[CC 2001 §205.010; Ord. No. 638 §8.01, 4-12-1979]
A. For
the purposes of this Chapter, the below listed terms and words are
hereby defined. Words used in the present tense include the future;
the singular number includes the plural, and the plural includes the
singular; references to the male gender include the female, and reference
to any person or animal without specifying gender includes both male
and female; the word "shall" is mandatory and not
directory.
B. Definitions. As used in this Chapter, unless the context
otherwise indicates, the following terms mean:
AT LARGE
Any dog or cat shall be deemed to be at large when it is
off the premises of its owner's real property and not under restraint
by a competent person. The words "restraint" and "competent person" are defined herein.
CAT
All domestic species or varieties of the genus felis, male
or female, six (6) months of age or older.
CERTIFICATE
A certificate issued at the time of the vaccination of the
dog or cat and bearing the signature of the vaccinator, the registration
number, the name, color, breed and sex of the dog or cat, the name
and address of the owner, the date of the vaccination and the type
of vaccine administered.
CHICKEN EMBRYO, ORIGIN VACCINE
Vaccine which is manufactured using the embryo of the chicken
as a growth medium and also known as Flury Strain vaccine.
COMPETENT PERSON
A human being who is capable of controlling and governing
the dog or cat in question, and to whose commands the dog or cat is
obedient.
DOG
All domesticated members of the canis familaris, male or
female, six (6) months of age or older.
EXPOSED TO RABIES
When bitten by, or fought with, or has come in close contact
with a dog or other animal shown to be infected with the rabies virus
as determined by standard laboratory testing.
HOUSEHOLD
Those members of a family, including servants and household
attendants, living in the same dwelling unit.
IMPOUND
The apprehending, catching, trapping, netting, tranquilizing,
confining or, if necessary, the destruction of any animal by the Code
Enforcement Officer or his/her agent.
IMPOUNDING FACILITIES
Any premises designated by the City for the purpose of impounding
and caring for all animals found in violation of this Chapter.
KENNEL
Any place or tract of land whether indoors or outdoors, whether
enclosed or not in, at or upon which and whether for pleasure or profit
dogs or cats are kept, housed, bred, raised, fed, displayed in one
(1) household, exhibited or sold. The owner of four (4) or more dogs
or cats, whether owned for pleasure or profit, breeding or exhibiting,
shall be deemed to be the operator of a kennel.
KITTEN
All domestic species or varieties of the genus felis, male
or female, under the age of six (6) months.
LICENSE
A tag issued by the City of Edmundson. This tag is not synonymous
with the tag to be issued by the Code Enforcement Officer. (See definition
of "TAG".)
NERVE TISSUE ORIGIN
Vaccine which is manufactured using tissue of the nervous
system as a growth medium.
OWNER
Includes any person or firm or corporation which owns, harbors,
shelters, keeps, controls, manages, possesses, or has part interest
in any dog, cat or kennel. The occupant of any premises on which a
dog or cat remains for a period of seven (7) days or to which it customarily
returns daily for a period of ten (10) days is presumed to be harboring,
sheltering or keeping the aforementioned dog or cat within this definition.
Under no circumstances are the normal and ordinarily accepted definitions
of the terms harboring, sheltering or keeping to be limited to the
words of aforementioned presumption. If a minor owns a dog, puppy
or other animal subject to the provisions of this Chapter, the head
of the household of which such minor owner is a member shall be deemed
to be the owner of such dog, puppy or animal for the purposes of this
Chapter and under this Chapter shall be responsible as the owner,
whether or not such household head is himself/herself a minor. If
not a member of a household, such minor owner shall himself/herself
be directly subject to the provisions of this Chapter.
PUP AND PUPPY
All domesticated members of the canis familaris, male or
female, under six (6) months of age.
REGISTRAR
Any veterinarian, or any other person acting under the direction
or control of a veterinarian, who performs the services of vaccination-registration.
RESTRAINT
A dog or cat off the premises of its owner's real property
is under restraint within the meaning of this Chapter:
1.
If it is controlled by a line or leash not more than six (6)
feet in length, when said line or leash is held by a competent person;
2.
When within a vehicle being driven, parked or stopped.
RURAL
Idle land or land which is used for agricultural purposes
and through a lack of streets, lots, utilities and improvements is
unsuited for City uses.
TAG
Any object, regardless of the shape and material, which bears
a registration number and the words "Rabies Vaccination-Registration" which has been issued by authorities of the Code Enforcement Officer.
VACCINATE
The injection, by a veterinarian or his/her authorized agent,
of a specified dose of anti-rabies vaccine into the body of a dog
or cat, such vaccine having the U.S. Government license number approval
stamped on the label of the vaccine contained and having been approved
by the Code Enforcement Officer. Vaccine used for vaccination of dogs
or cats shall be stored and kept under conditions proper for the vaccine
and shall show no signs of spoilage or otherwise be unfit for producing
immunity against rabies.
VACCINATION-REGISTRATION
The procedure of vaccinating for rabies and issuing an identification
number and an appropriate certificate. The above words shall be interchangeable.
