[R.O. 1998 § 210.020; CC 1988 §4-16; Ord. No. 1130 §1, 8-5-1985]
This Article shall be known and may
be cited as the "Animal Control Code."
[R.O. 1998 § 210.030; CC 1988 §4-17; Ord. No. 1130 §2, 8-5-1985]
A.
The purposes of this Article include:
1.
Prevention of the introduction or
transmission of rabies in the City;
2.
Prevention of the introduction or
transmission of other zoonotic diseases in the City;
3.
Protection and enhancement of the
health and safety of humans in the City by regulating animals whose
conduct is generally harmful to humans;
4.
Prevention of mistreatment of animals
within the City and protection and enhancement of the health and safety
of animals in the City.
[R.O. 1998 § 210.030; CC 1988 §4-18; Ord. No. 1130 §3, 8-5-1985; Ord. No. 1494 §2, 8-6-1990; Ord. No. 2527 §1, 2-5-2008]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
Person(s) or agent(s) employed or designated to enforce this
Chapter.
A dog or cat or other animal:
Which has inflicted a severe or fatal
injury on a human being.
Which has bitten a human being without
provocation.
Which, when unprovoked, chases or
approaches a person upon any public or private property other than
the property of the person responsible for such animal in a menacing
fashion or apparent attitude of attack, regardless of whether or not
a person is injured by the animal.
Which exhibits a propensity to attack
unprovoked, to cause injury to or to otherwise threaten the safety
of human beings or domestic animals which propensity is known or ought
reasonably to be known by a person responsible for the animal.
Which, while off the owner's property,
has attacked, injured or killed a domestic animal.
All members of the classification Felis domesticus, male
or female, four (4) months of age or older.
A certificate issued at the time of the vaccination of a dog or cat and bearing thereon information required by the Animal Control Officer as set out in Section 210.050.
The Compendium of Animal Rabies Vaccines prepared by the
National Association of State Public Health Veterinarians, Inc., issued
January 2016, on file in the City offices and incorporated herein
by reference as though fully set out in this Chapter.
All members of the classification Canis familiaris, male
or female, four (4) months of age or older.
To put to death in a humane manner, taking into account the
circumstances necessitating the euthanasia and the need to protect
the public health.
Any vaccinated or unvaccinated animal which has been bitten,
been fighting with or has had contact with:
To apprehend, seize, catch, trap, net, quarantine, tranquilize
or confine an animal in a humane manner.
Any facility designated by the Animal Control Officer for
the purpose of confining animals impounded pursuant to this Chapter.
All members of the classification Felis domesticus, male
or female, under the age of four (4) months.
License tag issued by the City of St. Ann for a specified
dog or cat.
Includes any person, firm, association, partnership or corporation
which owns, harbors, shelters, keeps, controls, manages, possesses
or has a part interest in any animal. An occupant of any premises
on which a dog or cat remains or customarily returns is a person responsible
for it under this Chapter. The parent or guardian of a minor child
is responsible for the adequate care of any animal owned by, in the
control of, or harbored by that minor child. There may be more than
one (1) person responsible for an animal.
All members of the classification Canis familiaris, male
or female, under the age of four (4) months.
Any object, regardless of the shape and material, which bears
a registration number and the words (or their abbreviations) "Rabies
Vaccination-Registration," which has been issued by a veterinarian
or the Animal Control Officer pursuant to this Chapter. A tag expires
when the duration of the immunity as noted on the registration certificate
is exceeded.
Any physical injury resulting directly from an animal's attack
or bite which results in broken bones or lacerations requiring stitches
or in-patient hospitalization.
The injection by a veterinarian of a specified dose of anti-rabies
vaccine into the body of an animal. In order to be a valid vaccination
under this definition, the anti-rabies vaccine shall be a type specified
by the Compendium, stored in accordance with the manufacturer's recommendation
and administered in a manner and at the ages and frequency that is
prescribed by the Compendium.
The procedure of vaccination against rabies including the
issuance of a tag and certificate. The words "vaccination" and "registration"
shall be interchangeable.
Unless otherwise specifically indicated, any veterinarian
holding a current Missouri license or any person acting under the
direct supervision of a veterinarian who has a valid Missouri license.
Any person receiving a severe injury, as that term is defined in Section 210.040, shall provide the City with a signed physician's statement documenting injury and treatment qualifying as a severe injury or sign an authorization for release of such statement.
[R.O. 1998 § 210.051; Ord. No. 2527 §1, 2-5-2008]
A.
