[R.O. 2006 §205.010; Ord. No. 421 §1, 8-3-1982]
As used in this Article, unless the context otherwise indicates, the following words shall have the meanings set out herein:
- AFFECTED WITH RABIES
- Infected with the rabies virus as determined by standard laboratory testing.
- Dogs, cats, chickens and any living animal, domestic or wild
excepting birds, fish, amphibians and farm animals.[Ord. No. 2354, 6-20-2017]
- AT LARGE
- Off the premises of the owner, and not under the control of the owner or a competent member of his/her immediate family, either by leash, cord or chain.
- Both male and female members of the feline family.
- COMPETENT PERSON
- A human being that is capable of controlling and governing the dog or cat in question and to whose commands the dog or cat is obedient.
- Both male and female members of the canine family.
- 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.
- Any person or persons, firm, association or corporation owning, controlling, keeping or harboring, possessing, having management or care of a dog, cat or other animal.
- VICIOUS ANIMAL
- Any of the following animals:
- 1. Any animal, whether or not running at large and whether or not unrestrained, that without provocation has bitten or otherwise injured any person not a trespasser causing serious physical injury to that person.
- 2. Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.
- 3. Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.
- 4. Any animal that has killed a dog, cat or other domestic animal without provocation.
[R.O. 2006 §205.050; Ord. No. 421 §5, 8-3-1982]
It shall be unlawful for the owner of an animal, to permit such animal to run at large. For the purpose of this Section, every animal when on any street, alley, or any other public place in the City of Warrenton which is not attached to a leash, the other end of which is securely held by a competent person, or when on private property within said City, is either not attached to a leash, the other end of which is securely held by a competent person, or which is not so confined as to prevent its straying from the premises, shall be deemed running at large; provided however, that an animal bearing identification tag containing the name and address of its owner securely fastened to collar about the neck of such animal may remain on the property of its owner without leash or other confinement.
[R.O. 2006 §205.060; Ord. No. 421 §6, 8-3-1982]
The Board of Aldermen does hereby create the office of Animal Control Officer, to which said position the Mayor may appoint a suitable person; provided however, that the Board of Aldermen may, in its discretion and in lieu of the creation of the office of Animal Control Officer enter into a contract with any person, firm, corporation, organization or agency for the control pick up and disposition of any animals which are found in violation of this Chapter within the City of Warrenton. Such contract shall be in writing and shall fix the compensation to be paid and shall be for such period and upon such terms and conditions as the Board of Aldermen may impose. The person, firm, corporation, organization, or agency so selected shall perform all the duties and be subject to all of the requirements of this Chapter applicable to the Animal Control Officer in addition to the duties imposed by such contract. The Mayor, may in addition, authorize the Police Department to pick up and restrain animals found within the City in violation of this Chapter.
[R.O. 2006 §205.070; Ord. No. 421 §7, 8-3-1982]
The Animal Control Officer, Police Officer or any person designated by the Board of Aldermen shall have the power to catch, confine and impound dogs, cats or other animals as follows:
All animals which are required to have licenses and which are without a license displayed in the manner provided herein; and all dogs, cats or other animals running off the owner's premises and not securely led by leash.
All female dogs, cats or other animals licensed or unlicensed, not securely confined in an enclosed place while in heat.
All dogs, cats or other animals affected with rabies and all dogs, cats and other animals suspected of being exposed to or affected with rabies, including dogs, cats and other animals known to have been bitten by a rabid animal, whether such dog, cat or other animal is running at large or on a leash, and whether it is licensed or unlicensed.
All dogs, cats or other animals with vicious propensities.
Dogs, cats or other animals impounded in accordance with this Chapter shall be impounded in a place designated by and under the supervision of the Board of Aldermen.
The Animal Control Officer shall post a notice within twenty-four (24) hours after impounding, in the lobby of the City Hall, describing every dog, cat or other animal caught and impounded. Like notice shall be given to the City Clerk and Police Department.
[R.O. 2006 §205.080; Ord. No. 421 §8, 8-3-1982]
The Animal Control Officer or any other person, firm, corporation, organization or agency with which the City has contracted according to the provisions of this Chapter and the members of the Police Department while in pursuit of an animal running at large, shall have the right of entry to any private premises including those of the owner of such animal for the purpose of collecting any animal found in violation of this Article.
