Section 205.040 License Tags, Including Unlawful Possession, Counterfeiting, Alteration and/or Obliteration.
[CC 1981 §230.010; Ord. No. 244 §2, 1-20-1968; Ord. No. 265 §1, 6-11-1969]
For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number include the plural, and the plural, the singular; reference to the male gender includes the female, and references to any person or animal, without specifying gender, includes both male and female; the word "shall" is mandatory and not directory.
- AT LARGE
- Any dog shall be deemed to be at large when it is off the premises of its owner's real property and not restrained by a competent person or if it is on the premises of its owner's real property and not in an enclosure so constructed to prevent escape therefrom and not restrained by a competent person.
- All domestic species or varieties of the genus felis, male or female, over the age of four (4) months.
- A certificate issued, under the St. Louis County Rabies Control Code, at the time of the vaccination of a dog and bearing thereon the signature of the vaccinator, the registration number, the name, color, breed and sex of the dog, the name and address of the owner, the date of the vaccination, and type of vaccine administered.
- CHICKEN EMBRYO, ORIGIN VACCINE
- Vaccine which is manufactured using the embryo of the chicken as a growth medium and also known as Flury Strain vaccine.
- COMPETENT PERSON
- A human being that is capable of controlling and governing the dog in question, and to whose commands the dog is obedient.
- The Municipal Court of the City of Winchester.
- All domesticated members of the canis familaris, male or female, four (4) months of age or older.
- To put to death in a humane manner.
- 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.
- HEALTH DEPARTMENT, COMMISSIONER OR HEALTH COMMISSIONER
- The Department of Public Health of St. Louis County, Missouri, or the Commissioner of Public Health of St. Louis County, or any person, persons or agent employed by the County Health Commissioner to enforce the St. Louis County Rabies Control Code.
- Those members of a family including servants and attendants living in the same dwelling unit.
- The apprehending, catching, trapping, netting, tranquilizing, confining or, if necessary, the destruction of any animal by the Health Commissioner or his/her agent or by any employee or agent of the City of Winchester.
- IMPOUNDING FACILITIES
- Any premises designated by resolution of the Board of Aldermen for the purpose of impounding and caring for all animals in violation of this Chapter.
- Any place or tract of land whether indoors or outdoors, whether enclosed or not, in, at or upon which and whether for pleasure or profit dogs are kept, housed, bred, raised, fed, displayed, exhibited or sold. The owner of three (3) or more dogs, whether owned for pleasure or profit, breeding or exhibiting, shall be deemed to be the operator of a dog kennel.
- All domestic species or varieties of the genus felis, male or female, under the age of four (4) months.
- LICENSE TAG
- Any object, regardless of the shape and material, which bears a license number, the year and the words "Dog Tag — Winchester, Mo." which has been issued by the City Clerk.
- NERVE TISSUE ORIGIN
- Vaccine which is manufactured using tissue of the nervous system as a growth medium.
- Includes any person who, or firm or corporation which owns, harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog, cat or kennel in the City of Winchester. The occupant of any premises on which a dog or cat remains for a period of seven (7) consecutive days or to which it customarily returns for a period of ten (10) non-consecutive days is presumed to be harboring, sheltering or keeping the aforementioned dog or cat within this definition. Under no circumstances are the normal and ordinary accepted definitions of the terms harboring, sheltering or keeping to be limited to the words of the aforementioned presumption. If a minor owns a dog, puppy or other animal subject to the provisions of this Chapter, the head of the household of which such minor owner is a member shall be deemed to be the owner of such dog, puppy or animal for the purpose of this Chapter, and under this Chapter shall be responsible as the owner, whether or not such household head is himself/herself a minor. If not a member of a household, such minor owner shall himself/herself be directly subject to the provisions of this Chapter.
- PIT BULL DOG
- Any and all of the following dogs:
- 1. The Staffordshire Bull Terrier breed of dogs.
- 2. The American Staffordshire Terrier breed of dogs.
- 3. The American Pit Bull Terrier breed of dogs.
- 4. Dogs which have the appearance and characteristics of being predominately of the breeds of the dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.
- PUP OR PUPPY
- All domesticated members of the canis familaris, male or female, under four (4) months of age.
- A dog is under restraint within the meaning of this Chapter:
- 1. If it is controlled by a line or leash not more than six (6) feet in length when said line or leash is held by a competent person on or off the premises of the owner or firmly attached to the premises while on the premises of the owner.
- 2. When "at heel" of a competent person.
- 3. When within a vehicle being driven, parked or stopped.
- 4. When not more than fifty (50) feet from a competent person, if such dog is not annoying or worrying any human being or domestic animal or trespassing on private property or in a public area where dogs are forbidden.
