Section 205.160 Dogs, Fighting, Training to Fight or Injuring for Amusement or Gain, Penalty — Spectator, Penalty.
[Ord. No. 1069 §1, 1-26-2004]
For the purposes of this Chapter, the following terms shall have the following meanings:
- Any species of vertebrate except Homo Sapiens.
- BAD ANIMAL
- Any domestic animal:
- 1. With a known propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of human beings or domestic animals;
- 2. Which, because of its size, physical nature or vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in a manner required by this Chapter;
- 3. Which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal; or
- 4. Harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
- All members of the classification Felis Domesticus, male or female, four (4) months of age or older.
- A certificate issued at the time of the vaccination of a dog, puppy, cat or kitten and bearing thereon information required by the City Health Commissioner including, but not limited to, the signature of the veterinarian performing the vaccination, the registration number, the name, color, breed and sex of the dog, puppy, cat or kitten, the name and address of a person responsible for the dog, puppy, cat or kitten, the date of the vaccination and the type of vaccine administered.
- The Compendium of Animal Rabies Vaccines prepared by the National Association of State Health Veterinarians, Inc., issued January, 1999, a copy of which has been filed with the Administrative Director of St. Louis County.
- All members of the classification Canis Familiaris, male or female, four (4) months of age or older.
- DOMESTIC ANIMALS
- To include dogs, puppies, cats, kittens and all animals commonly referred to as farm animals regardless of age including, but not limited to:
- 2. FOWL: Any of several domesticated gallinaceous birds including, but not limited to, all geese, ducks, chickens, turkeys, hens, roosters, ganders, gobblers;
- 3. GOATS: Any of the various hollow-horned ruminant mammals (especially of the genus Capra) related to sheep.
- 4. HORSES: All equine animals of the family Equidae;
- 5. SHEEP: Any of the ruminant mammals of the genus Ovis; and
- 6. SWINE: Any of the various stout-bodied short-legged omnivorous mammals of the family Suidae.
- To put to death in a humane manner, taking into account the circumstances necessitating the euthanasia and the need to protect the public health.
- 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.
- To apprehend, seize, catch, trap, net, quarantine, tranquilize or confine an animal in a humane manner.
- IMPOUNDING FACILITY
- Any facility designated by the Health Commissioner for the purpose of confining animals impounded pursuant to this Chapter.
- All members of the classification Felis Domesticus, male or female, under the age of four (4) months.
- PERSON RESPONSIBLE FOR AN ANIMAL
- Includes any person, firm, association, partnership or corporation which owns, harbors, shelters, keeps, controls, manages, possesses or has part interest in any animal. An occupant of any premises on which a dog, puppy, cat or kitten remains or to which it customarily returns is a person responsible for it under this Chapter. If a person under the age of seventeen (17) years owns an animal subject to the provisions of this Chapter, the head of the household of which such person under the age of seventeen (17) years is a member shall be the person responsible under this Chapter. Such household head may himself/herself be under the age of seventeen (17) years and therefore subject to prosecution under this Chapter. If not a member of a household, a person under the age of seventeen (17) years shall himself/herself be the responsible person. There may be more than one (1) person responsible for an animal.
- All members of the classification Canis Familiaris, male or female, under the age of four (4) months.
- SEXUALLY NEUTERED
- An animal that has been rendered incapable of reproduction by either chemical or surgical means.
- Any object, regardless of shape and material, which bears a registration number and the words (or their abbreviations) "Rabies Vaccination-Registration" which has been issued by the Health Commissioner pursuant to this Chapter. A tag expires when the duration of the immunity as noted on the registration certificate is exceeded.
- The injection by a veterinarian of a specified dose of anti-rabies vaccine into the body of an animal. In order to be a valid vaccination under this definition, the anti-rabies vaccine shall be of a type specified by the Compendium, stored in accordance with the manufacturer's recommendation and administered in a manner and at the ages and frequency that is prescribed by the Compendium.
- Unless specifically indicated, veterinarian means any veterinarian holding a current Missouri license or any person acting under the direct supervision of a veterinarian who has a valid Missouri license.
