City Clerk

Chapter 4

ANIMALS AND FOWL

Art I. In General, §§ 4—1—4-27

Art II. Domestic Pets, §§ 4—28—4—55

ARTICLE I. IN GENERAL*

Sec. 4—1. Cruelty to animals.

No person shall overdrive, overload, drive when overloaded, ill—treat, torture, torment or unnecessarily or cruelly beat or needlessly mutilate or kill, or cause or procure to be over—driven, overloaded, driven when overloaded, ill—treated, tortured, tormented or unnecessarily or cruelly beaten, or needlessly mutilated or killed, any dumb animal. (Gen. Ords. 1959, § 52.35)

Sec. 4—2. Protection of birds.

No person shall injure, molest, take or disturb in any way any small birds, except sparrows, hawks, vultures and owls, or the nest eggs or the young of any such small birds. (Gen. Ords. 1959, § 52.38)

Sec. 4-3. Abandonment of animals.

Except as otherwise authorized in this Code, no person shall release, abandon or leave any animal in any place without making provisions for its adequate care or without the apparent intent to recover or resume custody of the animal. (Ord. No. 8565, §1, 11-21-96)

Secs. 4—4. Reserved.

Sec. 4—5. Keeping more than three cats to constitute a nuisance; exception.

The keeping, harboring or housing on any one premises within the city of more than three (3) cats shall constitute a nuisance and shall be subject to the procedures established in this Code for the abatement of nuisances, except upon the occasion of the birth of a litter of cats, in which event, the litter may be kept together with their mother until they reach the age of two (2) months. (Gen. Ords. 1959, § 31.09 (19); Ord. No. 5150, § 1, 1—11—68)

Sec. 4—6. Poultry not to run at large.

Owners of poultry in the city shall keep the poultry confined upon their own premises. (Gen. Ords. 1959, § 52.42)

Sec. 4—7. Livestock at large: Prohibited; impoundment; sale.

(a) No owner or person having charge of any horse, cow, swine, goat or other grazing animal, shall permit the animal to go at large in any street or public place.

(b) Any horse, cow, swine, goat or other cattle found running at large shall he taken up by the chief of police and placed in some secure pen or pound, and he shall sell the animal at public auction to the highest bidder for cash, after first having given three (3) days', notice, by advertisement in the newspaper doing the city printing, or by posting notices in four (4) public and conspicuous places in the city of the time and place of the sale. The money arising therefrom shall, after the expense of taking up, keeping and selling the animal are deducted, be paid over to the owner on his proving to the chief of police that the animal belonged to him. If no owner appears within thirty (30) days after the sale, the money, after deducting the cost aforesaid, shall be paid into the city treasury. (Gen. Ords. 1959, § 52.36)

Sec. 4—8. Keeping livestock in stable, stockyard, or stockpen—Definitions.

For the purposes of sections 4—8 through 4—10, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Livestock: Any horse, cattle, swine, goat, or other animal belonging to the same genus as any of the above—stated animals.

Livestock yard: Any area serving as a pen, stable, dairy, yard, slaughterhouse, or other enclosure in which livestock is kept or maintained. (Ord. No. 6515, § 1, 12—20—79)

Sec. 4—9. Same—Location restrictions; limitations on number of animals permitted.

No livestock yard shall be maintained within one hundred (100) feet of any residential building or dwelling, other than a residential building or dwelling owned or occupied by the owner of said livestock yard. The livestock yard shall be a minimum of five—tenths (0.5) acre for the first animal; one and five—tenths (1.5) acres for any additional animal; and two (2) acres for a third animal. Any number above three (3) would require a special use exception. (Ord. No. 6515, § 2, 12—20—79)

Sec. 4—10. Same—Conformity with other applicable ordinances.

Sections 4—8 and 4—9 shall be enforced and construed in conformity with any and all other ordinances regulating the keeping or maintenance of any animal, livestock yard, or a nuisance. (Ord. No. 6515, § 3, 12—20—79)

Secs. 4—11—4—27. Reserved.

