For the purposes of this Chapter,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
To forsake entirely, to neglect or refuse to provide or perform
legal obligations for the care and support of an animal. Such abandonment
shall constitute the relinquishment of all rights and claims by the
owner to such animal.
Normal and prudent attention to the needs of an animal, including
health care as necessary to maintain good health or address illness
or injury in a specific species of animal.
Reasonable restraint sufficient to prevent an animal from
running at large, from injuring itself, any person, or any other animal,
or from damaging any property.
Foodstuff provided free of contamination by insects, fungus,
mold, mildew or other form of spoilage, provided at suitable intervals
and in suitable supply for species and age of such animal, sufficient
to maintain a reasonable level of nutrition, and provided in a safe
dish or container.
The continuous provision of a structure having a roof, walls,
and a floor, which is dry, weatherproof, and made of durable material.
At a minimum, the structure must:
Be sufficient in size to allow each
sheltered animal housed in it to stand up, turn around, and lie down,
though small enough for the animal to maintain its own body heat;
Shelter the animal from the adverse
effects of the elements, including access to shade from direct sunlight
and protection from exposure to inclement weather conditions;
Be free of standing water and accumulated
waste;
Have adequate ventilation;
Provide a solid surface, resting platform, pad, floor mat, or
similar device that is large enough for the animal to lie on in a
normal manner; and
Occupancy has not been prohibited by the Code Official under Chapter 525.
Potable water of a drinkable temperature which is free from
contamination by fecal matter, urine, mold, mildew, bacteria or other
forms of spoilage which would make the water unsuitable to be consumed;
and provided in a safe dish, container or by another suitable manner,
in sufficient volume, and at suitable intervals to maintain normal
hydration for the weather conditions and the age, species, condition,
size, and type of each animal, but under no circumstances shall such
interval exceed twelve (12) hours.
Any domestic member of the felis catus family over the age
of six (6) months.
Any domestic member of the canis familiaris family over the
age of six (6) months.
Any animal, male or female, whose reproductive organs have
been surgically removed.
Any living vertebrate except human.
Off the premises of the owner, or of anyone having care,
custody, or control of the animal, and not under the adequate control
of the owner or of anyone having care custody or control of the animal.
At large shall not include any dog or puppy lawfully off-leash in
a designated off-leash animal park.
Breaking of the skin caused by an animal. An unprovoked bite by an animal, other than a dangerous animal, shall be disposed of in the manner set forth in Section 205.300 of this Chapter.
A place or establishment other than a pound where animals
not owned by the proprietor are sheltered, fed and watered for a fee.
A place or establishment maintaining five (5) or more female
cats or dogs as breeding stock.
Includes any structure meant to keep chickens, and includes
certain indoor (coop) and outdoor portions (run or pen) designed to
prohibit accessibility from predators.
[Ord. No. 7840, 7-27-2023]
A cat that is unowned, free roaming, stray, lost or an abandoned
former pet living in the wild that may or may not be feral or socialized.
The current Compendium of Animal Rabies Control issued by
the National Association of State Public Health Veterinarians, Inc.
Any person, regardless of age, who has custodial or supervisory
authority or control over an animal.
Pollution, waste, fungus, mold, mildew, bacteria or other
unclean material that has rendered water or food to become unusable.
Any animal with the following characteristics:
Any animal which has killed or critically
injured a domestic animal, livestock or poultry, without provocation,
while off the owner's property.
Any dog owned or harbored primarily
or in part for the purpose of dog fighting or any dog trained for
dog fighting.
Any animal which has bitten a human
being, without provocation and inflicted serious injury, on public
or private property.
Any animal which has attacked any
human being or domestic animal, on more than one (1) occasion, where
at least one (1) attack occurred without provocation.
Any animal declared dangerous by
the Health Manager, including animals with previous incidents of attack,
aggression or biting, when official reports are received.