[CC 1996 §225.010; CC 1981 §250.010; Ord. No. 258 §3, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
Every resident person who owns, controls, manages, possesses or has part interest in any dog or cat kept any time during the year or who permits a dog or cat to come upon, on or in and to remain in or about his/her home, place of business or other premises in the area affected by this Chapter shall have such dog or cat vaccinated against rabies, but such vaccination requirements shall not apply to dogs or cats less than four (4) months of age. Such dogs or cats must be vaccinated at least once each year unless a three (3) year type vaccine, approved by the Health Commissioner of the City or his/her duly appointed agent, is administered, in which case the dogs or cats shall be vaccinated at least once every three (3) years.
[CC 1996 §225.020; CC 1981 §250.020; Ord. No. 43 §2, 7-9-1952; Ord. No. 258 §4, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
An annual license fee of one dollar ($1.00) for each dog or cat is hereby imposed upon every resident person who owns, controls, manages, possesses or has part interest in any dog or cat four (4) months of age or older kept any time during the year or upon every resident person who permits a dog or cat four (4) months of age or older to come upon, on or in and to remain in or about his/her home, place of business or other premises in the area affected by this Chapter.
An applicant for a dog or cat license for any dog or cat shall present to the Licensing Official (City Clerk or his/her duly appointed assistant) a certificate of vaccination against rabies signed by a licensed veterinarian, which certificate shall have been executed some time during the previous thirty-six (36) month period if a three (3) year type vaccine approved by the City Health Commissioner was administered or during the previous twelve (12) month period for all other vaccines and which certificate shall bear thereon information as to the type vaccine used, sex of the dog or cat and, if a female, whether or not it has been spayed. Said Licensing Official shall not issue a license unless such certificate shall be presented.
Applications for a dog or cat license shall be made and the license obtained on or before the first (1st) day of June of each year for the succeeding twelve (12) month period. Application shall state name and address of the owner of such animal, color and species and the number and place of issuance of any previous license obtained for such animal. The Clerk shall furnish numbered application forms. Application shall be signed by the applicant. Separate applications shall be made for each animal and separate license shall be obtained for each animal. The full license fee shall be paid and collected for part of a year.
The transfer of ownership or custody of any dog or cat shall be reported to the Licensing Official by the transferee within ten (10) days after such transfer by written notice at which time the transferee shall pay the Licensing Official a transfer fee of twenty-five cents ($.25).
There shall be no charge for a license for any dog duly and properly trained to assist blind persons when any such dog is actually being used by a blind person for the purpose of aiding or assisting such blind person in going from place to place.
Any owner of a dog or cat who suffers the loss of his/her dog or cat license tag shall report said loss promptly to the Licensing Official and exhibit the original license at which time he/she shall be issued a new license tag at a cost of twenty-five cents ($.25).
[CC 1996 §225.030; CC 1981 §250.030; Ord. No. 43 §3, 7-9-1952]
All fees collected by the City Clerk shall be reported and certified in writing to the City Council and paid into the City Treasury on the first (1st) day of each month.
[CC 1996 §225.040; CC 1981 §250.040; Ord. No. 258 §5, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
The City Clerk shall have prepared dog or cat license plates made of metal or other suitable material to be issued to applicants securing a license. Such license plates shall be numbered and the numbers thereon shall correspond to the number appearing on the license and on the application for such license. Such license plate shall be securely fastened on the collar or harness of the dog or cat for which the license is issued and shall be worn at all times.
[CC 1996 §225.050; CC 1981 §250.050; Ord. No. 258 §6, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
All female dogs or cats shall be kept securely confined in an enclosed place while in heat.
[CC 1996 §225.060; CC 1981 §250.060; Ord. No. 258 §7, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
Members of the Police Department and St. Louis County Animal Control Officers shall have the power to catch, confine and impound dogs or cats and other animals as follows:
All dogs or cats which are required to have licenses and which are without a license displayed in the manner provided herein.
All female dogs or female cats, licensed or unlicensed, not securely confined in an enclosed place while in heat.
