[R.O. 2011 § 210.110; R.O. 2009
§ 91.35; CC 1981 § 4-18.1(a); Ord. No. 92-83, 5-5-1992]
It shall be unlawful for any person
or combination of persons to keep, maintain or permit upon any one
(1) parcel of property within the City more than five (5) hives of
any common honeybee, Apis mellifera or other bees kept for the production
of honey or wax or to maintain an apiary. The keeping of bees shall
be limited to the parcel of property upon which the owner of the bees
resides.
[R.O. 2011 § 210.120; R.O. 2009
§ 91.36; CC 1981 § 4-19; Ord.
No. 92-83, 5-5-1992]
A.
No animal shall be confined within or on
a motor vehicle at any location under such conditions as may endanger
the health or well-being of the animal, including, but not limited
to, extreme hot or cold temperature, lack of food or water, unattended
or confinement with a dangerous animal.
B.
Any Animal Control Officer is authorized
to remove any animal from a motor vehicle at any location when the
officer reasonably believes it is confined in violation of this Section.
Any animal so removed shall be delivered to the City Animal Control
Shelter after the removing officer leaves written notice in a conspicuous,
secure location or within the vehicle of such removal and delivery,
including the officer's name.
C.
No Animal Control Officer shall be held
criminally or civilly liable for action pursuant to this Section provided
the officer acts in good faith, on probable cause and without malice.
[R.O. 2011 § 210.130; R.O. 2009
§ 91.37; CC 1981 § 4-20; Ord.
No. 92-83, 5-5-1992]
A.
Any person who finds and harbors a dog
without knowing the dog owner's identity shall notify the Animal Control
Officer and furnish a description of the dog. The finder may surrender
the animal to the Animal Control Officer or retain the animal in the
finder's possession subject to surrender upon demand of the Animal
Control Officer.
B.
Records of reported findings shall be retained
by the Animal Control Officer and made available for public inspection.
[R.O. 2011 § 210.140; R.O. 2009
§ 91.38; CC 1981 § 4-21; Ord.
No. 92-83, 5-5-1992; Ord. No. 06-277, 10-10-2006]
A.
No owner, keeper or person having control
of any animal or fowl shall fail to immediately remove and dispose
of in a sanitary manner any solid waste deposited by such animal or
fowl upon any street, sidewalk, public park, alley, other place open
to the public or from private property before the owner leaves the
immediate area where the solid waste was deposited.
B.
No owner, keeper or person having control
of any animal or fowl shall fail to have in his/her possession the
equipment necessary to remove his/her animal's solid waste when accompanied
by said animal or fowl on public property or public right-of-way or
easement.
C.
No owner, keeper or person having control
of any animal or fowl shall permit such animal or fowl to destroy
or damage property of any kind or to deposit solid waste or to commit
a similar nuisance on the private property of a person or the property
of the City, including its parks and playgrounds, or any property
other than that of the owner of the animal or fowl.
[R.O. 2011 § 210.150]
A.
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.
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.
Animal neglect or animal abandonment are
ordinance violations. For a first 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 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 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.
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.
The care and maintenance of neglected
or abandoned 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 or abandonment;
and
4.
The avoidance or minimization of
any public health risks created by the neglect or abandonment of the
animals.
[R.O. 2011 § 210.160]
A.
A person is guilty of animal abuse when
a person:
1.
Intentionally or purposely kills
an animal in any manner not allowed by or expressly exempted from
the provisions of Sections 578.005 to 578.023 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 or adequate control.
[R.O. 2011 § 210.170; R.O. 2009
§ 91.41; CC 1981 § 4-24; Ord.
No. 92-83, 5-5-1992]
A.
It shall be unlawful for any owner or keeper
to abandon any animal.
B.
Definition. For the purpose of this Section,
to "abandon" means:
1.
For the owner or keeper to leave
an animal without demonstrated or apparent intent to recover or to
resume custody.
2.
To leave an animal for more than
twelve (12) hours without providing adequate food, water and shelter
for the duration of the absence.
3.
To turn out or release an animal
for the purpose of causing it to be impounded.
[R.O. 2011 § 210.180; R.O. 2009
§ 91.42; CC 1981 § 4-25; Ord.