VETERINARIAN
Any veterinarian holding a current Missouri license and operating
on a participating basis with the Code Enforcement Officer as required
by this Chapter.
[Ord. No. 1270 §1, 5-11-2006; Ord.
No. 1543, 11-10-2022]
A. Farm Animals. It shall be unlawful for any person to sell,
own, possess, harbor or keep any farm animal, including, but not limited
to, donkey, horse, livestock, cattle, poultry, ostrich, emu or any
domesticated species of the family Suidae.
Exception: The following animals are not prohibited
by this Section:
1. The domestic species of the family Suidae which is commonly referred
to as "the Vietnamese potbellied pig"; and
2. Up to a maximum of four (4) chickens, but not roosters, as long as the chickens are kept in compliance with Section
205.290 of this Chapter.
B. Exotic Animals. It shall be unlawful for any person to sell,
own, possess, harbor or keep any bear, lion, tiger, leopard, ocelot,
jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi,
hyena, wolf, wolf hybrids, coyote, wild species of the family Suidae,
llama, any poisonous reptile or amphibian, or any reptile which grows
to more than twelve (12) inches in length in any place other than
a properly maintained zoological park, circus, scientific or educational
institution, research laboratory, veterinary hospital, or animal refuge
which is permitted by the City.
[CC 2001 §205.020; Ord. No. 638 §8.02, 4-12-1979]
A. Every person who owns any dog or cat that is kept any time during the year within the City or who permits a dog or cat to come upon, on or in the City or to remain in or about his/her home, place or business or other premises in the area affected by this Chapter shall have such dog or cat vaccinated against rabies and registered as provided in Subsection
(D) hereof. Such dogs or cats must be vaccinated at least once each year if a nerve tissue origin vaccine is used, unless a chicken embryo or other three (3) year type vaccine, approved by the Code Enforcement Officer, is administered then at the frequency approved by the Code Enforcement Officer. For the purpose of facilitating the provisions of this Section, the Code Enforcement Officer may hold dog and cat inoculation clinics.
B. Puppies
shall be confined to their owner's premises.
C. Every dog and cat which has been vaccinated in accordance with the provisions of this Chapter shall at all times wear the registration tag in the manner herein prescribed in Section
205.030.
D. It
shall be unlawful for any person to own any dog or cat, unless such
dog or cat has been vaccinated against rabies and wears a current,
unexpired registration tag, and the owner possesses a certificate
issued in accordance with the provisions of this Chapter.
[CC 2001 §205.030; Ord. No. 638 §8.03, 4-12-1979]
A. The
City shall prepare certificates in quadruplicate, together with correspondingly
numbered tags, in a form he/she deems is best calculated to further
the progress of the program provided for in this Chapter. Spaces shall
be provided for the following information and for such other information
as the City may require to be filled in by the veterinarians legally
authorized to vaccinate dogs and cats:
1. The name, address, school district and specific incorporated City
in which the owner lives;
2. The date the vaccination was administered and type of vaccine administered;
3. The breed, markings, sex and name of the vaccinated dog or cat.
B. Each
calendar year the City shall establish a preset fee not exceeding
ten dollars ($10.00) for each combined unit of corresponding vaccination-registration
certificate and tag for the purpose of maintaining the system of vaccination-registration.
Maintenance expenses shall include materials, notification, filing,
investigation, and enforcement to increase and maintain a high level
of rabies immunization. Each registrar shall order from the City the
number of tags and certificates needed to perform his/her duties as
registrar and pay the City or designee with the order the fee for
each certificate and tag ordered. The registrar shall be reimbursed
and paid the fee for each certificate and tag by the owner of or other
person assuming responsibility over the dog or cat being vaccinated
and registered, and which reimbursement and payment may be retained
by the registrar. Fees for unused certificates and tags shall be refundable
to registrar.
C. It shall be the duty of every veterinarian to be a registrar under this program and when vaccinating any dog or cat to fill out in quadruplicate copies of the certificate obtained from the City with the information required in Subsection
(A) herein and immediately present one (1) copy to the owner of the vaccinated dog or cat and mail two (2) copies to the City, by the tenth (10th) day of the following month, for filing and statistical purposes. The City shall maintain cross files of certificates by the name of the owner and the number of the certificate. The remaining copy of the certificate shall be retained by the person performing the vaccination. The owner's copy of the certificate shall be retained by the owner of the vaccinated dog or cat for inspection by an authorized representative of the City or any Police Officer.
D. At
the time of the vaccination of any dog or cat, the person performing
the vaccination shall also deliver to the owner of the said dog or
cat the tag obtained from the City as evidence of such inoculation.
Every owner of a vaccinated dog or cat shall attach the tag evidencing
rabies vaccination and registration to the collar or harness of the
vaccinated dog or cat and such collar or harness shall be worn by
that dog or cat at all times. Any dog or cat found without a tag shall
be deemed to be not vaccinated.
