[CC 1970 §4-1; Ord. No. 5797 §1, 11-11-2003]
As used in this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this Section.
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal or property.
Every living vertebrate (mammal) except a human being.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
An animal raised on a farm or ranch and primarily used or
intended for use in production operations as food or fiber or for
commercial gain.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any individual, partnership, firm, joint stock company, corporation,
association, trust, estate or other legal entity.
Birds, rabbits or rodents which damage property or have an
adverse effect on the public health, but shall not include any endangered
species listed by the United States Department of the Interior nor
any endangered species listed in the Wildlife Code of Missouri.
An animal that is kept for pleasure rather than utility.
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.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[CC 1970 §4-3; Ord. No. 5797 §1, 11-11-2003]
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 knowingly abandons an
animal in any place without making provisions for its adequate care.
C.
Punishment
for a first (1st) conviction for animal neglect or abandonment is
by imprisonment for up to fifteen (15) days or a fine not to exceed
five hundred dollars ($500.00) or both. A second (2nd) or subsequent
conviction shall be punishable by imprisonment for a term not to exceed
ninety (90) days or a fine not to exceed one thousand dollars ($1,000.00)
or both. All fines and penalties for a first (1st) conviction of animal
neglect or 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 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.
E.
The
parent or guardian of a minor child is responsible for the adequate
care of any animal owned by or in the control of or harbored by that
minor child.
[CC 1970 §4-4; Ord. No. 5797 §1, 11-11-2003]
A.
Any
duly authorized public health official, law enforcement official or
Animal Control Officer may impound any animal found outside of the
owned or rented property of the owner or custodian of such animal
when such animal shows evidence of neglect or abuse. Any animal impounded
pursuant to this Section shall be:
1.
If the owner can be ascertained and the animal is not diseased or
disabled beyond recovery for any useful purpose, held for recovery
by the owner. The owner shall be notified within five (5) business
days of impoundment by phone or by mail of the animal's location and
recovery procedures. The animal shall be held ten (10) business days.
An animal unclaimed after ten (10) business days may be put up for
adoption or humanely killed;
2.
Placed in the care or custody of a veterinarian or the appropriate
animal control authority of an animal shelter. The animal shall not
be disposed of, unless diseased or disabled beyond recovery for any
useful purpose, until after expiration of a minimum of five (5) business
days, during which time the public shall have clear access to inspect
the animal through time periods ordinarily accepted as usual business
hours. After five (5) business days, the animal may be put up for
adoption or humanely killed; or
3.
If diseased or disabled beyond recovery for any useful purpose as
determined by a public health official, law enforcement official,
veterinarian or Animal Control Officer, humanely killed.
4.
The owner or custodian of an animal impounded pursuant to this Section
shall be liable for reasonable costs for the care and maintenance
of the animal. Any person incurring reasonable costs for the care
and maintenance of such animal shall have a lien against such animal
until the reasonable costs have been paid and may be put up for adoption
or humanely kill any animal if such costs are not paid within ten
(10) days after demand. Any monies received for an animal adopted
pursuant to this Subsection in excess of costs shall be paid to the
owner of such animal.
5.
The owner or custodian of any animal killed pursuant to this Section
shall be entitled to recover the actual value of the animal up to
but not to exceed six hundred dollars ($600.00) if the owner or custodian
shows that such killing was unwarranted.
[CC 1970 §4-5; Ord. No. 5797 §1, 11-11-2003]
A.
Any
duly authorized public health official or law enforcement official
may seek a warrant from the appropriate court to enable him/her to
enter private property in order to inspect, care for or impound neglected
or abused animals. All requests for such warrants shall be accompanied
by an affidavit stating the probable cause to believe a violation
of this Article Section has occurred. A person under the authority
of a warrant shall:
1.
Be given a disposition hearing before the court through which the
warrant was issued within thirty (30) days of the filing of the request
for the purpose of granting immediate disposition of the animals impounded.
2.
Place impounded animals in the care or custody of a veterinarian,
the appropriate animal control authority or an animal shelter. If
an appropriate veterinarian, animal control authority or animal shelter
is not available, the animal shall not be impounded unless it is diseased
or disabled beyond recovery for any useful purpose.
3.
Humanely kill any animal impounded if it is determined by a licensed
veterinarian that the animal is diseased or disabled beyond recovery
for any useful purpose.
4.
Not be liable for any necessary damage to property while acting under
such warrant.
5.
