[R.O. 2011 §205.010; CC 1971 §5.1; Ord. No. 84-41 §5.1, 2-19-1985]
As used in this Chapter, the following words shall have the
meanings set out below:
An animal is abandoned if it is not wearing a required license
tag or if it is seen causing a nuisance and is not under the apparent
control of any person.
Every living vertebrate except a human being.
Any officer of the City appointed by the Board to assist
in the enforcement of this Chapter and carry out the requirements
hereof. If no Animal Control Officer has been appointed by the Board,
then Animal Control Officer means Chief of Police.
[Ord. No. 1520 § 1, 3-7-2017]
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
Immunized against rabies at the expense of the owner or custodian
by the administration of antirabic virus by a licensed veterinarian.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Hydrophobia.
That an animal is confined on the property of its owner or
securely fastened to a leash held by a person.
Any of the following dogs:
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.
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.
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.
Any dog that has killed another dog, cat or other domestic animal
without provocation.
[R.O. 2011 §205.020; CC 1971 §5.3; Ord. No. 91-73 §5.3, 12-3-1991]
A.
No
person shall keep any dog or cat over twelve (12) weeks old within
the City unless the dog or cat is licensed.
1.
Term and penalty. All dog and cat licenses shall
be issued for a term of one (1) year commencing on January first (1st)
of each year. Any person who fails to obtain a license on or before
February first (1st) of any year, or in the case of a new resident
or recently acquired dog or cat, within thirty (30) days after such
new residency is established or acquisition, shall be required to
pay a penalty of fifty cents ($.50) for each month or fraction thereof
during which the delinquency continues. In the case of persons who
become new residents of the City or acquire a dog or cat after November
first (1st) of any year, no license shall be required until January
of the following year.
2.
Fees, transfer and loss. The license fee shall be
six dollars ($6.00) for all dogs except that the license fee for any
neutered male or spayed female dog shall be four dollars ($4.00).
If the ownership of any licensed dog is transferred, the new owner
may have the license transferred to his/her name. The fee for such
a transfer shall be two dollars ($2.00). Except as provided in this
Subsection no license shall be transferrable between dogs or owners.
If a license is lost or destroyed, a replacement license may be obtained
from the City Clerk for a fee of one dollar ($1.00). There shall be
no fee for the licensing of cats.
3.
Issuance. The license tag shall be issued upon the
applicant's submission of proof of vaccination of the dog to be licensed
and such further information as the City Clerk may require. Proof
of vaccination shall not be required for the licensing of cats.
[Ord. No. 1553 § 2, 8-1-2017]
It shall be unlawful for any person to keep any dog or cat within
the City limits unless the dog or cat has been properly vaccinated
to prevent rabies. Proof of vaccination by a licensed veterinarian
shall be provided at least annually and shall be required for all
dogs and cats over three (3) months old.
[Ord. No. 1553 § 3, 8-1-2017]
A.
The keeping of animals shall be permitted in accordance with the
following provisions:
1.
Wild Or Exotic Animals. Wild or exotic animals as defined in
this Chapter are prohibited.
2.
Total Number Of Animals. The total number of animals kept on
an individual lot shall not exceed ten (10), unless otherwise provided
for herein.
3.
Age. Animals under the age of twelve (12) weeks shall not count
towards the total number of animals kept.
4.
Domesticated Cats And Dogs. The total number of domesticated
cats and dogs kept on an individual lot shall not exceed five (5).
5.
Livestock. Other animals that are primarily kept outdoors and
are generally considered livestock, including, but not limited to,
horses, cows, pigs, chickens and goats, shall be subject to the following
conditions:
a.
Lands On Which Livestock May Be Kept. Livestock may be kept
on any unplatted lot in a residential district provided the lot is
a minimum of one (1) acre in size.
b.
Size Of Livestock. If the livestock animal weighs more than
ten (10) pounds, the number of that particular animal shall be limited
to one (1) per acre.
c.
Stables Or Structures For Livestock. Private stables or structures
for the keeping of livestock are permitted provided the lot is a minimum
of one (1) acre in size and the stable is located a minimum of one
hundred (100) feet from any side lot line and a minimum of thirty-five
(35) feet from the rear lot line.
[R.O. 2011 §205.030; CC 1971 §5.4; Ord. No. 84-41 §5.4, 2-19-1985, Ord. No. 92-55 §2, 10-13-1992]
A.
