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City of Oakland, MO
St. Louis County
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Table of Contents
Table of Contents
Code
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[CC 1997 §4-1; Ord. No. 226 §1, 12-16-1963; Ord. No. 365 §1, 12-10-1984]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
AFFECTED WITH RABIES
Infected with the rabies virus as determined by standard laboratory testing.
ANIMALS
Both male and female animals which are subject to rabies, over the age of five (5) months and of a domestic nature and which are commonly kept as household pets.[1]
DOGS
Both male and female dogs over the age of five (5) months.[2]
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.
RABIES
Hydrophobia.
RUNNING AT LARGE
Not caged, not enclosed in a fenced or otherwise closed area or not on a leash.
VICIOUS DOG
Any of the following dogs:
1. 
Any dog, whether or not running at large and whether or not unrestrained, that without provocation has bitten 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 dog that has killed another dog, cat or other domestic animal without provocation.
[1]
Editor's Note: The former definition of "chicken," adopted 2-8-2010 by Ord. No. 784 §1, and which immediately followed this definition, was superseded by Ord. No. 828, adopted 11-11-2013. See now Ch. 206, Domestic Animals and Fowl.
[2]
Editor's Note: The former definition of "domestic animal and fowl," adopted 2-8-2010 by Ord. No. 784 §1, and which immediately followed this definition, was superseded by Ord. No. 828, adopted 11-11-2013. See now Ch. 206, Domestic Animals and Fowl."
[CC 1997 §4-2; Ord. No. 226 §2, 12-16-1963; Ord. No. 365 §2, 12-10-1984]
A. 
The City Police Chief shall direct the enforcement of this Chapter. To assist such officer in the administration hereof, the Board of Aldermen may enter into contracts with the County, other municipalities or private contractors for their services in the controlling, pickup and disposition of any animals which are found in violation of this Chapter within the City.
B. 
The City Police Chief or persons designated by him/her shall have the right of entry to any unenclosed lots or lands for the purpose of collecting any dog or any other animal running at large. The City Police Chief or his/her duly authorized representatives shall have, at reasonable hours, 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 or other animal suspected of having rabies or having been exposed to rabies.
C. 
No person shall conceal an animal or interfere with the City Police Chief or his/her duly authorized representatives in the performance of their legal duties as provided in this Chapter.
[CC 1997 §4-3; Ord. No. 365 §3, 12-10-1984]
Every resident person who owns, controls, manages, possesses or has part interest in any animal or dog, as defined in this Chapter, kept any time during the year or who permits a dog or other animal to come upon, on or in and to remain in or about his/her home, place of business or other premises in the City shall have such dog or other animal inoculated against rabies at least once a year; provided, that inoculation shall be required every three (3) years if a three (3) year vaccine approved by the County Health Commissioner is used; provided further, that such inoculation requirements shall not apply to dogs or other animals less than six (6) months of age.
[Ord. No. 640 §1, 1-13-2003]
There shall not be more than three (3) animals more than five (5) months of age or older at any single residence, property or address. Further, not more than two (2) such animals may be dogs. More than two (2) dogs at any given residence or property within the City limits shall be considered a kennel which is not permitted within the City limits. The selling, breeding, boarding or training of dogs or cats or both is prohibited. The word "selling", as herein used, shall not be construed to include the sale of animals five (5) months of age or younger which are the natural increase of animals kept by persons not operating a kennel, nor shall "selling" be determined to include isolated sales of animals over five (5) months old by persons not operating a kennel.
[CC 1997 §4-5; Ord. No. 226 §5, 12-16-1963; Ord. No. 365 §5, 12-10-1984]
All female animals shall be kept securely confined in an enclosed place while in heat.
[CC 1997 §4-6; Ord. No. 226 §6, 12-16-1963; Ord. No. 365 §6, 12-10-1984]
A. 
The City Police Chief or his/her duly authorized representatives shall have the power to take or have taken and have impounded all dogs and other animals as follows:
1. 
All dogs and other animals running at large, whether licensed or unlicensed.
2. 
All female dogs and other animals, licensed or unlicensed, not securely confined in an enclosed place while in heat.
3. 
Every dog or other animal affected with rabies, whether such dog or other animal is running at large or on a leash and whether licensed or unlicensed.
4. 
Every dog or other animal suspected by the City Police Chief or his/her duly authorized representatives to be exposed to or affected with rabies, including every dog or other animal known to have been bitten by a rabid animal, whether such dog or other animal is running at large or on a leash and whether licensed or unlicensed.
The above animals shall be impounded in accordance with any contract in effect between the City and the County, other municipalities or private contractors or, in the event that no such contract is in effect, in accordance with the recommendations of the County Health Department.
