2006
Revised Version Animal Control Ordinance
SECTION
230.050 - DEFINITIONS
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)
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SECTION
230.060 REGISTRATION REQUIRED
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)
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SECTION
230.070 INSURANCE OF RABIES
CERTIFICATE PREREQUISITE
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.
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SECTION
230.080 FEE
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)
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SECTION
230.090 TERM OF LICENSE
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)
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SECTION
230.100 CERTIFICATE
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)
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SECTION
230.110 CHANGE OF OWNERSHIP AND NEW
RESIDENTS
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 owners name. (Ord.
No. 390 Art ffl)
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SECTION
230.120 UNLAWFUL POSSESSION OF BLANK
FORMS
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)
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SECTION
230.130 FEE COLLECTION
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)
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SECTION
230.150 RUNNING AT LARGE PROHIBITED
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)
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SECTION
230.160 SAME-DECLARED = NUISANCE
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)
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SECTION
230.170 ADDITIONAL
RESTRAINT-PROCLAMATION OF MAYOR
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)
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SECTION
230.180 SAME-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)
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SECTION
230.190 FIERCE OR DANGEROUS DOGS
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)
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SECTION
230.200 ABANDONING DOGS OR CATS
It
shall be unlawful for nay person to
abandon any dog or cat within the City
of permit any dog or cat abandoned by
him in the vicinity of the City to stray
within the corporate limits of the City
of
Pevely
,
Missouri
.
No
owner or keeper of may animal subject to
rabies shall abandon such animal in the
City of
Pevely
,
Missouri
. (Ord. No. 390, Art. IV)
________________________________________________________________________
SECTION
230.210 DISPOSAL OF DEAD DOGS OR
CATS
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 (Ord. No. 390,
Art IV)
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SECTION
230.220 POUND
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)
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SECTION
230.230 TREATMENT, ETC., OF
IMPOUNDED DOGS OR CATS
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)
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SECTION
230.240 IMPOUNDING OF DOGS, CATS OR
OTHER ANIMALS AT LARGE
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 owners
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)
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SECTION230.250
UNLAWFUL CONCEALMENT AND
INTERFERENCE WITH ANIMAL CONTROL OFFICER
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.
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SECTION
230.260 REDEMPTION AND DISPOSAL OF
IMPOUNDED DOGS, CATS OR OTHER ANIMALS
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 (3rd) offense, to then
owner after a pick-up fee is paid as
follows:
1st
Offense
..$15.00
2nd
Offense
..$25.00
3rd
Offense
..$50.00
Any
animal found not registered at the time
of impoundment may be released, up to
the third (3rd) offense, to
their owner after a pick-up fee is paid
as follows:
1st
Offense
..$25.00
2nd
Offense
.$50.00
3rd
Offense
..$100.00
Any animal
picked up for the fourth (4th
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 owners 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.
________________________________________________________________________
SECTION
230.270 EMERGENCY EUTHANASIA
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)
________________________________________________________________________
SECTION
230.280 BARKING AND MENACING DOGS
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)
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SECTION
230.290 CRUELTY TO ANIMALS
Any
person who cruelly, in a willful and
malicious manner, kills, maims, wounds,
beats or tortures any animal; or any
person who impounds or confines or
causes to be impounded or confined any
animal and fails to supply the animal
during such confinement with sufficient
food and water; or any owner or keeper
of an animal who shall unnecessarily
fail to provide the animal with proper
food, drink, shelter or protection from
the weather or any owner or keeper of an
animal who shall cruelly abandon the
animal to die; or any keeper or owner of
any animal who shall cause or knowingly
permit the animal to be treated in any
such manner as specified in this section
shall upon conviction be deemed guilty
of a violation of this Section and shall
be fined as provided in Section 230.330.
(Ord. No. 556)
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SECTION
230.300 DOGS RUNNING LOOSE AND
UNMUZZLED NEAR PUBLIC SCHOOLS PROHIBITED
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)
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SECTION
230.310 KENNEL OPERATION LICENSE
REQUIRED, FEE FOR SAME
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 (31st)
day of December each year. The license
fee shall be twenty dollars ($20.00) per
year. (Ord. No. 390 Art. V)
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SECTION
230.320 KENNEL REGISTRATION FEES
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).
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SECTION
230.330 PENALTY FOR VIOLATION
Any
person violating any of the provisions
hereof shall, upon conviction, be deemed
guilty of a misdemeanor and may be
punished by a fine of not less than one
hundred dollars ($100.00) nor more than
five hundred dollars ($500.00).