Every person who is responsible for any
puppy or kitten shall have such puppy or kitten vaccinated against
rabies and registered as provided in this Section on or before the
puppy or kitten reaches six (6) months of age, but not earlier than
three (3) months of age.
B.
Every dog and cat shall be vaccinated as
indicated by the Compendium. No dog or cat shall be exempted from
this Section due to advanced age.
C.
At the time of the vaccination of any dog
or cat, the veterinarian shall deliver the tag to the person responsible
for the dog or cat. It is the responsibility of every person responsible
for a dog or cat to attach the tag to the collar or harness of the
vaccinated dog or cat and determine that such collar or harness is
worn by that dog or cat at all times when the animal is outside the
residence of a person responsible for the dog or cat. Any dog or cat
found without a tag may be deemed to be not vaccinated under this
Chapter.
D.
The copy of the certificate given to a
person responsible for the dog or cat shall be retained by the person
responsible for the dog or cat for inspection by the Animal Control
Officer or his/her authorized representative or any Police Officer.
E.
Information
required by the Animal Control Officer shall include, but not be limited
to, the signature of the veterinarian performing the vaccination,
the registration number, the name, color, breed and sex of the dog
or cat, the name and address of a person responsible for the dog or
cat, the date of the vaccination and the type of vaccine administered.
[R.O. 1998 § 210.051; Ord. No. 2527 §1, 2-5-2008; Ord. No. 2568 §1, 10-9-2008]
A.
The person responsible for a dog or cat
shall register said animal with the City by showing proof of current
rabies vaccination of said animal and payment of the required license
fee. The receipt issued shall constitute a certificate of registry
and evidence of licensing for the keeping of such dog or cat within
the City. The license shall be affixed to the dog or cat collar or
harness at all times. The required license fee shall be waived for
a fully trained support dog regularly used in the service of a disabled
person or for a dog owned by a government unit.
B.
A dog or cat brought into the City which
has been vaccinated in accordance with the requirements of the Compendium
shall be registered in the City within thirty (30) days of initial
entry into the City. All other dogs or cats brought into the City
shall be vaccinated and registered immediately. This registration
shall be accomplished in either of the following ways:
1.
A person responsible for the dog
or cat must have the animal vaccinated by a veterinarian.
2.
A person responsible for the dog
or cat may present a valid vaccination-registration certificate from
a licensed veterinarian licensed by a State of the United States (regardless
of whether that veterinarian has been licensed in Missouri) to a veterinarian
which registers dogs and cats for St. Louis County.
3.
Upon presentation of the required
documentation and payment of the required license fee, the person
responsible for the animal shall be issued a license to expire April
30 each year. The license fee established shall be ten dollars ($10.00)
for animals which are spayed or neutered, fifty dollars ($50.00) for
animals which are not.
C.
The City may hold inoculation clinics for
the purpose of obtaining compliance with this Section.
[R.O. 1998 § 210.060; CC 1988 §4-20; Ord. No. 1130 §5, 8-5-1985]
A.
No person other than a veterinarian or
licensed veterinary biologics supplier shall possess, purchase or
sell an anti-rabies vaccine, except when it is purchased from a veterinarian
and administered by the veterinarian to an animal at the time of sale.
B.
No veterinarian shall sell or otherwise
transfer an anti-rabies vaccine to a person who is not a veterinarian
unless the veterinarian administers the vaccine to an animal at the
time of sale.
[R.O. 1998 § 210.070; CC 1988 §4-21; Ord. No. 1130 §6, 8-5-1985]
A.
The Animal Control Officer shall use the
copies of the certificates to maintain cross files by the name of
the person responsible for the dog or cat and the number of the certificate.
B.
No person shall:
1.
Divulge, distribute, disseminate,
give, transfer, show, make available or allow a copy to be made of
the name or address of any owner of a dog or cat registered under
this Article; or
2.
Make use of information collected
pursuant to the vaccination-registration program for any purpose other
than the administration and enforcement of this Article, except as
specifically provided by law.
C.
Subsection (B) of this Section shall not be applied to preclude the release of information regarding individual animals to assist in locating the owner of an animal which is lost or which has bitten another person or which is suspected of having rabies or having been exposed to rabies.
D.
Subsection (B) of this Section shall not be applied to preclude the release of information to an officer of a municipal, County, State or Federal office or department for the purpose of licensing, tax collection, law enforcement, or rabies control or other disease control in their respective jurisdictions.
[R.O. 1998 § 210.080; CC 1988 §4-22; Ord. No. 1130 §7, 8-5-1985]
A.
