[R.O. 2007 §210.010; Ord. No. 3130 §2, 7-19-1994]
This Chapter shall be known and may be cited as the "Animal Control Ordinance".
[R.O. 2007 §210.020; Ord. No. 3130 §3, 7-19-1994; Ord. No. 5347 §1, 7-10-2008; Ord. No. 5643 §1, 12-9-2010]
As used in this Chapter, the following words shall have the meanings ascribed herein, unless the context otherwise indicates:
- ADEQUATE CARE
- Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter, and medical care as necessary to maintain good health in a specific species of animal.
- ADEQUATE SHELTER
- Structurally sound, properly ventilated and weather-proofed housing which is large enough to let the animal housed in it stand up, turn around and lie down; equipped with bedding that will not absorb water and/or freeze; and will not exacerbate existing weather conditions by, for example, absorbing heat on hot sunny days or excessive size which would not retain body heat in winter. Suitable drainage must be provided so that water is not standing in or around shelter.
- AFFECTED WITH RABIES
- Infected with the rabies virus as determined by standard laboratory testing.
- Every living vertebrate except a human being.
- AT LARGE
- Off the premises of the owner and not on a leash of less than eight (8) feet in length controlled by some person physically able to prevent the animal from running free.
- Breaking of the skin caused by an animal. Scratches are included.
- Any male or female member of the domestic feline family.
- Any male or female member of the domestic canine family.
- DOMESTIC ANIMAL
- Animals that are normally considered to be household pets.
- EXPOSED TO RABIES
- When bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.
- FARM ANIMAL
- An animal normally raised on a farm or ranch and used or intended for use in farm or ranch production or as food or fiber.
- FIERCE/DANGEROUS ANIMAL
- 1. Any animal that bites, attacks or injures a human being or another domestic animal or that, by its immediate or previous action, exhibits a threat of attacking or biting a human being or another animal. The presence of the animal on its owner's property shall be no defense to a finding that it is fierce/dangerous in the event that the animal bites, attacks or injures a human being or another animal unless such animal was defending its owner from physical attack.
- 2. Any animal that causes fear or annoys any person without provocation on public property or on the private property other than its owner's property.
- In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
- PUBLIC NUISANCE
- Any animal that habitually barks, howls, whines, or makes other sounds that disturb a person's peace, or causes a foul or obnoxious odor to be emitted from the premises.
- SURROUNDING ADJACENT PROPERTY
- Premises on both sides, directly to the rear, on both sides of the premises directly to the rear and directly across the street of the animal owner.
- WILD ANIMAL
- Any live non-human primate, raccoon, fox, skunk, poisonous reptile, bear, wolf, wolf-hybrid, cougar, leopard, jaguar, tiger, lion, lynx, bobcat, ocelot, or any other animal which can normally be found in the wild state.
[R.O. 2007 §210.030; Ord. No. 3130 §4, 7-19-1994; Ord. No. 5643 §1, 12-9-2010]
Any owner having custody of any animal shall maintain control of that animal, and:
Shall not permit the animal to be a public nuisance or disturb the peace of any person.
Shall not permit the animal to be at large within the City limits.
Shall not keep or allow to be kept on or about their property or premises, any fierce/dangerous animal.
Shall not keep, or cause to be kept, maintained, or controlled, more than three (3) animals, over the age of three (3) months, per household or business establishment, except:
Shall ensure the animal is properly vaccinated against rabies and other diseases as may be necessary; and displays a current St. Charles County Department of Health tag.
Shall keep every female dog or cat in heat confined in a building or secure enclose in such manner that such female dog or cat cannot come into contact with another animal except for a planned breeding.
May use the electronic containment system commonly known as "Invisible Fence" as a restraint system for animals. The "Invisible Fence" may be used as a secondary restrain in addition to a visible primary enclosure. This system is permitted if all maintenance requirements to keep the "Invisible Fence" in good working condition are met.
Shall remove and dispose of all fecal accumulations in any pen, run, cage or yard where any animal is kept in such a manner as to prevent the breeding of flies or other insects, or the creation of offensive, disagreeable or noxious odors or other nuisance conditions.
Shall remove fecal matter deposited by the animal on their property, someone else's property, or in a public place, including but not limited to streets, sidewalks, parking lots, and public parks.
Shall not transport an animal in an open vehicle from which it can escape. When transporting an animal in an open-bed pickup or in any open-bed vehicle, the animal shall be confined in a secured animal carrier that provides the animal adequate room to stand, turn around, and stretch out without hindrance and provides adequate ventilation and protection from environmental conditions. Shall not allow an animal to remain in a vehicle when the temperature within such vehicle is reasonably likely to cause sickness or injury to the animal.
