[Ord. No. 6.002 §1, 3-10-2008]
As used in this Chapter, the following words shall have the
definition ascribed in this Section unless the context otherwise indicates:
Reasonable and prudent attention to the needs of an animal
including wholesome food, clean water, shelter and health care as
necessary to maintain good health for the given species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, another animal or property.
Every living vertebrate except a human being.
Any premises designated by action of the City for purposes
of impounding and caring for all animals subject to this Chapter.
Any animal shall be deemed to be "at large" when the animal
is:
An animal production facility where animals are stabled or
confined and fed or maintained for a total of forty-five (45) days
or more in a twelve (12) month period and a ground cover of vegetation
is not sustained over at least fifty percent (50%) of the animal confinement
area.
Confinement, confined or confines as used in this Chapter
shall mean constant, continuous, sole and segregated, physical enclosure
of the animal.
All members of the canine species both male and female.
Physically restrained on a chain or leash or behind a suitable
fence or other proper method of physical restraint from which it cannot
escape.
Any mammal, fowl, fish, reptile or other species not commonly
considered as pets or commonly raised for food or agricultural purposes,
which poses a possible threat to the life or health of humans. The
Chief of Police shall be responsible for determining the applicability
of this definition to any mammal, fowl, fish, reptile or other species.
A person desiring to possess any mammal, fowl, fish, reptile or other
species which, in the opinion of the Chief of Police, is prohibited
under this definition shall have the right to request a hearing before
the Board of Aldermen which shall make the final decision.
Includes cattle, buffalo, horses, mules, swine, goats (including
"fainting goats"), sheep, rabbits, chickens, turkeys, geese and ducks
(excluding exotic animals).
To feed or to shelter an animal in the same location for
three (3) or more consecutive calendar days.
Cattle, sheep, swine, poultry and other animals or fowl which
are being produced primarily for use as food or food products for
human consumption.
In addition to its ordinary definition, any person who owns,
keeps or harbors an animal or professes to own, keep or harbor an
animal.
Any individual, partnership, firm, corporation, association,
trust, estate or other legal entity.
Any animal or fowl (or groups of animals or fowl) shall be
considered a public nuisance if it:
Molests any passerby or chases passing vehicles including bicycles;
Attacks any other animal;
Is at large;
Is continually barking, howling, whining or yelping in excessive
fashion to disturb the rest, peace or quiet of an individual;
Continually fights with other animals;
Is ridden on public property and obstructs or interferes with
vehicular or pedestrian traffic;
Causes injury to any person;
Threatens or causes a condition which endangers public health;
Impedes refuse collection by ripping any bag or tipping any
container of such;
Damages private or public property, soils, defiles or defecates
on private property other than the owner's or on public walks and
recreation areas unless such waste is immediately removed and properly
disposed of by the owner.
Any animal, which attacks a human or bites a human or attacks
or bites other domestic animals.
[Ord. No. 6.002 §2, 3-10-2008]
The provisions of this Chapter shall be enforced by the Police
Department or any Animal Control Officer(s) commissioned by the City
of Weston, Missouri.
[Ord. No. 6.002 §3, 3-10-2008; Ord. No. 6.002.1 §1, 3-8-2010]
A.
All
dogs in the City of Weston, Missouri, except a dog visiting the City
with a non-resident owner, shall be licensed and registered within
thirty (30) days of its arrival. A written application for a license
shall be made to the City Collector and shall list the name, address
and telephone number of the owner and name, breed, color, sex and
distinguishing marks of the dog. The owner shall produce evidence
that the dog has a current rabies vaccination from a licensed veterinarian.
The license fee, hereinafter provided for, shall be paid to the City
Collector at the time of presenting the application. The City Collector
shall issue a receipt and a numbered metallic or plastic tag for each
dog license and shall maintain for three (3) years, two (2) records
of such receipts and tags: one (1) listed alphabetically by name of
the owner of the dog and one (1) listed numerically by tag numbers.
These records shall be open to public inspection during business hours.