It
shall be unlawful for any person keeping any vicious animal, or any
animal affected with, or bitten by, or otherwise substantially exposed
to any other animal affected with rabies to fail to:
1.
Immediately impound and confine the animal (unless transporting the
animal to a licensed veterinarian) for at least fifteen (15) days
following the vicious act or exposure to rabies.
2.
Immediately notify the Animal Control Officer or the Police Department
of the impoundment, the reasons therefor, and any further information
as may be required.
[Ord. No. 1520 § 1, 3-7-2017]
3.
Upon order of the Animal Control Officer or Police Department, surrender
such animal for quarantine, which quarantine shall be at the owner's
expense. In the event the animal is not claimed or in the event of
the owner's execution of a relinquishment of ownership then said animal
may be turned over to the Humane Society or other similar organization.
[Ord. No. 1520 § 1, 3-7-2017]
4.
Any animal quarantined hereunder may be kept a maximum of fifteen
(15) days but may be released earlier if certified by a licensed veterinarian
to be free from rabies. No person shall kill any animal which is vicious
or has been exposed to rabies without permission from the Animal Control
Officer or the Police Department except when necessary to prevent
such animal from escaping or attacking any other animal or person.
If any such animal dies or is killed it shall be surrendered upon
demand to the Animal Control Officer or the Police Department.
[Ord. No. 1520 § 1, 3-7-2017]
5.
Any "guard dog" (for the purposes of this Chapter
herein defined as a dog not owned by the governmental unit which dog
is used to guard public or private property) used in the City, by
virtue of such use, is hereby declared to be subject to the license
requirements of this Chapter; must be vaccinated against rabies by
a licensed veterinarian; must, if brought into the City from outside
the State of Missouri, be accompanied by the official health certificate
required by the Code of State Regulations at 1 CSR Section 30-2.01(8),
which certificate shall be exhibited upon request of any City Animal
Control Officer or Police Officer; must be controllable by its keeper;
and must not be used in a manner which, as determined by the Animal
Control Officer, endangers individuals not on the premises guarded.
Any person operating a guard dog service in the City shall register
such business with the Animal Control Officer and shall list all premises
to be guarded with the Animal Control Officer before such service
begins.
[R.O. 2011 §205.040; CC 1971 §5.5; Ord. No. 84-41 §5.5, 2-19-1985; Ord. No. 92-55 §1, 10-13-1992]
A.
All
abandoned animals shall be impounded by the Animal Control Officer
or Police Department. Any animal impounded pursuant to this Section
shall be, if the owner can be ascertained and the animal is not diseased
or disabled beyond recovery for any useful purpose, held for recovery
by the owner. The owner shall be notified within five (5) business
days of impoundment by phone or by mail of the animal's location and
recovery procedures. The animal shall be held for ten (10) business
days. An animal unclaimed after ten (10) business days may be put
up for adoption or humanely killed. However, no liability shall attach
to the Animal Control Officer, the City, nor to any officer or employee
of the City for failure to notify such owner.
[Ord. No. 1520 § 1, 3-7-2017]
1.
The Animal Control Officer shall release an impounded animal to its
owner upon production of satisfactory proof of ownership and payment
of all fees prescribed in this Chapter if the owner seeks the release
of the animal within the impoundment period.
2.
Any impounded animal remaining unclaimed at the end of the impoundment
period may, upon payment of all fees and charges due, be released
to any person who shall provide satisfactory proof of an intention
to provide the animal with humane and proper care; provided, no unspayed
female dog or unneutered male dog shall be released to such person
without written certification by a licensed veterinarian that the
veterinarian has been paid in full for the spaying or neutering of
the dog and will perform the operation within the earlier of thirty
(30) days or such dog's first (1st) fertile period.
3.
Animals which have not been claimed or released to new owners may
be destroyed in some humane manner by the Animal Control Officer.
B.
An animal shall be impounded as required by Subsection (A) above except as follows: When an animal arrives at the animal shelter in so sick or injured a condition that in the judgement of the Animal Control Officer or a licensed veterinarian, human compassion requires that the suffering be promptly ended. In such instances said time period shall not apply, and the animal will be humanely destroyed to prevent needless suffering.
