[Ord. No. 93-162 Art. III §1, 10-4-1993; Ord. No. 00-064 §1, 5-31-2000; Ord. No. 00-086 §1, 7-26-2000; Ord. No. 15-120 §1, 12-21-2015; Ord. No. 22-075, 11-28-2022; Ord. No. 23-023, 3-13-2023]
A.
Every
owner or competent person who is responsible for any ferret, puppy,
or kitten shall have such ferret, puppy, or kitten vaccinated by a
veterinarian against rabies and registered as provided in this Article
when or before the ferret, puppy or kitten reaches four (4) months
of age, but not before it reaches three (3) months of age.
B.
Every
ferret, cat, dog, kitten, and puppy shall be vaccinated by a veterinarian
as indicated by the Compendium of Animal Rabies Control. No ferret,
dog, or cat shall be exempted from this Article due to advanced age.
C.
No
veterinarian practicing in St. Charles County shall vaccinate a ferret,
dog, or cat without complying with the registration requirements of
this Section within thirty (30) days of vaccination.
D.
The
Division shall prepare numbered tags and certificates of vaccination
for distribution to veterinarians practicing within St. Charles County,
and to veterinarians who practice outside the County but who vaccinate
animals that are transported into the County.
E.
Each
veterinarian practicing in St. Charles County shall order from the
Division a sufficient number of numbered tags and certificates of
vaccination to assure that he will be able to discharge his duty to
register and vaccinate a ferret, dog, or cat under this Article.
F.
All
veterinarians shall pay the Division a fee to be set by the County
Council for each numbered tag and certificate of vaccination ordered,
payable either upon receipt of the tags and certificates ordered or
within thirty (30) days of billing.
G.
Veterinarians may include the fee authorized by Subsection (F) of this Section in the amount charged clients for supplies and services in vaccinating a ferret, dog, or cat.
H.
After
vaccinating any ferret, dog, or cat, the veterinarian shall complete
a certificate of vaccination, assign it the number of a numbered tag,
and deliver that tag and a copy of the certificate of vaccination
to the vaccinated animal's owner and the Division. It shall be the
owner's duty to attach the tag to a collar or harness of the vaccinated
animal and ensure that the animal wears its collar or harness when
outside the owner's residence. Any ferret, dog, or cat found at large
without a tag may be deemed to be a stray animal and not vaccinated
under this Section.
I.
The
Division shall collect its copies of completed certificates of vaccination
and maintain cross files of the certificates by name of owner and
by certificate number.
[Ord. No. 93-162 Art. III §2, 10-4-1993; Ord. No. 94-17 §1, 1-27-1994; Ord. No. 00-064 §1, 5-31-2000; Ord. No. 01-104 §1, 8-29-2001; Ord. No. 15-120 §1, 12-21-2015; Ord. No. 16-088 §1, 10-24-2016; Ord. No. 22-075, 11-28-2022]
A.
The Division Director, or other persons designated by the Director,
shall have the power to enter onto any lots or lands to impound the
following animals:
1.
All dogs outside while in estrus not securely confined in an
enclosed pen;
3.
All animals for which there is no owner or competent person
apparently responsible who can provide adequate care;
4.
All animals exposed to rabies, whether or not at large, or on
a leash, or confined to an owner's premises;
5.
Any dog or cat which has not been vaccinated within the seventy-two
(72) hour period following release from any impounding facility;
6.
Any dog or cat not vaccinated against the rabies virus;
7.
Any animal that has bitten a person or animal, or any animal
that has lawfully been declared dangerous by the County or another
governmental entity, when that information is received, in writing,
from the individual(s) responsible for animal control in that governmental
entity;
[Ord. No. 23-023, 3-13-2023]
8.
Any animal whose owner has voluntarily and intentionally relinquished
control to the Division Director;
9.
Any cat, dog, kitten or puppy not wearing a registration tag;
10.
