AT LARGE – A dog, cat or other animal shall be deemed to be at large when it is off the property of its owner and not under the restraint of a competent person.

CAT – All domesticated species or varieties of the genus felis, male of female, six (6) months of age or older.

COMPETENT PERSON – One who can control the animal and to whom the animal gives obedience.

DOG – All Domesticated member of canis familaris, male or female, six (6) months of age or older.

EUTHANIZE – To destroy a dog, cat or other animal in a humane manner.

EXPOSED TO RABIES – A dog, cat or other animal whether or not it has been vaccinated against rabies, has been exposed to rabies within the meaning of this Chapter, if it has been bitten by or exposed to a possible bite by any animal known to have or suspected of having rabies.

HOUSEHOLD -  Those members of a family, including foster children, servants, and attendants, living in the same dwelling unit.

IMPOUND, CONFINED, CONFINEMENT – The secure penning of a dog, cat or other animal so as to effectively separate the animal from adult, child or other animal.

KENNEL – Any person, persons, group or corporation engaged in breeding, buying, selling, sheltering, or boarding of dogs or cats, whether for pleasure of for profit, breeding or exhibiting shall be deemed to be the operator of a kennel. 2000 Land Use/Zoning Code Regulations for the City of Pevely General Provisions defines a kennel as: Kennel – Any lot of which three or more dogs and/or cats at least four months of age are kept.

KITTEN – All domesticated species or varieties of the genus feline, male of female, under six (6) months of age.

OTHER ANIMAL – Any warm blooded animals, including but not limited to wolves, skunks, fox or opossums.

 

OWNER – Includes any person, firm or corporation which owns, harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog, cat or kennel; the occupant of any premises on which a dog or cat remains for a period of ten (10) days or to which it customarily returns daily for a period of ten (10) days, presumed to be harboring, sheltering or keeping the aforementioned dog or cat, within this definition. If a minor owns a dog, puppy, cat, kitten or other animal subject to the provisions of this Chapter, the head of the household of which said minor is a member, shall be deemed to be the owner of such dog, puppy, cat, kitten or other animal for the purpose of this Chapter and under this Chapter shall be responsible as the owner, whether or not such household head is himself minor. A person, firm or corporation receiving a dog, cat or other animal for temporary care while ill, or for safe keeping, shall not be deemed to be the owner of said animal.

POUND – Any premises designated by the City of Pevely for the purpose of impounding and caring for all dogs, cats or other animals found to be or suspected of being in violation of this chapter.

PUP OR PUPPY – All domesticated members of canis familaris, male or female, under six (6) months of age.

REGISTRAR – The City Clerk or authorized representative.

REGISTRATION CERTIFICATE – A certificate issued at the time the fee is paid, bearing a registration number, the name, color, breed and sex of the animal, the name of the veterinarian administering the vaccination for rabies, the date of said vaccination, the name and address of the owner and the date of registration.

REGISTRATION, REGISTERED – The providing of the necessary information to the Registrar for completion of the Registration Certificate, in triplicate, and payment of fee for same. The work registration in this Chapter refers to the procedure as it applies to one specific dog, cat or other animal.

RESTRAINT – An animal is under restraint within the meaning of this Chapter if it is controlled by a leash not more than sex (6) feet long or is a “heel” beside a competent person, or is carrying out instructions of a competent person as a bird dog or hound in hunt, or a police dog at work, or on or within a vehicle being driven or parked on a street or road, or on the property of his owner. (Ord. No. 390 Art. II)

Any person owning, controlling or having car or custody of any dog, cat or other animal over the age of six months in the City of Pevely shall obtain a Registration Certificate therefore in accordance with the provisions of this Chapter (Ord. No. 390 Art. I)

The Registration Certificate required by the preceding Section shall be issued by the City Clerk upon the presentation of a certificate of a competent licensed veterinarian that the dog, cat or other animal for which license is to be obtained has been vaccinated for rabies

There shall be a one (1) time registration fee of two dollars and fifty cents ($2.50) for each animal registration. The registration must be renewed every year. (Ord. No. 453; Ord. No. 740, 04-06-1992)

The certificate required in Section 230.060 of this Chapter shall be issued for the twelve (12) month period from July 1 for June 30. (Ord. No. 390 Art. E1)

The Registrar shall, upon application for the registration certificate required in Section 230.060 of this Chapter, record the rabies vaccination tag number, the name of the veterinarian where said vaccination was given, the date of said vaccination, the name, color, breed and sex of the animal, the name and address of the owner and the date of such registration.