[R.O. 2011 §205.050; CC 1971 §5.6; Ord. No. 84-41 §5.6, 2-19-1985]
The fee for the care of impounded animals shall be the actual
costs of impoundment incurred by the City during the time the animal
is impounded together with a fee of five dollars ($5.00) for any animal
picked up by the Animal Control Officer or any City Official or employee;
provided, that there shall be added to the fee the actual cost of
any extraordinary expenses incurred in the impoundment or care of
any animal.
[R.O. 2011 §205.060]
A.
A person is guilty of animal neglect if he/she has custody or ownership
or both of an animal and fails to provide adequate care.
B.
A person is guilty of animal abandonment if 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 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 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 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. This Section shall not apply
to the provisions of Section 578.007 or Sections 272.010 to 272.370,
RSMo.
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.
A.
A person is guilty of animal trespass if a person having ownership
or custody of an animal knowingly fails to provide adequate control
for a period equal to or exceeding twelve (12) hours.
B.
For a first conviction of animal trespass, each offense shall be
punishable by a fine not to exceed two hundred dollars ($200.00).
The second and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court, provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007 or Sections 272.010
to 272.370, RSMo.
A.
A person is guilty of animal abuse if 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 which results in substantial harm to the animal.
[1]
Note — Under certain circumstances this offense
can be a felony under state law.
[R.O. 2011 §205.080; CC 1971 §5.9; Ord. No. 84-41 §5.9, 2-19-1985]
The owner shall confine any female dog in heat within a building
in such a manner that the dog will not be accessible to other dogs
and will not attract male dogs. This Section does not apply to dogs
involved in planned breeding activities.
[R.O. 2011 §205.090; CC 1971 §5.10; Ord. No. 84-41 §5.10, 2-19-1985; Ord. No. 2002-33 §1, 3-5-2002]
A.
Prohibited Acts. The following acts are hereby declared
to be prohibited and it shall be unlawful for any person to engage
in or allow an animal owned by or possessed by such person to engage
in the following activities:
B.
Unlawful Release. A person commits the crime 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.
1.
As used in this Subsection (B), "animal" means every
living creature, domesticated or wild, but not including Homo sapiens.
2.
The provisions of this Section shall not apply to a public servant
acting in the course of such servant's official duties.
3.
Intentionally releasing an animal is a misdemeanor except that the
second (2nd) or any subsequent offense may be a felony.
[R.O. 2011 §205.100; CC 1971 §5.11; Ord. No. 84-41 §5.11, 2-19-1985]
No person shall hinder, molest, or interfere with the Animal
Control Officer or Police Officer in the performance of their duties
under this Chapter.
[R.O. 2011 §205.110; Ord. No. 86-50 §1, 12-2-1986; Ord. No. 88-55, 10-4-1988]
A.
It
shall be unlawful to keep, harbor, own or in any way possess wild
or exotic animals within the City limits of the City of Riverside,
Missouri. These include:
1.
Any warm-blooded, carnivorous or omnivorous, wild or exotic animals
(including but not limited to non-human primates, raccoon, skunks,
foxes and wild and exotic cats; but excluding fowl, ferrets and small
rodents of varieties used for laboratory purposes).
2.
Any animal having poisonous bites.
3.
Any snake, whether poisonous or non-poisonous, native or non-native.
4.
Any animal not specifically prohibited by City ordinance without
the possession of any permit required by Chapter 252, RSMo., and all
rules and regulations promulgated pursuant thereto.
A.
Any
dog with the following characteristics may be classified as dangerous:
1.
Any dog that has inflicted a severe or fatal injury on a human being
on public or private property. Severe injury means any physical injury,
resulting directly from a dog's bite, that results in broken bones,
lacerations requiring stitches, or in-patient hospitalization. A victim
who receives severe injuries must provide the Supervisor of Animal
Control a signed physician's statement documenting injury and treatment
qualifying such as a severe injury or sign an authorization for release
of such statement.
2.
Any dog that has killed a domestic animal, dog, or cat without provocation,
while off the owner's property.
3.
Any dog owned or harbored primarily or in part for the purpose of
dogfighting or any dog trained for dogfighting.
4.
Any dog that has bitten a human being without provocation on public
or private property other than the property of the owner.
5.
