City of Ste. Genevieve, MO Generally

Any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals.

[1]

Cross Reference — Definitions and rules of construction generally, §100.110.

Section 205.020 Animal Control Officer — Enforcement — Right of Entry. [1]

[CC 1985 §4-2; Comp. Ords. §5.01(5)(C), (6), (11), (13)]

The City Administrator shall appoint some suitable person as Animal Control Officer for the City. It shall be the duty of the Animal Control Officer and all Police Officers of the City to enforce the provisions of this Chapter.

Police Officers or the Animal Control Officer are authorized and empowered to enter private property to enforce the provisions of this Chapter, providing the owner thereof does not notify such Police Officers or Animal Control Officer that they may not enter during the time such persons are actively engaged in the pursuit of such animal.

[1]

Cross Reference — Officers generally, ch. 115.

Section 205.030 Animal Neglect or Abandonment.

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.

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.

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.

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:

The care and maintenance of neglected or abandoned animals within the person's custody or ownership;

The disposal of any dead or diseased animals within the person's custody or ownership;

The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and

The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

Section 205.040 Animal Abuse. [1]

A person is guilty of animal abuse when a person:

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.;

Purposely or intentionally causes injury or suffering to an animal; or

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.

Section 205.050 Responsibility of Parent or Guardian of Minor Owning.

The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in the control of, or harbored by that minor child.

Section 205.060 Knowingly Releasing An Animal.

A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.

As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.

The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.

Section 205.070 Presence of Animal Carcasses Prohibited.

[CC 1985 §4-5; Comp. Ords. §14.01]

It shall be unlawful for any person to permit to remain upon or in any street, alley, lane or highway or upon any ground within this City the carcass of any dead animal whatsoever.

It shall be the duty of the owner of any dead animal to remove or cause to be removed within the City limits, at his/her own expense, all or any remains of such animal as would be liable to become a nuisance within twelve (12) hours of the death of such animal.

Section 205.075 Animals Other Than Dogs Or Cats.

[Ord. No. 4426, 8-25-2022]

No person shall own, keep, harbor or have in his/her possession any animal considered livestock or poultry except as allowed in zoning ordinance or by Section 205.200, or any animal which a reasonable person would find offensive or disturbing.

Section 205.080 Running At Large Prohibited. [1]

[CC 1985 §4-36; Comp. Ords. §5.01(2); Ord. No. 2643 §1, 4-23-1992]

It is unlawful for any person having the care or control of a dog or cat to allow such dog or cat to run at large within the City. No dog shall be allowed to roam upon the streets or sidewalks of the City unless the dog is securely fastened to a leash and the leash held by some person at all times.

[1]

Cross Reference — Streets, sidewalks and other public places, ch. 520.

Section 205.085 Dangerous Animals.

[Ord. No. 3981 §1, 6-25-2015]

Definitions. As used in this Section, the following terms shall have the meanings indicated:

[Ord. No. 4068 § 2, 10-27-2016]

DANGEROUS ANIMAL

Any animal that, according to the records of the City, has:

Inflicted severe injury on a human being without provocation or command on public or private property;

Killed a domestic animal without provocation or command while outside the boundaries of the owner's property;

Been previously found to be a "potentially dangerous animal" as that term is defined in this Section, the owner having received notice of such and the animal again aggressively bites, attacks or endangers the safety of humans or domestic animals.

POTENTIALLY DANGEROUS ANIMAL

Any animal that when unprovoked:

Behaves aggressively toward a human or domestic animal either on public or private property without being directed by its handler;

Chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attack or any animal that possesses a propensity, tendency or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals.

PROPER ENCLOSURE OF A DANGEROUS ANIMAL

While on the owner's property, a dangerous animal shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such 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 that is attached to the sides of the pen and made of a solid material (such as concrete) through which the animal cannot dig or burrow. The pen shall be locked with a key or combination lock when such animals are within the structure. Such pen shall also provide protection from the elements for the animal. Any such pen must comply with all applicable zoning and building regulations.

Declaration, Registration, Enclosures, Liability Insurance Or Bonding Requirement To Spay Or Neuter And Microchip, Confiscation And Destruction.

Any animal that bites, attacks or injures a person or other domesticated animal, or displays high degrees of aggressive behavior as witnessed by a City Official, Police Officer or Animal Control Officer, may be declared potentially dangerous or dangerous animals by the City.

The City Administrator shall have the authority to issue a potentially dangerous animal declaration or dangerous animal declaration to the owner of any animal found to meet those respective criteria as established by this Section for a dangerous animal or potentially dangerous animal and shall establish and maintain a Potentially Dangerous Animal Registry and the Dangerous Animal Registry.

