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 | 