Registration tags shall not be transferred
from one (1) animal to another animal.
B.
No person shall affix a registration tag
to a dog or cat other than the dog or cat for which the tag was issued
at the time of its rabies vaccination-registration.
C.
No person shall affix a registration tag
to a dog or cat that has not been vaccinated against rabies.
D.
No person shall counterfeit, alter, obliterate
or attempt to counterfeit, alter or obliterate any rabies-registration
tag.
[R.O. 1998 § 210.090; CC 1988 §4-23; Ord. No. 1130 §8, 8-5-1985; Ord. No. 1502 §1, 10-1-1990; Ord. No. 2103 §1, 11-1-1999; Ord. No. 2441 §1, 11-6-2006]
A.
The Animal Control Officer or other person
designated by him/her shall have the power to impound dogs and cats
and other animals as follows:
1.
Dogs and cats not wearing a valid,
unexpired vaccination-registration tag;
2.
All dogs and cats, registered or
unregistered, not securely confined in an enclosed place while in
heat or estrus;
3.
All dogs, cats, puppies and kittens or other animals which are at large contrary to the requirements of Section 210.200 or which have been at large and are immediately pursued by an employee of the Department of Health, regardless of whether the animal is at large at the time it is apprehended;
4.
All dogs, cats, puppies and kittens
for whom there is apparently no person responsible for them;
5.
All dogs, cats and other animals
exposed to or suspected to be 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 at large or on a leash or whether it is confined to its owner's
premises or whether it is vaccinated;
6.
Dogs and cats which have not been vaccinated within the seventy-two-hour period following release from an impounding facility as required by Subsection (E) of this Section;
8.
Dogs and cats not vaccinated for
rabies;
9.
Unconfined animals in quarantined
areas;
10.
Dogs, cats or other animals which
have bitten a person or animal;
11.
Dogs, cats, puppies and kittens for
whom there is no responsible person who can provide adequate shelter
or food;
12.
Animals whose owners have voluntarily
and intentionally relinquished control to the Animal Control Officer.
B.
Dogs, cats or other animals impounded pursuant
to this Section shall be impounded in the City Animal Control Shelter
or elsewhere under the supervision of and in a manner satisfactory
to the Animal Control Officer.
C.
A person responsible for an animal which
has been impounded under this Article who wishes to have it returned
shall request the return of the animal at the City impounding facility
where it is impounded within six (6) days (not including Sundays or
City holidays) of impounding. If the Animal Control Officer is of
the opinion that such release will not impair the safety of the public,
the animal will be returned to a person responsible for it who makes
such request upon payment of a shelter service fee of twenty-five
dollars ($25.00) for the first day and fifteen dollars ($15.00) for
each day, or fraction thereof, thereafter the animal has been impounded
and a release fee of five dollars ($5.00). For the purpose of this
Subsection and the next Subsection, the "first day" shall be considered
to be the day the animal arrives at the impounding facility if the
animal arrives before 4:00 P.M. and the next day if the animal arrives
after 4:00 P.M.
D.
If an animal is not claimed in the manner
provided in this Section within six (6) days (not including Sundays
and City holidays) such animal may be disposed of by euthanasia or
transferred to a humane adoption group approved by the Animal Control
Officer or by such other manner as is approved by the Animal Control
Officer.
E.
If an animal which is subject to the vaccination
requirements of this Article is returned to a person responsible for
it following impoundment and is not currently vaccinated, the animal
must be vaccinated in either of the following manners:
1.
By a veterinarian selected by the
person responsible for the animal following the release of the animal
upon the following conditions:
a.
The person responsible for the animal
shall have the animal vaccinated within seventy-two (72) hours following
return of the animal to him/her. Failure to so vaccinate the animal
shall be a separate violation of this Article and will subject the
animal to further impoundment until the vaccination-registration is
completed;
b.
At the time of release, the person
responsible for the animal and claiming the animal shall be supplied
with a form prepared by the Animal Control Officer. Upon completion
of the vaccination-registration procedure, the person responsible
for the animal shall leave this form with the veterinarian performing
the vaccination. The veterinarian shall complete this form and return
it along with the Animal Control Officer's copy of the certificate
of vaccination-registration to the City Department of Health.
F.
Every animal impounded under the provisions
of this Article which is found upon arrival to be diseased or disabled
beyond recovery for any useful purpose as determined by a public health
official, law enforcement official, veterinarian or animal control
officer, may be humanely killed.
