Editor's Note — Ord. no. 03-2008, adopted February 11,
2008, repealed ch. 210 and enacted new provisions set out herein.
Former ch. 210 derived from Code 1968 §§4-1 — 4-9,
4-11 — 4-14, 4-16 — 4-17; CC 1988 §§4-3, 4-5
— 4-6, 4-26 — 4-38; ord. no. 6484A, 7-8-1996; ord. no.
6485A §4-34, 7-8-1996; ord. no. 6507, 11-12-1996; ord. no. 6589
§§1 — 5, 8-9-99; ord. no. 6590 §1, 8-9-1999;
ord. no. 6591 §§1 — 5, 8-9-1999; ord. no. 6645 §1,
3-11-2002; ord. no. 6665, 10-14-2002; ord. no. 6668 §1, 11-12-2002;
ord. no. 24-2004, 8-9-2004; ord. no. 03-2005, 3-14-2005.
[R.O. 2008 §210.010; Ord. No. 03-2008, 2-11-2008; Ord. No.
26-2016 § 1, 6-20-2016; Ord. No. 32-2016, 9-20-2016]
As used in this Chapter, the following terms shall have these
prescribed meanings:
To forsake entirely, neglect, or refuse to provide or perform
the legal obligations for care and support of an animal.
[Ord. No. 10-2022, 5-23-2022]
A reasonably sufficient restraint on an animal so as to prevent
that animal from harm or to prevent that animal from causing harm
to the general public or property.
Any legally authorized domestic pet, farm or work animal as permitted by this Chapter and Chapter 405, Zoning Code of Louisiana.
Any commercial operation and/or facility purposely designed
to provide cover or protection for birds against injury, danger or
discomfort.
Any unowned, free-roaming cat living in an outdoor environment
forming part of a cat colony.
[Ord. No. 10-2022, 5-23-2022]
A person who, in accordance with and pursuant to a Community
Cat Management Program, provides volunteer care, including food, temporary
shelter, or medical care, to a community cat, while not being considered
the owner, custodian, controller, harborer, or keeper of a community
cat.
[Ord. No. 03-2022, 2-28-2022; Ord. No. 10-2022, 5-23-2022]
A group of community cats that congregate, more or less,
together as a unit and share a common food source.
[1]
[Ord. No. 10-2022, 5-23-2022]
Any individual purchasing an animal.
The removal of a one-quarter-inch tip of a community cat's
ear, performed while the cat is under anesthesia, in compliance with
any applicable Federal or State law, under the supervision of a licensed
veterinarian, designed to identify the community cat as being sterilized
and lawfully vaccinated for rabies.
An unowned animal that has returned to an untamed state not
socialized to human contact and which is no longer considered domesticated.
[Ord. No. 10-2022, 5-23-2022]
Any type or kind of bird.
Purposefully providing food or shelter to any domestic animal.
Any facility purposely designed to provide cover or protection
for animals against injury, danger or discomfort.
Any facility purposely designed or used for the care, keeping,
confining or breeding of animals.
An individual or firm or partnership or corporation or any
combination thereof.
Any person, firm, partnership, corporation or other association
which engages in the sale of any animals to the consuming public for
any purpose at any time. (Such definition shall further include duly
incorporated humane shelters or societies dedicated to the care of
unwanted animals which make such animals available for adoption whether
or not a fee for such adoption is charged.)
To hold in segregation from the general population any animal
because of the presence or suspected presence of a contagious or infectious
disease.
Any animal not on the property of such animal's owner without
some sort of verbal or physical restraint.
The process of humanely trapping, sterilizing, vaccinating
for rabies, ear tipping, and returning community cats to the trapping
location.
A licensed veterinarian.
[1]
Editor's Note: Former definition of Community Cat Management
Program, which immediately followed, was repealed 8-14-2023 by Ord.
No. 07-2023. Prior history includes: Ord. No. 10-2022.
[R.O. 2008 §210.020; Ord. No. 03-2008, 2-11-2008; Ord. No.
33-2016, 9-20-2016]
[Ord. No. 34-2016, 9-20-2016]
All provisions of State Statute Section 578.011, RSMo., Animal Trespass — Penalty, are hereby adopted as municipal ordinance, and violations of which shall be punishable in accordance with Section 100.170 of the Municipal Code.
[R.O. 2008 §210.030; Ord. No. 03-2008, 2-11-2008; Ord. No.
35-2016, 9-20-2016]
All provisions of State Statute Section 578.012, RSMo., Animal abuse — penalties, are hereby adopted as municipal ordinance, and violations of which shall be punishable in accordance with Section 100.170 of the Municipal Code.
[R.O. 2008 §210.040; Ord. No. 03-2008, 2-11-2008; Ord. No.
04-2011 §1, 4-11-2011; Ord. No. 36-2016, 9-20-2016; Ord. No. 28-2021, 10-25-2021]
A.
Any person, owner, keeper, firm, partnership or corporation who purposely lets out, turns out, sets free, or in any way permits any animal under its control to run at large, uncontrolled and unobstructed within the corporate limits of the City of Louisiana for any purpose shall be deemed guilty of an ordinance violation, and may be punished as provided in Section 100.170 of the City Code.
B.
It
is hereby made the duty of the City's Animal Control Officer or his/her
designee, on his/her own view or when notified by any other person,
that any such animal is running at large, to restrain such animal
forthwith, and such Animal Control Officer or his/her designee shall
within three (3) days give notice thereof to the owner, if known,
stating therein that such animal has been impounded and whether or
not such animal has caused any damage or harm to any person, property
or thing.
C.
It
shall be an affirmative defense to any prosecution under this Section
if the animal escapes the keeper's custody by way of any accident
on a public road or highway, or as a result of no fault or negligence
of the owner, keeper, person, firm, partnership or corporation, provided,
however, that such owner, keeper, person, firm, partnership or corporation
shall be held financially liable for any damage or harm to any person,
property or thing caused by said animal.
D.
Habitual Offender.
1.
A "habitual offender" is anyone who has two (2) prior convictions
for letting an animal run at large for events occurring at two (2)
separate times within a ten-year period.
2.