Any animal in imminent danger of death or in pain or suffering
and the issues causing the imminent danger of death or pain and suffering
is not being addressed by the owner or custodian of the animal;
11.
Any animal that requires adequate care and the owner or anyone
having care, custody or control has failed to provide such care after
being notified by an animal control officer or law enforcement official;
12.
Any animal in a residence or on a property that has been found
unfit for habitation;
13.
Any animal in a residence or on the property where the owners
or occupants have been evicted by a law enforcement agency;
14.
Any animal in a residence or on the property where law enforcement
has taken into custody the owner or occupant, provided that there
is no other owner or competent person present who can take custody
of the animal and provide adequate care;
B.
Any animal impounded pursuant to this Section shall be impounded
in the St. Charles County Animal Control Shelter or at a boarding
facility approved by the Division Director under the supervision of
and in a manner satisfactory to the Division Director.
C.
The Division Director shall, within forty-eight (48) hours of impoundment, make reasonable efforts to notify the owner, if known, of the impoundment by mail, telephone, and electronic mail. The written notice shall include each ground for the impoundment and shall state the owner's right to request a hearing, to be held in accordance with the procedures set forth in Section 205.145(E) of the Ordinances of St. Charles County, by submitting a written request for hearing to the Department within five (5) days of receiving the aforesaid notice.
If there is no timely written request for a disposition hearing,
or if, at the disposition hearing, the hearing examiner finds that
one (1) or more grounds for the impoundment existed and have not been
abated as of the date of the hearing, the animal shall not be returned
to the owner. Such animals shall be placed for adoption or humanely
destroyed, but no animal shall be placed for adoption if it is rabid,
is suspected of being rabid, has been exposed to rabies within the
past thirty (30) days, or is known to have bitten any person.
Notwithstanding the foregoing, if in advance of the disposition hearing the Division Director determines that all grounds for the impoundment have been abated and no longer exist, the Division Director may cancel the hearing and return the animal to its owner. The owner shall pay all applicable fees pursuant to Sections 205.150 and 205.240 prior to release of the animal.
D.
If an impounded animal does not bear registration tags or identification
of ownership, and is not diseased or disabled beyond reasonable recovery,
that animal shall be held for five (5) consecutive business days.
If unclaimed by its owner after five (5) days, that animal may be
placed for adoption or humanely destroyed, but no animal shall be
placed for adoption if it is rabid, is suspected of being rabid, has
been exposed to rabies within the past thirty (30) days, or is known
to have bitten any person.
E.
The Division Director shall have discretion in the decision to treat
or euthanize an animal, including, but not limited to, feral cats
or any diseased, disabled, sick or injured animal pursuant to procedures
authorized, in writing, by the Department Director.
[Ord. No. 93-162 Art. III §3, 10-4-1993]
A.
Any animal which exhibits objective symptoms suggestive of rabies, after written certification to the owner by the impounding officer or veterinarian or such other person designated by the County for enforcement of this Chapter, shall be impounded off the property of the owner. The animal shall be held for clinical observation for ten (10) days at the impounding facilities designated by the County and, if alive at the termination of this period, shall be returned to the owner after payment of the fees payable pursuant to Sections 205.150 and 205.240. If such animal should die during the observation period, regardless of the location, the head shall be removed and submitted to a qualified laboratory for examination.
[Ord. No. 22-075, 11-28-2022]
B.
Any
animal which has been exposed to rabies shall be immediately destroyed
unless the owner, at his expense, chooses one (1) of the following
alternative methods:
1.
Strict isolation in a kennel or animal hospital for six (6) months.
2.
If the animal is a ferret, cat, dog, kitten, or puppy not immunized
by any vaccine recommended by the Compendium within such vaccine's
duration of immunity (as stated in the Compendium under booster recommendations),
impounding for a period of at least six (6) months at the impounding
facilities designated by the County and vaccination.