All dogs or cats or other animals affected with rabies and all dogs or cats and other animals suspected by him/her or such employee to be exposed to or affected with rabies including dogs or cats or other animals known to have been bitten by a rabid animal, whether such dog or cat or other animal is running at large or on a leash and whether it is licensed or unlicensed.
All dogs or cats with vicious propensities.
Dogs or cats or other animals impounded in accordance with this Section shall be impounded in the County dog pound or elsewhere under the supervision of and in a manner satisfactory to the Mayor.
[CC 1996 §225.090; CC 1981 §250.090; Ord. No. 43 §12, 7-9-1952]
Members of the Police Department and St. Louis County Animal Control Officers shall have the power to confine, isolate or impound any domestic animal subject to rabies and affected with rabies or suspected of being rabid or exposed to the disease other than animals of the canine species. The owner or any person having custody of any such domestic animal affected with rabies, suspected of being rabid or exposed to the disease shall be required to report the same immediately. Any member of the Police Department shall immediately take such domestic animal into custody and if found to be rabid or exposed to the disease, shall in their discretion destroy such domestic animal or have such domestic animal confined by the owner thereof under the supervision and direction in a manner satisfactory to the Health Commissioner, his/her duly appointed agent or member of the Police Department.
[CC 1996 §225.100; CC 1981 §250.100; Ord. No. 258 §10, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
Whenever rabies becomes prevalent in any locality within the County subject to this Chapter, the Mayor may issue a quarantine order. A quarantine order shall direct the owner or person having custody of any dog or cat to securely confine or restrain on a leash in the hands of a competent person such animal during the period of quarantine. Such quarantine order shall be published once in the paper officially publishing the business of the City; and in the absence of such paper, shall be posted as in case of sales of personal property. The Mayor is authorized by proclamation, to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.
[CC 1996 §225.110; CC 1981 §250.110; Ord. No. 258 §11, 2-28-1966]
It is unlawful for any person to conceal an animal or interfere with the Police Department and St. Louis County Animal Control Officers in the performance of their legal duties as provided in this Chapter. Members of the Police Department and St. Louis County Animal Control Officers shall have the right of entry to any unenclosed lots or lands for the purpose of collecting any stray or unlicensed dog or other animal. The City Health Commissioner, his/her duly appointed representative or members of the Police Department 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 suspected of having rabies or having been exposed to rabies.
[Ord. No. 1260 § 1, 7-10-2017]
A person is guilty of animal neglect when he/she has custody or ownership, or both, of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
A person is guilty of animal abuse if he or she:
Animal neglect, animal abandonment, and animal abuse not otherwise charged as a felony under Section 578.012.1(2), RSMo., are ordinance violations.
For a first offense of animal neglect or animal abandonment, the penalty upon conviction shall be 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. For a second or subsequent offense, the penalty upon conviction shall be 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. All fines and penalties for a first 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.
For the offense of animal abuse, the penalty upon conviction shall be 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.
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment or animal abuse to pay all reasonable costs and expenses necessary for:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
Editor's Note: Ord. No. 1260 also changed the title of this Section from "Animal Neglect or Abandonment" to "Animal Neglect, Abandonment, And Abuse."
[CC 1996 §225.130; CC 1981 §250.130; Ord. No. 258 §13, 2-28-1966]
It shall be the duty of any person bitten by any animal or the parent or guardian of any minor child bitten by an animal to report the same to the County Department of Public Health immediately. Such report shall contain the name and address of the owner and of the animal, the day and time bitten, the location where bitten and a general description of the animal.
The City Health Commissioner, any person designated by him/her or members of the Police Department shall immediately take said animal into custody or have the same confined by the owner thereof for ten (10) days under the supervision of the St. Louis County Department of Public Health to determine whether such animal be affected with rabies. If the owner shall not confine such animal in a manner satisfactory to the County Health Department, such animal shall be forthwith surrendered to the City Health Commissioner, a person or persons designated by him/her or members of the Police Department upon demand.
