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City of Clayton, MO
St. Louis County
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Table of Contents
Table of Contents
[1]
State Law Reference—Rabies control, §§322.010 et. seq., RSMo.
[CC 1970 §4-23; CC 1947 §§6-40, 6-56.2; Ord. No. 4878 §1, 4-28-1992; Ord. No. 6266 §1, 4-9-2013]
As used in this Article, the following terms shall have the respective meanings ascribed to them:
AFFECTED WITH RABIES
Infected with the rabies virus as determined by standard laboratory testing.
DIRECTOR
The Director of Health of the City.
DOG
Both male and female dogs unless otherwise specifically stated.
EXPOSED TO RABIES
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.
MAINTAIN A KENNEL
Owning, keeping or harboring at any one time, whether at one (1) or more locations within the City, four (4) or more dogs over the age of four (4) months.
RABIES
Hydrophobia.
VICIOUS DOG
1. 
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety to human beings or domestic animals; or
2. 
Any dog which because of its vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this Article; or
3. 
Any dog which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal; or
4. 
Any dog owned, bred or harbored primarily or in part for the purposes of dog fighting or any dog trained for dog fighting; or
5. 
Notwithstanding anything to the contrary herein, no dog may be deemed vicious if a threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or if a person at the time of such threat, injury or damage was teasing, tormenting, abusing or assaulting the dog or was threatening or committing an assault or other bodily harm to the owner, the owner's immediate family or their invitees.
[CC 1970 §4-24; CC 1947 §6-41]
The Director of Health shall direct the enforcement of this Article and the various City Officers shall perform the duties herein specified to be respectively performed by them.
[CC 1970 §4-25; CC 1947 §6-51]
It is unlawful for any person to conceal an animal or interfere with the Director in the performance of his/her legal duties as provided in this Article. The Director shall have the right of entry to any unenclosed lots or lands for the purpose of collecting any stray or unlicensed dog or other animal. The Director shall have the right of entry to any property or premises within any quarantined area during the period of such quarantine for the purpose of examining or obtaining any dog suspected of having rabies or having been exposed to rabies.
[CC 1970 §4-26; CC 1947 §6-42]
Every person who owns, controls, manages, possesses or has part interest in any dog kept at any time during the year in the City or who permits a dog to come upon, on or in and to remain in or about his/her home, place of business or other premises in the City shall have purchased for such dog a St. Louis County dog license as required by the ordinances of St. Louis County and shall have such license attached to such dog.
[CC 1970 §4-27; CC 1947 §6-45]
Every person who owns, controls, manages, possesses or has part interest in any dog, kept any time during the year in the City or who permits a dog to come upon, on or in and to remain in or about his/her home, place of business or other premises in the City shall have such dog inoculated against rabies at least once each year, unless an approved three (3) year type vaccine is administered, in which case inoculation shall be required at least once every three (3) years. Said inoculation shall be performed by a licensed veterinarian.
[CC 1970 §4-28; CC 1947 §6-46]
It shall be a misdemeanor for any person owning, controlling, possessing or having the management or care, to any degree, of any dog, whether licensed as required or not, to permit the dog to run at large or go off the premises of the owner or keeper thereof, unless it is securely tied or led by a line or leash of a length of no more than six (6) feet, so as to prevent it from biting, molesting, being with or approaching any person or animal.
[CC 1970 §4-29; CC 1947 §6-56.7]
In any prosecution charging a violation of Section 210.060, proof that a dog was running off the premises in violation of said Section, together with proof that the defendant named in the complaint was, at the time described in the complaint, the owner or keeper of such dog, shall constitute a prima facie presumption that said owner or keeper was the person who permitted said dog to go off the premises.
[CC 1970 §4-30; CC 1947 §6-47]
It shall be the duty of the Director of Health to take up and impound in a suitable place, the location of which shall be published by posting a card or notice in his/her office, any dog found within the City running at large (not confined on its own premises). The work of catching and impounding dogs may be let by contract by the Board of Aldermen to the County or to a private contractor. The Health Department, in such case, shall supervise the performance of such contract.
[CC 1970 §4-31; CC 1947 §6-48; Ord. No. 3874 §1, 3-8-1977]
Release of any dog apprehended at large in the City may be ordered by the Director of Health, provided that if said dog has not been inoculated against rabies within the previous twelve (12) months with an approved one (1) year type vaccine or within three (3) years with an approved three (3) year type vaccine, it shall be accomplished before release and the cost of such inoculation charged to the owner, keeper or responsible party, as the case may be. No person shall have the right to redemption as herein provided unless within one (1) week after impounding, in lieu of court appearance, the owner may pay to the Director of Finance a penalty of five dollars ($5.00) for the first (1st) impoundment, a penalty of ten dollars ($10.00) for the second (2nd) impoundment of the same or another dog of the same owner within a one (1) year period. These penalties conditioned on the dogs being with current inoculation; in the event such dog is not currently inoculated, the penalties shall be double those above provided.
