[Ord. No. 1032 Art. VI §2, 10-21-1991]
A. The
provisions of this Article shall not apply to:
1. Care or treatment performed by a licensed veterinarian within the
provisions of Chapter 340, RSMo.;
2. Bona fide scientific experiments;
3. Hunting, fishing or trapping as allowed by Chapter 252, RSMo., including
all practices and privileges as allowed under the State Wildlife Code;
4. Facilities and publicly funded zoological parks currently in compliance
with the Federal "Animal Welfare Act", as amended;
5. Rodeo practices currently accepted by the Professional Rodeo Cowboy's
Association;
6. The euthanizing of an animal by the owner thereof, the agent of such
owner or by a veterinarian at the request of the owner thereof;
7. The lawful euthanizing by an Animal Control Officer, the operator
of the animal shelter, a veterinarian or any Police Officer or health
official;
8. With respect to farm animals, normal or accepted practices of animal
husbandry;
9. The killing of an animal by any person at any time if such animal
is outside of the owned or rented property of the owner or custodian
of such animal and the animal is injuring any person or livestock
animal, but not including Police or guard dogs while working;
10. The killing of house or garden pests;
11. Field trials, training and hunting practices as accepted by the Professional
Houndsmen of Missouri.
[Ord. No. 1814 §4, 4-8-2015; Ord. No. 2005, 7-6-2021]
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 when he/she has knowingly
abandoned an animal in any place without making provisions for its
adequate care. This shall include not redeeming a dog, cat or other
animal at an animal shelter or kennel.
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, RSMo., 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.
E. An
animal impounded due to the following circumstances may not be returned
to the owner except as provided in this Section:
1. The animal has been impounded pursuant to Section
205.400 of this Chapter;
2. The owner or keeper of said animal has been issued a general ordinance summons for a violation of Section
205.400 and
a court date has been set; and
3. A licensed veterinarian has provided a written report verifying that
the impounded animal was subject to neglect or cruel, abusive or inhumane
treatment.
F. Under
such circumstances, and assuming the animal is not otherwise subject
to humane destruction, the impounded animal shall remain impounded
until the court date and the owner or keeper shall remain responsible
for all fees associated with impound and boarding.
G. The
case shall be set for hearing on the earliest possible date. If the
Municipal Judge finds the owner or keeper to be guilty or a plea of
guilt is entered, and the Judge is satisfied that the animal would
in the future be subject to continued neglect or cruel, abusive or
inhumane treatment by such owner or keeper, then such animal shall
not be returned to or allowed to remain with such person.
[Ord. No. 1814 §5, 4-8-2015]
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 (12) twelve hours.
B. Animal trespass is an infraction upon first conviction and for each
offense punishable by a fine not to exceed two hundred dollars ($200.00),
and a Class C misdemeanor punishable by imprisonment or a fine not
to exceed five hundred dollars ($500.00) or both, upon the second
and all subsequent convictions. 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, RSMo., or Sections
272.010 to 272.370, RSMo.
[Ord. No. 1814 §6, 4-8-2015; Ord. No. 2005, 7-6-2021]
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 or recklessly causes injury or suffering
to an animal; or
3.
Having ownership or custody of an animal knowingly fails to
provide adequate care.
4. Leaves any animal unattended in a vehicle when the conditions in
the vehicle would constitute a health hazard to the animal.
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
[Ord. No. 1032 Art. VI §6, 10-21-1991]
If a person is adjudicated guilty of animal neglect or animal
abuse and the Municipal Court is satisfied that an animal owned or
controlled by such person would in the future be subject to such neglect
or abuse, such animal shall not be returned to or allowed to remain
with such person, but its disposition shall be determined by the Court.
[Ord. No. 2005, 7-6-2021]
Any person capturing or causing to be captured any domestic
animal shall make a report to animal control within six (6) hours
of the time of capture and prior to transferring said animal, unless
said animal is transferred to the Animal Shelter. The report shall
include a description of the animal and the place where the animal
was captured.
[Ord. No. 2005, 7-6-2021]
A. Dogs
may be restrained by electronic containment systems under the following
conditions:
1. Perimeter or confinement areas must be clearly marked with a sign
posted next to the driveway or entry to the property in a conspicuous
way so as to provide notice of confinement to pedestrians.
2. System device and signal are working. Systems must be installed,
operated and maintained according to manufacturer's instructions to
include training requirements for dogs to be restrained.
3. A minimum of a ten-foot set back from any property line to the system
perimeter must be kept during installation of the system.
