City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
[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; Ord. No. 6756, 1-29-2021]
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.
ANIMAL
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.
BITE
Breaking of the skin caused by an animal. Scratches are included.
CAT
Any male or female member of the domestic feline family.
DOG
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.
OWNER
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; Ord. No. 6756, 1-29-2021]
A. 
Any owner having custody of any animal shall maintain control of that animal, and;
1. 
Shall not permit the animal to be at large within the City limits.
2. 
Shall not permit the animal to be a public nuisance or disturb the peace of any person.
3. 
Shall not keep or allow to be kept on or about their property or premises, any fierce/dangerous animal, except animals classified as dangerous and kept in strict conformity with all requirements of Section 210.035(H), below.
4. 
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:
a. 
When a household owner obtains a written permission from all surrounding adjacent property owners.
b. 
When a business establishment is licensed to board, sell, care for, or protect animals.
5. 
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.
6. 
Shall keep every female dog or cat in heat confined in a building or secure enclosed in such manner that such female dog or cat cannot come into contact with another animal except for a planned breeding.
7. 
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.
8. 
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.
9. 
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.
10. 
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. 6756, 1-29-2021]
A. 
The Chief of Police or his/her designated representative shall classify any animal with the following characteristics as a dangerous animal for purposes of this Chapter:
1. 
Any animal that has inflicted a severe or fatal injury on a human on public or private property. The term "severe injury" means any physical injury resulting directly from an animal's bite or attack, which results in broken bones or lacerations requiring stitches or hospitalization. The victim receiving severe injuries as defined above, must provide photographic proof or medical records that the injury was severe enough to require stitches.
2. 
Any animal which has attacked or bitten a domestic animal, without provocation, on public or private property other than the property of the owner that resulted in injury to the other animal to a degree in which it required the attention of a veterinarian or animal clinic.
3. 
Any animal that, while off the owner's property, has killed a domestic animal, livestock, or poultry without provocation.
4. 
Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
5. 
Any animal that has been deemed fierce/dangerous by the City or any other government entity.
B. 
Within five (5) working days after classifying an animal as a dangerous animal, the Chief of Police or his/her designated representative shall notify the animal's owner of such classification, in writing. The notice shall identify the requirements and conditions for maintaining a dangerous animal as set forth in this Section. If the owner cannot be located, the animal may be immediately impounded, and notice shall be posted at the owner's last known address.
From that point forward, the animal will be considered a dangerous animal and be kept away from people in the ways stated in this Section. If the owner cannot comply with requirements and standards of this Section, then the owner can relinquish the animal to the kennel at the owner's expense.
C. 
If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A) of this Section are in dispute, or if the animal owner contests the classification, then the owner has the option of submitting, within five (5) working days of the date of the notice referenced in Subsection (B), a written request to the Chief of Police for a hearing to contest the dangerous animal classification.
1. 
The Chief of Police shall immediately notify the Administrator of the Municipal Court who shall, within fourteen (14) days after his/her receipt of the written request, coordinate with the Municipal Judge to conduct the hearing and render a decision.
2. 
Pending the outcome of such a hearing, the animal will be considered a dangerous animal and be kept away from people in the manner required for keeping dangerous animals in this Section. The confinement may be on the owner's premises or with a licensed veterinarian. If the owner cannot comply with these requirements, then they can relinquish the animal to the kennel at the owner's expense. If an owner of an animal required to be temporarily confined pending appeal of the Chief's classification of the animal as aforesaid fails to comply with terms of confinement specified in this Section pending a hearing, the animal may be seized and kept at the kennel at the owner's expense.
3. 
The Municipal Judge shall determine whether to declare the animal to be a dangerous animal based upon a preponderance of the evidence and testimony presented at the time of the hearing. The hearing shall be informal and strict rules of evidence shall not apply. The owner may be represented by counsel, present oral and written evidence, and cross examine witnesses.
4. 
The Municipal Judge shall issue a decision after the close of the hearing and notify the owner, in writing, of the decision. The owner or possessor of the animal found to be a dangerous animal shall be required to maintain the animal as herein provided in this Section.
5. 
Any owner or keeper of an animal determined to be a dangerous animal by the Municipal Judge pursuant to this Section may seek judicial review of such determination pursuant to the provisions of Chapter 536, RSMo., by filing a petition for judicial review with the Circuit Court for St. Charles County within five (5) working days of the date of the Judge's written decision.
D. 
The Chief of Police may, because of extenuating circumstances, determine from the investigation of an incident, that an animal is not at that time and based on the evidence then available deemed to be dangerous. Extenuating circumstance, may include, but are not limited to, if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime. However, the owner, being responsible for said animal, shall be warned of the animal's tendencies and shall take appropriate action to prevent subsequent incidents. A determination that the animal is not deemed to be a dangerous animal in a given instance does not exempt the owner from being cited for other animal control ordinance violations or bar a subsequent declaration in the event of other events or based upon additional evidence.