ARTICLE II. DOMESTIC PETS*

Secs. 4—28, 4—29. Reserved.

Sec. 4-30. Maximum number of dogs which may be kept.

No person shall keep, harbor or house on his premises or the premises of others within the city, more than three (3) dogs, except upon the occasion of the birth of a litter of dogs, when the litter may be kept together with their mother until they reach the age of six (6) months and shall he weaned from their mother. (Gen. Ords. 1959, § 32.04)

Sec. 4—31. Reserved.

Sec. 4—32. Quarantine authorized for rabies protection; duties of the director of public works;

 quarantine requirements.

(a) Whenever rabies becomes prevalent in the city or in an area that is immediately adjacent to the city, the director of public works or his authorized representative, at such time as he deems it necessary for the protection of public peace, health, and safety against rabies, shall recommend a quarantine order to the chief administrative officer, who may then issue a quarantine order pursuant to such recommendation. If the chief administrative officer issues a quarantine order, such order shall remain in effect for thirty (30) days, unless otherwise extended by order of the council.

(b) The director of public works or his authorized representative, during the first week after a quarantine order is issued, shall take proper measures to inform the people of the city of the existence of the quarantine order and of the penalties attached to the violation of the quarantine order. A quarantine order shall direct that all dogs, whether vaccinated or registered according to the provisions of this article or not, shall be confined in the home of the owner of the dog, or tied up or placed on a leash under the direct physical control of a competent person, not less than fifteen (15) years of age. Any dog found otherwise, during such a quarantine, shall be impounded.

(c) Dogs and other animals subject to rabies which are impossible to capture or impound after the exercise of reasonable efforts and diligence shall be destroyed, if the director of public works or his authorized representative so designates.

(d) The quarantine may be terminated by the council upon the recommendation of the director of public works or his authorized representative after the necessity therefor no longer exists. No quarantine shall remain effective for more than six (6) months from the date of the adoption of the quarantine order unless the quarantine order is specifically extended by order of the council. (Gen. Ords. 1959, § 32.06; Ord. No. 5132, § 5, 11—9—67; Ord. No. 6958, § 2, 11—4—82; Ord. No. 7498, § 1, 3—13—86; Ord. No. 7499, § 1, 3—13—86)

Sec. 4—33. Animal Waste removed by owner.

1. It is unlawful for any person owning or in control of any animal to allow or permit such animal to defecate upon any public property, street right-of-way, alley, sidewalk, condominium or subdivision common area or private property of another, unless the person owning or in control of the animal immediately removes and properly disposes of all waste deposited by the animal. (Ord. No. 8653, § 1, 9—4—97)

Sec. 4—34. Female dogs in heat to be kept in an enclosed place.

All female dogs in heat shall be kept securely confined in an enclosed place. (Gen. Ords. 1959, § 32.08)

Sec. 4—35. Interfering with persons enforcing this article.

It shall be unlawful for any person to conceal any animal or interfere with the director of public works or his authorized representative, the city marshal, any police officer, or any animal control officer in the performance of their legal duties in connection with the enforcement of any of the provisions of this article. (Gen. Ords. 1959, § 32.14; Ord. No. 6958, § 2, 11—4—82; Ord. No. 7499, § 1, 3—13—86; Ord. No. 7686, § 1a, 9—3—87)

Sec. 4—36. Penalty for violation of chapter.

(a) Any person violating any of the provisions of this chapter shall, upon conviction, be deemed guilty of an offense, and shall be punished by a fine as provided in subsection (b), or by imprisonment in the city jail for a period not exceeding three (3) months or by both such fine and imprisonment.