E. No
person shall divulge, distribute, disseminate, give, transfer, show,
make available or allow a copy to be made of the name or address of
any owner of a registered dog or cat under this Chapter to or by any
person other than an officer of a County, municipal, State or Federal
office or department for the purpose of licensing, tax collection,
law enforcement or rabies or other disease control in his/her respective
jurisdiction; nor shall any of the persons authorized to be in possession
of such names or addresses use such information for any purpose other
than those allowed above; nor shall any other person make any use
relating to dogs, puppies, cats or kittens of any such name or address
that has been obtained as a direct or indirect result of the vaccination-registration
program provided for in this Chapter; nor shall any person pose as
or falsely claim to be a City employee or an agent of the City or
of any other governmental agency while soliciting or making a survey
of the names or addresses of dog or cat owners in any area in which
this Chapter is in effect.
[CC 2001 §205.040; Ord. No. 638 §8.04, 4-12-1979]
Registration tags shall not be transferred from animal to animal,
and no person shall affix a registration tag to an animal other than
the animal for which the tag was issued at the time of its rabies
vaccination-registration, nor shall any person affix a registration
tag to an animal that has not been vaccinated against rabies, nor
shall any person counterfeit, alter, obliterate any rabies-registration
tags.
[CC 2001 §205.050; Ord. No. 638 §8.05, 4-12-1979]
In addition to complying with the rabies-vaccination and registration
outlined above, every owner of a dog or cat in the City shall register
his/her dog(s) or cat(s) with the City Clerk. Upon exhibiting a receipt
that the dog(s) or cat(s) have been inoculated, the Clerk will issue
to the said owner a tag with thereon a number, and a fee of ten dollars
($10.00) shall be charged for same. (The fee will be waived for any
animals spayed or neutered.) The license so procured shall be good
for a period of one (1) year and each owner shall procure a license
for his/her dog(s) or cat(s) not later than the first (1st) Monday
in January of each and every year the inoculation receipt shall be
presented, which inoculation shall show that the dog or cat has been
inoculated within a period not to exceed ninety (90) days prior to
the first (1st) Monday in January of the same year and a like fee
of ten dollars ($10.00) shall be charged each time the dog or cat
is registered and a tag issued to evidence the registration. The Clerk
shall furnish the Mayor and the Chief of Police with a list of such
dog(s) and cat(s) registered, and any dog or cat not registered or
the dog or cat tag fastened to the dog or cat shall be picked up and
impounded by the Chief of Police and his/her deputies. No dog or cat
shall be released except by order of the City Clerk and upon the payment
of a fee of twenty-five dollars ($25.00).
[CC 2001 §205.060; Ord. No. 638 §8.06, 4-12-1979]
All female dogs shall be kept securely confined in an enclosed
place while in heat.
[CC 2001 §205.070; Ord. No. 638 §8.07, 4-12-1979]
A. The
Code Enforcement Officer or other persons designated by him/her shall
have the power to catch, confine and impound dogs and other animals
as follows:
1. Dogs or cats not wearing an unexpired vaccination-registration tag
and City license tag.
2. All female dogs, registered or unregistered, not securely confined
in an enclosed place, while in heat.
3. All dogs, puppies, cats and kittens which are at large.
4. All dogs or other animals infected or suspected of being infected
with rabies and all dogs and other animals exposed to or suspected
by him/her to be exposed to or infected with rabies, including dogs
or other animals known to have been bitten by a rabid animal, whether
the dog or other animal to be impounded is running at large or on
a leash or whether it is confined to its owner's premises.
5. All unconfined or unleashed animals with vicious propensities.
6. Dogs or cats not vaccinated for rabies within the previous twelve
(12) months with nerve tissue vaccine, nor within the preceding thirty-six
(36) months with chicken embryo or Flury Strain vaccine, nor if another
vaccine approved by the City was used, within the proceeding time
period, approved by the City as the duration of effective protection
against rabies, which that vaccine gives.
7. Unconfined dogs and cats in quarantined areas.
8. Except for (1) above no dog or cat shall be exempt from the provisions
of this Section by virtue of vaccination, tags, vaccination-registration
certificate or City license tag.
9. Dogs or other animals which have bitten a person or animal, or which
have been by a dog or animal suspected of having rabies, or have been
exposed to rabies.
B. Dogs
or other animals impounded in accordance with this Section shall be
impounded by the County rabies shelter or elsewhere under the supervision
of and in a manner satisfactory to the Code Enforcement Officer.
C. All dogs and cats shall be vaccinated, registered and licensed being released to the owner; a fee covering the cost of vaccination-registration and shelter service shall be collected for each dog or cat so released to cover the cost of vaccination, registration and licensing. Dogs and cats that have been vaccinated, registration and licensed before becoming impounded shall be released to their owner within seven (7) days after capture upon payment of the shelter service specified in Section
205.090 herein, provided the Code Enforcement Officer is of the opinion that such release will not impair the safety of the public. Every animal impounded under provisions of this regulation, which is found upon arrival at the pound to be diseased or injured, and whose owner is unknown or relinquishes ownership in writing, shall be immediately euthanized.