Any dog with the following characteristics:
Any dog which has inflicted a severe
or fatal injury on a human, whether upon public or private property,
provided that the Division has a signed physician's statement documenting
the injury and its treatment, and qualifying the injury as a severe
or fatal injury.
Any dog declared by the Department
Director to be dangerous pursuant to OSCCMo Section 205.142(C) and
(D) or lawfully declared dangerous by a City or municipality within
the County.
Any person, group of persons or corporation engaged in selling
or donating dogs, cats or other small animals to other dealers, or
to kennels, pet shops or research facilities.
The St. Charles County Department of Public Health.
The Director of the St. Charles County Department of Public
Health.
The Division of Humane Services of St. Charles County, Missouri.
The Director of the Division of Humane Services of St. Charles
County, Missouri.
The care or keeping of dogs and/or cats by an adult person
who maintains more than three (3) but not more than five (5) pet units
in a residentially zoned area.
Consists of, but is not limited to, potbellied pigs, ferrets,
hedgehogs, and rodents (including chinchillas, rabbits, guinea pigs,
hamsters, rats, mice, and other rodent-related mammals).
Any animal, including but not limited to a cat, dog, kitten,
puppy, potbellied pigs, small warm-blooded animals commonly kept as
house pets such as rats, mice, gerbils, rabbits, ferrets, guinea pigs,
hamsters, birds, and small cold-blooded animals commonly kept as house
pets such as fish and non-poisonous lizards and non-poisonous and
non-constricting snakes less than eight (8) feet in length.
A building, or portion thereof, designed and used exclusively
for residential occupancy.
The period in the sexual cycle of most female mammals, during
which they are in heat.
Any animal not indigenous to the United States and/or not
normally kept as a pet, including but not limited to non-human primates,
alligators, large carnivores, deadly or poisonous animals, wolves,
coyotes or any animal bred with a wolf or coyote.
Any animal, whether licensed and vaccinated for rabies or
not, which has been bitten by or has been fighting with, or has consorted
with an animal known to have rabies or showing symptoms of rabies.
A domestic cat born in the wild or that has reverted back
to a wild state and is not tame or socialized.
Any program adopted as provided for in the Ordinances of
St. Charles County, Section 205.225, or approved by the Division Director
that provides spay/neuter services education for and related to only
feral and community cats.
Any establishment or place where animals are bathed and/or
groomed for a fee.
To feed, shelter, or confine an animal.
The Health and Code Enforcement Manager of the City of St.
Peters or any person(s) or agent(s) employed or designated by the
Manager, to enforce this Chapter.
Serious injury shall refer to an injury that causes disfigurement,
prolonged impairment of health, or prolonged loss or impairment of
the function of a body part.
Critical injury shall refer to an injury that places life in
jeopardy, produces unconsciousness, involves the amputation of a limb,
or results in substantial loss of blood.
To apprehend, catch, trap, net or, if necessary, kill any
animal by the Division or its agent.
Any premises designated by the County for the purpose of
caring for animals impounded by the Division or its agent.
A place or establishment engaged in buying, selling, breeding,
or boarding dogs, cats or other small animals.
Any domestic member of the felis catus family age of six
(6) months or under.
A chip encoded with a unique identification number that can
be implanted in an animal for identification purposes, and is obtained
from a manufacturer, a veterinary clinic, a pet services facility,
or the Division.
A lessee, tenant or land owner who lives on the premises
and is eighteen (18) years of age or older.
Any person who owns or possesses an animal.
A secure enclosure with four (4) sides, a top, and a lockable
gate/door that is large enough to allow animals free movement while
inside, protection from the elements and will prevent an animal from
escaping or entering.
Any commercial establishment where dogs, cats or other small
animals are bought, sold, or exchanged.
An owner of a boarding or breeding kennel, pet shop, dealership
or grooming parlor.
Any domestic member of the canis familiaris family age of
six (6) months or under.