All dog licenses shall be issued for one (1) year beginning on January
first (1st). Each year during the month of January, the yearly license
fee shall be five dollars ($5.00) for neutered/spayed dogs and ten
dollars ($10.00) for non-neutered dogs; on or after February first
(1st) each year, the yearly license fee shall increase fifty percent
(50%) to seven dollars fifty cents ($7.50) for neutered/spayed dogs
and fifteen dollars ($15.00) for non-neutered dogs. If the applicant
becomes the owner of the dog after January first (1st), the license
fee shall be prorated to the nearest quarter and the fifty percent
(50%) penalty shall be added thirty (30) days after the date the owner
procures the dog. If the ownership of the dog is transferred within
the City, the new owner may have the current license transferred to
the new owner's name upon payment of the fee of one dollar ($1.00).
The owner shall place on the dog, at all times when the dog is not
inside a private building, a collar or harness with the tag affixed
to the collar or harness in such a manner that the tag can easily
be seen. No tag issued for a specific dog shall be placed upon a different
dog for which the tag was not issued. If the license or tag is destroyed
or lost, a duplicate or replacement shall be obtained from the City
Collector for the fee of one dollar ($1.00).
License fees, as provided in this Section, may be waived upon
proof that a dog to be licensed is trained as a service dog for a
handicapped person and is regularly used for such service.
B.
No
person shall own, keep or harbor any exotic or wild animal within
the City limits of Weston, Missouri, unless such animal is licensed
as herein provided. Written application for a license shall be made
within thirty (30) days to the City Collector and shall list the name,
address and telephone number of the owner and the name, species, color,
sex and distinguishing marks of the animal. The license fee, hereinafter
provided for, shall be paid to the City Collector at the time of presenting
the application. The City Collector shall issue a receipt and a numbered
metallic or plastic tag for each animal licensed and shall maintain
for three (3) years, two (2) records of such receipts and tags: one
(1) listed by alphabetical order with the name of the owner and one
(1) listed numerically by tag number. These records shall be open
to public inspection during business hours. All exotic or wild animal
licenses shall be issued for one (1) year beginning on January first
(1st). Each year during the month of January, the yearly license fee
shall be twenty dollars ($20.00) for each exotic or wild animal; on
or after February first (1st) each year, the yearly license fee shall
increase fifty percent (50%) to thirty dollars ($30.00) for each exotic
or wild animal. If the applicant becomes the owner of the exotic or
wild animal after January first (1st), the license fee shall be prorated
to the nearest quarter and the fifty percent (50%) penalty shall be
added thirty (30) days after the date the owner procures the exotic
or wild animal. If the ownership of the exotic or wild animal is transferred
within the City, the new owner may have the current license transferred
to the new owner's name upon payment of the fee of twenty dollars
($20.00). The owner shall place on the exotic or wild animal, at all
times when the exotic or wild animal is not inside a private building,
a collar or harness with the tag affixed to the collar or harness
in such manner that the tag can easily be seen. No tag issued for
a specific exotic or wild animal shall be placed upon a different
exotic or wild animal for which the tag was not issued. If the license
or tag is destroyed or lost, a duplicate or replacement shall be obtained
from the City Collector for the fee of one dollar ($1.00).
C.
No
person shall allow any dog or exotic wild animal, not registered and
licensed as required by this Section, to be or remain in or about
the premises occupied by the person.
[Ord. No. 6.002 §4, 3-10-2008]
A.
It
shall be unlawful for any person or persons owning, keeping or harboring
any dog to permit such dog to run at large within the City. Provided,
notwithstanding any other provision of this Section, any dog which
shall trespass upon the private property of another person or any
dog which causes a person to be put in fear of injury by jumping upon
such person or threatening or biting such person upon the public streets
or sidewalks shall be deemed to be running at large and shall be in
violation of this Section.
B.
It
shall be unlawful for any person or persons owning any dog to allow
such animal to defecate upon any sidewalk, gutter, street, park or
other public area, recreation area, any subdivision or residential
common ground or private property of another, unless such feces is
immediately removed by the person responsible for the animal and removed
in a reasonable manner by depositing the excreta in a practical waste
container.
C.
The
provisions of this Section shall not apply to the owner, keeper or
harborer of any "seeing eye" or "service" dog or any person handling
a dog in the course of any organized dog training program.
