HomeMy Public PortalAboutORD11257 BILL NO. 89-54 AMENDED
is SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. b2 l l
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING CHAPTER
5 ANIMALS AND FOWL, OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI,
AND ENACTING A NEW CHAPTER 5 IN LIEU THEREOF.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Code of the City of Jefferson, Missouri, is
hereby amended by repealing Chapter 5 Animals and Fowl. in its
entirety and enacting a new Chapter 5 in lieu thereof which shall
read as follows:
ARTICLE I. IN1 GENERAL
See. 5-1. Definitions.
For the purpose: of this chapter, the following words and
phrases shall have the meaning respectively ascribed to them by
this section:
Amok Animal: Every living vertebrate except a human being.
qV At large: An animal shall be "at large" when off the property
of the owner and unleashed.
Cat: Any member of the feline (genus felis) family over three
(3) months of age.
Director That person appointed or acting as director of
planning and code enforcement, or his agents or employees.
Doc.: Any member of the canine (genus canis) family over three
(3) months of age.
Euthanize_ To put to death in a humane way.
Exposed to rabies: Any animal, whether vaccinated for rabies
or not, which has had any physical contact with a rabid animal.
Impound: To take into custody any animal, for the purpose of
confinement.
Kitten: Any member of the feline (genus felis) family under
three (3) months of age.
Livestock: Any horse, cow, pig, hog, sheep or goat.
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Owner: In addition to its ordinary meaning, any person, who
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keeps or harbors an animal or professes to be owning, keeping or
harboring an animal.
$yg,. Any member of the canine (genus canis) family under
three (3) months of age.
Ta : Any object, regardless of shape or size, bearing a
registration number and year, and the words "registered and
vaccinated for rabies, " issued by a practicing licensed
veterinarian.
Trap: Any mechanical device or snare which seeks to hold,
capture, or kill an animal.
Trappinc.i: The setting or laying or otherwise using of a trap.
Vaccination-registration: The vaccination for rabies, and
issuance of an appropriate certificate, by a practicing licensed
veterinarian.
(Ord. No. 9509, § 1(Art. I, § 1) , 9-15-80; Ord. No. 10012, § 11 8-
1-83)
Sec. 5-2. stunning at large.
(a) It shall be unlawful for any owner of any animal to let
such animals run at large.
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(b) In the case of a conviction in municipal court, the court
shall fine the owner of said animal running at large at least the
following amounts:
(1) First offense in a twelve month period - Twenty-five
dollars ($25.00)
(2) Second offense within one year of first offense - Fifty
dollars ($50.00)
(3) Third and subsequent offense within one year of first
offense - Seventy-five dollars ($75.00)
All such fines shall be a minimum fine and no portion of said fine
shall be suspended or stayed. Neither shall the municipal judge
suspend imposition of sentence.
(Ord. No. 9509, § 1(Art. II, § 4) , 9-15-80) ; Ord. No. 10124, § If
12-5-83)
Boo. 5-3. Harking or howling.
It shall be unlawful for any person to own, keep or harbor any
animal which, by loud, continual or frequent barking or howling,
disturbs any neighborhood.
(Ord. No. 9509, § 1(Art. II, § 7) 0 9-15-80)
Saco 5-4. Confinement of females in heat.
® It shall be unlawful for the owner or the person in charge of
any female dog or cat in heat to fail to keep such dog or cat
confined to a roofed enclosure.
(Ord. No. 9509, § l(Art. II, § 5) , 9-15-80)
Sec. 5-5. Excretion of animals.
It shall be unlawful for any owner in charge of any animal to
permit their animal to excrete on sidewalks, driveways, right-of-
way, or other private property; the owner or person in charge of
the animal is at all times responsible to clean and remove
excretion from property not owned or controlled by such person.
(Ord. No. 9509, § l(Art. I, § 3) , 9-15-80)
Sec. 5-6. Cleanliness of pens, coops, ate.
It shall be unlawful to keep any animal in any structure, pen,
coop or yard that is not maintained in a clean and sanitary
condition at all times, devoid of all rodents and vermin and free
from offensive, disagreeable or obnoxious smells or odors, tending
to injure, annoy or inconvenience any inhabitant of the
neighborhood.