Any such owner, keeper, person, firm, partnership or corporation
who habitually violates the provision of this Section may, at the
discretion of the Animal Control Officer or his/her designee, also
be charged with animal neglect or abandonment and/or animal abuse
and upon conviction be punished as provided herein.
3.
Penalty. As a condition to any probation, the defendant shall
be ordered to pay restitution in an amount to be determined by the
Municipal Court to any victim for any property damage or injury to
any person. Any person convicted as a habitual offender shall may
be sentenced to at least forty-eight (48) hours in the City jail,
and such jail sentence may only be suspended if the animal in question
is permanently and effectively removed from the defendant's control,
or right to control.
E.
This Section shall not apply to community cats.
[Ord. No. 37-2016, 9-20-2016]
The parent or guardian of a minor child is responsible for compliance with all provisions of Chapter 210 for any animal owned by, in the control of, or harbored by that minor child.
[R.O. 2008 §210.050; Ord. No. 03-2008, 2-11-2008; Ord. No.
35-2015 §1, 9-14-2015]
A.
It shall be unlawful to keep or harbor horses, cattle, swine, goats, sheep, turkey, guinea fowl, geese or any livestock or fowl other than hen chickens in any lot or enclosure in the City of Louisiana, except in agricultural zones as provided in Chapter 405, Zoning Regulations, and any person, firm or corporation owning or occupying any such tract of land who shall be convicted of permitting the maintenance of such unlawful act shall be declared guilty of an ordinance violation. In addition to any remedial provisions required by the City, any person, firm or corporation owning or occupying any such tract of land who shall be convicted of permitting the maintenance of such nuisance shall be declared guilty of an ordinance violation and may be punished as provided in Section 100.170 of the City Code.
[Ord. No. 24-2017, 10-23-2017; Ord. No. 01-2022, 2-28-2022]
B.
Keeping of five (5) or less hen chicken(s) allowed for by annual
permit.
1.
A chicken permit must be obtained annually from the City Clerk.
Any violation of the listed regulations for keeping chicken(s) may
result in revocation of the chicken permit and no future permit(s)
issued.
a.
Chicken permit fees shall be ten dollars ($10.00) per chicken
annually, and may by modified by City Council.
b.
Plans or drawings of proposed chicken enclosures, chicken tractors,
pens, or hen houses along with a non-refundable inspection fee of
twenty-five dollars ($25.00) shall be submitted along with the permit
application.
c.
Chicken enclosure locations, including all chicken tractors,
hen houses, pens, etc., must be inspected and approved prior to issuance
of a permit.
d.
The permit holder is responsible for timely renewal of the permit;
no notifications will be sent upon expiration. Expired permits will
require a new inspection and remittance of inspection fee if 30 days
or more past expiration date.
e.
Anyone keeping or harboring chickens in violation of this section shall be subject to penalties as set out in Section 210.050(A).
f.
Pens, chicken tractors, enclosures, and hen houses are subject
to inspection by any enforcement officer or inspection authority of
the City of Louisiana at any time.
2.
The maximum number of chickens allowed is five (5) per tract
of land regardless of how many dwelling units are on the tract.
3.
Only female chickens shall be allowed. There shall be no restriction
on chicken breeds.
4.
It shall be unlawful to engage in chicken breeding or fertilizer
production for commercial purposes.
5.
Slaughter may occur for personal use provided it is conducted
in a sanitary manner, does not generate noise that creates a nuisance,
and is not visible from adjacent properties or any public area right-of-way.
6.
Chickens shall be kept in a secured enclosure or fenced area
at all times. Chickens shall be secured within a henhouse or chicken
tractor during non-daylight hours.
7.
Enclosures shall be kept in a clean, dry, odor-free, neat and
sanitary condition at all times.
8.
Henhouses, pens, and chicken tractors shall provide adequate
ventilation and adequate sun and shade and shall be impermeable to
rodents, wild birds and predators, including dogs and cats.
9.
Henhouses and chicken tractors shall be designed to provide
safe and healthy living conditions for the chickens while minimizing
adverse impacts to other residents in the neighborhood.
a.
A henhouse or chicken tractor shall be enclosed on all sides
and shall have a roof and doors. Access doors shall be able to be
shut and locked at night. Openings, windows and vents shall be covered
with predator- and bird-proof wire of less than one-inch openings.
b.
Henhouses, chicken tractors and chicken pens shall not be located
to the defined front of the property.
c.
Henhouses, chicken tractors and chicken pens shall be located
at least ten (10) feet from the property line and at least twenty-five
(25) feet from any adjacent residential dwelling, church, school or
place of business.
d.
Henhouses, chicken tractors and chicken pens shall not be located
on slope areas equal to or greater than 10% or areas that normally
drain onto the non-owner property adjacent.
10.
Any enclosed chicken pen shall consist of sturdy wire or wood
fencing. The pen shall be covered with wire, aviary netting or solid
roofing.
11.
Odors from chickens, chicken manure or other chicken-related
substances shall not be detectable at the property boundaries.
12.
All uses shall operate in accordance with City noise standards.
13.
The chicken owner shall take necessary action to reduce the
attraction of predators and rodents and the potential infestation
of insects and parasites. Chickens found to be infested with insects
and parasites that may result in unhealthy conditions to human habitation
may be removed by the Animal Control Officer.
14.
The chicken owner shall provide chickens access to feed and
clean water at all times. The feed and water shall be unavailable
to rodents, wild birds and predators.
15.
The chicken owner shall provide for the storage and removal
of chicken manure. All stored manure shall be covered by a fully enclosed
structure with a roof or lid over the entire structure. No more than
three (3) cubic feet of manure shall be stored. All other manure not
used for composting or fertilizing shall be removed. The henhouse,
chicken tractor, chicken pen and surrounding area shall be kept free
from trash and accumulated droppings.
16.
No dog or cat which kills a chicken shall, for that reason alone,
be considered a dangerous or aggressive animal.
17.
It shall be unlawful for any person to keep chickens in violation
of any provision of this article.
18.
It shall be unlawful for any owner of property to allow chickens
to be kept on the property in violation of the provisions of this
article.
19.