[R.O. 1998 § 210.100; CC 1988 §4-24; Ord. No. 1130 §9, 8-5-1985]
No person shall make any false representation
to any person employed or otherwise working at a place of animal impounding
for the purpose of obtaining possession of an animal to which he/she
is not legally entitled.
[R.O. 1998 § 210.110; CC 1988 §4-25; Ord. No. 1130 §10, 8-5-1985]
The Animal Control Officer or person
designated by him/her shall euthanize any dog, cat or other animal
showing signs of rabies. The body of the animal shall be submitted
for laboratory examination at a laboratory designated by the Animal
Control Officer.
[R.O. 1998 § 210.120; CC 1988 §4-26; Ord. No. 1130 §11, 8-5-1985]
In addition to the power to impound,
the Animal Control Officer shall have the power to examine any animal
bitten by or exposed to any other animal showing signs of rabies or
shown to have rabies by laboratory examination conducted in a manner
approved by the Animal Control Officer for the diagnosis of rabies.
[R.O. 1998 § 210.130; CC 1988 §4-27; Ord. No. 1130 §12, 8-5-1985]
A.
Any person euthanizing an animal showing
signs of rabies or suspected of being infected with rabies shall immediately
notify the Animal Control Officer and shall surrender the body of
such animal upon demand of the Animal Control Officer. The owner or
custodian of any such euthanized animal shall immediately provide
the Animal Control Officer with full particulars thereof, including
the names and addresses of any person bitten by the animal; the time,
date and place of occurrence of the bite; the time, date and place
of euthanasia of the animal; and also the name and address of a person
having custody of any animal exposed to the euthanized animal.
B.
Every veterinarian euthanizing a privately
owned animal shall inquire of a person responsible for the animal
whether the euthanized animal has bitten any human or animal in the
preceding ten (10) days. If the answer is affirmative, the veterinarian
shall forward the same information to the Animal Control Officer as
is required when an animal with rabies is euthanized and provide the
body of the animal to the Animal Control Officer for laboratory examination.
[R.O. 1998 § 210.140; CC 1988 §4-28; Ord. No. 1130 §13, 8-5-1985]
A.
Any dog, cat, puppy or kitten which has
bitten a human shall be confined for a clinical observation period
of ten (10) days, not including the day the bite occurred. The person
responsible for the animal shall prevent contact by the animal with
humans or other animals.
B.
Any dog, cat, puppy, kitten or other animal
which has been exposed to or is suspected of being exposed to rabies
or has bitten a human being shall be confined for a period or handled
in a manner prescribed in the Compendium. The person responsible for
the animal shall prevent contact by such animal with humans or with
other animals.
C.
The confinement required under Subsections (A) and (B) of this Section shall be accomplished in one of the following manners:
1.
The animal may be confined at the City's impounding facilities for clinical observation and, if alive at the termination of this period, shall be returned to a person responsible for the animal after payment of the shelter service fee provided for in Section 210.090(C).
2.
The animal may be confined for the
clinical observation period, at the expense of a person responsible
for the animal who so elects, by a veterinarian in the City selected
by the person responsible for the animal.
3.
The Animal Control Officer may authorize
a person responsible for the animal to confine the animal to his/her
residence or other suitable place for the clinical observation period.
If the animal is to be confined in a secure pen, it shall have an
asphalt, wood or concrete floor, closed top and locked gate, ensuring
that the clinical observation period will be completed with the animal
still confined. If confinement is authorized under this Subsection,
the person responsible for the animal shall further ensure that the
animal shall only be allowed outside the above-described pen or other
suitable place approved by the Animal Control Officer if the animal
is on a leash which is held by a person that is capable of and is
in fact controlling the animal in question.
4.
If the person responsible for the animal resides outside of the City and is leaving the City to immediately return to that residence and wishes to quarantine the animal under Subsection (C)(3) of this Subsection, the Animal Control Officer may, in his/her discretion, permit such a quarantine, but only upon satisfaction of all the following conditions:
a.
The animal must be examined by a
veterinarian in the City prior to leaving the City.
b.
The Animal Control Officer shall
contact a veterinarian (who may be licensed by a State other than
Missouri) who has attended the animal in the past to determine whether
the animal is currently protected from rabies by an effective vaccination.
c.
The veterinarian so contacted or
another veterinarian designated by the person responsible for the
animal must agree to examine the animal at the end of the quarantine
period and to report the results of the examination to the Animal
Control Officer within three (3) days of such examination.
D.