The Registrar shall execute the registration certificate, in triplicate, giving one (1) copy to the owner of the animal and forwarding two (2) copies of said certificate to the office of the Animal Control Officer where two (2) files shall be maintained, a file by registration number and file by alphabetical listing of owners names. (Ord. No. 390 Art IH)

When a change in ownership occurs, or a dog, cat or other animal is brought into the City of Pevely from another State, County or City, to remain for more than forth-five (45) days, the requirements of these regulations must be met. A change in ownership of a dog, cat or other animal previously registered in the City of Pevely will require the new owner to contact the Animal Control Officer for the issuance of the new registration certificate in the new owner’s name. (Ord. No. 390 Art ffl)

It shall be unlawful for anyone other than the City Clerk or authorized representative to have in his possession blank registration forms (Ord. No. 390)

Any fees collected by the Animal Control Officer and the City Clerk from the sale of registration certificates and for the care of dogs, cats or other animals impounded or by the sale of said impounded dogs, cats or other animals as provided in the following Sections of this Chapter shall be deposited in the General Fund of the City of Pevely. (Ord. No. 390 Art. HI)

It shall be unlawful for any owner or keeper of any dog, cat or other animal to suffer or permit such dog, cat or other animal to run at large upon any public sidewalk, street, alley, thoroughfare or any public way or public place, or on the premises of any person other than the premises of the owner of keeper of such dog, cat or other animal, within the City of Pevely, Missouri. (Ord. No. 390 Art. IV)

It is hereby declared to be a nuisance for any dog, cat or other animal to be running at large, on any of the streets, alleys, highways, or other public places in the City of Pevely , or on any premises not in the actual possession and control of the owner or keeper of such dog, cat or other animal. (Ord. No. 390 Art IV)

The Mayor may, at his discretion, issue a proclamation providing for additional restraint of dogs, cats or other animals whenever the safety of inhabitants of the City may require, Such proclamation shall notify all persons within the City owning or having possession or control of any dog, cat or other animal to muzzle any such dog or to keep such dog, cat or other animal securely restrained. (Ord. No. 390 Art. IV)

DOGS AT LARGE MAY BE KILLED IN PURSUIT; DISPOSITION OF HEAD OF DOGS KILLED, ETC

 

During the period of a Proclamation as provided in Section 230.170, the Animal Control Officer, the City police or any other City employee designated to assist the Animal Control Officer by the Mayor, may kill any dog, cat or other animal running at large in violation of Section 230.150, when it is necessary to the catching of any such dog, cat or other animal. When such animal is killed or dies in custody of the Animal Control Officer, they shall transmit the head of such animal to the Division of Health of the State or such institution or person as it may designate or approve for the purpose of determining the presence or absence of rabies. (Ord. No 390 Art IV)

It shall be unlawful for any person within the City to keep or suffer to be kept on or about their premises any fierce or dangerous dog, or to suffer or permit the same to go at large in the City to the danger, annoyance or alarm of any person. (Ord. No. 390, Art IV)

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

Animal neglect or animal abandonment are ordinance violations.  For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed.  For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed.  All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. 

In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:

     1.     The care and maintenance of neglected or abandoned animals within the person's custody
             or ownership;

     2.     The disposal of any dead or diseased animals within the person's custody or ownership;

     3.     The reduction of resulting organic debris affecting the immediate area of the neglect or
             abandonment; and

     4.     The avoidance or minimization of any public health risks created by the neglect or abandonment
             of the animals.

A person is guilty of animal abuse when a person:

     1.     Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from
             the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;

     2.     Purposely or intentionally causes injury or suffering to an animal; or

     3.     Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.

          
Note--Under certain circumstances this offense can be a felony under state law. 

