
(20) pounds in weight;
23.Â
Any species of the class Insecta (insects) considered life-threatening
to humans in general;
24.Â
Any species of the class Arachnida (spiders, scorpions and related)
considered life-threatening to humans in general;
25.Â
Any species of the genera Catoprion, Pygocentrus, Pygopristis, Rooseveltiella,
Serrasalmus, Serrasalmo and Taddyella of the superorder Teleostei
of the class Osteichthyes (piranhas); and
26.Â
Any other exotic animal reviewed and not approved by the Board of
Aldermen.
B.Â
Anyone bringing into the City of Troy after the effective date of this Article a prohibited exotic animal as defined in Subsection (A) of this Section shall remove the exotic animal from the City within seven (7) calendar days of the discovery of the exotic animal or face the possibility of immediate seizure of the prohibited exotic animal and a fine for each exotic animal of one thousand dollars ($1,000.00) plus two hundred fifty dollars ($250.00) per day for each day the exotic animal is in the custody of the City, plus any additional costs to the City that may arise in connection with seizure of the exotic animal.
C.Â
Any
exotic animal not listed in this Article must be reviewed by the Exotic
Animal Review Committee and voted upon by the Board of Aldermen.
1.Â
The Board of Aldermen may vote to exempt the exotic animal from this Article per Section 205.340; or
2.Â
The Board of Aldermen may vote to approve the exotic animal with restrictions, including those contained in Section 205.370 (Permit/Registration Process); or
3.Â
The Board of Aldermen may vote not to approve the exotic animal per Section 205.350(A)(16).
4.Â
Any exotic animal not listed in this Article, but already present
in the City, must be submitted to the Board of Aldermen within thirty
(30) calendar days of the effective date of this Article or the owner
or possessor may face the possibility of immediate seizure of the
exotic animal and a fine for each exotic animal of one thousand dollars
($1,000.00) plus two hundred fifty dollars ($250.00) per day for each
day the exotic animal is in the custody of the City, plus any additional
costs to the City that may arise in connection with seizure of the
exotic animal.
5.Â
Any exotic animal not listed in this Article must be reviewed by
the Board of Aldermen before its arrival in the City or the owner
or possessor may face the possibility of immediate seizure of the
exotic animal and a fine for each exotic animal of one thousand dollars
($1,000.00) plus two hundred fifty dollars ($250.00) per day for each
day the exotic animal is in the custody of the City, plus any additional
costs to the City that may arise in connection with seizure of the
exotic animal.
[Ord. No. 1109 §4, 9-21-2009]
A.Â
Any
City resident having pre-existing ownership or possession of any exotic
animal shall within sixty (60) calendar days of the effective date
of this Article contact the City and commence the permit/registration
process.
B.Â
Failure to commence the permit/registration process for a pre-existing exotic animal within sixty (60) calendar days of the effective date of this Article shall be governed by Section 205.350(B).
[Ord. No. 1109 §5, 9-21-2009]
A.Â
This
permit/registration process shall apply to the following:
1.Â
Those Section 205.350 exotic animals already present in the City before the effective date of this Article;
2.Â
Those Section 205.350 exotic animals excluded from this list by the Board of Aldermen per Section 205.350(A)(17); and
3.Â
Those exotic animals not listed in this Article, but reviewed and
approved by the Board of Aldermen with restrictions.
B.Â
Payment
of the non-refundable permit fee of one thousand dollars ($1,000.00)
per exotic animal shall constitute the beginning of the permit/registration
process. Any other cost incurred during this permit/registration process
shall be the responsibility of the owner or possessor of the exotic
animal. All permit fees shall be waived for owners or possessors of
pre-existing exotic animals, provided the owner or possessor:
1.Â
Complies with Section 205.360(A) and commences the permit/registration process within sixty (60) calendar days of the effective date of this Article, and
C.Â
Applicants
beginning the permit/registration process for an exotic animal shall
be given a list of restrictions that must be in place before a permit
will be issued.
D.Â
Restrictions
for the issuance of a permit for an exotic animal shall include, but
not be limited to, the following:
1.Â
Proof of insurance coverage with a minimum of one million dollars
($1,000,000.00) per claim to compensate any person for personal injury
or property damage caused by the exotic animal or in lieu of insurance,
a surety bond posted with the City in the same amount, conditioned
upon payment of such damages.
2.Â
At the direction of the City, installation of permanent signage at
all points of entry to the property in question to identify the presence
of the exotic animal to any law enforcement or emergency personnel
having valid reason to enter the property.
