[R.O. 2013 § 235.010; Ord. No.
67-5 § 1; Ord. No. 05-62 § 1, 11-28-2005]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
ANIMAL SHELTER
Any premises designated by action of the City for the purpose
of impounding and caring for all dogs and cats found running at large
in violation of this Chapter.
ANIMAL WARDEN
The person employed by the City as the officer charged with
the enforcement of this Chapter and other City ordinances relative
to dogs and cats.
AT LARGE
Any dog or cat shall be deemed to be "at large" when it is
off the property of his/her owner and not under control of a competent
person.
EXPOSED TO RABIES
A dog or cat has been "exposed to rabies" within the meaning
of this Chapter if it has been 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.
KENNEL
Any person engaged in the commercial business of breeding,
buying, selling or boarding dogs and cats.
OWNER
Any person owning, keeping or harboring a dog or cat.
RESTRAINT
A dog or cat is under restraint if he/she is controlled by
a leash, at heel beside a competent person and obedient to that person's
commands, on or within a vehicle being driven or parked on the streets
or within the property limits of its owner or keeper.
SERVICE ANIMAL
Dogs which are categorized as "service animals" by the Department
of Justice in the Code of Federal Regulations, as follows: any dog
that is individually trained to do work or perform tasks for the benefit
of an individual with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability. Other species
of animals, whether wild or domestic, trained or untrained, are not
service animals for the purposes of this definition. The work or tasks
performed by a service animal must be directly related to the individual's
disability. The crime deterrent effects of an animal's presence and
the provision of emotional support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes of this definition.
See 28 CFR 35.104.
[Ord. No. 23-20, 7-10-2023]
SPAYED FEMALE
Any bitch which has been operated upon to prevent conception.
[R.O. 2013 § 235.020; Ord. No.
67-5 § 2]
The provisions of this Chapter shall be enforced by the Animal
Warden of the City.
[R.O. 2013 § 235.030; Ord. No.
67-5 § 16; Ord. No. 81-14 § 1, 7-13-1981; Ord. No. 05-62 § 1, 11-28-2005]
A. It shall be the duty of the Animal Warden to keep or cause to be
kept accurate and detailed records of the licensing, impoundment and
disposition of all dogs and cats coming into his/her custody.
B. It shall be the duty of the Animal Warden to keep or cause to be
kept accurate and detailed records of all bite cases reported to him/her
and his/her investigation of such bite cases.
C. It shall be the duty of the Animal Warden to keep or cause to be
kept accurate and detailed records of all money belonging to the City,
which records shall be open to inspection at reasonable times by such
persons responsible for similar records of the City and shall be audited
by the City annually in the same manner as other City records are
audited.
[R.O. 2013 § 235.040; Ord. No.
67-5 § 15; Ord. No. 81-14 § 2, 7-13-1981; Ord. No. 05-62 § 1, 11-28-2005]
No person shall interfere with, hinder or molest the Animal
Warden in the performance of any duty of such agent or seek to release
any dog or cat in the custody of the Animal Warden, except as provided
in this Chapter.
[R.O. 2013 § 235.050; Ord. No.
67-5 § 14; Ord. No. 81-14 § 3, 7-13-1981; Ord. No. 05-62 § 1, 11-28-2005]
For the purpose of discharging the duties imposed by this Chapter
and to enforce its provisions, the Animal Warden or any Police Officer
is empowered to enter upon any premises upon which a dog or cat is
kept or harbored and to demand the exhibition by the owner of such
dog or cat of the license for such dog or cat. The Animal Warden may
also enter the premises where any dog or cat is kept in a reportedly
cruel or inhumane manner and demand to examine such dog or cat and
to take possession of such dog or cat when, in his/her opinion, such
dog or cat should be removed from the premises.
[R.O. 2013 § 235.060; Ord. No.