- 5. When otherwise restrained by an Invisible Fence® or system.
- The injection, by a veterinarian or his/her authorized agent, of a specified dose of anti-rabies vaccine into the body of a dog, such vaccine having U.S. Government license number approval stamped on the label of the vaccine container and having been approved by the Health Commissioner. Vaccine used for vaccination of dogs shall be stored and kept under conditions proper for the vaccine and shall show no signs of spoilage or otherwise be unfit for producing immunity against rabies.
- VACCINATION — REGISTRATION
- The procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate under the St. Louis County Rabies Control Code. The above words shall be interchangeable.
- Any veterinarian holding a current Missouri license and operating on a participating basis with the Health Department, as required by the St. Louis County Rabies Control Code.
- 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.
- 5. Any pit bull dog.
[CC 1981 §230.020; Ord. No. 290 §1, 1-13-1971]
Every person who owns any dog or cat, whether in a kennel or not, that is kept any time during the year within the City of Winchester or who permits a dog or cat to come upon, on or in the City of Winchester or to remain in or about his/her home, place of business or other premises in the City of Winchester shall have such dog or cat vaccinated against rabies and registered as provided in the St. Louis County Rabies Control Code. Such dogs or cats must be vaccinated at least once each year if a nerve tissue origin vaccine is used, unless a chicken embryo or other three (3) year type vaccine, approved by the Health Commissioner, is administered, in which case the dogs or cats shall be inoculated at least once every three (3) years, or if other vaccine approved by the Health Commissioner is administered, then at the frequency approved by the Health Commissioner.
Puppies or kittens shall be confined to their owner's premises.
Every dog or cat which has been vaccinated in accordance with the provisions of the St. Louis County Rabies Control Code shall at all times wear the registration tag in the manner therein prescribed.
It shall be unlawful for any person to own any dog or cat, unless such dog or cat has been vaccinated against rabies and wears a current, unexpired registration tag and the owner possesses a certificate issued in accordance with the provisions of the St. Louis County Rabies Control Code.
Editor’s Note: Former Section 205.030, License Fees and Procedures, adopted and amended CC 1981 §230.030; Ord. No. 290 §2, 1-13-1971; Ord. No. 625 §1, 4-25-1990, was repealed 9-14-2011 by §1 of Ord. No. 1000.
Section 205.040 License Tags, Including Unlawful Possession, Counterfeiting, Alteration and/or Obliteration.
[CC 1981 §230.040; Ord. No. 290 §3, 1-13-1971]
License tags shall not be transferred from dog to dog or cat to cat, and no person shall affix a license tag to a dog or puppy or cat or kitten other than the dog or cat for which the tag was issued, nor shall any person affix a license tag to a dog or cat that has not been vaccinated against rabies, nor shall any person counterfeit, alter, obliterate or attempt to counterfeit, alter or obliterate any license tag.
[CC 1981 §230.050; Ord. No. 290 §4, 1-13-1971]
All female dogs or cats shall be kept securely confined in an enclosed place while in heat.
[CC 1981 §230.060; Ord. No. 290 §5, 1-13-1971]
The Health Commissioner or other persons designated by him/her or such other persons who may be designated by the Board of Aldermen shall have the power to catch, confine and impound dogs or cats and other animals as follows:
Dogs or cats wearing an expired or invalid license tag;
Dogs or cats not wearing a license tag;
All female dogs or cats, licensed or unlicensed, not securely confined in an enclosed place while in heat;
All dogs and puppies or cats and kittens which are at large;
All dogs or cats or other animals infected or suspected of being infected with rabies and all dogs or cats and other animals exposed to or suspected by him/her to be exposed to or infected with rabies, including dogs or cats or other animals known to have been bitten by a rabid animal, whether the dog or cat or other animal to be impounded is running at large or on a leash or whether it is confined to its owner's premises;
All unconfined or unleashed animals or dogs or cats with vicious propensities;
Dogs or cats not vaccinated for rabies within the previous twelve (12) months with nerve tissue vaccine, nor within the preceding thirty-six (36) months with chicken embryo or Flury Strain vaccine, nor if another vaccine approved by the Health Commissioner was used, within the preceding time period, approved by the Health Commissioner as the duration of effective protection against rabies, which that vaccine gives;
Unconfined dogs or cats in quarantined areas;
Dogs or cats or other animals which have bitten a person or animal or which have been bitten by a dog or cat or animal suspected of having rabies or which are suspected of having rabies or have been exposed to rabies.
No dog or cat shall be exempted from the provisions of Subsections (A)(3 — 9) above, by virtue of vaccination, tags, or a vaccination registration certificate.
Dogs or cats or other animals impounded in accordance with this Chapter shall be impounded in the County rabies shelter or at such other location as may be designated by the Board of Aldermen.