Any violation of this article that constitutes a health hazard
or interferes with the use or enjoyment of neighboring property is
a nuisance and may be abated under the general nuisance abatement
provisions of the City.
20.
Each day that a violation of this article continues is a separate
offense.
21.
All other applicable City codes shall apply.
C.
Any
Potbellied pigs presently residing in the City of Louisiana and current
on their required registration within thirty (30) days of the passing
of this ordinance shall be able to remain within City limits to the
end of their lives so long as they remain properly registered and
vaccinated.
[Ord. No. 24-2017, 10-23-2017; Ord. No. 01-2022, 2-28-2022]
[R.O. 2008 §210.060; Ord. No. 03-2008, 2-11-2008; Ord. No.
10-2009 §§1 — 2, 6-8-2009; Ord. No. 54-2016, 12-12-2016]
A.
Definitions Of Dangerous Animals. For the purposes
of this Section, a "dangerous animal" shall be any animal with any
of the following characteristics:
[Ord. No. 28-2021, 10-25-2021]
1.
Any animal which has inflicted severe or fatal injury on a human
being. "Severe injury" means any physical injury which results in
broken bones or lacerations requiring stitches or in-patient hospitalization;
2.
Any animal which has maimed, attacked or killed a domestic animal,
livestock or poultry without provocation while outside the owner's
property;
3.
Any animal owned or harbored primarily or in part for the purpose
of animal fighting or any animal trained for fighting;
4.
Any animal which, while on public or private property to include
the property of the owner, has bitten, without provocation, a human
being other than the owner or a member of the owner's family who normally
resides at the place where the animal is kept;
5.
Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public grounds or private property,
other than the property of the owner, in a menacing fashion or an
apparent attitude of attack, regardless of whether a person is injured
by said animal.
B.
Procedure For Declaring A Dangerous Animal.
1.
Should a complaint be made to the Animal Control Officer or a Police Officer by an offended party alleging any of the circumstances as set forth in Subsection (A) hereof, the Animal Control Officer or Police Officer shall prepare a report and issue a notice to the owner or possessor of said animal that proceedings will be initiated to declare the animal dangerous. The Animal Control Officer or Police Officer will advise the owner or possessor of said animal that, unless said owner or possessor appears, the Court's action may include destruction of the subject animal.
[Ord. No. 28-2021, 10-25-2021]
2.
If the Animal Control Officer or Police Officer has probable
cause to believe that the animal in question is a dangerous animal
within the meaning of this Section, the Animal Control Officer or
Police Chief may then take possession of the animal, or order that
the animal be taken into possession, and put in the City Pound. At
the discretion of the Animal Control Officer or the Police Officer,
the animal may be removed from City limits if this is likely to remove
the danger to the public. When an animal is taken into custody by
the City, the City will take proper care of the animal but assumes
no liability nor will there be a daily fee to hold such animal.
[Ord. No. 17-2021, 6-28-2021; Ord. No. 28-2021, 10-25-2021]
3.
The Municipal Court shall determine whether the animal in question
is dangerous within the meaning of this Section after hearing testimony
of witnesses.
4.
Should a hearing be held by the Municipal Court and the Court
determines that the animal is a dangerous animal, then the animal
and its owner/possessor shall be subject to the provisions of this
Section, and the Court shall make such orders as will effectuate the
terms of this Section.
5.
Any animal found not a dangerous animal by the Municipal Judge
may be returned to the City limits upon such determination if said
animal was removed prior to the hearing.
[Ord. No. 17-2021, 6-28-2021]
C.
Action To Be Taken For Dangerous Animals.
1.
An animal responsible for an unprovoked severe or fatal injury
shall be destroyed.
2.
In all other cases, a dangerous animal shall be removed from
the City and shall not be permitted to be harbored, kept or possessed
within the City limits of Louisiana, Missouri, unless the owner of
such animal satisfies all of the requirements of this Section.
D.
Owner's Responsibilities. The owner of a dangerous
animal that desires to maintain the animal within the City limits
of Louisiana, Missouri, rather than remove the animal from the City
shall:
1.
Annually register said animal with the City Clerk by paying
a license fee of one hundred dollars ($100.00);
2.
Provide to the City Clerk during registration two (2) color
photographs of the animal showing left and right profiles;
3.
Cause said animal to wear at all times a bright orange collar
with a license registration tag attached to it so that it can be readily
identified as a dangerous animal;
4.
Confine such animal upon the owner's premises either indoors
or in a securely enclosed and locked pen suitable to prevent the entry
of young children and designed to prevent the animal from escaping.
Any such pen must be approved, in writing, by the Chief of Police
or his/her designee and must be appropriate to the size of the animal
and must have secure sides and a secure top. If the pen has no bottom
that is secured to the sides, the sides must be embedded into the
ground no less than twelve (12) inches. The enclosure, when occupied
by the dangerous animal, must not be occupied by any other animal.
When the dangerous animal is female and has a litter of young which
are under three (3) months of age, the young may occupy the same enclosure
as the mother;
[Ord. No. 02-2022, 2-28-2022]
5.
Display a sign upon his/her premises stating that there is a
dangerous animal on the property. The sign shall be visible and capable
of being read from the public street that abuts the property; and
6.
Provide at registration to the City Clerk proof of liability
insurance coverage in an amount of at least one hundred thousand dollars
($100,000.00) covering any loss or injury caused by the animal that
has been designated a dangerous animal. The insurance policy shall
require a notice to be sent to the City Clerk should the policy be
canceled, terminated or expired.
E.
Penalty For Non-Compliance.
1.
It shall be unlawful for a person to keep a dangerous animal
within the City limits of Louisiana, Missouri, and fail to comply
with the provisions of this Section. Persons found guilty of violating
the provisions of this Section shall be subject to a fine not to exceed
five hundred dollars ($500.00) or a jail sentence not to exceed thirty
(30) days or both such fine and confinement.
2.
Any animal found to be a dangerous animal and kept in the City
of Louisiana, Missouri, in violation of the provisions of this Section
shall be seized and impounded until the owner thereof complies with
the provisions of this Section. If the owner fails to comply with
the provisions of this Section within ten (10) days of the seizure
of the animal, the animal shall be destroyed.