No. 92-83, 5-5-1992; Ord. No. 01-105, 5-21-2001; Ord. No. 05-73, 3-29-2005; Ord. No. 05-79, 4-13-2005]
A.
All female dogs and cats shall be securely
confined in an enclosed place while in heat.
B.
It shall be unlawful for any person owning,
controlling, possessing or having the management or care, in whole
or in part, of any dog, cat, other animal or fowl, whether licensed
or not, to fail to keep the dog, cat, other animal or fowl on the
premises of the owner or custodian thereof. Dogs shall be retained
by a fence or a chain of at least ten (10) feet in length unless being
off the premises they are securely restrained in a reasonable manner
or led by a line or leash of a length of no more than six (6) feet.
C.
Unlawful Activities.
1.
It shall be unlawful for an owner
to locate the kennel or shelter for any dog kept outdoors closer than
fifteen (15) feet to any property line whenever this would cause distress,
discomfort or injury to reasonable persons of normal and ordinary
sensibilities or endanger the comfort, repose, health or peace of
residents in the area.
2.
Furthermore, it shall be unlawful for an owner who confines any dog solely by means of an electronic fence to locate such fence within twenty-five (25) feet of a public right-of-way, such as a street or sidewalk, where such right-of-way abuts a front, rear or side yard as defined in Section 400.050.
3.
An owner who confines any dog solely by means of an electronic fence shall not permit the dog to cross the electronic fence. An owner whose dog is found to have violated this paragraph on more than two (2) occurrences shall be deemed a dog of a vicious nature and shall be subject to Section 210.190(B)(3).
D.
The provisions or prohibitions of Subsection (B) of this Section shall not apply to bloodhounds or other dogs used for tracking in conjunction with Police activities or to dogs of the Canine Corps of Police force of any municipality, any County law enforcement agency, Highway Patrol, any Federal law enforcement agency or any branch of the Armed Forces of the United States while being used to conduct official business or while being used for official purposes.
E.
The penalties for violation of this Section are set forth in Section 210.190(J).
[R.O. 2011 § 210.190; R.O. 2009
§ 91.43; CC 1981 § 4-25.1; Ord.
No. 92-83, 5-5-1992; Ord. No. 05-79, 4-13-2005]
A.
No person shall allow a dog to chase, attack,
bite, damage or injure any person, dog or other animal.
B.
Vicious Dogs — Generally.
1.
A dog having a vicious nature or
temperament is a dog which has exhibited a tendency to chase, attack,
bite, damage or injure any person, dog or other animal.
2.
Any dog having a vicious nature or
temperament shall be confined indoors or in a securely enclosed and
locked pen or structure suitable to prevent the entry of children
and designed to prevent the dog from escaping. The pen or structure
shall have secure sides of sufficient height and a secure top attached
to the sides to prevent escape; shall 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 four (4) feet. The pen shall be locked
with a key or combination lock when a dog is within the structure.
Such pen shall also provide protection from the elements for the dog.
Any such pen must comply with all applicable zoning and building regulations.
A notice shall be posted in a manner conspicuously visible to the
public at each entrance to the premises where the enclosure is located
and on each side of the enclosure, reading in letters not less than
four (4) inches high: "Dangerous Dog — Beware." In addition,
each such notice shall conspicuously display a warning symbol that
informs children of the presence of the dog.
3.
No dog having a vicious nature shall
be confined by means of a buried electric fence.
4.
It is unlawful to permit or allow
a vicious dog to be outside the proper enclosure unless the dog is
muzzled and restrained by a substantial chain or leash not longer
than four (4) feet and under the restraint of a person not less than
seventeen (17) years of age. The muzzle shall be made in a manner
that will not cause injury to the dog or interfere with its vision
or respiration but shall prevent it from biting any person or animal.
Such dogs shall not be tethered or leashed to inanimate objects such
as trees, posts or buildings.
5.
The owner or possessor of any dog
having a vicious nature shall at all times have proof of a surety
bond or policy of liability insurance in the amount and form set forth
below:
a.
A surety bond issued by a surety
insurer qualified to do business in the State of Missouri in a form
acceptable to the City in the sum of at least one hundred thousand
dollars ($100,000.00), payable to any person injured by the dog; or
b.