[CC 2001 §205.080; Ord. No. 638 §8.08, 4-12-1979]
A. The
City Administrator is authorized and directed to mail and enter into
a contract on behalf of the City for the confinement, impounding,
care, release and disposing of dogs and other animals acquired pursuant
to the provisions of this Chapter as follows:
1. The authority contained hereof shall be exercised after due notice
inviting proposals and receipt thereof from any and all interested
persons, firms, associations and corporations, public or private.
2. The City Administrator is authorized to reject any and all bids so
received and to award the contract to the lowest responsible bidder.
In determining the lowest responsible bidder, in addition to cost,
the City Administrator shall consider: the ability, capacity of skill
of the bidder to perform the contract or provide the service required;
the character, integrity, reputation, judgment, experience and efficiency
of the bidder; the quality of performance of previous contracts or
services; the ability of the bidder to provide future services for
the confinement, impounding, care, release and disposal of animals;
and the number and scope of any conditions attached to the bid.
[CC 2001 §205.090; Ord. No. 638 §8.10, 4-12-1979]
Any dog or cat captured or impounded by the Code Enforcement
Officer, as authorized herein, and determined not to be infected with
rabies by the Code Enforcement Officer may be redeemed by the owner
or other person having the right of possession of such animal, upon
the presentation of a proper vaccination-registration certificate
and City license, and upon payment of applicable sheltering fees.
If the animal is not claimed in the manner provided herein within
five (5) days after its capture, such animal shall be disposed of
by euthanasia or sale as directed by the Code Enforcement Officer.
Before release by such sale, the buyer shall have the dog or cat vaccinated,
registered, licensed by the City and pay the applicable sheltering
fees.
[CC 2001 §205.100; Ord. No. 638 §8.11, 4-12-1979]
The Code Enforcement Officer or person designated by him/her
shall dispose of any dog or other animal infected with rabies and
he/she shall have the power to examine and impound any animal bitten
by or exposed to any other animal infected with rabies. He/she shall
have the power to require the owners of such dogs or cats to take
necessary measures to prevent further spread of rabies and to dispose
of any exposed animal if such necessary measures are not taken by
the owners.
[CC 2001 §205.110; Ord. No. 638 §8.12, 4-12-1979]
Any person destroying an animal infected with rabies or suspected
of being infected with rabies shall immediately notify the Code Enforcement
Officer and shall surrender the carcass of such animal upon demand.
The owner or custodian of any such destroyed animal shall immediately
provide the Code Enforcement Officer with full particulars thereof,
including the time, date, location, the names and addresses of any
person bitten by said animal, and also the name and address of owner
or person having custody of any animal exposed to the animal destroyed.
[CC 2001 §205.120; Ord. No. 638 §8.13, 4-12-1979]
A. Any dog, cat or other animal which exhibits objective symptoms suggestive of rabies may, after written certification by the Code Enforcement Officer to the owner, be impounded on or off the property of the owner. This animal shall be held for ten (10) days at the County's impounding facilities for clinical observation and, if alive at the termination of this period, shall be returned to the owner after payment of the shelter service fee provided for in Section
205.090. As an alternative procedure, the owner, at his/her own expense, may designate any veterinary hospital in the County for a similar ten (10) day period. If such animal shall die during the observation period regardless of the location, the head shall be removed and submitted to a qualified laboratory for examination.
B. Any
dog, cat or other animal, which has been exposed to rabies, shall
be immediately destroyed, unless the owner at his/her own expense
desires, chooses, elects, specifies, picks or decided on one (1) of
the following alternative methods:
1. Strict isolation in a kennel or animal hospital for six (6) months;
2. If no previous vaccination has been given to a dog or cat within
a period of three (3) years with chicken embryo (Flury Strain) vaccine,
or within one (1) year using vaccine of nerve tissue origin, or if
other vaccine approved by the Code Enforcement Officer was used and
if the effective protection limit of the last such vaccination has
passed, then the dog or cat shall be placed on a schedule of immunizations
approved by the Code Enforcement Officer.
3. If a dog or cat has been vaccinated previously with another vaccine
approved by the Code Enforcement Officer within the duration of the
vaccine's effective protection as approved by the Code Enforcement
Officer, the animal shall be revaccinated and restrained by a leash
or confined at home for thirty (30) days.