(Ord. No. 9509, § l(Art. I, § 5) , 9-15-80)
See. 5-7. steeping near dwellings.
It shall be unlawful for any person to keep any livestock or
fowl in an outdoor enclosure or pasture, the exterior boundary of
which is within one hundred (100) feet of the dwelling house of
another without the written permission of the owner or occupant of
such dwelling house.
(Ord. No. 9509, § l(Art. I, § 6) , 9-15-80)
sec. 5-8. Minimum area of enclosures or pastures.
(a) No person shall keep more than one livestock animal in an
outdoor enclosure or pasture, unless such enclosure or pasture
shall have an area of one-half acre for each livestock animal;
provided, that this area requirement shall not apply to the keeping
of a suckling offspring of such animal.
(b) It shall be unlawful for any person to keep or use within
the corporate limits any pen, stall, place or enclosure in which
hogs or swine shall be kept, except for the purpose of immediate
transportation or immediate use for the market.
(c) The provisions of this section shall not apply to any
lawfully operated stockyard, slaughterhouse, university or college
or veterinary hospital.
(Ord. No. 9509, § l(Art. I, § 7) , 9-15-80)
•
Sac. 5-9. Hatcheries.
Any person within the city, engaged in the business of
hatching baby fowl by the use of incubators, who permits any odor
to escape from such incubators that is offensive or annoying to
persons residing within the vicinity of the place of business shall
be deemed actively maintaining a nuisance.
(Ord. No. 9509, § l(Art. I, § 9) , 9-15•-80)
Sec. 5-10. poisoning animals.
It shall be unlawful for any person to feed or place so as to
constitute a direct or obvious hazard to man or animal, or to offer
or tempt any animal with, liquid, meat, or any food product which
shall:
(a) Cause prostration, convulsion, pain or suffering as a
prelude to death;
(b) Cause death; or
(c) Be proven to be toxic or lethal in the amount present to
any man or domestic animal by competent medical or
veterinary authority.
(Ord. No. 9509, § l(Art. I, § 17) , 9-15-80)
Bee. 5-11. Dead animals.
It shall be unlawful for the owner of any dead animal to
permit such animal to create a nuisance or, health hazard by
remaining undisposed of in excess of twenty-four (24) hours. (Ord.
No. 9509, § l(Art. I, § 18) , 9-15-80)
Bee. 5-12. Loading, transferring, of livestock.
It shall be unlawful for any person to unload or transfer
livestock from one vehicle to another in any public place, street
or thoroughfare or on any private premises, or for any person to
park or stand any vehicle for such purpose on any street or
thoroughfare or on any unenclosed private premises within the city
for longer than one hour; provided, that nothing in this section
shall prohibit loading, unloading or transferring livestock at any
established and maintained stockyard, slaughterhouse or stable
barn, or in any enclosed building,
(Ord. No. 9509, § l(Art. I, § 19) , 9-15-80)
See. 5-13. Breeding livestock.
It shall be unlawful for any person .to permit the breeding of
livestock within the city, unless the same is in an enclosed shed
or stable and entirely out of public view or hearing. (Ord. No.
9509, § l(Art. I, § 20) , 9-15-80)
Sec. 5-14. Allowing; animals to remain without sufficient food,
water or shelter; crueltyo etc.
it shall be unlawful for the owner or person in charge of any
animal to permit such animal to remain without sufficient food,
water or shelter as determined by enforcement personnel after
timely checks. No person shall beat, cruelly ill treat, torment,
overload, overwork, or otherwise abuse any animal, or cause to
permit any dog fight, cockfight, bullfight or other combat between
animals or between animals and humans.
(Ord. No. 9509, § 1(Art. I, § 21) , 9-15-80)
see. 5-15. vicious animals.
(a) It shall be unlawful for any person to own, keep, harbor,
or allow to be in or upon his premises any animal of a dangerous,
vicious, or ferocious disposition. A dangerous, vicious, or
ferocious animal shall be an animal that has attacked, or shown
propensities to attack persons or other animals. Evidence that may
be considered may be, but not limited to, testimony of persons who
have witnessed the actual behavior of said animals, past incidents
involving said animals, size of the animals, the conditions in
which the animals are kept, and the breed of the animal.