(b) The fine schedule shall be a minimum of ten dollars ($10.00) for the first offense within a twelve—month period; twenty dollars ($20.00) for the second offense within a twelve—month period; and fifty dollars ($50.00) for the third offense within a twelve—month period.  However, the maximum fine which may be levied for any offense whether the first, second, third or a subsequent offense shall be one hundred dollars ($100.00). (Ord. No. 5132, § 7, 11—9—67; Ord. No. 6066, § 3, 1—6—77)

Sec. 4—37. Definitions.

For purposes of this chapter the following definitions shall apply:

(1) Dog: All domesticated members of the canis familaris, male or female, four (4) months of age or older.

(2) Pup or puppy: All domesticated members of the canis familaris, male or female, under four (4) months of age.

(3) Cat: All domestic species or varieties of the genus felis, male or female, four (4) months of age or older.

(4) Kitten: All domestic species or varieties of the genus felis, male or female, under the age of four (4) months.

(5) Owner includes any person who, or 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 seven (7) days or to which it customarily returns daily for a period of ten (10) days is presumed to be harboring, sheltering or keeping the aforementioned dog or cat, within this definition. Under no circumstances are the normal and ordinarily accepted definitions of the terms harboring, sheltering or keeping, to be limited to the words of the aforementioned presumption. If a minor owns a dog, cat or other animal subject to the provisions of this chapter, the head of the household of which such minor owner is a member shall be deemed to be the owner of such dog, cat or 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 a minor. If not a member of a household, such minor owner shall himself be directly subject to the provisions of this chapter.

(6) Household: Those members of a family including servants and attendants living in the same dwelling unit.

(7) Kennel: Any place or tract of land whether indoors or outdoors, whether enclosed or not in, at or upon which and whether for pleasure or profit, dogs are kept, housed, bred, raised, fed, displayed, exhibited or sold.

(8) At large:

(a) Any cat shall be deemed at large when off the premises of its owner's real property and:

1. Not wearing a collar with appropriate tags attached, or

2. When creating a public nuisance.

(b) Any dog shall be deemed at large when off the premises of the owner's real property and:

1. Not restrained by a competent person, or

2. When creating a public nuisance.

(9) Restraint: Any dog is considered under restraint if it is controlled by a line or leash not more than six (6) feet in length, when said line or leash is held by a competent person, that is, a person capable of controlling or governing the dog and to whose commands the dog is obedient.

(10) Public nuisance: A dog or cat is creating a public nuisance if:

(a) Molesting passersby or passing vehicles;

(b) Attacking other animals;

(c) Trespassing on school grounds;

(d) Damaging public or private property;

(e) Barking, whining, howling, meowing excessively or continuously.

(11) Impounding facilities: Any premises designated by the director of public works for the purpose of impounding and caring for animals.

(12) Health department, health commissioner: The department of public works or the director of public works, or his authorized representative, or any person, persons, or agent employed by the director of public works.

(13) Exposed to rabies: Any dog or cat whether it has been registered or vaccinated for rabies or not or other animal which has been bitten, been fighting with or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.

(14) Veterinarian: Any veterinarian holding a current Missouri license.

(15) Impound: The apprehending, catching, trapping, netting, tranquilizing, confining, or if necessary, the destruction of any animal by the health commissioner or his agent.

(16) Euthanize: To put to death in a humane manner.

(17) Tag: Any object, regardless of the shape and material, which bears the identification number for the current rabies vaccination.

(18) Vaccinate: The word "vaccinate" shall mean the injection, by a veterinarian or his authorized agent, of a specified dose of anti—rabies vaccine into the body of a dog or cat.

(19) Certificate: The word "certificate" shall mean a certificate issued at the time of the vaccination of the dog or cat, and bearing thereon the signature of the vaccinator, the registration number, the name and address of the owner, the date of the vaccination, and type of vaccine administered.

(20) Vaccination—registration:  The procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate. The above words shall be interchangeable.

(21) Registrar: Any veterinarian, or any other person acting under the direction or control of a veterinarian who performs the services of vaccination—registration. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 7686, § lb, 9—3—87)

Sec. 4—38. Vaccination, tag required.