[Ord. No. 22-075, 11-28-2022; Ord. No. 23-023, 3-13-2023]
3.
If the animal is a ferret, cat, dog, kitten or puppy immunized by
a vaccine recommended by the Compendium within such vaccine's duration
of immunity (as stated in the Compendium under booster recommendations),
confine the animal for a period of at least forty-five (45) days to
the owner's home securely indoors, behind a secure fence, or in a
securely enclosed and locked pen or structure suitable to prevent
the animal from escaping, and re-vaccination.
[Ord. No. 22-075, 11-28-2022; Ord. No. 23-023, 3-13-2023]
[Ord. No. 93-162 Art. III §4, 10-4-1993; Ord. No. 00-064 §1, 5-31-2000; Ord. No. 01-161 §3, 11-28-2001; Ord. No. 01-174 §1, 12-27-2001; Ord. No. 15-120 §1, 12-21-2015]
A.
The owner of any animal which bites any person or animal, regardless of the circumstances and irrespective of whether such animal is vaccinated, shall surrender such animal to the custody of the Division Director for confinement in the St. Charles County Animal Control Shelter for a period of not less than ten (10) days following the date of the bite, for the purpose of clinical observation. As set out in Section 205.141, during such confinement, the animal shall be permanently identified by a microchip providing a permanent record of the identity of the animal. All expenses shall be borne by the owner of the animal as provided in Section 205.150 of this Article. If for any reason, such animal should die while in confinement, its head shall be removed and submitted to a qualified laboratory. If at the end of the period of observation such animal is alive and healthy, it may be released to its owner unless such animal has been declared a dangerous animal and is subject to the provisions of Section 205.145 or subject to a contracting City's or municipality's ordinance authorizing humane euthanasia. An animal subject to Section 205.145 or subject to a contracting City's or municipality's ordinance authorizing humane euthanasia shall only be released or euthanized in conjunction with the provisions of those Sections.
[Ord. No. 22-075, 11-28-2022]
B.
The Division Director is authorized to allow confinement in a manner other than as described in Subsection (A) of this Section when such animal will be controlled and observed in accordance with the owner's signed agreement.
[Ord. No. 22-075, 11-28-2022; Ord. No. 23-023, 3-13-2023]
1.
Preconditions for confinement and quarantine described in this Section 205.140(B) are:
a.
The animal does not have a recent history of being at large, and
was not at large or off the owner's property at the time;
b.
The animal is not displaying a sudden change in disposition;
c.
The owner has both the ability and desire to keep the animal in a
secure building and separate from other animals, and the owner has
demonstrated that he can prevent the animal from biting a human or
other animal again;
d.
In the case of a dog bite, the dog has not previously been declared
dangerous under this Chapter;
e.
In the case of a dog bite at a level 3 or higher on the Dunbar Scale,
the dog has been in the physical custody of the Division at the Pet
Adoption Center for a minimum of twenty-four (24) hours. The Division
Director may waive this requirement upon consideration of factors
involving the health of the dog, including but not limited to the
dog’s age, susceptibility to disease, or existing medical conditions;
and
2.
If all of the preconditions in Section 205.140(B)(1) are met, confinement and quarantine described in this Section 205.140(B) may be allowed at the discretion of the Division Director.
6.
The animal's needs for ambient temperature control, adequate water,
nutrition, elimination, and space to comfortably stand up and lie
down must be adequately provided by the selected confinement method.
Should the animal exhibit neurologic signs, die, or disappear during
the quarantine period, Humane Services shall be notified immediately.
C.
All other conditions of this Section and of Section 205.150 must be fulfilled prior to the release of any animal impounded or confined for clinical observation as the result of biting a person.
D.
It shall be the duty of the owner of an animal that has bitten a
human being or domestic animal and a person bitten by any animal (or
of the parent or guardian of a minor bitten by an animal) to report
the bite to the Division immediately. Such report shall contain the
name and address of the owner of the animal, the date and time of
the bite, the geographical location where the person was bitten, and
a general description of the animal and all circumstances pertaining
to the bite.
