Chapter 4: Animals and Fowl

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CONTENTS

ARTICLE I.  IN GENERAL

§ 4-1.          Keeping livestock

§ 4-2.          Impoundment.

§ 4-3.          Sale of Impounded animals.

§ 4-4.          Disposition of proceeds of sale.

§ 4-5.          Fees.

§ 4-6.          Cruelty to animals or fowl.

§ 4-7.          Animals disturbing the peace.

§§ 4-8 to 4-11.  Reserved.

ARTICLE II.  DOGS

DIVISION 1.  GENERALLY

§ 4-12.        Dogs running at large prohibited.

§ 4-13.        Abandonment of dogs.

§ 4-14.        Penalty.

§§ 4-15 to 4-19.  Reserved.

DIVISION 2.  REGISTRATION

§ 4-20.        Registration and rabies immunization - Required.

§ 4-21.        Dog tax levied; records.

§ 4-22.        License tag.

§§ 4-23 to 4-27.  Reserved.

DIVISION 3.  IMPOUNDMENT

§ 4-28.        Dog warden.

§ 4-29.        Impoundment authority.

§ 4-30.        Disposal of animals; pound fees.

§ 4-31.        Impoundment of rabies suspects.

§ 4-32 to 4-33.  Reserved.

DIVISION 4.  PIT BULL DOGS

§ 4-34.        Definition.

§ 4-35.        Licensing.

§ 4-36.        Reserved.

ARTICLE III.  CATS

§ 4-37.        Cats running at large - Unlawful.

§ 4-38.        Impoundment of cats; pound fees.

§ 4-39.        Disposal of unclaimed cats.

§§ 4-40 to 4-44.  Reserved.

ARTICLE IV

ABUSE AND NEGLECT OF ANIMALS

§ 4-45.        Definitions.

§ 4-46.        Animal neglect and abandonment.

§ 4-47.        Animal abuse.

§ 4-48.        Neglected or abused animal not to be returned to owner or custodian, when.

§§ 4-49 to 4-53.  Reserved.

Chapter 4

ANIMALS AND FOWL

ARTICLE I

IN GENERAL

Sec. 4-1.  Keeping livestock.

        Except for properly licensed veterinary treatment facilities, no cattle, horses, sheep, goats, hogs or any other livestock to include poultry or fowl, shall be kept or permitted within the corporate limits of said city, and it shall be unlawful for the owner or person in charge of any such livestock to maintain the same within said city limits or permit them to be therein, either confined or running at large on private property, public streets or grounds within said city limits; and any such owner or person in charge of any of said livestock who shall permit the same to be within the city limits, shall be guilty of an ordinance violation with a fine of not more than $500 and/or up to 90 days in jail.  (Ord. 158, Sec. 1;  1977 Code; Ord. 781; Ord. 922) 

Sec. 4-2.  Impoundment.

        In the event any of said livestock may be found within the limits of said city, it shall be the duty of the chief of police to take up and restrain said animals, and shall give notice to the owner or owners thereof, if known.  If the owner of said animals be not known, the chief of police shall cause notice of seizure and impounding of such animals describing the same, giving their sex, marks and brands, if any, and the reason for their seizure and detention, and the fact that they will be proceeded against and sold for the expense of such taking up, which notices shall be posted up in four public places in the City of St. James, Missouri.  (Ord. 158, §2.)

Sec. 4-3.  Sale of impounded animals.

        In the event such animals so taken up and impounded shall not be reclaimed by the owner, and the expenses for taking same up paid, and at the expiration or within three days thereafter if the owner does not appear and claim said animals and pay a reasonable charge therefore, for the taking up and maintaining of said animals, the chief of police shall proceed forthwith to sell the same at public auction at the front door of the city hall, first giving twenty-four hours notice thereof by four written or printed handbills posted in four public places in the City of St. James, Missouri.  (Ord. 158, §3.)

Sec. 4-4.  Disposition of proceeds of sale.

        Out of the proceeds derived from said sale, the said chief of police shall first pay the cost and expenses herein provided for the taking up and keeping and impounding of said animals.  The residue of said sum, if any there be, shall be paid over to the owner of said animals, or if such owner does not appear and claim the same, it shall be paid to the treasurer of the City of St. James, Missouri, thereafter to be claimed and received by such owner, after deducting any and all necessary expenses incident to this proceeding; provided that such action be taken within thirty days thereafter.  (Ord. 158, §4.)

Sec. 4-5.  Fees.

        The fee to be paid for the services under this Ordinance to be rendered, shall be as follows to-wit:

                                For taking up and impounding each animal                   $2.00

                                For giving the notices as herein provided                       2.00

                                For keeping each animal mentioned, each day                1.00

(Ord. 158, §5.)