213 § 4; Ord. No. 67-5 §§ 3, 4; Ord. No. 72-5 §§ 1, 2; Ord. No. 78-2 § 4; Ord. No. 80-35 §§ 1, 2; Ord. No. 81-14 § 4, 7-13-1981; Ord. No. 94-05 § 1, 2-14-1994; Ord. No. 05-62 § 1, 11-28-2005]
A. Required — Certification Of Rabies Vaccination Required. No
person shall own, keep or harbor any dog or cat within the City limits,
unless such dog or cat is licensed and properly vaccinated with anti-rabies
serum. A veterinarian's certificate of vaccination must accompany
each application for license to the City Collector, or to such agent
as shall be designated by the Board of Aldermen, and shall state the
name and address of the owner and the name, breed, color, age and
sex of the dog or cat. At the time of making application, a numbered
metallic tag shall be issued to the owner.
B. Certain Dogs Exempt From Vaccination Requirement. Any dog less than four (4) months of age shall be exempted from the requirements of a rabies shot as provided in Subsection
(A) of this Section and the City Collector shall issue a license upon the owner's promise to have the dog vaccinated for rabies after it has attained the age of four (4) months.
C. Fee. There shall be a yearly license fee of three dollars ($3.00)
per dog or cat, payable at the date of the issuance of the license.
No license shall be issued until such license fee, together with any
penalty as hereinafter provided, shall be paid. Service animals shall
be exempt from said fee.
[Ord. No. 23-20, 7-10-2023]
D. Term — Penalties For Late Applications. All dog or cat licenses
shall be issued for one (1) year beginning with the first day of January.
Applications for license may be made prior to and for thirty (30)
days after the start of the licensing year without penalty, but when
the application is made after thirty (30) days of the licensing year
have elapsed, the applicant shall be assessed a penalty of two dollars
($2.00) in addition to the license fee of three dollars ($3.00), which
said total sum of five dollars ($5.00) shall be collected at the time
the application for license is made; provided however, that no penalty
shall be assessed if the dog or cat did not become subject to licensing
until after the start of the licensing year. Service animals shall
be exempt from said penalty.
[Ord. No. 23-20, 7-10-2023]
E. Tags.
1.
Upon complying with the other provisions of this Section, there
shall be issued to the owner a numbered metallic tag, stamped with
the number and the year for which issued. The shape or design of such
tag shall be changed from year to year.
2.
Every owner shall see that the tag is securely fastened to the
dog or cat's choke chain, collar or harness, which must be worn by
the dog or cat at all times unless the dog or cat, accompanied by
the owner, is engaged in hunting or other sport where a collar might
endanger the dog's or cat's safety.
3.
In the event that a metallic license tag issued for a dog or
cat is lost, the owner may obtain a duplicate tag upon the payment
of fifty cents ($0.50).
F. Transfer. If there is a change in ownership of a dog or cat during
the license year, the new owner may have the current license transferred
to his/her name, upon application being made for the change.
G. Use For Dog Or Cat Other Than Dog Or Cat Licensed. No person shall
use for any dog or cat a license receipt of license tag issued for
a different dog or cat.
[R.O. 2013 § 235.070; Ord. No.
67-5 §§ 5, 9; Ord.
No. 00-26 § 1, 2-28-2001; Ord. No. 05-62 § 1, 11-28-2005; Ord.
No. 23-20, 7-10-2023]
A. The
owner shall keep his/her dog or cat under restraint at all times and
shall not permit such dog or cat to be at large, off the premises
or property of the owner, unless under the control of a competent
person.
B. A service
animal shall be under the control of its handler. A service animal
shall have a harness, leash, or other tether, unless either the handler
is unable because of a disability to use a harness, leash, or other
tether, or the use of a harness, leash, or other tether would interfere
with the service animal's safe, effective performance of work or tasks,
in which case the service animal must be otherwise under the handler's
control (e.g., voice control, signals, or other effective means).
A. A person
commits the offense of keeping a dangerous dog or cat if he or she
owns or possesses a dog or cat that has previously bitten, attacked
or aggressively pursued any person or domestic animal without provocation
and that dog or cat bites any person on a subsequent occasion.