[CC 2001 §205.130; Ord. No. 638 §8.14, 4-12-1979]
A. Any
person within the City having information or knowledge of any animal
that:
1. Exhibits clinical symptoms suggestive of rabies;
2. Has been exposed to rabies; or
3. Is suspected of having rabies
|
shall report such knowledge or information to the City Code
Enforcement Officer.
|
[CC 2001 §205.140; Ord. No. 638 §8.15, 4-12-1979]
A. Whenever
rabies becomes prevalent in any locality within the City subject to
this Chapter, the Code Enforcement Officer shall recommend a quarantine
order affecting any portion of such City. The Board of Aldermen may
issue a quarantine order pursuant to such recommendation. The Code
Enforcement Officer, during the first (1st) week after a quarantine
order is issued, shall take proper measures to inform the people of
the City of the existence of the quarantine order. A quarantine order
shall direct that all dogs and cats, whether vaccinated and registered
according to the provisions of this Chapter or not, be confined in
the home of the owner of the dog or cat, or tied up or placed on a
leash under the direct physical control of a competent person not
less than fifteen (15) years of age. Any dog or cat found otherwise
during such a quarantine shall be impounded. Dogs and other animals
subject to rabies which are impossible to capture or impound, after
the exercise of reasonable efforts and diligence, shall be destroyed,
if the Code Enforcement Officer so designated.
B. The
quarantine may be terminated by the Board of Aldermen upon the recommendation
of the Code Enforcement Officer after the necessity thereof no longer
exists. No quarantine shall remain effective for more than six (6)
months from the adoption of the quarantine order unless such quarantine
order is specifically extended by order of the Board of Aldermen.
[CC 2001 §205.150; Ord. No. 932 §1(8.16), 1-10-1990]
A. Bad Animal. A dog, cat or other animal:
1. Which has inflicted a severe or fatal injury on a human being. "Severe injury" means any physical injury resulting directly
from an animal's attack or bite which results in broken bones or lacerations
requiring stitches or inpatient hospitalization. Any person receiving
such injuries shall provide the City with a signed physician's statement
documenting injury and treatment qualifying as a severe injury or
sign an authorization for release of such statement.
2. Which has bitten a human being without provocation.
3. Which, when unprovoked, chases or approaches a person upon any public
or private property other than the property of the person responsible
for such animal in a menacing fashion or apparent attitude of attack,
regardless of whether or not a person is injured by the animal.
4. Which exhibits a propensity to attack unprovoked, to cause injury
to or to otherwise threaten the safety of human beings or domestic
animals which propensity is known or ought reasonably to be known
by a person responsible for the animal.
B. Procedures Upon City Classifying A "Bad Animal".
1. When any animal falling within the category of a bad animal hereunder
comes to the attention of the City, the City Official shall notify
the person responsible for such animal of its classification and of
such person's responsibilities under the provisions of this Chapter.
The official who shall be responsible to determine the classification
of an animal as a "bad animal" is the Director of Public Safety or
his/her designee. Such person responsible for such bad animal shall:
a. Confine such animal to a fenced enclosure of such height, strength
and construction so as to prevent the animal confined from jumping,
climbing through or crawling under such fence, and
b. Post a notice on the premises in a place conspicuously visible to
the public and reading in letters not less than two (2) inches high
"Bad (dog, cat or other animal)", indicating the type of bad animal
which is on the premises.
2. A person responsible for a bad dog or cat may take the bad dog or
cat from the place of confinement described in paragraph (1) (a) above
if that person places the dog or cat on a leash and in fact can control
the dog or cat to the point of it not injuring or threatening any
human, animal or property.
3. Any bad animal found off the premises of a person responsible for it and not confined as required in Subsection
(B)(1) may be seized by any Police Officer or the Code Enforcement Officer unless the animal is off the premises as permitted by Subsection
(B)(2) hereof. Any bad animal which has escaped from its fenced enclosure may be impounded, whether or not it has been returned to its enclosure at the time of impoundment. If impounded pursuant to this Subsection, the animal shall not be returned to a person responsible for it unless a court so orders.
4. In addition to or as an alternative to the penalty which may be imposed for violation of Subsections
(B)(1),
(2) and
(3) of this Section, the court may order such bad animal euthanized upon a showing by a preponderance of the evidence of facts demonstrating that the animal is within the definition of a bad animal and that it has not been confined as required in Subsection
(B)(1) of this Section, regardless of whether it is so confined at the time of trial or was so confined at the time of impounding.
C. Animal Pens. A person proposing to provide an animal pen
shall obtain a permit from the Building Inspector. Such pen shall
consist of a six (6) foot high chain-link fence enclosure, with or
without a chain-link top, having exterior dimensions not to exceed
one hundred (100) square feet and concrete slab three and one-half
(3½) inches thick, which shall be located only within a rear
yard and at least five (5) feet from all property lines. All animal
pens shall be cleaned daily.
[CC 2001 §205.160; Ord. No. 638 §8.17, 4-12-1979]
It shall be unlawful for any person to conceal an animal or
interfere with the Code Enforcement Officer or persons designated
by him/her, in the performance of their legal duties, as provided
by this Chapter. The Code Enforcement Officer or persons designated
by him/her shall have the right of entry into any unenclosed lots
or lands for the purpose of collecting any dog, cat or other animal,
which is on such lot or land, in violation of this Chapter and whose
presence on such lot or land constitutes a violation of any of the
provisions of this Chapter or whose presence or existence is a violation
of the provisions of this Chapter. The Code Enforcement Officer or
his/her duly appointed representative shall have the right of entry
to any property or premises within any quarantined area during the
period of such quarantine for the purpose of examining or obtaining
any dog, cat or other animal suspected of having rabies, having been
exposed to rabies, or having been bitten by any animal suspected of
having rabies, or having bitten a person or other animal.
