Statute in Full:
Kansas City Missouri
Springfield, Missouri
Kansas City Missouri
Code of Ordinances City of Kansas City Missouri
Chapter 14 ANIMALS*
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*Charter references: Power to regulate keeping of animals and animals running at large, § 1(47); power to license, tax and regulate keeping of animals and fowl, § 1(59).
Cross references: Health department, § 2-261 et seq.; neighborhood and community services department, § 2-521 et seq.; carnivals, rodeos and street fairs, § 12-211 et seq.; health and sanitation, ch. 34; placing manure on street or other public property, § 34-17; beekeeping, § 34-21; notice of existence of animal disease, § 34-71; power of director of health regarding animal diseases, § 34-72; rat control, § 34-181 et seq.; keeping animals in lodginghouses, § 34-332; license fee for riding academies, § 40-64; license fee for small animal crematories, § 40-96; license fee for equestrian exhibitions, § 40-103; license fee for pony rings, § 40-137; license fee for poultry shows, § 40-140; license fee for rodeos, § 40-144; license fee for stockyards companies, § 40-152; license fee for veterinary doctors or surgeons, § 40-164; sale of animals at public markets, § 40-197; slaughtering in municipal market, § 40-199; nuisances, ch. 48; livery vehicles, § 76-231 et seq.; care of animals used for nonmotorized sightseeing vehicles, § 76-241; zoning, ch. 80.
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Sec. 14-1. Definitions.
Sec. 14-2. Duties of supervisor of animal control.
Sec. 14-3. Duties of police department.
Sec. 14-4. Records of supervisor of animal control.
Sec. 14-5. Impoundment generally; violation notice in lieu of impoundment; redemption of impounded animals.
Sec. 14-6. Notification of impoundment.
Sec. 14-7. Powers of director of health.
Sec. 14-8. Permit for elimination of pests.
Sec. 14-9. Dangerous animals other than dogs; prohibited animals.
Sec. 14-10. Entry on private property by animal control officers.
Sec. 14-11. Abandonment.
Sec. 14-12. Keeping of livestock generally; keeping of wild animals.
Sec. 14-13. Vietnamese potbellied pigs.
Sec. 14-14. Special exceptions from distance requirements for keeping of livestock.
Sec. 14-15. Keeping of small animals and fowl in pens.
Sec. 14-16. Abuse or neglect of animals.
Sec. 14-17. Injuring, trapping or poisoning animals.
Sec. 14-18. Control of odors.
Sec. 14-19. Disposal of manure; removal of waste.
Sec. 14-20. License for dogs and cats--Required; delinquent fee.
Sec. 14-21. Same--Exception for nonresidents.
Sec. 14-22. Same--License fee.
Sec. 14-23. Same--Licensing period.
Sec. 14-24. Same--Certification of immunization required; proof of spaying or neutering.
Sec. 14-25. Records of dog, cat or ferret registration.
Sec. 14-26. Issuance of dog, cat or ferret license tags; replacement tags.
Sec. 14-27. Wearing of license or identification tag required for dogs, cats and ferrets; removal of collar or license tag.
Sec. 14-28. Limitation on number of dogs, cats and ferrets.
Sec. 14-29. Dangerous dogs.
Sec. 14-30. Excessive animal noise.
Sec. 14-31. Animals putting persons in fear or being maintained as public nuisance.
Sec. 14-32. Confinement of dogs in heat.
Sec. 14-33. Dogs running at large prohibited.
Sec. 14-34. Disposition of impounded animals.
Sec. 14-35. Impoundment fees.
Sec. 14-36. Enforcement of certain provisions by director of neighborhood and community services.
Sec. 14-37. Disposal of dead animals.
Sec. 14-38. Animal markets.
Sec. 14-39. Commercial animal establishments generally.
Sec. 14-40. Permit fee for commercial animal establishments.
Sec. 14-41. Human exposure to rabies or other zoonotic disease--Animal bites generally.
Sec. 14-42. Same--Domestic dog, cat and ferret bites resulting in human exposure to rabies.
Sec. 14-43. Same--Destruction of dangerous animals; impoundment or observation of animals in transit.
Sec. 14-44. Domestic animal avocation permit; domestic animal rescue kennel and rescue cattery permit.
Sec. 14-45. Exemption for zoos.
Sec. 14-46. Animal shows.
Sec. 14-47. Identification of guard dogs; restraint of guard dogs in transit.
Sec. 14-48. Rescue of animals left in vehicle under dangerous weather conditions.
Sec. 14-49. Determination of penalty for permitting dog to run at large.
Sec. 14-50. Giving false or misleading information.
Sec. 14-51. Penalties generally.
Sec. 14-52. Schedule of user fees.
Sec. 14-53. Issuance of pet license tags by persons, corporations and veterinarians.
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate care means normal and prudent attention to the needs of an animal, including that care which is normally necessary to maintain good health in a specific species of animal.
Adequate food means wholesome foodstuffs suitable for the species provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in an animal considering its age and condition.
Adequate health care means the provision to each healthy animal of all immunizations and preventative care required to maintain good health, space adequate to allow the animal rest and exercise sufficient to maintain good health, and the provision to each sick, diseased or injured animal of necessary veterinary care or humane death.
Adequate shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, condition and age of the animal which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions. The condition of the shelter should be such as to not exacerbate existing weather conditions, e.g., a metal doghouse in the hot sun.
Adequate water means a continual access to or access at suitable intervals to a supply of clean, fresh, potable water provided in a sanitary manner suitable for the species, condition and age of the animal in sufficient amounts to maintain good health in the animal. Such water will be provided in a secure manner so that the container cannot be overturned.
Animal means any live, vertebrate creature, domestic or wild, other than humans.
Animal shelter means the facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
Commercial animal establishment means any pet shop, grooming shop, boarding kennel, animal exhibit, auction, riding school, stable, carriage horse service, cattery, kennel, sentry or guard dog service, animal trainer, or business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of such establishments.
Dangerous dog means a dog that:
(1) Has inflicted severe injury on a human being without provocation on public or private property; or,
(2) Has killed a domestic animal, or other animal protected under federal, state or local rules without provocation while off the owner, keeper or harborer's property; or,
(3) Has been previously found to be potentially dangerous, the owner or keeper received notice of such and the dog again aggressively bites, attacks, or endangers the safety of human beings or domestic animals without provocation.
Domestic means any species of animal bred by human beings through several generations to select and successively achieve those qualities of domesticity required for the animals to live and/or work successfully with human beings.
Domestic animal avocation means the care, breeding, showing or sale of dogs or cats by an adult natural person who maintains a hobby-kennel or hobby-cattery containing more than four, but not more than 25, animals over the age of six months on the lot on which he or she is resident or on a contiguous lot, which lot or lots are not zoned for business.
Domestic canines means any breed of canines recognized by an American, Canadian, European or other reputable kennel club, or any mixture of those breeds, exclusive of any portion of wolf, coyote or other wild canid breeding.
Fowl means any and all fowl, domesticated and wild, male and female, single and plural.
Harboring means any person who offers asylum, refuge or sanctuary to any animal on a basis so temporary as to not be deemed to be owning or keeping shall be deemed to be harboring.
Individual means one adult and competent human.
Large animal means any swine, bovine, goat, sheep or beast of burden, or any other domestic or wild animal of similar or larger size.
License tag means any system of animal identification approved by the commissioner of revenue.
Owning and keeping means any person who feeds or shelters any animal for three or more consecutive days or who professes ownership of such animal shall be deemed to be owning or keeping.
Potentially dangerous dog means a dog that when unprovoked:
(1) Inflicts bites on a human being or domestic animal or other animal protected under federal, state or local rules, either on public or private property; or,
(2) Chases or approaches a person upon a street or a public grounds in a menacing fashion or apparent attitude or attack, a dog with a known propensity, tendency, or disposition to attack without provocation, to cause injury or otherwise threaten the safety of humans, domestic animals, or other animals protected under federal, state or local rules; or,
(3) An offspring, older than eight weeks, later born to a dog found to be a dangerous dog.
Primary enclosure means any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, run, cage, compartment, pool or hutch.
Proper enclosure to confine the dog means:
(1) A securely confined indoor area of the owner's or keeper's premises, or a securely enclosed and locked pen, kennel, or other exterior structure on the premises, suitable to prevent the entry of young children or human extremities and designed to prevent a potentially dangerous or dangerous dog from escaping; and,
(2) A pen, kennel or other structure having secure sides and a secure top, and providing adequate shelter from the elements for the dog; and,
(3) If a pen, kennel or structure has no bottom secured to the sides, the sides are embedded not less than two feet into the ground; and,
(4) Doors, windows or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this subsection.
Provocation means taunting, teasing, willfully causing undue pain, or unlawfully entering upon or into the property of the owner or keeper.
Public nuisance means:
(1) Any animal (or group of animals which contains any animal) which:
a. Molests any passerby or chases passing vehicles, including bicycles.
b. Attacks any other animal.
c. Is in heat and not properly confined as provided in section 14-32.
d. Is at large in violation of section 14-33.
e. Damages public or private property.
f. Barks, whines, howls, meows or creates any other disturbance which is continuous or untimely so as to disturb an individual who is a neighbor and who does in writing state that he will so testify if called upon to testify about such matter under oath. For purposes of this subsection, a neighbor is defined as an individual residing in a residence structure which is within 100 yards of the property on which the animal is kept or harbored.
g. Is ridden on public property without a permit or which obstructs or interferes with vehicular or pedestrian traffic.
h. Causes injury to a person.
i. Threatens or causes a condition which endangers public health or safety.
j. Impedes refuse collection by ripping any bag or tipping any container of refuse.
(2) Any animal or fowl which defecates on public or private property other than that of the owner, keeper or harborer.
Qualities of domesticity means characteristics of an animal which indicate that the animal does not possess an inherent, overpowering instinctive, danger to human beings during physical contact.
Sanitary means clean and free from infectious or deleterious influences.
Severe injury means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
Small animal means any animal not within the definition of large animal, but including all dogs without reference to size.
Supervisor of animal control means the supervisor of animal control and staff assigned to work under the direct control of the supervisor of animal control, who may act through staff to perform any duty under this chapter unless otherwise specifically stated.
Under control means control by leash so as to thereby be restrained from approaching a bystander or another animal or from causing or being the cause of physical property damage or personal injury, when off the premises of the owner or keeper.
Unfit owner means any person who by past violations and convictions has proven himself or herself unworthy to own, keep or harbor a pet in the city.
Veterinary medical care facility means a facility which has the primary function of providing medical care for animals and is operated by a currently licensed veterinarian.
Vicious animal means an animal other than a dangerous dog or potentially dangerous dog displaying the characteristics or propensity to do an act that might endanger the safety of a person, animal, or property or another, including but not limited to a disposition to mischief or fierceness as might occasionally lead to attack on human beings or other animals without provocation whether in play or outbreak of untrained nature.
Wild animal means any species or a portion of a species of animal inherently free-roaming not specifically bred by human beings to select and successfully achieve those qualities of domesticity required for the animal to live and/or work successfully with human beings.
(Code of Gen. Ords. 1967, § 6.1; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 951372, § 1, 11-9-95; Ord. No. 031281, § 1, 12-18-03)
Cross references: Definitions and rules of construction generally, § 1-10.
Sec. 14-2. Duties of supervisor of animal control.
Except where otherwise provided, it shall be the duty of the supervisor of animal control under the direction of the director of neighborhood and community services to administer and enforce the provisions of this chapter directly or through staff assigned to be supervised by the supervisor of animal control.
(Code of Gen. Ords. 1967, § 6.2; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90)
Sec. 14-3. Duties of police department.
It shall be the duty of the police department to enforce the provisions of this chapter, and to assist the supervisor of animal control in enforcing the provisions of this chapter.
(Code of Gen. Ords. 1967, § 6.3; Ord. No. 48707, 6-22-78)
Sec. 14-4. Records of supervisor of animal control.
The supervisor of animal control shall keep a record in which he shall enter all his official transactions. Such record shall be open to the inspection of any person as authorized or limited by the state statutes, particularly RSMo ch. 610 and such other enactments as may be or become applicable.
(Code of Gen. Ords. 1967, § 6.4; Ord. No. 48707, 6-22-78)
Sec. 14-5. Impoundment generally; violation notice in lieu of impoundment; redemption of impounded animals.
(a) Any unrestrained dog or any animal defined as a public nuisance by this chapter may be taken by the police or supervisor of animal control and impounded in the animal shelter or at a designated holding place and be there confined in a humane manner pending further action pursuant to this chapter or other law. If an owner or keeper is present, in lieu of impoundment a general ordinance summons may be issued to that person and such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other section of this chapter.
(b) Whenever any animal is confined by authority of this chapter, it shall be the duty of the supervisor of animal control to release the animal upon satisfactory proof that the party claiming the animal is entitled to possession thereof and upon payment to the city treasurer of all applicable fees prescribed by section 14-35 and the fee for any license that may be required by this chapter. However, if an animal is deemed to be vicious or a danger to the public health and safety, the supervisor of animal control may retain such animal and refuse redemption or sale of such animal, and dispose of such animal in a humane fashion.
(c) In addition, if the supervisor has evidence which indicates that a person has been convicted of animal abuse or severe neglect, or more than three other animal violations, within a five-year period, the supervisor may refuse to redeem a pet to such a person based on his or her being an unfit owner.
(Code of Gen. Ords. 1967, § 6.5; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90)
Sec. 14-6. Notification of impoundment.
After the impoundment of any animal where a general ordinance summons has not been issued to the owner or keeper, the supervisor of animal control shall promptly notify the owner of such animal of its impoundment if the owner can be determined and located by reasonable investigation; however, no liability shall attach to the city or to the supervisor of animal control or his staff for failure to give such notice. The owner of an impounded animal who does not redeem his animal may still be proceeded against for violation of any applicable section of this chapter or any other applicable ordinance.
(Code of Gen. Ords. 1967, § 6.6; Ord. No. 48707, 6-22-78)
Sec. 14-7. Powers of director of health.
(a) If the director of health determines that a rabies or other zoonotic disease control emergency exists, he shall so declare, and is authorized to issue emergency regulations and take all steps necessary within the provisions of this chapter and state law to abate the threat. Such emergency steps and regulations shall be in effect only during the period of the declared emergency.
(b) The director of health is also hereby empowered to issue standing regulations for rabies and zoonosis control that he finds necessary to protect the public health, which standing regulations shall be filed with the director of records. Such regulations shall be in keeping with the United States Public Health Service guidelines and state law.
(Code of Gen. Ords. 1967, § 6.7; Ord. No. 48707, 6-22-78)
Sec. 14-8. Permit for elimination of pests.
The director of health is hereby authorized to issue a permit for the elimination of squirrels, starlings, pigeons or any other animal to any owner or owner's authorized agent, lessee or tenant of real estate in the city frequented by such animals in numbers the director believes to be sufficient to create a public nuisance on such real estate; or, in cases where such public nuisance exists in a district of the city, such permit may be issued to a duly licensed pest control or exterminating company for such district which shall be defined on such permit. No permit shall be issued for a longer period than 30 days. Retention of any such permit shall be conditioned upon continuing compliance with advisory instructions issued and regulations adopted by the director of health dealing with such activity, which regulations the director of health is hereby authorized and directed to promulgate and to adopt by filing them with the director of records. Such regulations shall govern the trapping and disposal of such animals and shall be designed to ensure humane and sanitary methods for such trapping and disposal and for the protection of public health.
(Code of Gen. Ords. 1967, § 6.8; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90)
Cross references: Injuring, trapping or poisoning animals, § 14-17; nuisances, ch. 48.
Sec. 14-9. Dangerous animals other than dogs; prohibited animals.
(a) The keeping or harboring of dangerous animals other than dogs within the city is hereby prohibited. Other than as to dogs which are regulated by section 14-29 and section 14-31, the supervisor of animal control shall have the authority and responsibility to declare an animal dangerous because of past behavior, violations, potential spread of zoonotic disease, or the inherently dangerous nature of the animal as to persons. Such declaration shall be made in writing and shall include the date of and reasons for the declaration. Upon request the supervisor of animal control shall provide a copy of the written declaration to the requesting person. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the city within 48 hours after being declared dangerous. If such animal is found again in the city limits, it will be immediately seized and promptly destroyed or disposed of in some other manner as allowed in section 14-34, including but not limited to giving such animal to a licensed refuge or zoo.
(b) Except insectivores animals, it is unlawful to keep or harbor any poisonous animal or any carnivorous or omnivorous animal and including but not limited to nonhuman primates, all nondomestic cats including bobcats and lynx, ocelots, mountain lions, tigers, panthers, lions, or any wild/domestic cat hybrid, wolves, wolf/dog hybrids with any percent of wolf parentage, raccoons, skunks, foxes, crocodiles, alligators and caimans. The only exclusion to this clause are domestic livestock, small fowl, domestic dogs, domestic cats and small rodents of varieties used for laboratory purposes. Nonpoisonous snakes shall be kept in locked escape-proof cages, except when being handled. It shall be an ordinance violation for an owner, keeper, harborer or handler to permit a snake or lizard to escape from a cage or while being handled.
(Code of Gen. Ords. 1967, § 6.9; Ord. No. 48707, 6-22-78; Ord. No. 53297, 10-22-81; Ord. No. 65201, 3-1-90; Ord. No. 951372, § 1, 11-9-95)
Sec. 14-10. Entry on private property by animal control officers.
(a) In the interest of public health, safety and the general welfare and pursuant to Charter authority at section 1(47) to regulate or prohibit the keeping or running at large of any animal or fowl, any person keeping or harboring any animal or fowl in this city by so doing does thereby authorize the supervisor of animal control, or the supervisor's authorized representative, to enter without warrant upon private property he or she owns or controls where such animal or fowl is to be found, in plain sight, other than within any residence structure, for the purpose of enforcement of this chapter and to seize such animal from such private property to abate ordinance violation.
(b) By the authority of this section, any animal that is deemed by the supervisor of animal control, or the supervisor's authorized representative, to be cruelly mistreated in violation of this chapter, or suffering, may be seized from the property of its owner or keeper to abate the mistreatment or the suffering of that animal, and it may be confined at the municipal animal shelter for disposition under the terms of this chapter.
(c) Any animal that has possibly exposed a person to rabies through a bite wound or other tissue invasion and that is found on the property of the owner or keeper may be removed from that property by the supervisor of animal control, or the supervisor's authorized representative, if such owner or keeper is not available, willing and able to surrender the animal for the observation required by section 14-41 or 14-42.
(d) Any female dog in season and not confined in a building or solid enclosure as required by section 14-32 may be removed from the property of the owner or keeper to abate such nuisance.
(e) Any dog on the property of an owner or keeper that is roaming free or that is not effectively physically restrained shall be deemed to be in violation of section 14-33 and may be removed from that property.
(f) Search warrants.