3.Â
Required signage shall consist of a minimum size of three (3) square
feet and shall at a minimum identify the following in reflective letters
of a contrasting color as to be easily read on the background of the
sign:
4.Â
Implantation by a veterinarian of a microchip under the skin of the
exotic animal to aid in identification or approval by a veterinarian
of a previously implanted microchip. The veterinarian can be chosen
by the owner or possessor of the exotic animal if so approved by the
City or can be referred to the owner or possessor by the City upon
request.
5.Â
Obtaining from a City-approved veterinarian a health certificate
detailing the health and condition of the exotic animal.
6.Â
Written emergency response plan, approved by the Exotic Animal Review
Committee, in the event of any escape of the exotic animal, including
a paragraph detailing owner or possessor's understanding and agreement
that if the escaped exotic animal poses any immediate danger whatsoever
to life, limb or property (other than property of the exotic animal
owner), then it may be destroyed at that time by Law Enforcement Officers,
emergency responders or any citizen having the means to do so. This
emergency response plan shall be signed by the owner and notarized.
7.Â
All exotic animals shall be housed in facilities designed with the
characteristics and potential dangers of the particular exotic animal
in mind.
E.Â
Issuance Of A Permit.
1.Â
When the exotic animal owner or possessor has completed the list
of restrictions, but no later than ninety (90) days from the beginning
of the permit/registration process, unless extended by the Board of
Aldermen, the owner shall contact and arrange for an initial inspection
by the City, which shall not unreasonably delay this initial inspection.
2.Â
When the City has conducted its initial inspection and found the
list of restrictions to have been completed in a satisfactory manner,
it shall issue the permit to the owner or possessor of the exotic
animal.
3.Â
The initial term of this permit shall be one (1) year.
4.Â
This permit shall be renewable every six (6) months for the lesser
of the life of the exotic animal or the length of its residency in
the City, upon payment of the one hundred dollar ($100.00) permit
renewal fee and satisfactory completion of a follow-up inspection
by the City of the facility housing the exotic animal.
5.Â
This permit shall be presented for renewal prior to the expiration
of the current term; otherwise, the permit is considered expired.
6.Â
Any owner or possessor of an exotic animal and an expired permit
for that exotic animal shall be in violation of this Article and the
owner or possessor shall face the possibility of immediate seizure
of the exotic animal and the imposition of a fine of one thousand
dollars ($1,000.00) plus two hundred fifty dollars ($250.00) per day
for each day the exotic animal is in the custody of the City, plus
any additional costs to the City that may arise in connection with
seizure of the exotic animal.
F.Â
A permit
holder shall correct within seven (7) calendar days any defects that
may arise in connection with that permit or face seizure of the exotic
animal and a fine of one thousand dollars ($1,000.00) plus two hundred
fifty dollars ($250.00) per day for each day the exotic animal is
in the custody of the City, plus any additional costs to the City
that may arise in connection with seizure of the exotic animal.
[Ord. No. 1109 §6, 9-21-2009]
A.Â
This
Article does not apply to the following:
1.Â
Wildlife rehabilitators licensed by a State or Federal agency;
2.Â
Veterinary clinics in possession of exotic animals for treatment
or rehabilitation purposes;
3.Â
Non-resident circuses, carnivals or traveling fairs for no longer
than one (1) seven (7) day period per each separate location where
such circus is held within the County per calendar year; and
4.Â
Persons temporarily transporting exotic animals through the County,
provided that such transport or time shall not exceed twenty-four
(24) hours.
[Ord. No. 1109 §7, 9-21-2009]
A.Â
In the event any investigation of an exotic animal facility (other than the inspection associated with the renewal of a permit in Section 205.370) is required or requested and the complaint is substantiated by the City, then the reasonable cost of the investigation shall be assessed against the owner or possessor of the exotic animal and a court order may be obtained to enforce this assessment.
B.Â
If
at any time it becomes necessary to impound or destroy an exotic animal
pursuant to this Article, then the cost of such impoundment or destruction
shall be assessed against the owner or possessor of the exotic animal
and a court order may be obtained from the Troy Municipal Court to
enforce this assessment.
[Ord. No. 1109 §8, 9-21-2009]
A.Â
Breeding or allowing the reproduction of prohibited exotic animals listed in Section 205.350(A) of this Article is prohibited, unless approved by the Board of Aldermen.
B.Â
Any
owner or possessor of an exotic animal found to be in violation of
the above paragraph shall be in violation of this Article and the
owner or possessor shall face the possibility of immediate seizure
of the exotic animal and the imposition of a fine for each exotic
animal of one thousand dollars ($1,000.00) plus two hundred fifty
dollars ($250.00) per day for each day the exotic animal is in the
custody of the City, plus any additional costs to the City that may
arise in connection with seizure of the exotic animal.
