[Ord. No. 4443,[1] § 1, 11-26-2013]
This chapter shall be known and may be cited as "The Animal
Control Code of the City of Crestwood, Missouri".
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 6, as amended.
[Ord. No. 4443, § 1, 11-26-2013]
(a)
The purposes of this chapter include:
(1)
Prevention of the introduction or transmission of rabies.
(2)
Prevention of the introduction or transmission of other zoonotic
diseases.
(3)
Protection and enhancement of the health and safety of humans by
regulating animals whose conduct could be harmful to humans.
(4)
Prevention of mistreatment of animals and protection and enhancement
of the health and safety of animals.
[Ord. No. 4443, § 1, 11-26-2013]
(a)
AT LARGE
BITE or BITTEN
CAT
CATTERY
CERTIFICATE
DANGEROUS ANIMAL
DISTURBANCE
DOG
EUTHANIZE
EXCESSIVE ANIMAL NOISE
EXPOSED TO RABIES
HEALTH DEPARTMENT, DIRECTOR or HEALTH DIRECTOR
IMPOUND
INTACT ANIMAL
KENNEL
KITTEN
PERSON RESPONSIBLE FOR AN ANIMAL or RESPONSIBLE PERSON
PUPPY
VACCINATE
VACCINATION REGISTRATION
VETERINARIAN
For the purpose of this chapter, certain terms and words are hereby
defined. Words used in the present tense include the future, the singular
number includes 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 include both male and female;
the word "shall" is mandatory and directory wherever it is used in
this chapter. Other words defined are:
An animal who is deemed to be at large in accordance with
the St. Louis County Animal Control Code.
A puncture, tear or abrasion of the skin inflicted by the
teeth of an animal.
All members of the classification felis domesticus, male
or female, four months of age or older.
Any place or tract of land, whether indoors or outdoors,
whether enclosed or not, whether used for pleasure of profit, in which,
at which or upon which four or more cats are kept, housed, bred, raised,
fed, displayed, exhibited or sold. The owner of four or more cats,
whether owned for pleasure or profit, breeding or exhibiting, shall
be deemed to be the operator of a cattery.
A certificate issued under the St. Louis County Animal Control
Code at the time of the vaccination of a dog or cat, bearing thereon
the signature of the veterinarian performing the vaccination, the
registration number, the name, color, breed and sex of the dog or
cat, the name and address of a person responsible for the dog or cat,
the date of the vaccination, and the type of vaccine administered.
A dangerous animal is any animal that meets the definition
of "dangerous animal" in the St. Louis County Animal Control Code.
Excessive animal noise for a period of ten consecutive minutes
between the hours of 8:00 a.m. and 10:00 p.m., or any excessive animal
noise for a period of five consecutive minutes from 10:00 p.m. to
8:00 a. m. within a twenty-four hour period.
[Ord. No. 5173, 8-24-2021]
All members of the classification canis familiaris, male
or female, four months of age or older.
To put to death in a humane manner, taking into account the
circumstances necessitating the euthanasia and need to protect the
public health.
Any animal noise causing a disturbance by barking, howling,
meowing or other noisemaking.
Any vaccinated or unvaccinated animal, which has been bitten,
has been fighting with or has had contact with:
The St. Louis County Department of Health or the Director
of the St. Louis County Department of Health or his or her designee.
To apprehend, seize, catch, trap, net, quarantine, tranquilize,
or confine an animal in a humane manner.
Any animal that has not been spayed or neutered.
Any place or tract of land, whether indoors or outdoors,
whether enclosed or not, whether used for pleasure or profit, in which,
at which or upon which four or more dogs are kept, housed, bred, raised,
fed, displayed, exhibited or sold. The owner of four or more dogs,
whether owned for pleasure or profit, breeding or exhibiting, shall
be deemed the operator of a kennel.
All members of the classification felis domesticus, male
or female, under the age of four months.