[R.O. 2008 §210.070; Ord. No. 03-2008, 2-11-2008]
Every animal owner or keeper is responsible for the actions
of such animal and for any damage it may do to any person, property
or thing.
[1]
Editor's Note: Former Section 210.080, Disposition of Dead
Animals, was repealed 10-23-2017 by Ord. No. 23-2017.
[R.O. 2008 §210.090; Ord. No. 03-2008, 2-11-2008; Ord. No.
01-2011 §1, 1-10-2011]
A.
A person
commits the offense of allowing prohibited animals on public property,
private property belonging to others, the City Cemetery or City Parks
if:
1.
Being the owner, keeper or possessor of any dog, cat or other domestic
animal, he/she allows such animal to enter or remain in/on public
property, private property belonging to others, the City Cemetery
or any City Park of the City of Louisiana without such animal being
under restraint or on leash; and/or
2.
Such owner, keeper or possessor as aforesaid in Subsection (1) of this Section shall be required to have on his/her person a device to retrieve, cover, store and dispose of such domestic animal's solid waste and such owner, keeper or possessor further shall be required to retrieve, cover, store and dispose of such waste if excreted by such animal immediately upon excretion while within the confines of a park of the City of Louisiana, the City Cemetery, public property or the private property of others.
3.
Any person guilty of violating this offense shall be held to the
standard of strict liability whereby knowledge as to the presence
of the animal in such cemetery, park, public property or private property
of others is not a necessary element to this offense.
4.
Any person deemed guilty of violating this Section shall be guilty
of an ordinance violation and shall be punished by a fine not less
than one hundred dollars ($100.00) and not more than one hundred fifty
dollars ($150.00).
5.
This Section specifically excludes the presence of any animal used
to assist a handicapped person in his/her daily activities, to include,
but not be limited to, dogs used to assist the blind.
[R.O. 2008 §210.100; Ord. No. 03-2008, 2-11-2008]
Any person, firm, partnership or corporation keeping or harboring
any dog or cat shall be deemed the owner thereof and responsible for
such dog's or cat's actions.
[1]
Editor’s Note: Former Section 210.105, Maximum Number
Of Dogs And Cats Kept At Any Single Residence Or Business, adopted
and/or amended 6-13-2011 by Ord. No. 12-2011 § 1, was repealed
6-20-2016 by Ord. No. 27-2016 § 1.
[R.O. 2008 §210.110; Ord. No. 03-2008, 2-11-2008]
A.
It shall be an unlawful act for any owner or keeper of any animal within the corporate limits of the City of Louisiana who fails to provide the herein described minimum standards of animal care. In addition to the remedial provisions set forth in this Chapter, anyone convicted of a violation of this Section shall be deemed guilty of an ordinance violation, and may be punished as provided in Section 100.170 of the City Code.
[Ord. No. 28-2021, 10-25-2021]
B.
Minimum Standards Of Animal Care. The owners of animals,
kennels, pet shops, humane shelters, aviaries and animal dealers shall
comply with the following minimum standards of care for every animal
owned or in their custody or possession.
1.
Housing.
a.
Animals shall be housed in primary enclosures, pens or cages, appropriate
to the species, which shall be constructed so as to be structurally
sound. Such enclosures shall be maintained in good repair to contain
the animal housed inside and protect it from injury. Surfaces shall
have an impervious surface so as not to permit the absorption of fluids
and which can be thoroughly and repeatedly cleaned and disinfected
without retaining odors.
(1)
The primary dwelling of the owner shall be considered the primary
enclosure for any privately owned house pets.
b.
Primary enclosures, pens or cages housing the animals shall provide
sufficient space to allow each animal adequate freedom of movement
to make normal postural adjustments, including the ability to stand
up, turn around and lie down with its limbs outstretched. If the flooring
is constructed of metal strands, such strands must either be greater
than one-eighth (1/8) inch in diameter (nine (9) gauge wire) or shall
be coated with a material such as plastic or fiberglass and shall
be constructed so as not to allow passage of the animal's feet through
any opening in the floor of the enclosure. Such flooring shall not
sag or bend substantially between structural supports.
c.
Housing facilities shall be adequately ventilated at all times to
provide for the health and well-being of the animal. Ventilation shall
be provided by natural or mechanical means such as windows, vents,
fans or air conditioners. Ventilation shall be established to minimize
drafts, odors and moisture condensation.
d.
The temperature surrounding the animal shall be compatible with the
health and well-being of the animal. Temperature shall be regulated
by heating and cooling to sufficiently protect each animal from extremes
of temperature and shall not be permitted to fall below or rise above
ranges which would pose a health hazard to the animal. This shall
include supplying shade from sunlight by natural or artificial means.
e.
The indoor facilities housing the animals shall be provided with
adequate lighting sufficient to permit routine inspection and cleaning
and be arranged so that each animal is protected from excessive illumination
which poses a health hazard to the animal.
f.
The indoor and outdoor facilities housing the animals, including
the primary enclosure or cage, shall be designed to allow for the
efficient elimination of animal waste and water in order to keep the
animals dry and prevent the animal from coming into contact with these
substances. If drains are used, they shall be constructed in a manner
to minimize foul odors and back-up of sewage. If a drainage system
is used, it shall comply with Federal, State and local laws relating
to pollution control.
g.
In the event that a pet dealer has a pregnant or nursing animal on
his/her premises, the pet dealer shall provide a birthing box for
such animal.
C.
Sanitation. Housing facilities, including primary enclosures
and cages, shall be kept in a clean condition in order to maintain
a healthy environment for the animal. This shall include removing
and destroying any agents injurious to the behalf of the animal and
periodic cleanings. The primary enclosure or cage shall be constructed
so as to eliminate excess water, excretions and waste material. Under
no circumstances shall the animal remain inside the primary enclosure
or cage while it is being cleaned with sterilizing agents or agents
toxic to animals or cleaned in a manner likely to threaten the health
and safety of the animal. Trash and waste products on the premises
shall be properly contained and disposed of so as to minimize the
risks of disease, contamination and vermin.
D.
Feeding And Watering.
1.
Animals shall be provided with wholesome and palatable food, free
from contamination and of nutritional value sufficient to maintain
each animal in good health.