If an animal confined pursuant to this
Section dies during the observation period, regardless of the location
or the cause of death, the head shall be removed and submitted to
a laboratory designated by the Animal Control Officer for examination
for rabies.
[R.O. 1998 § 210.150; CC 1988 §4-29; Ord. No. 1130 §14, 8-5-1985]
A.
Any person within the City having information
or knowledge of any animal showing signs of rabies or having been
exposed to rabies shall report such knowledge or information to the
Department of Health immediately.
B.
It shall be the duty of any person bitten
by any animal, or the parent or guardian of any person seventeen (17)
years of age or under bitten by an animal, to immediately report the
occurrence to the Department of Health. Such report shall contain
the name and address of a person responsible for the animal, the day
and time of the bite, the location in the City where the bite occurred,
and a general description of the animal.
C.
Every physician shall immediately report
to the Department of Health the full name, age and address of any
person under his/her care or observation who has been bitten by an
animal, whether infected with rabies or suspected of being infected
with rabies or not so infected or so suspected.
D.
Every veterinarian treating or having under
observation any animal infected with rabies, or suspected of being
rabid, or suspected of having been exposed to rabies, shall report
to the Department of Health the name of a person responsible for the
animal, and if the animal is a dog or cat, the vaccination-registration
number.
[R.O. 1998 § 210.160; CC 1988 §4-30; Ord. No. 1130 §15, 8-5-1985]
A.
For the purpose of containing and controlling
the transmission of rabies, the Animal Control Officer may recommend
a quarantine order affecting any district in the City or affecting
the entire City, or any other portion of the City which the Animal
Control Officer determines is appropriate for controlling the transmission
of rabies, according to the severity of the situation.
B.
The Mayor may issue a quarantine order
pursuant to such recommendation. The quarantine order shall direct
that all dogs, cats, puppies and kittens, whether vaccinated and registered
according to the provisions of this Article or not, shall be confined
in the home of a person responsible for the animal, or tied up or
placed on a leash under the direct physical control of a person that
is capable of and is in fact controlling and governing the animal
in question.
C.
The Mayor may impose such other requirements
by order which it determines are appropriate to ensure the containment
of rabies within the quarantined area including, but not limited to,
the following:
D.
During the time an area quarantine is in
effect, any dog, cat or other animal not restrained or otherwise kept
in compliance with the quarantine order of the Mayor shall be impounded.
Animals subject to rabies (including dogs and cats) which are impossible
to impound, after the exercise of reasonable efforts and diligence,
may be euthanized if the Animal Control Officer so orders.
E.
During the first week after a quarantine
order is issued, the Animal Control Officer shall take reasonable
measures to inform the residents of the City of the existence of the
quarantine order and of the penalties attached to the violation of
the quarantine order.
F.
The quarantine may be terminated by the
Mayor upon the recommendation of the Animal Control Officer after
the necessity 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 such quarantine order is specifically extended
by order of the Mayor.
G.
If the Animal Control Officer determines that an emergency situation exists and that the Mayor and Board of Aldermen have not met and had an opportunity to consider the issuance of a quarantine order, under Subsection (B) of this Section, the Animal Control Officer may himself/herself issue an interim quarantine order which shall have the same effect as one issued by the Mayor. The interim quarantine order shall expire at the conclusion of the first regular meeting of the Board of Aldermen following issuance of the interim quarantine order.
H.
Every person responsible for an animal
shall comply with the requirements of the quarantine order as it applies
to that animal.
[R.O. 1998 § 210.170; CC 1988 §4-31; Ord. No. 1130 §16, 8-5-1985]
A.
It shall be unlawful for any person to
conceal an animal or interfere with the Animal Control Officer or
persons designated by him/her in the performance of their legal duties
as provided in this Article.
B.
The Animal Control Officer or persons designated
by him/her shall have the right of entry onto any lots or lands for
the purpose of collecting any dog, cat or other animal, which is subject
to impoundment pursuant to this Article. The Animal Control Officer
or his/her duly appointed 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, having been
exposed to rabies, or having bitten a person or another animal.
B.
All fines and penalties for a first finding of guilt under this Section
may be waived by the court if the person found guilty of animal neglect
shows that adequate, permanent remedies for the neglect have been
made. Reasonable costs incurred for the care and maintenance of neglected
animals may not be waived. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In addition to any other penalty imposed by Section 578.009, RSMo.,
the court may order a person found guilty of animal neglect to pay
all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected 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; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.
A person is guilty of animal trespass if a person having ownership
or custody of an animal knowingly fails to provide adequate control
for a period equal to or exceeding twelve (12) hours.