[Ord. No. 6.002 §5, 3-10-2008]
A.
Any
animal or fowl (or groups of animals or fowl) shall be considered
a public nuisance if it:
1.
Molests any passerby or chases passing vehicles including bicycles;
2.
Attacks any other animal;
3.
Is at large;
4.
Is continually barking, howling, whining or yelping in excessive
fashion to disturb the rest, peace or quiet of an individual;
5.
Continually fights with other animals;
6.
Is ridden on public property and obstructs or interferes with vehicular
or pedestrian traffic;
7.
Causes injury to any person;
8.
Threatens or causes a condition which endangers public health;
9.
Impedes refuse collection by ripping any bag or tipping any container
of such;
10.
Damages private or public property, soils, defiles or defecates on
private property other than the owner's or on public walks and recreation
areas, unless such waste is immediately removed and properly disposed
of by the owner.
|
|
Upon written complaint of a person, the owner of such animal
or fowl shall be notified by the Police Department of the complaint
and shall quiet the animal or fowl and shall keep the animal or fowl
securely confined upon the owner's premises. Any owner failing or
refusing to quiet or securely confine the animal or fowl after notification
of the complaint by the Police Department shall be guilty of an ordinance
violation and subject to the penalty Sections contained herein.
|
[Ord. No. 6.002 §6, 3-10-2008]
A.
The
Weston Police Department and/or Animal Control Officer shall have
the authority to declare that a dog is vicious should the dog demonstrate
behavior as defined in this Chapter.
B.
If
the Weston Police Department and/or Animal Control Officer has probable
cause to believe that the dog in question is vicious and may pose
a threat of serious harm to human beings or other domestic animals,
the Animal Control Officer may seize and impound the dog pending the
outcome of the investigation and the owner, keeper or harborer of
the dog shall be liable to the City for the costs and expenses of
keeping such dog.
C.
It
shall be unlawful for any person to keep and harbor within the City
any vicious dog, knowing the same to be vicious, and suffer or permit
the dog to be or run at large, upon any public street, sidewalk or
thoroughfare or upon the premises of any person other than the owner
or keeper, within the City without being properly muzzled and restrained
by a leash of not more than (6) feet in length and of sufficient strength
to restrain the dog. The leash must be securely held by a person capable
of controlling the dog.
[Ord. No. 6.002 §7, 3-10-2008]
No person, whether the owner or other person having immediate
charge or custody of any animal herein defined to be dangerous or
of vicious propensity, shall suffer, allow or permit such animal to
bite a human being or fail to prevent such animal from biting a human
being or biting another domestic animal. Provided however, it shall
be an adequate defense for violation hereof that at the time of its
occurrence the person bitten shall be engaged in the commission of
or attempting to commit any crime or ordinance violation or unauthorized
entry upon the premises of the owner or custodian of the animal.
[Ord. No. 6.002 §8, 3-10-2008]
Any guard dogs used in the City by virtue of such use is hereby
declared to be subject to the requirements of this Chapter; must be
vaccinated against rabies by a licensed veterinarian; must be controlled
by its keeper; and must not be used in a manner which, as determined
by the Chief of Police, endangers individuals not on the premises
guarded. Any person operating a guard dog service in the City shall
register such business with the Chief of Police and shall list all
premises to be guarded with the Chief of Police before such service
begins.
[Ord. No. 6.002 §9, 3-10-2008]
A.
It
shall be unlawful for any person to have the custody, ownership or
possession of an animal and to fail to provide adequate care or control
of the animal. It shall be unlawful for a person to abuse or neglect
an animal by:
1.
Intentionally or purposely killing any animal unless such person
is the owner thereof, the agent of such owner or a veterinarian at
the request of the owner and a reasonable motive exists for the killing
of such animal, taking into consideration the humaneness as well as
the interest of public safety;
2.
Intentionally, purposely or recklessly causing injury, suffering
or pain to an animal;
3.
Abandoning an animal in any place without making provisions for the
animal's adequate care; or
4.
Having, ownership or custody of an animal and willfully failing to
provide adequate care or control.
5.
Failing to provide adequate care or adequate control, which results
in substantial harm to the animal.
B.