(1) If the supervisor of animal control, or the supervisor's authorized representative, determines that an animal has been reported pursuant to section 14-41 as having exposed a person to the possibility of rabies by a bite wound and such animal is being hidden or concealed in violation of section 14-41 or an animal is being abused or neglected, and the animal is on private property, is not in plain sight and consent has been denied the supervisor or representative to enter the property take custody of the animal for a rabies observation pursuant to section 14-41 or to inspect, care for or impound the abused or neglected animal, then the supervisor or representative, is authorized in the interest of public health to seek a warrant from a judge presiding in the Municipal Division, Kansas City, 16 th Judicial Circuit Court of Missouri, to enter upon such private property, including any structure therein, to take custody of the animal for a rabies observation pursuant to section 14-41 or to inspect, care for, or impound neglected or abused animals. For the purposes of this subsection, denial of consent to enter private property shall include the failure to obtain such consent following reasonable attempts.
(2) Request for a warrant shall be in writing and shall state that the supervisor, or the supervisor's authorized representative, has probable cause to believe there exists upon private property, as described in the request, a violation or violations of provisions of this chapter by the hiding or concealing of an animal that has been reported pursuant to section 14-41 and that requires a rabies observation pursuant to such section or by the causing of neglect or abuse of an animal, and that such private property is within the territorial jurisdiction of the city. The request shall be verified by oath or affirmation.
(3) If the request for a warrant states evidential facts from which the judge can determine the existence of probable cause, then such judge shall issue a search warrant directed to the supervisor of animal control, or the supervisor's authorized representative, to search the private property therein described for the purposes requested. In determining if probable cause exists, the judge shall consider the requestor's account of the violation, including the specifics of any report received pursuant to section 14-41, or what such requestor saw, heard or smelled, and the nature of the alleged violation, including the threat to public health or safety, the cruelty being perpetrated on an animal or the suffering of an animal.
(4) The search warrant may be executed and returned only within ten days after the date of its issuance. The execution of the search warrant shall be with the assistance of the police, which is hereby authorized.
(5) Prior to entering upon private property to perform the search, the person executing the search warrant shall knock at the door or entrance where entry is to be made and shall announce that such person is an animal control officer executing a search warrant. If not permitted entry after knocking and announcing the search warrant is being executed, then the person executing such warrant may enter by reasonable force. For the purposes of this section, the term "reasonable force" means only the force necessary to remove a physical obstruction or barrier that is impeding entry onto private property or that is obstructing access to the animal being hidden or concealed in violation of section 14-41 or to the abused or neglected animal on such private property and includes the cutting of a lock, opening of a door or the moving of debris.
(6) The person authorized to search shall make a return promptly after concluding the search and such return shall contain an itemization of all violations of this chapter discovered pursuant to such search pertaining to any animal being hidden or concealed in violation of section 14-41 or to any abused or neglected animals.
(7) Refusal to allow entry upon presentation of a search warrant shall be an ordinance violation.
(Code of Gen. Ords. 1967, § 6.10; Ord. No. 48707, 6-22-78; Ord. No. 031275, § 1, 12-18-03)
Sec. 14-11. Abandonment.
It shall be unlawful for any owner or keeper to abandon any animal. For the purpose of this section, the term "to abandon" includes but is not limited to any instance where the owner or keeper leaves an animal without demonstrated or apparent intent to recover or to resume custody; or leaves an animal for more than 12 hours without providing for adequate food, water and shelter for the duration of the absence; or turns out or releases an animal; or dumps or releases an animal from a vehicle.
(Code of Gen. Ords. 1967, § 6.11; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90)
Sec. 14-12. Keeping of livestock generally; keeping of wild animals.
(a) As used in this section, the term "livestock" includes but is not limited to the following animals: horses, mules, cattle, sheep, goats, swine, ostriches, emus, and cassowaries. No livestock or wild animals of similar or larger size shall be kept, maintained, pastured or fed within 200 feet of the nearest portion of any building in any way used by human beings, other than the dwelling occupied by the owner or keeper of any of such animals. Beyond this limitation of 200 feet, not more than two of such animals shall be kept, provided that the limitation of two horses shall not apply to a commercial riding stable licensed pursuant to section 40-64 as a riding academy, nor shall the limitation of two such animals apply to a commercial stockyard or land zoned for agricultural use. Stables, coops, pens or other structures for the housing of any of such animals shall comply with all zoning restrictions. This section shall not apply to livestock located within property which is zoned district RA or for which a certificate of legal nonconformance for agricultural, horticultural, stables or animal husbandry purposes has been issued.
(b) Livestock shall not be allowed to run at large, and when legally kept must be restrained in a manner and by such means as will prevent such animals from escaping, straying or running at large. Gates used to restrain livestock shall be kept closed with a chain and padlock to minimize vandalism. Each time that livestock are found running loose or not kept as required by this section is a violation.
(c) All manure accumulations in the area where livestock and other animals are kept shall be removed, stored or disposed of in such a manner as to prevent attracting flies, the spread of disease, or noxious odors.
(d) Wild animals not prohibited from being kept as pets shall also be so kept in compliance with the statutes, regulations and treaties of the state and the federal government.
(Code of Gen. Ords. 1967, § 6.12; Ord. No. 48707, 6-22-78; Ord. No. 53297, 10-22-81; Ord. No. 65201, 3-1-90; Ord. No. 930966, 9-2-93; Ord. No. 951372, § 1, 11-9-95)
Cross references: Zoning, ch. 80.
Sec. 14-13. Vietnamese potbellied pigs.
(a) The term "swine" as used in section 14-12 and the definition of the term "large animal" in section 14-1 shall not include domesticated Vietnamese potbellied pigs acquired prior to December 1, 1995, of which one may be kept in residentially zoned areas of the city provided that males over the age of four weeks and females over the age of 120 days are neutered and adult pigs do not exceed 95 pounds in weight. All such animals must be of proven purebred lineage, and the owner must be able to produce litter papers to verify pedigree. In addition, pigs over the age of 120 days must be registered and licensed as required of dogs and cats in section 14-20. Upon approval of the voters of the city, fees for such licenses will be the same as required for dogs and cats. Such licenses must be obtained from the commissioner of revenue, who must receive a certificate of immunization from a licensed veterinarian that such Vietnamese potbellied pig has been vaccinated against pseudorabies prior to issuing such license.
(b) The following sections applicable to dogs shall also apply to domesticated Vietnamese potbellied pigs acquired prior to December 1, 1995: sections 14-20, 14-21, 14-23, 14-24, 14-25, 14-26, 14-27, 14-31, 14-32 and 14-33. Sections of this chapter applying to animals in general shall also apply to domesticated Vietnamese potbellied pigs.
(c) After December 1, 1995, all newly acquired Vietnamese potbellied pigs shall be maintained in accordance with sections 14-1 and 14-12 of this chapter.
(Code of Gen. Ords. 1967, § 6.12.1; No. 911488, 12-11-91; Ord. No. 951372, § 1, 11-9-95)
Sec. 14-14. Special exceptions from distance requirements for keeping of livestock.
(a) The property maintenance appeals board is hereby authorized to grant special exceptions to the requirements set forth in section 14-12(a) prohibiting livestock from being kept, maintained, pastured or fed within 200 feet of the nearest portion of any building in any way used by human beings.
(b) Special exceptions may be granted by the board provided that it is demonstrated that:
(1) There is good and sufficient cause to grant the special exception based upon preexisting conditions, topography or economic conditions.
(2) The grant of a special exception shall not create a nuisance or health hazard.
(c) Upon consideration of the factors set forth in subsection (b) of this section, the board may attach such conditions to the special exception as it deems necessary.
(d) The board is hereby authorized to establish rules and regulations for the method of requesting special exceptions, nature of hearing, and such other matters it deems appropriate.
(e) The director of neighborhood and community services shall send notice by regular United States mail, postage prepaid, to the applicant or property owner of the property affected, and all owners of property within 200 feet of the property, at least ten days prior to the date of the hearing.
(f) The director of neighborhood and community services may request the board to revoke the special exception based upon information that the special exception has resulted in a nuisance or health hazard or that the terms of the special exception have not been fulfilled. The notice requirements of subsection (e) of this section shall apply to any hearing for revocation.
(g) Any person or persons jointly or severally aggrieved by any decision of the board may appeal the matter to the circuit court in accordance with the provisions of RSMo ch. 536.
(Code of Gen. Ords. 1967, § 6.12.5; Ord. No. 60751, 4-9-87)
Cross references: Zoning, ch. 80.
Sec. 14-15. Keeping of small animals and fowl in pens.
(a) Location of pens; enclosure required. It shall be unlawful for any person to keep or maintain any chicken coop, dove cote, rabbit hutch or other pen, cage or enclosure for the housing of fowl or small animals, except dogs and cats, closer than 100 feet to the nearest portion of any building occupied by or in any way used by human beings, other than the dwelling occupied by the owner or keeper of the animals or fowl, or closer than 25 feet to the property line of the lot on which such fowl or animals are kept for sale within a bona fide produce market, commission house or store for purposes of trade and while so kept are confined in small coops, boxes or cages, or where such animals or fowl are kept for purposes of research in a laboratory. Animals and fowl so kept or maintained shall be enclosed on all sides and shall not be allowed to run or fly at large, except for homing pigeons.
(b) Control of odors. Every coop, dove cote, rabbit hutch or other yard establishment shall be kept so that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitants of the neighborhood.
(c) Storage and disposal of manure. Every coop, dove cote, rabbit hutch or other yard establishment shall be provided with a watertight and flytight receptacle for manure, of such dimension as to contain all accumulations thereof, which receptacle shall be emptied sufficiently often and in such manner as to prevent its becoming a nuisance. Such receptacle shall be securely covered at all times except when open during the deposit or removal of manure or refuse therefrom. No manure shall be allowed to accumulate except in such receptacle. All such manure, when removed from the receptacle, shall be buried with a covering of not less than six inches of earth, or, if used as fertilizer, thoroughly spaded into the ground, or shall be removed from the property.
(d) Maintenance of enclosures for fowl. All earthen yards or runways wherein fowl are kept or permitted to be shall be spaded and then limed once every three months from the month of April through the month of December. For the purpose of killing flies and other insects, all structures, pens or coops wherein fowl are kept or permitted to be shall be sprayed with such substances as will eliminate such insects.
(e) Condition of enclosure; inspections. Any structure, pen, coop or yard wherein animals or fowl are kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. The enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside. The person maintaining any such structure, pen, coop or yard in the city does by such act of maintenance authorize the director of health to at any time inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this section.
(f) Number of animals or fowl; keeping of roosters. Except where fowl, rabbits or other small animals are kept for sale within a bona fide produce market, commission house or store for the purpose of trade and while so kept are confined in small coops, boxes or cages, or where such animals or fowl are kept for purposes of research in a laboratory, or in areas zoned for agricultural use, it shall be unlawful for any person to keep or maintain, within 100 feet of the nearest portion of any dwelling or other building occupied by or in any way used by human beings except for a dwelling occupied by the owner or keeper of such animals, more than 15 chickens or other domestic fowl four months or more of age or 50 chicks or other domestic fowl under four months of age, or more than ten rabbits or other small animals over the age of four months, or more than 25 rabbits or other small animals under the age of four months. No rooster which crows shall be kept within 300 feet of any residence or dwelling except that of the owner or keeper.
(g) Authority to prescribe additional regulations. As to the keeping and harboring of chickens or other domestic fowl, for whatever purpose maintained, the director of health shall have authority to promulgate regulations to provide that such shall be kept in such a manner as to prevent a nuisance or health hazard.
(h) Special exceptions. The director of neighborhood and community services is hereby authorized to grant special exceptions to the distance requirements set forth in subsection (a) or to the number limitations set forth in subsection (f) of this section for persons who keep or maintain trained fowl such as homing or racing pigeons provided that there is good and sufficient cause to grant the special exception based upon preexisting conditions or economic conditions. Any exception granted shall be subject to bi-annual inspection by the director, or the director's designee. Refusal to allow such inspection by the person who has been granted the exception shall void the exception. Nothing in this subsection shall be construed to authorize the granting of a special exception to any other subsection of section 14-15. Furthermore, no exception to the distance requirements shall be granted under this subsection if such exception creates a nuisance or health hazzard.
(Code of Gen. Ords. 1967, § 6.13; Ord. No. 48707, 6-22-78; Ord. No. 53297, 10-22-81; Ord. No. 951372, § 1, 11-9-95; Ord. No. 011104, § 1, 8-16-01)
Cross references: Zoning, ch. 80.
Sec. 14-16. Abuse or neglect of animals.
(a) Adequate care required; inspections. No owner or keeper of an animal shall fail to provide the animal with adequate care, adequate food, adequate water, adequate health care and adequate shelter. Such shelter shall be clean, dry, shaded and compatible with the condition, age and species. An animal must also have the opportunity for adequate daily exercise as determined by the supervisor of animal control. This requires that an owner must offer some freedom from continuous chaining, stabling and tethering. Any restraint placed on an animal must be such that it prevents the animal from being tangled or injured by the restraint. Grooming of animals is also required so that they are free from dangerous matting which can affect their health. The area where animals are kept must also be kept free from unsanitary conditions, vermin-harboring debris, junk or any other dangerous protuberances which can provide an opportunity for injury or a danger to the animal's health. Any owner, keeper or harborer of an animal in this city, by the act of owning, keeping or harboring such animal, does thereby authorize the supervisor of animal control to enter the yard where such animal is kept if the supervisor of animal control reasonably believes that the animal is kept in an unlawful, negligent, cruel, abusive or inhumane manner, and to examine such animal and to seize and impound such animal at the municipal animal shelter when, in the examiner's opinion, it is being kept in an unlawful, negligent, cruel, abusive or inhumane manner. If an animal control officer cannot view and observe the animal in plain sight, the owner, keeper or harborer, upon request, must exhibit for inspection any and all animals which are not in plain sight but are on or inside the premises.
(b) Abuse of animals; fighting animals. No person shall beat, cruelly ill-treat, torment, tease, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight or other combat between animals or between animals and humans; and any animal so used shall be seized, impounded and promptly humanely destroyed. In addition, no person shall place or attempt to place an animal in an enclosure or in any other place for the purpose of fighting or combat. No person shall attend such unlawful exhibition or be umpire, judge or spectator at such exhibition.
(c) Report of animals struck by motor vehicle. The operator of a motor vehicle which strikes any animal shall as soon as possible report the accident to the city at 274-2463.
(d) Giving animal as prize or gratuity. No person shall offer to give or give a live animal as a prize or as a business inducement or any other form of gratuity.
(e) Sale of baby fowl. Fowl younger than eight weeks of age may not be sold or offered for sale in a quantity of less than 25 birds to an individual purchaser. Vendors of such fowl shall provide and operate brooders or other heating devices as may be necessary to maintain the fowl in good health, and shall keep adequate food and water available to the fowl.
(Code of Gen. Ords. 1967, § 6.14; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 951372, § 1, 11-9-95)
Sec. 14-17. Injuring, trapping or poisoning animals.
(a) Except as necessary for:
(1) Human safety;
(2) Relocation of nuisance animals through the use of box traps;
(3) Destruction of rats, mice and other pests;
(4) Veterinary medical practice;
(5) Termination of suffering; and
(6) Performance of official duties by public employees;
it shall be unlawful to deliberately injure or kill, capture or trap, expose a poisonous substance for, or poison any animal; and, further, it shall be an unlawful act to attempt any of such unlawful acts.
(b) The provisions of this section shall not apply to a managed bow hunt conducted pursuant to Code of Ordinances section 50-268.
(Code of Gen. Ords. 1967, § 6.15; Ord. No. 48707, 6-22-78; Ord. No. 52397, 10-22-81; Ord. No. 031316, § 1, 12-18-03)
Cross references: Permit for elimination of pests, § 14-8.
Sec. 14-18. Control of odors.
Every pen, run, cage or other yard establishment wherein any dog, cat, animal or fowl is kept, or the inside of any residence structure or other building wherein any dog, cat, animal or fowl is kept, shall be maintained so that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any neighbor.
(Code of Gen. Ords. 1967, § 6.16; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90)
Sec. 14-19. Disposal of manure; removal of waste.
(a) All manure accumulations in any pen, run, cage or yard establishment wherein any animal or fowl is kept shall be removed or disposed of in such a manner as to prevent the breeding of flies and the creation of offensive, disagreeable or noxious smells or odors.
(b) It shall be unlawful for the person in control of a dog, cat or other animals or fowl to allow the dog, cat or other animals or fowl to deposit manure on public property or on the private property of another person.
(c) The owner or keeper of every animal or fowl shall be responsible for the removal of any excreta deposited by such animal or fowl on public walks, streets, recreation areas or private property. It shall be a violation of this chapter for such owner or keeper to fail to remove or provide for the removal of such excreta before taking an animal or fowl from the immediate area where such excretion occurred.
(Code of Gen. Ords. 1967, § 6.17; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90)
Sec. 14-20. License for dogs and cats--Required; delinquent fee.
It shall be the duty of every person owning, keeping or harboring in the city any dog, cat or ferret over 120 days old to procure a license therefor from the commissioner of revenue or his designee. The receipt issued for the license shall constitute a certificate of registry and evidence of licensure for the keeping of such dog, cat or ferret within the city. The commissioner of revenue may delegate authority to the supervisor of animal control to enforce any section of this chapter requiring licensure. A late registration fee of as specified in section 14-52 will be assessed for any license not purchased within 60 days of the required date of licensure. No refund will be made for licenses for animals deceased or otherwise removed from the city during a period of licensure.
(Code of Gen. Ords. 1967, § 6.18; Ord. No. 48707, 6-22-78; Ord. No. 53297, 10-22-81; Ord. No. 65201, 3-1-90; Ord. No. 951372, § 1, 11-9-95; Ord. No. 010616, § 1, 5-10-01; Ord. No. 020731, § 1, 7-18-02)
Sec. 14-21. Same--Exception for nonresidents.
Any other section of this chapter notwithstanding, the licensing provisions of this chapter shall not apply to any nonresident owner or keeper of a dog or cat while such nonresident is passing through the city, provided such dog, cat or ferret shall remain on leash or otherwise effectively physically restrained, as in a closed vehicle.
(Code of Gen. Ords. 1967, § 6.19; Ord. No. 48707, 6-22-78; Ord. No. 010616, § 1, 5-10-01)
Sec. 14-22. Same--License fee.
For the issuance of each dog, cat and ferret license required by this chapter, the owner or keeper shall annually pay to the city such license fee as is provided for in section 14-52, except that, when any such owner, keeper or other applicant for such license shall submit such proof as may be required by the commissioner of revenue that a dog is fully trained as a guide dog or a hearing dog and is regularly used in the service of a blind or deaf person, or that a dog is fully trained as a service dog, as defined in RSMo 209.150(4), for physically disabled persons, or that a dog is owned by a governmental unit, then such license shall be issued without the payment of such fee.
(Code of Gen. Ords. 1967, §§ 6.20, 21.132; Ord. No. 38760, 10-2-70; Ord. No. 42979, 11-21-75; Ord. No. 48068, 7-21-77; Ord. No. 48707, 6-22-78; Ord. No. 48721, 8-3-78; Ord. No. 53297, 10-22-81; Ord. No. 62669, 7-28-88; Ord. No. 990453, § 1, 4-8-99; Ord. No. 010616, § 1, 5-10-01; Ord. No. 020731, § 1, 7-18-02)
Sec. 14-23. Same--Licensing period.
