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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. f® Owner: In addition to its ordinary meaning, any person, who z 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. Aft (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