B. In addition to the penalty set forth in Section
100.220, if any dog or cat that has previously bitten, attacked or aggressively pursued any person or domestic animal without provocation bites, attacks or aggressively pursues any person on a subsequent occasion or if a dog or cat that has not previously bitten a person attacks and causes serious injury to or the death of any human, the dog shall be seized immediately by the animal warden. The dog or cat shall be impounded and held for ten (10) business days after the owner or possessor is given written notification and thereafter destroyed.
C. The
owner or possessor of the dog or cat that has been impounded may file
a written appeal to the municipal court to contest the impoundment
and destruction of such dog or cat. The owner or possessor shall provide
notice of the filing of the appeal to the animal warden who seized
the dog or cat. If the owner or possessor files such an appeal and
provides proper notice, the dog or cat shall remain impounded and
shall not be destroyed while such appeal is pending and until the
court issues an order for the destruction of the dog or cat. The court
shall hold a disposition hearing within thirty (30) days of the filing
of the appeal to determine whether such dog or cat shall be humanely
destroyed. The court may order the owner or possessor of the dog or
cat to pay the costs associated with the animal’s keeping and
care during the pending appeal.
D. Notwithstanding any provision of this Section to the contrary, if a dog or cat attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner or possessor is not guilty of any offense specified under this Section, and is not civilly liable under this Section, nor shall such dog or cat be destroyed as provided in Subsection
(B) of this Section. For purposes of this Section, the term “criminal activity” shall not include the act of trespass upon private property under Section
210.1070 as long as the trespasser does not otherwise engage in, attempt to engage in, or have intent to engage in other criminal activity.
[R.O. 2013 § 235.080; Ord. No.
87-24, 12-14-1987]
A. It shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the City of Fredericktown, Missouri:
1.
Any warm-blooded, carnivorous or omnivorous, wild or exotic
animal (including but not limited to non-human primates, raccoons,
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.
[R.O. 2013 § 235.100; Ord. No.
67-5 § 9; Ord. No. 05-62 § 1, 11-28-2005]
Every female dog or cat in heat shall be kept confined in a
building or secure enclosure, or in a veterinary hospital or boarding
kennel, in such a manner that such female dog or cat cannot come in
contact with another dog or cat, except for intentional breeding purposes.
[R.O. 2013 § 235.110; Ord. No.
67-5 §§ 6, 9; Ord.
No. 81-14 § 5, 7-13-1981; Ord. No. 05-62 § 1, 11-28-2005]
A. Required — Disposition Of Impounded Dogs Or Cats Generally.
Any unlicensed or licensed dog or cat found running at large shall
be taken up by the Animal Warden and impounded in the shelter designated
as the City Animal Shelter, and there confined in a humane manner
for a period of not less than three (3) days and may thereafter be
disposed of in a humane manner if not claimed by its owner. Dogs or
cats not claimed by their owners before the expiration of three (3)
days may be disposed of at the discretion of such authority, except
as hereinafter provided in the cases of certain dogs or cats.
B. Transfer Of Title To Humane Society. The Animal Warden may transfer
title of all dogs or cats held by the Animal Shelter to the Humane
Society after the legal detention period has expired and the dog or
cat has not been claimed by its owner. In the event of such transfer
of title, it is expressly understood that the Humane Society shall
pay for each such dog or cat's food, after the legal detention period,
until it shall be removed from the City Animal Shelter.
C. Citation Of Owners In Lieu Of Impoundment. When licensed dogs or
cats, unlicensed dogs or unlicensed cats are found running at large
and their ownership is known to the Animal Warden, such dogs or cats
and unlicensed dogs or cats need not be impounded, but the agent may,
at his/her discretion, cite the owners of such dogs or cats and unlicensed
dogs or cats to appear in court to answer to charges of violation
of this Chapter.
D. Notification Of Owners. Immediately upon impounding dogs or cats,
the Animal Warden shall make every possible reasonable effort to notify
the owners of such dogs or cats so impounded and inform such owners
of the conditions whereby they may regain custody of such dogs and
cats.
E. Dangerous Dogs And Cats Or Females In Heat. Any dog or cat described in Sections
205.070,
205.075,
205.080 or
205.090 found at large shall be impounded by the Animal Warden and may not be redeemed unless such redemption is authorized by any court having jurisdiction.