4. If a dog demonstrates the ability and propensity to disobey the fence
system perimeter, the system will not be considered adequate restraint.
If a dog is found unrestrained outside this type of enclosure twice
with in a one-year period, the electronic fence will no longer be
accepted as restraint.
5. No dog having been declared dangerous or potentially dangerous per
this Code may be restrained by these systems.
6. Females dogs must not be in heat.
[Ord. No. 2005, 7-6-2021]
No livestock, farm animals, or poultry, even if considered pets
by the owner, except for six (6) chickens, shall be kept in any district
other than the AG.
[Ord. No. 2005, 7-6-2021]
A. Number
And Type Of Chickens Allowed.
1. The maximum number of chickens allowed is six (6) per parcel of land
under common ownership and usage regardless of how many lots are contained
on the parcel or how many dwelling units are on the parcel.
2. Only female chickens are allowed. There is no restriction on the
chicken species.
B. Non-Commercial
Use Only. It shall be unlawful to engage in chicken breeding or fertilizer
production for commercial purposes.
C. Enclosures.
1. Chickens must be kept in an enclosure or fenced area at all times.
During daylight hours, chickens may be allowed outside of their chicken
pens in a securely fenced rear or side yard if under supervision.
Chickens shall be secured within a henhouse or chicken tractor during
non-daylight hours.
2. Enclosures must be kept in a clean, dry, odor-free, neat and sanitary
condition at all times.
3. Henhouses, chicken tractors and chicken pens must provide adequate
ventilation and adequate sun and shade and must be impermeable to
rodents, wild birds and predators, including dogs and cats.
a. Henhouses And Chicken Tractors. Henhouses and chicken tractors shall
be designed to provide safe and healthy living conditions for the
chickens while minimizing adverse impacts to other residents in the
neighborhood.
(1)
A henhouse or chicken tractor shall be enclosed on all sides
and shall have a roof and doors. Access doors must be able to be shut
and locked at night. Opening windows and vents must be covered with
predator- and bird-proof wire of less than one-inch openings. Henhouses
and chicken tractors shall be well maintained.
(2)
The materials used in making a henhouse or chicken tractor shall
be uniform for each element of the structure such that the walls are
made of the same material, the roof has the same shingles or other
covering, and any windows or openings are constructed using the same
materials. The use of scrap, waste board, sheet metal or similar materials
is prohibited. Materials used shall be impervious to moisture so that
the surface does not permit the absorption of fluids.
b. Henhouses, chicken tractors and chicken pens shall be placed in side
or rear yards only.
c. Henhouses, chicken tractors and chicken pens must be located at least
ten (10) feet from the property line and at least forty (40) feet
from any adjacent residential dwelling, church, school, or place of
business.
d. Henhouses over one hundred twenty (120) square feet require a shed
permit.
e. Henhouse And Chicken Tractor Size.
(1)
The minimum size of any henhouse or chicken tractor shall be
two (2) square feet per chicken.
(2)
The maximum size of any structure henhouse or chicken tractor
shall be four (4) square feet per chicken.
(3)
The exterior height of any henhouse or chicken tractor, including
any risers or pedestals, shall not exceed ten (10) feet.
(4)
A chicken pen shall consist of sturdy wire fencing. The pen
must be covered with wire, aviary netting, or solid roofing.
D. Chickens
At Large.
1. Chickens shall not be allowed to run at large. It shall be unlawful
to picket or tie any such animal in any of the streets of the City
for the purpose of grazing or feeding.
2. An owner redeeming a chicken from impoundment shall pay, before release, the prevailing fees set forth in Section
205.080.
3. No dog, cat or other domesticated animal which kills a chicken running
at large will, for that reason alone, be considered a dangerous or
prohibited animal.
E. Odor
And Noise Impacts.
1. Odors from chickens, chicken manure or other chicken-related substances
shall not be perceptible at the property boundaries.
2. Perceptible noise from the chickens shall not be loud enough at the
property boundaries to disturb persons of reasonable sensitivity.
3. It shall be unlawful for any person to park over one (1) hour within
the City limits any truck loaded with chickens that would cause an
offensive smell or noise, or which would unnecessarily annoy the rest
of others.
F. Predators,
Rodents, Insects, And Parasites. The chicken owner shall take necessary
action to reduce the attraction of predators and rodents and the potential
infestation of insects and parasites. Chickens found to be infested
with insects and parasites that may result in unhealthy conditions
to human habitation must be removed by the owner and keeper of the
chickens.