The owner or keeper of any dog or cat in the City of Warrenton is hereby required to have such animals vaccinated against rabies by a licensed veterinarian and to procure a certificate and tag of such vaccination from the veterinarian. It shall be unlawful for the owner or keeper of any dog or cat to permit such animal to remain in the City of Warrenton unless wearing the tag above provided for herein.
[R.O. 2006 §205.090; Ord. No. 421 §9, 8-3-1982]
Any person who shall interfere with or obstruct a City Official in the reasonable performance of his/her duty in apprehending any dog, cat or other animal for impounding or investigation under this Article, or any person who shall refuse to deliver up his/her dog, cat or other animal, upon request by a proper City Official, whenever such official has reasonable cause to believe that such dog, cat or other animal has not been inoculated against rabies, or such dog, cat or other animal is running at large in violation of this Article, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided.
[R.O. 2006 §205.100; Ord. No. 421 §10, 8-3-1982]
No owner of any animal affected with rabies or any animal which has been exposed to rabies or which shows symptoms or indication of having rabies, shall permit such dog, cat or other animal to be upon any street, alley, public place or private property within the City other than the property of the owner or custodian of such dog, cat or other animal, and then only if such dog, cat or other animal is so confined as to prevent its straying from the premises.
Every owner of an animal which has bitten a person, or which acts in a manner suggesting that it is or may be affected with rabies, shall impound such animal in the facility designated by the City of Warrenton for a period of ten (10) days for observation. If such owner shall fail to have such dog, cat or other animal impounded as herein required, the Official or Officials charged with the enforcement of this Article shall impound such dog, cat or other animal as herein provided.
The impoundment of any animal under this Section shall be at the expense of the owner of said animal.
[R.O. 2006 §205.110; Ord. No. 421 §11, 8-3-1982]
The Mayor shall have the power and authority at any time it shall deem it necessary for the protection of the public peace, health, welfare and safety against the disease known as rabies to issue an order to quarantine, and it shall be the duty of any person who owns any animal subject to rabies to comply strictly with such quarantine order. Notice of such quarantine order shall be given by posting copies thereof in at least six (6) public places within the City or by publication in a newspaper published within the City; provided however, that the Mayor shall have power and authority at any time to cancel and recall such quarantine order. During the time any quarantine order enacted by the Mayor pursuant to this Section shall be and remain in force, all persons residing within the City owning dogs, cats or other animals are hereby required to keep such dogs, cats or other animals confined upon their premises, unless such dog, cat or other animal shall be attached to a leash not more than six (6) feet long, held by a competent person, and said animal shall be muzzled so it cannot bite.
[R.O. 2006 §205.120; Ord. No. 421 §12, 8-3-1982]
Any person destroying an animal affected with rabies or suspected of being affected with rabies shall immediately notify the Chief of Police and shall provide the Chief of Police with all pertinent information respecting person bitten or suspected of being bitten by such animal and also with all pertinent information respecting any other animal exposed to the animal destroyed.
[R.O. 2006 §205.130; Ord. No. 421 §13, 8-3-1982]
Every physician shall report to the Chief of Police pertinent information concerning any resident of the City of Warrenton who has been bitten by an animal suspected of being rabid and every veterinarian shall report all pertinent information concerning rabid animals under his/her care.
[R.O. 2006 §§205.140, 205.150; Ord. No. 421 §15, 8-3-1982; Ord. No. 721 §§I — II, 4-21-1992; Ord. No. 1351 §I, 10-21-2003; Ord. No. 1352 §I, 10-21-2003; Ord. No. 1685 §I, 3-20-2007; Ord. No. 1686 §I, 4-3-2007; Ord. No. 1741 §I, 1-15-2008; Ord. No. 1990 §§I — II, 8-16-2011]
Any dog, cat or other animal captured and impounded as authorized by this Article and determined not to be affected with rabies may be redeemed by the owner or other person having the right of possession of such animal upon payment of a redemption fee hereof plus ten dollars ($10.00) per day boarding fee for the expense of taking, impounding and keeping said animal. Additionally, it shall be the duty of such owner to furnish an inoculation certificate prior to redemption. If such animal is not inoculated, it shall be inoculated prior to release. It shall be the duty of such owner to furnish an inoculation certificate within five (5) days thereafter. Failure to exhibit such certificate within the required time shall subject the owner or person redeeming such animal to the penalties provided for in Sections 100.220 to 100.240 of this Code.