Potentially dangerous animal declaration. When conditions, as defined in this Section, exist sufficient to warrant an animal to be declared potentially dangerous, the City Administrator shall present to the owner, harborer or keeper of said animal a written declaration of having determined the animal to be potentially dangerous. Said declaration shall inform the owner, harborer or keeper of said animal of the conditions that have contributed to the animal being declared potentially dangerous; shall inform the owner, harborer or keeper of said animal that any future violation of this Section will result in the animal immediately being declared a dangerous animal as defined in this Section; and shall enumerate the conditions with which the owner, harborer or keeper shall thereafter comply to retain possession of the animal. The City Administrator shall cause the animal to be listed on the Potentially Dangerous Animal Registry.

Dangerous animal declaration. When conditions, as defined in this Section, exist sufficient to warrant an animal to be declared dangerous, the City Administrator shall present to the owner, harborer or keeper of said animal a written declaration of having determined the animal to be a dangerous animal. Said declaration shall inform the owner, harborer or keeper of said animal with the conditions that have contributed to the animal being declared dangerous, and shall enumerate the conditions with which the owner, harborer or keeper shall comply to retain possession of the animal; and shall inform the owner, harborer or keeper of the dangerous animal that failure to comply with the ownership criteria pursuant to this Section will result in the immediate forfeiture of the animal. The City Administrator shall list the animal on the Dangerous Animal Registry. The City Administrator's declaration of a dangerous animal may be appealed to the Board of Aldermen at a public hearing held for this purpose. Such hearing shall occur as soon as practicable after the appeal request is received.

Criteria for possession of an animal declared dangerous. The owner, harborer or keeper of an animal determined to be a dangerous animal may retain possession of said animal provided the owner presents sufficient evidence of the following:

The animal will be kenneled inside the residence of the owner, harborer or keeper or be in a proper enclosure of a dangerous animal, as defined in this Chapter, and the posting of a notice 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 ANIMAL — BEWARE." In addition, each such notice shall conspicuously display a warning symbol that informs those who cannot read of the presence of a dangerous animal.

Proof of a policy of liability insurance in the amount and form set out below:

(1)

A policy of liability insurance, such as homeowners insurance, issued by an 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 dangerous animal.

(2)

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 dangerous animal.

(3)

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. The owner, harborer or keeper must maintain an effective and unexpired surety bond or insurance policy with the coverage and in the amounts specified in this Section at all times.

Proof that the animal has been issued a current City license, been vaccinated against rabies, spayed or neutered and micro-chipped or tattooed for identification.

In addition, the owner shall provide the City with the following information before the issuance of a certificate of registration:

(1)

Name and address of owner;

(2)

Animal's name;

(3)

Photograph of animal;

(4)

Location where animal is to be enclosed;

(5)

Veterinarian's name;

(6)

Animal's immunization number.

In case a minor is the keeper of the animal, the duties imposed by this Section shall be the responsibility of the adult person in whose family the minor lives or who is in charge of the premises where such animal is kept.

The fee for the registration of dangerous animals shall be established by the Board of Aldermen and shall equal the estimated costs of administering the provisions of this Section with respect to dangerous animals.

It is unlawful to permit or allow a dangerous animal to be outside the proper enclosure unless the animal is muzzled and restrained by a substantial chain or leash not longer than four (4) feet and under physical restraint of a responsible person who is capable of controlling the animal. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal. Such animals shall not be tethered or leashed to inanimate objects such as trees, posts or buildings.

Animals shall not be declared dangerous if the 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 of the animal or was tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have tormented, abused or assaulted the animal or was committing or attempting to commit a crime. This Section shall not apply to dogs used by law enforcement officials for police work.

Any dangerous animal shall be immediately confiscated by a Police Officer or the Animal Control Officer if the:

Animal is not validly registered under this Section;

Owner, harborer or keeper does not secure and maintain the bond or liability insurance coverage required by this Section;

Animal is not maintained in the proper enclosure; or

Animal is outside of the dwelling of the owner, harborer, or keeper or outside of the proper enclosure and not muzzled or under physical restraint of the responsible person.

Upon any attack or assault by a dangerous animal, the City Administrator, his/her designee, a Police Officer or the Animal Control Officer is hereby empowered to confiscate and destroy the dangerous animal.

Upon any aggressive attack or assault by any animal causing the severe injury or death of any human, the City Administrator or his/her designee is hereby empowered to confiscate and destroy the animal.

Section 205.090 License Required.

[CC 1985 §4-37; Comp. Ords. §5.01(3); Ord. No. 3527 §1, 1-25-2007]

No dog or cat owner shall keep any dog or cat within the City after the first (1st) day of May of each year, unless a license therefor has first been secured.

Licenses shall be issued by the City Clerk for a fee of five dollars ($5.00) for each neutered male or spayed female dog, eight dollars ($8.00) for each unaltered dog and free of charge for each cat.

Applications for licenses under this Section shall be accompanied by a certificate from a qualified veterinarian showing that the dog or cat to be licensed has been given a vaccination against rabies in compliance with Section 205.100.

An application for a license for an altered male or female dog shall present a statement from a qualified veterinarian indicating that the dog has been spayed and giving the date of the operation.

Licenses under this Section shall expire on the thirtieth (30th) day of April next following the issuance thereof.