A policy of liability insurance,
such as homeowner's insurance, issued by an insurer qualified to do
business in the State of Missouri in the amount of at least one hundred
thousand dollars ($100,000.00), insuring the owner for any personal
injuries inflicted by the dog. The surety bond or insurance policy
shall provide that no cancellation of the policy will be made unless
(10) ten days' written notice is first given to the City. The owner
or possessor shall maintain an effective and unexpired surety bond
or insurance policy with the coverage and in the amounts specified
in this Section at all times.
6.
The owner or possessor of any dog
having a vicious nature shall provide the City with the name and address
of the owner or possessor of the dog, the address of the location
where the dog is kept and color photograph of a size not less than
three (3) inches by four (4) inches of the dog.
C.
If a dog having a vicious nature or temperament
is found running at large, it shall be seized and impounded for a
determination by the Municipal Judge as to its proper disposition.
D.
If a dog having a vicious nature or temperament
chases, attacks, bites, damages or injures any person, dog or other
animal, it may be seized and impounded for a determination by the
Municipal Judge as to its proper disposition.
E.
Warrant May Be Issued — When.
1.
The Judge of the Municipal Court,
upon application of the City Attorney or Assistant City Attorney and
upon a showing that there is probable cause to believe that a violation
of this Section exists and that there is probable cause to believe
that the dog involved in that violation may be found at a specified
location, may issue a search and seizure warrant. The warrant shall
specify the dog to be seized and shall specify the location of the
dog to be seized. The warrant shall be served only between the hours
of 8:00 A.M. and 5:00 P.M. and shall be served only by an Animal Control
Officer in the company of a uniformed Police Officer of the Police
Department.
2.
The Judge of the Municipal Court
shall upon issuance of a search and seizure warrant under this Section
order Animal Control Officers to use reasonable care to care for and
maintain the dog seized pursuant to the authority granted by this
Section until the judge has ordered other disposition of the dog.
F.
Upon at least fifteen (15) days' written
notice to the owner, the judge of the Municipal Court shall conduct
a hearing to determine the proper disposition of the dog. If both
the City and the owner agree, the hearing may be held on less than
fifteen (15) days' notice.
G.
After conducting the hearing, the judge
of the Municipal Court may determine the appropriate disposition of
the dog which is necessary for the public safety and welfare, including,
but not limited to, ordering its destruction or removal from the City.
If the judge orders the dog destroyed, Animal Control Officers shall
execute the order of the court the next business day.
H.
The remedies in this Section are in addition to the fines and penalties prescribed in Subsection (J) and do not preclude any other remedies available to the City.
I.
The provisions of this Section shall not
apply to dogs of the Canine Corps of the Police force of any municipality,
any County law enforcement agency, Highway Patrol, any Federal law
enforcement agency or any branch of the Armed Forces of the United
States while being used to conduct official business or while being
used for official purposes.
J.
Violation And Penalty.
1.
Each violation of the provisions
of this Section shall constitute a separate offense.
2.
Any person who shall violate this
Section shall be subject to:
a.
For the first violation, imprisonment
for not more than ninety (90) days or a fine of not less than one
hundred dollars ($100.00) or a combination of such fine and imprisonment
or both;
b.
For a second violation, imprisonment
for not more than ninety (90) days or a fine of not less than two
hundred dollars ($200.00) or a combination of such fine and imprisonment
or both; and
c.
For any third or successive violation,
imprisonment for not more than ninety (90) days or a fine not less
than five hundred dollars ($500.00) or a combination of such fine
and imprisonment or both.
3.
In addition, the court may, as a
condition of any probation granted to a person found guilty of violation
of this Section, order the person to make restitution to any person
who has been damaged by the dog.
[R.O. 2011 § 210.200; R.O. 2009
§ 91.44; CC 1981 § 4-32; Ord.
No. 92-83, 5-5-1992]
A.
Habitually Barking Or Threatening Dogs.
No owner shall own, keep or harbor upon his/her premises any dog that
by frequent and habitual barking, yelping or howling or by immediate
threat of attacking or biting causes fear or annoyance to the person
or persons living in the immediate area or to persons passing upon
the streets and sidewalks.
B.
