[Ord. No. 92-31 § 1, 2-9-1993; Ord. No. 2015-11 § 1, 4-14-2015]
The intention of this Chapter is to require animal owners to
comply with the law and not merely to operate an impoundment program.
Police Officers and the Animal Control Officer shall therefore place
primary emphasis upon apprehending and initiating prosecution of violators
of this Chapter and with a secondary emphasis on adoption of fully
vetted animals suitable for rehoming.
[Ord. No. 92-31 § 2, 2-9-1993; Ord. No. 2015-11 § 1, 4-14-2015; Ord. No. 2015-21 § 1, 7-28-2015]
The following words shall have the meanings set out below when
used in this Chapter:
The State of Missouri Animal Care Facilities Act CSR 30-9.010.
Spayed or neutered.
Every living vertebrate except a human being.
A person designated by the Mayor to enforce or assist in
the enforcement of this Chapter.
Any facility operated by a humane society, municipal agency,
or its authorized agents for the purpose of impounding or caring for
animals held under the authority of this Chapter or State law.
Animals shall be deemed to be at large when off the property
of the owner and not under restraint.
The puncturing of skin by the teeth or claws of an animal.
Any of a family (Felidae) of the domestic cat, both male
and female.
All animals of the canine species, both male and female.
An animal of a species of vertebrates that has been domesticated
by humans so as to live and breed in a tame condition and depend on
humankind for survival or a bird of a species that has been domesticated
by humans so as to live and breed in a tame condition and depend on
humankind for survival.
Animals that may be harbored or raised to provide various
types of labor, food, or fiber (e.g., feathers, fur, hides, wool)
for the benefit of humans or other animals. Livestock species include
but are not limited to horses, mares, mules, jacks, jennies, colts,
cows, calves, yearlings, bulls, oxen, sheep, goats, lambs, kids, swine,
poultry and bees. Includes species variations such as pygmy, dwarf,
miniature and potbellied.
To put to death in a humane manner.
Any animal of the class Aves (birds), class Mammalia (mammals),
class Amphibia (frogs, toads, salamanders, etc.), class Osteichtyes
(bony fishes, etc.), class Monorhina (lampreys, etc.), class Reptilia
(reptiles, etc.), class Crustacea (crayfish, etc.), or class Gastropoda
(slugs, snails, etc.) which is not normally domesticated in this State.
Any dog, whether it has been registered or vaccinated for
rabies or not, or other animal which has bitten, been fighting with
or consorted with an animal known or suspected to have rabies or showing
objective symptoms of rabies.
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
All veterinarian care required by the State Animal Care Facility
Act or is common practice before an animal is released for adoption.
Example: spay or neuter, rabies and FVRCP or D/P shots as well as
heartworm testing for dogs.
Care of an animal to include, but not limited to, adequate
heat, ventilation and sanitary shelter, wholesome food and water,
consistent with the normal requirements and feeding habits of the
animal's size, species, and breed.
The apprehending, catching, trapping, netting, tranquilizing,
confining, or, if necessary, the destruction of any animal by the
Animal Control Officer or his agent.
Any premises designated by the City for the purposes of impounding
and caring for all animals found in violation of this Chapter.
Any place or tract of land, whether indoors or outdoors,
whether enclosed or not, used for the purpose of selling, breeding,
boarding, or training dogs or cats or both, or the keeping of four
(4) or more dogs and/or four (4) or more cats over six (6) months
of age, or the keeping of more than five (5) dogs and cats. The word
"selling" as herein used shall not be construed to include the sale
of animals six (6) months of age or younger which are the natural
increase of animals kept by persons not operating a kennel as herein
defined; nor shall selling be determined to include isolated sales
of animals over six (6) months old by persons not operating a kennel
as herein defined.
Any leash, cord, chain, leather strap or line for leading
or restraining a dog, cat or other animal, and being no longer than
six (6) feet in length.
Any male animal rendered permanently incapable of reproduction.
Any person owning, keeping or harboring one (1) or more animals.
An animal shall be deemed to be harbored if it is fed or sheltered
for three (3) consecutive days or more. If an owner is a minor, each
adult person having the care, custody and control of such minor is
hereby required to exercise the duties of an owner and for the purposes
of this Chapter, each such person shall conclusively be deemed to
be the owner. If an animal is kept at a household that has more than
one (1) adult owner or tenant of the premises, each such adult is
hereby required to exercise the duties of an owner and for the purposes
of this Chapter, each such person shall conclusively be deemed to
be the owner.
The procedure by which an owner, or someone for said owner,
shall register a dog and be issued an identification number by the
City of Lexington.
Any female animal rendered permanently incapable of reproduction.
Any object, regardless of shape and material, which bears
a registration number and wording that makes reference to rabies vaccination.
Any object, regardless of shape and material, which bears
a registration number and wording that makes a reference to a dog
license for the City of Lexington, Missouri.