[Ord. No. 5643 §1, 12-9-2010]
A person is guilty of animal neglect when he/she has custody, ownership or both of an animal and fails to provide adequate care, adequate shelter or adequate control which creates an unreasonable risk of injury to the animal or results in harm to the animal or harm to a person or other domestic animal.
When outdoor temperatures reach freezing levels, all cats, dogs and small domestic animals must be moved indoors or to an area that provides heat and shelter from the weather.
All areas where animals are kept shall be cleaned regularly so that fecal matter is disposed of so not to attract insects or rodents, become unsightly or cause objectionable odor.
An Animal Control Officer may remove an animal that is living in conditions that do not meet standards outlined. If modifications to the shelter or living area do not meet the standards within five (5) business days, that animal may be seized and disposed of as ordinances permit.
An owner must provide animals with access to clean, unfrozen water in a tip-proof bowl and an appropriate shelter at all times and nutritious food at least once a day.
Animals may not be muzzled while on a tether or chain. "Tether" does not include the use of a leash to walk an animal.
Animals confined to outside pens must have not less than one hundred fifty (150) square feet of open space for each animal housed.
Protection from temperature extremes. An owner may not leave an animal outside and unattended in the case of severe weather conditions, during weather or when a heat advisory or cold advisory has been issued by a local or State authority or jurisdiction, or where temperatures and/or heat and cold indices fall below thirty-two degrees Fahrenheit (32°F) or above eighty-five degrees (85°).
An owner may not leave an animal inside where temperatures and/or heat and cold indices fall below thirty-two degrees Fahrenheit (32°F) or above eighty-five degrees (85°), including, but not limited to, confinement in garages and basements.
No person shall have an animal in possession that is known to, or suspected to, have an untended injury, accidental or deliberate, or to exhibit any signs of disease, shock, temperature fluctuations, tremors, swelling, open wounds, inability to eat, blistering or abnormal bleeding, partial paralysis, discharging blood or mucus.
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for 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 minimum fine of seventy-five dollars ($75.00) up to a fine not to exceed an amount set by State Statute, 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 three (3) months, or a minimum fine of two hundred dollars ($200.00) up to a fine not to exceed an amount set by State Statute, or both such fine and imprisonment may be imposed. Each animal and each day of violation shall constitute a separate offense. 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.
[Ord. No. 5469 §1, 6-11-2009; Ord. No. 5643 §1, 12-9-2010]
It shall be unlawful for any owner or other person controlling, possessing or having custody any dog or cat to:
Leave a dog or cat tethered outdoors for eight (8) continuous hours or for a total of twelve (12) hours in a twenty-four (24) hour period.
Tether a dog or cat except by means of:
A properly fitting harness or collar of nylon or leather construction which does not chafe or injure the animal, and
A tether in proportion to the size of the animal such that its weight and construction do not burden or encumber the animal. The tether must be at least fifteen (15) feet in length with a swivel at both ends.
Tether a dog or cat in such a manner that the animal cannot access adequate shelter while tethered.
Tether a dog or cat outdoors under conditions where the animal or tether can become entangled on the tether, another animal or some other object or where the tether can restrict the animal's access to suitable, edible and sufficient food, clean water (cool in summer and unfrozen in winter) and appropriate shelter.
Tether a dog or cat outdoors in unsafe or unsanitary conditions or when the tether does not allow the animal to defecate or urinate in an area separate from the areas where it must eat, drink or lie down.
Expose a dog or cat to any weather conditions that cause immediate imminent threat to the animal's physical well-being.
No person shall tether an animal on a choke, prong or pinch collar or tow chain or in such a manner as to cause injury, strangulation or entanglement of the animal on fences, trees or other manmade or natural obstacles.
No person shall tether an animal in an area where bare earth is present and no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation.
No person shall leave an animal tethered outside between the hours of 10:00 P.M. and 6:00 A.M., except temporarily tethering outdoors for a time period not exceeding fifteen (15) minutes.
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.
[R.O. 2007 §210.050; Ord. No. 3130 §6, 7-19-1994; Ord. No. 5347 §2, 7-10-2008; Ord. No. 5643 §1, 12-9-2010]
The Chief of Police shall appoint and subsequently supervise a suitable person(s) as an Animal Control Officer; and shall properly equip such person(s) to carry out all assigned duties. Duties of the Animal Control Officer shall include:
The enforcement of the provisions of this Chapter and any other State of Missouri Statute or City of O'Fallon ordinance, law or regulation pertaining to the control of animals as they apply within the limits of the City of O'Fallon.
The impoundment, transportation and confinement of any animal, whether on view or as the result of a complaint, in violation of the provisions of this or any other applicable law or ordinance.
