[1]
State Law Reference—Agriculture and animals, ch. 261
et seq., RSMo.
[R.O. 2005 §5-1; CC 1997 §5-1; Ord. No. 1732 §1, 7-15-1992; Ord.
No. 2195 §1, 9-3-1997; Ord. No. 2945 §1, 5-20-2009; Ord.
No. 3060 §1, 2-1-2012; Ord. No. 3066 §1, 3-21-2012]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
As applied to animals shall mean that any animal shall be
deemed to be at large when it is off the premises of its owner's real
property and not restrained by a competent person.
All domestic species or varieties of the genus felis, male
or female, above the age of four (4) months.
A certificate issued under the County Rabies Control Code
at the time of the vaccination of a dog, bearing thereon the signature
of the vaccinator, the registration number, the name, color, breed
and sex of the dog, the name and address of the owner, the date of
the vaccination and the type of vaccine administered.
Vaccine which is manufactured using the embryo of the chicken
as a growth medium, also known as Flury Strain vaccine.
A human being who is capable of controlling and governing
the dog in question and to whose commands the dog is obedient.
The Ellisville Municipal Division of the St. Louis County
Circuit Court.
An animal declared dangerous in accordance with the provisions of Section 205.140(A) of this Code.
All domesticated members of the canis familiarize, male or
female, four (4) months of age or older.
A bird, such as the chicken, duck, goose, turkey, or pheasant,
that is used for its eggs or meat. Domestic fowl are not permitted
except as provided herein.
To put to death in a humane manner.
Any animal that is naturally wild and dangerous and has not
been raised as pets by humans for many generations such as non-domestic
cats (lions, tigers, leopards, ocelots, lynx, caracal, etc.), non-domestic
dogs, bears, non-domestic, dangerous and venomous reptiles and amphibians,
non-human primates.
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.
A dog not owned by a governmental unit, which dog is used
to guard public or private property.
The Department of Public Health of the County, the Commissioner
of Public Health of the County or any person or agent employed by
the County Health Commissioner to enforce the County Rabies Control
Code.
Those members of a family, including servants and attendants,
living in the same dwelling unit.
Traditional pets such as dogs, cats, caged birds (parrots,
parakeets, doves, etc.), small caged animals (hamsters, rabbits, guineas,
etc.) and aquarium animals.
The apprehending, catching, trapping, netting, tranquilizing,
confining or, if necessary, the destruction of any animal by the Health
Commissioner or his/her agent or by any employee or agent of the City.
Any premises designated by resolution of the Council for
the purpose of impounding and caring for all animals in violation
of this Chapter.
Any place or tract of land, whether indoors or outdoors,
whether enclosed or not, in, at or upon which, whether for pleasure
or profit, six (6) or more dogs are kept, housed, bred, raised, fed,
displayed, exhibited or sold.
All domestic species or varieties of the genus felis, male
or female, under the age of four (4) months.
Vaccine which is manufactured using tissue of the nervous
system as a growth medium.
Any person who owns, harbors, shelters, keeps, controls,
manages, possesses or has part interest in any dog, cat or kennel
in the City. The occupant of any premises on which a dog or cat remains
for a period of seven (7) days or to which it customarily returns
for a period of ten (10) days is presumed to be harboring, sheltering
or keeping the aforementioned dog or cat within this definition. Under
no circumstances are the normal and ordinary accepted definitions
of the terms harboring, sheltering or keeping to be limited to the
words of the aforementioned resumption. If a minor owns a dog, puppy
or other animal subject to the provisions of this Chapter, the head
of the household of which such minor owner is a member shall be deemed
to be the owner of such dog, puppy or animal for the purpose of this
Chapter. Under this Chapter, such person shall be responsible as the
owner, whether or not such household head is himself/herself a minor.
If not a member of a household, such minor owner shall himself/herself
be directly subject to this Chapter.
All domesticated members of the canis familiarize, male or
female, under four (4) months of age.