Any person, firm, association, partnership, or corporation
which owns, harbors, shelters, keeps, controls, manages, possesses,
or has a part interest in any dog, cat, animal, cattery or kennel
in the City. The occupant of any premises on which a dog or cat or
other animal remains for a period of seven days, or to which it customarily
returns for a period of 10 days is presumed to be harboring, sheltering
or keeping the aforementioned dog, cat or other animal within this
definition. If a minor owns an animal subject to the provisions of
this chapter, the head of the household of which such minor is a member
shall be the person responsible for the animal under this chapter,
whether or not such household head is himself a minor. If not a member
of a household, such minor shall himself be the responsible person.
There may be more than one person responsible for an animal.
All members of the classification canis familiaris, male
or female, under four months of age.
The injection by a veterinarian of a specified dose of anti-rabies
vaccine into the body of an animal in accordance with the St. Louis
County Animal Control Code.
The procedure of vaccinating for rabies and issuing an identification
number and an appropriate certificate under the St. Louis County Animal
Control Code. The words "vaccination" and "registration" shall be
interchangeable.
Unless otherwise specifically indicated, veterinarian means
any person holding a valid current veterinarian license issued by
the State of Missouri or any other state.
[Ord. No. 4443, § 1, 11-26-2013]
The enforcement of this chapter shall be the responsibility
of the Director of Public Services or his/her designee, the Health
Director or his/her designee where provided, and the Chief of Police
and police officers, but only police officers can affect a physical
arrest.
[Ord. No. 4443, § 1, 11-26-2013]
Any person violating any of the provisions of this chapter shall,
upon conviction by the City prosecutor, be subject to all penalties
provided for violation of City ordinances. Nothing herein shall be
interpreted or construed to prohibit the Health Director's or his/her
designee's enforcement of these provisions where provided.
[Ord. No. 4443, § 1, 11-26-2013]
(a)
No household may keep more than three dogs or three cats or any combination
thereof, unless otherwise provided for by this Code.
(1)
Rabies vaccination requirements. Every dog, cat, puppy and kitten
shall be vaccinated against rabies and registered as provided in the
St. Louis County Animal Control Code.
(2)
Identification tags. Every dog, cat, puppy, and kitten must have
an identification tag containing, at a minimum, one phone number and
a physical address (not a post office box). The identification tag
shall be attached to the animal's collar or harness and worn at all
times when the animal is outside the residence of the responsible
person.
(3)
Kennel, cattery, animal rescue licenses and sportsman's permits.
No person shall maintain a kennel or cattery within the City without
a license therefore. Applications for said license shall be submitted
to the Director of Public Services or his/her designee who will be
responsible for an investigation of the applicant's proposed activities,
the facilities available, and the potential for negative neighborhood
impact. The Director of Public Services or his/her designee will grant
licenses to approved applicants for the period of one calendar year
upon payment of an annual fee.
a.
Noncommercial kennels or catteries shall pay an annual fee of $10.
The number of dogs or cats to be kept in any noncommercial kennel
or cattery shall not exceed five. License applications may be denied
by the Director of Public Services or his/her designee if historical
records indicate a failure of the applicant to provide adequate and/or
humane facilities, if animals or premises are deemed to be a nuisance,
or the applicant has failed to comply with other provisions of this
Code in the past one year or until the number of animals is reduced
naturally through attrition to three. After which time the licensee
shall maintain no more than three animals. Noncommercial kennel or
cattery licenses shall only be allowed under the following circumstances:
1.
An applicant moves to the City of Crestwood from a jurisdiction
that allows more than three animals per residence, or
2.
An applicant has a relative or family member take up residence
and brings existing animals which increase the number to greater than
three, or
3.
An applicant has an immediate family member which has become
infirmed and in need of placement of existing animals whose addition
increases the number to greater than three.
b.