Any dog that, while on the owner's property, has bitten without provocation
a human being other than the owner or a member of the owner's family
who normally resides at the place where the dog is kept.
6.
Any dog that, when unprovoked, chases or approaches a person upon
the streets, sidewalks, or any public grounds or private property
other than the property of the owner, in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by such dog.
7.
Any dog with a known propensity, tendency or disposition to attack
unprovoked, to cause injury, or to otherwise threaten the safety of
human beings, domestic animals, dogs or cats.
B.
If the circumstances surrounding the classification as a dangerous dog under any of the definitions listed in Subsection (A) of this Section are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the Chief of Police for a hearing and possible appeal as follows:
1.
A hearing board, consisting of the Chief of Police and two (2) other
people designated by him shall be convened within ten (10) working
days after receipt of a bona fide written request.
2.
Pending the outcome of such a hearing, the dog must be confined in
such a manner so as not to be a threat to any person. The confinement
may be on the owner's premises or with a licensed veterinarian.
3.
The hearing board shall determine whether to declare the animal to
be a dangerous dog based upon evidence and testimony presented at
the time of the hearing by the owner, in addition to witnesses, Animal
Control personnel, police or any other person possessing information
pertinent to such determination.
4.
The hearing board shall issue written findings within five (5) days
after the hearing. The owner or possessor of the animal found to be
dangerous shall be required to maintain the animal as provided in
this Section.
C.
Exemptions
to dangerous dog classification:
1.
With the exception of Subsection (A)(1) of this Section, no dog may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog; was teasing, tormenting, abusing, or assaulting the dog; has in the past been observed or reported to have teased, tormented, abused or assaulted the dog; or was committing or attempting to commit a crime.
2.
With the exception of Subsection (A) of this Section, an Animal Control Officer may, because of extenuating circumstances, determine from the investigation of an incident, that an animal is not dangerous. However, the owner, being responsible for the dog, may be warned of the animal's tendencies and to take appropriate action to prevent subsequent incidents. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
3.
Dogs owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt from being classified
as dangerous.
D.
Actions
to be taken for dangerous dogs causing severe or fatal injuries:
A.
The
following actions shall be required of owners of dogs that have been
declared dangerous dogs:
1.
Any dangerous dog that bites or scratches a human being and any dog
whose behavior immediately prior to or during an incident resulting
in the biting or scratching of a human being that is determined to
be dangerous, shall be impounded for a ten (10) day rabies quarantine
at the Municipal Animal Shelter or a veterinarian clinic within or
near to the City limits of the City. Any dog impounded shall not be
released to its owner or keeper until the license and spay/neuter
requirements of this Article are complied with and the owner/keeper
has paid all fines and/or costs associated therewith.
2.
Any dangerous dog shall wear at all times a bright orange collar
with a large brightly colored metal tag attached to the collar so
the dog can readily be identified as a dangerous dog.
3.
The owner or keeper shall notify the Animal Control Unit immediately
if a dangerous dog is loose, unconfined, or missing, has attacked
another animal or has attacked a human being.
4.
The owner or keeper shall notify the Animal Control unit within twenty-four
(24) hours if a dangerous dog has died or has been sold or given away.
If the dog has been sold or given away, the owner or keeper shall
provide the Animal Control Unit with the name, address and telephone
number of the new owner. The new owner, if the dog is kept within
the City limits of the City, must comply with the requirements of
this Section.
5.
While on the owner's property, a dangerous dog must be securely confined
indoors or in a securely enclosed and locked pen or structure, suitable
for preventing the entry of young children and designed to prevent
the animal from escaping. Such pen or structure must have minimum
dimensions of five (5) feet by ten (10) feet and must have secure
sides and a secure top. If it has no bottom secured to the sides,
the sides must be embedded into the ground no less than twelve (12)
inches. The enclosure must also provide protection from the elements
for the dog. The enclosure, when occupied by a dangerous dog, shall
not be occupied by any other animal. If the dangerous dog is a female
with a litter of puppies under three (3) months of age, the puppies
may occupy the same enclosure as the mother.
6.
No dangerous dog may be kept on a porch, patio or in any part of
a house or structure that would allow the dog to exit such building
on its own volition.
7.
The owner or keeper shall display a sign on his premises that there
is a dangerous dog on the property. This sign shall be visible and
capable of being read from the public highway or thoroughfare from
which the property is entered. In addition, a similar sign is required
to be posted on the kennel or pen or fenced yard of such animal.