The owner or custodian or any person claiming an interest in any
animal that has been impounded because of neglect or abuse may prevent
disposition of the animal by posting bond or security in an amount
sufficient to provide for the animal's care and keeping for at least
thirty (30) days, inclusive of the date on which the animal was taken
into custody. Notwithstanding the fact that bond may be posted pursuant
to this Subsection, the authority having custody of the animal may
humanely dispose of the animal at the end of the time for which expenses
are covered by the bond or security, unless there is a court order
prohibiting such disposition. Such order shall provide for a bond
or other security in the amount necessary to protect the authority
having custody of the animal from any cost of the care, keeping or
disposal of the animal. The authority taking custody of an animal
shall give notice of the provisions of this Section by posting a copy
of this Section at the place where the animal was taken into custody
or by delivering it to a person residing on the property.
6.
The owner or custodian of any animal humanely killed pursuant to
this Section shall not be entitled to recover any damages related
to nor the actual value of the animal if the animal was found by a
licensed veterinarian to be diseased or disabled or if the owner or
custodian failed to post bond or security of the care, keeping and
disposition of the animal after being notified of impoundment.
B.
If
a person is adjudicated guilty of the crime of animal neglect or animal
abuse and the court having jurisdiction is satisfied that an animal
owned or controlled by such person would in the future be subject
to such neglect or abuse, such animal shall not be returned to or
allowed to remain with such person, but its disposition shall be determined
by the court.
[CC 1970 §4-6; Ord. No. 5797 §1, 11-11-2003]
It shall be unlawful for any person to molest, injure or disturb
any wild birds, ducks or geese or the nests, young or brood of any
such wild fowl; provided however, in circumstances where such birds,
ducks or geese, because of the concentration in number or for other
reasons, create a nuisance or threat to the public health, the Police
Department and/or the Health Department may, consistent with prevailing
State and Federal law, take such actions necessary to mitigate the
situation.
No person may keep any lion, tiger, leopard, ocelot, jaguar,
cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena,
wolf, bear, non-human 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.
[CC 1970 §4-8; Ord. No. 5797 §1, 11-11-2003]
A.
It
shall be unlawful for a person to keep any cattle, horses, goats,
mules, sheep, pigs or other types of livestock except in conjunction
with a farming operation or riding stable. No stable, pig sty, barn,
corral or other animal pen where such livestock are boarded or confined
shall be closer than fifty (50) feet to any property line. In no case
shall a horse, pony or other type of livestock be kept on a lot of
less than three (3) acres. However, nothing in this Section shall
be construed as to preclude the transport of livestock through the
City, the use of livestock in a parade or exhibition, as a temporary
scientific or teaching display or other officially sanctioned reason.
B.
Every
person having charge or control of any stable, shed or pen or any
yard shall be responsible for the cleanliness of the facility or site.
All manure, fecal accumulations and liquid discharges in any pen,
cage, stable, corral, yard, barn, etc., shall be removed and disposed
of in such a manner as to prevent the breeding of flies and creation
of offensive, disagreeable or noxious odors or other nuisance conditions.
Further, nothing in this Section shall be construed so as to prevent
the use of manure deposits upon any private property to enhance the
cultivation of such property.
[CC 1970 §4-9; Ord. No. 5797 §1, 11-11-2003; Ord. No. 6291 §1, 9-24-2013; Ord. No. 6394 §1, 10-13-2015]
A.
Limitations On Keeping Domestic Fowl. It shall be
unlawful for a person, other than a veterinary hospital or pet shop,
to keep domestic geese, ducks, chickens or turkeys ("domestic fowl")
within the City for commercial or resale purposes. It shall be unlawful
for a person to keep more than ten (10) domestic fowl as pets or for
domestic egg production. No crowing hens or adult male chickens may
be kept. Domestic fowl kept as pets or for domestic egg production
must be adequately confined within the private property boundaries
of the owner's yard sufficient to prevent their escape. Any person
desiring to keep domestic fowl may do so only upon obtaining a permit
for same from the City.
B.
Permit Required. No person may keep upon his/her
premises any domestic fowl except as provided in this Section.
1.
Any person desiring to keep any domestic fowl within the City
shall file with the City's Planning and Development Services
Department a written application for a permit, accompanied by a non-refundable
application fee in the amount of fifty dollars ($50.00).
2.
Permits granted under this Section may not be transferred to
a new owner.
3.
Approval of the permit will be granted upon successful completion
of an inspection(s). If multiple inspections are required, an additional
fee of thirty-five dollars ($35.00) per inspection shall be charged.
Each permit shall be for a term of three (3) years from the date thereof,
unless sooner revoked as provided herein. A successive permit for
an additional period of three (3) years may be issued through the
same procedures for an initial application.
4.
Notwithstanding any provision herein to the contrary, each property
harboring domestic fowl which exists before the effective date of
this Section on September 24, 2013, shall comply with the provisions
of this Section and obtain a permit within one hundred twenty (120)
days after the effective date of this Section. Existing permit holders
shall comply with amendments to this Section within sixty (60) days
of the effective date (October 13, 2015) of the amendment(s) with
the following exception:
a.