(a) Every person who owns any dog or cat whether in a kennel or not, that is kept any time during the year within the City of Kirkwood, or who permits a dog or cat to come up on, on or in Kirkwood, shall have such dog or cat vaccinated against rabies, and registered as provided herein and such dog or cat must be vaccinated as often as may be required in accordance with the type of vaccination used so that such vaccination is currently effective.

(b) Reserved.

(c) Reserved.

(d) It shall be unlawful for any person to own any dog or cat unless such dog or cat has been vaccinated against rabies and wears a current, unexpired registration tag, and the owner possesses a certificate issued in accordance with the provisions of this chapter. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 7498, § 2, 3-13—86)

Secs. 4—39—4—42. Reserved.

Editor's note—Section 1c—1f of Ord. No. 7686, adopted Sept. 3, 1987, repealed former § 4—39—4-42 in their entirety. Such sections pertained to license fees, proof of vaccination, issuance of tag and duties of comptroller relative to such tag, and derived from Ord. No. 6066, § 2, adopted Jan. 6, 1977.

Sec. 4—43. Impoundment—Reasons for.

The director of public works or his authorized representative shall have the power to catch, confine, and impound dogs, cats and other animals as follows:

(a) Dogs or cats not wearing an unexpired tag;

(b) All female dogs, registered or unregistered, not securely confined in an enclosed place, while in heat;

(c) All dogs, cats, puppies and kittens which are at large;

(d) All dogs, cats or other animals infected or suspected of being infected with rabies and all dogs, cats and other animals exposed to or suspected by him to be exposed to or infected with rabies, including dogs or other animals known to have been bitten by a rabid animal, whether the dog or other animal to be impounded is running at large or on a leash or whether it is confined to its owner's premises.

(e) Dogs or other animals which have bitten or scratched a person or animal or which have been bitten by a dog or animal suspected of having rabies, or which are suspected of having rabies, or have been exposed to rabies.

(f) Fierce or dangerous animals in accordance with section 4-52. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 6958, § 2, 11-4—82; Ord. No. 7499, § 1, 3—13—86; Ord. No. 7686, § 1g, 9—3—87)

Sec. 4—44. Same—Manner of.

Dogs, cats or other animals impounded in accordance with this chapter shall be impounded under the supervision of and in a manner satisfactory to the director of public works or his authorized representative, and as provided herein. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 7686, § 1h, 9—3—87)

Sec. 4—45. Redemption.

(a) Any dog or cat impounded herein and determined by the director of public works or his authorized representative not to be infected by rabies or not suspected to be infected by rabies may be redeemed by the owner or person entitled to the possession thereof, by paying to the city comptroller the mandatory sum of ten dollars ($10.00) for the first redemption within a twelve—month period; the mandatory sum of twenty dollars ($20.00) for the second redemption within such period, and the mandatory sum of fifty dollars ($50.00) for the third redemption within such period.

(b) No cat or dog shall be redeemed until the owner presents a valid certificate of rabies inoculation.

(c) No person shall have the right to redeem such animal unless redeemed within three (3) days after impoundment. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 6958, § 2, 11—4—82; Ord. No. 7686, § 1i, 9—3—87)

Editor's note—Inasmuch as it seemed the intent of Ord.No. 7499, § 1, adopted Mar. 13, 1986, was to change the words "building commissioner" to "the director of public works or his authorized representative" within Chs. 4 and 16, the corresponding change was made in §§ 4—45 and 4—49 although the ordinance did not specifically refer to such section.

Sec. 4—46. Quarantine of rabies suspects.