The
parent or guardian of a minor child is responsible for the adequate
care of any animal owned by or harbored by the minor child and the
parent or guardian of the minor child shall be subject to the penalty
provisions of this Chapter.
[Ord. No. 6.002 §10, 3-10-2008]
A.
Any
dog not licensed pursuant to this Chapter found to be running at large
and not under restraint or found to be dangerous or vicious or abandoned
by the dog's owner may be seized or impounded by a Police Officer
or Animal Control Officer designated by the City. Impoundment may
be at any animal shelter designated by the City. If the dog wears
a license tag or if the owner can by any other reasonable means be
identified and located, the owner shall within twelve (12) hours be
notified that the dog has been impounded. Prior to release of the
impounded dog, the owner redeeming the dog shall pay the City Collector
an amount equal to the cost charged to the City for boarding, incidental
expenses of the dog plus a redemption fee of twenty-five dollars ($25.00).
Upon receipt of all dues, fees and charges, the City Collector shall
issue a release receipt to the redeeming owner and the redeeming owner
shall present the release receipt, during business hours, at the place
of impoundment for the redemption of the dog.
B.
If
the dog is not redeemed by the owner within one (1) week after impoundment,
the dog may be considered abandoned and may be disposed of by:
1.
Euthanasia (using a method approved by the Humane Society of the
United States); or
2.
Released for adoption by a new owner who shows evidence of the ability
and intention to provide the dog with an appropriate home and humane
care. Provided however, no dog shall be released for adoption unless
a licensed veterinarian certifies in writing that she/he has been
paid in full for the neutering of the dog or will be performing the
neutering procedure as soon as medically feasible thereafter.
[Ord. No. 6.002 §11, 3-10-2008]
A.
Any
Police Officer or Animal Control Officer of the City of Weston may
impound any animal found within the City limits of Weston, Missouri,
when such animal shows evidence of neglect, abuse, injury or appears
to be abandoned.
1.
If the owner of the animal can be ascertained by reasonable efforts
and the animal is not diseased or disabled beyond recovery, the animal
shall be held for recovery for the owner for five (5) calendar days
after notification to the apparent owner, by telephone or mail, of
the animal's location and redemption procedures. An animal unclaimed
after ten (10) calendar days following notification to the apparent
owner, by telephone or mail, may be disposed of by:
2.
If the owner of the animal cannot be ascertained by reasonable efforts
or if the animal is determined by a Police Officer or Animal Control
Officer of the City of Weston to be abandoned, the animal shall be
placed in the care and custody of a veterinarian or animal shelter.
The animal shall not be disposed of by euthanasia (using a method
approved by the Humane Society of the United States) unless diseased
or disabled beyond recovery or not suitable for adoption until after
the expiration of a minimum of ten (10) calendar days during which
time the public shall have access to inspect or recover the animal
during regular business hours.
3.
If the animal is diseased, disabled or abused beyond recovery or
a Police Officer or Animal Control Officer of the City of Weston or
a licensed veterinarian concludes that such an animal is not suitable
for adoption, the animal may be disposed of by euthanasia (using a
method approved by the Humane Society of the United States) prior
to the passing of five (5) calendar days.
4.
In all events, the owner or custodian of the animal, which has been
neglected, injured, abused or abandoned, shall be liable for the reasonable
costs incurred for the care and maintenance of the animal.
[Ord. No. 6.002 §12, 3-10-2008]
It shall be unlawful to keep and harbor any female dog within the City limits of Weston, Missouri, during such times as the female is in heat unless the owner effectively confines the dog as that term is defined in Section 205.010. If the owner or keeper shall fail to do so, then the City shall impound said female dog as provided in this Chapter.
[Ord. No. 6.002 §13, 3-10-2008]
It shall be unlawful for any person to bring an animal within
the City limits of Weston, Missouri, and abandon the animal or allow
the animal to run at large on the streets, sidewalks and alleys or
at public places in the City.
[Ord. No. 6.002 §14, 3-10-2008; Ord. No. 6.003, 8-14-2017]
A.