Rules of Missouri Department of Conservation, Division 10 — Conservation Commission, Chapter 9 — Wildlife Code: Confined Wildlife: Privileges, Permits, and Standards.
Not spayed or neutered.
Any animal, off the premises of its owner's real property,
shall be under restraint within the meaning of this Chapter:
If it is controlled by a line or leash, when said line or leash
is held by a competent person;
When within a vehicle being driven, parked or stopped;
When not more than twenty-five (25) feet from a competent person,
if such animal is not annoying or worrying any human being or domestic
animal, or trespassing on private property, or in a public area where
animals are forbidden, and is obedient to that person's commands.
An animal shall be considered under restraint if it is under
the control of a competent person within the property limits of the
owner or keeper of said animal without the use of a line, leash or
fence.
The injection, by a veterinarian, of a specified dose of
anti-rabies vaccine into the body of an animal.
The procedure of vaccinating for rabies and issuing an identification
number and an appropriate certificate by a State-licensed veterinarian.
The above referenced words shall be interchangeable.
Any veterinarian holding a current State license.
Any animal or animals that constitute a physical threat to
human beings or other animals, or having the propensity or tendency
to do an act which may endanger the safety of persons or property
of others in a given situation.
See definition of "exotic animal."
[Ord. No. 92-31 § 3, 2-9-1993; Ord. No. 2006-08 § 1, 2-28-2006; Ord. No. 2015-21 § 1, 7-28-2015]
A.
It
is unlawful to domicile any species of domesticated livestock, poultry,
honey bees, or any wildlife species, including non-human primates
and exotic species, on any premises, in any zoning district, in the
City of Lexington, except as set forth below in this Article.
1.
Species permitted in all zoning districts.
b.
Rabbits, domesticated breeds: No limit but subject to nuisance ordinances.
c.
Birds, fish, reptiles, and small animals that are legally sold through
pet stores and not prohibited by Missouri or Federal law and that
do not require a permit from either jurisdiction for citizens to confine
or own. Excludes poisonous or dangerous snakes and all snakes that
mature at over five (5) feet in length.
d.
Live fishing bait purchased or obtained from a licensed commercial
fisherman or other legal sources must be species listed in the Approved
Aquatic Species List (3 CSR 10-9.110) of the Wildlife Code of Missouri).
Live bait obtained as described in this rule may be possessed in any
number.
2.
Species restricted to specific zoning districts.
a.
Domesticated fowl hatchlings, not over the age of six (6) weeks,
offered for sale by licensed wholesale or retail businesses located
in a qualifying commercial or industrial zoned district.
b.
Domesticated farm livestock, including but not limited to: as pets, for food, for breeding purposes, or for commercial sales, not allowed for any reason in residential zoned districts. They are allowed in "A-1" General Agricultural District and "HC" zoning districts. (Refer to Chapter 29 for limitations in "A-1" and "HC" districts.) Exception: those fowl and animals delineated in Subsection (A)(1)(a) and (b) above when kept for non-commercial purposes.
c.
Species limitations in Subsection (A)(2)(a) and (b) above do not apply to "A-1" General Agricultural District and "HC" zoned properties or to other agriculture properties annexed in the year 2000 and subsequently zoned to "R-1" or "HC," as long as the properties continue to be maintained and used for agriculture purposes. (Refer to Chapter 29 for limitations in these districts.)
d.
Certain wildlife species, as permitted by Missouri Wildlife Code
3 CSR 10, may be bred and raised for commercial purposes in "A-1"
General Agricultural District and "HC" zoned districts and other agriculture
properties annexed in the year 2000 and subsequently zoned to "R-1"
or "HC," as long as the properties continue to be maintained and used
for agriculture purposes. A permit on review authorization is required
prior to beginning the project.
e.
Livestock kept in a clinic for treatment by licensed veterinarians
shall not constitute a violation of this ordinance.
f.
Honey bees: restricted to "A-1" General Agricultural District and
"HC" zoned properties and other agriculture properties annexed in
the year 2000 and subsequently zoned to "R-1" or "HC," as long as
the properties continue to be maintained and used for agriculture
purposes; and
[1]
Hives of bees are kept in a manner in which they are inaccessible
to the general public and so that bee movements to and from the hive
do not interfere with the ordinary movements of persons on adjacent
properties or the public right-of-way. Hives shall be located at least
50 feet from the nearest property line.
[2]
Each beekeeper shall ensure that a convenient source of water
is available to the bees at all times during the year so that the
bees will not congregate at swimming pools, bibcocks, pet watering
bowls, bird baths or other water sources where they may cause human,
bird or domestic pet contact.
[3]
No aggressive type bee strains shall be hived in any zoning
district.
[4]
The owner's name, address, and telephone number must be
prominently displayed on each hive.
3.
Species not permitted.
a.