F. Public Nuisances. Any dog or cat impounded for being a public nuisance
may not be redeemed unless such redemption is authorized by any court
having jurisdiction.
G. Destruction Of Dogs Or Cats For Humane Reasons. When, in the judgment
of the Animal Warden, a dog or cat should be destroyed for humane
reasons, such dog or cat may not be redeemed.
[R.O. 2013 § 235.120; Ord. No.
67-5 § 7; Ord. No. 81-14 § 6, 7-31-1981; Ord. No. 05-62 § 1, 11-28-2005]
A. The owner shall be entitled to resume possession of any impounded dog or cat, except as hereinafter provided in the cases of certain dogs or cats, upon compliance with the license provisions in Section
205.060 and the payment of impoundment fees set forth herein. Proof of ownership might include a license receipt, affidavits of neighbors, a photograph, etc.
B. Any dog or cat impounded under the provisions of this Chapter and not reclaimed by its owner within three (3) days may be humanely destroyed by the Animal Warden, have its title transferred to the Humane Society as provided for in Section
205.100 or may be placed in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with the provisions of this Chapter and such other regulations as shall be fixed by the City; provided, that if the dog or cat is one as to which the respective rights of the owner and the person in possession or custody are determined by State law, such law shall be complied with.
[R.O. 2013 § 235.130; Ord. No.
67-5 § 8; Ord. No. 80-35 § 3; Ord. No. 81-14 § 7, 7-13-1981; Ord. No. 05-62 § 1, 11-28-2005; Ord. No. 12-11 § 1, 4-9-2012]
Any dog or cat impounded under this Chapter may be reclaimed
as herein provided upon payment by the owner to the Animal Warden
of the sum of seven dollars ($7.00) for each dog or cat, and the additional
sum of seven dollars ($7.00) for each day such dog or cat is kept
after the expiration date of the legal detention period. Impoundment
fees set forth herein, and such additional sums as herein provided
for keeping animals, shall be collected by the Animal Warden for the
City.
[R.O. 2013 § 235.150; Ord. No.
67-5 §§ 10, 12; Ord.
No. 05-62 § 1, 11-28-2005]
A. Every dog or cat which bites a person shall be promptly reported
to the Animal Warden and shall be securely quarantined at the direction
of the Animal Warden for a period of ten (10) days and shall not be
released from such quarantine except by written permission of the
Animal Warden. At the discretion of the Animal Warden, such quarantine
may be on the premises of the owner, at the shelter designated as
the City Animal Shelter or, at the owner's option and expense, in
a veterinary hospital of his/her choice. In the case of stray dogs
or cats, or in the cases of dogs or cats whose ownership is not known,
such quarantine shall be at the shelter designated as the City Animal
Shelter.
B. The owner, upon demand by the Animal Warden, shall forthwith surrender any dog or cat which has bitten a human, or which is suspected as having been exposed to rabies, for supervised quarantine, the expense of which shall be borne by the owner. Such dog or cat may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees set forth in Section
205.120 and upon compliance with the licensing provisions set forth in Section
205.060.
C. When rabies has been diagnosed in a dog or cat under quarantine,
or when rabies is suspected by a licensed veterinarian and the dog
or cat dies while under such observation, the Animal Warden shall
immediately send the head of such dog or cat to the State Health Department
for pathological examination and shall notify the proper public health
officer of report of human contacts and this diagnosis.
D. It shall be the duty of every licensed veterinarian to report to
the Animal Warden any dog or cat considered by him/her to be a rabies
suspect.
[R.O. 2013 § 235.160; Ord. No.
67-5 § 13; Ord. No. 05-62 § 1, 11-28-2005]
Hospitals, clinics and other premises operated by licensed veterinarians
for the care and treatment of animals are exempt from the provisions
of this Chapter, except where expressly stated.
[R.O. 2013 § 235.170; Ord. No.