Any dog, cat or other animal which exhibits objective symptoms suggestive of rabies may, after written certification by the director of public works or his authorized representative to the owner if known, be impounded off the property of the owner. This animal shall be held for ten (10) days at impounding facilities selected by the director of public works or his authorized representative for clinical observation, and, if alive at the termination of this period, shall be returned to the owner after payment of the costs of such impoundment. As an alternative procedure, the owner, at his own expense, may designate any veterinary hospital in the County of St. Louis for a similar ten—day period. If such animal shall die during the observation period, regardless of the location, the head shall be removed and submitted to a qualified laboratory for examination. In no event shall the city be liable for the costs of such impoundment. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 6958, § 2, 11—4—82; Ord. No. 7499, § 1, 3—13—86)

Sec. 4-47. Disposition of rabid animals.

The director of public works or his authorized representative shall dispose of any dog, cat or other animal infected with rabies and he shall have the power to have examined and impounded any animal bitten by or exposed to any other animal infected with rabies. He shall have the power to require the owners of such animals to take necessary measures to prevent the spread of rabies and to dispose of any exposed animals. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 6958, § 2, 11—4—82; Ord. No. 7499, § 1, 3—13—86)

Sec. 4-48. Notice to director of public works of rabid animals.

Any person who shall destroy an animal suspected of having rabies shall immediately notify the director of public works or his authorized representative and shall surrender the carcass to the control of the director of public works or his authorized representative if requested. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 6958, § 2, 11—4—82; Ord. No. 7499, § 1, 3—13—86)

Sec. 4-49. Clinical observation of animals which bite people or other animals.

(a) The owner of any dog, cat or other animal which bites any person or other animal, regardless of the circumstances, or irrespective of whether such dog is vaccinated and registered, shall be required to place such dog, cat or other animal in the custody of the health department for confinement in a manner satisfactory to the director of public works or his authorized representative and in a manner that will prevent contact with people and other animals for a period of ten (10) days, following the evening of the day of the bite, for the purpose of clinical observation. All expenses shall be borne by the owner of the dog, cat or other animal. If such dog, cat or other animal develops clinical symptoms suggestive of rabies, it shall be allowed to die a natural breath, or, if for any reason, such dog, cat or other animal should die while in confinement, its head shall be removed by the veterinarian and submitted to a qualified laboratory. If, at the end of such ten—day period, such dog, cat or other domestic animal is alive and healthy, it may be released to its owner.

(b) All dogs under clinical observation as the result of biting a person or other animal must fulfill all other conditions of this chapter prior to release. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 6178, §§ 1, 2, 9—1—77; Ord. No. 6958, § 2, 11—4—82)

Note—See editor's note to § 4—45.

Sec. 4—50. Right of entry for city personnel.

It shall be unlawful for any person to conceal an animal or interfere with the director of public works or his authorized representative in the performance of his legal duty, as provided in this chapter. The director of public works or his authorized representative shall have the right of entry onto any unenclosed lots or lands for the purpose of collecting any dog, cat or other animal, which is on such a lot or land, in violation of this chapter and whose presence on such lot or land constitutes a violation of any of the provisions of this chapter, or whose presence or existence is a violation of the provisions of this chapter. The director of public works or his authorized 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 any other animal suspected of having rabies, having been exposed to rabies, or having bitten a person or other animal. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 6958, § 2, 11—4—82; Ord. No. 7499, § 1, 3—13—86)

Sec. 4—51. Abandonment of rabies suspects.

No owner of any animal subject to rabies shall abandon such animal. (Ord. No. 6066, § 2, 1—6—77)

Sec. 4—52. Fierce or dangerous animals.

1. For purposes of this section, the term “Fierce or dangerous animal” refers to any animal wild or domestic:

a. Which has previously attacked or bitten any person or domestic animal; or possesses a propensity to attack or bite any person or domestic animal; or possesses a propensity to cause annoyance to persons using the public roads, streets, and sidewalks; or has a propensity to chase, worry or molest livestock, other dogs or cats or children, or cause any damage or injury, and

b. Whose propensity described under clause “a” of this definition is known or ought reasonably to be known by a person responsible for the animal.