No wildlife, except as noted in Subsection (A)(2)(d) above, including
non-human primates and exotic species, and including bird, fish, crayfish,
mussel, amphibian, reptile, mammal, or other forms of wildlife, regardless
of classification or type, may be harbored, possessed, restrained
or confined within the City of Lexington, Missouri, except that:
[1]
Such species may be publicly exhibited for not more than seven
(7) days by persons properly licensed in accordance with Missouri
Wildlife Code 3 CSR-10.
[2]
May be transported through the City by persons properly licensed
in accordance with Missouri Wildlife Code 3 CSR-10.
[3]
This Subsection (A)(3)(a) shall not be construed to apply to
wildlife legally held by circuses, publicly owned zoos, American Zoo
and Aquarium Association (AZA) accredited not-for-profit facilities,
or bona fide research facilities.
B.
No
owner shall fail to provide his animals with sufficient good and wholesome
food and water, proper shelter and protection from the weather, veterinary
care when needed to prevent suffering, and with humane care and treatment.
C.
No
person shall wound, torture, maim, cruelly ill treat, torment, overload,
overwork, mutilate, kill, or otherwise abuse an animal; or cause,
instigate, or permit any dogfight, cockfight, or other combat between
animals or between animals and humans.
D.
No
person shall give, sell, lend, barter or otherwise knowingly furnish
any instrument, means, compound or other thing to be used for the
purpose of maltreating, torturing, maiming, or killing any animal.
E.
No
owner of any animal shall abandon such animal within or near the vicinity
of the corporate City limits of Lexington.
F.
Any
person who, as the operator of a motor vehicle, strikes a domestic
animal shall immediately report such injury or death to the appropriate
local authority.
G.
No
person shall expose any known poisonous substance, whether mixed with
food or not, so that the same shall be liable to be eaten by any animal,
provided that it shall not be unlawful for a person to expose on his
own property common rat poison mixed only with vegetable substances.
H.
No
person shall keep or maintain within the City limits any cows, horses,
or other domestic animals or fowls, in any pen, building, or enclosures,
which shall be kept unclean, filthy, or in such a manner as to cause
obnoxious or disagreeable odors either from the animals, pens or enclosures.
I.
No
person shall tie an animal to a tree or any other object.
[Ord. No. 92-31 § 4, 2-9-1993; Ord. No. 2015-11 § 1, 4-14-2015]
A.
All
animals shall be kept under restraint by the owner or a competent
person on behalf of the animal's owner.
B.
No
owner shall fail to exercise proper care and control of his or her
animals to prevent them from becoming a public nuisance. The owner
of every animal shall be held responsible for every behavior of such
animal and shall be held liable for damages caused by such animal
under the provisions of this Chapter.
C.
Any
dog, cat, or other such domestic animal running at large may be picked
up and impounded by the City Police or the Animal Control Officer,
and the owner thereof notified as soon as is reasonably possible.
D.
When
and/or if any dog, cat, or other animal is found running at large
and cannot be safely taken up and impounded, then the Animal Control
Officer or any Police Officer is hereby authorized to use such force
as may be necessary to capture said animal, including the actual killing
of such animal.
E.
Any
owner who permits any animal, while kept upon his premises, to fight,
howl, bark, yelp, crow, or make other loud, frequent, habitual noises
for such period of time that such noises shall annoy or disturb any
neighbor or neighborhood shall be deemed guilty of disturbing the
peace and, upon conviction, shall be punished as provided in this
Chapter.
F.
Any
owner who shall own, keep or harbor upon his premises any dog, cat,
or other animal that, by threat of attacking or biting, causes fear
or annoyance to the neighborhood or to persons passing upon the streets
or sidewalks, shall be deemed guilty of a public nuisance.
[1]
Editor's Note: Former Section 5-5, Keeping of Wild Animals,
adopted and amended by Ord. No. 92-31 § 5, 2-9-1993, was
repealed 7-28-2015 by Ord. No. 2015-21 § 1.
[Ord. No. 92-31 § 6, 2-9-1993]
Every unspayed female animal when in heat shall be confined
in a building or secure enclosure in such a manner that such female
animal cannot come into contact with another animal except for planned
breeding.
[Ord. No. 92-31 § 7, 2-9-1993; Ord. No. 96-48 § 1, 3-25-1997; Ord. No. 2015-11 § 1, 4-14-2015]
A.
In the prosecution of a violation under Section 5-4, proof that an animal 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 was the owner of such animal, shall constitute a prima facie presumption sufficient for conviction that the owner of such animal was the person that permitted such animal to run at large.
[Ord. No. 2000-03 § 1, 4-11-2000; Ord. No. 2006-08 § 1, 2-28-2006; Ord. No. 2015-11 § 1, 4-14-2015]
No person or household shall possess or keep more than three
(3) dogs over the age of six (6) months and/or three (3) cats over
the age of six (6) months unless the person has first obtained a kennel
license and has complied with the zoning requirements that are set
forth in the Code of Ordinances for the City. This provision shall
not apply to a lawfully operated commercial kennel or a kennel maintained
in connection with a small animal hospital or the City animal shelter.