80-15 § 1; Ord. No. 80-34 § 1, 11-3-1980; Ord. No. 05-62 § 1, 11-28-2005]
The Chief of Police is hereby authorized to receive and take
into his/her possession, for the purpose of disposing of such dog
or cat, any dog or cat submitted to the Chief of Police by the owner
thereof for that purpose. The Chief of Police is authorized to charge
a fee for such service in the amount of ten dollars ($10.00). The
Chief of Police shall not accept a dog or cat from an owner for the
purpose of disposing of the dog or cat unless and until the fee has
been paid and the owner has filled out and signed the following agreement:
IMPOUNDED DOG/CAT
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The undersigned represents and declares that he/she is the owner
of the above animal and requests that said animal be put to death.
The undersigned hereby releases the City of Fredericktown, Missouri,
from any claims arising out of this request and agrees to indemnify
the City of Fredericktown, Missouri, and hold the City of Fredericktown,
Missouri, harmless from any claim arising out of this request.
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Owner of Dog/Cat
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[R.O. 2013 § 235.180; Ord. No.
00-100 § 1, 11-13-2000; Ord. No. 01-12 § 1, 3-26-2001; Ord. No. 06-56 § 1, 10-23-2006; Ord. No. 12-05 § 1, 2-16-2012]
It shall be an offense for any person to own, keep or harbor
any dog that by loud and frequent barking, howling or yelping disturbs
the peace of one (1) or more persons. The owner, upon demand by the
Animal Warden, shall forthwith surrender any such dog.
[R.O. 2013 § 230.010; Code 1975, § 4
— 1; Ord. No. 95-37 § 1, 7-24-1995; Ord. No. 05-62 § 1, 11-28-2005; Ord. No. 13-02 § 1, 1-14-2013]
A. No person shall permit any horse, sheep, livestock, barnyard animal,
fowl or poultry or any non-domestic, dangerous or offensive animals
owned, kept or harbored by him/her to run at large.
B. No person shall keep more than two (2) dogs and/or two (2) cats,
except a litter of dogs or cats under the age of six (6) weeks, on
any one (1) tract, lot or parcel of land within the City at one time.
The keeping of more than two (2) dogs and/or two (2) cats except dogs
or cats under the age of six (6) weeks on any one (1) tract, lot or
parcel of land within the City at any one time shall be considered
a nuisance. The Animal Warden may seize any dogs or cats kept in violation
of this Section and shall hold said dogs and/or cats until such time
as a hearing in the Municipal Court may be held. In the event that
the person is found to have kept more than two (2) dogs and/or cats
in violation of this Section, then, in addition to the other penalties
provided herein, the individual shall be liable for all costs and
expenses for the holding, care and extermination of the dog or cat.
[R.O. 2013 § 230.020; Code 1952, Ch. 4, Art. 1,
§ 35; Ord. No. 14-43 § 1, 9-22-2014]
A. It shall be unlawful for any person to lead, ride, drive or place
any beast of burden on any paved sidewalk or footway, other than going
into or out of a premises owned or occupied by him/her or his/her
employer.
B. It shall be unlawful for any person to hitch or fasten any animal
to any railing, fence, tree, lamppost or awning post not belonging
to him/her or his/her employer.
C. It shall be unlawful for any person to feed any animal upon any street,
alley or sidewalk.
D. It shall be unlawful for any person to lead, ride, drive or place
any beast of burden on any street, alley or highway during the hours
between thirty (30) minutes prior to sunset and thirty (30) minutes
after sunrise.
[R.O. 2013 § 230.030; Code 1952, Ch. 5 § 31]
No butcher or other person shall kill or slaughter any beeves,
hogs, sheep or other animals within the City, nor shall such butcher
or other person at any time permit any putrid offal, carcass or part
thereof, or putrid meat, matter, blood or liquid of any kind to be
or remain in or about any house, shed, tenement or building, or upon
any lot, yard or premises owned, occupied or controlled by him/her
within the City or within one (1) mile of the limits of the City.
[R.O. 2013 § 230.040; Code 1952, Ch. 4, Art. 1,
§ 22; Ord. No. 12-2 § 1, 1-23-2012]
A. No person shall perform any of the following acts pertaining to animals
and fowl:
1.