The licensure evidenced by the certificate of registry shall entitle an owner or keeper to keep the licensed dog, cat or ferret in the city until April 30 next following the date of issuance of the dog, cat or ferret license and certificate. Beginning May 1, 1991, such licenses will be sold and due in the same month that they were purchased the previous year.
(Code of Gen. Ords. 1967, § 6.21; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 010616, § 1, 5-10-01)
Sec. 14-24. Same--Certification of immunization required; proof of spaying or neutering.
Before the commissioner of revenue issues any license or tag for a dog, cat or ferret, the owner or keeper thereof shall file with the commissioner of revenue a certificate from a licensed veterinarian showing that, the dog, cat or ferret is properly immunized against rabies in accordance with Compendium of Animal Rabies Prevention and Control issued annually by the National Association of State Public Health Veterinarians (NASPHV). The owner will also submit satisfactory proof, such as a certificate from a licensed veterinarian, to the commissioner of revenue as to whether or not a dog, cat or ferret has been spayed or neutered if it is desired to obtain a license at the lower rate applicable to spayed or neutered animals.
(Code of Gen. Ords. 1967, § 6.22; Ord. No. 48707, 6-22-78; Ord. No. 980059, § 1, 2-12-98; Ord. No. 010616, § 1, 5-10-01)
Sec. 14-25. Records of dog, cat or ferret registration.
The commissioner of revenue shall keep a record giving the name and address of the owner or keeper of each licensed dog, cat or ferret and the number of the certificate of registry, together with a general description of the dog, cat or ferret.
(Code of Gen. Ords. 1967, § 6.23; Ord. No. 48707, 6-22-78; Ord. No. 010616, § 1, 5-10-01)
Sec. 14-26. Issuance of dog, cat or ferret license tags; replacement tags.
At the time of the issuance of a dog, cat or ferret license required by this chapter, the commissioner of revenue shall deliver therewith a license tag showing the registration number and expiration date of the license. A replacement license tag shall be furnished by the commissioner of revenue to any such owner or keeper upon application satisfactory to the commissioner of revenue and payment of the fee as is provided for in section 14-52. Any change in the form of license tag or tags used shall first be approved by the commissioner of revenue as suitable for dogs or cats.
(Code of Gen. Ords. 1967, § 6.24; Ord. No. 48707, 6-22-78; Ord. No. 010616, § 1, 5-10-01; Ord. No. 020731, § 1, 7-18-02)
Sec. 14-27. Wearing of license or identification tag required for dogs, cats and ferrets; removal of collar or license tag.
(a) No owner or keeper of any dog, cat or ferret shall allow or permit such dog, cat or ferret to be outside the residence of the owner or keeper, at any time other than when enclosed on all sides in a cage or covered run with a roof and bottom, without having attached to a collar about the neck of such animal or to a secure body harness the license tag provided for in section 14-26 or the identification tag provided for in section 14-44, except when such dog, cat or ferret is being handled in the course of an organized dog training or exhibition program.
(b) No person shall remove, or cause to be removed, the collar, harness or the license tag from any licensed dog, cat or ferret without the consent of the owner or keeper thereof.
(Code of Gen. Ords. 1967, § 6.25; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 010616, § 1, 5-10-01)
Sec. 14-28. Limitation on number of dogs, cats and ferrets.
(a) It shall be unlawful and a public nuisance for any person in charge of a residence to keep or allow to be kept more than four dogs or four cats, or any combination of such animals exceeding four in number, over the age of 120 days at such residence unless the residence or all of the dogs and cats kept there are within one or more of the following exceptions:
(1) The residence is licensed as a commercial animal establishment.
(2) The residence is zoned agricultural (RA) pursuant to the zoning ordinance but is not licensed as a commercial animal establishment, in which case the number of dogs and cats kept shall not exceed 25 over the age of 120 days.
(3) The individual in charge of the residence has a current domestic animal avocation permit or a domestic animal rescue kennel and rescue cattery permit, in which case the number of animals shall not exceed ten over the age of 180 days, unless otherwise granted an exception pursuant to such permit. Only one such permit may be issued for any one residence structure, even if such residence structure contains more than one separate residence.
(b) After May 21, 2001, it shall be unlawful and a public nuisance for any person to keep or allow to be kept more than four ferrets unless the residence is licensed as a commercial animal establishment or the individual in charge of the residence has a current domestic animal avocation permit, in which case the number of ferrets shall not exceed ten, unless otherwise granted an exception pursuant to such permit.
(c) When animals in excess of the limit established in subsection (a) or (b) of this section are found at a residence, all of the animals found at the residence may be removed to the municipal animal shelter to be handled in accordance with section 14-34, except that the person in charge of the residence, if present, may designate and retain up to four licensed cats or dogs and four licensed ferrets.
(Code of Gen. Ords. 1967, § 6.26; Ord. No. 48707, 6-22-78; Ord. No. 53297, 10-22-81; Ord. No. 65201, 3-1-90; Ord. No. 010616, § 1, 5-10-01; Ord. No. 040585, § 1, 6-10-04)
Sec. 14-29. Dangerous dogs.
(a) Registration and licensure of potentially dangerous dogs and dangerous dogs.
(1) Registration and licensure required. Other than when using a dog as a guard dog or when a commissioned officer is using a dog for law enforcement or when a dog is being held in quarantine pursuant to law by a licensed veterinarian, no person shall own, keep, harbor or allow to be upon any premises occupied by him or her or under his or her charge or control a potentially dangerous dog or dangerous dog without first having obtained a certificate of registration and a license within thirty days of the date of declaration provided for by this section.
(2) Issuance of certificate of registration. A certificate of registration for a potentially dangerous dog and a dangerous dog shall be issued by the city upon a showing of compliance with the following:
a. Enclosure. Placement of a proper enclosure on the owner's or keeper's property to confine the dog; and,
b. Notice. A conspicuous notice, which shall be at least two feet by three feet, posted at the place of confinement stating either "Potentially Dangerous Dog" or "Dangerous Dog," in at least two-inch block letters, so as to warn the public of the nature of the dog therein confined; and,
c. Insurance. For a potentially dangerous dog, a surety bond issued by a surety company authorized to do business in the state in a sum of not less than $100,000.00 payable to a person injured by the dog or a policy of liability insurance issued by an insurer authorized to do business in the state in an amount not less than $100,000.00 insuring the owner or keeper for personal injuries inflicted by the dog; or, for a dangerous dog, a surety bond issued by a surety company authorized to do business in the state in a sum of not less than $250,000.00 payable to a person injured by the dog or a policy of liability insurance issued by an insurer authorized to do business in the state in an amount not less than $250,000.00 insuring the owner or keeper for personal injuries inflicted by the dog. An insurance policy issued to satisfy the insurance requirements of this section shall provide for written notice to the city within 30 days of cancellation, reduction of limits, or termination of coverage; and
d. Microchip. That a microchip has been placed into the dog by animal control for the purpose of registering such dog with animal control. The microchip shall contain the owner's, keeper's or harborer's animal control generated and assigned 'dangerous dog registration number' and such other information as required pursuant to the rules and regulations of animal control. Animal control shall keep records of the microchip placement and of the registration number.
(3) Declaration. The supervisor of animal control may declare an animal a potentially dangerous dog or a dangerous dog if the supervisor has probable cause to believe that the animal falls within the definition set forth in this chapter.
a. Probable cause to declare. For the purposes of this section, probable cause includes:
1. A prior court conviction that indicates the dog has acted in a manner causing it to fall within the definition of a potentially dangerous dog or a dangerous dog; or
2. A dog bite report filed with the supervisor of animal control; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. A verified report that the animal previously has been found to be either a potentially dangerous dog or a dangerous dog by any animal control authority; or
5. Other substantial evidence admissible in a court of law.
b. Service of declaration. The declaration shall be in writing, and shall be served on the owner or keeper either by regular United States mail to the owner's, keeper's or harborer's last known address or by personal service.
c. Contents of declaration. The declaration shall state at least:
1. A description of the animal; and,
2. The name and address of the owner, keeper or harborer of the animal, if known; and,
3. The whereabouts of the animal if it is not in the custody of the owner, keeper or harborer; and,
4. The facts upon which the declaration is based; and,
5. The availability of a hearing in case the person objects to the declaration, if a request is made in writing within five days of the date of receipt of the declaration; and,
6. The restrictions placed on the animal as a result of the declaration; and
7. The penalties for violation of the restrictions, including the possibility of the destruction of the animal, and imprisonment or fining of the owner, keeper or harborer.
c. Appeal of declaration. The owner, keeper or harborer may, within five days of receipt of the declaration, request a hearing before the director of neighborhood and community services. Following the director's decision pursuant to this subsection, the owner, keeper or harborer shall be considered to have exhausted such owner's, keeper's or harborer's administrative appeal. If the director finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled. If the director finds sufficient evidence to support the declaration then it shall be affirmed.
d. Impoundment pending appeal. Following the service of a declaration of a potentially dangerous or a dangerous dog, and pending appeal pursuant to this subsection, the supervisor of animal control may, if circumstances require, impound the animal at the owner's, keeper's or harborer's expense, pursuant to the provisions of this chapter, until the director of neighborhood and community services orders either its redemption or destruction.
(4) Licensure. The owner, keeper or harborer of a potentially dangerous dog or a dangerous dog shall obtain a license from the supervisor of animal control for any such dog.
a. Licensure fees. The owner, keeper or harborer shall pay the fee for such potentially dangerous dog or dangerous dog license in the amount set forth in this subsection. In addition, the owner, keeper or harborer of such dog shall pay an annual renewal fee for such license in the amount set forth in this subsection. Annual renewal of any license shall be conditioned on compliance with the requirements of this chapter. The supervisor of animal control is authorized to pro rate the license fee for the remainder of the first year during which an animal becomes subject to the registration requirements of this subsection.
b. Licensure information. The owner, keeper or harborer of a dog that is subject to a potentially dangerous dog or dangerous dog license shall furnish the following information along with the appropriate license fee:
1. The animal's age, weight, coloring, breed, and any other special identifying characteristics; and
2. Two 3"× 5" color photographs of the animal; and
3. Proof of current rabies vaccination for the animal; and
4. For potentially dangerous dogs, a certification under penalty of perjury that the animal has not been previously found to be a potentially dangerous or dangerous dog; or, for dangerous dogs, a certification under penalty of perjury that the animal has not been removed from another jurisdiction to avoid any penalties arising from the animal's previous status.
c. Fee amounts. The license fee for each potentially dangerous dog to be licensed pursuant to this subsection is $100.00. The annual renewal fee for each potentially dangerous dog licensed pursuant to this subsection is $50.00. The license fee for each dangerous dog to be licensed pursuant to this subsection is $250.00. The annual renewal fee for each dangerous dog licensed pursuant to this subsection is $50.00.
(b) Violations, impoundment and exemptions for potentially dangerous dogs and dangerous dogs.
(1) Confinement and posting, violation. An owner, keeper or harborer of a potentially dangerous dog or a dangerous dog who fails to comply with the requirements of this subsection related to confinement in a proper enclosure or posting of warning notices shall be guilty of a violation of this chapter.
(2) Noncompliance violation, potentially dangerous dog. An owner, keeper or harborer of a potentially dangerous dog who fails to obtain a license and certificate of registration, or renewal, for such dog as required in this subsection shall be guilty of a violation of this chapter; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner, keeper or harborer is notified by the supervisor of animal control that such license or renewal for such potentially dangerous dog is required, or until any appeal has been completed, whichever is later.
(3) Noncompliance violation, dangerous dog. An owner, keeper or harborer of a dangerous dog who fails to obtain a license and certificate of registration, or renewal, for such dog as required in this subsection shall be guilty of a violation of this chapter; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner, keeper or harborer is notified by the supervisor of animal control that such license or renewal for such dangerous dog is required, or until any appeal has been completed, whichever is later.
(4) Restraint and muzzling, violation. An owner, keeper or harborer of a potentially dangerous dog or a dangerous dog shall not allow such animal to be outside the proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash not longer than 48 inches and under the physical control of a person 18 years of age or older who is capable of restraining such animal. The muzzle shall be constructed so that it will not cause injury to the dog or interfere with its vision or respiration. Such muzzle shall be constructed so that it will prevent the dog from biting any person or animal. Such dogs shall not be leashed or otherwise tied tethered to inanimate objects, such as trees, posts, buildings, mail boxes, newspaper vending machines, and the like. Dogs subject to the provisions of this Subsection shall wear a bright orange collar not less than two inches in width, at all times.
(5) Age, violation. It is a violation of this chapter for any person under the age of 18 years to own, keep or harbor a potentially dangerous or dangerous dog within the city limits.
(6) Number of dogs allowed, violation. It is a violation of this chapter for any person to own, keep or harbor more than one potentially dangerous dog or dangerous dog within the city limits.
(7) Transfer of dogs, violation. It is a violation of this chapter to transfer ownership or possession of a potentially dangerous dog or dangerous dog within the city limits unless the recipient has complied with the registration and licensing requirements of this subsection for such animal.
(8) Unregistered offspring, violation. It is a violation of this chapter to own, keep or harbor the offspring of a dangerous dog within the city limits for more than eight weeks following the birth of such offspring unless the offspring are registered as potentially dangerous dogs pursuant to this subsection.
(9) Failure to report injury, violation. It is a violation of this chapter for the owner, keeper or harborer of any animal which is subject to the licensing requirements of this subsection to fail to report any bites or injuries suffered by any person or domestic animal as a result of an attack incident or other contact with such animal, regardless of the geographical location where such attack, incident or other contact occurs.
(10) Failure to report certain information, violation. It is a violation of this chapter for an owner, keeper or harborer of any animal subject to the licensing requirements of this subsection to fail to immediately notify the supervisor of animal control in writing of the removal from the city or death of any dog registered pursuant to this subsection, or of the birth of offspring of any dangerous dog, or of the new address of the owner, keeper or harborer of any dog registered pursuant to this subsection if such person moves within the city limits.
(11) Compliance, generally, violation. It is a violation of this chapter to fail to comply with the mandatory or prohibitory provisions of this subsection.
(12) Noncompliance, impoundment. Any potentially dangerous dog or dangerous dog, for which a license and certificate of registration, or renewal, has not been obtained by its owner, keeper or harborer pursuant to this subsection, is subject to being impounded by the supervisor of animal control. The owner, keeper or harborer of any potentially dangerous dog or dangerous dog so impounded shall be subject to any impoundment fees. Any potentially dangerous dog or dangerous dog which is impounded due to the failure of the owner, keeper or harborer of such dog to obtain the required license or certificate of registration, and which remains impounded for a period of at least five days due to the failure of the owner, keeper or harborer to obtain such license or certificate of registration, or renewal, may be destroyed in an expeditious and humane manner by the supervisor of animal control.
(13) Impoundment, immediate.
a. The supervisor of animal control may immediately impound a potentially dangerous dog or dangerous dog if:
1. The dog is not validly licensed or registered pursuant to this subsection; or
2. The owner, keeper or harborer does not secure or maintain the surety bond or liability insurance coverage required pursuant to this subsection; or
3. The dog is not maintained in a proper enclosure; or
4. The dog is outside of the dwelling of the owner or keeper, or outside of the proper enclosure, and not muzzled and under proper physical restraint by the responsible person; or
5. The dog is otherwise in violation of the licensure or registration provisions of this subsection.
b. The owner, keeper or harborer of any dog immediately impounded pursuant to this subsection may redeem such dog from the supervisor of animal control only upon proof of a valid license and registration pursuant to this subsection and payment of all applicable fees each day such dog has been in the control of the supervisor, provided however, that in the event the owner, keeper or harborer has not redeemed such dog within five days of being notified of the immediate impound, the dog shall be destroyed in an expeditious and humane manner.
(14) Impoundment for biting. If a dog classified as a dangerous dog bites a person or another domestic animal, such dog shall be immediately impounded by the supervisor of animal control and thereafter destroyed in an expeditious and humane manner. Any such animal which is deemed uncatchable by the supervisor or an animal control official may be killed by such supervisor or official if no other reasonable means of capture is available or such animal continues to be a threat to persons or domestic animals. Reasonable means of capture may include the use of tranquilizers which, depending upon the animal's age, size, and physical condition, may cause death.
(15) Exceptions. A dog shall not be declared potentially dangerous or dangerous if the threat, injury, or damage otherwise giving rise to action pursuant to this subsection was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner, keeper or harborer of the dog or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
(c) Guard dogs. Any guard dog (for the purpose of this chapter, defined as a dog not owned by a governmental unit which dog is used to guard private commercial property or public property) used in the city by virtue of such use is hereby declared to be subject to the license requirements of this chapter; must be vaccinated against rabies by a licensed veterinarian; must, if brought into the city from outside the state, be accompanied by the official health certificate required by the state, currently set out in 2 CSR 30-2.010(9), which certificate shall be exhibited upon the request of any city animal control or police officer; must be effectively physically restrained to the premises guarded; must be controllable by its keeper; and must not be used in a manner which, as determined by the supervisor of animal control, endangers individuals not on the premises guarded. Any person operating a guard dog service in the city shall register such business with the supervisor of animal control and shall list all premises to be guarded with the supervisor of animal control before such service begins.
(d) Biting dogs running at large. It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow the dog to run at large, as defined in section 14-33(a), within the city. If the dog causes injury to a human by biting or scratching while running at large, the owner, keeper or harborer shall upon conviction be punished pursuant to this section and section 14-51(a).
(e) Destruction of dogs in custody of supervisor of animal control. Any dog which is in the custody of the supervisor of animal control, and which in the judgment of the supervisor of animal control would constitute a menace to the health, safety or welfare of the public if released from such custody, may be humanely killed by the supervisor of animal control.
(f) Penalty; authority to order destruction of dog. Any violation of this section shall be punishable pursuant to section 14-51(a), except that the minimum fine for violation of any provision of this section shall be $250.00. Upon conviction of failure to comply with any provision of this section, in addition to the usual judgment on conviction, if it shall appear to the municipal judge that such dog is still living, he may order that such dog be humanely killed, and direct the supervisor of animal control to enforce that order, and the police department shall assist as may be required by the supervisor of animal control.
(Code of Gen. Ords. 1967, § 6.27; Ord. No. 48707, 6-22-78; Ord. No. 58064, 6-27-85; Ord. No. 960045, § 1, 2-1-96; Ord. No. 031281, § 1, 12-18-03; Ord. No. 040268, § 1, 4-1-04)
Cross references: Identification of guard dogs and restraint of guard dogs in transit, § 14-47; licenses and miscellaneous business regulations, ch. 40.
Sec. 14-30. Excessive animal noise.
No person shall own or keep any animal which by making excessive noise disturbs a neighbor.
The following definitions and conditions shall be specially applicable to enforcement of the prohibition set out in this section:
(1) The phrase "excessive noise" shall mean and include any noise produced by an animal which is so loud and continuous or untimely as to disturb a neighbor.