The impoundment and quarantine of any animal believed to have bitten or scratched someone, or exhibiting the symptoms of rabies, for a period of ten (10) days from the date of the bite or scratch. This impoundment shall be at the animal owners expense in the City animal shelter. However, the offending animal may be impounded/quarantined at the animal owners residence if all of the following conditions are met:
The offending animal has a valid rabies vaccination.
The animal is not considered by the Chief of Police, or his designee, to be a fierce/dangerous animal.
The animal owner and victim (victim's family if the victim is a minor) both agree to the quarantine at the owner's home or business.
The animal owner agrees to the following guidelines:
Animal is not allowed outdoors off-leash.
Animal is allowed no contact with visitors or other animals.
Animal must reside indoors for the duration of the quarantine observation.
The Animal Control Officer or other designated Police Official shall have twenty-four (24) hour access to the animal to check on its condition.
If the owner fails to follow these guidelines the Animal Control Officer shall impound the animal at the designated facility for the rest of the observation period.
If an animal dies while under quarantine during the ten (10) days of impoundment, regardless of location or cause of death, the Animal Control Officer shall be notified and cause the head to be removed by the veterinarian and submitted for rabies testing. The owner will be responsible for all costs involved.
The destruction of any animal in violation of this or any other applicable law or ordinance, when such animal cannot be safely impounded, exhibits the symptoms of rabies, or is deemed by the Animal Control Officer or on-duty Police Watch Commander a fierce/dangerous animal, or is injured to such an extent that in the opinion of the Animal Control Officer or Watch Commander such destruction would be merciful.
The issuance of a "Notice to Abate Nuisance Within Ten Days" to the owner or tenant of any household or business establishment where reasonable suspicion exists that:
The impoundment of any and all animals in violation of the ten (10) day notice upon expiration of the notice period; and transportation of the animal to the City animal shelter.
The removal at the owner's request of any unwanted animal from any O'Fallon resident and transportation of the animal to the City animal shelter for disposal.
[R.O. 2007 §210.060; Ord. No. 3130 §7, 7-19-1994]
The City of O'Fallon may contract with a suitable person to maintain an animal shelter to board all animals impounded by the Animal Control Officer or any other agent of the City. The owner of the animal shelter:
Shall maintain the shelter in a sanitary condition; feed and water all impounded animals daily; protect impounded animals from any cruel treatment; maintain a telephone during normal business hours and for non-working hour emergencies; and humanely dispose of all unwanted or unclaimed animals when necessary.
Shall transmit, when deemed necessary by the animal shelter owner and the Animal Control Officer, the head of any animal which is killed or dies in impoundment to the State Division of Health or other such institution or person for the purpose of determining the presence of rabies.
Shall not release any impounded animal until properly immunized when such immunization is required by law or deemed necessary by the animal shelter owner. The animal shelter owner may collect, from the animal's owner, a reasonable fee for any immunization provided.
Shall not release any sick or injured animal until appropriate treatment has been rendered when deemed necessary by the animal shelter owner, unless the animal's owner signs a hold harmless agreement releasing the animal shelter, the City of O'Fallon, and all employees of either entity from all liability. Such treatment, if provided, will be at the animal owner's expense.
Shall not release any animal impounded until proof of payment of all required City fees is exhibited.
[R.O. 2007 §210.070; Ord. No. 3130 §8, 7-19-1994]
The Animal Control Officer:
Shall while in pursuit of any animal running at large, have the right to enter any lot or land area within the City limits for the purpose of impounding that animal.
Shall have the power to impound any animal, whether licensed or not, believed to be affected with rabies. Thereafter, any impounded animal, upon examination by any certified Doctor of Veterinary Medicine, found to be affected with rabies, or known to have been bitten by a rabid animal or other creature, shall be disposed of in a humane manner upon direction of the Chief of Police.
Shall cause to be arrested, by a Police Officer, any person who interferes with, obstructs, or refuses to deliver an animal upon reasonable request by the Animal Control Officer or other City of O'Fallon Official, while the Animal Control Officer is in the performance of impounding any animal or while investigating any incident or complaint of violation of this Chapter.
[R.O. 2007 §210.080; Ord. No. 3130 §9, 7-19-1994; Ord. No. 5347 §3, 7-10-2008]
Following the filing of charges under the provisions of this Chapter the certification of the Chief of Police, or the Chief's designee having property authority, that an animal is fierce/dangerous, and upon the motion of the Municipal Prosecutor, the Judge of the Municipal Court may order any of the following: the animal be seized and impounded pending disposition of the charges; the animal be impounded past the ten (10) day rabies quarantine period; the animal be permanently removed from the City limits; or that the animal be euthanized. If the owner requests in writing to the Court, a hearing shall be granted within five (5) days.