It shall be unlawful for the owner of any animal or a person harboring
an animal, when notified that the animal has bitten a person or has
injured a person causing an abrasion or breakage of the skin, to sell
or give away the animal or to permit or allow the animal to be taken
beyond the limits of the City within fifteen (15) calendar days after
the date the animal has bitten or injured any person, including the
owner, except under the care of a licensed veterinarian.
B.
Upon notice to the owner or keeper of an occurrence as listed in
this Section, the owner or keeper shall immediately place the animal
in a licensed veterinarian or hospital clinic, kennel or animal control
facility where the animal shall be confined for a period of not less
than ten (10) calendar days; and the owner or keeper of the animal
shall notify the City Clerk of the location of said veterinary or
hospital clinic, kennel or animal control facility and the date the
animal was confined. If it's a weekend or holiday, the owner
shall confine the animal the next business day.
C.
If the owner is unable, fails, or refuses to have the animal placed in a licensed veterinarian or hospital clinic, kennel or animal control facility, then the Weston Police Department shall place the animal into the City authorized impound facility, following the rules of Subsections (A) and (B) above regarding the 15-days, and the 10-day confinement.
D.
Whenever an animal bites or otherwise possibly transmits rabies or
any zoonotic disease, the incident shall be immediately reported to
the Weston Police Department.
E.
It shall be unlawful for the owner of an animal that bites or otherwise
possibly transmits rabies or any zoonotic disease to knowingly fail
or refuse to comply with a lawful order of the Police Department declaring
a quarantine, isolation, impounding, testing, immunization or disposal
of an animal.
F.
It shall also be unlawful for an owner of an animal that bites or
otherwise possibly transmits rabies or any zoonotic disease to sell,
give away, transfer, transport to another area or otherwise dispose
of an animal until the animal has been released by the Weston Police
Department.
G.
Liability Of Owner For Animal Bite. The owner of an animal that bites
or otherwise possibly transmitted rabies or any zoonotic disease shall
be liable to an injured party for all damages done by the animal and
shall be responsible for all costs associated with the incident, including
but not limited to:
1.
The cost to test the animal for rabies or zoonotic disease;
2.
The cost to test the exposed person for rabies or zoonotic disease;
and
3.
The cost to treat the person exposed to rabies or zoonotic disease;
and
4.
The cost to board or harbor the animal at a licensed veterinarian
or hospital clinic, kennel or animal control facility, including any
fees for legally required animal shots.
[Ord. No. 6.002 §15, 3-10-2008]
A.
The
following regulations apply for the keeping of farm animals and livestock
in agriculture zoned districts within City limits:
1.
Owners of more than five (5) acres of contiguous land will be allowed
to keep livestock or farm animals within the City limits.
2.
Commercial feed lots or concentrated animal feeding operations (CAFOs)
will not be allowed within the City limits.
3.
Owners of more than three (3) acres of contiguous land will be allowed
to keep, raise, own, harbor or water any horses or ponies within the
City.
4.
No hogs, mules, donkeys, sheep, chicken, goats, duck, turkey, rabbits,
horses, ponies, goose or any other livestock or farm animal or any
domesticated animal or wild fowl of any kind will be allowed to run
at large within the City limits of Weston. Persons owning or having
charge of the above animals will be held accountable for said animals
running at large.
5.
Livestock or farm animals will not be kept, harbored, penned or stabled
within four hundred (400) feet of any residential zoned district.
6.
Barns, stables or shelters for harboring livestock or farm animals
may only be constructed by first obtaining a building permit and following
all zoning regulation setbacks for the district.
7.
Exotic/non-farm animals are allowed by special use exception, Section 405.240(E), "Raising and breeding of non-farm fowl and animals, commercially except kennel".
[Ord. No. 6.002 §16, 3-10-2008]
A.
Within
the City limits of Weston, Missouri, no person shall or attempt to
wound, injure, capture or kill any wild mammal, fowl or fish or other
species. Provided however, that poisonous snakes, insects or any other
animal may be killed in order to protect the life or health of any
person or expressly exempted under the provisions of Sections 578.005
and 273.030, RSMo.