B.
For a first conviction of animal trespass, each offense shall be
punishable by a fine not to exceed two hundred dollars ($200.00).
The second and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court, provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007, RSMo., or Sections
272.010 to 272.370, RSMo.
A.
A person commits the offense of animal abuse if he or she:
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 which results in substantial harm to the animal.
[1]
Note: Under certain circumstances, this offense can be a felony
under State law.
A.
Person
commits the offense of dogfighting if he or she:
B.
The
offense of dogfighting is an ordinance violation.
[R.O. 1998 § 210.190; CC 1988 §4-33; Ord. No. 1130 §18, 8-5-1985; Ord. No. 1494 §3, 8-6-1990; Ord. No. 2199 §1, 6-4-2001; Ord.
No. 2209 §1, 8-6-2001; Ord. No. 2244 §1, 4-1-2002; Ord. No. 2527 §1, 2-5-2008]
A.
When any animal which falls within any of the categories defining a bad animal, as set out in Section 210.040 of the Animal Control Code, comes to the attention of the Animal Control Officer, such officer shall give the person responsible for such animal written notice of its classification and of such person's responsibilities under the provisions of this Section. The person responsible for such animal shall, within twenty-four (24) hours of receipt of such notice, confine the animal in the manner set out in Subsection (D) of this Section.
B.
The person responsible for such animal may, within five (5) working days of such notification, request a hearing before the Animal Control Board. If a request for hearing is not so made, such person shall, within thirty (30) days of such notification, confine the animal in the manner specified in Subsection (E)(1) of this Section and post the property on which the animal is confined in the manner specified in Subsection (E)(2) of this Section.
C.
The Animal Control Board shall hold a hearing, promptly following the timely request by the person responsible for such animal, at which persons may be heard on the question as to whether the animal does constitute a bad animal. The Animal Control Board shall make a determination, based on the evidence presented to it, as to whether such animal has any of the characteristics of a bad animal, as defined in Section 210.040, and is properly classified as a bad animal.
D.
Pending the determination by the Animal
Control Board, the animal in question shall be confined in such a
manner as not to be a threat to any person. Such confinement shall
be on the property of the person responsible for such animal either
indoors or on a leash which is secured in a manner that the animal
cannot escape from such property, or the animal can be placed with
a veterinarian.
E.
Within thirty (30) days after the determination by the Animal Control Board that the animal is properly classified as a bad animal, or if no timely request for a hearing has been made within thirty (30) days of receipt of the notice from the Animal Control Officer pursuant to Subsection (A) of this Section, every person responsible for such animal shall:
1.
Confine such animal within an animal pen complying with the specifications of Section 210.250 of this Code and for which a permit has been obtained from the Director of Building and Zoning. No other method of confinement shall be permitted.
2.
Post a notice on the property where
the animal is confined in a place conspicuously visible to the public
containing letters not less than two (2) inches high that a bad animal,
indicating the type of the animal, is on such property.
3.
Within ten (10) days the owner must
supply two (2) color photos showing left and right profiles of any
animal determined to be "bad." Said photographs shall clearly show
the color, approximate size, distinguishing marks and any other physical
characteristics of the animal.
4.
Microchip, for permanent identification,
any animal to be determined "bad" and provide such microchip number
in writing to the Animal Control Officer.
5.
Within fourteen (14) days of the
determination that the animal is "bad," the owner or responsible party
must have the animal spayed or neutered.
F.
A person responsible for a bad animal may
take such animal from its place of confinement only if the animal
is leashed and muzzled and such person can so control the animal that
it cannot injure or threaten any human, animal or property.
G.
Any bad animal found off the property of a person responsible for it may be seized by any Police Officer, the Animal Control Officer or other City employee or officer unless the animal is off such property as permitted by Subsection (F) hereof. Any bad animal so seized may be impounded, whether or not it has been returned to its pen at the time of impoundment. If impounded pursuant to this Subsection, the animal shall not be returned to a person responsible for it unless, on application by such person, the Municipal Court orders its return and all fees required by Section 210.090 have been paid.
H.
Any person responsible for a bad animal
shall maintain liability insurance in an amount not less than one
hundred thousand dollars ($100,000.00) for any bodily injury or property
damage caused by such bad animal. A certificate of insurance reflecting
such coverage shall be filed with the Animal Control Officer.
[R.O. 1998 § 210.191; Ord. No. 2380 §1, 7-6-2005]
A.