(b) If city enforcement personnel shall be notified of a
vicious or ferocious animal, and upon investigation shall find such
an animal running at large, the enforcement personnel shall have
full authority to kill the dangerous, ferocious, or vicious animal.
Before killing said animal, the enforcement personnel shall make
as certain an identification as is practical under the
circumstances, and shall determine if capturing the animal is
reasonable. However, the enforcement personnel shall not place
themselves in any position of danger of being attacked.
Identification of the anima]. as dangerous, ferocious, or vicious
shall include an independent appraisal of the disposition of the
animal as is practical under the circumstances by the enforcement
personnel.
(c) Upon a conviction under this section, the municipal judge
shall order the destruction of the subject animal.
(d) Any case filed under this section shall go to the top of
the docket in the municipal court and shall have priority over
other matters.
(Ord. No. 9509, § I(Art. II, § 6) , 9-15-80; Ord. No. 9697, § 1, 11-
2-81)
State law reference - Penalty for ordinance violations, RSMo.
§ 77.590.
sec. 5-16. city shelter.
There is hereby established a City Animal Shelter under the
supervision and direction of the director, for the reception,
humane care and disposition of sick, injured, diseased or impounded
animals.
(Ord. No. 9509, § l(Art. I, and II) ,9-15-80; Ord. No. 10011, § 21
8-1-83)
Sea. 5-17. Impoundment generally.
All animals found running at large in the city are hereby
declared to be a public nuisance and shall forthwith be taken up
by the director and placed in the City animal shelter. When any
animal shall be taken up as provided in this section, it shall be
the duty of the director to make diligent inquiry for the owner
thereof and, when such owner shall be found, to notify him, of the
taking up and the impoundment of such animal or fowl. (Ord. No.
9509, § l(Art. I, § 12, §13) , 9-15-80)
secs. 5-18. Redemption of impounded animals; disposition of
unredeemed animals.
(a) The owner of any impounded animal, or any other person
with the permission of the owner, may redeem such animal within a
period of seventy-two (72) hours after impoundment by paying to the
director, ten dollars ($10.00) for each twenty-four (24) hours of
impoundment, or fraction thereof, for the expense of keeping,
feeding and sheltering such animal during the term of impoundment.
(b) Any impounded dog or cat which does not bear proof of
rabies vaccination shall be released to the owner after the payment
of the required fee for vaccinating, insuring that the animal will
be vaccinated for rabies.
(c) Any dog, pup, cat or kitten that is impounded and not
redeemed within seventy-two (72) hours shall be placed up for
adoption upon payment of the adoption fee and the execution of an
adoption form that all necessary steps will be taken to comply with
the provisions of this chapter.
(d) Provision shall be made for the spaying or neutering of
all dogs and cats adopted.
(e) In the event that an owner of any dog, pup, cat or kitten
picked up at large cannot be determined, said dog, pup, cat or
kitten, held for seventy-two (72) hours after impoundment if not
redeemed or adopted, may be euthanized by the director or released
to any person upon payment of the adoption fee and the execution
of an affidavit that all necessary steps will be taken to comply
with the provisions of this chapter within twenty-four (24) hours.
Any dog, pup, cat or kitten that is impounded and bears proof of
rabies vaccination may be euthanized by the director following ten
(10) days of impoundment if not redeemed or adopted. All animals
which have not been redeemed or adopted within twenty (20) days
after impoundment shall be euthanized by the director. (Ord. No.
9509, § l(Art. I, § 14) , 9-15-80; Ord. No. 10012, § 21 § 31 8-1-
• 83; Ord. 10937, § 11 10-19-87)
Sec. 5-19. Euthanasia of animals which are diseased or disabled.
If an animal impounded is so diseased or disabled beyond
recovery for any useful purpose at the time it is impounded in the
judgment of a licensed veterinarian, it shall be euthanized as
quickly as practical.
State Law Reference - RSMo 578.016
Sea. 5-20. Refusal to deliver animals to director.
It shall be unlawful for any person to refuse to deliver an
animal to the director, when requested to do so under the
provisions of this chapter.
(Ord. No. 9509, § I(Art. I, § 15) , 9-15-80)
sec. 5-21. Removing animals from custody of the director.