[CC 2001 §205.180; Ord. No. 638 §8.20, 4-12-1979]
When any dog or cat for which a tag and vaccination-registration
certificate has not been issued shall be released to the owner or
new owner, the release shall be accompanied with a form to be supplied
by the Code Enforcement Officer and within seventy-two (72) hours
after release the dog or cat's owner shall complete the registration-vaccination
procedure and shall leave with the vaccinating veterinarian the aforesaid
form to be completed by the veterinarian and returned to the Code
Enforcement Officer. Failure to so comply will authorize the Code
Enforcement Officer to impound the dog or cat until vaccination-registration
has been completed.
[CC 2001 §205.190; Ord. No. 638 §8.22, 4-12-1979]
A. It
shall be unlawful for any person or persons owning, controlling, possessing
or having the management or care, in whole or in part, of any dog
or cat to permit the same to run at large or go off the premises of
the owner or keeper thereof, unless such dog or cat is securely tied
or led by a line or leash so as to effectively prevent such dog or
cat from biting, molesting, being with or approaching any person or
animal.
B. The provisions of Subsection
(A) of this Section shall not apply to dogs or cats being used in hunting, field trials and dog shows while on public land set aside for those purposes, while on the private property of others with the actual, implied, customary or constructive consent of the owner of such private premises, or while on Federal, State, municipal or County roads or highways, in a rural area, while going to or coming from a hunting, field trial or dog show site. Nor shall the provisions or prohibitions in Subsection
(A) of this Section apply to bloodhounds or other dogs used for tracking in conjunction with police activities, nor to dogs of any Canine Corps of any police force of the City of St. Louis, St. Louis County, the Missouri State Highway Patrol, and Federal Law Enforcement Agency, or the Armed Forces of the United States, while being used to conduct official business or being used for official purposes.
[CC 2001 §205.200; Ord. No. 638 §8.23, 4-12-1979]
In any prosecution charging a violation of Section
205.180 hereunder, proof that a dog or cat was running at large in violation of said Section, together with proof that the defendant named in the complaint was, at the time described in the complaint, the person who owned such dog or cat, shall constitute a prima facie presumption sufficient for conviction that the owner of such dog or cat was the person that permitted such dog or cat to run at large.
[CC 2001 §205.210; Ord. No. 638 §8.24, 4-12-1979]
Any animal which does not exhibit a valid vaccination-registration tag and which reveals the symptoms of any injury or disease, clearly not those of rabies as determined by the Code Enforcement Officer, may be subjected to disposal as provided in Section
205.100 at the earliest possible time by the rabies control office.
[CC 2001 §205.220; Ord. No. 638 §8.25, 4-12-1979]
No person shall refuse to deliver up to the Code Enforcement
Officer any dog, cat or other animal subject to rabies, which such
person owns, when requested to do so under the provisions of this
Chapter.
[CC 2001 §205.230; Ord. No. 638 §8.26, 4-12-1979]
All dogs or cats brought into the City shall comply with the
rabies vaccination and City license tags requirements. If said imported
dog or cat remains more than thirty (30) days, said dog or cat shall
be registered in accordance with the provisions of this Chapter. Any
legally acceptable certification of rabies vaccination, the initial
and residual efficiency of which has been approved by the Code Enforcement
Officer, shall be exchanged for a current vaccination-registration
certificate and tag upon payment of the fee. Such transfer procedure
may be utilized by registrars to adopt valid rabies vaccination certificates
to vaccination-registration during the transition period of this Chapter.
[CC 2001 §205.240; Ord. No. 638 §8.27, 4-12-1979]
No person shall be permitted to conduct a dog or cat kennel
in the City, and the conducting of a dog or cat kennel in the City
is prohibited.
[CC 2001 §205.250; Ord. No. 638 §8.28, 4-12-1979]
A. The Code Enforcement Officer is authorized to and shall have and perform the following duties enumerated in this Section in cases involving violations of the Sections of this Chapter enumerated in Subsection
(B) hereof:
1. Accept payment of designated fines, penalties and issue receipts
therefore.
2. Maintain records of all violations of the provisions of this Chapter
of which each person has been guilty during the preceding twenty-four
(24) months whether such guilt was established in court or by payment
of a fine in and to the Code Enforcement Officer.
3. Whenever any person charged with an offense which is payable at the
Code Enforcement Officer shall fail to appear and pay his/her fine
in the time prescribed, the Code Enforcement Officer shall cause a
complaint to be filed against such person for such violation in accordance
with arrest procedures.
4. File copies of the records with the City of Edmundson or St. Louis
County Police Department of all cases involving violations of the
provisions of this Chapter irrespective of guilt and the disposition
of each such case.