(2) The term "neighbor" shall mean an individual residing in a residence structure which is within 100 yards of the property on which the animal is kept or harbored and who does in writing state that he will testify under oath to the animal making excessive noise.
(3) If a general ordinance summons is issued charging violation of this section, a subpoena shall also be issued to the disturbed neighbor to testify in the matter.
(Code of Gen. Ords. 1967, § 6.28; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 980059, § 1, 2-12-98)
Cross references: Noise control, ch. 46.
Sec. 14-31. Animals putting persons in fear or being maintained as public nuisance.
(a) Pursuant to Charter authority at section 1(47) to regulate or prohibit the keeping or running at large of any animal or fowl, this chapter regulates the possession of all animals and fowl in this city and seeks to balance the consequences of the exercise of such privilege of possession with the right of all citizens to enjoy a normal urban environment free of reasonable fear or dogs or other animals possessed within this city.
(b) No person shall own, keep or harbor any dog or other animal that is not securely confined, which by attempting to bite, jump upon, charge toward or otherwise threaten any other person shall cause such other person to have a reasonable fear of immediate serious physical injury. Any person cited pursuant to this subsection may state as a defense subject to proof that the threatening behavior of the animal was instigated or provoked by the complainant or that the fear expressed by the complainant was not a reasonable fear of immediate serious physical injury, and the court shall give any such defense such weight as the court in its judicial discretion finds to be appropriate in the circumstances of the case. Complaints under this subsection may only be lodged by an animal control officer.
(c) It shall be a violation to maintain any animal or fowl within the city as a public nuisance as such is defined by the common law of the state, the statutes of the state or the ordinances of this city.
(d) No person shall own, keep or harbor any dog or other animal or fowl in such manner as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox by any authorized employee of the utility or postal service. Any dog or other animal or fowl so owned, kept or harbored as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox may be removed by the supervisor of animal control and taken to the animal shelter, where it will be treated as a stray under this chapter.
(e) It shall be the primary responsibility of the division of animal control to provide services as enumerated in subsections (a) through (d) of this section; however, in cases of immediate danger of physical injury or death to any persons, the division may call upon police personnel to assist in the handling of situations arising under this section. This section shall not be construed to impose regulation upon animals or fowl exempt from regulation pursuant to sections 14-45 or 14-46, nor shall it be construed to regulate dogs owned by any guard dog services registered as a business with the supervisor of animal control as provided for in section 14-29.
(Code of Gen. Ords. 1967, § 6.29; Ord. No. 48707, 6-22-78; Ord. No. 58064, 6-27-85; Ord. No. 61987, 1-28-88; Ord. No. 960045, § 1, 2-1-96)
Sec. 14-32. Confinement of dogs in heat.
The owner, keeper or person harboring any female dog shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building except when out upon such person's premises briefly for toilet purposes while on leash or otherwise effectively physically restrained. For the purposes of this section, the term "briefly for toilet purposes" shall consist of a maximum time of 15 minutes on each separate occasion.
(Code of Gen. Ords. 1967, § 6.30; Ord. No. 48707, 6-22-78)
Sec. 14-33. Dogs running at large prohibited.
(a) It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow the dog to run at large within the city. For the purpose of this section, any dog shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when found outside of the residence structure of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape.
(b) It shall be unlawful for any owner, keeper or harborer of a dog to allow said dog to be restrained in any such manner as to allow the animal to be upon the private property of another person without that person's permission. In duplexes, triplexes, fourplexes, townhouses, apartment buildings and all such other residential structures where more than one party occupies a property, no animal may be leased, chained, fenced or otherwise restrained in a common-ground area shared by more than one tenant.
(c) A legally blind, deaf or physically disabled person using a guide, hearing or service dog in the customary manner shall be deemed to be in compliance with this section.
(d) Official use of dogs by any governmental unit shall be deemed in compliance with this section.
(e) Any person permitting or allowing a dog to run at large within an "off-leash dog area" established on parks under the control and management of the board of parks and recreation commissioners, in accordance with all rules and regulations as may be prescribed by the board of parks and recreation commissioners for such area, shall be deemed to be in compliance with this section.
(Code of Gen. Ords. 1967, § 6.31; Ord. No. 48707, 6-22-78; Ord. No. 951372, § 1, 11-9-95; Ord. No. 040647, § 1, 6-24-04)
Sec. 14-34. Disposition of impounded animals.
(a) Impounded dogs and other animals shall be kept for not less than five days and cats shall be kept for not less than two days except:
(1) When given to be disposed of by an owner, keeper or harborer, in which case the animal shall be held until the next calendar day before making a disposition.
(2) When an animal arrives at the shelter in so sick or injured a condition that, in the judgment of the supervisor of animal control or a licensed veterinarian, human compassion requires that the suffering be promptly ended. In such instance such time period shall not apply and the animal will be humanely euthanized to prevent needless suffering.
(b) Whenever any dog or animal other than a cat shall remain in the animal shelter or at the place of impoundment of a designated representative for a period longer than five days from the impoundment of such dog or animal, or whenever any cat shall remain in the animal shelter or at the place of impoundment of a designated representative for a period longer than two days (except those animals impounded under authority of section 14-41 or 14-42, in which case such period may begin upon the expiration of the applicable observation period therein provided), the dog, animal or cat shall be disposed of in a humane manner by the supervisor of animal control. The times for holding provided in this subsection shall not include nonbusiness days or holidays.
(c) The supervisor of animal control may, in lieu of having an unclaimed animal killed as provided in this section, give such animal into the custody of any adult requesting custody (animal adoption) of such specific animal as a pet after viewing it, provided that in the judgment of the supervisor the person will humanely care for such animal and will not permit its use for laboratory or experimental purposes. However, the provision regarding laboratory or experimental purposes shall not apply to dead animals. If more than one qualified person requests an animal, the supervisor of animal control may award it to the custody of the person making the highest and best bid. The supervisor of animal control may also at his or her discretion give an animal to an organization for charitable purposes, provided the supervisor is convinced that such organization will provide a good home.
(d) No animal will be given to the custody of a person who, in the judgment of the supervisor, is requesting the animal with the intent to transfer ownership or sell it. Not more than two animals may be given into the custody of any individual or family per calendar year. These restrictions do not apply when, at the discretion of the supervisor, an animal is given to a not-for-profit charitable organization incorporated in the state which has as part of its mission the placement of animals in a good home. This discretionary transfer shall take place only after the animal has been made available to the general public and in lieu of euthanasia if no person has adopted the animal. Any such organization shall comply with all the requirements set forth in this chapter regarding the spaying or neutering, vaccination, and licensing of animals.
(e) After selection of a dog or cat, but prior to delivery of custody of the animal, the supervisor of animal control shall collect an adoption fee as specified in section 14-52 and issue a receipt for such fee, for any unaltered animal adopted which fee will include the costs of spay or neutering, a rabies vaccination, and any other services provided by a licensed veterinarian under contract with the City. In the case where the animal is under 120 days old, the supervisor shall issue a certificate for a rabies vaccination which must be redeemed when the animal reaches 120 days. A date shall be entered on the receipt based on the animal's age as estimated by the supervisor of animal control, and such age shall be conclusively presumed correct for the purposes of and enforcement of this chapter.
(Code of Gen. Ords. 1967, § 6.32; Ord. No. 48707, 6-22-78; Ord. No. 62669, 7-28-88; Ord. No. 65201, 3-1-90; Ord. No. 951372, § 1, 11-9-95; Ord. No. 980059, § 1, 2-12-98; Ord. No. 010288, § 1, 3-22-01; Ord. No. 020731, § 1, 7-18-02)
Sec. 14-35. Impoundment fees.
An impound fee as specified in section 14-52 shall be charged when any animal is picked up by the supervisor of animal control and transported to the animal shelter or other city-designated place of impoundment. The fee for the care of any animal during the period of impoundment shall be at the rate specified in section 14-52; however, such fee shall be increased by the actual amount of any unusual expenses, including the fee for providing a rabies vaccination, incurred in either the impoundment or the care of the animal. An owner or keeper must pay these fees in full to obtain custody of his animal, but this payment is not required for animal adoption.
(Code of Gen. Ords. 1967, § 6.33; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 990453, § 2, 4-8-99; Ord. No. 020731, § 1, 7-18-02)
Sec. 14-36. Enforcement of certain provisions by director of neighborhood and community services.
The director of neighborhood and community services, as well as the supervisor of animal control, is empowered to enforce sections 14-12, 14-14, 14-15, 14-18, 14-19, 14-28 and 14-37.
(Code of Gen. Ords. 1967, § 6.34; Ord. No. 48707, 6-22-78; Ord. No. 63825, 4-6-89)
Sec. 14-37. Disposal of dead animals.
(a) Responsibility of supervisor of animal control. The supervisor of animal control shall be responsible for the removal and disposal of small dead animals found within the city except as otherwise provided in this section. In this section, the term "dead animal" shall mean one not killed for food or no longer fit for food.
(b) Removal of large dead animals. All large dead animals shall be removed by the owner or proprietor of the premises within 12 hours after the death of such animal. If not so removed, such animal may be removed by the supervisor of animal control at actual cost to the property owner or proprietor.
(c) Removal and disposal of small dead animals. For the removal and disposal of small dead animals from animal hospitals, commercial establishments, laboratories and other similar places where animals are kept for commercial or scientific purposes, the fee for each animal shall be as specified in section 14-52. For the occasional removal and disposal of small dead animals from other premises, there shall be no charge. However, such animals shall be placed at curbside in a refuse bag after notifying animal control.
(d) Payment of charges. Charges for dead animal removal as required in subsections (b) and (c) of this section are due and payable upon billing by the supervisor of animal control. The supervisor of animal control may refuse to collect dead animals as provided in subsections (b) and (c) of this section for failure to pay previous billings.
(e) Access to property. On occupied property, the owner or the tenant thereof shall provide easy access to the subject animal for purposes of its removal.
(f) Disposal required. No person owning or having in his possession the carcass of any animal not to be used for food shall permit the same to remain in or upon any street, sidewalk, park, public ground, private lot, or other place unless placed for pickup after having given notice to the city.
(Code of Gen. Ords. 1967, § 6.35; Ord. No. 48707, 6-22-78; Ord. No. 63825, 4-6-89; Ord. No. 65201, 3-1-90; Ord. No. 940181, 2-17-94; Ord. No. 010288, § 1, 3-22-01; Ord. No. 020731, § 1, 7-18-02)
Charter references: Power to provide for disposal of dead animals, § 1(28).
Cross references: Solid waste, ch. 62.
Sec. 14-38. Animal markets.
No horse market shall be conducted or maintained in any block of ground in the city where a majority of the frontage of any side of such block is occupied and used for residential purposes. It shall further be unlawful to offer any animal for sale at auction unless the sale is done in a barn, stable or other covered enclosure. Where any animal is offered for sale at auction, the auctioneer so offering the animal for sale shall first make a minute description of such animal in a well-bound book, which book shall be at all times open to inspection by any officer of the city or police department; provided, however, that nothing in this section shall in any way alter or invalidate any common usage or procedure of the American Royal.
(Code of Gen. Ords. 1967, § 6.36; Ord. No. 48707, 6-22-78; Ord. No. 951372, § 1, 11-9-95)
Cross references: Auctions and special sales, ch. 16; licenses and miscellaneous business regulations, ch. 40.
Sec. 14-39. Commercial animal establishments generally.
(a) Standards for operation and treatment of animals. Any person operating a commercial animal establishment shall keep and maintain the animals, and all structures, pens or yards, tanks, ponds or other holding areas in which the animals are kept, in such a manner as to prevent a nuisance or health hazard to humans and to avoid injury and illness to these animals. All holding areas must be properly sanitized so as to keep the animals enclosed therein free of diseases. All such animals shall be provided with a constant supply of wholesome food and water, or, in lieu of this, the proprietor shall prominently and publicly post and shall follow a schedule for adequate feeding and watering. A schedule shall also be posted for cleaning and maintaining cages and other holding areas at the facility. Any animal that is infected or diseased with an infectious agent shall be immediately isolated in such a manner as to prevent spread of disease to any other healthy animals, and it shall be treated immediately to prevent further condition deterioration, or euthanized, and if the owner or keeper fails or refuses to provide for such treatment or euthanasia the supervisor of animal control may remove each such animal to the municipal animal shelter for disposition as provided by this chapter. Any person operating a retail commercial animal establishment shall not sell or offer for sale any dangerous or prohibited animal as defined by section 14-9.
Retail commercial animal establishments shall not sell any reptiles, offer any reptiles for sale, or offer any reptiles as a gift or promotional consideration unless a notice regarding the public health risks of salmonellosis from such animals and safe-reptile handling practices is prominently posted or displayed at each location in the establishment where the reptiles are displayed, housed or held. Only such notices that are prepared and distributed by the city health department shall be considered as in compliance with this requirement. In addition, every patron that purchases, is given, or otherwise receives a reptiles from a commercial retail establishment shall be given a flyer on salmonellosis and reptiles that are prepared by the health department.
(b) Permit.
(1) Required; application.
a. All commercial animal establishments operated and located within the city must obtain a permit from the supervisor of animal control. This permit is a prerequisite to the issuance of an occupational license for such establishment. All permits issued under this section must be renewed annually. Application forms therefor shall be provided by the supervisor.
b. Permit applications for commercial animal establishments in business prior to December 1, 1990, must be submitted to the supervisor of animal control no later than November 1, 1991.
c. Permit applications for commercial animal establishments commencing business on December 1, 1990, or thereafter must be submitted to the supervisor of animal control.
d. When an application for a permit is received, the supervisor of animal control shall issue a receipt therefor authorizing operation on a provisional basis until an inspection of the premises can be made and the processing of the permit completed.
e. The date of the issuance of the permit shall become the anniversary date of the applicant for the purpose of annual renewal.
(2) Prerequisites for issuance. A permit shall not be issued unless:
a. The applicant provides the complete information requested on the application form, including but not limited to the names of the owner and applicant, the type of business proposed, previous business of the applicant of the same or similar nature operated, background, qualifications and experience of the applicant or operator, and any other information required for the supervisor to make an objective judgment as to whether the applicant is qualified to operate the business in a safe and humane manner.
b. The applicant provides proof that the establishment meets zoning, building and fire code requirements.
c. The applicant provides an adequate written program of veterinary care outlining inoculation, worming and other necessary care, treatment or euthanasia to prevent the exchange, barter, sale, rental or hire of such animals which are diseased or unfit.
(3) Inspections. Prior to authorizing a new permit or renewing an existing permit, the supervisor will inspect the proposed or existing business premises as to their suitability for their intended use. Such inspection will include but shall not be limited to holding areas, primary enclosures, waste disposal methods, food and bedding, vermin control, heating and ventilation, and isolation facilities. All such facilities where animals are kept are subject to comply with the needs of animals as outlined in section 14-16. Such permit shall not be renewed unless the supervisor of animal control finds that the permit holder has operated his or her business in a safe and humane manner in the previous permit period.
(4) Denial or revocation; appeals. It shall be grounds for permit revocation or denial for an owner, proprietor, manager or employee to fail to meet the standards set forth in subsection (a) of this section, to falsify information requested in the application, or to refuse or deny access to any animal control officer for the purposes of inspection or complaint investigation with reference to granting, renewing, suspending or revoking a commercial animal establishment permit. The supervisor of animal control shall make any denial, suspension or revocation of a permit in writing to the applicant or permit holder, stating the reasons for such action. The applicant or permit holder shall have ten days after receipt of such denial, suspension or revocation in which he may appeal from such denial, suspension or revocation to the director of neighborhood and community services, and the director, or the director's assistant if designated, shall conduct a hearing and make findings in such fashion that the result of such hearing may be appealed on the record to the circuit court. Appeal by a permit holder shall stay suspension or revocation of the permit pending final disposition of the appeal.
(Code of Gen. Ords. 1967, § 6.37; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 900397, 9-6-90; Ord. No. 951372, § 1, 11-9-95; Ord. No. 010616, § 1, 5-10-01)
Cross references: Licenses and miscellaneous business regulations, ch. 40.
Sec. 14-40. Permit fee for commercial animal establishments.
Each applicant for an annual permit under section 14-39 shall pay a permit fee as specified in section 14-52 at the time of application.
(Code of Gen. Ords. 1967, § 6.37.1; Ord. No. 900397, 9-6-90; Ord. No. 951372, § 1, 11-9-95; Ord. No. 020731, § 1, 7-18-02)
Sec. 14-41. Human exposure to rabies or other zoonotic disease--Animal bites generally.
Any bite wound exposing an individual to the possibility of rabies or other zoonotic disease (referred to in this section as an "incident") shall be immediately reported to the supervisor of animal control by the victim, and by the owner, keeper or harborer of the animal if the incident is known to him. Any animal bite which requires medical treatment shall be reported within 24 hours to the director of health by the treating physician or hospital caring for the patient. It shall be the duty of the police department to promptly notify the supervisor of animal control of any such bite reported to the police. It shall be unlawful for the owner, keeper or person harboring the animal involved in such incident to release it from his custody or to hide or conceal such animal or to take or allow such animal to be taken beyond the limits of the city unless so authorized by the director of health, until an observation period stipulated by the director of health for the particular species of animal is over or such period is ruled unnecessary by the director of health. It shall be the duty of such owner or keeper, upon receiving notice of such incident, to immediately place the animal involved in a duly licensed veterinary medical facility, the address of which must be furnished the supervisor of animal control at once, or in the municipal animal shelter, where such animal shall be isolated and confined for observation. The owner or keeper of an animal involved in a biting incident shall be liable for the cost of confinement and observation. The death or any suspicious change in health or behavior of any such animal undergoing observation shall be reported immediately by the observing authority to the director of health or his designated representative. If a proper period of observation is undetermined or undeterminable for the species of animal involved in an incident, to protect the general public, the director of health is hereby empowered to order whatever laboratory examination of the animal or the animal's tissues is required by prudent medical practice, and no liability for damages shall arise from any injury to or the death of the animal occasioned by such laboratory examination. When an animal involved in an incident is outside the city, the director of health or the supervisor of animal control shall forward information concerning the incident to the appropriate authority of the jurisdiction of residence of the owner, keeper or harborer or the appropriate state health department for coordinated disease prevention.
(Code of Gen. Ords. 1967, § 6.38; Ord. No. 48707, 6-22-78; Ord. No. 53297, 10-22-81; Ord. No. 65201, 3-1-90; Ord. No. 980957, § 1, 8-27-98)
Cross references: Notice of existence of animal disease, § 34-71; powers of director of health regarding animal diseases, § 34-72.
Sec. 14-42. Same--Dog, cat and ferret bites resulting in human exposure to rabies.