As applied to dogs shall mean that a dog, off the premises
of its owner's real property, is under restraint when:
It is controlled by a line or leash not more than six (6) feet
in length and such line or leash is held by a competent person;
At "heel" of a competent person;
Within a vehicle being driven, parked or stopped;
Not more than fifty (50) feet from a competent person, if such
dog is not annoying or worrying any human being or domestic animal,
trespassing on private property or in a public area where dogs or
cats are forbidden.
The injection by a veterinarian or his/her authorized agent
of a specified dose of antirabies vaccine into the body of a dog or
cat. Such vaccine shall have the U.S. Government license number approval
stamped on the label of the vaccine container and shall have been
approved by the Health Commissioner. Vaccine used for vaccination
of dogs or cats shall be stored and kept under conditions proper for
the vaccine and shall show no signs of spoilage or otherwise be unfit
for producing immunity against rabies.
The procedure of vaccinating for rabies and issuing an identification
number and an appropriate certificate under the County Rabies Control
Code. The above words shall be interchangeable.
Any veterinarian holding a current State license and operating
on a participating basis with the Health Department as required by
the County Rabies Control Code.
[R.O. 2005 §5-2; CC 1997 §5-2; Ord. No. 2195 §2, 9-3-1997; Ord.
No. 3060 §2, 2-1-2012]
A.Â
It shall be unlawful for any person owning less than five (5) acres of ground to keep, raise, own, harbor or water any cattle, hogs or pigs, mules, donkeys, sheep, goats, wild and domestic fowl, and all other domestic or exotic animals within the City except as provided in this Chapter. Pursuant to Section 400.260(B), dairy farming is a permitted use in the Non-Urban Zoning District.
B.Â
It
shall be unlawful for any person owning less than three (3) acres
of ground to keep, raise, own, harbor or water any horses or ponies
within the City.
C.Â
It
shall be unlawful for any person who keeps, owns, harbors, stables
or waters any horses or ponies to construct a stable or shelter within
one hundred (100) feet of the property line. In all cases of complaint
to the Council or upon the Council's own request, where persons owning
ground keep, raise or harbor, stable or water any horses or ponies,
the area shall be reviewed to determine the adequacy of such area
for the keeping, raising, owning, harboring, stabling or watering
of any horses or ponies.
D.Â
This
Section shall not be applicable to traditional household pets such
as dogs, cats, caged birds (parrots, parakeets, doves, etc.), small
caged animals (hamsters, rabbits, guineas, etc.) and aquarium animals.
[R.O. 2005 §5-3; CC 1997 §5-3]
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.
[R.O. 2005 §5-4; CC 1997 §5-4]
It shall be unlawful for any person owning or having charge
of any horse, mule, jennet, bull, cow, sheep, hog, chicken, goose
or any domesticated animal or wild fowl of any kind to allow the same
to run at large within the City.
[R.O. 2005 §5-5; CC 1997 §5-5]
It shall be unlawful for any person owning or having charge
of any horse, mule, jennet, bull or cow to allow the same to be driven,
lead or ridden over any bike trail or path or upon, over or across
a public highway, road or street.
[R.O. 2005 §5-6; Ord.
No. 2195 §3, 9-3-1997; Ord. No. 2945 §§2—3, 5-20-2009; Ord.
No. 3060 §3, 2-1-2012]
A.Â
On Less Than Three Acres. Any person owning less than three
(3) acres of ground may keep, raise, own, harbor or house on his/her
premises or on the premises of others, within the City, no more than
a total of three (3) dogs, cats or other domestic animals except as
provided in this Chapter. Upon the birth of a litter of young dogs,
cats or other animals, it shall be permissible under this Section
that such litter may be kept together with their mother until they
reach the age of four (4) months.