B. If
the person so charged fails to pay the designated fine or enter a
plea of guilty within five (5) days, the Code Enforcement Officer,
after filing a complaint, shall send him/her a letter directing him/her
to appear in the City Court, notifying him/her of the time and date
the appearance is to be made, as well as the address of the court,
and advising him/her that a warrant for the arrest of such person
may be issued if he/she should fail to appear in court on the date
and time specified.
C. The
violation of, failure to comply with or the committing of any act
prohibited in any provision of this Chapter shall be deemed an ordinance
violation and each day that such unlawful act is committed or continues
to be committed shall constitute a separate offense.
[CC 2001 §205.260; Ord. No. 1113 §§1 — 2, 7-8-1999]
A. Any
cat which by continued screeching, calling or mewing or any dog which
by continued barking, howling or yelping or by chasing vehicles shall
annoy any person is hereby declared to be a public nuisance, and the
owner or custodian of such cat or dog upon being notified to do so
by an officer of the Police Department of the City, or by a housing
officer, shall take action as may be necessary to prevent the cat
or dog from continuing the acts constituting the nuisance or shall
dispose of the cat or dog.
B. Anyone
violating the terms of this Section shall be guilty of an ordinance
violation and shall be fined or jailed in accordance with the general
sentencing guidelines of the City.
A. A person
is guilty of animal neglect when he/she has custody or ownership or
both of an animal and fails to provide adequate care or adequate control
which results in substantial harm to the animal.
B. A person
is guilty of animal abandonment when he/she has knowingly abandoned
an animal in any place without making provisions for its adequate
care.
C. Animal
neglect or animal abandonment are ordinance violations. For a first
(1st) offense of either violation, a term of imprisonment not to exceed
fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00),
or both such fine and imprisonment may be imposed. For a second (2nd)
or subsequent violation of either offense, a term of imprisonment
not to exceed ninety (90) days, or a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment may be imposed.
All fines and penalties for a first (1st) conviction of animal neglect
or animal abandonment may be waived by the court provided that the
person found guilty of animal neglect or abandonment shows that adequate,
permanent remedies for the neglect or abandonment have been made.
Reasonable costs incurred for the care and maintenance of neglected
or abandoned animals may not be waived.
D. In
addition to any other penalty imposed by this Section, the court may
order a person found guilty of animal neglect or animal abandonment
to pay all reasonable costs and expenses necessary for:
1. The care and maintenance of neglected or abandoned animals within
the person's custody or ownership;
2. The disposal of any dead or diseased animals within the person's
custody or ownership;
3. The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
4. The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
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.
[CC 2001 §205.290]
Any person in physical possession and control of any animal
shall remove excreta or other solid waste deposited by the animal
in any public or private area not designated to receive such wastes
including, but not limited to, streets, sidewalks, parking lots, public
parks or recreation areas and private property. The provisions of
this Section shall not apply to a guide dog accompanying any blind
person.
[Ord. No. 1543, 11-10-2022]
A. Running at Large Prohibited. No person shall permit any chicken in
their possession to run at large, in or upon the public streets, open
lots or private properties of the City, other than the rear yard of
the owner.
When any such animals are found running at large within the
City, the City may have the animal restrained in a suitable location.
Any animal impounded shall be kept at least three (3) days. If the
owner fails to claim such animal, the animal shall be turned over
to the Humane Society of Missouri or other similar entity.
B. Location and Manner of Keeping. No person shall keep any chicken
unless the rear yard of the residence is completely enclosed with
a fence extending the full perimeter of the rear yard. Chickens shall
only be kept in the rear yard of the residence. Chickens shall be
allowed to have freedom of movement in a space no less than 50 square
feet.
C. Permit Required.
1.
No person shall operate or maintain any facilities for the keeping
of chickens and shall not keep any chickens unless a permit has first
been obtained from the City. Keeping chickens or maintaining a facility
for keeping chickens without a permit shall be deemed an ordinance
violation.
2.
Any person desiring to keep chickens within any residential
area of the City may do so only upon obtaining a permit for same from
the City.
3.
Each application for a chicken permit shall be signed by both
the property owner and the tenant or occupant of the property where
the chickens are proposed to be kept and shall contain a detailed
site plan showing all improvements and facilities, including fences,
for the keeping of chickens along with the distances between such
improvements and property lines, adjacent facilities and other structures.
4.
A permit fee shall apply to each chicken kept on the same property
and shall be paid at the time of initial application or renewal.
5.
All chicken permits shall be issued for a period not to exceed
one (1) year and such permits shall be renewed annually by July 1
of each year. The annual permit fee shall be established from time
to time by the Board of Aldermen.
6.
Any permit may be suspended or revoked in accordance with the
process outlined in this Section revocable by the City if the keeping
of any animal is found to endanger the health, safety or welfare of
the public or the animals themselves, creates a nuisance or is in
violation of State law or regulation or City ordinance.
D. Requirements. All chickens, improvements, animal facilities, houses,
buildings, pens and coops shall comply with the following requirements:
1.
The facility shall be in good repair, capable of being maintained
in a clean and in a sanitary condition, free of vermin, noxious smells
and substances.
2.