It shall be unlawful for any person to remove from the custody
of the director, by force, deceit or otherwise, any animal which
has been trapped, captured or impounded by the director. (Ord. No.
9509, § l(Art. I, § 6) , 9-15-80)
Sec. 5-22. Right of entry of director.
The director shall have the right of entry to any property or
premises within the city for the purpose of determining if the
provisions of this chapter are being complied with. (Ord. No.
9509, § l (Art. III, § 5) , 9-15-80)
State law reference - Penalty for ordinance violations, RSMo.
§ 77.590.
Sec. 5-23. Penalty.
Any person violating the provisions of this chapter, upon
conviction shall be fined not less than twenty-five dollars
($25.00) or more than five hundred dollars ($500.00) , or shall be
sentenced to a term of imprisonment of not more than three (3)
months in jail, or shall be both fined and sentenced. Each day
that the condition exists in violation of these provisions
constitutes a separate offense.
(Ord. No. 9509, § l(Art. III, § 6) , 9-15-80; Ord. No. 9601, § 1,
4-6-81)
State law reference - Penalty for ordinance violations, RSMo.
§ 77.590.
Secs. 5-24 - 5-44. Reserved.
ARTICLE IV. RABIES CONTROL
Sec. 5-45. Vaccination of dogs and cats - Generally.
(a) It shall be unlawful for any person to own, keep, harbor
or permit a dog or cat within the city, unless rabies vaccination
is secured from a practicing licensed veterinarian and the dog or
cat bears a registered tag of current rabies vaccination.
(b) The rabies vaccination shall be valid for a period of one
year from the date of vaccination.
Sea. 5-46. Display of tag; replacement tag or certificate.
(a) Each dog or cat shall have attached, by means of a secure
collar or harness, a current serially numbered, nontransferable
rabies tag.
(b) A replacement tag may be obtained by presenting the
certificate of vaccination and payment of the required fee to the
issuing party.
(Ord. No. 9509, § l(Art. II, § 2) , 9-15-80)
Sea. 5-47. Animal bite or puncture procedure.
(a) The owner of any animal which bites any person, or
punctures the skin thereof, whether the animal is vaccinated or
not, shall be required to confine the animal under the supervision
of a practicing licensed veterinarian, for a period of ten (10)
days following the evening of the day of the bite, for clinical
observation. All expenses thereof shall be borne by the owner of
the animal.
(b) If such animal develops symptoms of rabies, it shall be
allowed to die, or if death shall occur while such animal is
confined, for any reason, the head of such animal shall be removed
by the veterinarian and submitted to any qualified official
laboratory. If at the end of such ten day period the animal is
alive and healthy, it may be released to its owner; provided, that
all other conditions of this chapter are fulfilled. (Ord. No.
9509, § l(Art. III, § 1) , 9-15-80)
Sec. 5-48. Suspected rabid animals.
The owner of any animal which exhibits clinical symptoms of
rabies shall be required to have the animal confined under the
supervision of a practicing licensed veterinarian in the city for
a period of ten (10) days for clinical observation. All expenses
under this procedure shall be borne by the owner of the animal.
(Ord. No. 9509, § l(Art. III, § 2) , 9-15-80)
Sec. 4-48. Animals exposed to rabies.
The owner of any animal which has been exposed to rabies shall
accept one of the following alternatives:
(a) If vaccination is not current, the animal shall be
confined in an animal hospital for six (6) months or
euthanized immediately.
(b) If the animal has a current vaccination by a licensed
veterinarian, the animal shall be revaccinated
immediately and confined at home for three months or
euthanized immediately.
(Ord. No. 9509, § 1(Art. III, § 3) , 9-15-80)
See. 5-50. Quarantine.
Whenever the mayor 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 all animals in
the city. Upon such proclamation by the mayor, all animals shall
be confined on the owner's premises. Any animal found otherwise
shall be impounded or destroyed by the director.
(Ord. No. 9509, § l(Art. III, § 4) , 9-15-80)
Boca. 5-51 - 5-64. Reserved.
Section 2. This ordinance shall be in full force and effect
from and after the date of its passage and approval.
n
Passed I. Approved
es' g Officer ayor
.ATTEST:
city clerk