Loud Animal Noises Prohibited. It shall
be unlawful for any person to cause to be made or continued any loud,
unnecessary or unusual noise by the keeping of any animal, bird or
fowl, which by causing frequent or long continued noise shall disturb
the comfort or repose of any person in the vicinity.
[R.O. 2011 § 210.210; R.O. 2009
§ 91.45; CC 1981 § 4-27; Ord.
No. 92-83, 5-5-1992]
A.
It shall be unlawful and a public nuisance
for any person in charge of a residence to keep or allow to be kept
more than two (2) dogs or three (3) cats, or any combination of such
animals exceeding four (4) in number, over the age of six (6) months
at such residence unless the residence or all of the dogs and cats
kept there are within one (1) or more of the following exceptions:
1.
The residence is licensed as a commercial
animal establishment.
2.
The residence is zoned agricultural
pursuant to the zoning regulations of the City.
3.
All of the dogs and cats kept at
the residence are licensed as required under the applicable provisions
of this Code of Ordinances of the City and the person in charge of
the residence, upon request of any Animal Control Officer or Police
Officer, presents for inspection certificates of registry for all
such animals showing continuous license for all animals existing from
a date preceding the passage of this Chapter.
4.
Any individual having a current domestic
animal avocation permit shall not permit a total combination of dogs
and cats in excess of six (6) animals upon such premises.
B.
When animals in excess of the limit established
in this Section are found at a residence, all of the animals found
at the residence may be removed to the City Dog Pound (i.e., Animal
Shelter) and handled as stray animals, except that the person in charge
of the residence present, may designate and retain up to four (4)
licensed animals.
[R.O. 2011 § 210.220; R.O. 2009
§ 91.46; CC 1981 § §4-28 — 4-29; Ord. No. 92-83, 5-5-1992]
[R.O. 2011 § 210.230; R.O. 2009
§ 91.47; CC 1981 § § 4-30 — 4-31; Ord. No. 92-83, 5-5-1992]
A.
Hog Pens. Except where permitted by the
zoning regulations of the City, it shall be unlawful for any person
to keep or use, within the City, any pen, stall or enclosure in which
hogs or swine are kept, except for the purpose of immediate transportation.
B.
Cattle Pens. Except where permitted by
the zoning regulations of the City, it shall be unlawful for any person
to keep or use, within the City, any pen, stall or enclosure in which
cattle are kept, except for the purpose of immediate transportation;
provided however, that this Section shall not apply to the keeping
or using within the City of any enclosure in which only one (1) milk
cow is kept for the purpose of supplying dairy products for family
use and not for sale.
[R.O. 2011 § 210.240; R.O. 2009
§ 91.48; CC 1981 § 4-33; Ord.
No. 92-83, 5-5-1992]
A.
It shall be unlawful for any person, being
the owner of or having in his/her possession or control any pigeon,
except homing or racing pigeons with registration bands, to allow,
suffer or permit such pigeon to fly or be at large within the City.
B.
It shall be unlawful for any person to
feed any pigeon in any open or unenclosed public or private place
within the City or to place or expose feed or food in any open or
unenclosed public or private place within the City so as to attract
pigeons thereto.
[1]
Editor's Note: R.O. 2011 § 210.250, Killing Or Disabling
A Police Animal, was repealed by the City during the 2022 recodification
project.
[R.O. 2011 § 210.255]
A person commits the offense of assault
on a police animal when such person knowingly attempts to kill or
disable or knowingly causes or attempts to cause serious physical
injury to a police animal when that animal is involved in law enforcement
investigation, apprehension, tracking, or search, or the animal is
in the custody of or under the control of a Law Enforcement Officer,
Department of Corrections Officer, Municipal Police Department, Fire
Department or a rescue unit or agency.
[R.O. 2011 § 210.260; R.O. 2009
§ 91.50; Ord. No. 95-290, 10-18-1995]
A.
No person shall keep or permit to be kept
on premises under that person's control any wild or dangerous animal
for sale, display or for exhibition purposes, whether gratuitously
or for a fee. This Section shall not be construed to apply to zoological
parks, performing animal exhibitions or circuses.
B.
No person shall keep or permit to be kept
any wild animal as a pet.
