The following words, when used in this Chapter, shall have the meanings set out herein:
- DOGS or CATS
- All animals of the canine or feline species, both male and female.
- In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
- RUNNING AT LARGE
- Allowing a dog or cat to be off the private premises of the owner or keeper, or his/her agent or servant, and not on a leash or confined to the arms, motor vehicle, trailer or other conveyance of the owner or keeper, his/her agent or servant.
- SERIOUS PHYSICAL INJURY
- Physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.
- A person upon the premises of the owner or keeper of the dog in question without license or privilege to be upon said premises.
- UNRESTRAINED DOG
- Any dog running at large or a dog on the premises of its owner or keeper but not confined to said premises by a leash, fence, structure or other means that would prevent the dog from leaving such premises.
- VICIOUS DOG
- Any of the following dogs:
- 1. Any dog, whether or not running at large and whether or not unrestrained, that without provocation has bitten any person not a trespasser causing serious physical injury to that person.
- 2. Any unrestrained dog, whether or not running at large, that without provocation has attempted to bite any person not a trespasser which would cause serious physical injury to that person.
- 3. Any unrestrained dog, whether or not running at large, that without provocation has placed any person not a trespasser in apprehension of immediate serious physical injury.
- 4. Any dog that has killed another dog, cat or other domestic animal without provocation.
The owner or keeper of any dog or cat in the City of New Melle is hereby required to have such animals vaccinated against rabies by a licensed veterinarian in accordance with St. Charles County regulation.
[Ord. No. 185 §6, 5-21-2003]
No owner shall own, keep or harbor upon his/her premises any dog that by frequent and habitual barking, yelping or howling or by immediate threat of attacking or biting causes fear or annoyance to the person or persons living in the immediate area or to person passing upon the streets and sidewalks.
[Ord. No. 185 §3, 5-21-2003]
It shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large within the City of New Melle at any time. Any dog or cat found without the tag provided in Section 205.020, and any dog or cat found running at large, shall be impounded.
It shall be unlawful for any person owning, controlling or harboring, possessing or having the management or care in whole or in part of any dog, cat or other animal to permit the dog, cat or other animal whether licensed or not to run at large. All dogs, cats or other animals not on the premises of the owner shall be restrained by a line or leash of a length of no more than six (6) feet.
It shall be unlawful to own, keep or harbor a vicious dog in the City of New Melle except in accordance with the following provisions:
Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. In addition, all vicious dogs on a leash outside its kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such dogs are within the structure. Said structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground no less than two (2) feet. Also, such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
Confinement indoors. No vicious dog may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
Signs. All owners, keepers or harborers of vicious dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.
[Ord. No. 185 §5, 5-21-2003]
No person shall allow a dog to chase, attack, bite, damage or injure any person, dog or other animal. Any dog having a vicious nature or temperament shall be confined upon the premises of the owner by a fence or a chain of at least twelve (12) feet in length.
It shall be the duty of the St. Charles County Animal Control to take up any dog or cat without the tag provided in Section 205.020, any dog or cat running at large, or any vicious dog in violation of Section 205.040 above and to impound the same. In effecting the capture of any dog or cat, the officers aforesaid are authorized and directed to use traps, nets, tranquilizer guns or any other humane method.
A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
The disposal of any dead or diseased animals within the person's custody or ownership;
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
A person is guilty of animal abuse when a person:
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.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
Note — Under certain circumstances this offense can be a felony under state law.
A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
[Ord. No. 185 §4, 5-21-2003]
All female dogs and cats shall be securely confined in an enclosed place while in heat.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
No person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, non-human primate, coyote, any deadly, dangerous or poisonous reptile, or any deadly or dangerous reptile over eight (8) feet long, in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge, unless such person has registered such animals with the local law enforcement agency in the County in which the animal is kept.
Section 205.120 Violation of Provisions — Search and Seizure Warrant Authorized — Notice to Owner — Hearing — Result.
[Ord. No. 185 §7, 5-21-2003]
The judge of the Municipal Court upon application of the City Attorney and upon a showing that there is probable cause to believe that a violation of this Chapter exists and that there is probable cause to believe that a dog, cat or other animal involved in that violation may be found at a specified location may issue a search and seizure warrant. The warrant shall specify the dog, cat or other animal to be seized and shall specify the location of the animal. The warrant shall only be served between the hours of 8:00 A.M. and 5:00 P.M. and shall be served only by a uniformed Police Officer of the City of New Melle, Missouri. The judge of the Municipal Court shall, upon an issuance of a search and seizure warrant under this Section, order that the City of New Melle Police Department contact the St. Charles County Department of Health Animal Control office for proper seizure and holding of the animal.
Upon at least fifteen (15) days' written notice to the owner, the judge of the Municipal Court shall conduct a hearing to determine the proper disposition of the animal. If both the City and the owner agree, the hearing may be held on less than fifteen (15) days' notice.
After conducting the hearing, the judge of the Municipal Court may determine the appropriate disposition of the animal which is necessary for the public safety and welfare, including, but not limited to, its destruction or removal from the City. If the judge orders the animal destroyed, the County Health Official or Animal Control Officer shall execute the order of the court. The remedies set forth above are in addition to the fines and penalties described below and do not preclude any other remedies available to the City.
Any person failing to comply with the provisions of this Chapter shall be subject to a fine of up to five hundred dollars ($500.00) for each day of such violation as well as the expense and cost of any action taken pursuant to court order by the County Environmental Health and Animal Control.