Any dog, cat or other animal captured and impounded as authorized by this Article shall be euthanized by lethal injection administered by a licensed veterinarian:
If diseased or disabled beyond recovery for any useful purpose as determined by a public health official, Law Enforcement Official, veterinarian or Animal Control Officer; or
If not redeemed in the manner provided herein within seven (7) days and not delivered to an organization or agency selected by the Board of Aldermen within fifteen (15) days after its capture.
Any such organization or agency selected by the Board of Aldermen as aforesaid shall not sell, give, award, exchange or transfer or offer for sale, gift, award, exchange or transfer any animal collected except to licensed and recognized humane organizations.
The City Adoption Program is hereby established and shall be administered in accordance with policies approved by the Board of Aldermen. Said adoption policies shall be administered by the Chief of Police or his/her designee. Such policies shall prescribe a procedure for keeping of animals prior to adoption, a schedule of fees for adoption of animals, a form of application for adoption and any other necessary policies or procedures for carrying out the intent of this Section.
The redemption fee shall be twenty dollars ($20.00) for the first (1st) time any dog, cat or other animal is impounded, twenty-five dollars ($25.00) for the second (2nd) time such dog, cat or other animal is impounded, and fifty dollars ($50.00) for each time thereafter such dog, cat or other animal is impounded. This schedule of fees is to apply to any one (1) calendar year.
[R.O. 2006 §205.160; Ord. No. 421 §16, 8-3-1982]
The Mayor or a person designated by him/her shall dispose of any dog, cat or other animal affected with rabies, and he/she shall have the power to examine and impound any animal bitten by or exposed to any animal affected with rabies.
[R.O. 2006 §205.165; Ord. No. 1353 §I, 10-21-2003; Ord. No. 1925 §§I — II, 7-20-2010]
If a resident owner of a dog, cat or other animal desires to relinquish ownership of such animal, a fee of fifty dollars ($50.00) will be charged therefor.
If a non-resident owner of a dog, cat or other animal desires to relinquish ownership of such animal, a fee of sixty-five dollars ($65.00) will be charged therefor.
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.
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.
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:
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.
A person is guilty of animal abuse when a person:
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.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
[R.O. 2006 §205.200; CC 1978 §73.440]
No person in the City shall maintain any place where fowl or animals are suffered to fight upon exhibition or for sport or upon any wager.
[R.O. 2006 §205.210; CC 1978 §73.600; Ord. No. 1052 §I, 2-16-1999; Ord. No. 1550 §I, 9-6-2005]
No person shall keep or permit the keeping of the following animals on premises owned or controlled by said person within the City:
This Section shall not apply to zoos or zoological parks owned by the State of Missouri or political subdivision thereof; traveling circuses being present in the City for less than two (2) weeks of any calendar year; scientific or educational institutions; research laboratories; veterinary hospitals; or validly licensed pet shops under applicable Federal, State and local laws.
[Ord. No. 2302 §I, 11-15-2016]
Limitations On Keeping Chickens. It shall be unlawful for any person to keep chickens within the City for commercial or resale purposes. It shall be unlawful for any person to keep more than six (6) chickens as pets or for domestic egg production. No adult male chickens may be kept. Chickens kept as pets or for domestic egg production must be adequately confined within the private property boundaries of the owner's yard sufficient to prevent their escape. Any person desiring to keep domestic fowl may do so only upon obtaining a permit for same from the City.
Permit Required. No person may keep upon his/her premises any chickens except as provided in this Section.
Any person desiring to keep any domestic fowl within the City shall file with the City's Animal Control a written application for a permit, accompanied by a non-refundable application fee in the amount of thirty dollars ($30.00).
Permits granted under this Section may not be transferred to a new owner.
Approval of the permit will be granted upon successful completion of an inspection(s). If multiple inspections are required, an additional fee of fifteen dollars ($15.00) per inspection shall be charged. After completion of two (2) years with a permit and with no violations of this Section, no annual fee shall be required so long as there are no violations of this Section, and the permit shall remain in effect until revoked.
Notwithstanding any provision herein to the contrary, each property harboring chickens which exists before the effective date of this Section on November 15, 2016, shall comply with the provisions of this Section and obtain a permit within sixty (60) days after the effective date of this Section. The permit shall explicitly state and the applicant shall acknowledge with her signature that the ordinance allowing chickens may be amended or repealed at any time and that the applicant acquires no vested rights to have or raise chickens by virtue of the issuance of a permit and that the keeping and handling of chickens may cause health hazards and that all health precautions are the responsibility of the applicant.