The City shall provide suitable facilities for the impoundment of any dog, cat or other animal taken to be impounded in accordance with the provisions of this Chapter though a contractual agreement with Jefferson County, Missouri. (Ord. No. 308)

All dogs or cats taken into custody or impounded under the provisions of this Chapter shall be treated humanely and the destruction of any dog or cat under the provisions of this Chapter shall be done in a manner that will prevent the suffering of nay dog or cat so far as the same may be accomplished, in a manner consistent with the health, safety and welfare of the citizens of this City. (Ord. No. 390 Art. IV)

It shall be the duty of the Animal Control Officer, or his assistants or persons authorized by the Mayor and Board of Aldermen, to take up and impound all dogs, cats or other animals running at large in the City of Pevely, Missouri, as follows: Dogs, cats or other animals at large, wearing an expired registration tag and any dog, cat or other animal without a tag shall be deemed not registered and shall be impounded.

All female dogs, registered or unregistered, not securely confined in a enclosed place while in heat.

All dogs, cats or other animals infected or suspected of being infected with rabies and all dogs, cats or other animals exposed to or suspected by the Animal Control Officer of being exposed to or infected with rabies, including dogs, cats or other animals known to have been bitten by a rabid animal, whether the dog, cat or other animal to be impounded is running at large or on a leash or whether confined to its owner’s premises. All unconfined or unleashed animals with vicious propensities or suspected of being vicious.

Dogs, cats or other animals which have bitten or attacked a person or other animal, or which have been bitten by a dog, cat or other animal suspected of having rabies. (Ord. No. 390, Art IV)

It shall be unlawful for any person to conceal a dog, cat or other animal or interfere with the Animal Control Officer of his representative in the performance of their legal duties of enforcing these regulations. The Animal Control Officer or their representative shall have the right to enter onto any unenclosed lots or lands for the purpose of collecting any dog, cat or other animal which is in violation of these regulations. The Animal Control Officer or their representative shall have the right of entry to any property or premises within any quarantined area during the period of such quarantine for the purpose of examining or obtaining any dog, cat or other animal suspected of having rabies, which have been exposed to rabies or have bitten a person or other animal.

No person hall refuse permission for the Animal Control Officer to pick up any dog, cat or other animal subject to rabies, which such person owns or has custody of, when such request is made under provision of this Chapter. It shall be the responsibility of anyone bitten or attacked by a dog, cat or other animal surrender, deliver, or give a dog, cat or other animal to a humane society or other organization for the purpose of having the dog, cat or other animal destroyed shall be considered in violation of this Chapter if such person misrepresents any facts concerning the dog, cat or other animal or withholds vital information concerning the dog, cat or other animal or falsifies any statement he may sign at the time of surrendering the dog, cat or other animal.

An owner shall be entitled to resume possession of an impounded dog, cat or other animal after it is found not to be infected with rabies, except as provided in Subsection E though H in the case of certain dogs, cats or other animals and upon compliance with the provisions of this Chapter, if this applies, and the payment of impoundment fee of ten dollars ($10.00) per day confined to the pound.

Every animal impounded under these regulations found upon arrival at the pound to be diseased or injured and whose owner is unknown or relinquishes ownership in writing, shall be immediately euthanized unless there is reason to believe the animal has bitten a person or other animal, in which case the impounded animal shall be kept ten (10) days from the date of said biting. If the impounded animal dies with then (10) days, its head shall be submitted to the Division of Health of the State or such institution of person as it may designate or approve, for the purpose of determining the presence or absence of rabies virus.

Any dog, cat or other animal that has bitten or been bitten by a rabid animal or by any animal suspected of having rabies shall be destroyed unless the owner, at his own expense, elects one of the following options:

1. Strict isolation in a kennel or animal hospital for six (6) months when the animal has been adequately vaccinated for rabies within a year.

2. If the dog, cat or other animal has been adequately vaccinated for rabies within the past year of the exposure, the animal shall be re-vaccinated and confined securely at home for thirty (30) days. (Ord. No. 390, Art IV: Ord. No. 453; Ord. No. 740, 04-06-1992)

Any animal found registered at the time of impoundment may be released, up to the third (3^rd) offense, to then owner after a pick-up fee is paid as follows:

1^st Offense……………………………..$15.00

2^nd Offense……………………………..$25.00

3^rd Offense……………………………..$50.00

Any animal found not registered at the time of impoundment may be released, up to the third (3^rd) offense, to their owner after a pick-up fee is paid as follows:

1^st Offense……………………………..$25.00

2^nd Offense…………………………….$50.00

 3^rd Offense……………………………..$100.00

Any animal picked up for the fourth (4^th offense, whether resisted or not, shall not be released to the owner until a complaint has been signed with the Municipal Court and summons has been issued for the owner’s appearance in Court.