The procedure of vaccinating against the rabies virus and
issuing a numbered tag and an identically numbered certificate of
vaccination. The words "registration" and "vaccination" shall be interchangeable.
Any fence kept in good repair, constructed of wood, metal
or plastic and built to prevent an animal from going over, under or
through; and prevents the animal from putting his/her head or mouth
through any opening.
Any object which bears the number of a certificate of vaccination
and which has been issued by the authority of the Division.
Any individual who is validly and currently licensed to practice veterinary medicine in Missouri as determined by the Missouri Veterinary Medical Board in accordance with the requirements and provisions of Missouri Revised Statute, Sections 340.200 to 340.298.
Any indigenous species of animal which is not normally domesticated
in the United States and would normally live in the wild, irrespective
of its actual state of domesticity, docility or tameness.
[1]
Editor's Note: Ord. No. 6849 adopted a kenneling agreement with St. Charles County which required the adoption of some St. Charles County Code material. The codifier worked from a redline copy of Chapter 205 that the City provided to incorporate the County Code into their City Code with any amendments thereto.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
This Chapter shall apply to the unincorporated
area of the County, or to any Cities or municipalities having adopted
this Chapter in whole or in part pursuant to a contract for kenneling
and/or enforcement with the County.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
Except as hereby provided, in all residential
zoning districts, domestic pets may be kept by the occupant of a dwelling
unit, unless otherwise specified by management/owner of said dwelling
unit. These animals may not be used or kept for commercial or resale
purposes or so as to cause a public nuisance. (See "Kennel")
B.
An owner or competent person is guilty
of animal neglect when having custody or ownership of an animal and
failing to provide the animal with adequate care, adequate food, adequate
water, adequate shelter, or adequate control, or allows an animal
to be at large. 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 said minor child.
C.
An owner, a person, or proprietor responsible
for confining or harboring an animal is guilty of animal neglect if
he or she fails to provide said animals with sufficient good and wholesome
food, water, adequate shelter, protection from the weather, veterinary
care when needed or required by Animal Control Officers to preserve
the health of the pet, and humane care and treatment. In addition
to adequate shelter, when the sun, heat and/or humidity is likely
to cause heat-related problems to an animal tied, caged or fenced
outdoors, sufficient shade by natural or artificial means must be
provided and available to the animal at all times to protect it from
direct sunlight. The maximum time limit without said adequate shelter
or shade is subject to professional judgment based on the species,
coat length, and current weather conditions.
D.
An owner or competent person is guilty
of animal abuse when he or she:
1.
Cruelly ill-treats, torments, overloads, overworks or otherwise abuses
an animal or causes, instigates or permits any dogfight, cockfight,
bullfight or combat between animals or between animals and humans.
2.
Intentionally or purposely kills an animal in any manner except humane
euthanasia performed by a licensed veterinarian.
3.
Purposely abandons any animal in any place without making provisions
for its adequate care.
4.
Overworks, overloads, drives, tortures, beats, or recklessly or maliciously
kills an animal, or carries or transports any animal in any non-enclosed
vehicle or other conveyance from which it can escape, fall or be thrown,
or in an inhumane or unsafe manner, or causes any of these acts to
be done.
5.
Purposely, intentionally or recklessly fails to provide adequate
food, adequate water, adequate shelter, or adequate care.
E.
Any person found guilty of animal abuse
or neglect shall be responsible for all actual costs associated with
the impoundment, care and all diagnostic tests and treatments.
F.
No person shall give away any live animal,
reptile or bird as:
G.
Any person who, as the operator of a motor
vehicle, strikes a domestic pet, shall immediately report such injury
or death to the animal's owner. In the event the owner cannot be ascertained
and located such operator shall at once report the accident to the
appropriate law enforcement agency or to the Health Manager.
H.
No
person shall expose any known poisonous substance, whether mixed with
food or not, so that the substance shall be liable to be eaten by
an animal, provided that it shall not be unlawful for a person to
expose, on his/her own property, common rat poison mixed only with
vegetable substances. City Health Officials are exempt from this requirement.