B.Â
On Three Acres Or More. Any person owning three (3) acres
of ground or more may keep, raise, own, harbor or house on his/her
premises or on the premises of others, within the City, no more than
a total of five (5) dogs, cats, horses, cattle, hogs or pigs, mules,
donkeys, sheep, goats, and all other domestic animals within the City
except as provided in this Chapter. This paragraph shall not apply
to those lawful conditional uses established in the Wildwood Non-Urban
District Regulations authorizing six (6) or more animals.
This Section shall not be applicable to caged birds (parrots,
parakeets, doves, etc.), small caged animals (hamsters, rabbits, guineas,
etc.) and aquarium animals or as herein provided regarding chickens.
[R.O. 2005 §5-7; CC 1997 §5-7]
It shall be unlawful for any person owning or having charge
of any horse, mule, jennet, bull, cow, sheep, hog, goat, dog, cat,
chicken, goose or any domesticated or wild fowl of any kind to allow
the animal to give forth or cause any loud or unusual noise or to
cause any ill-smelling, nauseous or obnoxious odors. If such person
owning or having charge of any beast or fowl causing or creating any
such noise or odor shall cure, remedy and entirely alleviate the odor
or noise within ten (10) days after the service of a notice to do
so upon him/her by any member of the Police Department, no punishment
shall be assessed or imposed against that person. If the odor or noise
is not cured, remedied and entirely alleviated within ten (10) days
after service of the notice, the person served shall be deemed guilty
of a misdemeanor.
[R.O. 2005 §5-8; CC 1997 §5-8]
A.Â
The
Health Commissioner or other persons designated by him/her or such
other persons who may be designated by the Council shall have the
power to catch, confine and impound dogs and cats and other animals
under the following circumstances:
1.Â
All female dogs and cats not securely confined in an enclosed place
while in heat;
2.Â
All dogs and cats and puppies which are at large;
3.Â
All dogs and cats or other animals infected or suspected of being
infected with rabies and all dogs and cats and other animals exposed
to or suspected of having been exposed to or infected with rabies,
including dogs and cats or other animals known to have been bitten
by a rabid animal, whether the dog and cat or other animal to be impounded
is running at large or on a leash or confined to its owner's premises;
4.Â
All unconfined or unleashed animals or dogs and cats with vicious
propensities;
5.Â
Dogs and cats not vaccinated for rabies within the previous twelve
(12) months with nerve tissue vaccine, nor within the preceding thirty-six
(36) months with chicken embryo or Flury Strain vaccine, nor, if another
vaccine approved by the Health Commissioner was used, within the preceding
time period, approved by the Health Commissioner, as the duration
of effective protection against rabies which that vaccine gives;
6.Â
Unconfined dogs and cats in quarantine areas;
7.Â
Dogs and cats or other animals which have bitten a person or animal,
dogs and cats which have been bitten by a dog or cat or animal suspected
of having rabies, dogs and cats which are suspected of having rabies
or dogs and cats which have been exposed to rabies.
B.Â
No
dog or cat shall be exempted from the provisions of Subparagraphs
(3) through (7) by virtue of vaccination, tags or a vaccination registration
certificate.
[R.O. 2005 §5-11; CC 1997 §5-11]
Any animal which does not exhibit a valid vaccination registration
tag issued by the County and which reveals the symptoms of any disease
or injury, clearly not those of rabies, as determined by the County
Health Department or by any such person as may be designated by the
Council may be subjected to disposal at the earliest possible time.
[Ord. No. 3066 §2, 3-21-2012]
Exotic animals are prohibited in the City, with the exception
of those exotic animals living lawfully within the City as of March
21, 2012; provided that the owners of the exotic animals register
the animals with, and on forms to be provided by, the City.