When ownership of an impounded animal cannot be established or when an owner has relinquished their rights to a dog, cat or other animal, in writing and when the Animal Control Officer finds that the public interest will not be jeopardized by so doing, they may release or sell such dog, cat or other animal. Registration (Sections 230.060 to 230.130), is such is applicable and pay the impoundment fee of ten dollars for each day impounded.

Any dog, cat or other animal impounded under authority of Section 230.240, if not claimed by owner or released by the direction of the Animal Control Officer within five (5) days, such animal will be available for adoption or shall be humanely euthanized. No animal, living or dead, shall be sold, given, conveyed or otherwise transferred to laboratories or other institutions for the purpose of research, or to dealers of any individuals who supply animals to such institutions for research purposes. If there is a reason to believe the animal has bitten a person or other animal, in which case the impounded animal shall be kept ten (10) days from the date of the biting.

Adoption – The adopted animal must be registered with the City of Pevely within seventy-two (72) hours of being released to the new owner.

Any dog, cat or other animal exhibiting objective signs or symptoms suggestive of rabies or which bites any person hassle be impounded by the Animal Control Officer or their representative and held for ten (10) days for clinical observation and if alive and well at the end of this period, returned to the owner on payment of impoundment fee of ten dollars ($10.00) for each day and further provided, that registration of the animal be secured at the owners expense, if such has never been done more than a year previous to impoundment.

If the animal owner so elects, the impoundment required in Subsection E, may be carried out in any veterinary hospital in the County but at the expense of the owner.

Any animal disabled beyond recovery from disease which poses a threat to the citizenry as determined by a Public Health Official, Law Enforcement Official, Veterinarian or the Animal Control Officer may be humanely euthanized by a licensed Veterinarian. (Ord. No.  390, Art. IV)

It shall be unlawful for any person or persons to keep or harbor upon his premises any dog or dogs that shall by loud or frequent baking, yelping or howling cause annoyance to the neighborhood, or at least two (2) separate property owners or occupants within the immediate vicinity.

Any person violating the above provision shall, upon conviction, be deemed guilty of a misdemeanor and punished as provided by Section 230.330. (Ord. No. 553; Ord. No. 740, 04-06-1992)

Whenever rabies becomes prevalent in the City, the Mayor shall, according to the necessity of the case, issue a quarantine order requiring every owner or person in charge of any dog or dogs within the limits of the City to either kill or impound his/her dog or dogs or to have such dog or dogs immunized.  Said order shall be published once in the paper officially publishing the business of the City and, in the absence of such paper, shall be posted as in case of sales of personal property.  The Mayor is authorized by proclamation to terminate any such quarantine whenever, in his/her judgment, the necessity for it no longer exists.

It shall be unlawful for any person to dump or abandon the body or carcass of a dead dog or cat; disposing of dead dogs or cats shall be by the supervision of the Animal Control Officer. (R.O. 2004 §230.210; CC 1990 §230.210; Ord. No. 390 Art. IV, 8-27-80)

It shall be unlawful for anyone to permit or allow any dog to run loose without a muzzle at any place within one hundred (100) yards of any public school in the City of Pevely . The violation of this Section shall be deemed a misdemeanor punishable by the fine up to one hundred dollars ($100.00) for each violation. (Ord. No. 108)

The operator of a kennel shall be licensed by the City of Pevely with said license commencing on the first (1st) day of January and expiring on the thirty first (31) day of December each year. The license fee shall be twenty dollars ($20.00) per year. (Ord. No. 390 Art. V)

The operator of a kennel, upon presentation of appropriate valid vaccination certificates for each animal, shall pay to the City a fee of fifteen dollars ($15.00) for the first ten (10) animals registered. Each additional animal shall be registered at the rate of one dollar ($1.00).

A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.

As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.

The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties. 

Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property.  The provisions of this Section shall not apply to a guide dog accompanying any blind person.