E. 
Animals owned by governmental or law enforcement agencies when being used in the services of those agencies are exempt.
F. 
Determinations that an animal is not dangerous are not binding, and upon further information or future incidents the Chief of Police may revise a previous decision and declare an animal dangerous.
G. 
Actions to be taken for dangerous animals causing severe or fatal injuries:
1. 
An animal responsible for an unprovoked severe or fatal attack shall be humanely destroyed.
2. 
An animal responsible for a provoked severe or fatal attack should be maintained as a dangerous animal pursuant to other provisions of this Section.
H. 
Owners or keepers of an animal that has been declared a dangerous animal may maintain the dangerous animal within the City only subject to the following limitations, requirements and conditions:
1. 
Registration. Every owner or keeper of a dangerous animal in the City shall immediately register said animal with the Chief of Police of the City on the dangerous animal registry. Failure to so register shall constitute a violation of this Section.
2. 
Rabies Quarantine Impoundment. Any dangerous animal which bites or scratches a human, or any animal which is determined to be dangerous because of such biting or scratching of a human, shall be impounded for a ten-day rabies quarantine in accordance with the other provisions of this Chapter.
3. 
Any dangerous animal shall wear at all times, a bright orange collar with a large brightly colored metal tag attached to the collar so the animal can readily be identified as a dangerous animal.
4. 
Loose, Unconfined Or Missing Dangerous Animal. The owner or keeper shall notify the Police Department immediately if a dangerous animal is loose, unconfined or missing, has attacked another animal or has attacked a human being.
5. 
Reporting Requirements. The owner or keeper shall notify the Police Department within twenty-four (24) hours of the following events:
a. 
Death Or Transfer Of Ownership. If a dangerous animal has been sold, given away, or otherwise transferred in ownership or possession, the owner or keeper shall provide the Police Department with the name, address and telephone number of the new owner or keeper, and, if the animal is kept within the City limits of O'Fallon, the new owner or keeper must comply with the requirements of this Chapter. If a dangerous animal has died, the owner shall notify the Police Department of that fact so the animal can be removed from the dangerous animal registry.
b. 
New Address. Should the owner or keeper move from one (1) address within the corporate City limits to another address within the corporate City limits the owner or keeper shall provide notice of the new address where the dangerous animal is being kept.
6. 
Confinement.
a. 
All dangerous animals must be securely confined indoors or in a securely enclosed and locked pen, kennel or other structure, except when leashed and muzzled as provided herein. The pen, kennel or other structure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, kennel or other structure must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and secure top attached to all sides. The pen, kennel, or other structure must be locked with a key or combination lock when dangerous animals are confined within. The pen, kennel, or other structure must have a secured bottom or floor attached to all sides; however, if it has no bottom secured to the sides, the sides must be embedded in the ground no less than twelve (12) inches. The enclosure must also provide protection from the elements for the animal.
b. 
The enclosure, when occupied by a dangerous animal, shall not be occupied by any other animal. If the dangerous animal is a female with offspring under three (3) months of age, the offspring may occupy the same enclosure as the mother.
c. 
All structures erected to house dangerous animals must comply with all zoning and building regulations of the City. All such structures must be adequately lifted and ventilated and kept in a clean and sanitary condition.
d. 
No dangerous animal may be kept on a porch, patio, or in any part of a house or structure that would allow the animal 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 animal from exiting the structure.
7. 
Signs. The owner or keeper shall display a sign on the premises that there is a dangerous animal on the property, and which bears a symbol warning children of the presence of a dangerous animal. This sign shall be visible and capable of being read from the roadway from which the property is entered. In addition, a similar sign is required to be posted on the kennel or pen or fenced yard of such animal.
8. 
Leash And Muzzle. A dangerous animal may be off the owner's premises if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible person. The muzzle must not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.
9. 
Insurance. The owner or keeper of a dangerous animal shall present to the Police Department proof that the owner or keeper has procured and is keeping in force at all times liability insurance in a single incident amount of at least two hundred thousand dollars ($200,000.00), for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. An effective insurance policy with the coverage and in the amounts specified herein must be maintained by the owner or keeper at all times. This policy shall contain a provision requiring the City of O'Fallon receive ten (10) days' written notice by the insurance company prior to any cancellation, termination, or expiration of the policy.
10. 
Photographs. All owners or keepers of dangerous animals must, within ten (10) days of such classification, provide the Police Department with two (2) color photographs (one (1) showing the left profile and the other showing the right profile) of the animal, clearly showing the color, distinguishing markings, and approximate size of the animal.
I. 