It shall be the duty of every owner or keeper of any dog, cat or ferret, upon receiving notice or having knowledge of the involvement of his or her pet in a human exposure to the possibility of rabies or other zoonotic disease by biting (referred to in this section as an "incident"), to immediately place such animal in a duly licensed veterinary medical facility, the address of which must be furnished to the supervisor of animal control at once, or in the municipal animal shelter, where such animal shall be isolated and confined for observation for ten consecutive days from and including the day of the incident. It shall be unlawful for the owner, keeper or person harboring the animal involved in such incident to release it from his custody or to hide or conceal such animal or to take or allow such animal to be taken beyond the limits of the city, unless so authorized by the director of health, until the period of confinement and observation required in this section is completed. The owner or keeper of such animal involved in an incident shall be liable for the cost of confinement and observation. The death or any suspicious change in the health or behavior of any such dog, cat or ferret undergoing observation shall be reported as soon as possible by the observing authority to the director of health or his designate. The director of health or his designate is hereby authorized to authorize confinement other than described in this section as he finds medically appropriate, providing such animal will be controlled and observed in accordance with the owner's signed agreement, but only if such dog, cat or ferret has a current vaccination for rabies and is duly licensed as provided by this chapter. Unless determined otherwise by the director of health, exceptions to such confinement requirement may be granted by the supervisor of animal control in the following cases:
(1) Where a female dog, cat or ferret is nursing their unweaned off-spring.
(2) If the investigating officers determines that:
a. The incident occurred while the animal involved was confined and legally kept upon the property of the owner;
b. The person injured was upon the property without the express or implied consent of the owner and was not there performing functions of a job; or
c. Other circumstances exist which in the judgment of the supervisor create an exceptional situation.
However, if the person injured in an incident, or his parent or guardian in the case of a minor, desires that the animal be impounded, even though an exception to impoundment has been granted as provided in this section, and agrees in writing to pay for its board during the period of confinement, it shall be impounded in the manner and for the period specified in this section, unless determined otherwise by the director of health upon review of the facts and circumstances of the incident.
(Code of Gen. Ords. 1967, § 6.39; Ord. No. 48707, 6-22-78; Ord. No. 53297, 10-22-81; Ord. No. 65201, 3-1-90; Ord. No. 010616, § 1, 5-10-01)
Sec. 14-43. Same--Destruction of dangerous animals; impoundment or observation of animals in transit.
(a) If any dangerous, fierce or vicious dog, cat or other animal believed involved in an incident (as the term "incident" is used in sections 14-41 and 14-42) cannot be safely captured or prevented from escaping by usual means, such animal may be slain by a police officer or animal control officer if such is the officer's belief. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated for the species by the director of health, it shall be the duty of any person slaying such animal to forthwith deliver or cause to be delivered all the remains of such animal to the supervisor of animal control. A departure from this procedure must be requested of and authorized by the director of health.
(b) For the purpose of disease or injury control, the supervisor of animal control is hereby empowered to impound and observe pets in transit through the city at the request of any official animal control agency, health officer or law enforcement agency of another jurisdiction.
(Code of Gen. Ords. 1967, § 6.40; Ord. No. 48707, 6-22-78)
Sec. 14-44. Domestic animal avocation permit; domestic animal rescue kennel and rescue cattery permit.
(a) Domestic avocation permits.
(1) Purchasing a permit. Any adult natural person resident in a one-family dwelling may for the fee specified in section 14-52 per calendar year or part thereof purchase from the supervisor of animal control a domestic animal avocation permit to establish and maintain a hobby-kennel or a hobby-cattery containing not more than ten animals over the age of 180 days on the lot on which he or she is resident or on a contiguous lot, which lot or lots are not zoned for business, if such person first obtains signed consents from all adult owners and tenants of any lot, any part of which is within 50 yards of the lot or lots on which the proposed hobby-kennel is to be located, or which is within 50 feet of the lot or lots on which the proposed hobby-cattery is to be located, and such consents shall allow purchase of a permit for each subsequent year for such hobby-kennel or hobby-cattery for so long as permits are purchased and maintained in effect without lapse; however, before any such permit shall be sold by the supervisor of animal control, the supervisor must have inspected and approved the hobby-kennel or hobby-cattery or have inspected and approved detailed plans and specifications for compliance with the requirements of this chapter and he or she must further certify, with the assistance of all city employees and officers, which assistance as necessary is hereby authorized, that such proposed hobby-kennel or hobby-cattery will be in compliance with all of the ordinances of the city; and, further, to ensure continuing compliance with all of the ordinances of the city, the applicant for a domestic animal avocation permit shall, as a condition to the granting of such permit, in writing, authorize the supervisor of animal control and all city inspectors to make inspections between the hours of 7:00 a.m. and 7:00 p.m. of such hobby-kennel or hobby-cattery The maintenance of a hobby-kennel or hobby-cattery pursuant to a domestic animal avocation permit shall not be a violation of section 14-28.
(2) Roster of animals; identification tags. Each domestic animal avocation permit holder shall file with the supervisor of animal control two copies of a roster, identified by the holder's name, address and permit number. Such roster shall list each of the permit holder's animals, its name, breed, date of birth, sex, registry, whether or not neutered or spayed, and the name of the veterinarian administering and the date of all disease control inoculations for rabies or other disease. Such roster shall be maintained on forms prepared by the supervisor of animal control obtainable at city cost from the supervisor of animal control. The current maintenance of this roster shall exempt the holder from liability under section 14-20 to purchase licenses for the animals listed on the roster, provided that an accurate roster not more than one year old from the holder is on file with the supervisor of animal control. The supervisor of animal control shall acknowledge such filing on both filed copies and shall return one to the person filing if filed personally or shall mail such by first class mail to the permit holder if filing was by mail, and either copy shall be conclusive evidence of filing. The failure of a permit holder to timely file a roster shall result in a delinquency and require payment of the late fee specified in section 14-52 for filing, to be collected by the supervisor of animal control before filing, and the supervisor of animal control shall then accept filing, except that 90 days' delinquency shall work an automatic and permanent forfeiture of the domestic animal avocation permit except that renewal may be made by the same procedure as for obtaining a permit for a hobby-kennel or hobby-cattery. Each holder of a domestic animal avocation permit shall, at the time of original filing and thereafter as needed, purchase from the supervisor of animal control for the amount specified in section 14-52 a sufficient number of permanent identification tags bearing his permit number to provide one for each animal maintained on the roster, and for disease control and identification purposes these tags shall be worn by such animals in place of license tags otherwise required by this chapter. It shall be unlawful for a permit holder to sell, loan or give away such a tag or otherwise allow the use of such a tag other than to identify an animal of such permit holder.
(3) Exception. Persons maintaining a current domestic animal avocation permit on the effective date of this section issued pursuant to previous enactments of this code of ordinance section who have more than ten animals, but not more than 25 animals, shall thereafter be issued a domestic animal avocation permit, upon satisfactory compliance with all other provisions of this subsection, until such time as the number of animals existing in such permit holder's hobby-kennel or hobby-cattery is decreased to ten animals. At such time as the animals in the permit holder's hobby-kennel or hobby-cattery are decreased to ten animals, then this exception shall no longer be allowed for such permit holder. During the time at which a permit holder is allowed this exception, such permit holder shall not be allowed to own, keep or harbor any animals other than the animals the permit holder owns, keeps or harbors on the effective date of this section. The permit holder shall, upon the request of any city animal control officer or police officer, present for inspection the certificates of registry for all such animals maintained pursuant to the permit and this exception showing continuous licensure for all such animals from the effective date of this section onward. At such time as a permit holder is no longer allowed this exception, such permit holder shall be subject to the ten animal limit otherwise mandated by this subsection and may thereafter be granted a permit subject to the usual conditions of this subsection.
(b) Domestic animal rescue kennel and rescue cattery permit.
(1) Issuance. Any adult natural person resident in a one-family dwelling may for the fee specified in section 14-52 per calendar year or part thereof purchase from the supervisor of animal control a domestic animal rescue kennel and rescue cattery permit to establish and maintain a rescue kennel or a rescue cattery containing not more than ten animals on the lot on which he or she is resident or on a contiguous lot, which lot or lots are not zoned for business, if the following conditions are satisfied:
a. Consents. The person obtains signed consents from all adult owners and tenants of any lot, any part of which is within 50 yards of the lot or lots on which the proposed rescue kennel is to be located, or which is within 50 feet of the lot or lots on which the proposed rescue cattery is to be located. Such consents shall allow purchase of a permit for each subsequent year for such rescue kennel or rescue cattery for so long as permits are purchased and maintained in effect without lapse.
b. State licensure. The person obtains, within 30 days following issuance of the domestic animal rescue kennel and rescue cattery permit, licensure pursuant to the State of Missouri Animal Care Facilities Act. If such state license is not obtained within 30 days following issuance of the domestic animal rescue kennel and rescue cattery permit, then such permit shall be revoked. Upon receipt of the state license, the person shall forward a copy of such license to the supervisor of animal control.
(2) Identification tags. A domestic animal rescue kennel and rescue cattery permit holder shall be issued ten permanent identification tags by the supervisor of animal control. Each identification tag shall bear the permit number issued the permit holder by the supervisor. For the purposes of identification, an identification tag shall be worn by each and every animal that is the subject of the permit as a substitute for the license tag otherwise required by the provisions of this chapter. It shall be unlawful for a permit holder to sell, loan or give away an identification tag or otherwise allow the use of such a tag other than to identify an animal of the permit holder.
(3) Effect. The maintenance of a rescue kennel or rescue cattery pursuant to a domestic animal rescue kennel and rescue cattery permit shall not be a violation of section 14-28.
(c) Exclusion. No person shall be issued both a domestic animal avocation permit and a domestic animal rescue kennel and rescue cattery permit. No person shall be issued either a domestic avocation permit or a domestic animal rescue kennel and rescue cattery permit if such person shares a residence with a current permit holder of either such permit.
(d) Revocation. Any person who has been issued either a domestic animal avocation permit or a domestic animal rescue kennel and rescue cattery permit may have such permit revoked by the supervisor of animal control for any one of the following reasons occurring after issuance of the permit:
(1) Conviction. The person is convicted of a misdemeanor for violating any of the provisions of this chapter or is convicted of violating any state or federal law relating to the abuse or neglect of animals.
(2) Petition. A petition is forwarded to the supervisor of animal control requesting revocation of the person's permit and the petition is signed by all the adult owners and tenants of any lot any part of which is within 50 yards of the lot, or lots, on which the hobby-kennel or rescue kennel that is the subject of such petition is located or which is within 50 feet of the lot, or lots, on which the hobby-cattery or rescue cattery that is the subject of the petition is located.
(3) State licensure. The person loses, or fails to obtain within the required time, the state license issued pursuant to the State of Missouri Animal Care Facilities Act required for a domestic animal rescue kennel and rescue cattery permit.
(Code of Gen. Ords. 1967, § 6.41; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 020731, § 1, 7-18-02; Ord. No. 040585, § 1, 6-10-04)
Sec. 14-45. Exemption for zoos.
Nothing in this chapter shall be construed to regulate the owning, keeping or display of animals by governmental entities, as at the zoo in Swope Park.
(Code of Gen. Ords. 1967, § 6.42; Ord. No. 48707, 6-22-78; Ord. No. 951372, § 1, 11-9-95)
Sec. 14-46. Animal shows.
(a) Standards for operation. The customary and humane presentation of any circus, rodeo, horse or stock show, trained animal act or other similar traveling or temporary animal display or act shall be allowed so long as the operator of the show has procured a permit from the supervisor of animal control.
(b) Permit.
(1) Required; application. All operators of animal shows must procure a permit from the supervisor of animal control. This permit is a prerequisite to the issuance of an occupational license, if applicable, for such operator. A permit must be obtained for each show except that only one permit is required if the supervisor determines that the same show is being displayed on consecutive dates. Permit application forms shall be provided by the supervisor.
(2) Prerequisites for issuance. A permit shall not be issued unless:
a. The applicant provides the complete information requested on the application form, including but not limited to the names of the owner and applicant, the type of show proposed, previous business of the applicant of the same or similar nature operated, background, qualifications and experience of the applicant or operator, and any other information required for the supervisor to make an objective judgment as to whether the applicant is qualified to operate the show in a safe and humane manner.
b. The applicant provides proof that the location where the show will be held meets zoning, building and fire code requirements.
c. The applicant will specify the restraints to be used to prevent public contact with any dangerous or prohibited animal.
d. Each applicant for an animal show permit shall pay the permit fee specified in section 14-52 at the time of application.
(3) Inspections. Prior to authorizing a permit, the supervisor will inspect the proposed show location to examine its suitability for the intended use. The location shall also be inspected to determine whether appropriate restraints will be used during the show.
(4) Denial or revocation; appeals. It shall be grounds for permit revocation or denial for an owner, proprietor, manager, or employee to fail to meet the standards set forth in this chapter, to falsify information requested in the application, or to refuse or deny access to any animal control officer for the purposes of inspection or complaint investigation with reference to granting, suspending or revoking an animal show permit. The supervisor of animal control shall make any denial, suspension or revocation of a permit in writing to the applicant or permit holder, stating the reasons for such action. The applicant or permit holder shall have ten days after receipt of such denial, suspension or revocation in which he may appeal from such denial, suspension or revocation to the director of neighborhood and community services, and the director, or the director's assistant if designated, shall conduct a hearing and make findings in such fashion that the result of such hearing may be appealed on the record to the circuit court.
(Ord. No. 951372, § 1, 11-9-95; Ord. No. 020731, § 1, 7-18-02)
Editor's note: Ord. No. 951372, § 1, adopted Nov. 9, 1995, added provisions designated as § 14-46, which section had been previously codified and pertained to penalties. Penalty provisions have been recodified as § 14-51.
Sec. 14-47. Identification of guard dogs; restraint of guard dogs in transit.
(a) In addition to all other requirements of this chapter, each sentry or guard dog as defined at section 14-29(c) shall, at all times while being used as a sentry or guard dog, wear a collar bearing a bright red two-inch-diameter disc to warn the public. The supervisor of animal control shall sell such discs for the amount specified in section 14-52 each, or the owner or keeper of each such dog may supply and use a disc of similar appearance subject to such disc being determined to be similar in appearance and durability by the supervisor of animal control.
(b) Sentry or guard dogs as defined at section 14-29(c) shall be effectively restrained to prevent escape when in transit and while being loaded and unloaded at the premises guarded.
(c) Failure to comply with either subsection (a) or subsection (b) of this section is a violation of this chapter.
(Code of Gen. Ords. 1967, § 6.45; Ord. No. 53297, 10-22-81; Ord. No. 65201, 3-1-90; Ord. No. 020731, § 1, 7-18-02)
Cross references: Dangerous dogs, § 14-29.
Sec. 14-48. Rescue of animals left in vehicle under dangerous weather conditions.
Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the supervisor of animal control, such is a violation of this section. The supervisor of animal control is hereby authorized, with assistance from the police, which is hereby authorized, to enter such vehicle and rescue such animal and thereafter impound it in accordance with section 14-34. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this section and impounded in accordance with section 14-34 at the municipal animal shelter.
(Code of Gen. Ords. 1967, § 6.46; Ord. No. 53297, 10-22-81; Ord. No. 65201, 3-1-90)
Sec. 14-49. Determination of penalty for permitting dog to run at large.
In determining the applicable penalty under section 14-51(b) for a violation of section 14-33, pertaining to dogs running at large, any record of conviction for violation of section 14-33, which violation occurred more than three years before the date of the current offense, shall be disregarded in determining the applicable penalty for the current offense.
(Code of Gen. Ords. 1967, § 6.47; Ord. No. 54805, 2-25-83; Ord. No. 960045, § 1, 2-1-96)
Cross references: Penalties generally, § 14-51.
Sec. 14-50. Giving false or misleading information.
(a) Giving false or misleading information with respect to information required by any section of this chapter is a violation of the chapter and punishable by a fine of $100.00.
(b) No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an animal control officer or official in the performance of his or her duties under this chapter. Violation of this subsection is punishable by a fine of not less than $100.00.
(Code of Gen. Ords. 1967, § 6.48; Ord. No. 65201, 3-1-90; Ord. No. 031281, § 1, 12-18-03)
Sec. 14-51. Penalties generally.
(a) Any person violating any provision of this chapter shall be deemed guilty of an ordinance violation, and upon conviction of any such violation shall, unless another specific penalty or specific penalty range be provided by another subsection of this section, be punished by a fine of not less than $75.00 and not more than $500.00, or by imprisonment in the municipal correctional institution for a term not to exceed 180 days, or by both such fine and imprisonment.
(b) Any person violating any of the following sections of this chapter:
(1) Section 14-20, pertaining to license requirements for dogs, cats and ferrets;
(2) Section 14-27, pertaining to wearing of license or identification tags; or
(3) Section 14-33, pertaining to dogs running at large;
(4) Section 14-53(f), pertaining to intentional failure to distribute licensing requirement information;
shall, upon conviction, and after the court, subsequent to such conviction, has examined any prior conviction record to determine if the person has previously been convicted of the same offense within the previous three years, be sentenced by the court according to the following schedule of fines with reference to initial or subsequent violation of the particular section within the three-year period:
First offense . . . $ 75.00
Second offense . . . 150.00
Third offense . . . 300.00
Fourth or any subsequent offense . . . 500.00
(c) Any person violating any of the following sections of this chapter:
(1) Section 14-9, pertaining to dangerous and prohibited animals;
(2) Section 14-11, pertaining to abandonment;
(3) Section 14-16, pertaining to cruelty to animals;
(4) Section 14-17, pertaining to injuring and capturing animals;
(5) Section 14-28, pertaining to limitation on number of dogs and cats;
(6) Section 14-29, pertaining to potentially dangerous dogs and dangerous dogs;
(7) Section 14-31, pertaining to animals putting persons in fear or being maintained as public nuisances;
(8) Section 14-39, pertaining to commercial animal establishment standards;
(9) Section 14-41, pertaining to human exposure to zoonotic diseases by animals; or
(10) Section 14-42, pertaining to dog, cat and ferret bites resulting in human exposure to rabies;
shall, upon conviction, be punished by a fine of not less than $250.00 and not more than $500.00, or by imprisonment in the municipal correctional institution for a term not to exceed 180 days, or by both such fine and imprisonment.
(d) Each day's violation of, or failure, refusal or neglect to comply with, any provision of this chapter shall constitute a separate and distinct offense.
(Ord. No. 960045, § 1, 2-1-96; Ord. No. 010616, § 1, 5-10-01; Ord. No. 020731, § 1, 7-18-02; Ord. No. 031281, § 1, 12-18-03; Ord. No. 040209, § 1, 5-6-04)
Sec. 14-52. Schedule of user fees.