[Ord. No. 22-075, 11-28-2022]
E.
All other animals suspected of exposure to rabies shall be quarantined
or euthanized and rabies tested in a laboratory in accordance with
the rabies compendium and Public Health Officials recommendations
on a case-by-case basis.
[Ord. No. 22-075, 11-28-2022]
[Ord. No. 01-161 §9, 11-28-2001; Ord. No. 15-120 §1, 12-21-2015]
A.
Any animal which is apprehended running at large or who has bitten
a human being or animal shall be photographed and microchipped by
the Division Director as soon as is reasonably practicable after a
bite or running at large incident or if the animal is impounded prior
to its release.
[Ord. No. 22-075, 11-28-2022]
C.
If the animal is transferred to another owner, the previous owner
shall, within ten (10) days of the transfer of ownership, inform the
Division Director in writing of the name, address and telephone number
of the new owner(s) of the animal. The previous owners shall notify
the new owners in writing of the details of the animal's record, terms
and conditions of maintenance, if any, and provide the Division Director
with a copy of the notice and the new owners acknowledgment of receipt.
[Ord. No. 22-075, 11-28-2022]
[Ord. No. 00-064 §5, 5-31-2000; Ord. No. 01-161 §4, 11-28-2001; Ord. No. 15-120 §1, 12-21-2015;[1] Ord. No. 16-088 §1, 10-24-2016; Ord.
No. 22-075, 11-28-2022]
A.
Whenever the Division Director learns that a dog has bitten a human
being or another domestic animal, the Division Director shall record
the incident, and the Division shall conduct an investigation of the
bite. Such investigation, shall include, but is not limited to, whether
the Division has records of prior incidents in which the dog in question
has bitten human beings or domestic animals; the facts and circumstances
surrounding the bite, including witness statements, photographs and/or
other relevant evidence; whether a human being or domestic animal
had been injured and required medical care from a physician or veterinarian;
and the severity of such injuries. The Division Director shall record
information that the dog in question has bitten human beings or domestic
animals in other Cities or Counties when that information is received
in writing from the individual(s) responsible for animal control in
that City or County.
B.
Following the investigation, the Division Director shall provide the complete investigation file to the Department Director. The Department Director shall review the investigation file and make a determination as to whether the dog should be declared dangerous, in accordance with this Section 205.142.
[Ord. No. 23-023, 3-13-2023]
C.
The Department Director shall declare a dog dangerous when:
[Ord. No. 23-023, 3-13-2023]
1.
Evidence shows the bite to a human is a Level 3 or higher on the
Dunbar Scale; or
2.
Evidence shows a bite to a human is less than a Level 3 on a Dunbar Scale, and one (1) or more of the factors set forth in Section 205.145(D) is present; or
3.
Evidence shows that a dog that did not bite engaged in behavior that
contributed to a bite, i.e., packing, and the behavior when considered
on its own placed a human in reasonable fear of their life.
D.
In addition to the grounds set forth in Section 205.142(C), the Department Director may declare a dog dangerous upon consideration of the following factors. The Department Director may consider any or all of the following factors when making a determination regarding the declaration of a dangerous dog and its disposition:
[Ord. No. 23-023, 3-13-2023]
1.
Whether the dog has killed a domestic animal, livestock or poultry;
2.
Whether the dog's owner maintains the dog to promote its aggressive
tendencies or responses, or owns or harbors the dog primarily or in
part for the purpose of dogfighting, or has trained the dog for dogfighting;
3.
Whether the dog has bitten a human being or domestic animal
off the premises of the dog's owner;
4.
Whether the dog has a known propensity, tendency or disposition to
make unprovoked attacks, to cause injury, or to otherwise threaten
the safety of human beings or domestic animals such as habitually
snapping, charging, growling, or otherwise manifesting a disposition
to bite, attack or injure if afforded the opportunity;
5.