[CC 1996 §225.150; CC 1981 §250.150; Ord. No. 43 §11, 7-9-1952; Ord. No. 258 §15, 2-28-1966]
Any person destroying an animal affected with rabies or suspected of being affected with rabies shall immediately notify the County Department of Public Health and shall surrender the carcass of such animal upon demand. The owner or custodian of any such destroyed animal shall immediately provide the County Department of Public Health 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 the owner or the person having custody of any animal exposed to the animal destroyed. No person shall destroy any animal suspected of being rabid unless it cannot be confined with undue risk of exposure to the disease.
[CC 1996 §225.160; Ord. No. 1069 §4, 1-26-2004]
When a bad animal is kept upon any premises, it shall be the duty of the owner and of the keeper of such animal to post a notice on the premises conspicuously visible to the public and reading in letters not less than two (2) inches high warning of the presence of the bad animal. The notice shall refer specifically to the genus of the bad animal (e.g., "Bad Dog Here" or "Beware Bad Dog"). A similar sign is required to be posted on the pen or kennel of the animal. In case a minor is the keeper or owner of such animal, the duty of posting this notice shall devolve upon the adult person in whose family the minor lives or who is in charge of the premises where such animal is kept.
[CC 1996 §225.170; CC 1981 §250.170; Ord. No. 258 §17, 2-28-1966; Ord. No. 572 §1, 1-18-1982; Ord. No. 1069 §2, 1-26-2004]
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, whether licensed or not, to permit the dog or cat to go off the premises of the owner or keeper thereof, unless it is securely tied or led by a line or leash of a length no more than six (6) feet and said line or leash is held by a person of not less than fifteen (15) years of age. Any person charged with the violation of any provision of this Section shall upon conviction thereof be guilty of an ordinance violation and upon conviction shall be subject to a fine as hereinafter provided.
[Ord. No. 1230 §1, 2-23-2015]
It shall be unlawful for any person owning, controlling, possessing, or having the management or care, in whole or in part, of any dog to permit said dog to be in the front yard of any premises unless the dog is:
[CC 1996 §225.250; CC 1981 §250.250; Ord. No. 717 §§1 — 8, 6-20-1988; Ord. No. 1069 §5, 1-26-2004]
The owner of a bad animal shall not suffer or permit the animal to go unconfined. A bad animal is unconfined if the animal is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the animal. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one (1) foot. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition.
The owner of a bad animal shall not suffer or permit the animal to go beyond the premises of the owner unless the animal is securely muzzled and restrained by a chain or leash and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
Owners of bad animals must provide proof to the City Clerk of the City of Breckenridge Hills of public liability insurance in the amount of at least fifty thousand dollars ($50,000.00) insuring the owner for any personal injuries inflicted by the bad animal.
Any person who violates any of the provisions of this Section shall be deemed guilty of an ordinance violation and shall be subject upon conviction to being fined or imprisoned in accordance Section 100.090 of the Municipal Code. Each day that such violation continues shall be deemed a separate offense.
Section 205.160 Dogs, Fighting, Training to Fight or Injuring for Amusement or Gain, Penalty — Spectator, Penalty.
Any person who:
Owns, possesses, keeps or trains any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
For amusement or gain causes any dog to fight with another dog or causes any dogs to injure each other; or
Permits any act as described in subdivision (1) or (2) of this Subsection to be done on any premises under his/her charge or control or aids or abets any such act is guilty of a Class D felony.
Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of Subsection (1) of this Section, with the intent to be present at such exhibition, fighting, or injuring is guilty of an ordinance violation.
Nothing in this Section shall be construed to prohibit:
The use of dogs in the management of livestock by the owner of such livestock or his/her employees or agents or other persons in lawful custody of such livestock;
The use of dogs in hunting; or
The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
[CC 1996 §225.180; CC 1981 §250.180; Ord. No. 258 §18, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
In any prosecution charging a violation of Section 205.140 hereunder, proof that a dog or cat was running off the premises in violation of said Section, together with proof that the defendant named in the complaint was, at the time described in the complaint, the owner or keeper of such dog or cat, shall constitute a prima facie presumption that said owner or keeper was the person who permitted said dog or cat to go off the premises.