The schedule of user fees authorized by this chapter is as follows:
(1) Pet licenses:
a. Spayed or neutered pet (if written proof that the animal has been spayed or neutered is supplied by the applicant) . . . $ 7.00
b. If not spayed or neutered . . . 30.00
c. Late registration fee . . . 25.00
d. Replacement tags . . . 5.00
e. Guard dog tags . . . 5.00
f. Potentially dangerous dog . . . 100.00
Annual renewal . . . 50.00
g. Dangerous dog . . . 250.00
Annual renewal . . . 50.00
(2) Permits:
a. Animal show permit . . . 100.00
b. Domestic animal avocation permit . . . 100.00
1. Delinquent roster . . . 10.00
2. Tag for each animal on roster . . . 5.00
c. Commercial animal establishment . . . 100.00
d. Domestic animal rescue kennel and rescue cattery permit . . . 100.00
(3) Shelter fees:
a. Impound fee . . . 25.00
b. Daily charge, small animal . . . 10.00
c. Daily charge, livestock, large animal . . . 25.00
d. Rabies vaccination . . . 10.00
e. Impound fee for potentially dangerous dog or dangerous dog . . . 50.00
f. Daily charge for potentially dangerous dog or dangerous dog . . . 20.00
(4) Dead animal disposal:
a. Picked up at site . . . 25.00
b. Received at animal shelter . . . 15.00
c. Large animal . . . cost
of removal
(5) Adoption fees:
a. Dogs . . . 80.00
b. Cats . . . 65.00
(6) The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs involved. If costs fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.
(7) All fees imposed by this section are owed the city when due and may be recovered by the city as any other debt is recoverable.
(Ord. No. 020731, § 2, 7-18-02; Ord. No. 031281, § 1, 12-18-03; Ord. No. 040585, § 1, 6-10-04)
Sec. 14-53. Issuance of pet license tags by persons, corporations and veterinarians.
(a) The director of neighborhood and community services may authorize, pursuant to application in a form and manner approved by the director, the issuance of pet license tags and the collection of user fees owed the city for licensure, by persons, corporations and veterinarians. Persons, corporations and veterinarians may be authorized to issue tags and collect fees pursuant to this section regardless of whether they are located inside or outside the territorial jurisdiction of the city.
(b) Authority to issue pet license tags under this section is limited only to such tags for which a user fee is collectible pursuant to section 14-52(a)(1) and (2) of this chapter.
(c) Any person, corporation or veterinarian issuing a pet license tag pursuant to this section shall collect the user fee specified in section 14-52 of this chapter and, in addition to the user fee, shall also collect a two dollar ($2.00) handling fee to recover the cost incurred by the person, corporation or veterinarian in issuing the tag. No monies in excess of the user fee and handling fee shall be collected for issuing a pet license tag.
(d) All user fees collected pursuant to this section shall be forwarded to the director of finance in a form and manner approved by such director.
(e) Persons, corporations and veterinarians issuing pet license tags pursuant to this section shall keep records of all license tag transactions and such records shall be made available upon request to the director of neighborhood and community services or the city auditor or the designee of the director or auditor.
(f) All veterinarians doing business in the city, regardless of whether they are authorized to issue pet license tags pursuant to this section, shall provide to each person obtaining a rabies vaccination such information regarding pet licensing requirements, fees, and methods of registration as may be provided to said veterinarians by the director of neighborhood and community services or his/her designee. Intentional failure to do so shall constitute a violation of this chapter and shall subject the violator to the penalties set forth in section 14-51(b).
(g) The director of neighborhood and community services shall promulgate rules and regulations necessary to carry out the provisions of this section.
(Ord. No. 020731, § 2, 7-18-02; Ord. No. 040209, § 1, 5-6-04)
Springfield, Missouri
Code City of Springfield Missouri
Chapter 18 ANIMALS*
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*Editor's note: G.O. No. 5270, Exhibit C, adopted May 19, 2003, contains a schedule of fees and charges for various departments of the city. A complete copy of said schedule is adopted by reference and available at the office of the city clerk for inspection by the public.
Cross references: Pets at airport, § 22-77; health and sanitation, ch. 58; animals prohibited in rooms where meat or meat products are handled, stored or sold, § 58-91; interfering with or injuring police dog, § 78-33.
State law references: Bull breeding and cockfighting prohibited, RSMo 563.660.
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Article I. In General
Sec. 18-1. Definitions.
Sec. 18-2. Minimum fine for certain violations; termination of property rights in animal.
Sec. 18-3. Impoundment fees.
Sec. 18-4. Impoundment and disposition of stray cats.
Sec. 18-5. Limitation on number of cats or dogs kept as pets.
Sec. 18-6. Location of dog pens in relation to other properties.
Sec. 18-7. Dogs or cats causing nuisances; vicious dogs.
Sec. 18-8. Placing poison so as to constitute hazard to humans or animals.
Sec. 18-9. Cruelty to animals.
Sec. 18-10. Search and seizure warrants.
Sec. 18-11. Use of metal traps.
Sec. 18-12. Sale of baby chicks, baby rabbits or ducklings at Easter.
Sec. 18-13. Possession, display or sale of dangerous snakes or reptiles.
Sec. 18-14. Keeping of livestock generally--Cattle, horses, sheep and goats.
Sec. 18-15. Same--Keeping of swine.
Sec. 18-16. Keeping of livestock in districts zoned for agricultural uses.
Sec. 18-17. Purchase or sale of livestock on streets.
Sec. 18-18. Parking of vehicles used for transporting livestock or poultry.
Sec. 18-19. Disposition of manure from stables.
Sec. 18-20. Cleaning of stable floors.
Sec. 18-21. Yards surrounding stables.
Sec. 18-22. Depositing manure; transport of manure.
Sec. 18-23. Fowl running at large.
Sec. 18-24. Keeping of fowl.
Sec. 18-25. Offensive or noxious odors from keeping of animals or fowl.
Sec. 18-26. Livestock running at large.
Sec. 18-27. Emergency impoundment of animals.
Secs. 18-28--18-50. Reserved.
Article II. Dogs, Cats and Ferrets
Division 1. Generally
Sec. 18-51. Vaccination.
Sec. 18-52. Tags.
Sec. 18-53. Running at large prohibited; minimum fine.
Sec. 18-54. Impoundment of dogs running at large.
Sec. 18-55. Holding and disposition of impounded dogs.
Sec. 18-56. Release of impounded dogs, cats or ferrets that have not been vaccinated and registered.
Sec. 18-57. Refusal to deliver dog, cat or ferret to animal control officer.
Sec. 18-58. Exemption for police dogs.
Secs. 18-59--18-80. Reserved.
Division 2. Dangerous Dogs
Sec. 18-81. Definitions.
Sec. 18-82. Penalty.
Sec. 18-83. Enforcement; search and seizure warrants.
Sec. 18-84. Construction of division.
Sec. 18-85. Exemptions.
Sec. 18-86. Applicability of other animal control regulations.
Sec. 18-87. Sale, purchase or breeding prohibited; keeping or sale of dogs used for dogfighting.
Sec. 18-88. Possession of equipment used in training for dogfighting.
Sec. 18-89. Determination that dog is dangerous.
Sec. 18-90. Sanctions and orders after dog has been determined dangerous.
Sec. 18-91. Liability for injury or damage caused by dog owned by minor.
Sec. 18-92. Seizure and impoundment.
Sec. 18-93. Excused behavior.
Sec. 18-94. Authority to prescribe additional regulations.
Secs. 18-95--18-120. Reserved.
Article III. Rabies Control
Sec. 18-121. Procedure when person bitten or scratched by animal.
Sec. 18-122. Pursuit and impoundment of animals suspected of having bitten or scratched a person.
Sec. 18-123. Impoundment of suspected rabid animals.
Sec. 18-124. Animals exposed to rabies.
Sec. 18-125. General quarantine of animals.
Sec. 18-126. Report of rabies cases by veterinarians.
Sec. 18-127. Animals exhibiting symptoms of diseases other than rabies.
Sec. 18-128. Right of entry of director of public health and welfare.
Sec. 18-129. Exemption for police dogs.
Chapters 19--21
RESERVED
ARTICLE I. IN GENERAL
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal shall include livestock, creatures, fowl, dogs, cats or ferrets except fowl shall not apply to the term "animal" as used in sections 18-121 and 18-122 or when dealing with rabies issues.
Animal control authority means the animal control section of the environmental services division of the department of public health and welfare of the city or the director of public health and welfare of the city.
Animal control officer means any person employed by the animal control authority to enforce this chapter.
Approved vaccine means all vaccines licensed by the United States Department of Agriculture.
At large shall mean:
(a) To be freely roaming on the private property of another without the consent of the owner or person in control of the property or to be freely roaming on any public property, street or highway without consent of the public entity in control of the property, street or highway.
(b) Every dog, when on any street, alley, park, school ground or other public place in the city, which is not attached to a leash, the other end of which is securely held by a person, or every dog, when on private property within the city, which is either not attached to a leash the other end of which is securely held by a person and the leash is of sufficient length and the conditions are such that the dog cannot leave the premises, or which is not so confined by a fence or other device so as to prevent its straying from the premises, shall be deemed running at large.
Compendium means the most recent version of the Compendium of Animal Rabies Control established by the National Association of State Public Health Veterinarians, Inc., adopted by the Director of Public Health and Welfare and filed with the City Clerk.
Creature means a domesticated animal used as a household pet such as a hamster, gerbil or similar animal.
Dog means any member of the canine family.
Domesticated means trained or adapted for use in a human environment.
Euthanize means to put to death in a humane manner.
Exposed to rabies means when bitten by, or fought with, or has come in close contact with an animal showing symptoms of rabies.
Fowl means domesticated chickens, guineas, geese, ducks, turkeys or other domesticated bird.
Impound means to apprehend, catch, trap, net or, if necessary, kill any animal by the animal control authority or its agent.
Impounding facilities means any premises designated by the city for the purpose of impounding and caring for all animals found in violation of this chapter.
Kennel operator means the owner of four (4) or more dogs at least four (4) months of age, whether owned for pleasure or profit, breeding or exhibiting.
Livestock means domestic animals, such as swine, horses, mules, asses, sheep, goats or cattle. When these terms are used herein it shall include any related member of the species whether specifically mentioned or not.
Owner means any person owning, keeping or harboring a dog.
Poultry means domestic fowl such as chickens, turkeys, guineas, ducks or geese.
"Rabies policy and procedure manual" shall mean the "compendium" unless otherwise stated.
Registration and vaccination mean the procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate. These words shall be interchangeable.
Tag means any object which bears a registration number and the words "registered and vaccinated for rabies," in the shape and color recognized by the National Association of State Public Health Veterinarians which has been issued by a veterinarian.
Veterinarian means any veterinarian holding a current state license.
(Code 1981, § 5-1; G.O. No. 5180, § 1, 5-6-2002)
Cross references: Definitions generally, § 1-2.
Sec. 18-2. Minimum fine for certain violations; termination of property rights in animal.
Any person who has violated provisions of this chapter more than three times in an 18-month period shall be fined a minimum of $200.00 for the fourth offense and $400.00 for the fifth offense and each offense thereafter occurring during an 18-month period. Any person who has been found guilty of more than three offenses during an 18-month period shall be required as a condition of releasing any animal impounded by the city to post a bond with the court equal to the minimum penalty for the offense as established by this section, which bond shall be subject to forfeiture to the city if the person is found guilty of a violation of this chapter. In addition to the fine, such person shall pay for all costs of keeping the animal. All such animals shall be disposed of by the city in accordance with the procedures set forth in section 18-55 if the person charged fails to pay the minimum fine assessed by the court plus the costs of keeping the animal as set forth in this chapter. It is hereby found and declared that any animal involved in a violation of provisions of this chapter which is owned, kept or in the custody or control of a person who has been found guilty of three or more offenses is a public nuisance and that the judgment of the court shall include a finding terminating all property rights in the animal if the judgment is not paid. In addition to the minimum fine set forth in this section, the court may, in its discretion, terminate the property rights in an animal involved in a violation of this chapter if the person who owns, keeps or has custody or control of the animal has been found guilty of more than three violations of this chapter in an 18-month period, and upon such a finding the city shall dispose of the animal in accordance with the procedures set forth in section 18-55. The court shall have the power to issue search warrants for the purpose of seizing any animal that has been declared a public nuisance pursuant to this section. Whenever a person has been found guilty of three or more offenses andis charged with an additional offense in an 18-month period involving a violation of provisions of this chapter, the court shall expedite the case and hear the case before all other cases involving a violation of the municipal ordinances of the city.
(Code 1981, § 5-19.9)
Sec. 18-3. Impoundment fees.
Fees for the impoundment of animals shall be as established by ordinance from time to time.
(Code 1981, § 5-19.7)
Editor's note: G.O. No. 5270, Exhibit C, adopted May 19, 2003, contains a schedule of fees and charges for various departments of the city. A complete copy of said schedule is adopted by reference and available at the office of the city clerk for inspection by the public.
Sec. 18-4. Impoundment and disposition of stray cats.
Any owner or person who knows a cat is a stray animal may, upon written and signed request, have the animal control officer take up and impound such animal and dispose of the animal in the manner described in section 18-55. Such stray cats shall be kept and released in accordance with the standards set forth in section 18-55 and may be disposed of only after the animal has been held 72 hours.
(Code 1981, § 5-2)
Sec. 18-5. Limitation on number of cats or dogs kept as pets.
(a) Cats. No person shall at any time keep, harbor or own as pets more than four cats over the age of six months.
(b) Dogs. It shall be unlawful for a family living in a dwelling to keep, maintain, harbor or own more than four dogs over the age of six months on or about the lot, unless a license has been issued by the city to operate a kennel. Any family that has more than four dogs per dwelling at the time of the enactment of the ordinance from which this subsection is derived May 7, 1979 may continue to keep the same dogs provided such persons register with the finance department of the city in accordance with procedures to be established by the finance director within six months after the passage of such ordinance upon payment of a $5.00 registration fee; provided, however, in no event shall such person add to or replace such dogs, and that in no event shall the right to keep more than four dogs under the provisions of this subsection be for more than five years unless otherwise extended by the city council. Definitions for words used in this section are as defined in the zoning ordinance.
(Code 1981, § 5-3)
Sec. 18-6. Location of dog pens in relation to other properties.
(a) No person shall keep a dog in any pen on property owned or controlled by him, the exterior boundary of which pen is closer than 25 feet at the nearest point to the dwelling of another, a church, a school or a place of business of another; nor shall any person keep a dog within 25 feet of the dwelling of another, a church, a school or a place of business of another.
(b) For purposes of this section, the word "pen" shall not include completely or substantially enclosed rear or front yards.
(Code 1981, § 5-3.1)
Sec. 18-7. Dogs or cats causing nuisances; vicious dogs.
(a) No person shall keep any dog or cat which, by frequent howling, barking, baying or yelping, shall disturb the peace of the neighborhood, nor shall any dog of a vicious nature or disposition be allowed to attack any person or animal or cause annoyance to the neighborhood or persons using the public streets, or chase, worry or molest livestock, other dogs or children, or cause any damage or injury. Any dog exhibiting such tendency shall be confined on chains, tethers or leashes of such length that the dog cannot get off the premises of the owner, or such dog shall be securely confined upon the premises within a pen or other enclosure. Notice of the presence of such dog shall be clearly posted upon the premises where it shall be confined.
(b) Following the filing of charges under this section, upon the affidavit of the director of public health and welfare or of the supervisor of animal control that the dog is a vicious dog and upon the motion of the prosecutor, the judge of the municipal court may order any of the following: that the dog be seized and impounded, that the dog be impounded past the ten-day rabies observation period, or that the dog be impounded during the pendency of charges and not be released while the charges are pending without order of the municipal judge. If the owner requests in writing a hearing regarding the impoundment of the dog, such hearing shall be granted and held in accordance with the procedures set forth in article X of the land development code.
(c) If upon violation and conviction of the provisions of this section relating to vicious dogs it shall appear to the judge of the municipal court that it is necessary for the public safety and welfare that the dog concerned be euthanized, the judge shall so order and the animal control officer shall execute the order of the court. The expense of the impoundment beyond the initial ten-day period set forth in section 18-123 may be charged to the owner, in the discretion of the judge.
(Code 1981, § 5-4)
Sec. 18-8. Placing poison so as to constitute hazard to humans or animals.
No person shall feed or place so as to constitute a direct or obvious hazard to man or animal or shall offer or tempt any dog or pet animal with any liquid, meat or food product which shall:
(1) Cause prostration, convulsion, pain or suffering as a prelude to death;
(2) Cause death; or
(3) Be proven to be toxic or lethal in the amount present to any man or domestic animal by competent medical or veterinary authority.
(Code 1981, § 5-5)
Sec. 18-9. Cruelty to animals.
(a) No person shall be cruel or inhumane to any dog or cat by beating, torturing, kicking or other physical abuse.
(b) No person shall torture, torment, wound, maim, mutilate or cruelly beat, cruelly overwork, cruelly drive or work when unfit for labor, cruelly kill or cruelly abandon to die any domestic animal; provided that nothing contained in this subsection shall be construed to prohibit or interfere with any scientific experiment or investigation.
(c) No person shall impound or confine, or cause to be impounded or confined, in any pound or other place, any animal or creature, and fail to supply the animal or creature during such confinement with sufficient food and water, or shall unnecessarily fail to provide the animal or creature with proper food, drink, shelter or protection from the weather, or shall carry or cause the animal or creature to be carried or moved on any vehicle or otherwise in an unnecessarily cruel or inhumane manner.
(d) Any person found guilty of a violation prescribed in this section shall, upon conviction thereof, be punished as provided by section 1-7, and each and every instance of violation shall be a separate offense.
(Code 1981, § 5-6)
State law references: Animal abuse, RSMo 578.012.
Sec. 18-10. Search and seizure warrants.
(a) The judge of the municipal court, upon application of the city attorney or assistant city attorney and upon a showing that there is probable cause to believe that a violation of section 18-7 or 18-9 exists, and that there is probable cause to believe that evidence of such violation may be found at a specified location, may issue a search and seizure warrant, which shall be served only by an official of the department of public health and welfare in the company of a uniformed officer of the city police department. The warrant shall specify that only animals, domesticated or wild, and other living creatures may be seized and shall specify the location of any animals to be seized.
(b) The judge of the municipal court shall upon issuance of a search and seizure warrant under this section order the department of public health and welfare to:
(1) Use reasonable care to care for and maintain the animals seized pursuant to the authority granted by this section free of charge to their owner for a period of two weeks or upon a disposition of any municipal court proceedings filed under section 18-9, whichever is sooner;
(2) Return to the municipal court for further instructions concerning the disposition of any animals seized pursuant to the authority granted by this section if the animals have not been returned to their rightful owner at the end of two weeks; and
(3) Seek the permission of the municipal court before killing or giving up for adoption any animals seized pursuant to the authority granted by this section.
(c) Upon an owner's being found guilty of a violation of section 18-9, the municipal court shall require that the owner pay a reclamation fee of such amount as established by ordinance from time to time, plus any other license fees or immunization costs imposed under this chapter. Failure or refusal to pay such fees shall constitute abandonment of any ownership rights to the seized animal, and the judge shall immediately order the animal's disposal.
(d) The judge of the municipal court, in exercising authority granted in this section relative to the disposition of impounded animals, shall authorize the disposal of all animals pursuant to section 18-26(d); however, in exercising such authority, the municipal judge may authorize the disposal of dogs and cats pursuant to section 18-55.
(Code 1981, § 5-6.1)
Sec. 18-11. Use of metal traps.
(a) The use of metal traps is hereby prohibited inside the city, unless such traps are used in accordance with the provisions of this section.