Whether the dog can be effectively trained or retrained to change
its temperament or behavior;
6.
Whether the owner has the capacity, willingness, and ability to protect
the public safety in the future;
7.
Whether the dog has had prior recorded incidents of biting humans
or domesticated animals; and
8.
Whether the dog has been previously declared dangerous by another
governmental entity, when that declaration is received, in writing,
from the governmental entity.
E.
A dog may be declared dangerous because of its prior acts even after
its owner has removed it from unincorporated St. Charles County. Such
a dog may not be returned to the County.
F.
If the Division Director receives a report that a dog has chased
or approached a human being or domestic animal while at large and
off the premises of the dog's owner and confronted that person in
a menacing fashion or apparent attitude of attack, regardless of whether
the human being or domestic animal is injured by the dog, the Division
Director shall record the incident in the Division's records, and
the Department Director may take that incident into account in determining
whether the dog is a dangerous dog should there be any subsequent
bite of a human or domestic animal. The Division Director may record
into the Division's records information that a dog has chased or menaced
a human being in another City or County, when that information is
received in writing from the individual(s) responsible for animal
control in that City or County, and the Department Director may consider
such information in determining whether the dog is a dangerous dog
should there be any subsequent bite of a human being or domestic animal.
G.
This
Section shall not apply to any dog maintained by any governmental
law enforcement agency so long as it is maintained and utilized for
law enforcement purposes.
H.
This
Section shall not apply to any City or municipality having contracted
with the County and opted out of this Section as provided pursuant
to their contract for humane enforcement services or kenneling services.
I.
Dogs
shall not be declared dangerous if the bite was sustained by a person
who, at the time, was committing a willful trespass upon the premises
occupied by the owner of the dog, or was tormenting, abusing or assaulting
the dog, or has, in the past, been observed or reported to have tormented,
abused or assaulted the dog or was committing or attempting to commit
a crime.
[1]
Editor's Note: Ord. No. 15-120 also changed the title of this
Section from "Procedures and Requirements For Declaring Dogs, Cats
or Ferrets To Be Dangerous and For Handling Such Dogs, Cats or Ferrets
After Bite Incidents" to "Procedures and Requirements For Declaring
Dogs To Be Dangerous and For Handling Such Dogs After Bite Incidents."
[Ord. No. 00-064 §5, 5-31-2000; Ord. No. 01-161 §5, 11-28-2001; Ord. No. 15-120 §1, 12-21-2015;[1] Ord. No. 16-088 §1, 10-24-2016; Ord.
No. 22-075, 11-28-2022]
A.
If the Department Director declares that a dog that has bitten a
human being or a domestic animal is dangerous, the Department Director
shall dispose of the dog as follows:
[Ord. No. 23-023, 3-13-2023]
1.
If the Department Director finds that the dog made a fatal attack
or bite upon a human being at a Level 6 on the Dunbar Scale, the Department
Director shall cause the dog to be humanely euthanized.
2.
The Department Director has discretion to dispose of all other dogs declared to be dangerous either by causing them to be properly rehomed, humanely euthanized or returned to the animal's owner subject to the restrictions as provided in Section 205.145(B) below, after giving notice and an opportunity to be heard to the dog's owner as provided in Section 205.145(D) and (E), below.
B.
If it is determined that a dangerous dog can be returned to its owner,
the owner shall enter into a written agreement or be issued a written
order to control the dog. Such written agreement or order shall contain
the following terms, as well as any other terms deemed appropriate
and necessary to control the dog:
1.
Any dangerous dog shall wear at all times a bright collar with
the words "Dangerous Dog" embroidered or stamped on the collar so
the dog can readily be identified as a dangerous dog.
2.
The owner of the dangerous dog shall notify the Division of
Humane Services immediately if the dog is loose or missing or has
attacked another animal or human being.
3.
