The following words, when used in this Chapter, shall have the
meanings set out herein:
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.
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.
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.
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.
Any of the following dogs:
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.
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.
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.
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]
A.
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.
B.
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.
A.
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:
1.
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.
2.
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.
3.
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.
4.
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.
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.
B.
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.
C.
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.
D.
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:
1.
The care and maintenance of neglected or abandoned 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 or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
A.
A person
is guilty of animal abuse when a person:
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 or adequate control.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
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.
B.
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.
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.
[Ord. No. 185 §7, 5-21-2003]
A.
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.
B.
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.
C.
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.
D.
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.