8.
A dangerous dog may be off the owner's premises if it is muzzled
and restrained by a substantial chain or leash not exceeding six (6)
feet in length and under the control of a responsible person. The
muzzle must be made in a manner that will not cause injury to the
dog or interfere with its vision or respiration but must prevent it
from biting any person or animal.
9.
The owner or keeper of a dangerous dog shall present to the Animal
Control Unit proof that the owner or keeper has procured liability
insurance in the amount of at least three hundred thousand dollars
($300,000.00), covering the twelve (12) month period during which
licensing is sought. This policy shall contain a provision requiring
the City to be notified by the insurance company of any cancellation,
termination, or expiration of the policy.
10.
All owners or keepers of dangerous dogs must within ten (10) days
of such declaration provide the Animal Control Unit with two (2) color
photographs, one showing the left profile and the other showing the
right profile of the animal, clearly showing the color and approximate
size of the animal.
11.
All owners or keepers of dangerous dogs must have such dogs implanted
with an identifying microchip in a manner approved by the Animal Control
Unit. Owners or keepers shall then provide the Animal Control Unit
the microchip number, and shall notify the Animal Control Unit and
the national registry applicable to the implanted chip of any change
of ownership of the dog, or any change of address or telephone number.
Any costs associated with the microchip shall be borne by the owner
or keeper.
12.
It shall be unlawful for the owner or keeper of a dangerous dog within
the City to fail to comply with requirements and conditions set forth
in this Section. Any dog found to be the subject of a violation of
this Section may be, in addition to other penalties provided by ordinance,
subject to immediate seizure and impoundment for a minimum of ten
(10) days or the time necessary for the owner or keeper to show compliance
with this Section, whichever is shorter.
[Ord. No. 1370 §1, 11-18-2014; Ord. No. 1494 §1, 11-1-2016]
A.
FEED or FEEDING
NATURAL
WILD ANIMAL
Definitions. The following words, terms and phrases,
when used in this Section, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
The intentional act of furnishing or otherwise making available
food or other substance which is likely to be consumed by wild animals.
Food or other substances consumed by wild animals, produced
by or existing in nature, not artificial.
Any animal that is not domesticated, including deer, mule
deer, white-tailed deer, elk, moose, caribou, wild turkeys, rabbits,
squirrels, feral cats, raccoons, opossums, skunks, groundhogs, foxes,
coyotes, bobcats, geese, non-domesticated waterfowl, and any bird
of prey.
B.
Prohibition of Feeding. No owner or occupier of
land within the City of Riverside, Missouri, shall intentionally feed,
cause to be fed or provide or make available food or other substances
for the consumption by a wild animal within the City, either on private
property or on public property.
C.
Exception.
1.
This Section shall not apply to any item that can be used as
food if its source in nature is native to the subject premises on
which the food is available. For example, by way of illustration only,
this Section shall not apply to apples or acorns generated from an
apple tree or oak/acorn tree located upon the subject premises or
carrots and corn grown in a garden located upon the subject premises.
2.
A property of ten (10) acres or more shall be exempt from this
Section and shall follow the current applicable rules of the Missouri
Conservation Department pertaining to the feeding and baiting of deer.
3.
This Section does not apply to naturally growing vegetation,
or to planted vegetation growing in yards, gardens, or flower beds;
or bird feeders located a minimum of four (4) feet above the ground.
[R.O. 2011 §205.130; Ord. No. 86-50 §3, 12-2-1986]
Any person violating or permitting the violation of any provision
of this Article shall upon conviction in Municipal Court be fined
a sum not less than two hundred dollars ($200.00) and not more than
five hundred dollars ($500.00). In addition to the fine imposed, the
Court may sentence the defendant to imprisonment for a period not
to exceed thirty (30) days. In addition, the Court shall order the
registration of the subject dangerous dog revoked and the dog removed
from the City. Should the defendant refuse to remove the dog from
the City the Municipal Court Judge shall find the defendant owner
in contempt and order the immediate confiscation and impoundment of
the animal. Each day that a violation of this Article continues shall
be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this Article shall pay all expenses, including
shelter, food, handling, veterinary care and testimony necessitated
by the enforcement of this Article.