The owner of the dangerous dog shall notify the Division of
Humane Services within twenty-four (24) hours if the dog has died.
4.
The owner of the dangerous dog must receive the approval of
the Division Director prior to any sale or transfer of custody of
the dog. The new owner is bound by the terms of any agreement or order
issued pursuant to this Chapter.
5.
While on its owner's property, a dangerous dog must be
securely confined indoors, behind a secure fence, or in a securely
enclosed and locked pen or structure suitable to prevent the animal
from escaping. Such a pen or structure must have a minimum dimension
of five (5) feet by ten (10) feet, must have strong, secure sides
and a secure top. If it has no bottom secured to the sides, the sides
must be embedded into the ground no less than twelve (12) inches.
The enclosure must also provide adequate shelter, as defined by this
Chapter 205, OSCCMo. The enclosure, when occupied by a dangerous dog,
shall not be occupied by any other animal, unless the dangerous dog
is a female with young under three (3) months of age, in which case
the young may occupy the same enclosure as the mother.
6.
No dangerous dog may be kept in any area of the owner's
property that would allow the dog to exit easily (i.e., behind screen
doors or open windows).
7.
A notice indicating the presence of a dangerous dog shall be
prominently displayed and legible to the public at each entrance to
the premises and on each side of the dog's enclosure. The Division
of Humane Services is authorized to make notices and signs available
to owners, and said notices and signs shall be deemed to meet this
requirement. Any alternate sign must be approved in advance, in writing,
by the Division Director and a copy of the approved sign shall be
maintained in the Division's file on the dog.
8.
A dangerous dog may be off the owner's premises only if
it is securely muzzled with a humane muzzle and on a strong leash
no more than four (4) feet long and under the adequate control of
the owner.
9.
The owner of a dangerous dog shall present to the Division of
Humane Services proof that the owner has procured primary liability
insurance or a surety bond to include bodily injury and property damage
in the amount of at least three hundred thousand dollars ($300,000.00).
Such insurance or surety bond shall be for an initial period of twelve
(12) months and must be continuously renewed without a break in coverage
for as long as the dangerous dog lives or is kept in St. Charles County.
The insurance or bond shall be payable to any person injured by the
dangerous dog. This policy or bond shall contain a provision requiring
the County to be notified by the issuing company at least ten (10)
working days prior to any cancellation, termination or expiration
of the policy.
10.
All dangerous dogs must be spayed or neutered unless a duly
licensed veterinarian provides a statement in writing that such procedure
is not in the best interest of the dog.
C.
Any dog not controlled as provided in Section 205.145(B), or an agreement or order issued pursuant to this Chapter, shall be subject to immediate seizure and impoundment for a minimum of ten (10) days or for the time necessary for the owner to comply with this Subsection or the provisions of the agreement or order, whichever is larger. All owners the Division alleges are in violation of the terms of a written order or agreement issued pursuant to Section 205.145 shall relinquish custody and possession of the animal to the Division upon request.
[Ord. No. 23-023, 3-13-2023]
D.
Upon determining that a dog is dangerous, and at least ten (10) days prior to any disposition of any such dog, the Division shall notify the dog's owner, if known, of the declaration and the intended disposition of the dog, as provided herein, including any scheduled euthanasia. The notice shall state the owner's right to request a hearing in accordance with Section 205.145(D) by submitting a written request for hearing to the Department within five (5) days of receiving the aforesaid notice.
E.
Administrative Appeal Process; Contested Hearing.
1.
Hearing. Upon timely receipt of the written request submitted pursuant to Subsection 205.145(D) above, an examiner shall be appointed to preside over a formal hearing.
[Ord. No. 23-023, 3-13-2023]
2.
The hearing shall be held within twenty-one (21) days of the
hearing examiner's appointment unless continued for good cause.
3.
The hearing examiner shall set the hearing time and place and
shall mail a notice of the hearing to the owner, to the Department,
and to other necessary parties, if any, to whom the hearing examiner
determines that notice of the hearing should be given.