[Ord. No. 6.002 §17, 3-10-2008]
Any rabid animal or animal exposed to rabies shall upon capture
be immediately confined. The owner or keeper of any rabid animal or
animal exposed to rabies shall promptly notify a Police Officer or
Animal Control Officer in the City of Weston. The owner or keeper
of the animal shall surrender any suspected rabid animal for quarantine
upon demand by a Police Officer of the City of Weston. The owner or
keeper of the animal shall be responsible for all costs incurred for
quarantine of the animal. The animal may be quarantined for a maximum
of fourteen (14) calendar days, although the animal shall be released
prior to the maximum fourteen (14) calendar days if certified to be
free of rabies by a licensed veterinarian. No person shall kill nor
remove from the City limits a rabid animal or animal exposed to rabies
without permission from a Police Officer or Animal Control Officer,
except when it is necessary to kill the animal to prevent the animal
from escaping or biting any person or other animal. The body of an
animal dead of rabies or having been exposed or suspected of having
been exposed to rabies prior to death shall be surrendered by the
owner or keeper upon demand by a Police Officer or Animal Control
Officer of the City.
[Ord. No. 6.002 §18, 3-10-2008]
A Police Officer or Animal Control Officer of the City is authorized
to enter any premises where an animal is kept or harbored to inspect
the conditions under which the animal is kept, to require the owner
or keeper to exhibit a license for the animal or to check the premises
for the presence of a vicious or dangerous animal. A Police Officer
or Animal Control Officer may seek a warrant from the Municipal Court
of the City of Weston to enable him/her to enter private property
to inspect, find or impound animals. A request for a warrant shall
be accompanied by an affidavit stating probable cause to believe a
violation of this Chapter has occurred. A Police Officer or Animal
Control Officer acting under the authority of a warrant shall not
be liable for necessary damage to property while acting under the
warrant. Animal(s) impounded pursuant to a warrant shall be handled
and treated as provided in this Chapter.
[Ord. No. 6.002 §19, 3-10-2008]
A person who interferes with, hinders, delays or obstructs an
officer in enforcement of this Chapter shall be guilty of an ordinance
violation and shall be subject to the penalty provisions of this Chapter.
[Ord. No. 6.002 §20, 3-10-2008]
A.
No
person shall own, possess, keep or train an animal with the intent
that the animal be engaged in an exhibition of fighting with another
animal.
B.
Any
person who is knowingly present as a spectator at a place, building
or structure where preparations are being made for an exhibition of
fighting of animals with the intent to be present at such preparations
or is knowingly present at the exhibition of fighting or injuring
of animals with the intent of being present is guilty of an ordinance
violation.
C.
This
Section shall not be construed to prohibit the reasonable obedience
training of dogs or the use of dogs for legal hunting.
[Ord. No. 6.002 §21, 3-10-2008]
No person shall own, possess or harbor a snake or poisonous
insect, nor shall a property owner permit another person to possess
or harbor upon their premises a snake or poisonous insect within the
City of Weston.
[Ord. No. 6.002 §22, 3-10-2008]
A.
A person
found guilty of any Section of this Chapter:
1.
Shall be deemed guilty of an ordinance violation and shall be punished
for a first (1st) offense by a fine in the minimum amount of twenty-five
dollars ($25.00) and the maximum amount of five hundred dollars ($500.00)
for each separate violation; and
2.
Shall be deemed guilty of an ordinance violation and be punished
for a subsequent offense by a fine in the minimum amount of fifty
dollars ($50.00) and the maximum amount of five hundred dollars ($500.00)
for each separate violation.
B.
A person
convicted of any offense pertaining to the keeping, harboring or owning
of a vicious animal shall be punished:
1.
For a first (1st) offense by a fine in the minimum amount of one
hundred dollars ($100.00) and the maximum amount of five hundred dollars
($500.00); and
2.
For a subsequent offense by a fine in the minimum amount of two hundred
dollars ($200.00) and the maximum amount of five hundred dollars ($500.00).
C.
In
addition to a fine imposed hereunder, the Municipal Judge may order
that an animal be humanely destroyed and direct the Chief of Police
to enforce said order which may be in addition to any other penalty
authorized by law. The Municipal Judge may enter such order if she/he
finds that it is necessary to destroy the animal to protect the health
and safety of citizens or to protect private property.