2. Every person possessing or responsible for a fierce or dangerous animal shall:

a. Confine such animal to a fenced enclosure of such height, strength and construction so as to prevent the animal confined from jumping or climbing over, climbing through or clawing under such fence, and

b. Post a notice on the premises in a place conspicuously visible to the public and reading in letters not less than two inches high “Dangerous (Dog, Cat, or other animal)”, indicating the type of fierce or dangerous animal which is on the premises.

3. A person possessing or responsible for a fierce or dangerous animal may take the dangerous animal from the place of confinement described in paragraph 2a. if that person places the dog or cat on a leash and in fact can control the dog or cat to the point of it not injuring or threatening any human, animal or property.

4. Any dangerous animal found off the premises of a person possessing or responsible for it and not confined as indicated in subsection 2 may be seized by any Police Officer or other agent authorized by the Director of Public Works or unless the animal is off the premises as permitted by subsection 3 of this section. Any dangerous animal which has escaped from its fenced enclosure may be impounded by any Police Officer or other agent authorized by the Director of Public Works, whether or not it has been returned to its enclosure at the time of impoundment. If impounded pursuant to this subsection, the animal shall not be returned to a person responsible for it unless a court so orders, and the person possessing or responsible for the dangerous animal shall pay all costs associated with such impoundment.

5. In addition to or as an alternative to the penalty which may be imposed for violation of subsection 2 of this section, the court may order such dangerous dog or cat or other animal euthanized upon showing by preponderance of the evidence of facts demonstrating that the animal is within the definition of fierce or dangerous animal and that it has not been confined as required in subsection 2 of this section regardless of whether it is so confined at the time of trial or was so confined at the time of impounding.

(Ord. No. 8570, §1, 12-5-96)

Sec. 4-53. Running at large—Generally.

It shall be unlawful for the owner of any dog or cat whether properly tagged and certified by vaccination—registration or not, to permit or allow such dog or cat to run at large. The provisions of this section shall not apply to dogs being used in hunting, field trials and dog shows while on public lands set aside for these purposes, while on the private property of others with the actual, implied, customary or constructive consent of the owner of such private premises, or while on federal, state, municipal or county roads or highways, while going to or coming from a hunting, field trial or dog show site. Nor shall the provisions or prohibition of this section apply to bloodhounds or other dogs used for tracking in conjunction with police activities, nor to dogs of the Canine Corps of any police force of the City of Kirkwood, City of St. Louis, St. Louis County, the Missouri State Highway Patrol, any federal law enforcement agency, or the armed forces of the United States, while being used to conduct official business or being used for official purposes. (Ord. No. 6066, § 2, 1—6—77)

Sec. 4—54. Same—Permitting.

In any prosecution charging a violation of the provisions of this chapter, proof that a dog was running at large in violation of said section, together with proof that the defendant named in the complaint was, at the time, described in the complaint, the person who owned such dog or cat, shall constitute a prima facie presumption that the owner of such dog or cat was the person that permitted such dog or cat to run at large. (Ord. No. 6066, § 2, 1—6—77)

Sec. 4-55. Animals to be delivered to director of public works.

No person shall refuse to deliver up to the director of public works or his authorized representative any dog, cat or other animal subject to rabies which such person owns, when requested to do so under the provisions of this chapter. (Ord. No. 6066, § 2, 1—6—77; Ord. No. 6958, § 2, 11—4—82; Ord. No. 7499, § 1, 3—13—86)


*Cross references—Keeping noisy animals, § 17—37(e); injuring wildlife, § 18—4; horses in parks, § 18—13; animals generally in parks, § 18—16.

State law references—Protection against rabies, RSMo Ch. 322; authority to regulate animals at large, RSMo § 77.510.

*Editor's note—Ord. No. 6066 repealed §§ 4—28, 4—29, 4—31, 4—33, 4—5—4—57, and 4—73—4—75 of Art. II and enacted new §§ 4—37—4-55. The deleted sections contained provisions relating to dogs and were derived from Gen. Ords. 1959 and Ord. No. 5132, adopted Nov. 11, 1967.