4.
Any person serving as a hearing officer shall be an attorney
at law licensed to practice law in Missouri.
6.
Each formal hearing shall:
a.
Provide a video record of the proceedings (or, at the option
and cost of the appellant, provide the record by audio, stenographic,
or other reliable means of recording capable of transcription); and
b.
Permit the parties to introduce evidence under oath, to call
and examine witnesses under oath, and to cross-examine opposing witnesses
on any matter relevant to the issues; and
c.
Follow the formal rules of evidence.
7.
Any dog found to be dangerous by the hearing examiner shall
be declared dangerous.
9.
The hearing examiner's determination and decision following
the contested hearing is final for all administrative purposes, and
there shall be no further administrative relief available.
10.
Any party aggrieved by the decision of the hearing examiner
may appeal such decision by filing a request for review with the Circuit
Court of Missouri, 11th Judicial Circuit, in accordance with Section
536.110 of the Revised Statutes of Missouri (RSMo.), as may be amended.
[Ord. No. 23-023, 3-13-2023]
11.
Contested hearings may be resolved by consent agreement, settlement,
stipulation, consent order, or default. A party is in default if such
party fails to appear for a properly noticed hearing.
F.
Should the Division Director receive from any court of competent
jurisdiction a stay of an order of euthanasia on a dog, the dog shall
remain impounded in the County animal facility until the court has
issued its final order.
G.
This Section shall not apply to any dog maintained by any governmental
law enforcement agency so long as it is maintained and utilized for
law enforcement purposes.
H.
This Section shall not apply to any City or municipality having contracted
with the County and opted out of this Section as provided pursuant
to their contract for humane enforcement services or kenneling services.
[1]
Editor's Note: Ord. No. 15-120 also changed the title of this
Section from "Control and Euthanasia of Dangerous Dogs or Ferrets"
to "Control and Euthanasia of Dangerous Dogs."
[Ord. No. 22-075, 11-28-2022]
A.
Level 1. Obnoxious or aggressive behavior but no skin-contact by
teeth.
B.
Level 2. Skin-contact by teeth but no skin-puncture. However, may
be skin nicks (less than one-tenth (1/10) of an inch deep) and slight
bleeding caused by forward or lateral movement of teeth against skin,
but no vertical punctures.
C.
Level 3. One (1) to four (4) punctures from a single bite, which
may have lacerations in a single direction, caused by victim pulling
hand away, owner pulling dog away, or gravity (little dog jumps, bites
and drops to floor).
D.
Level 4. One (1) to four (4) punctures from a single bite, with deep
bruising around the wound (such as when a dog held on and bore down)
or lacerations in both directions (such as when a dog held on and
shook its head from side to side).
E.
Level 5. Multiple-bite incident with at least two (2) Level 4 bites
or multiple-attack incident with at least one (1) Level 4 bite in
each.
F.
Level 6. Victim dead.
[Ord. No. 15-120 §1, 12-21-2015; Ord.
No. 22-075, 11-28-2022]
A.
The Division Director may, after reviewing all the circumstances
surrounding the apprehension of an animal found running at large for
the third time or more, off the premises of the owner, custodian,
or anyone having care, custody or control of that animal, determine
that the animal is habitually at large. The Division Director shall
have five (5) business days to determine that an animal is habitually
at large. During that time, the animal shall remain in the custody
of the Division Director at the St. Charles County Animal Control
Shelter.
[Ord. No. 23-023, 3-13-2023]
B.
Upon a finding that the animal is habitually at large, the Department Director shall declare the animal abandoned. If the animal is so declared, the owner shall be notified by registered or certified mail, return receipt requested, or by personal delivery. Unless an appeal is filed by the owner with the Department within five (5) business days of receipt of such notification, the animal shall be made available for adoption, subject to Section 205.147(D) below. If an animal is declared habitually at large, it shall remain in the custody of the Division Director at the St. Charles County Animal Control Shelter until final resolution of the administrative appeal process.