(b) For the purpose of this section, the term "metal trap" is defined as a metal clamping device which is made of metal generally used for the purpose of trapping animals, which device has metal jaws which close upon the animal so as to trap the animal between the jaws of the trap.
(c) Metal traps as defined in this section are permitted only under the following circumstances:
(1) Metal traps may be used in enclosed areas or fenced areas where the location of the trap is such that no danger is presented to small children or pet animals.
(2) Metal traps may be used by licensed pest control operators when such operators are using traps in conjunction with their work.
(3) The use of metal traps shall be permitted by the city, the state and the United States government when used in conjunction with public health control activities.
(4) Metal traps may be used by citizens if they secure a permit for the use of such traps from the department of public health and welfare of the city. Such permit shall be issued for a limited time upon a showing that the applicant requesting the use of the metal trap is going to use the trap for the purpose of trapping pests, rodents or other types of animals that are a nuisance or health problem and that the trap will be used under conditions so as to not endanger small children or pet animals. The department of public health and welfare may condition the issuance of the permit upon the applicant meeting other requirements designed to protect the public health or safety.
(Code 1981, § 5-6.2)
Sec. 18-12. Sale of baby chicks, baby rabbits or ducklings at Easter.
(a) Prohibited. It shall be unlawful for any person to knowingly sell, offer for sale, barter or give away baby chicks, baby rabbits or ducklings, whether or not dyed, colored or otherwise artificially treated, for the purpose of being used or treated as pets or novelties, during the period beginning three weeks before Easter Sunday and ending one week after Easter Sunday.
(b) Exception. This section shall not be construed to prohibit the display or sale of natural chicks, rabbits or ducklings in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for commercial purposes or domestic purposes.
(Code 1981, § 5-7)
Sec. 18-13. Possession, display or sale of dangerous snakes or reptiles.
(a) Prohibited. It shall be unlawful for any person to keep, possess, display or offer for sale any dangerous or deadly snake or any dangerous or deadly reptile within the city.
(b) Exception. This section shall not apply to common carriers transporting snakes or reptiles for hire in the usual course of their business, or to any authorized zoo keeping and possessing them for exhibition purposes. An authorized zoo, for the purposes of this section, shall only be such zoos as are owned and maintained by the city or any department of any state or federal government or by a nonprofit organization which makes no charge for admission to such zoo, either directly or indirectly.
(Code 1981, § 5-8)
Sec. 18-14. Keeping of livestock generally--Cattle, horses, sheep and goats.
(a) Distance from dwellings and other structures. No person shall keep a cow, bull, mule, jack, horse, goat or sheep in an outdoor enclosure or pasture, the exterior boundary of which is within 100 feet of the dwelling house of another, a church, a school or a place of business of another.
(b) Limitation on number kept. No person shall keep more than one cow, bull, jack, horse, goat or sheep or any combination of such animals in an outdoor enclosure or pasture unless such enclosure or pasture shall have an area of 21,780 square feet for each of such animals; provided that this area requirement shall not apply to the keeping of suckling offspring of a cow or mare.
(c) Animals prohibited on street or sidewalk. No person shall pasture cattle, mules, jacks, horses, goats or sheep in such manner as to permit them to get upon a sidewalk or in a street.
(Code 1981, § 5-9)
Sec. 18-15. Same--Keeping of swine.
(a) Restricted. No person shall keep or permit the keeping of hogs, swine or pigs on premises owned or controlled by him within the city, except as otherwise provided in this section.
(b) Keeping permitted in areas of city annexed November 8, 1955. In all areas which became part of the city on November 8, 1955, under an amendment to the Charter adopted March 17, 1953, persons having at least five contiguous acres may keep hogs, swine or pigs; provided that such persons were keeping hogs, swine or pigs on November 8, 1955. No hogs, swine or pigs shall be kept by any such person to a greater number than one per each one-half acre of land owned or controlled by such person. Any hogs so kept shall be allowed the freedom of the whole tract of land, and no person shall keep any hogs, swine or pigs in a common pen or sty. No hogs, swine or pigs shall be kept within 300 feet of any inhabited dwelling, house, school, church or business.
(c) Termination of right to keep. Any person who shall keep hogs, swine or pigs under the terms of this section and shall, at any time in the future, cease keeping the hogs, swine or pigs, shall thereupon lose the right to keep hogs, swine or pigs within the city.
(d) Exceptions. The provisions of this section shall not apply to any lawfully operated stockyard or slaughterhouse.
(Code 1981, § 5-10)
Sec. 18-16. Keeping of livestock in districts zoned for agricultural uses.
Notwithstanding any other section of this Code to the contrary, hogs, swine, pigs or livestock may be kept on a farm in any zone in which agricultural uses are allowed pursuant to the city zoning ordinance of ten acres or more; provided, however, that hogs, swine, pigs or livestock shall be kept at least 300 feet from any inhabited nonfarm dwelling, school, church, or property zoned for single-family dwelling purposes, two-family dwelling purposes or multifamily dwelling purposes. The provisions of section 18-14 pertaining to minimum area required for the keeping of livestock shall not apply to any zone in which agricultural uses are allowed pursuant to the city zoning ordinance, provided the farm is ten acres or more.
(Code 1981, § 5-10.5)
Sec. 18-17. Purchase or sale of livestock on streets.
No person shall buy, offer to buy or solicit the sale of any cattle, sheep, swine or other livestock of any description upon any of the streets, street rights-of-way or sidewalks within the city.
(Code 1981, § 5-11)
Cross references: Streets, sidewalks and public places, ch. 98.
Sec. 18-18. Parking of vehicles used for transporting livestock or poultry.
No person shall park or leave standing on any alley, street or public place any vehicle used for the purpose of transporting or moving livestock or poultry while such vehicle is being used to transport or move livestock or poultry, and no person shall park or leave standing on any alley, street or public place any vehicle which has been used for the purpose of transporting or moving livestock or poultry which shall contain any manure, droppings or waste matter.
(Code 1981, § 5-12)
Cross references: Traffic and vehicles, ch. 106.
Sec. 18-19. Disposition of manure from stables.
Every stable, shed or other building where a horse, cow or other animal is kept shall have, either within or immediately adjoining it, a flyproof, covered, watertight box, bin or other receptacle for receiving and holding manure and litter accumulating between the times of removal from the premises. Such receptacle shall be kept tightly closed at all times, except when being filled or emptied. Such receptacle shall be completely emptied whenever filled, such emptying to take place at least once each week from April 1 to November 1. Such receptacle shall be cleaned and disinfected with a solution of lime or other disinfectant whenever so ordered by the department of public health and welfare.
(Code 1981, § 5-13)
Sec. 18-20. Cleaning of stable floors.
The floors of the buildings described in section 18-19 shall be cleaned daily and all manure and litter removed and deposited in the receptacle required by such section. Such floors shall be disinfected with a solution of lime or other disinfectant whenever so ordered by the department of public health and welfare.
(Code 1981, § 5-14)
Sec. 18-21. Yards surrounding stables.
All yards surrounding stables or buildings where animals are housed shall be kept well drained and free from standing water and filth.
(Code 1981, § 5-15)
Sec. 18-22. Depositing manure; transport of manure.
No manure shall be thrown or deposited in any alley, street or public place or on any vacant lot; provided that the scattering of manure on lawns or gardens for fertilizing purposes shall be permitted if such scattering is not of such a nature as to be a nuisance to the surrounding neighborhood. No manure shall be transported over the streets in such a manner as to permit it to drop out on such streets and no vehicle hauling manure shall stand on any street, except for the purpose of loading or unloading.
(Code 1981, § 5-16)
Sec. 18-23. Fowl running at large.
No person owning any chickens, guineas, geese, ducks, turkeys or other domestic fowl shall allow or permit the fowl to run at large, except on premises owned or controlled by such person.
(Code 1981, § 5-17)
Sec. 18-24. Keeping of fowl.
(a) No person shall keep chickens or other domestic fowl in any pen having an area of less than 144 square feet or the exterior boundary of which is less than 50 feet at the nearest point from the dwelling of another, a church, a school or a place of business of another. If more than 12 chickens or other fowl are kept in a pen, the pen shall have an area equal to 12 square feet for each chicken or other fowl kept in such pen.
(b) No person shall keep 25 or more chickens, chicks or other domestic fowl in a battery located in a building or structure unless the battery is located more than 50 feet at the nearest point from any dwelling of another, church, school or place of business of another. Not more than 24 chickens, chicks or other domestic fowl may be kept in a battery located inside a building or structure if the battery is more than 25 feet from the dwelling of another, a church, a school or a place of business of another. This subsection shall not apply to any lawfully operated hatchery.
(c) All batteries shall be constructed in such manner as to prevent droppings from falling on the ground or floor.
(Code 1981, § 5-18)
Sec. 18-25. Offensive or noxious odors from keeping of animals or fowl.
No person shall keep or allow or permit to be kept on any premises occupied by him, or under his charge or control, any animal or fowl in a pen or other enclosure under such conditions that an offensive or noxious smell or odor shall arise therefrom, to the injury, annoyance or inconvenience of any inhabitant of the neighborhood.
(Code 1981, § 5-19)
Sec. 18-26. Livestock running at large.
(a) Prohibited. It shall be unlawful for any person to permit, suffer or allow any swine, horses, mules, asses, sheep, goats or cattle to run at large within the city, or to herd or pasture such animals in or upon any street, park or other public grounds of the city. No person shall keep any such animals, or herd such animals, on any unenclosed land within the city unless securely tied or tethered so that the animals may not freely run at large therefrom upon the public lands or the lands of others.
(b) Impoundment authorized. Whenever any member of the police department shall be notified of or discover any animal running at large or pastured or kept in violation of the provisions of subsection (a) of this section, such officer shall cause such animal to be taken up and impounded, to be kept, returned or disposed of as provided in this section.
(c) Procedure for impoundment; impounding facilities. Any animal impounded under the provisions of subsection (b) of this section shall be kept in facilities provided therefor by the city, if such facilities shall be in existence; and unless or until there shall be such facilities, the purchasing agent is hereby authorized to enter into a contract on behalf of the city from time to time, after ample opportunity is given for competitive bidding, for the taking up and for the care and keeping of such impounded animals. If there shall be no such city facilities, all impounded animals shall be kept in the facilities provided under such contract or agreement, and the person providing such facilities shall be deemed the agent of the city for such purposes.
(d) Release or sale of impounded animals.
(1) When any animal shall be impounded as provided in this section, it shall be the duty of the department of public health and welfare, or other person in charge of such animal, to release the animal to the owner thereof upon payment to the city of all costs which it incurs as a result of providing care for such animals.
(2) The city will periodically contract with private individuals for the care and custody of horses, mules, asses, cows, hogs, swine, sheep, goats or other animals which it does not have the facilities to keep, by periodically taking bids and placing animals with the lowest responsible bidder. If the owner of an animal seeks to have the animal released, he shall be required to pay to the city a sum of money equivalent to the charges that the city has paid for the care and custody of the animal pursuant to its agreement with the successful bidder.
(3) The party claiming any such animal shall make satisfactory proof that he is entitled to the possession of the animal. If any such animal shall remain in the impounding facilities for five days without having been claimed, the purchasing agent shall cause the sale of the animal to the person making the best offer therefor after ample opportunity for bidding has been given. The purchasing agent shall keep a record of all bids received for all animals, showing the date of the sale thereof and the name of the person purchasing any such animal.
(e) Turning animal loose for purpose of causing impoundment. It shall be unlawful for any person to turn or cause to be turned loose any animal for the purpose of causing the animal to be impounded.
(f) Payment of proceeds of sale to owner of animal. If any animal shall have been sold under the provisions of subsection (d) of this section and the owner shall thereafter appear and make satisfactory proof of such fact within a period of one year from the date of sale, then the city shall return to the owner the difference between the cost to the city for the taking up, care and keeping of such animal and the cost of advertisement and any other costs directly related to the sale of such animal, and the price paid for the animal.
(Code 1981, §§ 5-19.1--5-19.6)
Sec. 18-27. Emergency impoundment of animals.
(1) Animals may be impounded during an investigation for possible violations of RSMo 578.012, or Code Section 18-9, for failure to provide adequate care to animals. When an animal is discovered in plain view in a vehicle and the ambient temperature has reached ninety degrees Fahrenheit (90°F) or if an official heat alert has been declared, City employees shall follow the following steps to assure the health, safety and well-being of the animal:
(a) If the animal is showing only slight signs of heat stress or discomfort and no person in charge of the animal is readily apparent, and if the animal's health, safety and well-being will not be jeopardized, an attempt should be made to obtain a search warrant from a Municipal Judge prior to removing the animal from the vehicle.
(b) If the animal is exhibiting moderate signs of heat stress, such as heavy panting and clearly visible discomfort, if not already present, a Springfield Police Officer should be requested to respond to the location. Under these circumstances, if the vehicle is unlocked, the animal may be removed before arrival of the police officer.
(c) If the animal appears to be severely stressed such as comatose, near comatose, vomiting or salivating excessively, all reasonable means may be employed to gain access to the vehicle including breaking of a window so that the animal can be removed. The animal shall be transported immediately to a veterinarian. Upon release of the animal by the veterinarian, it may be taken to the City Animal Shelter until claimed by the owner.
(d) If it becomes necessary to break a window to rescue an animal, an effort should be made to have a city employee remain at the vehicle location until the vehicle owner or operator is located or the vehicle is secured or the vehicle is removed. The vehicle may be secured or may be removed to a secure location to prevent further damage or may be removed to preserve evidence of a violation of state law or city ordinance. Upon completion of the criminal investigation by the Health Department and Springfield Police Department and if the vehicle is no longer needed for the investigation, the vehicle can be released to the owner/operator if the owner/operator has been located.
(e) If the vehicle is not removed from the location after the animal has been removed, written details about the removal of the animal should be left with the vehicle. This information should include the time of day, the officer's name, the phone number of the Health Department, the disposition of the animal and information about where the animal can be claimed.
(f) A report from the Animal Control Division and any police incident report concerning the criminal investigation shall be forwarded to either the Greene County Prosecutor or the Municipal Prosecutor for the City of Springfield for the filing of either a state law or municipal ordinance violation.
(2) If the owner or person in control of an animal is arrested, is deceased or is otherwise incapacitated, the animal may be taken into protective custody if no responsible party can be found to take control of the animal.
(3) Any animal impounded under this section shall be disposed of pursuant to Section 18-10(d).
(G.O. No. 5180, § 2, 5-6-2002)
Secs. 18-28--18-50. Reserved.
ARTICLE II. DOGS, CATS AND FERRETS*
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*State law references: Dogs and dog food, RSMo 273.010 et seq.; when disabled persons may be accompanied by dogs, RSMo 209.150.
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DIVISION 1. GENERALLY
Sec. 18-51. Vaccination.
(a) Required. It shall be unlawful for any person to keep, harbor or own a dog, cat or ferret within the city, until and unless such person has the dog, cat or ferret vaccinated for rabies and secures a rabies vaccination certificate from any veterinarian who holds a current license from the state. Owners of dogs shall also secure a tag of registration vaccination issued from such veterinarian which shall be displayed on the dog for which it was issued. Owners of cats or ferrets shall also secure a tag of registration, however, the tag shall not be required to be displayed on the cat or ferret, provided the owner of the cat or ferret shall be required to retain at all times a copy of the vaccination certificate or the tag.
(b) Type of vaccine. The rabies vaccine to be used shall be that approved by the director of public health and welfare upon recommendation of the Springfield Society of Veterinary Practitioners.
(c) Dogs, cats and ferrets owned by temporary residents of city. Any dog, cat or ferret owned by temporary residents of this city may be deemed in compliance with subsection (a) of this section if the dog, cat or ferret holds a valid rabies vaccination certificate issued by any graduate veterinarian.
(d) Procedures; records. The owner of a dog, cat or ferret may present his dog, cat or ferret to any veterinarian and, at his own expense, receive a protective dose of approved rabies vaccine. In addition, the owner shall receive one copy of a certificate and a colored tag, both bearing a registration-vaccination number. This tag and certificate only shall be evidence of registration-vaccination and confer the right to keep a dog, cat or ferret in the city. The veterinarian shall keep one copy of the rabies vaccination certificate on file by name. If a registered dog, cat or ferret possessing a registration-vaccination tag shall bite or scratch any person or exhibit clinical symptoms suggestive of rabies, then the director of public health and welfare shall have the right to request the veterinarian, and thereupon it shall be the duty of the veterinarian who issued the tag or the rabies vaccination certificate, to deliver to the city the name and address of the owner shown on the veterinarian's copy of the registration-vaccination certificate corresponding with the number found upon the dog or on the registration vaccination certificate for the cat or ferret. No veterinarian shall destroy his copy of the certificate of registration-vaccination until at least one year after the time that the vaccination certified therein shall have expired.
(e) Time and frequency of vaccination. The vaccination procedure described in subsection (d) of this section may be carried out at any time of the year. The resulting vaccination shall be valid for the length of time set forth in the compendium.
(Code 1981, §§ 5-20--5-23; G.O. No. 4867, 1-19-1999)
Sec. 18-52. Tags.
(a) Attachment to collar or harness on dogs. The tag issued after registration-vaccination shall be attached to the dog for which it was issued by means of a secure collar or harness. A rabies vaccination certificate issued after registration-vaccination of the cat or ferret shall be kept in the possession of the owner of the animal which certificate shall be presented if requested to the director of public health and welfare.
(b) Replacement of tags. If a tag is lost, another tag of the same shape may be obtained from the veterinarian who issued the original, upon presentation of the original certificate and upon payment of a fee not to exceed $2.00.
(c) Alteration or use of facsimiles prohibited. No person shall provide a facsimile or deface or change the tag or rabies vaccination certificate issued in any way which shall make or cause the tag to appear valid for a longer period of time than originally intended.
(d) Transfer. A tag or rabies vaccination certificate shall not be transferred from the dog, cat or ferret for which it was issued to any other dog, cat or ferret.
(Code 1981, § 5-24; G.O. No. 4867, 1-19-1999)
Sec. 18-53. Running at large prohibited; minimum fine.
(a) It shall be unlawful for any person owning, controlling, harboring, possessing, or having the management or care of any dog to permit such dog to run at large.
(b) The minimum fine for violation of this section shall be not less than $10.00 for each separate violation, which minimum fine shall be the minimum fine levied pursuant to section 1-7.
(Code 1981, § 5-28)
Sec. 18-54. Impoundment of dogs running at large.
Any dog found running at large, regardless of registered vaccination, shall be impounded. A dog running at large is hereby declared to be a public nuisance and it shall be the duty of employees of the department of public health and welfare to abate the nuisance. Employees of the department of public health and welfare shall have authority to enter upon private property in pursuing a dog which is running at large and they shall have authority to open gates, cross fences and take whatever steps that are necessary to abate the nuisance so as to impound the dog that is running at large, except nothing contained in this section shall be construed to authorize the city employee to enter into a dwelling of a person.
(Code 1981, § 5-29)
Sec. 18-55. Holding and disposition of impounded dogs.