[CC 1970 §4-32; CC 1947 §6-56.1]
Any dog impounded and not claimed by owner or keeper after one (1) week may be disposed of in such way or manner as may be directed by the Director of Health.
[CC 1970 §4-33; CC 1947 §6-50]
Any fierce, vicious or dangerous dog, whether licensed or not, may be impounded for any length of time deemed necessary by the Director of Health or, in an emergency in the opinion of the Police, such dog may be put to death in a humane manner.
[CC 1970 §4-34; CC 1947 §6-49]
Owners or keepers of a dog which acts in a suspicious manner suggesting rabies or is viciously inclined, either outside or within the premises of such owner or keeper, either on the public street or any private property, shall upon receipt of written notice from the Director of Health cause to be quarantined such dog for a period of ten (10) days for rabies observation. The quarantining of said dog shall be at the cost of the owner in a kennel, dog hospital, animal protective shelter or other establishment approved by the Director of Health or any other place where the dog shall be kept in such manner that neither human beings nor other animals can be contacted during such period of observation. Dogs so quarantined shall be checked by a licensed veterinarian and written certification from him/her presented to the Director of Health before release is ordered, any and all costs shall be borne by the owner or responsible party.
[CC 1970 §4-35; CC 1947 §6-55]
Any person destroying an animal affected with rabies or suspected of being affecting with rabies shall immediately notify the Director of Health and shall surrender the carcass of such animal upon demand. The owner or custodian of any such destroyed animal shall immediately provide the Health Department with full particulars thereof, including the time, date, location, the names and addresses of any person bitten by said animal and also the name and address of the owner or person having custody of any animal exposed to the animal destroyed.
[CC 1970 §4-36; CC 1947 §6-52]
It is unlawful for any person having ownership, control, management or possession of any animal subject to rabies to abandon such animal in any locality in the City subject to this Article.
[CC 1970 §4-37; CC 1947 §6-53]
It shall be the duty of any person bitten by any animal or the parent or guardian of any minor child bitten by an animal to report the same to the Health Department immediately. Such report shall contain the name and address of the dog's owner and of the victim, the day and time bitten, the location where bitten and a general description of the animal. The Director of Health shall immediately take said animal into custody or have the same confined by the owner thereof for ten (10) days as provided in Section 210.120. If the owner shall not confine such animal in a manner satisfactory to the Health Department, such animal shall be forthwith surrendered to the Director of Health or to a person or persons designated by him/her upon demand.
[CC 1970 §4-38; CC 1947 §6-54]
It shall be the duty of every physician to report immediately to the Health Department the full name, age and address of any person under his/her care or observation who has been bitten by an animal affected with rabies or suspected of being affected with rabies and every veterinarian treating or having under observation any animal affected with rabies or suspected of being rabid or suspected of having been exposed to rabies shall report to the Health Department the license number of such animal and the owner's name and address.
[CC 1970 §§4-40—4-44; CC 1947 §§6-56.2—6-56.6; Ord. No. 3785 §1, 11-25-1975; Ord. No. 3786 §1, 11-25-1975]
A. 
License Required. No person shall maintain a kennel within the City in any single-family or multiple-dwelling zoning district nor without a license therefor as herein provided.
B. 
License Application—Petition—Granting—Period—Fees. The Board of Aldermen on application duly made may, by majority vote, issue a license for maintenance of a kennel, provided the application for such license is accompanied by a petition in writing assenting to the maintenance of such kennel at any location specified, signed by at least two-thirds (⅔) of the resident property owners in the block where same is to be maintained. An application not accompanied by such petition shall be granted only by a two-thirds (⅔) vote of all members of the Board of Aldermen. A license shall be issued by the Director of Health for a period of one (1) year. The annual fee for such commercial kennels shall be fifty dollars ($50.00), but no individual dog licenses shall be required for dogs maintained in such kennels.
C. 
Number Of Dogs Limited. The number of dogs to be kept in any licensed kennel at any one time shall not exceed fifteen (15).
D. 
Inspection—Revocation Or Suspension Of License. All licensed kennels shall be inspected by the Health Department at least once each three (3) months. If said kennel on any inspection is found not to comply with the provisions of this Article or to constitute a nuisance, the Director of Health shall report the facts to the Board of Aldermen and the Board may revoke such license or suspend the same as it may deem proper.
E. 
Prohibited In Residential Building. No kennel may be maintained in a residential building.