[Ord. No. 23-023, 3-13-2023]
C.
Administrative Appeal Process; Contested Hearing.
1.
Upon timely receipt of the written request submitted by the owner for a hearing to appeal the determination of the animal being habitually at large, a hearing examiner shall be appointed to preside over a formal hearing to determine whether the animal is habitually left at large in accordance with this Section 205.147.
[Ord. No. 23-023, 3-13-2023]
2.
The hearing shall be held within twenty-one (21) days of the
hearing examiner's appointment unless continued for good cause.
3.
The hearing examiner shall set the hearing time and place and
shall mail a notice of the hearing to the owner, to the Department,
and to other necessary parties, if any, to whom the hearing examiner
determines that notice of the hearing should be given.
4.
Any person serving as a hearing officer shall be an attorney
at law licensed to practice law in Missouri.
5.
The hearing examiner shall take evidence at the hearing and determine if the facts support a finding that the animal is habitually left at large in accordance with Section 205.147.
6.
Each formal hearing shall:
[Ord. No. 23-023, 3-13-2023]
a.
Provide a video record of the proceedings (or, at the option
and cost of the appellant, provide the record by audio, stenographic,
or other reliable means of recording capable of transcription); and
b.
Permit the parties to introduce evidence under oath, to call
and examine witnesses under oath, and to cross-examine opposing witnesses
on any matter relevant to the issues; and
c.
Follow the formal rules of evidence.
7.
Any animal found to be habitually at large by the hearing examiner
shall be declared abandoned and made available for public adoption,
subject to Section 205.147(D), OSCCMo.
[Ord. No. 23-023, 3-13-2023]
8.
If the hearing examiner finds the animal to be habitually at
large, the hearing examiner shall issue findings of fact, conclusions
of law, and an order consistent with the remedies set forth in this
Section.
9.
The hearing examiner's determination and decision following
the contested hearing is final for all administrative purposes, and
there shall be no further administrative relief available.
10.
Any party aggrieved by the decision of the hearing examiner
may appeal such decision by filing a request for review with the Circuit
Court of Missouri, 11th Judicial Circuit, in accordance with Section
536.110 of the Revised Statutes of Missouri (RSMo.), as may be amended.
[Ord. No. 23-023, 3-13-2023]
11.
Contested hearings may be resolved by consent agreement, settlement,
stipulation, consent order, or default. A party is in default if such
party fails to appear for a properly noticed hearing.
D.
In the case of any animal determined to be habitually at large pursuant
to this Section and declared abandoned therefor, and the Division
Director determines the animal to be sick or otherwise not suitable
for adoption, the animal may be humanely euthanized.
E.
This Section shall not apply to any dog or cat known to be feral.
F.
This Section shall not apply to any dog maintained by any governmental
law enforcement agency so long as it is maintained and utilized for
law enforcement purposes.
[Ord. No. 93-162 Art. III §5, 10-4-1993; Ord. No. 00-064 §1, 5-31-2000; Ord. No. 15-120 §1, 12-21-2015;[1] Ord. No. 22-075, 11-28-2022]
A.
Any animal captured or impounded under the provisions of this Chapter,
determined not to be infected with rabies, may be redeemed by the
owner or other person having the right of possession of such animal
upon the presentation of proper vaccination certificate and upon the
payment to the Division of:
1.
An impoundment registration fee as authorized by this Chapter
to be charged when any animal is impounded;
2.
A daily boarding fee as authorized by this Chapter to be charged
for sheltering and feeding impounded animals; and
3.
All other expenses incurred by the County in impounding in the
manner provided herein.
[1]
Editor's Note: Ord. No. 15-120 also changed the title of this
Section from "County Shelter Rates" to "Redemption of Animals Not
Infected by Rabies."