Section 205.100 Vaccination.

[CC 1985 §4-38; Comp. Ords. §5.01(4)]

No license shall be granted for a dog or cat which has not been vaccinated against rabies during the ninety (90) day period preceding the making of an application for such license, except that when a dog or cat is first licensed for an entire year, the license may be issued if the dog or cat has been vaccinated within a period of six (6) months preceding the application for the license. Vaccination shall be performed only by a doctor qualified to practice veterinarian medicine in the State which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in the City shall complete in duplicate a certificate of vaccination. One (1) copy shall be issued to the owner for affixing to the license application and one (1) copy shall be retained in the veterinarian's office.

Section 205.110 Receipts — Tags.

[CC 1985 §4-39; Comp. Ords. §5.01(5)(A), (B), (D)]

Upon payment of the license fee provided in Section 205.090, if required, the City Clerk shall execute a receipt in duplicate. He/she shall deliver the original receipt to the person who pays the fee and shall retain the duplicate. He/she shall also procure a sufficient number of suitable metallic tags the shape of which shall be different for each license year and he/she shall deliver one (1) appropriate tag to the owner of the dog or cat when the fee is paid.

The owner of every dog or cat shall cause a tag to be attached by a permanent metal fastener to the collar of the dog or cat so licensed in such a manner that the tag may be seen by the animal control or Police Officers of the City. The owner shall see that the tag is constantly worn by such dog or cat.

In case any 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 one dollar ($1.00) shall be made for each such duplicate tag. Tags are not transferable. No refund shall be made on any license fee because of leaving the City or of a death before the expiration of the license period.

Section 205.120 Impoundment.

[CC 1985 §4-40; Comp. Ords. §5.01(5)(C),(6); Ord. No. 2643 §2, 4-23-1992]

All Police Officers of the City and the Animal Control Officer shall take up and impound, in a suitable place to be designated by the City Administrator, any and all dogs and cats found running at large as provided in Section 205.080 and any and all dogs and cats found in the City without the tag required in Section 205.110. It shall be the duty of such Police Officers or Animal Control Officer to destroy any dog or cat acting in such manner as to be dangerous to the public or which cannot be safely taken up and impounded without endangering the life or limb of the officer attempting to capture and impound the same.

Section 205.130 Redemption — Adoption.

[CC 1985 §4-41; Comp. Ords. §5.01(7); Ord. No. 3527 §2, 1-25-2007; Ord. No. 4068 §3, 10-27-2016]

Any cat impounded as provided in Section 205.120 may be redeemed by its owner or the custodian by paying and receiving a receipt from the City Clerk for a sum of money in accordance with the following schedule:

For taking up and impounding such cat: first occurrence - ten dollars ($10.00); second occurrence - twenty dollars ($20.00); third occurrence - thirty dollars ($30.00); fourth occurrence and each occurrence thereafter - forty dollars ($40.00).

Feeding and caring for such a cat, four dollars ($4.00) per day.

The owner of any dog impounded as provided in Section 205.120 will receive a citation for violation of this Chapter. The owner must appear in municipal court on the date set in the citation. Following a presentation of the case by the Prosecuting Attorney for the City, the Municipal Judge will rule on the case. If the owner is found guilty of violating this Chapter the Judge shall assess fines in accordance with the following schedule:

First occurrence - from one hundred dollars ($100.00) to five hundred dollars ($500.00); Second occurrence - from two hundred dollars ($200.00) to five hundred dollars ($500.00); Third occurrence and each occurrence thereafter - from three hundred dollars ($300.00) to five hundred dollars ($500.00).

Feeding and caring for such dog, four dollars ($4.00) per day.

Any dog impounded as provided in Section 205.120 will remain impounded until the case has been resolved by the Prosecuting Attorney or the Municipal Court Judge and the fine paid. In addition, if the case involves a dangerous dog, the dog will remain impounded until the owner agrees to surrender the dog, to remove the dog from the incorporated limits of the City or to maintain the dog in accordance with the provisions of the City ordinances.

If any impounded dog or cat is not redeemed by its owner or custodian thereof within one (1) week after the date of taking up and impounding the same, any person may adopt such dog or cat by paying the fees set forth in Subsection (A). The City Clerk shall post a notice in the City Hall of all dogs and cats impounded, giving a general description thereof and the date impounded, which shall be open to inspection of the public; provided, however, that such notice shall not be posted any more than three (3) days specified for holding such dog or cat. Upon the payment of the fees aforesaid to the City Clerk, the Clerk shall authorize the release of such dog or cat from impoundment.

Section 205.140 Disposition of Unclaimed Dogs and Cats.

[CC 1985 §4-42; Comp. Ords. §5.01(10)]

Each dog or cat impounded under the provisions of this Article shall be held for a period of one (1) week unless sooner released in a manner provided by Section 205.130. When any dog or cat is impounded and not redeemed, it shall be disposed of according to humane procedures approved by the Board of Aldermen.