2.
Animals shall be adequately fed at intervals not to exceed twelve
(12) hours or at least twice in any twenty-four (24) hour period in
quantities appropriate for the animal species and age, unless determined
otherwise by and under the direction of a duly licensed veterinarian.
3.
Food receptacles shall be provided in sufficient number, of adequate
size and so located as to enable each animal in the primary enclosure
or cage to be supplied with an adequate amount of food.
4.
Animals shall be provided with regular access to clean, fresh water
supplied in a sanitary manner sufficient for its needs, except when
there are instructions from a duly licensed veterinarian to withhold
water for medical reasons.
E.
Handling. Each animal shall be handled in a humane manner
so as not to cause the animal physical injury or harm.
F.
Veterinary Care.
1.
All animals shall be inoculated as required by State and local law.
Veterinary care appropriate to the species shall be provided without
undue delay when necessary. Each animal shall be observed each day
by the pet dealer or by a person working under the pet dealer's supervision.
2.
Within five (5) business days of receipt, but prior to the sale of
any animal, the pet dealer shall have a duly licensed veterinarian
conduct an examination and tests appropriate to the age and breed
to determine if the animal has any medical conditions apparent at
the time of the examination that adversely affect the health of the
animal.
a.
For animals eighteen (18) months of age or older, such examination
shall include a diagnosis of any congenital conditions that adversely
affect the health of the animal. Any animal found to be afflicted
with a contagious disease shall be treated and caged separately from
healthy animals.
3.
If an animal suffers from a congenital or hereditary condition, disease
or illness which, in the professional opinion of the pet dealer's
veterinarian, requires euthanasia, the veterinarian shall humanely
euthanize such animal without undue delay.
4.
In the event an animal is returned to a pet dealer due to a congenital
or hereditary condition, illness or disease requiring veterinary care,
the pet dealer shall, without undue delay, provide the animal with
proper veterinary care.
G.
Humane Euthanasia. Humane euthanasia of an animal shall
be carried out in accordance with the requirements of this Chapter.
H.
Records Of Purchase And Sale. Each pet dealer shall keep
and maintain records for each animal purchased, acquired, held, sold
or otherwise disposed of. The records shall include the following:
1.
The name or address of the person from whom each animal was acquired.
If the person from whom the animal was obtained is a dealer licensed
by the United States Department of Agriculture, the person's name,
address and Federal dealer identification number. In the case of any
animal in the custody or possession of the pet dealer and the source
of origin is unknown, the pet dealer shall state the source of origin
as unknown, accompanied by the date, time and location of receipt.
Notwithstanding the provisions of this Subsection, no pet dealer shall
knowingly buy, sell, exhibit, transport or offer for sale, exhibition
or transportation any stolen animal. No pet dealer shall sell any
animal that is not of good health and physical condition unless the
facts and details of such health and/or physical problems are presented
to the prospective buyer in writing before the purchase of such animal,
further no pet dealer knowingly sell any cat or dog younger than eight
(8) weeks of age.
2.
The origin source of each animal if different than the person recorded in Subsection (H)(1) one of this Section.
3.
The date each animal was acquired.
4.
A description of each animal showing age, color, markings, sex, breed
and any inoculation, worming or other veterinary treatment or medication
information available. Records shall also include any other significant
identification, if known, for each animal, including any official
tag number, tattoo or implant.
5.
The name and address of the person to whom any animal is sold, given
or bartered or to whom it is otherwise transferred or delivered. The
records shall indicate the date and method of disposition.
6.
Records for each animal shall be maintained for a period of two (2)
years from the date of sale or transfer, whichever occurs later. During
normal business hours, the records shall be made available to any
person authorized by law to enforce the provisions of this Article.
a.
Records for private sales or trades between individuals shall be
kept and maintained and be made available to all authorized persons
for the specified period of liability of six (6) months.
[1]
Editor's Note: Former Section 210.115, Community Cats, was
repealed 8-14-2023 by Ord. No. 7-2023. Prior history includes: Ord.
No. 38-2016, Ord. No. 04-2022, and Ord. No. 10-2022.
[R.O. 2008 §210.120; Ord. No. 03-2008, 2-11-2008]
A.
All
persons owning, keeping, harboring or protecting a dog or cat within
the City limits shall register and license the same with the City
Clerk on or before the first (1st) day of June of each year and shall
keep, upon or around the neck of such animal, the tag which shall
be issued by the City Clerk. It shall be the owner's responsibility
to maintain in compliance with this Chapter.
[Ord. No. 30-2021, 12-22-2021]
[R.O. 2008 §210.130; Ord. No. 03-2008, 2-11-2008; Ord. No.
09-2009 §1, 6-8-2009; Ord. No. 53-2016, 12-12-2016]
A.
In order that an owner or keeper of any dog or cat may have the same
registered, the following fee shall apply and be paid to the City
Collector on or before the first day of June:
1.
A one-year license for each dog and cat which has been spayed
or neutered for the sum of five dollars ($5.00); or
2.
A one-year license for each dog and cat which has not been spayed
or neutered for the sum of thirty-five dollars ($35.00); or
3.
A three-year license for each dog and cat which has been spayed
or neutered for the sum of ten dollars ($10.00).
B.
Such license or registration shall not be issued for any dog or cat
unless such owner or keeper shall submit to the City Collector a certificate
by a licensed veterinarian that such dog or cat has been vaccinated
for rabies, and is designed to be effective for the full term for
which such license or certificate is issued. Any person or keeper
applying for a license or registration for a neutered male or spayed
female dog or cat shall first produce and show to the City Collector
a certificate from a licensed veterinarian setting forth that such
dog or cat has been neutered or spayed. Upon the payment of the above-stated
amount, the City Collector shall deliver to the owner or keeper of
such dog or cat a certificate in writing, which certificate shall
show that such person has registered such dog or cat and which shall
contain a description of the dog or cat and a number by which it has
been registered. The City Collector shall also give to such owner
or keeper a metal tag or check upon which shall be stamped the year
for which such tax has been paid and a number corresponding with the
certificate of registration.
C.
The fee specified for licensing any dog or cat which has not been
spayed or neutered shall be prorated upon or after the first of each
month as follows:
[Ord. No. 17-2022, 7-25-2022]
D.