Pursuant to Section 210.260(A), any existing permit holder who houses more than ten (10) domestic fowl on their property may keep the same number of fowl, but may not replace any fowl that expires or that is otherwise permanently removed from their property, until the limit of ten (10) is reached.
C.
Permit Criteria And Performance Standards. A permit
may be issued if all of the following conditions are satisfied:
1.
Domestic fowl may be kept for purely domestic purposes only.
No animals or eggs may be sold to any person not a resident of the
premises where kept.
2.
The domestic fowl shall be safely and securely confined within
an enclosed area containing a coop. The coop must have a hard roof,
and the coop and enclosed area must be completely secured from predators.
No more than one (1) coop is allowed per permitted parcel. The domestic
fowl shall not be permitted to run at large in or upon the public
streets, open lots or private properties of the City, other than that
of the owner.
3.
The appearance of the coop and enclosure, and the materials
used to construct the coop and enclosure shall resemble backyard coops
which are sold in the commercial marketplace. The coop and enclosed
area shall appear professional in design and workmanship. It shall
be constructed with proportional dimensions. Plastic tarp roofs, junk
and materials not commercially used for coops and enclosures are not
allowed.
4.
The coop and enclosed area shall be maintained in a ventilated,
clean, safe and sanitary condition containing adequate space for humane
treatment. The coop and enclosed areas shall be maintained in good
repair and free of noxious odors.
5.
The coop and enclosed area shall be designed and maintained
at all times to effectively prohibit accessibility by predators.
6.
Coops and enclosed areas shall be located only in the rear yard.
Coops and the material establishing the boundaries of the enclosed
areas shall meet all rear and side yard setback requirements for accessory
structures in accordance with the zoning district in which the property
is located. Coops and enclosed areas shall not be visible from adjoining
properties at ground level or from any street, public or private,
through the proper use of fencing, walls, berms, or densely planted
vegetation, or any combination thereof.
a.
If vegetation is used, it shall be planted in a designated buffer
strip at least three (3) feet in width along the side and rear property
lines, and across the side yards to obscure visibility from the street.
Said area shall be so designed and planted as to be one hundred percent
(100%) opaque when viewed horizontally by a person standing at ground
level, at a height no less than six (6) feet from ground level, at
the time of planting. Existing vegetation, alone or in combination
with a fence or wall, that achieves the vegetative opacity and minimum
height requirements set forth herein, may be approved by the Planning
Director in lieu of the minimum buffer width standards.
b.
An opaque fence or wall no less than six (6) feet in height,
surrounding the rear yard, may also serve to create an enclosed area
for domestic fowl. Fence and wall construction shall meet all standards
pursuant to the City's fence standards and shall be permitted
separately. Fences and walls used in this manner may be located on
the property line.
7.
Any manure or waste shall be collected and properly removed
from the premises or tilled into the soil on the premises promptly
and regularly to prevent offensive smells or conditions conducive
to disease.
8.
Food for domestic fowl shall be stored in a container which
is kept dry and sanitary and in a rodent-, insect- and leak-proof
condition at all times.
9.
No person shall keep domestic fowl in a manner so as to create a nuisance as defined in Chapter 220, Nuisances, of the City Code.
10.
The keeping of domestic fowl pursuant to a permit issued under
this Section shall comply with all ordinances of the City.
11.
By applying for a permit under this Section, the property owner
authorizes City officials, at all reasonable times and in a reasonable
manner, to enter upon and inspect the property with respect to which
the permit is applied for to determine whether the keeping of domestic
fowl violates this Section or any other applicable ordinances.
D.
Revocation Of Permits To Keep Domestic Fowl.
1.
In addition to any other penalty provided by law for violation
of this Section or any other provision of this Code of Ordinances,
if the holder of a permit allows any nuisance or unsanitary condition
to exist upon the premises, or any violation of this Section, any
of the conditions or performance standards provided herein, or other
applicable laws, to exist after notice of violation from the City,
then such permit for domestic fowl may be disciplined or revoked after
hearing, upon determination by the City Manager or designee that such
domestic fowl is being maintained in an unsanitary condition, or in
violation of this Section, any of the conditions or performance standards
provided herein, or other applicable laws. All domestic fowl must
be disposed of or removed from the City no more than ten (10) days
following receipt of notice of revocation after hearing from the City.
2.