Commercial kennels or catteries shall pay an annual fee of $50. Applicants
for commercial permits must also meet all the requirements of the
Zoning Code of the City of Crestwood. The total number of animals
to be kept in any such kennel or cattery shall not exceed 15. Licenses
will be granted only to individuals who have USDA or ACFA approval
and only for the breeding of purebreds.
The holder of either a noncommercial or commercial kennel or
cattery permit may keep one litter intact until the animals reach
six months of age; one animal from the litter may be retained until
it reaches 12 months of age. At no time may the holder of either permit
retain more than six animals over six months of age nor more than
five animals over one year of age. Animals must be vaccinated in accordance
with the St. Louis County Animal Control Code.
c.
Rescue organization affiliates shall pay an annual license fee of
$150. Licenses will be granted only to individuals who are active
members of an established domestic animal rescue organization, have
USDA or ACFA approval, and who meet the standards for kennel or cattery
licenses except that the animals need not be purebreds. The total
number of animals shall be limited to eight per household. Up to three
personal pets may be maintained at the same location and must be registered
with the City on an annual basis, but such animals must figure into
the total of only eight animals per household. The Director of Public
Services or his/her designee may waive the limitations set forth in
this subsection if the rescue organization affiliate maintains its
facility not within a household.
d.
Sportsman's permits may be issued upon application to and approval
from the Director of Public Services or his/her designee. Owners of
purebred animals may obtain a permit for a fee of $10 to keep up to
five animals in a residential area provided:
(b)
The facilities maintained by license and permit holders under this
section shall be inspected at any reasonable time, one time each year,
or more often as may be necessary to ensure compliance with this Code.
Licenses may be revoked or suspended by the Director of Public Services
or his/her designee for failure of licensee to provide adequate and/or
humane facilities, or if animals or premises are deemed to be a nuisance.
[Ord. No. 4443, § 1, 11-26-2013]
Dogs, cats, and other animals shall be impounded in accordance
with the St. Louis County Animal Control Code.
[Ord. No. 4443, § 1, 11-26-2013]
All non-rabid dogs and cats and other animals captured or impounded
shall be held, treated, and/or released in accordance with the St.
Louis County Animal Control Code.
[Ord. No. 4443, § 1, 11-26-2013]
Any dog or cat or other animal showing signs of rabies shall
be treated in accordance with the St. Louis County Animal Control
Code.
[Ord. No. 4443, § 1, 11-26-2013]
Any person having information or knowledge of any animal showing
signs of rabies or having been exposed to rabies or having bitten
a human shall report such information to the Health Director in accordance
with the St. Louis County Animal Control Code.
[Ord. No. 4443, § 1, 11-26-2013]
(a)
Any dog, cat, puppy, kitten or other animal which has bitten a human
shall be treated in accordance with the St. Louis County Animal Control
Code.
(b)
Any dog, cat, puppy, kitten, or other animal that has been exposed
to or is suspected of being exposed to rabies shall be treated in
accordance with the St. Louis County Animal Control Code.
[Ord. No. 4443, § 1, 11-26-2013]
Quarantine orders shall be issued in accordance with the St.
Louis County Animal Control Code. All persons responsible for an animal
shall comply with the requirements of the quarantine order as it applies
to that animal.
[Ord. No. 4443, § 1, 11-26-2013]
It shall be unlawful for any person to conceal an animal or
interfere with the Health Director or his/her designee, the Director
of Public Services or his/her designee, or police officers in the
performance of their legal duties as provided in this chapter.
The Health Director or his/her designee and police officers
shall have the right of entry onto any lots or lands for the purpose
of collecting any dog, cat, or other animal, which is subject to impoundment
pursuant to this chapter. The Health Director or his/her designee
and police officers shall also have the right of entry to any lots
or lands within any quarantined area during the period of such quarantine
for the purpose of examining or obtaining any dog, cat, or other animal.
[Ord. No. 4443, § 1, 11-26-2013]
Cruelty to animals shall be regulated in accordance with the
St. Louis County Animal Control Code.