All dogs or cats shall be vaccinated and licensed before being released to the owners. A fee covering the cost of vaccination and of the license and for the shelter service shall be collected for each dog or cat so released to cover the cost of vaccination and licensing. Dogs or cats that have been impounded shall be held for a period of one (1) week after capture and released to their owners upon payment of the shelter service fee specified in Section 205.070 herein, provided the Health Commissioner or Chief of Police of the City is of the opinion that such release will not impair the safety of the public. Every animal impounded under the provisions of this regulation, which is found upon arrival at the pound to be diseased or injured and whose owner is unknown or whose owner relinquishes ownership in writing, may be immediately euthanized.
[CC 1981 §230.070; Ord. No. 244 §8, 1-20-1968]
Any dog or cat captured or impounded under the provisions of this Chapter, determined not to be infected with rabies by the Health Commissioner, may be redeemed by the owner or other person having the right of possession of such animal upon the presentation of a proper vaccination certificate, any City license, and upon payment of the appropriate shelter service fee. If the animal is not claimed in the manner provided herein within one (1) week after its capture, such animal shall be disposed of by euthanasia or sale. Before release by any such sale, the buyer shall have the dog or cat vaccinated and pay the shelter service fee provided herein; and if such buyer shall be a resident of the City of Winchester, he/she shall purchase a license tag.
[CC 1981 §230.080; Ord. No. 244 §9, 1-20-1968]
The Health Commissioner or person designated by him/her or such other person as may be designated by the Board of Aldermen shall dispose of any dog or other animal infected with rabies and such person so designated shall have the power to examine and impound any animal bitten by or exposed to any other animal infected with rabies. He/she shall have the power to require the owners of such dogs to take such necessary measures to prevent further spread of rabies and to dispose of any exposed animal, if such necessary measures are not taken by the owners.
[CC 1981 §230.090; Ord. No. 244 §10, 1-20-1968]
Any person destroying an animal infected with rabies or suspected of being infected with rabies shall immediately notify the St. Louis County Health Department and the Police Department of the City of Winchester and shall surrender the carcass of such animal upon demand. The owner or custodian of any such destroyed animal shall immediately provide the Health Department and the Police Department of the City of Winchester with full particulars thereof, including the time, date, location, the names and address of the owner or person having custody of any animal exposed to the animal destroyed.
[CC 1981 §230.100; Ord. No. 244 §11, 1-20-1968]
Any dog, cat or other animal which exhibits objective symptoms suggestive of rabies may, after written certification to the owner by the Health Commissioner or such other person designated by the Board of Aldermen for the enforcement of this Chapter, be impounded on or off the property of the owner. This animal shall be held for ten (10) days at the impounding facilities designated by the Board of Aldermen for clinical observation and, if alive at the termination of this period, shall be returned to the owner after payment of the shelter service fee provided for in Section 205.070. As an alternative procedure, the owner, at his/her own expense, may designate any veterinary hospital in St. Louis County wherein such animal is to be impounded and observed for a similar ten(10) day period. If such animal shall die during the observation period, regardless of location, the head shall be removed and submitted to a qualified laboratory for examination.
Any dog, cat or other animal, which has been exposed to rabies, shall be immediately destroyed unless the owner, at his/her expense, desires, chooses, elects, specifies, picks or elects one (1) of the following alternative methods:
Strict isolation in a kennel or animal hospital for six (6) months.
If no previous vaccination has been given to a dog within a period of three (3) years with chicken embryo (Flury Strain) vaccine, or within one (1) year using vaccine of nerve tissue origin, or if other vaccine approved by the Health Commissioner was used and if the effective protection limit of the last such vaccination has passed, then the dog shall be placed on a schedule of immunization approved by the Health Commissioner.
If a dog has been vaccinated previously with another vaccine approved by the Health Commissioner within the duration of the vaccine's effective protection as approved by the Health Commissioner, the animal shall be revaccinated and restrained by a leash or confined at home for thirty (30) days.
Prior to release of any dog under clinical observation for rabies, all conditions of this Chapter shall be fulfilled.
[CC 1981 §230.110; Ord. No. 244 §12, 1-20-1968]
Any person within the City of Winchester, Missouri, having information or knowledge of any animal within the City of Winchester that:
[CC 1981 §230.120; Ord. No. 244 §13, 1-20-1968]
Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order requiring every owner or person in charge of any dog or dogs, whether vaccinated and licensed or not, within the limits of the City to either kill his/her dog or dogs or confine them in the home or some other secure building. Whenever, during a quarantine, it is necessary that a dog leave the confines of a home or other secure building, such dog shall be placed on a leash no more than six (6) feet in length and under the direct physical control of a competent person not less than fifteen (15) years of age. Said order shall be published once in a paper publishing the business of the City or shall be posted in at least twenty (20) conspicuous places about the City. The Mayor may, by proclamation, terminate any such quarantine whenever in his/her judgment the necessity for it no longer exists.