Cruelty To Animals. Overdrive, overload, drive when overloaded,
overwork, torture, cruelly beat, mutilate or needlessly kill, or carry
or transport in any vehicle or other conveyance in a cruel and inhumane
manner, any animal or cause any of these acts to be done.
2.
Fight Upon Exhibition. Maintain any place where fowl or any
animals are suffered to fight upon exhibition, or sport upon any wager.
3.
Poisoning Dogs. Poison any dog or distribute poison in any manner
whatsoever with the intent of poisoning any dog.
4.
Killing Birds. Frighten, shoot at, wound, kill, take, capture,
ensnare, net, trap or in any other manner molest or injure any robin,
lark, whippoorwill, finch, thrush, wren, martin, swallow, snowbird,
bobolink, red-winged blackbird, oriole, kingbird, mockingbird or other
songbird or insectivorous bird; or in any manner molest or injure
the nest eggs, young or body of such bird.
B. "Animal" as used in this Section shall mean every living vertebrate
except a human being.
C. If a person is adjudicated guilty of the offense of animal cruelty
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.
[R.O. 2013 § 235.140; Ord. No.
67-5 § 11; Ord. No. 05-62 § 1, 11-28-2005]
A. A person
commits the offense of animal neglect if he or she:
1. Has custody or ownership of an animal and fails to provide adequate
care; or
2. Knowingly abandons an animal in any place without making provisions
for its adequate care.
B. All
fines and penalties for a first finding of guilt under this Section
may be waived by the court if the person found guilty of animal neglect
shows that adequate, permanent remedies for the neglect have been
made. Reasonable costs incurred for the care and maintenance of neglected
animals may not be waived. This Section shall not apply to the provisions
of Section 578.007 or Chapter 272, RSMo.
C. In
addition to any other penalty imposed by this Section, the court may
order a person found guilty of animal neglect to pay all reasonable
costs and expenses necessary for:
1. The care and maintenance of neglected 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; and
4. The avoidance or minimization of any public health risks created
by the neglect of the animals.
[R.O. 2013 § 230.050; Code 1975, § 4-5; Ord. No. 05-62 § 1, 11-28-2005]
A. Every person owning or caring for any animal or fowl that has died
from any cause shall dispose of the body thereof within twenty-four
(24) hours after knowledge of such death, either by turning such body
over to a person licensed to dispose of or transport it or by the
owner or person entitled to such body causing the same to be buried
within that time upon his/her own or any other lawfully available
premises and any such body shall be buried to such a depth that no
part thereof shall be nearer than four (4) feet to the natural surface
of the ground and every part of such body shall be covered with at
least four (4) feet of earth, in addition to any other materials that
may be used for that purpose; provided, that any person so owning
or controlling any dead animal that has not died of a contagious disease
shall have the right to remove the hide or skin thereof on his/her
own premises before burying such body as herein prescribed, but such
skinning must be done and the disposition of such hide or skin and
body must be made in a manner that will avoid the creation of any
nuisance.
B. If an animal or fowl is not in the possession or custody of any person
at the time of its death or if its owner or person caring therefor
is not known, the carcass shall be removed by the Chief of Police.
[R.O. 2013 § 230.060; Code 1952, Ch. 4, Article
1 § 33]
No person who shall engage in hauling chickens, geese or other
fowl or livestock of any kind by truck of any kind or description
shall be allowed to park or leave such truck or vehicle on any street,
alley or sidewalk of the City at night whether loaded or empty, and
no transfer of loaded trucks of livestock from one truck to another
shall be made upon the thoroughfares of the City at any time. No truck
containing manure from chickens, geese or any other fowl or animals
shall be allowed to park or be left day or night at or near any business
house or within four hundred (400) feet of any residence in the City.
No one shall water or wash such animals and fowls or wash out such
trucks upon the streets, alleys and sidewalks of the City at any time.
Any person violating any of the provisions of this Section shall be
deemed guilty of an ordinance violation.