Except as otherwise provided by City ordinance,
it shall be unlawful for any person to feed any animal or fowl by
throwing, placing or spreading any food, feed or other substance to
be consumed by any such animal or fowl on the ground, street, driveway,
parking lot, sidewalk or any other premises within the City.
C.
Animal Feeders. This Section shall not
apply to any person feeding animals or fowl by means of any feeder
or other manufactured device located at least two (2) feet above ground
level.
[R.O. 1998 § 210.200; CC 1988 §4-34; Ord. No. 1130 §19, 8-5-1985; Ord. No. 1578 §1, 10-7-1991; Ord. No. 2568 §1, 10-9-2008; Ord. No. 3087, 3-5-2018]
A.
Every person responsible for a dog, cat or other animal shall keep it from being at large as defined in Subsection (B) of this Section.
B.
"At Large" Defined.
1.
A dog or cat is at large when it
is outside a cage or building from which it cannot escape, unless:
a.
It is attached to a leash held by
a person that is capable of and is in fact controlling the dog or
cat in question.
b.
It is within a vehicle from which
the animal cannot escape while the vehicle is being driven, parked,
or stopped.
c.
It is on the real property of the
person responsible for it or of a consenting person, inside a yard
that is fenced in with a physical or electric fence.
2.
A dog or cat is at large if it is
not kept securely confined while in heat or estrus. A dog or cat in
heat or estrus is confined within the meaning of this Subsection only
if:
3.
Any animal other than a dog or cat
is at large if it is not in a cage that restrains it from interfering
with any person while it is in a place of public assembly or public
commerce.
C.
Subsection (A) of this Section does not apply to animals:
1.
While being used in hunting, field
trials and dog shows while on public land set aside for those purposes;
2.
Used for tracking in conjunction
with Police activities; or
3.
Of the canine corps of any Police
force of the City of St. Ann, the 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.
D.
Notwithstanding any provision of Subsection (B) of this Section, animals which are trained to assist persons with impaired sight, hearing or other disability are not at large when accompanying a person they are trained to assist. Full and equal access to all public facilities and transportation shall be allowed to such animals accompanying disabled persons.
[R.O. 1998 § 210.210; CC 1988 §4-35; Ord. No. 1130 §20, 8-5-1985; Ord. No. 2527 §1, 2-5-2008]
A.
Every person responsible for a dog, cat,
puppy, kitten or other animal shall keep it from creating a nuisance.
B.
A dog, cat, puppy or kitten or any other
animal creates a nuisance if it:
1.
Soils, defiles or defecates on urban
property other than property of a person responsible for the animal
unless such waste is immediately removed by a person responsible for
the animal and deposited in a waste container or buried on ground
where the person responsible for the animal has permission or the
right to bury it;
2.
Damages public property or property
belonging to a person other than a person responsible for the animal;
3.
Causes unsanitary or dangerous conditions;
4.
Causes a disturbance by excessive
barking, howling, meowing or other noisemaking;
5.
Chases vehicles, including bicycles;
6.
Molests, attacks, bites or interferes
with persons or other animals on public property or property not belonging
to a person responsible for the animal;
7.
Impedes refuse collection, mail delivery
or meter reading or other public service activities by annoying persons
responsible for such activities;
8.
Tips, rummages through or damages
a refuse container;
9.
Is offensive or dangerous to the
public health, safety or welfare by virtue of the number and/or types
of animals maintained; or
10.
Attacks other domestic animals.
C.
For the purpose of Subsection (B)(1) of this Section, "urban property" is:
1.
Property in areas developed for industrial
uses;
2.
Property in areas developed for commercial
uses; or
3.
Property in areas developed for residential
uses except those residential neighborhoods developed solely with
detached single-family dwellings on lots larger than seven thousand
five hundred (7,500) square feet.
|
Property in areas with mixed uses
shall be treated as urban property.
|
[R.O. 1998 § 210.220; CC 1988 §4-37; Ord. No. 1130 §22, 8-5-1985]
The Animal Control Officer or any similar enforcement official may, when having probable cause to believe that a person is in violation of any Section of this Article, issue a citation to the person responsible for an animal. Such citation shall require the person in whose name the citation is issued to respond to said citation as set forth in Section 210.230(B).
[R.O. 1998 § 210.230; CC 1988 §4-38; Ord. No. 1130 §23, 8-5-1985; Ord. No. 2441 §2, 11-6-2006; Ord. No. 2527 §1, 2-5-2008]
A.