[Ord. No. 4443, § 1, 11-26-2013]
Dangerous animals shall be regulated and treated in accordance
with the St. Louis County Animal Control Code.
[Ord. No. 4443, § 1, 11-26-2013]
No animal shall be at large as defined and regulated in the
St. Louis County Animal Control Code.
[Ord. No. 4443, § 1, 11-26-2013; Ord. No. 4564, § 1, 6-9-2015; amended 6-12-2018 by Ord. No. 4873]
(a)
It is unlawful to keep, maintain or allow to remain upon one lot,
tract or parcel of ground within the City any sheep, goats, hogs,
cows, horses, mink, rabbits, ducks, geese, pigeons, turkeys, or other
domestic animals or fowl. It is unlawful to keep, maintain or allow
to remain upon one lot, tract or parcel of ground within the City
any chicken hens or bees (including honeybees), except as provided
in this section.
[Amended 10-27-2020 by Ord. No. 5095]
(b)
Any person wishing to keep any chicken hens or bees (including honeybees)
in the City may file with the Director of Public Services or his/her
designee a written application for a permit, stating the location
and facilities to be provided, the size of the premises of the applicant,
the number of each to be kept, and the purposes of keeping. If the
Director of Public Services or his/her designee approves the same,
he/she may grant such a permit. Each permit is good for a period of
one year from the date thereof unless sooner revoked after hearing.
The number of chicken hens allowed under the permit shall not exceed
nine. Honeybees will be limited to the number approved by the Director
of Public Services or his/her designee at the time of issuance of
the permit. The facilities maintained by the permittee shall be inspected
at any reasonable time, one time each year, or more often as may be
necessary to ensure compliance with this section. Permits may be revoked
or suspended for failure of the permittee to provide adequate and/or
humane facilities, or if animals or premises are deemed to be a nuisance.
[Amended 10-27-2020 by Ord. No. 5095; Amended 8-23-2022 by Ord. No. 5294]
(c)
Pot-bellied pigs or other domesticated swine are expressly prohibited
within the City of Crestwood.
(d)
Nothing herein shall prohibit the keeping of the usual domestic animals
such as the usual children's pets, or the keeping of any ducks that
are present upon any lot, tract, or parcel of ground within the City
as of October 27, 2020, provided they are not deemed to be a nuisance.
Any duck kept, maintained, or allowed upon a lot, tract or parcel
of ground within the City that was not upon such lot, tract or parcel
of ground as of October 27, 2020, is prohibited.
[Amended 10-27-2020 by Ord. No. 5095]
(e)
All domestic animals, fowl and bees, while on the premises of their
owner, shall be under the immediate control of their owner or custodian
or shall be securely restrained or enclosed in a suitable outbuilding
or enclosure.
(f)
Any building or enclosure contemplated by this section must be kept
in a clean and sanitary condition so that no offensive odors escape
therefrom. Any building or enclosure must be cleaned at least every
24 hours, so that no offensive odor or unsightly condition exists.
Any manure or other waste from the chicken hens shall be collected
and properly removed from the premises or tilled into the soil on
the premises promptly and regularly to prevent the spreading of offensive
smells or diseases. The presence of numerous flies or the presence
of fly larvae in the vicinity of any such premises, enclosures, or
structures shall be evidence of a lack of sanitary maintenance of
the premises and shall constitute a public nuisance. Any obnoxious
odor or allergen arising from any condition existing within the enclosure
or within any structure used or intended to be used for the housing
of chicken hens shall be evidence of a lack of sanitary maintenance
of the premises and shall constitute a public nuisance.
[Amended 10-27-2020 by Ord. No. 5095]
(g)
Any person having physical control/possession of any animal is responsible
for disposing of any fecal matter deposited by that animal. This includes,
but is not limited to, the owner's private property, someone else's
private property, vacant property, streets, sidewalks, parking lots,
common ground areas, and all public park areas.