[CC 1996 §225.190; CC 1981 §250.190; Ord. No. 309 §1, 1-11-1971; Ord. No. 1069 §2, 1-26-2004]
It shall be unlawful for any person owning or having charge of any dog or cat or domestic animal of any kind, even though the same may be kept penned or confined within the City, to allow or permit the same to give forth or cause any loud or unusual noises or to cause any ill-smelling, nauseous or obnoxious odor. If such person owning or having charge of any such dog or cat or domestic animal which causes or creates any such noise or odor shall cure, remedy and entirely alleviate such odor or noise within ten (10) days after the service of a notice to do so upon him/her by any member of the Police Department, no punishment shall be inserted or imposed against such person. If such odor or noise is not cured, remedied and entirely alleviated in ten (10) days after the service of such notice, such person shall be deemed guilty of an ordinance violation.
[CC 1996 §225.200; CC 1981 §250.200; Ord. No. 309 §2, 1-11-1971; Ord. No. 1069 §§2 — 3, 1-26-2004]
It shall be unlawful for any person at any time to keep, harbor or house in his/her premises or on the premises of others, within the City, more than three (3) dogs or cats or other domestic animals. Upon the birth of a litter of young puppies or kittens or other domestic animals, it shall be permitted under this Section that such litter may be kept together with their mother until they reach the age of four (4) months. This Section shall not apply to a duly licensed animal shelter or a duly licensed kennel.
[CC 1996 §225.210; CC 1981 §250.210; Ord. No. 309 §3, 1-11-1971; Ord. No. 1069 §2, 1-26-2004]
No person shall refuse to deliver to the Health Commissioner or any person designated by the City Council any dog or cat or other animal which such person owns or has in his/her possession when requested to do so under the provisions of this Chapter.
[CC 1996 §225.220; CC 1981 §250.220; Ord. No. 258 §19, 2-28-1966]
The City Health Commissioner shall be responsible for the administration of this Chapter and shall have and possess all the powers necessary to the effective administration and enforcement thereof. The dog licenses shall be issued and the fees collected therefor by the City Clerk or a person or persons designated by him/her. Procedures governing the issuance of such licenses and collection of such fees and payments shall be established by the City Health Commissioner with the approval of the Mayor and the City Clerk.
[CC 1996 §225.230; CC 1981 §250.230; Ord. No. 309 §4, 1-11-1971]
The City of Breckenridge Hills may contract with the County of St. Louis, Missouri, or any other person or persons or agency for the services, facilities or functions required for the enforcement of this Chapter and may renew same from time to time upon the terms and conditions as being agreed upon by and between the City Council of the City and the County of St. Louis, Missouri, or other person or persons or agency designated to render such service, facilities or functions.
[CC 1996 §225.240; CC 1981 §250.240; Ord. No. 600 §1, 6-20-1983]
Any person violating the provisions of this Chapter, other than those for which a penalty is specifically provided, shall upon conviction be fined in accordance with the following schedule:
For the first (1st) offense, the fine shall be not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).
For the second (2nd) offense, the fine shall be not less than seventy-five dollars ($75.00) nor more than one hundred fifty dollars ($150.00).
For the third (3rd) offense, the fine shall be not less than one hundred fifty dollars ($150.00) nor more than three hundred dollars ($300.00).
For any offense after the third (3rd) offense, the fine shall be not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00).
Each day that a violation shall continue shall be deemed a separate offense. Only those prior convictions occurring within two (2) years of the date on which a fine is being assessed shall be considered hereunder for purposes of determining the number of offenses chargeable to the offender.
[CC 1996 §225.260; Ord. No. 1069 §6, 1-26-2004]
No person shall own, keep, control or harbor within the City any fowl, cattle, horses, swine, sheep or goats as defined in Section 205.005.
[Ord. No. 933 §1, 8-21-1995]
It shall be unlawful for any person owning, controlling, possessing or having the management or care, in whole or in part, of any animal, whether licensed or not, to allow or permit such animal to defecate upon any private property owned by another or public property, unless such person shall immediately remove all feces deposited by such animal.