Any applicant or permit holder aggrieved by a decision of, (a)
the Planning and Development Services Department in regard to issuance
of a permit, or (b) the City Manager or designee in regard to discipline
or revocation of a permit may appeal the decision to the City Manager
within five (5) business days of said decision by filing a written
request for reconsideration and appeal setting forth in a thorough
and concise manner the decision being appealed and all grounds known
to the appellant as to wherein and why the decision is allegedly in
error. The City Manager may consider the appeal on the record of the
prior decision or may, at the Manager's sole discretion, receive
additional evidence in such manner as deemed appropriate in light
of the circumstances.
A.
Any
person who:
1.
Owns, possesses, keeps, or trains any dog, with the intent that such
dog shall be engaged in an exhibition of fighting with another dog;
2.
For amusement or gain, causes any dog to fight with another dog,
or causes any dogs to injure each other; or
3.
Permits any act as described in Subparagraphs (1) or (2) of this
Subsection to be done on any premises under his/her charge or control,
or aids or abets any such act is guilty of an ordinance violation.
B.
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in Subparagraph (2) of Subsection (A) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of an ordinance violation.
C.
Nothing
in this Section shall be construed to prohibit:
1.
The use of dogs in the management of livestock by the owner of such
livestock or his/her employees or agents or other persons in lawful
custody of such livestock;
2.
The use of dogs in hunting; or
3.
The training of dogs or the use of equipment in the training of dogs
for any purpose not prohibited by law.
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 class A misdemeanor.
[CC 1970 §4-11; Ord. No. 5797 §1, 11-11-2003; Ord. No. 5903 §1, 10-11-2005]
A.
It
shall be unlawful for the owner or keeper of any livestock, dog or
other domestic animal, except cats, to run at large within the City.
B.
Every
female dog, cat or other animal in heat shall be confined in a building
or secure enclosure in such a manner that such female cannot come
into contact with another animal except for a planned breeding.
C.
These
restraints do not apply to animals while being used for lawful hunting,
field trials, water retrieving, dog shows, tracking or search and
rescue in conjunction with official local, State or Federal law enforcement
activities or the Armed Forces of the United States.
[CC 1970 §4-12; Ord. No. 5797 §1, 11-11-2003]
A.
In
accordance with Section 578.007, RSMo., the various provisions of
this Article shall not apply to:
1.
Care or treatment performed by a licensed veterinarian within the
provisions of Chapter 340, RSMo.;
2.
Bona fide scientific experiments;
3.
Hunting, fishing or trapping as allowed by Chapter 252, RSMo., including
all practices and privileges as allowed under the Missouri Wildlife
Code;
4.
Facilities and publicly funded zoological parks currently in compliance
with the Federal "Animal Welfare Act" as amended;
5.
Rodeo practices currently accepted by the Professional Rodeo Cowboys
Association;
6.
The lawful, humane killing of an animal by the owner thereof, the
agent of such owner or by a veterinarian at the request of the owner
thereof;
7.
The lawful, humane killing of an animal by an Animal Control Officer,
the operator of an animal shelter, veterinarian or law enforcement
or health official;
8.
With respect to farm animals, normal or accepted practices of animal
husbandry;
9.
The killing of an animal by any person at any time if such animal
is outside of the owned or rented property of the owner or custodian
of such animal and the animal is injuring any person or farm animal,
but shall not include Police or guard dogs while working;
10.
The killing of house or garden pests;
11.
Field trials, training and hunting practices as accepted by the Professional
Houndsmen of Missouri.
[CC 1970 §4-13; Ord. No. 5797 §1, 11-11-2003]
A.
The
entry of animals to any special event held within the jurisdictional
limits of the City where, in the judgment of the Chief of Police,
the entry of such animal or animals poses a hazard to public safety
or health is hereby prohibited.
B.
Support dogs, such as Seeing Eye dogs, assist dogs for the hearing impaired, Police dogs and other specially trained assist or performing animals shall be exempt from the provisions contained in Subsection (A).
C.
The
event(s) where animals are to be prohibited shall be clearly posted
as such, with appropriate signage placed at each entrance or adequately
spaced around the event's perimeter.
D.
Any
person who shall be convicted of a violation of the provisions of
this Section shall be deemed guilty of a misdemeanor.
E.
As
used in this Section, the term "special event" shall
mean a specified or designated public occurrence, affair or event
at which more than two hundred (200) persons are reasonably expected
by the organizer or sponsor thereof to be in attendance.
[Ord. No. 5879 §1(4-15), 5-24-2005]
A.
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.
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.
[Ord. No. 5879 §1(4-16), 5-24-2005]
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.
[Ord. No. 5879 §1(4-17), 5-24-2005]
A.
Any person found guilty of violating Sections 210.310 or 210.320 shall be guilty of a misdemeanor and upon conviction shall be punished:
1.
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.
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.
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.