The certificate of registration referred to in this Section shall
entitle such person to keep such dog or cat for a period of either
one (1) year or three (3) years, dependent upon registration applied
for, from the first day of July of the year of such registration and
payment.
E.
Duplicate tags or checks may be obtained from the City Collector
by the payment of the sum of one dollar ($1.00).
F.
It shall be unlawful for any person to remove or cause to be removed
from any dog or cat, without the consent of the owner or keeper of
such animal, the tag or check or other evidence of the payment of
and registration of such dog or cat.
G.
It shall be the duty of each and every owner or keeper of a dog or cat to make certain that proper identification, as stated in Section 210.130, is on such dog or cat at all times, except when such dog or cat is within the confines of the owner's or keeper's or person's home, and that home must be the place in which the owner, person or keeper of such dog or cat resides.
[R.O. 2008 §210.140; Ord. No. 03-2008, 2-11-2008; Ord. No.
39-2016, 9-20-2016]
A.
A suitable
and appropriate animal shelter, as approved by the City Council, may
be provided by the City upon a site and at a cost determined by the
City Council.
B.
The
Humane Officer shall be provided the necessary equipment and clothing
by the City required to execute the duties of his/her office. The
cost of such equipment and clothing shall be as provided by the City
Council.
C.
The
Humane Officer shall have the right to enter upon any private property
or public property within the City in order to examine or capture
any animal which such officer reasonably believes to be in violation
of this Chapter; provided however, that such officer shall not have
the right to enter any house which is in use as a residence without
first having secured a search warrant.
D.
No
person shall hinder, molest or interfere with such Humane Officer
in the performance of his/her duties.
E.
The
Mayor, with consent and approval of a majority of the members elected
to the City Council, shall have the power to appoint a qualified person
to serve as Humane Officer of the City.
F.
The Humane Officer may be appointed for a salary, to be set at the discretion of the City Council, or for a definite term, if serving in a volunteer capacity; or both. Irrespective of salary or lack thereof, the Humane Officer shall be considered an appointive officer for purposes of Chapter 115 of this Code and Chapter 77, RSMo.
G.
The
City Council may establish a Committee to recommend rules, policies,
and operating procedures for day-to-day management of the Pound and
Animal Control generally for the City of Louisiana. Such committee
shall not be granted any power to take on any debt in the City's name
or to use the City's property as collateral, nor to raise money through
the sale of debt instruments such as bonds. The Animal Control Committee
must keep records of all expenditures and revenues of the Animal Control
Department, Pound and Humane Officer. Further, the Committee shall
maintain meeting minutes and other public records in accordance with
Chapter 610, RSMo. All proposed rules and recommendations made by
the Animal Control Committee shall be subject to approval of the City
Council.
[1]
Editor's Note: Ord. No. 13-2020 also changed the title of
this Section form "Pound To Be Provided" to "Humane Officer And Animal
Control."
[R.O. 2008 §210.160; Ord. No. 03-2008, 2-11-2008]
A.
It shall be a deceptive practice for any owner to sell animals within the corporate limits of the City of Louisiana without complying with the provisions and requirements of Chapter 210.
B.
Within
five (5) days prior to the offering any animal for sale, the owner
shall have the animal examined by a licensed veterinarian. The name
and address of the examining veterinarian, together with the findings
made and treatment, if any ordered as a result of the examination,
shall be noted on the animal history and health certificate for each
animal.
C.
Except
for minor injuries or wounds, no individual owner of any animal or
any owner of a kennel, pet shop or humane shelter or any operator
thereof, other than a licensed veterinarian, may manipulate or apply
any apparatus or appliance for addressing any disease, pain, deformity,
defect, injury, wound or physical condition of any animal after purchase
of the animal for the prevention of or to test for the presence of
any disease, pain, deformity, defect, injury, wound or physical condition
in an animal after its purchase. These prohibitions include, but are
not limited to, the giving of inoculations or vaccinations after purchase,
the diagnosing, prescribing and dispensing of medication to animals
and the prescribing of any diet or dietary supplement as treatment
for any disease, pain, deformity, defect, injury, wound or physical
condition.
D.
The
Humane Officer of the City of Louisiana shall provide each owner or
operator of a kennel, pet shop or humane shelter with notification
forms to be signed by the owner or operator of a kennel, pet shop
or animal shelter and the consumer at the time of purchase of an animal.
The notification from shall provide the following:
1.
The full text of the rights and responsibilities of the owner of
any pet shop, kennel or humane shelter and the consumer provided by
this Section;
2.
The full text and description of the recourse to which the consumer
is entitled as provided by this Section; and
3.
The owner or operator of a kennel, pet shop or humane shelter shall
obtain the signature of the consumer on the form and shall also sign
the form at the time of purchase of an animal and shall provide the
consumer with a signed copy of the form and retain a copy of the form
on the pet shop premises. No owner of a kennel, pet shop or humane
shelter may construe or use the signed notification form as an abdication
of the consumer right to recourse.
E.
The
owner or operator of a kennel, pet shop or humane shelter shall have
any animal that has been examined more than fourteen (14) days prior
to the date of purchase re-examined by a veterinarian for the purpose
of disclosing its condition within seventy-two (72) hours of the delivery
of the animal to the consumer, unless the consumer has waived the
right to the re-examination in writing.
F.
It shall be the responsibility of the consumer to obtain such certification within the required amount of time provided by this Subsection, unless the owner or operator of the pet shop or the employee thereof selling the animal to the consumer fails to provide the notice required pursuant to Subsection (D) of this Section.
G.
The
veterinarian shall provide to the consumer in writing and within the
seven (7) days after the consumer consults with the veterinarian any
certification that is appropriate pursuant to this Section upon the
determination that such certification is appropriate. The certification
shall include:
1.
The name of the owner;
2.
The date or dates of examination;
3.
The breed, color, sex and age of the animal;
4.
A statement of the findings of the veterinarian;
5.
A statement that the veterinarian certifies the animal to be "unfit
for purchase";
6.
An itemized statement of veterinary fees incurred as of the date
of certification;
7.