No person shall have more than four (4) egg-laying fowl on a
residential lot. No roosters shall be allowed on any residential property.
3.
The facility, or the conditions created by the facility, shall
not create a nuisance or disturb neighboring residents due to noise,
odor, damage or threats to the public health, safety and welfare.
4.
Chickens must be kept in an enclosed fenced area within the
rear yard of the residential property at all times. On corner lots,
the fence running parallel to the street shall comply with the setback
requirements for corner lots and shall consist of a six-foot privacy
fence screening the rear yard from view. All fencing and enclosures
shall reasonably prevent the specified animal from roaming at large
or beyond the fenced area. No person shall keep any chickens within
a dwelling.
5.
All facilities for chickens, including, but not limited to,
henhouses, pens, coops, feeding troughs and stations, nesting facilities
and grazing areas, enclosures, shall only be located in the rear yard
and shall comply with all setback requirements. Chicken facilities
located in the rear yard shall be enclosed on all sides and shall
have a roof and doors. Access doors must be able to be shut and locked
at night. Enclosures that have opening windows and vents must be covered
with predator- and bird-proof wire of less than one-inch openings.
Smaller fenced enclosures in the rear yard shall not take the place
of the rear yard perimeter which shall be required in all cases.
6.
The materials used in making a chicken facility or enclosure
shall be uniform for each element of the structure such that the walls
are made of the same material, the roof has the same shingles or other
covering, and any windows or openings are constructed using the same
materials. The use of scrap, waste board, sheet metal, or similar
materials is prohibited. The enclosure shall be well ventilated and
well maintained.
7.
All improvements and structures must comply with the City's
building code, if applicable based on the size of the accessory structure,
and must be consistent with the requirements of any applicable zoning
code, condition of approval of a land use decision or other land use
regulation. All improvements and structures shall be subject to applicable
permitting and inspection requirements when first constructed or when
structural alterations are made.
8.
Each chicken permit issued by the City shall be conditioned
on the applicant maintaining all chicken facilities and enclosures
in compliance with all applicable law and regulation, including City
ordinance, and compliance with any other permit conditions which are
necessary to preserve the public health, safety and welfare and prevent
nuisances, including limitations on the number of animals and additional
requirements for the improvements and facilities.
9.
If an inspection reveals that any provision in this Chapter
is violated, written notice shall be provided to the property owner
at the owner's last known address of record or to the keeper
or other responsible person, specifying the violation and requiring
that the violation be corrected within seventy-two (72) hours. If
the violation is not corrected within the period specified, the permit
shall be subject to suspension or revocation.
E. Suspension and Revocation of Permit.
1.
Upon written notice of a violation to the property owner or
other responsible person, the Director of Public Works or his/her
designee shall set a hearing to consider the question of suspension
or revocation and shall provide the permittee at least ten (10) days'
written notice of the hearing.
2.
During the pendency of this hearing and until a decision is
rendered by the hearing officer, the licensee shall be permitted to
continue the keeping of existing chickens; provided, however, that
the pendency of such hearing shall not preclude prosecution for violation
of the ordinances of the City occurring during such period.
3.
At the hearing, the hearing officer, who shall be the Director
of Public Works or his/her designee, shall hear all relevant evidence
justifying the suspension or revocation of the permit and shall grant
the permittee to relay all relevant evidence justifying the retention
of the permit.
4.
The Director or his/her designee shall notify the permittee
of the results of the hearing, in writing, within five (5) business
days of the hearing. If the permit is suspended or revoked, the Director
shall state in his/her order the date by which all chickens and/or
facilities and improvements shall be removed from the property which
shall be, at minimum, ten (10) days from the date of the order.
5.
In the event that a permittee whose permit has been suspended
or revoked pursuant to this Section, or a related entity of a permittee
whose permit has been revoked pursuant to this Section, shall thereafter
apply for a substantially similar permit, the licensing official may
take into account the act(s) and circumstances which lead to the suspension
or revocation in considering the new application.
6.
Any person aggrieved by the determination of the hearing officer
aforesaid may seek review of such decision by the Board of Aldermen.
A written request for review must be submitted by the aggrieved party
within five (5) days of the date of the determination for which review
is sought. The written request for review shall, at minimum, set forth
all reasons known to the applicant as to wherein and why the administrative
determination is in error and the evidence which supports such assertions.
7.
The filing of a request for review shall not stay the outcome
of the administrative determination unless the Board of Aldermen shall
suspend the effect of the determination upon request of the aggrieved
party.
8.
The Board may, at its option, review the determination on the
basis of the City's files and the record of the prior proceedings
or may hold an additional hearing thereon. The Board shall reduce
the results of its review to writing and give notice thereof to all
parties.
9.
Following suspension or revocation of a permit, before operation
of the facility resumes or any chickens are located or placed upon
the property, submission of a new application for a specified animal
facility permit accompanied by payment of the permit fees shall be
required, and the facility shall not be allowed to operate and chickens
shall not be allowed to be kept on the property until an appropriate
permit is approved and issued.