I.
Disposal Of Fecal Matter.
[Ord. No. 7840, 7-27-2023]
1.
All fecal accumulations in any pen,
run, cage, yard, room or dwelling unit where any animal is kept shall
be removed and disposed of in such a manner as to prevent the breeding
of flies and creation of offensive, disagreeable or noxious odors
or other nuisance conditions. Except in the case of a hen enclosure,
no person shall permit fecal matter to accumulate in any pen, run,
cage, yard, room or dwelling unit where an animal is kept, for a period
of time longer than twenty-four (24) hours. Chicken manure shall be
removed from the animals' enclosure and disposed of properly every
forty-eight (48) hours.
2.
Any person having physical possession
and/or control of any animal, whether on personal property owned by
another or in a public place, including, but not limited to, streets,
sidewalks, parking lots, and public parks, shall possess and carry
a device, mechanism or container designed for the removal of fecal
matter deposited by said animal and shall, upon such a deposit by
said animal, immediately remove any and all such fecal matter.
3.
Fecal matter shall be contained and disposed of as solid waste. No person shall discharge, or cause to be discharged, any fecal matter into any municipal storm drain system or any watercourses, including, but not limited to, creeks, streams, ponds or lakes. No person shall dispose of any fecal matter as yard waste, with yard waste collection or in a home composting plot, except for the composting of chicken manure in accordance with Section 215.010(J).
J.
No person shall feed or construct artificial
nesting sites in the City of St. Peters for any wild waterfowl including
geese except when specially authorized by the Manager.
K.
No animal may be confined in a building,
enclosure, car, boat, vehicle or vessel of any kind when weather conditions,
hot or cold, may be harmful to its health. A warning notification,
verbally or in writing, shall be issued advising of the requirements
of this Section and, unless the animal's life is in immediate danger,
allowing twenty-four (24) hours for the situation to be corrected.
Any person who fails to immediately remove an animal from a life-threatening
situation to a more suitable environment, pending correction of the
current conditions, shall be guilty of a violation and will receive
a summons to appear in Municipal Court. An animal confined in any
such vehicle or vessel whose life is in imminent danger and whose
owner or caretaker is not present or cannot be located will be removed
under the supervision of a Police Officer and/or an Animal Control
Officer and, depending on its current health status, will be taken
into protective custody and receive veterinary care as needed at the
owner's expense.
L.
Chicken
Enclosure Requirements.
[Ord. No. 7840, 7-27-2023]
1.
Hen enclosures shall be constructed to include four (4) square feet
of space inside the coop per hen, up to a maximum of thirty-two (32)
square feet in size. Hen pens shall be constructed to include ten
(10) square feet of outdoor space per chicken, up to a maximum of
eighty (80) square feet in size. Coops may not exceed six (6) feet
in height.
2.
Food for hens shall not be stored in a way that may create a public
nuisance.
3.
Chicken manure shall be removed from the animals' enclosure and disposed of properly or composted in accordance with Section 215.010(J).
[Ord. No. 7800, 4-27-2023]
A.
No
owner or competent person or owner shall place or leave the carcass
of any dead animal in any street, alley or lot, or allow the carcass
to remain on his/her or anyone else's property.
B.
The
owner of any animal which has died from any cause other than rabies
or suspected rabies, shall dispose of the body within twenty-four
(24) hours after knowledge of such death. The animal shall be buried
no closer than three (3) feet to the natural surface of the ground
or disposed of by the County, a private veterinarian, or a disposal
plant licensed under Chapter 269, RSMo., 1986.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
No person or business shall keep any wild
or exotic animal for display or for exhibition purposes, whether gratuitously
or for a fee. This Section shall not be construed to apply to zoological
parks, performing animal exhibitions or circuses.
B.