[R.O. 2005 §5-12; CC 1997 §5-12]
A.Â
Duties Of Municipal Court Clerk. The Municipal Court Clerk is authorized to and shall have and perform the following duties enumerated in this Section, in cases involving violations of the portions of this Chapter enumerated in Subsection (A)(2) of this Section:
1.Â
Accept payment of designated fines, penalties and issue receipts
therefor;
2.Â
Maintain records of all violations of the provisions of this Chapter
of which each person has been guilty during the preceding sixty (60)
months, whether such guilt was established in court or by payment
of a fine in and to the City through the Municipal Court Clerk;
3.Â
File with the Police copies of the records of all cases involving
violations of the provisions of this Chapter, irrespective of guilt,
and the disposition of each such case.
B.Â
Fines—"Not Guilty" Plea. Any person charged with the violation of Sections 205.140 through 205.160, 205.180, 205.190 or 205.220 may, within five (5) days after receipt of a notice, pay to the Municipal Court Clerk a fine therefor as designated below or may enter a plea of not guilty and stand trial in the City Municipal Court; provided that any person accused of his/her third (3rd) or additional violation of any combination of the above listed Sections within one (1) consecutive twenty-four (24) month period shall be proceeded against in the Municipal Court and upon conviction shall be fined two hundred dollars ($200.00).
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Schedule of Penalties for Violations of Section Within
Five (5) Days After Receipt of Notice
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|---|---|---|
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1st offense
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2nd offense within 12 months
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$40.00
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$75.00
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C.Â
Failure To Pay Fine Or File Plea. If the person so charged
fails to pay the designated fine or enter a plea of guilty within
five (5) days, the Municipal Court Clerk, after a complaint has been
filed, shall send such person a letter directing him/her to appear
in the City Municipal Court notifying him/her of the time and date
the appearance is to be made, as well as the address of the court
and advising that a warrant for the arrest of such person may be issued
if he/she should fail to appear in court upon the date and time specified.
[R.O. 2005 §5-13; CC 1997 §5-13; Ord. No. 1646 §1, 4-17-1991; Ord.
No. 2701 §1, 5-18-2005]
A.Â
It
shall be unlawful for the owner or handler of any animal to fail to
remove fecal matter deposited by his/her 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.Â
It
shall be unlawful for an owner to allow the accumulation of animal
feces or manure in any open area, run, cage or yard wherein animals
are kept and to fail to remove or dispose of feces or manure at least
once every twenty-four (24) hours.
C.Â
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.
D.Â
Any
person found guilty of violating this Section shall be guilty of a
misdemeanor and upon conviction shall be punished:
1.Â
By a fine of not less than twenty dollars ($20.00) nor more than
fifty dollars ($50.00) for the first (1st) offense; or
2.Â
For the second (2nd) and subsequent offenses occurring within one
(1) year, a fine of not less than thirty dollars ($30.00) nor more
than one hundred dollars ($100.00).
3.Â
The minimum fines provided for by this Section are mandatory minimums
and shall not be suspended or deferred except in cases in which the
court determines that the defendant is indigent and unable to pay
any fine.
A.Â
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
which results in substantial harm to the animal.
B.Â
A person
is guilty of animal abandonment when he/she has knowingly abandoned
an animal in any place without making provisions for its adequate
care.
C.Â
Animal
neglect or animal abandonment are ordinance violations. For a first
(1st) offense of either violation, a term of imprisonment not to exceed
fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00),
or both such fine and imprisonment may be imposed. For a second (2nd)
or subsequent violation of either offense, a term of imprisonment
not to exceed ninety (90) days, or a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment may be imposed.
All fines and penalties for a first (1st) conviction of animal neglect
or animal abandonment may be waived by the court provided that the
person found guilty of animal neglect or abandonment shows that adequate,
permanent remedies for the neglect or abandonment have been made.
Reasonable costs incurred for the care and maintenance of neglected
or abandoned animals may not be waived.
D.Â
In
addition to any other penalty imposed by this Section, the court may
order a person found guilty of animal neglect or animal abandonment
to pay all reasonable costs and expenses necessary for:
1.Â
The care and maintenance of neglected or abandoned 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 or abandonment; and
4.Â
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
A.Â
A person
is guilty of animal abuse when a person:
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 or adequate control.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