Sec. 4-6.  Cruelty to animals or fowl.

        If any person shall beat, injure, or treat any animal in immoderate, cruel and unnecessary manner, he shall be deemed guilty of a misdemeanor.  (Ord. 26, §11; 1977 Code)  (For penalty see Section 1-13.)

Sec. 4-7.  Animals disturbing the peace.

        (a) No person shall own, keep, harbor, or allow to be in or upon his premises any animal which by howling, barking, baying or yelping, shall disturb the peace of any person. Nor shall any person own, keep, harbor, or allow to be in or upon his premises any animal of 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 animal. Evidence that may be considered, 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 and the conditions in which the animals are kept.

        (b) Violation of this section shall be punishable by a fine not exceeding five hundred ($500.00) dollars, or a jail term not exceeding thirty (30) days or both such find and imprisonment.  (Ord. 633)

Secs. 4-8 to 4-11.  Reserved.

ARTICLE II

DOGS

DIVISION 1.  GENERALLY

Sec. 4-12.  Dogs running at large prohibited.

        It shall be unlawful for the owner of any dog to let such dog run at large, whether licensed or not, at any time within the corporate limits of the City of St. James, Missouri, and any dog or dogs found to be running at large shall be impounded by the dog warden of the City of St. James.

        (a)   For the purpose of this section, the term "At Large" is defined to be and means, off the premises of the owner of said dog, and not under the reasonable control of the owner or his agent.

        (b)   For the purposes of this Section, dogs shall be considered to be under the reasonable control if said dog is attached to a leash having a length not exceeding 8 feet, which the owner, or his agent, has attached to his or her hand or body.

        (c)   Violations of these sections shall be punishable by a fine not exceeding five hundred ($500.00) dollars, or a jail term not exceeding thirty (30) days, or both such fine and imprisonment.  (Ord. 444, §§1-4.)

Sec. 4-13.  Abandonment of dogs.

        It shall be unlawful for any person to abandon any dog within the corporate limits of the City of St. James or to permit any dog abandoned by him in the vicinity of the corporate limits of the City of St. James to stray within the corporate limits of said city.  Any person violating any of the provisions of this Section of this Ordinance shall be deemed guilty of a misdemeanor.  (Ord. 311, §12; 1977 Code)

Sec. 4-14.  Penalty.

        Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor.  (Ord. 311, §11;  1977 Code)  (For penalty see Section 1-13)  (Penalty also refers to Sections 4-20, 4-21, and 4-22.)

Secs. 4-15 to 4-19.  Reserved.

ARTICLE II

DOGS

DIVISION 2.  REGISTRATION

Sec. 4-20.  Registration and rabies immunization - Required.

        (a)   Registration required- It shall be unlawful for the owner of any dog to permit the same to be and remain within the city unless such owner shall have first caused such a dog to be registered by name and description and unless such owner shall annually pay the registration fee specified in this chapter.  (Ord. 311, §3.)

        (b)   Immunization required - No dog registration shall be issued unless and until the applicant therefor shall submit satisfactory evidence that the dog for which the license is to be issued has been immunized against rabies.  (Ord. 311, §4.)  (See Section 4-14 for penalty for violation of this Section)

Sec. 4-21.  Dog tax levied; records.

        A registration fee of one ($1.25) dollar and 25 cents for every dog over three months old owned or kept within the city, shall be levied and collected from the owner and keeper thereof, (the twenty-five cents to be the collectors fee,) for every twelve months or fraction thereof that any such dog is owned or kept in the city.  The registration fee shall be due and payable in advance on the first day of January of each year, and the registration filed upon the payment of such fee shall expire on the thirty-first day of December next succeeding the date of license.  (Ord. 311, §5.)

Sec. 4-22.  License tag.

        The owner or keeper of each dog within this city shall have placed around the neck of such dog, an appropriate metal or leather collar and shall attach to the collar a metallic or plastic registration tag for the current year, which tag shall be provided by the city collector at the time the annual registration is paid.  Such tag shall have the registration number stamped thereon, and the owner or keeper of such dog, in addition to such tag, shall also be given a certificate upon which shall appear the registration number, the year for which same was granted, the name and residence of the owner or keeper and the name, sex, and description of the dog for which the registration was issued.

        A tag shall not be transferred from the dog to which it was issued to another dog.  (Ord. 311, §6.)

Secs. 4-23 to 4-27.  Reserved.

ARTICLE II

DOGS

DIVISION 3.  IMPOUNDMENT

Sec. 4-28.  Dog warden.