[Ord. No. 2005, 7-6-2021]
A. It
shall be unlawful for any person to keep poultry or livestock in violation
of any provision of this Article.
B. Any
violation of this Article that constitutes a health hazard or that
interferes with the use or enjoyment of neighboring property is a
nuisance and may be abated under the general nuisance abatement provisions
of the City.
C. Each
person who shall neglect to comply with the provisions of this Section
or who shall fail, neglect or refuse to comply with the provisions
of any notice provided pursuant to this Section, or who shall resist
or obstruct the Animal Control Officer or other representatives of
the City in the performance of his/her duties or activities provided
for in this Chapter shall, upon conviction thereof, be guilty of an
ordinance violation. Each day on which the violation of this Section
continues shall constitute a separate offense.
[Ord. No. 2005, 7-6-2021]
A. Small
animals and fowl shall be kept in the following manner:
Number And Purpose
|
Enclosure Requirements
|
Setback From Owner Or Keeper Residence
|
Setback From Property Line
|
Setback From Other Residence
|
---|
Less than four (4) small animals kept as pets only
|
Kept in fenced enclosure, coop or cage.
|
Six (6) feet, if outside
|
Ten (10) feet
|
Twenty-five (25) feet
|
Up to six (6) chickens, maximum (no roosters) non-commercial
use only
|
Kept in fenced chicken coop.
|
Six (6) feet
|
Ten (10) feet
|
Forty (40) feet
|
Four (4) to eight (8), maximum, small animals for non-commercial
use only
|
Kept in fenced enclosure, coop or cage.
|
Six (6) feet, if kept outside
|
Ten (10) feet
|
Forty (40) feet
|
B. Every
structure or other yard establishment shall be kept so that no offensive
or obnoxious odor shall arise therefrom to the injury, annoyance or
inconvenience of any inhabitants of the neighborhood.
C. Every
structure or other yard establishment shall be provided with a water-tight
and fly-tight receptacle for manure, of such dimensions as to contain
all accumulation of manure, which receptacle shall be emptied sufficiently
often and in such manner as to prevent it becoming a nuisance. Such
receptacle shall be kept securely covered at all times, except when
opened during deposit or removal of manure or refuse. No manure shall
be allowed to accumulate except in such receptacle.
D. All
structures wherein small animals or fowl are kept shall be maintained
in a clean and sanitary condition at all times, with adequate ventilation,
devoid of refuse and vermin and free from all offensive odors. The
interior walls, ceiling, floors, partitions and appurtenances of all
such structures shall be impervious. The enclosed area of all such
structures shall be constructed in such a way as to be dry at all
times on the inside.
E. Animal
control may at any reasonable time inspect any structure or premises
and issue any order as may be necessary to carry out the provisions
of this Section.
F. Cages
and pens for all small animals shall be suitable to the species and
shall provide a barrier from predators. Exceptions include veterinary
hospitals, grooming shops, and pet shops.
[Ord. No. 2005, 7-6-2021]
A. A Vietnamese
potbellied pig (Sus Scrofa Jubatus Muller) of pure breed lineage shall
not be considered "livestock" or a "farm animal" as said terms are
used in Title IV of this Code, so long as they are domesticated and
are a pet.
B. Vietnamese potbellied pigs (Sus Scrofa Jubatus Muller) shall be subject to Sections
205.190 and
205.130 and
205.150 of this Chapter.
C. It
shall be unlawful for any person to own, keep or harbor more than
one (1) Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) in a
zoned residential neighborhood.
D. Any
Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) that is running
at large or in violation of any other ordinance of the City may be
seized and impounded by any Police or Animal Control Officer and may
be impounded in any animal shelter so designated by the City.
E. If
the owner of the Vietnamese potbellied pig (Sus Scro fa Jubatus Muller)
can be identified, the owner shall, if at all possible, be notified
that the Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) has
been impounded.
F. If
a Vietnamese potbellied pig (Sus Scro fa Jubatus Muller) that has
been impounded is not redeemed by the owner within one (1) week after
impoundment, said Vietnamese potbellied pig (Sus Scrofa Jubatus Muller)
may be disposed of in one (1) of the following ways:
1. Euthanasia, using a method approved by the Humane Society of the
United States; or
2. Release for adoption by a new owner who shows evidence of ability
and intention to provide for the Vietnamese potbellied pig (Sus Scrofa
Jubatus Muller) or released to a licensed rescue.
G. An owner redeeming a Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) from impoundment shall pay, before release, the prevailing fees set forth in Section
205.080.