[R.O. 2013 § 230.070; Ord. No.
07-21 § 1, 7-9-2007; Ord. No. 12-2 § 2, 1-23-2012]
A. Keeping Animals Within City Restricted.
1.
Except for dogs, cats and traditional household pets such as caged birds, similar caged animals and aquarium animals or as provided for in Subsection
(A)(3) and
(4), no person shall keep, raise, harbor, water or offer for sale any cattle, cow, bull, hog, horse, mule, jenney pony, donkey, sheep, pig, goat, chicken, rooster, goose, duck, turkey, rabbit, skunk, raccoon or any other domestic or wild animal or fowl within the City, unless such animal or fowl are kept in an enclosed area in a tract of land of three (3) or more acres in size.
2.
Large animals [over fifty (50) pounds] shall be limited to two (2) per acre over a total of three (3) acres as required in Subsection
(A)(1).
3.
A license may be issued for the raising, harboring, watering
and sale of no more than three (3) chickens or rabbits on a property
of less than three (3) acres within the City limits to parents or
guardians of minors participating in 4H or other similar educational
programs requiring the raising of such animals. Applicants for such
license shall complete a license application and provide certification
acceptable to the City Clerk of the participation of a minor resident
on the property in the 4H or other educational program and pay the
license fee as prescribed by the Board of Aldermen of Fredericktown
from time to time. Such license shall be valid only for the period
the minor is involved in the education program or for a period of
one (1) year, whichever is less. Licenses may be renewed.
4.
Veterinary clinics or offices and commercial enterprises permitted
in a commercial zone may be licensed for continuing operations including
the temporary harboring, water, treatment and sale of animals of all
kinds. Applicants for such license shall complete a one-time license
application and pay the prescribed fee. Licenses for veterinary clinics,
offices or commercial enterprises shall only be issued if such facilities
meet all other City requirements.
B. Whenever any goat(s), hog(s) of any description, sheep, cattle, mule(s),
domestic fowl or horse(s) shall be taken up and not immediately claimed,
it shall be lawful for the Chief of Police to sell same at auction
to the highest bidder, for cash, after having given five (5) days'
notice published once in the paper officially publishing the business
of the City. Such money shall go first toward the expense of caring
for the animals, then to the owner or owners on proving ownership
to the Chief of Police within thirty (30) days of said sale.
C. It shall be unlawful for any person to own, harbor, shelter, keep,
control, manage or possess any cattle, cow, bull, hog, horse, mule,
jenney pony, donkey, sheep, pig, goat, chicken, rooster, goose, duck,
turkey, rabbit, skunk, raccoon or any other domestic or wild animal
or fowl within the City within or under any building used for human
habitation within this City.
D. Notwithstanding anything in this Section, Section
250.020 of this Code shall remain in full force and effect.
E. Animal Feces Removed By Owner — Possession Of Removal Equipment.
1.
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.
2.
It is unlawful for a property owner to allow the accumulation
of animal feces on their property and removal and disposal of same
shall be done at least once every forty-eight (48) hours.
3.
It is unlawful for the owner or handler of any animal to fail
to have in their possession the equipment necessary to remove their
animal's fecal matter when accompanied by said animal on public property,
public easement or private property of another.
[Ord. No. 23-20, 7-10-2023]
A. Service
animals, as defined in this Chapter, or service animals meeting the
definition of "service animal" as provided by Department of Justice
regulations, shall be permitted in public areas of buildings, facilities
or other areas owned or managed by the City.
B. Any
animal that does not meet the definition of "service animal," such
as a pet or "support animal," is prohibited from all buildings, facilities
or other areas owned or operated by the City, unless otherwise specifically
authorized by the City.
C. Service
animals must be harnessed, leashed, or tethered, unless these devices
interfere with the service animal's work or the individual's disability
prevents using these devices. In that case, the individual must maintain
control of the animal through voice, signal, or other effective controls.
D. The
City may direct that the service animal be removed from the premises
if:
1. The service animal is out of control and the animal's handler does
not take effective action to control it; or
2. The animal is not housebroken.