Upon conviction under any of the provisions of this Chapter relating to fierce/dangerous animals it shall appear to the Judge of the Municipal Court that it is necessary for the public safety and welfare that the animal concerned be euthanized, the Judge shall so order and the Animal Control Officer shall transport the animal to the City animal shelter for execution per the order of the court. The expense of the impoundment and any other associated costs shall be charged to the animal owner.
[R.O. 2007 §210.090; Ord. No. 3130 §10, 7-19-1994]
Every animal impounded under the provisions of this Chapter may be redeemed by the owner of the animal upon payment to the City Collector a fee of twenty dollars ($20.00) for the first (1st) impoundment, forty dollars ($40.00) for the second (2nd) impoundment, and sixty dollars ($60.00) for the third (3rd) and subsequent impoundments. Additionally, all daily expenses incurred by the City animal shelter for taking care of the animal and for complying with the provisions of this Chapter must be paid to the animal shelter. The animal shelter owner shall set the daily boarding fee in accordance with regular daily rates charged. Any animal impounded for three (3) full days and not redeemed by the owner, may, within four (4) days thereafter, be redeemed by any other person providing that person executes a receipt to the City stating that such person has received the animal subject to the rights of the real owner, paying all associated fees, and agreeing to indemnify the City for its costs incidental to the animal. Any animal not redeemed after a period of one (1) week may be humanely disposed of by the animal shelter owner.
[R.O. 2007 §210.100; Ord. No. 3130 §11, 7-19-1994; Ord. No. 5643 §1, 12-9-2010]
Any person in violation of any provision of this Chapter is guilty of an ordinance violation and upon conviction thereof shall, unless otherwise authorized:
Be fined a minimum of fifty dollars ($50.00) for a first (1st) offense, one hundred dollars ($100.00) for a second (2nd) offense, and one hundred fifty dollars ($150.00) for a third (3rd) and subsequent offense. Each animal and each day of violation shall constitute a separate offense.
Be fined up to five hundred dollars ($500.00) if the conviction involves failure to comply with a "Notice to Abate Nuisance Within Ten Days" for each day of violation as well as all expenses of abatement.
Be required to remove from the City limits or humanely dispose of any fierce/dangerous animal as determined by the Municipal Court.
[R.O. 2007 §210.110; Ord. No. 3130 §12, 7-19-1994]
For the purposes of this Chapter a City of O'Fallon Police Officer or Code Enforcement Officer may when required perform the duties and assume the powers of the Animal Control Officer in the enforcement of the provisions of this Chapter.
[R.O. 2007 §210.120; Ord. No. 1929 §§2—3, 6-6-1991]
All persons are hereby prohibited from bringing animals of any type, with the exception of Police dogs and seeing eye dogs, into any City park during any City sponsored festival or celebration, such as the Fourth of July or Celebration of Lights unless written permission is received from the Director of Parks or Board. This includes any pets on leashes.
A person commits the ordinance violation of killing or disabling a police animal when such person knowingly causes the death of a police animal, or knowingly disables a police animal to the extent it is unable to be utilized as a police animal, when that animal is involved in a law enforcement investigation, apprehension, tracking, or search and rescue, or the animal is in the custody of or under the control of a Law Enforcement Officer, Department of Corrections Officer, Municipal Police Department, Fire Department and a rescue unit or agency.
A person commits the ordinance violation of assault on a police animal when such person knowingly attempts to kill or disable or knowingly causes or attempts to cause serious physical injury to a police animal when that animal is involved in law enforcement investigation, apprehension, tracking, or search, or the animal is in the custody of or under the control of a Law Enforcement Officer, Department of Corrections Officer, Municipal Police Department, Fire Department or a rescue unit or agency.
[R.O. 2007 §210.140; Ord. No. 4505 §1, 4-21-2003; Ord. No. 5741 §1, 10-27-2011]
It shall be unlawful for any person to sell, own, possess or harbor any bear, lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, wolf hybrids or coyote, or any deadly, dangerous or poisonous reptile in any place other than a properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge. The keeping of farm animals, cattle, swine, sheep, horses, goats, and poultry is permissible only in agricultural zoning districts where and as may be permitted pursuant to applicable zoning regulations.
[R.O. 2007 §210.150; Ord. No. 4506 §§1—2, 4-21-2003]
Any dog, cat or ferret which is apprehended running at large or who has bitten a human being or animal shall be permanently identified by the implantation of an encoded, inert chip or like device which contains a unique identifier capable of providing a permanent record of the identity of the animal. Such device shall be implanted prior to the release of the animal from impoundment.
The cost of such permanent identification shall be charged to the owner as a fee.