It shall be unlawful for the owner or keeper of a dangerous animal within the City of O'Fallon to fail to comply with requirements and conditions set forth in this Section. Any animal found to be in violation of this Section may be, in addition to other penalties provided by the Municipal Code, subject to immediate seizure and impoundment for a minimum of fourteen (14) days or the time necessary for the owner or keeper to show compliance with this Section, whichever is shorter.
J. 
Any person found guilty of violation of any provision of this Section shall be, for each offense, fined not more than five hundred dollars ($500.00) or be punished by imprisonment in jail not to exceed three (3) months, or be punished by both fine and imprisonment.
K. 
In addition to any penalty as provided above, the court may order the registration of the subject dangerous animal revoked and the animal removed from the City. Should the owner or keeper responsible for such animal fail or refuse to remove the animal from the City, the Municipal Judge may find the responsible owner or keeper in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this Section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this Section.
[Ord. No. 5643 §1, 12-9-2010]
A. 
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.
1. 
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.
2. 
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.
3. 
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.
4. 
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.
5. 
Animals may not be muzzled while on a tether or chain. "Tether" does not include the use of a leash to walk an animal.
6. 
Animals confined to outside pens must have not less than one hundred fifty (150) square feet of open space for each animal housed.
7. 
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°).
8. 
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.
9. 
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.
B. 
A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for 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 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.
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.
[Ord. No. 5469 §1, 6-11-2009; Ord. No. 5643 §1, 12-9-2010]
A. 
It shall be unlawful for any owner or other person controlling, possessing or having custody any dog or cat to:
1. 
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.
2. 
Tether a dog or cat except by means of:
a. 
A properly fitting harness or collar of nylon or leather construction which does not chafe or injure the animal, and
b. 
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.
3. 
Tether a dog or cat in such a manner that the animal cannot access adequate shelter while tethered.
4. 
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.
5. 
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.
6. 
Expose a dog or cat to any weather conditions that cause immediate imminent threat to the animal's physical well-being.
7. 
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.
8. 
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.
9. 
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. 
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.
[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; Ord. No. 6756, 1-29-2021]
A. 
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:
1. 
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.
2. 
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.
3. 
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 owner's expense in the City animal shelter. However, the offending animal may be impounded/quarantined at the animal owner's residence if all of the following conditions are met:
a. 
The offending animal has a valid rabies vaccination.
b. 
The animal has not been deemed to be a dangerous animal by any public agency or jurisdiction.
c. 
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.
d. 
The animal owner agrees to the following guidelines:
(1) 
Animal is not allowed outdoors off-leash.
(2) 
Animal is allowed no contact with visitors or other animals.
(3) 
Animal must reside indoors for the duration of the quarantine observation.
(4) 
The Animal Control Officer or other designated Police Official shall have twenty-four (24) hour access to the animal to check on its condition.
(5) 
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.
(6) 
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.
4. 
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 injured to such an extent that in the opinion of the Animal Control Officer or Watch Commander such destruction would be merciful.
5. 
The issuance of a "Notice to Abate Nuisance Within Ten (10) Days" to the owner or tenant of any household or business establishment where reasonable suspicion exists that:
a. 
More than three (3) animals are kept, maintained, or controlled without proper authority.
b. 
A public nuisance is being kept, maintained, or controlled. Such a notice may be issued in person, by U.S. Mail to the real property owner, tenant or agent, or by posting on the premises.
6. 
The impoundment of any and all animals in violation of the ten-day notice upon expiration of the notice period; and transportation of the animal to the City animal shelter.
7. 
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]
A. 
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:
1. 
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.
2. 
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.
3. 
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.
4. 
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.
5. 
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]
A. 
The Animal Control Officer:
1. 
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.
2. 
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.
3. 
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.
[1]
Editor's Note: Former Section 210.100, Authority of The O'Fallon Municipal Court Judge, was repealed 1-25-2021 by Ord. No. 6756.
[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; Ord. No. 6756, 1-29-2021]
A. 
Any person in violation of any provision of this Chapter is guilty of an ordinance violation and upon conviction thereof shall, unless otherwise authorized:
1. 
Be fined a minimum of fifty dollars ($50.00) for a first offense, one hundred dollars ($100.00) for a second offense, and one hundred fifty dollars ($150.00) for a third and subsequent offense. Each animal and each day of violation shall constitute a separate offense.
2. 
Be fined up to five hundred dollars ($500.00) if the conviction involves failure to comply with a "Notice to Abate Nuisance within Ten (10) Days" for each day of violation as well as all expenses of abatement.
B. 
In addition to any other penalty which may be imposed, the Court may require a dangerous animal, whether or not that animal has been declared dangerous by the administrative procedure provided in this Section, above, to be removed from the City of O'Fallon or humanely disposed of as the Court may determine to be necessary for the peace and safety of the public.
[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]
A. 
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.
B. 
The cost of such permanent identification shall be charged to the owner as a fee.