Whenever any quarantine order is issued as provided in Subsection (A) above, it shall be the duty of all members of the Police Department of the City of Winchester and such other person or persons as may be designated by the Board of Aldermen to kill all dogs found running at large, except those which have been immunized.
[CC 1981 §230.130; Ord. No. 244 §14, 1-20-1968]
The owner of any dog, cat or other animal which bites any person, regardless of the circumstances or irrespective of whether such dog is vaccinated and licensed, shall be required to comply with all rules and regulations concerning same promulgated by the authorized agency of St. Louis County and the State of Missouri.
[CC 1981 §230.140; Ord. No. 244 §15, 1-20-1968]
It shall be unlawful for any person to conceal an animal or interfere with the Health Commissioner or persons designated by him/her or such other persons who may be designated by the Board of Aldermen, in the performance of their legal duties, as provided in this Chapter. The Health Commissioner, or persons designated by him/her, or such other persons who may be designated by the Board of Aldermen shall have the right of entry onto any unenclosed lots or lands for the purpose of collecting any dog, cat or other animal, which is on such lot or land, in violation of this Chapter and whose presence on such lot or land constitutes a violation of any of the provisions of this Chapter. The Health Commissioner, or his/her duly appointed representative, or any other person or persons who may be designated by the Board of Aldermen shall have the right of entry to any property or premises during the period of any quarantine for the purpose of examining or obtaining any dog, cat or other animal suspected of having rabies, having been exposed to rabies or having bitten a person or other animal.
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.
Note — Under certain circumstances this offense can be a felony under state law.
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.
It shall be unlawful to own, keep or harbor a vicious dog in the City of Winchester except in accordance with the following provisions:
Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also, such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement indoors. No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.
[CC 1981 §230.170; Ord. No. 272 §§1 — 3, 3-25-1970]
It shall be unlawful for the owner of any dog or cat whether vaccinated and licensed or not to permit such dog or cat to run at large or to go off the premises of the owners unless such dog or cat is under restraint as defined herein. For the purposes of this Section, Section 205.010, "at large" and "restraint" as amended shall apply to cats as well as dogs.
Any prosecution charging a violation of Subsection (A) hereunder, proof that a dog or cat was running loose in a complaint was at the time described in the complaint, the person who owns said dog shall constitute a prima facie presumption sufficient for conviction that the owner was the person who permitted such dog or cat to run at large.
The provisions or prohibitions of Subsection (A) shall not apply to bloodhounds or other dogs used for tracking in conjunction with Police activities or to dogs of a canine corps of a St. Louis County Police Department or the St. Louis Metropolitan Police Department or the Missouri State Highway Patrol or any Federal law enforcement agency or of any branch of the armed forces of the United States while being used to conduct official business or while being used for official purposes.
Editor’s Note: Former Section 205.195, Other Animals Running at Large, adopted and amended CC 1981 §225.090; Ord. No. 185 §§1 –– 3, 7-8-1964; Ord. No. 186 §§1 –– 2, 7-8-1964; Ord. No. 328 §2, 7-26-1972, was repealed 10-9-2013 by §1 of Ord. No. 1024.
[CC 1981 §230.180; Ord. No. 244 §19, 1-20-1968]
Any animal which does not exhibit a valid vaccination registration tag issued by St. Louis County or a license tag of the City of Winchester and which reveals the symptoms of any disease or injury, clearly not those of rabies, as determined by the St. Louis County Health Department or by any such person as may be designated by the Board of Aldermen, may be subjected to disposal as provided in Section 205.070 at the earliest possible time.
[CC 1981 §230.190; Ord. No. 244 §20, 1-20-1968]
No person shall refuse to deliver up to the Health Commissioner or any person designated by the Board of Aldermen a dog or cat or other animal subject to rabies, which such person owns, when requested to do so under the provisions of this Chapter.
[CC 1981 §230.200; Ord. No. 290 §6, 1-13-1971]
All dogs or cats brought into the City of Winchester shall comply with the rabies vaccination requirements of this Chapter. If said imported dog or cat remains more than thirty (30) days, said dog or cat shall be registered and licensed by the City in accordance with the provisions of this Chapter.
[Ord. No. 694 §1(200.105), 2-10-1993]
It is unlawful for any person owning or in control of any animal to allow or permit such animal to defecate upon any public property, street right-of-way, alley, sidewalk, condominium or subdivision common area or private property of another unless the person owning or in control of the animal immediately removes and properly disposes of all feces deposited by the animal.