(h)
The owner of the premises and the tenant and custodian must promptly
comply with orders of the City and/or St. Louis County Department
of Health in respect to any unsanitary conditions found to exist.
(i)
Deceased chicken hens must be disposed of either through burial or
incineration in accordance with state and county regulations.
[Amended 10-27-2020 by Ord. No. 5095]
(j)
All enclosures, refuse containers, and all feed containers intended
for the use of chicken hens shall be constructed, maintained, and
kept in such a manner as to be completely rodent-proof. The floors
of every such enclosure shall be smooth and tight and maintained so
as to prevent accumulation of filth or water or harboring of vermin
thereunder. All such enclosures shall be located in a rear yard.
[Amended 10-27-2020 by Ord. No. 5095]
(k)
All enclosures shall be sized and built to allow proper care and
maintenance of the premises and the chicken hens. Enclosures built
after June 1, 2018, shall comply with the following minimums and maximums:
[Amended 10-27-2020 by Ord. No. 5095]
|
Chicken Hens
|
Nesting Boxes
|
Perch Space
(inches)
|
Coop Size
(square feet)
|
Run
(square feet)
|
|---|---|---|---|---|
|
0 - 5
|
2 - 6
|
40 - 150
|
20 - 50
|
50 - 150
|
|
6 - 9
|
3 - 6
|
72 - 150
|
36 - 50
|
100 - 150
|
(l)
Enclosures built after June 1, 2018, shall conform to the building
setbacks for detached accessory structures as noted in § 26-186.
(m)
If the premises and enclosure(s) are not properly maintained as noted
above, the permit shall be subject to termination or denial of renewal.
(n)
The eggs produced by the chicken hens are not to be sold, and chicken
hens are not to be raised for consumption.
[Amended 10-27-2020 by Ord. No. 5095]
(o)
Nothing
herein shall be construed to prevent the keeping of a service animal
or emotional support animal as a reasonable accommodation in accordance
with the Fair Housing Act, 42 U.S.C. § 3601 et seq. The
Director of Public Services may require appropriate documentation
demonstrating that a person is qualified to have the specific animal
claimed as a service animal and/or emotional support animal.
[Added 10-27-2020 by Ord. No. 5095]
[Ord. No. 4443, § 1, 11-26-2013]
(a)
No person, except a duly constituted zoological garden or wildlife
rehabilitation center, operated and conducted with the consent of
the City, may keep or maintain any wild or undomesticated or inherently
dangerous exotic mammal or reptile of any kind. The term "any wild
or undomesticated or inherently dangerous exotic mammal or reptile"
includes any animals or reptiles known as wild, such as non-human
primates, raccoons, skunks, foxes, poisonous reptiles, any venomous
snakes, constrictor snakes, lions, tigers, leopards, panthers, bears,
jaguars, wildcats, wolves or any cross-breed thereof, and others of
this general class and description.
(b)
It shall be unlawful for any person to trap, hunt, shoot or attempt
to shoot or molest in any manner any wild bird or wild fowl or to
willfully molest, disturb or destroy the nests or eggs of any wild
bird or wild fowl, or to keep any cat, or other fowl or animals in
such a manner as to permit it to kill such birds or animals. However,
if starlings, pigeons or house sparrows congregate in any particular
locality within the City in such numbers as to constitute a nuisance
or menace and which, in the opinion of the Director of Public Services
or his/her designee or the Chief of Police or his/her designee, should
be abated, such birds may be destroyed by licensed pest control practitioner.
[Ord. No. 4443, § 1, 11-26-2013; Ord.
No. 5173, 8-24-2021]
(a)
Every person responsible for a dog, cat, puppy, kitten or other animal
shall keep it from creating a nuisance.