No person shall keep or permit to be kept
any wild or exotic animal as a pet.
C.
Registration.
1.
No business shall keep any wild or
exotic animal for sale without first applying for and receiving approval
of a wild animal registration from the Health Manager. The annual
fee for such registration shall be the sum of one thousand dollars
($1,000.00), for the first wild animal and twenty-five dollars ($25.00)
for the second and subsequent wild or exotic animal(s).
2.
The registration fee shall be from
January 1 to December 31. Renewal applications for registrations shall
be made thirty (30) days prior to December 31 of each year. Application
for a registration to keep wild animals for sale under the provisions
of this Article may be made at any time during the year. Registrations
issued during the year shall not be prorated. To comply with State
Statutes regarding registration of such animals, the applicant must
provide a copy of the wild animal registration to the St. Peters Police
Department.
3.
Registration issuance shall be contingent
upon the applicant meeting the following requirements:
a.
Complying with the most current cage
size standards of the American Association of Zoological Parks and
as specified in the Federal Animal Welfare Act's most current version.
Cages must be located one hundred (100) feet from any property line.
b.
Providing primary liability insurance
or a surety bond to include bodily injury and property damage in the
amount of at least one million dollars ($1,000,000.00) before the
license can be issued. This is required to cover any bodily injuries,
deaths or property damages which may result from the ownership of
such animal. The insurance policy or bond shall contain a provision
requiring the City of St. Peters to be notified by the issuing company
prior to any cancellation, termination or expiration of said policy.
c.
Satisfactory field inspection for
sanitary and humane conditions.
d.
Presenting to the Health Manager
a State of Missouri Wildlife Breeder or Hobby permit, and any Federal
wildlife permits required for each species.
e.
Following specifications for the
humane handling, care, treatment and transportation of wild animals,
according to the requirements of the Federal Animal Welfare Act of
1970 and the Wildlife Code of Missouri.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
Bees may be kept in a residentially zoned
district under the following conditions:
1.
A minimum lot size of ten thousand
(10,000) square feet.
2.
The maximum number of colonies shall
be limited to three (3) hives.
3.
The hive(s) location shall not be
visible where possible, and behind a sight-proof fence, which is six
(6) feet in height; a fresh water supply shall be located within five
(5) feet of the hive.
4.
An apiary of one (1) or more hives
shall be located at least twenty (20) feet from the property line
or public right-of-way, with the hive opening directed towards the
most distant property line.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
No performing animal exhibition or circus
shall be permitted in which animals are induced or encouraged to perform
through the use of chemical, mechanical, electrical, or manual devices
in a manner which will cause, or is likely to cause, physical injury
or suffering.
B.
All equipment used on a performing animal
shall fit properly and be in good working condition.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
No person other than a veterinarian or
licensed veterinary biologics supplier shall possess, purchase or
sell an anti-rabies vaccine, except when it is purchased from and
administered by a veterinarian to an animal at the time of sale.
B.
No veterinarian shall sell or otherwise
transfer an anti-rabies vaccine to a person who is not a veterinarian
unless the veterinarian administers the vaccine to an animal at the
time of sale.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7174, 8-8-2019; Ord. No. 7800, 4-27-2023]
A.
No residential structure or lot shall house
or contain more than three (3) pet units as hereinafter defined. A
dog, cat, potbellied pig, or unaltered rabbit shall constitute one
(1) pet unit. Five (5) chinchillas, altered rabbits, guinea pigs,
hamsters, mice or other rodent-related mammals over the age of three
(3) months, or any combination thereof, shall constitute one (1) pet
unit. The Health Manager may under an emergency circumstance permit
an additional two (2) pet units per residential structure or lot for
a period not to exceed sixty (60) days.
B.
In addition to the three (3) permitted
pet units, a residential structure or lot may contain two (2) additional
pets that are being fostered. To be recognized as a fostered pet the
animal must be obtained from an animal shelter registered by the Missouri
Department of Agriculture through the Animal Care Facilities Act.