All dogs impounded shall be kept in the custody of the department of public health and welfare for a period of not less than 72 hours. They shall be fed, watered and shielded from the elements in a manner acceptable to good veterinary practice. During the 72-hour period, the dog may be released by the animal control officer to any person who shall sign an affidavit swearing the dog is his personal property. The animal control officer shall, in addition, issue a summons to the owner for violation of section 18-51(a), 18-52(a) or 18-53, and shall impose a claiming fee as provided for in section 18-3 and shall require that the dog's owner fulfill vaccination procedures before release, or that he carry out vaccination as set forth in section 18-56. At the end of the 72-hour period, if a dog has not been claimed as set out in this section, the animal control officer is at liberty to dispose of the dog in any one of the following ways:
(1) Humane euthanasia in accordance with regulations promulgated by the director of the state department of agriculture.
(2) Releasing the dog to any person expressing a desire for any given dog, after payment of an adoption fee as provided for in section 18-3 and completion of the registration-vaccination procedure before release or completion of the procedures set forth in section 18-56.
(3) Releasing the dog to an accredited public school within the state which has a recognized research program and whose methods of animal care and use are approved by the city's director of public health and welfare, and upon payment of an impounding fee as provided for in section 18-3.
(4) Releasing the animal to the Southwest Missouri Humane Society at no charge, provided the society agrees to indemnify and hold harmless the city from any and all liabilities that might arise from such transaction.
(5) Any other method approved by the American Humane Association.
(Code 1981, § 5-30)
Sec. 18-56. Release of impounded dogs, cats or ferrets that have not been vaccinated and registered.
When any impounded dog, cat or ferret shall be released from the custody of the department of public health and welfare to the original or a new owner and such dog, cat or ferret has not completed a valid registration-vaccination procedure at the time or prior to release, the dog, cat or ferret shall be accompanied with a form to be supplied by the department of public health and welfare, and within seven days after release the dog's, cat's or ferret's owner shall complete the registration-vaccination procedure and shall leave with the vaccinating veterinarian such form to be completed by the veterinarian and returned to the department of public health and welfare.
(Code 1981, § 5-31)
Sec. 18-57. Refusal to deliver dog, cat or ferret to animal control officer.
No person shall refuse to deliver up to the animal control officer his dog, cat or ferret when requested to do so under the provisions of this chapter.
(Code 1981, § 5-32; G.O. No. 4867, 1-19-1999)
Sec. 18-58. Exemption for police dogs.
The provisions of this article shall not apply to any federal, state or local law enforcement agency or dog used by or belonging to such agency, provided that such dog shall be vaccinated for rabies as required by this article, and the dog's handler shall have proof of such vaccination in his possession for display as may be required. Also, at any time such dog is off its leash or otherwise at large, it shall be under the control of or in the performance of functions of duties for a law enforcement officer or handler acting on behalf of a law enforcement agency.
(G.O. No. 4805, § 1, 5-26-1998)
Secs. 18-59--18-80. Reserved.
DIVISION 2. DANGEROUS DOGS
Sec. 18-81. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous dog means any dog that:
(1) Has a known propensity, tendency or disposition to attack when unprovoked upon the streets, sidewalks or any public grounds or places or upon the property of another, or to cause injury or otherwise endanger the safety of human beings or domestic animals, or approaches a person in a menacing fashion or apparent attitude of attack;
(2) Bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on private or public property; or
(3) Is owned or harbored primarily or in part for the purpose of dogfighting, or any dog trained for dogfighting, as defined by section 18-87(b).
Department means the department of public health and welfare.
Director of public health and welfare means the director of public health and welfare of the city, or his designee.
Dog means any member of the species Canis familiaris.
Owner means any person possessing, harboring, keeping or having control or custody of a dog, or a city resident who has a financial interest in any dog.
Person means any individual, partnership, firm, joint stock company, corporation or employee thereof, or other legal entity, unless otherwise stated.
Severe injury means any physical injury which results in broken bones or lacerations requiring either multiple stitches or cosmetic surgery.
Unprovoked means action by the dog not in response to being tormented, abused or assaulted by any person, or if the dog's action was not in response to pain or injury or to protect itself, its kennel or its offspring.
(Code 1981, § 5-50)
Cross references: Definitions generally, § 1-2.
Sec. 18-82. Penalty.
Any person who violates any provision of this division or any regulations promulgated under this division shall be guilty of a misdemeanor punishable in accordance with section 1-7.
(Code 1981, § 5-59)
Sec. 18-83. Enforcement; search and seizure warrants.
(a) Authorized officers of the department of public health and welfare and other persons designated by the director of public health and welfare shall be empowered to enforce the provisions of this division or any rule or regulation promulgated under this division.
(b) Persons authorized to enforce the provisions of this division or any rule or regulation promulgated under this division shall have the authority to seek and execute search and seizure warrants as set forth in section 18-10.
(Code 1981, § 5-60)
Sec. 18-84. Construction of division.
The provisions of this division shall not be construed to prohibit the department of public health and welfare or any authorized law enforcement officer from enforcing any other law, rule or regulation regarding the humane treatment of animals.
(Code 1981, § 5-61)
Sec. 18-85. Exemptions.
The provisions of this division shall not apply to any federal, state or city law enforcement agency or dog specifically exempted by order of the director of public health and welfare pursuant to regulations promulgated pursuant to section 18-94.
(Code 1981, § 5-62)
Sec. 18-86. Applicability of other animal control regulations.
No provision of this division shall prevent the enforcement of existing animal control regulations of this Code.
(Code 1981, § 5-63)
Sec. 18-87. Sale, purchase or breeding prohibited; keeping or sale of dogs used for dogfighting.
(a) No person shall knowingly sell, offer for sale, breed, buy or attempt to buy any dangerous dog within the city. A dog deemed dangerous under provisions of this division shall not be sold or given away without the knowledge and permission of the health authority.
(b) No person shall knowingly own, harbor, sell or offer for sale any dog which is to be used for the purpose of dogfighting or to be trained, tormented, badgered or baited for the purpose of causing or encouraging the dog to attack human beings or domestic animals when not provoked, unless such dog has been exempted by the director of public health and welfare pursuant to section 18-85.
(Code 1981, § 5-51)
Sec. 18-88. Possession of equipment used in training for dogfighting.
It shall be unlawful for any person within the corporate limits of the city to own, maintain or have in his possession equipment designed for the purpose of training dogs to attack other animals as in dogfighting. This provision shall not be deemed to include those items common to training sporting dogs for the pursuit of wild game or common to the training of guard dogs or standard obedience training.
(Code 1981, § 5-52)
Sec. 18-89. Determination that dog is dangerous.
Upon receipt of a written complaint by any person in a form approved by the director of public health and welfare, the director, after reviewing the facts of the complaint, may conduct a hearing to determine if such dog is dangerous. Such a hearing shall be conducted within 25 days of the receipt of the complaint or seizure of the dog, whichever is later. The director shall provide notice to the owner of the dog either in person or by certified mail, return receipt requested, and to the complainant by regular mail, of the date, time and location of the hearing, and in no event shall the hearing be conducted less than six days after such notice has been mailed to the owner of the dog. At such hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. If the dog has caused severe injury to any person, the director may impound the dog, at the owner's expense, pending the hearing and determination of the complaint. If the director or the impounding agent cannot, with due diligence, locate the owner of a dog that has been seized pursuant to this division, the impounding agent shall cause such dog to be impounded for no fewer than three days. If after no fewer than three days no person appears to claim that he is the dog's owner or is an authorized agent of the owner, the director may cause the dog to be humanely destroyed. If during the time the dog is impounded its owner claims it, the owner shall be served with a notice of hearing as provided for in this section.
(Code 1981, § 5-53)
Sec. 18-90. Sanctions and orders after dog has been determined dangerous.
Upon conclusion of a hearing as set forth in section 18-89, and upon a determination by the director of public health and welfare that the dog is dangerous, the director may order the owner of the dog to comply with one or more of the following, in any combination thereof:
(1) Registration. The director may order the owner of a dangerous dog to register such dog with the department. The application for such registration shall contain the name and address of the owner, the breed, age, sex, color and other identifying marks of the dog, the location where the dog is to be kept, if not at the address of the owner, and such other information that the director may require. The application for registration pursuant to this subsection shall be accompanied by a registration fee of $25.00. This fee shall not be effective until approved by a vote of the people. Each dog registered pursuant to this subsection shall be assigned an official registration number by the department. Such registration number shall be inscribed on a metal tag which shall be attached to the dog's collar at all times. The tag and a certificate of registration shall be of such form and design and shall contain such information as the director shall prescribe and shall be issued to the owner upon payment of the registration fee and the presentment of sufficient evidence that the owner has complied with all of the orders of the director as prescribed at the determination hearing.
(2) Confinement. The director may order the owner of a dangerous dog to confine the dog at all times either indoors or, if outdoors, in a proper enclosure for a dangerous dog, which shall consist of a securely enclosed and locked pen or structure, suitable to prevent the entry of young children or any part of their bodies, and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and prevent the dog from digging his way out through the bottom. The pen or structure shall also provide the dog with protection from the elements. The owner shall also conspicuously display signs designed with a warning symbol approved by the director which indicates to both children and adults the presence of a dangerous dog, on the pen or structure and on or near the entrances to the residence where the dog is kept. At any time such dog is not on the premises occupied by the owner, then the dog shall be muzzled in such a manner as to prevent it from biting or injuring any person and kept on a leash no longer than six feet with the owner or some other responsible person attending such dog, or confined in a location or facility approved by the director. The operator or owner of such approved location or facility shall be informed by the owner of the status of the dog as a dangerous dog and any restrictions on the use, movement and boarding of the dog.
(3) Liability insurance. The director may order the owner of a dangerous dog which has caused a severe injury to any person to maintain in full force and effect a liability insurance policy in the amount of $100,000.00 for coverage against personal injury or death of any person resulting from an attack from such dangerous dog, or to provide such proof of financial responsibility for personal injury or death of any person resulting from an attack from such dangerous dog as the director of public health and welfare shall deem satisfactory and acceptable. Such proof of financial responsibility may include but is not limited to a bond or pledge of property.
(4) Spaying or neutering. The director may order the owner of a dangerous dog to arrange for the alteration of its reproductive capacity through spaying or neutering of such dangerous dog. Such alteration shall be at the owner's expense.
(5) Humane destruction. The director may order the humane destruction of any dog that has been found to have killed or caused severe injury to any person or other domestic animal.
(Code 1981, § 5-54)
Sec. 18-91. Liability for injury or damage caused by dog owned by minor.
If the owner of a dangerous dog is a minor, the parent or guardian of such minor shall be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by such dangerous dog.
(Code 1981, § 5-55)
Sec. 18-92. Seizure and impoundment.
(a) If the owner of a dangerous dog violates any order of the director of public health and welfare as provided at the determination hearing, such dangerous dog may be seized and impounded by the department of public health and welfare upon order of the director. In addition, any dog shall be immediately seized by the department if the dog bites or attacks a person or another domestic animal at the sufferance of its owner, is engaged in or apparently engaged in a dogfight contest or is approximately near the area in which a contest is being conducted.
(b) If a previously declared dangerous dog has been seized by the department by order of the director or seized pursuant to subsection (a) of this section, or after such dog bites or attacks a person, the director shall conduct a hearing to determine if the dog should be returned to the owner or forfeited. Such hearing shall be conducted no sooner than eight days from the date of seizure and the director shall provide written notice of such hearing either in person or by certified mail, return receipt requested, to the owner of the dog. In no event shall such hearing be conducted within five days after such notice has been mailed to the owner of the dog.
(c) After such hearing has been conducted, the director may either order that the dog be returned to the owner or declare that the dog has been forfeited. In addition, the owner shall be subject to any penalties prescribed in this Code.
(Code 1981, § 5-56)
Sec. 18-93. Excused behavior.
No dog shall be declared dangerous pursuant to any section of this division if the threat, injury or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog or was tormenting, abusing or assaulting the dog or has in the past been observed or reported to have tormented, abused or assaulted a dog, or was committing or attempting to commit a crime; nor shall any dog be declared dangerous if it was responding to pain or injury, or was protecting itself, its kennel or its offspring.
(Code 1981, § 5-57)
Sec. 18-94. Authority to prescribe additional regulations.
The director of public health and welfare may, when necessary, promulgate such regulations as are necessary to carry out the provisions of this division and to promote the health, safety and well-being of the public. Such regulations shall be approved by the city council and placed on file with the city clerk.
(Code 1981, § 5-58)
Secs. 18-95--18-120. Reserved.
ARTICLE III. RABIES CONTROL*
__________
*Cross references: Health and sanitation, ch. 58.
State law references: Protection against rabies, RSMo 322.010 et seq.
__________
Sec. 18-121. Procedure when person bitten or scratched by animal.
(a) The owner of any animal which, through biting or scratching, breaks or abrades the skin of any person, regardless of the circumstances or whether the animal is vaccinated and registered or not, shall be required to place the animal in a veterinary hospital maintained by a licensed veterinarian for a period of not less than ten days following the evening of the day of the bite for clinical observation based upon the most current medical information. The observation and disposition of other animals involved in biting or scratching any person shall be specified by the department of public health and welfare.
(b) All expenses shall be borne by the owner of the animal. If such animal develops symptoms suggestive of rabies, the department shall determine the necessity of euthanasia or the animal may be allowed to die a natural death. If the animal should die while in confinement for any reason, the head of such animal shall be removed and submitted to any qualified official laboratory. When the director of public health and welfare determines that an immediate examination of the animal is proper in order to provide for adequate protection of human life or safety, then the animal may be euthanized for purpose of examination before the lapse of ten days. If at the end of the ten-day period the animal is alive and healthy, it may be released to its owner. Only under special circumstances to be specified by the department of public health and welfare shall an animal be confined on the owner's or other premises for the ten-day period.
(c) Should it be deemed advisable by the director of public health and welfare of the city, animals impounded under this section may be kept at the animal shelter for the costs provided for in section 18-3.
(d) All animals under clinical observation for rabies must fulfill all other conditions of this chapter prior to release. At the time of the biting, a summons shall be issued to the owner if in violation of any other parts of this chapter.
(Code 1981, § 5-33)
Sec. 18-122. Pursuit and impoundment of animals suspected of having bitten or scratched a person.
(a) Pursuit. Whenever an animal control officer or police officer of the city shall have reasonable grounds to believe that a person has been bitten or scratched by a dog, cat, rodent or other animal and shall have reasonable grounds to believe any particular dog, cat, rodent or other animal to be guilty of having inflicted the bite or scratch, then such officer shall be authorized to pursue such dog, cat, rodent or other animal onto or into the property of any person whomsoever for the purpose of taking up such animal and impounding the animal, and shall be authorized to enter any place, building or property of another when the officer has reasonable grounds to believe that such dog, cat, rodent or other animal is thereon or therein for the purpose of taking up such animal and impounding the animal; provided, however, no officer shall enter the dwelling place of another without first giving opportunity to the occupant thereof, if he can be found, to deliver such animal. It shall be unlawful for any person to interfere with any officer proceeding in accordance with the provisions of this section.
(b) Impoundment; notification of owner. When any such officer shall have so impounded any dog, cat, rodent or other animal, it shall be the duty of the director of public health and welfare of the city to immediately notify the owner, if he is known, of such dog, cat, pet rodent or other animal, and it shall be the duty of such owner to comply with the provisions of section 18-121.
(c) Search and seizure warrant. Whenever an animal control officer or the police of the city shall have probable cause to believe that an animal has bitten or scratched a person, such officer may, in addition to other remedies provided in this section, request that a warrant be issued to search for and seize such animal pursuant to section 18-10.
(Code 1981, § 5-33.1)
Sec. 18-123. Impoundment of suspected rabid animals.
(a) Any animal which exhibits clinical symptoms suggestive of rabies may, at the discretion of the director, after written certification by the department of public health and welfare to the owner, be impounded on or off the property of the owner. This animal shall be held for ten days at the city's impounding facilities for clinical observation and, if alive at the termination of this period, may be returned to the owner. As an alternative procedure, the owner may designate any veterinary hospital in the city for a similar ten-day period. All expense shall be borne by the owner.
(b) If such animal shall die during the observation period, regardless of the location, the head shall be removed and submitted to a qualified official laboratory for examination.
(Code 1981, § 5-34)
Sec. 18-124. Animals exposed to rabies.
Any animal which has been exposed to rabies shall be immediately destroyed or otherwise handled in accordance with procedures prescribed by the state department of health in the latest issue of the Rabies Policy and Procedures Manual, a copy of which is on file with the office of the city clerk. All related costs shall be borne by the owner of the animal involved.
(Code 1981, § 5-35)
Sec. 18-125. General quarantine of animals.
When the director of public health and welfare shall deem it necessary because of the prevalence of rabies among the animal population of the city, county or state, strict quarantine may be placed on any species or breed of animal in any designated area of the city. This proclamation shall be construed to mean that all dogs, cats or other animals shall be confined in the owner's home or tied up or placed on a leash and under the direct physical control of a person at least 15 years of age. Violation of this regulation shall be a misdemeanor. Any dog, cat or other animal found otherwise during such a quarantine shall be impounded. Dogs or other animals which are impossible to capture shall be shot, if the director of public health and welfare so designates.
(Code 1981, § 5-36)
Sec. 18-126. Report of rabies cases by veterinarians.
All veterinarians in the city shall report at once all cases of clinical rabies to the division of veterinary services of the department of public health and welfare.
(Code 1981, § 5-37)
Sec. 18-127. Animals exhibiting symptoms of diseases other than rabies.
Any dog or other animal which does not possess a valid registration-vaccination tag and which reveals the symptoms of any disease clearly not those of rabies, as determined by the department of public health and welfare, may be subject to disposal as set forth in section 18-55(1) at the earliest possible time by the animal control officer.
(Code 1981, § 5-38)
Sec. 18-128. Right of entry of director of public health and welfare.
The director of public health and welfare or his duly appointed representative shall have the right of entry to any property or premises for the purpose of examining and impounding any animal involved in a bite or scratch or exposed to or exhibiting clinical symptoms of rabies; provided, however, if time and circumstances warrant, the director of public health and welfare may apply to the municipal court for a search warrant for the purpose of seizing the animal which warrant shall be issued upon a showing that a person has been bitten or scratched by an animal and there is probable cause to believe that the animal is being harbored at the location specified in the search warrant.
(Code 1981, § 5-39)
Sec. 18-129. Exemption for police dogs.
The provisions of sections 18-121, 18-122, 18-125 and 18-127 shall not apply to any federal, state or local law enforcement agency or dog used by or belonging to such agency if such a dog bites a person, provided that the law enforcement agency has and follows established alternative procedures for such an event, and such procedures have been approved by the director of public health and welfare as providing an appropriate level of protection to the public. Any dog bites of a person by such a dog, other than those occurring in the course of any law enforcement agency training involving the dog, shall be reported as soon as possible by the law enforcement agency using or owning the dog to the director of public health and welfare or his designee.
(G.O. No. 4805, § 2, 5-26-1998)
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