Permit Criteria And Performance Standards. A permit may be issued if all of the following conditions are satisfied:
Chickens may be kept for purely domestic purposes only. No animals or eggs may be sold to any person not a resident of the premises where kept.
Chickens must be adequately confined within a coop or pen surrounded by wire netting or other fence to prevent their escape therefrom and kept in good repair and free of peeling paint, untreated or rotted wood and rust. No more than one (1) coop is allowed per permitted parcel. Chickens shall not be permitted to run at large in or upon the public streets, open lots or private properties of the City, other than that of the owner's rear yard. Chickens may only be allowed to run at large in the rear yard if it is enclosed within a fence of at least six (6) feet in height.
The coop and enclosed area shall be maintained in a ventilated, clean, safe and sanitary condition containing adequate space for humane treatment. The coop and enclosed areas shall be maintained in good repair and free of any noxious odors.
The coop and enclosed area shall be designed and maintained at all times to effectively prohibit accessibility by predators.
Coops and enclosed areas shall be located only in the rear yard. Coops and the material establishing the boundaries of the enclosed areas shall meet all rear and side yard setback requirements for accessory structures in accordance with the zoning district in which the property is located.
Any manure or waste shall be collected and properly removed from the premises or tilled into the soil on the premises promptly and regularly to prevent offensive smells or conditions conducive to disease.
Food for domestic fowl shall be stored in a container which is kept dry and sanitary and in a rodent-, insect- and leak-proof condition at all times.
No slaughtering of any chickens shall be allowed except within a fully enclosed premises completely blocked from public view.
Eggs may not be sold on the premises.
No person shall keep domestic fowl in a manner so as to create a nuisance as defined in Chapter 215, Nuisances, of the City Code.
The keeping of domestic fowl pursuant to a permit issued under this Section shall comply with all ordinances of the City.
By applying for a permit under this Section, the property owner authorizes City officials, at all reasonable times and in a reasonable manner, to enter upon and inspect the property with respect to which the permit is applied for to determine whether the keeping of domestic fowl violates this Section or any other applicable ordinances.
Revocation Of Permits To Keep Domestic Fowl.
In addition to any other penalty provided by law for violation of this Section or any other provision of this Code of Ordinances, if the holder of a permit allows any nuisance or unsanitary condition to exist upon the premises, or any violation of this Section, any of the conditions or performance standards provided herein, or other applicable laws, to exist after notice of violation from the City, then such permit for domestic fowl may be disciplined or revoked after hearing, upon determination by the Chief of Police or the City's designee that such domestic fowl is being maintained in an unsanitary condition, or in violation of this Section, any of the conditions or performance standards provided herein, or other applicable laws. All domestic fowl must be disposed of or removed from the City no more than ten (10) days following receipt of notice of revocation after hearing from the City.
Any applicant or permit holder aggrieved by a decision of Animal Control, in regard to issuance of a permit, or the Chief of Police or designee in regard to discipline or revocation of a permit may appeal the decision to the Chief of Police or designee within five (5) business days of said decision by filing a written request for reconsideration and appeal setting forth in a thorough and concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The Board of Aldermen may consider the appeal on the record of the prior decision or may, in the Board of Aldermen's sole discretion, receive additional evidence in such manner as deemed appropriate in light of the circumstances.
No person shall keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, non-human primate, coyote, any deadly, dangerous or poisonous reptile, or any deadly or dangerous reptile over eight (8) feet long, in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge.
[R.O. 2006 §205.240; Ord. No. 421 §19, 8-3-1982]
The Mayor or a person designated by him, shall impound any animal found to be vicious under the terms of Section 205.130. He/she shall have the power to require the owners of such animal to take necessary measures to dispose of any such animal having been found to have vicious propensities, and he/she is further authorized to dispose of such animal if necessary measures are not taken by the owner.
[R.O. 2006 §205.250; CC 1978 §73.640]
No person shall keep, allow or permit to be kept on any premises occupied by him/her or under his/her charge and control, any animal or animals or fowl in a pen or other enclosure of any kind, under such conditions that an offensive or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitant of the neighborhood.