H. It
shall be unlawful for any person to cause or allow a Vietnamese potbellied
pig (Sus Scrofa Jubatus Muller) to become pregnant within any residentially
zoned area in or to remain in such area after becoming pregnant.
I. It
shall be unlawful for any person to own, keep or harbor a Vietnamese
potbellied pig (Sus Scrofa Jubatus Muller) weighing more than one
hundred twenty-five (125) pounds within a zoned residential neighborhood.
J. The
burden of proving that a pig or swine is a Vietnamese potbellied pig
(Sus Scrofa Jubatus Muller) is on the owner or person harboring said
animal.
K. Any
Vietnamese potbellied pig (Sus Scrofa Jubatus Muller) must keep a
current City license.
L. It
shall be unlawful for any person to cause or allow a Vietnamese potbellied
pig (Sus Scrofa Jubatus Muller) to be housed outside.
[Ord. No. 2005, 7-6-2021]
A. It
shall be unlawful for any owner of any kitten/cat over the age of
four (4) months to permit such kitten/cat to go or remain outdoors,
unless such kitten/cat has been sterilized.
B. Any
owner determined to be in violation of this Section may be issued
a written warning or a general ordinance summons requiring said owner
to have the kitten/cat sterilized by a licensed veterinarian within
fourteen (14) days.
C. Any
person violating any of the provisions of this Section shall upon
conviction thereof be punished by a fine of not less than one hundred
dollars ($100.00) and not more than five hundred dollars ($500.00).
[Ord. No. 2005, 7-6-2021]
A. Colonies
shall be permitted and caregivers shall be entitled to maintain and
care for community cats by providing food, water, shelter and other
forms of sustenance, provided that the caregiver takes all appropriate
and available steps to meet the conditions of this Section.
B. It
shall be unlawful to provide food, water or shelter to any unsterilized
community cat. Any person in violation of this provision shall be
given no more than thirty (30) days to have any such cat sterilized
and provide proof to the Animal Services Officer that the procedure
has been completed.
C. It
shall be unlawful for any caregiver to maintain a community cat in
a manner that constitutes a public nuisance.
D. Caregivers
of five (5) or more community cats must obtain the permission of eighty
percent (80%) of their neighbors located within two hundred (200)
feet from the property where the cats will be maintained.
E. It
shall be unlawful to maintain a colony with more than ten (10) community
cats in areas zoned residential, commercial or industrial. The Director
may approve colonies with more than ten (10) existing cats for a period
of one (1) year or less, allowing the caregiver time to find placement
for kittens and friendly cats through adoptive homes and animal welfare
organizations.
F. Community cats are not exempt from Section
205.150.
G. It
shall be unlawful to relocate cats to a residentially zoned area for
the purpose of establishing a colony.
H. Caregivers
shall:
1. Have community cats ear tipped at the time of sterilization.
2. Maintain accurate records, including a description of each cat and
dates of sterilization, vaccination, and veterinary care.
3. Provide care for community cats in conjunction with a TNR Program,
taking all reasonable steps to ensure each cat is vaccinated and sterilized.
4. Make reasonable attempts to update vaccinations for community cats
as required by law.
5. Make reasonable attempts to obtain proper medical attention for any
community cat that appears to require it.
6. Make reasonable attempts to remove any kittens immediately after
being weaned to be placed in an adoptive home or with an animal welfare
organization.
7. Make reasonable attempts to place any friendly cats in an adoptive
home or with an animal welfare organization.
8. Help to resolve any complaints received regarding community cats.
I. It
shall be unlawful to maintain a colony within a quarter mile of any
land managed for wildlife or other natural resources.
J. It
shall be unlawful for any caregiver of any community cat or colony
to abandon such cats. In the event a caregiver cannot continue to
maintain a colony, the caregiver shall make arrangements to transfer
colony maintenance to a new caregiver, place them in adoptive homes
or transfer them to an animal welfare organization.
K. The
Animal Control Officer may impound any community cat found in violation
of this Section. Any community cat impounded by the Animal Control
Officer that has been ear tipped may be returned to its caregiver
or TNR location at the discretion of the Animal Control Officer.
L. Any
person or caregiver determined to be in violation of this Section
may be issued a written warning, which provides a period of time to
come into compliance and/or provide satisfactory evidence of working
to achieve compliance. That period of time shall not exceed thirty
(30) days from the issuance of the initial warning notice. Failure
to comply may result in the issuance of a general ordinance summons.
M. Any
person or caregiver determined to be in violation of this Section
may be ordered by the Director to disband or relocate the colony within
sixty (60) days.