        The mayor may, for and on behalf of the city, enter into a contract of employment with some suitable person who shall perform the duties of dog warden within the city.  A copy of such contract, before execution, shall be submitted to the city council for approval.  Such contract shall provide for the duties, obligations, and remuneration of the dog warden or the person so employed as dog warden by such contract shall be commissioned as a special policeman by the mayor and shall have the rights and powers thereof, while actually engaged in the work of enforcing this Article.  (Ord. 311, §2.)

Sec. 4-29.  Impoundment; authority.

        Dogs found running at large within the city in violation of any of the provisions of this article shall be taken up and impounded by the warden, police or other persons employed by the city for that purpose.  The place of impounding shall be a suitable place designated and provided for by the city council, and the name and address of the location of such place shall be publicly displayed by posting a bulletin containing such information in the office of the city clerk.  The owner of any licensed dog so impounded shall receive notice of such impoundment by the dog warden.  (Ord. 311, §7.)

Sec. 4-30.  Disposal of animals; pound fees.

        (a)Holding impounded dogs- The owner or keeper of any dog taken up and impounded pursuant to this article may redeem such dog at any time within four days after the same shall have been impounded by the payment to the city clerk, a redemption or impounding fee of one dollar per day for each day impounded.  The impounding or redemption fee shall be paid into the city treasury.  The city clerk, upon receipt of such redemption or impounding fee and of such other sums as may be due in any given case, shall issue to the owner or keeper of such dog an appropriate release slip authorizing the custodian of the impounded dog to deliver same to the person presenting such release slip.  Dogs so taken up and impounded shall be slain or caused to be slain in a humane manner by the Warden or other person designated by the city for that purpose, after the expiration of the four day impoundment period provided for herein or after four days notice to owner of licensed dogs.  (Ord. 311, §8.)

        (b)  Releasing impounded dogs  - The keeper of any dog taken up and impounded pursuant to this Article shall submit satisfactory evidence that such dog has been immunized for rabies prior to the date of impounding or as a condition to the release, that such dog shall be immunized within three days after release.  (Ord. 311, §9.)

Sec. 4-31.  Impoundment of rabies suspects.

        Any dog which exhibits clinical symptoms of rabies may, after notice is given to the owner, be impounded by the dog warden on or off of the property of the owner.  The animal may be held for ten days at the city's impounding facilities for clinical observation and if alive and free from rabies at the expiration of that period, shall be returned to the owner at no expense.  However, if such animal develops symptoms suggestive of rabies, it shall be allowed to die a natural death or, if the animal should die which in confinement for any reason, the head of such animal shall be removed by a veterinarian and submitted to any qualified official laboratory.  (Ord. 311, §10.)

Secs. 4-32 to 4-33.  Reserved.

DIVISION 4.  PIT BULL DOGS

Sec. 4-34.  Definition.

  Pit bull dog is defined to mean:

       (a) The bull terrier breed of a dog;
       (b) Staffordshire bull terrier breed of a dog;
       (c) The American pit bull terrier breed of a dog;
       (d) The American Staffordshire terrier breed of a dog;
       (e) Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
       (f) Any dog which has the appearance and characteristics of being predominantly of the breeds of the bull terriers, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, and any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds. (Ord. 887, §1)

Sec. 4-35. Licensing.

       With respect to pit bull dogs licensed with the City, on the effective date of the passage of this ordinance, the keeping of such dogs shall be subject to the following limitations, requirements and conditions:

       (a) Registration. Within thirty (30) days after the passage of this ordinance, every keeper or owner of a pit bull in the City shall register the dog. Failure to do so register shall constitute a violation of this ordinance. Notice of this requirement shall be given by posting a copy of this ordinance on the bulletin board of the City Hall.

       (b) Leash and muzzle. No person shall permit a registered pit bull to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash and dog. Such dog may not be leashed to objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such a dog from biting persons or other animals.

       (c) Confinement. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel , except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides must be embedded in the ground no less than one (1) foot. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. No pit bull dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

       (d) Signs. All owners keepers or harborers of pit bull dogs within the City shall, within ten (10) days of the effective date of this section, display in a prominent place on their premises a sign, reading in letters not less than two (2) inches high, "Beware Pit Bull Dog Here," and easily readable by the public. In addition, a similar sign is required to be posted on the kennel or pen of such animal.

       (e) Insurance. All owners, keepers or harborers of pit bull dogs must within thirty (30) days of the effective date of this ordinance, provide proof to the police chief of insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the St. James Police Department.