[CC 1997 §4-9; Ord. No. 226 §9, 12-16-1963; Ord. No. 365 §9, 12-10-1984]
No person owning, controlling, possessing or having the management or care, in whole or in part, of any dog or other animal shall permit the same to be off the premises of the owner or keeper thereof, unless such dog or other animal is securely tied or led by a line or a leash, so as to effectively prevent such dog or other animal from biting, molesting, being with or approaching any person or animal.
[CC 1997 §4-10; Ord. No. 226 §16, 12-16-1963; Ord. No. 365 §16, 12-10-1984]
In any prosecution charging violation of Section 205.070, proof that a dog or other animal was running at large in violation of such 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 other animal, shall constitute a prima facie presumption that such owner or keeper was the person who permitted such dog or other animal to go off the premises.
[CC 1997 §4-11; Ord. No. 226 §10, 12-16-1963; Ord. No. 365 §10, 12-10-1984]
Any vicious dog or other animal running at large, whether licensed or not, may be impounded for any length of time deemed necessary by the City Police Chief or persons designated by him/her or in an emergency, in the opinion of any Police Officer, such dog may be destroyed forthwith.
[CC 1997 §4-12; Ord. No. 226 §15, 12-16-1963; Ord. No. 365 §15, 12-10-1984]
When any vicious dog or one that has previously bitten any person is kept upon any premises, it shall be the duty of the owner and of the keeper of such dog to post a notice on the premises conspicuously visible to the public and reading in letters not less than two (2) inches high "BEWARE OF DOG". In case a minor is the keeper or owner of such dog, the duty of posting such notice shall devolve upon the adult person in whose family the minor lives or who is in charge of the premises where such dog is kept.
[CC 1997 §4-13; Ord. No. 226 §11, 12-16-1963; Ord. No. 365 §11, 12-10-1984]
The owner or keeper of a dog or other animal which has bitten a person or which acts in a suspicious manner suggesting rabies or which is viciously inclined, either on the premises of its owner or keeper or elsewhere, shall, upon receipt of written notice from the Mayor or his/her duly authorized representative, impound and quarantine such dog or other animal for a period of ten (10) days for rabies observation. Such dog or other animal so impounded shall be kept in such a manner that neither human beings nor animals can be bitten during such period of observation.
[CC 1997 §4-17; Ord. No. 226 §17, 12-16-1963; Ord. No. 365 §17, 12-10-1984]
Any dog or other animal which, by continual barking, howling, crying or yelping, by chasing vehicles or by running at large, shall annoy any neighborhood is hereby declared to be a public nuisance and any owner of such dog or other animal, upon being notified to do so by the City Police Chief or the City Clerk, shall take such action as may be necessary to prevent the dog or other animal from continuing the nuisance or shall dispose of the animal
[1]
Cross Reference — As to nuisances generally, ch. 215 of this Code.
[CC 1997 §4-19; Ord. No. 54, 7-10-1939]
When any stable, stall, shed or apartment or any yard or appurtenance thereof in which any animal shall be kept or any place within the City in which manure or liquid discharges of such animals shall collect or accumulate is not kept in a clean or wholesome condition so that no offensive smell shall be allowed to escape therefrom, it shall be deemed a nuisance; provided, that nothing in this Section shall be so construed as to include manure deposits upon any private property for the purpose of cultivating the same.
[Ord. No. 602 §1, 1-10-2000]
No person may taunt, torment, tease, beat, strike, interfere with, endanger, injure or kill or administer or subject any desensitizing drugs, chemicals or substance to any dog used by a Law Enforcement Officer in the performance of his/her duties or when the dog is placed in kennel or enclosure while off duty. Note: Does not apply to emergency euthanasia by a veterinarian.
A. 
A person is guilty of animal abuse when a person:
1. 
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
2. 
Purposely or intentionally causes injury or suffering to an animal; or
3. 
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
A. 
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.
B. 
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
C. 
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
[Ord. No. 740 §1, 8-13-2007]
No person, except a duly constituted zoological garden operated and conducted by and with the consent of the City, may keep or maintain any wild or undomesticated animal or reptile of any kind. The term wild or undomesticated animal or reptile includes animals or reptiles generally known as wild, such as lions, tigers, wolves, bears, jaguars, wildcats, poisonous snakes, monkeys and others of this general class and description.
A. 
A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
B. 
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. 
Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
D. 
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
1. 
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
2. 
The disposal of any dead or diseased animals within the person's custody or ownership;
3. 
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
4. 
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
[1]
Editor's Note: Former Section 205.200, Domestic Animals Prohibited, Exception, adopted 2-8-2010 by Ord. No. 784 §2, and former Section 205.202, Required Facilities for Chickens; Running at Large Prohibited, adopted 2-8-2010 by Ord. No. 784 §3, were superseded by Ord. No. 828, adopted 11-11-2013. See now Ch. 206, Domestic Animals and Fowl.