In cases involving violations of Sections 210.050, 210.080, 210.090, 210.140, 210.160, 210.190, 210.200 and 210.210 and where citations have been issued pursuant to Section 210.220, the Animal Control Officer is authorized to and shall have and perform the following duties:
1.
Accept payment of designated fines
and penalties and issue receipts therefor;
2.
Maintain records of all violations
of the provisions of this Chapter indexed by name of the person violating
any provision during the preceding twenty-four (24) months, whether
such violation was established in court or by payment of a fine pursuant
to this Section;
3.
Refer to the City Prosecuting Attorney
for prosecution any matter where a person charged with an offense
which may be paid to the Animal Control Officer under this Section
fails to appear and pay the fine in the time and at the place prescribed
by ordinance or by the Animal Control Officer.
B.
Any person charged with the violation of Sections 210.050, 210.080, 210.090, 210.140, 210.160, 210.190, 210.200 and 210.210 and issued a citation pursuant to Section 210.220, may, within ten (10) days after receipt of notice, pay a designated fine to the Animal Control Officer or may enter a plea of not guilty. Upon a plea of not guilty, the violation shall be referred to the office of the Prosecuting Attorney for the City for prosecution.
C.
Notwithstanding the provisions of Subsection (B) of this Section, any person accused of a third or additional violation of any of the Sections listed in Subsection (B) of this Section within a single continuous twelve-month period shall be referred to the Prosecuting Attorney for the City for prosecution.
D.
Penalties for violations for which citations
under this Section are written and which may be paid to the Animal
Control Officer pursuant to this Section are as follows:
1.
For the first offense of a Section listed in Subsection (B) of this Section to occur within a twelve-month period, twenty-five dollars ($25.00);
2.
For the second offense of the same
Section to occur within a twelve-month period, one hundred dollars
($100.00).
3.
For the third and fourth offense
of the same Section to occur within a twelve-month period, two hundred
dollars ($200.00).
4.
For the fifth offense of the same
Section to occur within a twelve-month period, a court appearance
is required and a fine of no less than five hundred dollars ($500.00)
shall be assessed.
E.
Nothing contained in this Section shall
be construed to abrogate or suspend any of the provisions of this
Chapter or to preclude the prosecution of any provision of this Chapter
in the appropriate court.
F.
The violation of any provision of this
Chapter, the failure to comply with any provision of this Chapter,
the committing of any act prohibited by this Chapter or the failure
to perform any act required by this Chapter shall constitute an unlawful
act. Each day that such offense is committed or continues to occur
shall constitute a separate offense.
H.
In addition to the foregoing penalties,
the Board of Aldermen may take such other actions at law or equity
as may be appropriate to enforce this Chapter.
[R.O. 1998 § 210.240; CC 1988 §4-39; Ord. No. 1494 §1, 8-6-1990; Ord. No. 2527 §1, 2-5-2008; Ord.
No. 3084, 1-2-2018]
A.
There is hereby created an Animal Control
Board which shall have five (5) members. The members of the Animal
Control Board shall be as follows: the Chief of Police, the Animal
Control Officer, a representative from St. Ann Animal Pet Adoptions
to be appointed by the Chief of Police, Director of Public Services
and a resident of the City of St. Ann to be appointed by the Mayor,
with the approval of the Board of Aldermen.
B.
The duties of the Animal Control Board shall be: (1) those prescribed in Section 210.190 of the City's Municipal Code; and (2) to meet and make recommendations to the Board of Aldermen on matters related to pets and wildlife within the City, including but not limited to making recommendations to the Board of Aldermen relative to the adoption of legislation.
[R.O. 1998 § 210.250; CC 1988 §4-40; Ord. No. 1494 §4, 8-6-1990]
Any person proposing to provide an
animal pen shall obtain a permit from the Director of Building and
Zoning. Such pen shall consist of a six-foot-high chain-link fence
enclosure, with or without a chain-link top, having exterior dimensions
not exceeding one hundred (100) square feet and a concrete slab, three
and one-half (3 1/2) inches thick, which shall be located only within
a rear yard and at least five (5) feet from all property lines. All
animal pens shall be cleaned daily.
[R.O. 1998 § 210.260; CC 1988 §4-41; Ord. No. 1670 §1, 2-2-1993; Ord. No. 1702 §1, 8-2-1993; Ord. No. 2245 §1, 4-1-2002; Ord.
No. 2568 §1, 10-9-2008]
A.
Notwithstanding any other provision of
this Chapter, no dog, cat or other animal shall be tethered at any
time within the front yard or side yard of any property within the
City.