(b)
A dog, cat, puppy, or kitten or any other animal creates a nuisance
if it:
(1)
Soils, defiles, or defecates on property other than the property
of a person responsible for the animal unless such waste is immediately
removed by a person responsible for the animal and deposited in a
waste container or buried in the ground where the person responsible
for the animal has permission or the right to bury it.
(2)
Damages public property or property belonging to a person other than
a person responsible for the animal.
(3)
Causes unsanitary or dangerous conditions.
(4)
Causes excessive animal noise.
(5)
Chases vehicles, including bicycles.
(6)
Molests, attacks, bites, or interferes with persons or other animals
on public property or property not belonging to a person responsible
for the animal.
(7)
Impedes refuse collection, mail delivery or meter reading or other
public service activities by annoying persons responsible for such
activities.
(8)
Tips, rummages through, or damages a refuse container.
(c)
For purposes
of enforcement of subsection (b)(4) of this section, a resident disturbed
by excessive animal noise may obtain an Excessive Animal Noise Complaint
packet from the Code Enforcement Officer to keep a log of Disturbances.
The Code Enforcement Officer will review the disturbance log and abate
the public nuisance in the following circumstances:
(1)
Three
Disturbances within a thirty-day period (the "Initial Period") results
in a courtesy notice to the Responsible Person for such animal;
(2)
Upon
three additional Disturbances within any thirty-day period after a
courtesy notice has been issued to the Responsible Person under subdivision
(1), a notice of violation shall be issued to the Responsible Person
for such animal; and
(3)
Upon
three additional Disturbances within any thirty-day period after a
notice of violation has been issued to the Responsible Person under
subdivision (2), the matter shall be to the Crestwood Municipal Court
for the Responsible Person for such animal.
(4)
Notwithstanding
any provision of subdivisions (1) — (3) of subsection (c) of
this Section to the contrary, if a calendar year elapses after a courtesy
notice, or notice of violation has been issued, or after a matter
has been referred to municipal court, and no Disturbances have been
recorded in such calendar year for an animal within the City, the
first Disturbance thereafter observed shall be treated as the first
Disturbance, and a third Disturbance within a thirty-day period shall
result in a courtesy notice to the Responsible Person for such animal.
(d)
For purposes of enforcement of this chapter, the owner of or responsible
person for a dog, cat, or other animal who creates a public nuisance
as defined above, shall abate such public nuisance in accordance with
the order of the Director of Public Services or his/her designee.
The failure to abate the public nuisance shall be deemed to be in
violation of the provisions of this chapter. The Director of Public
Services or his/her designee shall inform the Health Director of any
citations issued under subsection (b)(5) — (7).
(e)
Nothing herein shall be interpreted or construed to prevent the Health
Director from classifying as dangerous animals those animals who cause
certain nuisances within a timeframe and from impounding those animals
in accordance with the St. Louis Animal Control Code.
(f)
Notwithstanding any other provision of law to the contrary, a Code Enforcement Officer, or a law enforcement officer of the City who observes a Disturbance, as defined in Section 6-3 of this Code, or who has probable cause to believe a Disturbance has occurred, may issue a notice of violation to the Responsible Person for the animal causing such Disturbance, and may refer such notice of violation to the municipal prosecuting attorney for consideration of charges. A complaint signed by the person who reported a Disturbance may form the basis of probable cause that a Disturbance has been caused by an animal.
[Ord. No. 4443, § 1, 11-26-2013]
[Ord. No. 4443, § 1, 11-26-2013; Ord.
No. 5169, 7-27-2021; Amended 8-23-2022 by Ord. No. 5294]
Any person or persons, jointly or severally aggrieved by any decision of the Director of Public Services or his/her designee pursuant to Chapter 6, may appeal in writing within 15 days after the issuance of such decision to the Public Works Board. The decision of the Public Works Board shall be final and no other appeals shall be considered by the City. Within 30 days of the issuance of the Public Works Board's decision on the appeal, any person or person who is aggrieved by the Public Works Board's decision may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality in accordance with appropriate State Statute.