       (f) Reporting requirements. All owners, keepers or harborers of pit bull dogs must, within ten (10) days of any of the following incidents, report said information in writing to the police department.
              (1) The removal from the City or death of a pit bull dog;
              (2) The birth of offspring of a pit bull dog;
              (3) The new address of a pit bull dog owner should the owner move from one address within the corporate city limits to another address within the corporate city limits.

       (g) Sale or transfer of ownership. No person shall sell, barter or in any other way dispose of a pit bull dog to any person within the City, provided that the owner of a pit bull dog may sell or otherwise dispose of a dog or the offspring of such dog to persons who do not reside within the City.

       (h) Animals born registered hereunder. All offspring born of pit bull dogs within the City must be removed from the City within six (6) weeks of their birth.

       (i) Failure to comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog within the City to fail to comply with the limitations, requirements and conditions set forth in this section. Any dog found to be the subject of a violation of this ordinance shall be subject to revocation of the license and immediate seizure and impoundment. The owner shall be required to take necessary action to dispose of such pit bull.

       (j) Violations and penalties. Any person violating or permitting the violation of any provision of this ordinance shall, upon conviction in municipal court, be fined a sum not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00). In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed ninety (90) days. In addition, the court shall order the license of the subject pit bull revoked and the dog removed from the City. Should the defendant refuse to remove the dog from the City the municipal court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this ordinance continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this section.

       (k) Sale, delivery or adoption. It shall be unlawful for any pet store, dog kennel, humane society or any other agency to adopt, sell or otherwise deliver any pit bull dog as defined herein, to any person who resides within the corporate city limits. (Ord. 887, §2)

Sec. 4-36. Reserved.

ARTICLE III

CATS

Sec. 4-37.  Cats running at large - Unlawful.

        It shall be unlawful for the owner of any cat to permit it to run at large within the city limits of St. James, Missouri.  Any cat running at large on other individuals property may be apprehended by the owner of the property in a humane manner or by the use of a trap loaned by the city.  (Ord. 483, §1.)

Sec. 4-38.  Impoundment of cats; pound fees.

        Cats apprehended may be impounded in the city pounds and reclaimed by the owners within five days at a cost of two ($2) dollars for each day of impoundment.  (Ord. 483, §2.)

Sec. 4-39.  Disposal of unclaimed cats.

        Cats impounded for more than five (5) days and not claimed by the owners may be humanely destroyed by a veterinarian or a qualified person designated by the city.  (Ord. 483, §3.)

Secs. 4-40 to 42-44.  Reserved.

ARTICLE IV

ABUSE AND NEGLECT OF ANIMALS

Sec. 4-45. Definitions:

  • “Adequate care”, normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal;
  • “Adequate control”, to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property;
  • “Animal”, every living vertebrate except a human being;
  • “Animal shelter”, a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization devoted to the welfare, protection, and humane treatment of animals;
  • “Farm animal”, an animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber;
  • “Harbor”, to feed or shelter and animal at the same location for three or more consecutive days;
  • “Humane killing”, the destruction of an animal accomplished by a method approved the American Veterinary Medical Association’s Panel on Euthanasia(JAVMA 173: 59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed;
  • “Owner”, in addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal;
  • “Person”, any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity;
  • “Pests”, birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.

(Ord. 927)

Sec. 4-46. Animal neglect and abandonment.

         (a) A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control, which results in substantial harm to the animal.

        (b) A person is guilty of abandonment when he has knowingly abandoned an animal in any place without making provisions for its adequate care.

        (c) In addition to any other penalty imposed by this ordinance, the court may order a person found guilty of animal neglect or abandonment to pay reasonable costs incurred for the care and maintenance of neglected or abandoned animals, or for the disposal of any dead or diseased animals within the person’s custody or ownership, or the reduction of resulting organic debris affecting the immediate area of the neglect or abandonment and for the avoidance or minimization of any public health risks created by the neglect or abandonment of the animal or animals. These costs shall be paid within the time prescribed by the court. (Ord. 927)

Sec. 4-47. Animal abuse.

         A person is guilty of animal abuse when a person purposely or intentionally causes injury or suffering to an animal. (Ord. 927)

Sec. 4-48. Neglected or abused animal not to be returned to owner or custodian, when.

         If a person is adjudicated guilty of the crime of animal neglect or animal abuse and the court having jurisdiction is satisfied that an animal owned or controlled by such person would in the future be subject to such neglect or abuse, such animal shall not be returned to or allowed to remain with such person, but its disposition shall be determined by the court. (Ord. 927)

 Secs. 4-49 to 4-53. Reserved.