If the animal may be curable, an estimate of the possible cost to
cure or attempt to cure the animal;
8.
If the animal has died, a statement establishing the probable cause
of death; and
9.
The name and address of the certifying veterinarian and the date
of the certification.
H.
The
consumer and the owner of a kennel, pet shop or humane shelter shall
be entitled to appeal the decision resulting from the hearing of the
Code Appeals Board to the Municipal Court of the City of Louisiana,
and the consumer and the owner of a kennel, pet shop or humane shelter
shall comply with the final decision rendered by the Municipal Court
pending further appeals filed with the Circuit Court.
I.
Any owner or operator of a kennel, pet shop or human shelter or employee thereof shall be guilty of a deceptive practice if the owner or operator or employee thereof secures or attempts to secure a waiver of any of the provisions of this Section except as specifically authorized under Subsection (E) of this Section.
J.
The
City's Humane Officer may investigate and pursue enforcement against
any kennel, pet shop or humane shelter reported by a consumer.
[Ord. No. 40-2016, 9-20-2016]
A.
An owner may surrender a dog or cat to the animal pound if the following
conditions are met:
[R.O. 2008 §210.170; Ord. No. 03-2008, 2-11-2008; Ord. No.
02-2010 §1, 2-8-2010; Ord. No. 03-2011 §1, 4-11-2011; Ord. No. 41-2016, 9-20-2016; Ord. No. 28-2021, 10-25-2021]
A.
Every
dog or cat, except community cats, found running at large within the
City shall be impounded within the City pound and kept or restrained
in such shelter for a period of one (1) week, unless sooner claimed.
If any dog or cat so impounded has been registered with the City of
Louisiana, reasonable attempt to notify the owner or keeper of such
animal shall be made.
B.
Any animal owner or keeper who receives actual or constructive notice of impoundment hereunder and fails to claim the animal within five (5) days as provided in Subsection (C) hereof shall be declared guilty of an ordinance violation, and may be punished as provided in Section 100.170 of the City Code.
C.
If
an animal is not redeemed by the owner or appears to have no owner
within five (5) days after impoundment, the animal may be disposed
of in one of the following ways, but no other way:
1.
Release for adoption by a new owner who shows evidence of ability
and intention to provide the animal with an appropriate home and humane
care; provided that no unspayed female or unneutered male shall be
released for adoption until spaying or neutering has been performed
by a licensed veterinarian, or, if too young, the fee for such spaying
or neutering has been paid, with a certification letter received from
a licensed veterinarian so that it will be brought in for spaying
at the age of six (6) months; register the animal with the City if
residing in City limits, and by payment of thirty-five dollars ($35.00);
or
2.
Transferred to a recognized non-profit organization that relocates
animals; or
3.
Euthanasia, using a method approved by the Humane Society of
the United States.
D.
Any owner or keeper claiming such impounded dog or cat shall be entitled
to redeem and reclaim such dog or cat during regular office hours
of the Court Clerk by paying an impoundment fee of fifteen dollars
($15.00) for the first day of confinement plus ten dollars ($10.00)
per each additional day for the boarding of such dog or cat.
E.
No
dog or cat shall be released from impoundment unless the claimant
exhibits or purchases a current registration certificate, check or
tag for every such animal, nor without proof of all necessary vaccinations.
Impounded animals may be claimed at all other times through such person
so designated for processing claims by paying the aforementioned confinement
and impoundment fees and by exhibiting a current registration certificate,
check or tag as well as proof of necessary vaccinations for each impounded
animal claimed.
F.
The Animal Control Officer shall make every reasonable effort to
determine the owner of any impounded dog or cat and notify said owner,
person or keeper. In an effort to accomplish this task, the Animal
Control Officer shall make a weekly report to the Chief of Police
of any and all dogs or cats impounded from the previous week, along
with an abbreviated description of dogs or cats. Any person, owner
or keeper may inspect such dogs or cats at the animal shelter by making
suitable arrangements through the Chief of Police or with the Animal
Control Officer.
[R.O. 2008 §210.180; Ord. No. 03-2008, 2-11-2008; Ord. No.
42-2016, 9-20-2016]
A.
The City pound shall agree to give title, possession and control
of the animal so long as the adopter complies with the terms and conditions
of the adoption agreement as follows:
1.
Owner who shows evidence of ability and intention to provide
the animal with an appropriate home and humane care.
2.
Unspayed female or unneutered male must be spayed or neutered
by a licensed veterinarian prior to release for adoption paid for
by the adoptee, or, if too young, the fee for such spaying or neutering
be paid, with a certification letter received from a licensed veterinarian
so that it will be brought in for spaying at the age of six (6) months.
3.
Register the animal with the City if residing in City limits.
4.
Payment of adoption fee of thirty-five dollars ($35.00).
[R.O. 2008 §210.190; Ord. No. 03-2008, 2-11-2008; Ord. No.
43-2016, 9-20-2016]
The Mayor, in his/her discretion, or when, in his/her opinion,
the interest of the public requires it, may issue a proclamation notifying
the citizens of the City owning or keeping dogs or cats to muzzle
them and keep them securely tied upon their own property during a
specified period of time set out in such proclamation. This proclamation
shall be published in a newspaper of general circulation within the
City. Any dogs or cats found running at large during this time and
not muzzled shall be exterminated by the Chief of Police or any City
Police Officer. If they are running at large and muzzled, they will
be impounded.
[R.O. 2008 §210.200; Ord. No. 03-2008, 2-11-2008; Ord. No.
44-2016, 9-20-2016]
If there is a doubt or question as to whether or not a dog or
cat is sick, diseased or rabid, the Mayor or the Animal Control Officer
shall request that such dog or cat be restrained by the owner or keeper
of said animal for a required number of days as recommended by a licensed
and practicing veterinarian.
[R.O. 2008 §210.210; Ord. No. 03-2008, 2-11-2008]
A.