C.
A litter of puppies or a litter of kittens
are exempted from the pet limit calculation until the pets reach the
age of four (4) months. Only one (1) litter of either puppies or kittens
is exempted from the pet limit calculation at any time.
D.
Notwithstanding the foregoing, a person that has been issued a Domestic Animal Avocation Permit pursuant to Section 205.105 of this Code, and has no violations of this Chapter, shall be permitted to harbor or keep:
1.
No more than five (5) pet units, including pets that are being fostered, in any dwelling or on any lot zoned for a single-family residential use consistent with the requirements of Chapter 405 of this Code; provided, however;
2.
No more than three (3) of the five
(5) pet units allowed pursuant to this Subsection shall consist of
Domestic Others.
E.
A person that has been issued a Hen Permit pursuant to Section 205.106 of this Code, and has no violations of this Chapter, shall be permitted to keep chickens (hens) in residential zoning districts on lots of one (1) acre or more in accordance with the regulations set forth in Section 405.280(F) and this Section. Roosters are not permitted in residential zoning districts. Roosters may not be raised or housed in any chicken coop or pen. No more than eight (8) hens in total shall be permitted on a residential property of any size or type.
[Ord. No. 7840, 7-27-2023]
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
Every person who owns, controls,
manages, possesses any dog, cat or other animal, or who permits a
dog, cat or other animal to come or remain in or about any home, place,
business or other premises owned or controlled by such person, is
encouraged to purchase an I.D. tag with the animal's name, owner's
name, address, area code and phone number, and fasten it securely
to the collar or harness of the animal. A rabies tag shall be purchased
and affixed to the collar or harness of the animal and may be considered
an I.D. tag if it is issued by a County or a licensed veterinarian.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
Every owner or competent person who is
responsible for any puppy, kitten, or ferret shall have such puppy,
kitten or ferret vaccinated by a veterinarian against rabies and registered
as provided in this Article when or before the puppy, kitten or ferret
reaches six (6) months of age, but not before it reaches three (3)
months of age.
B.
Every cat, dog, kitten, puppy and ferret
shall be vaccinated by a veterinarian as indicated by the Compendium
of Animal Rabies Control. No dog, cat, or ferret shall be exempted
from this Article due to advanced age.
C.
No veterinarian practicing in St. Charles
County shall vaccinate any animal without complying with the registration
requirements of this Section within thirty (30) days of vaccination.
D.
The Division shall prepare numbered tags
and certificates of vaccination for distribution to veterinarians
practicing within St. Charles County, and to veterinarians who practice
outside the County but who vaccinate animals that are transported
into the County.
E.
Each veterinarian practicing in St. Charles
County shall order from the Division a sufficient number of numbered
tags and certificates of vaccination to assure that he/she will be
able to discharge his/her duty to register and vaccinate a ferret,
dog, or cat under this Article.
F.
All veterinarians shall pay the Division
a fee to be set by the County Council for each numbered tag and certificate
of vaccination ordered, payable either upon receipt of the tags and
certificates ordered or within thirty (30) days of billing.
G.
Veterinarians may include the fee authorized by Subsection (F) of this Section in the amount charged clients for supplies and services in vaccinating a ferret, dog, or cat.
H.
After vaccinating any ferret, dog, or cat,
the veterinarian shall complete a certificate of vaccination, assign
it the number of a numbered tag, and deliver that tag and a copy of
the certificate of vaccination to the vaccinated animal's owner and
the Division. It shall be the owner's duty to attach the tag to a
collar or harness of the vaccinated animal and ensure that the animal
wears its collar or harness when outside the owner's residence. Any
ferret, dog, or cat found at large without a tag may be deemed to
be a stray animal and not vaccinated under this Section.
I.
The Division shall collect its copies of
completed certificates of vaccination and maintain cross files of
the certificates by name of owner and by certificate number.