Any
person which harbors more than five (5) animals over the age of four
(4) months upon one (1) property, including "pet shops," for the purpose
of breeding or for sale, shall be deemed as operating a commercial
kennel. Any person desiring to operate a commercial kennel within
the City shall first apply for and must be granted a Conditional Use
Permit for the purpose of operating a commercial kennel. The location
of the proposed commercial kennel shall be inspected by the Humane
Officer or his/her designee who will determine that such location
will not be a nuisance to the neighborhood. Upon approval of the location
by the Humane Officer or his/her designee, the applicant shall procure
a commercial kennel license by applying to the City Clerk, the applicant
shall pay the current kennel license fee and such owner must also
obtain a City business license as required by City Code Section 605.010(A),
the City Clerk shall then issue the commercial kennel license. If,
at a later date, the Humane Officer or his/her designee shall find
that the operation of such kennel has become a nuisance to the neighborhood,
such kennel license shall be revoked.
[Ord. No. 20-2018, 10-22-2018]
B.
All
animals offered for sale by such commercial kennel or pet shop shall
have all pertinent records concerning the animal's health and place
of origin readily available on the premises at all time and shall
produce the same upon demand.
C.
All
animals within such kennel or pet shop which are over the age of four
(4) months shall have a rabies inoculation.
D.
Any person having or conducting a licensed commercial kennel or pet shop shall keep the same and maintain the same in a clean and humane manner and keep the same free from offensive odors and failure to comply with this Subsection (D) shall subject such person to the loss of such person's kennel/pet shop license.
E.
The
Humane Office or his/her designee shall quarterly inspect all licensed
commercial kennels located within the corporate limits of the City
of Louisiana. The owner shall remit an inspection fee of twenty-five
dollars ($25.00) to the City Clerk for each inspection. Such fee shall
be deposited with the account of the Police Department to be used
for the operation and maintenance of the City pound. Failure to allow
an inspection of the premises for which a commercial kennel license
has been issued shall be a violation and cause for summary revocation
of the kennel license, without need for a prior hearing. If, upon
an inspection, a commercial kennel premises is found not be satisfactory,
the Humane Officer or his/her designee may, after opportunity for
a hearing, revoke the license issued therefore.
1.
The Humane Officer or his/her designee shall immediately impound
any animal where there is suspected neglect or abuse and such animal
shall be housed within the confine of the City pound.
2.
If the Humane Officer or his/her designee have reason to believe
such animal impounded is in need of medical care, the Humane Office
or his/her designee shall arrange for a licensed veterinarian to attend
to such animal.
3.
Any and all expenses in connection with the housing and medical care
of such impounded animals shall be charged to the owner of such animals.
a.
In the event the owner refuses to pay such charges, the Chief of
Police shall certify the cost to the City Clerk who shall cause a
special tax bill to be prepared against the property for the cost
of such owner. Such special tax bill shall be issued by the City Clerk
and delivered to the City Collector on or before the first (1) day
of June of the following year. The Collector shall collect such tax
bill along with other taxes assessed against the property. Such tax
bill if not paid when due shall bear interest at the rate of eight
percent (8%) per annum.
4.
Appeals to the decision of the Humane Officer or his/her designee
shall be filed in the office of the City Clerk within two (2) workdays
of the notification of such decision. Such appeals shall be heard
by the City of Louisiana Appeal Board.
F.
Where
an inspection reveals a violation of any City code in connection with
the kennel, the Humane Officer or his/her designee shall issue the
owner thereof a citation specifying such violation and shall include
a reasonable time for such violation to be corrected. If the violation
is not corrected within said time, the Humane Officer or his/her designee
shall issue a second (2nd) citation to such owner and refer the matter
to the City Attorney for prosecution.
G.
Any
person whose kennel license has been revoked shall immediately remove
all animals connected with that kennel from the City.
[1]
Editor’s Note: Former Section 210.220, Non-Commercial
Kennels/Humane Shelter, adopted R.O. 2008 § 210.220, as amended,
was repealed 6-20-2016 by Ord. No. 27-2016 § 1.
[R.O. 2008 §210.230; Ord. No. 03-2008, 2-11-2008; Ord. No.
45-2016, 9-20-2016]
Any dog within the City limits which, by continual barking,
howling or yelping during the nighttime or daytime, shall annoy the
neighborhood is hereby declared to be a public nuisance, and any person
keeping or harboring such a dog shall be subject to a fine, upon being
found guilty, by the Municipal Court and it is hereby unlawful for
any owner or keeper of such a dog to allow such a dog to become a
public nuisance or fail to prevent such dog from such actions. In
addition to any penalties that may be imposed under this Section,
the Animal Control Officer of the City or his/her designee shall have
the power to impound.
[R.O. 2008 §210.240; Ord. No. 03-2008, 2-11-2008]
A.
It
shall be unlawful to keep, harbor, possess, own or transport any wild,
exotic animal or fowl or any animal or fowl trained or used for fighting
or any deadly, dangerous, poisonous, endangered or protected animal
or fowl within the City limits of the City of Louisiana, Missouri,
whether gratuitously or for a fee. Provisions of this Section shall
not apply to properly maintained and accredited zoological parks,
circuses, scientific or educational institutes, research laboratories
or veterinary hospitals or trained guard dogs, further the provisions
of this Section shall not apply to the transportation of any legally
taken game or fur-bearing animal or the transportation of any animal
being removed as a danger or pest.
1.
Guard dogs shall be exempt only when utilized in such a fashion that
such guard dog or dogs cannot, under any circumstance or condition,
gain access to the general public off the premises where they are
to be utilized or at such times when the general public has access
to said premises.
B.
A "wild animal" and/or "exotic animal" is
defined as live non-human primate; native and/or foreign wildlife;
poisonous reptiles, venomous snakes, constrictor reptiles six (6)
feet or more in length, crocodilian reptiles two (2) feet or more
in length. An animal trained for fighting shall be any animal or any
type or kind that has been trained for or used for the purpose of
fighting or attacking other animals or people.
[R.O. 2008 §210.250; Ord. No. 03-2008, 2-11-2008; Ord. No. 28-2021, 10-25-2021]
In addition to the remedial provisions set forth in this Section in order to protect, promote and preserve the public health and safety, it is hereby declared that any person owning any animal, kennel, pet shop or humane shelter within the City and permitting any violation of this Chapter shall be deemed guilty of an ordinance violation and may be punished as provided in Section 100.170 of the City Code.
