[Ord. No. 00-759 §2(220.010), 11-27-2000]
For the purpose of this Chapter, the following words shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
ANIMAL CONTROL OFFICER
Any person authorized by law or employed or appointed or
as designated by the Board of Aldermen for the purpose of aiding in
the enforcement of this Section or any other law or ordinance relating
to the licensing of animals, control of animals, or seizure and impoundment
of animals.
ANIMAL SHELTER
The facility designated by the City for the detention of
animals.
DANGEROUS ANIMAL
Any animal which is capable of inflicting death or serious
injury on a person or another animal and which:
1.
Has, without provocation, attacked or bitten a person engaged
in a lawful activity;
2.
Has, while off the property of its owner and without provocation,
killed or seriously injured another animal;
3.
Has, without provocation, chased, confronted or approached a
person on a street, sidewalk or other public property in a menacing
fashion such as would put an average person in fear of attack;
4.
Has exhibited a propensity, tendency or disposition to attack,
cause injury or threaten the safety of persons or other animals without
provocation; or
5.
Has acted in a manner that causes or should cause its owner
to know that it is potentially vicious.
DOG AND CAT
Includes both male and female dogs and cats over four (4)
months old, except as otherwise specifically mentioned.
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.
IMMUNIZED
Immunized against rabies at the expense of the owner or custodian
by the administration of antirabic virus by a licensed veterinarian.
KENNEL
The house, yard, store, enclosure or place where five (5)
or more dogs or cats over the age of four (4) months are harbored
or kept.
OWNER
Includes any person having a right or property in a dog,
cat or animal, and any person who keeps or harbors a dog, cat or animal
or has it in his/her care or who acts as its custodian, and any person
who permits a dog, cat or animal to remain on or about any premises
occupied by him/her.
RABIES
Shall mean hydrophobia.
RUN AT LARGE
Roaming, running or self-hunting off the property of its
owner or custodian and not under its owner's or custodian's immediate
control.
UNPROVOKED
Action by the dog, cat or animal not in response to being
tormented, abused or assaulted by any person, or if the dog's, cat's
or animal's action was not in response to pain or injury or to protect
itself, its kennel or its offspring.
[Ord. No. 00-759 §2(220.020), 11-27-2000]
The Animal Control Officer or any other person designated by
the Board of Aldermen shall direct the enforcement of the Chapter
and the various City Officers shall perform the duties herein specified
to be respectively performed by them; the Police Officers of the City
are hereby empowered to serve upon any person or persons a summons
to appear in court for such violation in lieu of arrest or impounding
the animal.
[Ord. No. 00-759 §2(220.030), 11-27-2000]
A one-time license fee is hereby imposed upon every person who
owns, controls, manages, possesses or has part interest in any dog
or cat kept at any time during the year in the City or who permits
a dog or cat to come upon, on or in, and to remain in or about his/her
home, place of business or other premises in the City of five dollars
($5.00) for the first (1st) dog or cat and two dollars ($2.00) for
each additional dog or cat to be paid and collected by the City Clerk.
The full license fee shall be paid and no dog or cat shall be kept
or permitted to remain without a license.
[Ord. No. 00-759 §2(220.040), 11-27-2000]
It shall be a misdemeanor for any person who is the owner, in
possession of or has the custody or control over, in whole or in part,
of any dog or cat to neglect, fail or refuse to pay the license fee
above described and secured from the City Clerk a dog or cat license
tag and to keep the same securely attached to the animal by means
of a collar or harness of substantial make and condition, said metal
tag to be numbered; provided, that no metal tag shall be issued unless
the applicant therefore presents a certificate of inoculation during
the previous twelve (12) month period.
[Ord. No. 00-759 §2(220.050), 11-27-2000]
A. It shall be unlawful for any person or persons owning, controlling, possessing or having the management or care, in whole or in part, of any dog to permit the same to run at large or go off the premises of the owner or keeper thereof unless such dog is securely tied or led by a line or leash so as to effectively prevent such dog from biting, molesting, being with or approaching any person or animal at any place in the City. Subsection
(A) of this Section does not apply to animals:
1. Used for tracking in conjunction with Police activities.
2. Of the canine corps of any Police force of any local or Federal law
enforcement agency while being used to conduct official business or
being used for official purposes.
3. Dog shows or dog classes while on public land set aside for those
purposes.
4. Trained to assist persons with impaired sight, hearing or with other
disability are not at large when accompanying a person they are trained
to assist.
B. In case of a conviction in Municipal Court, the court shall fine the owner of said animal running at large an amount as set out in Section
370.050 of this Code.
[Ord. No. 00-759 §2(220.060), 11-27-2000]
It shall be the duty of the Animal Control Officer or other
designated person to take up and impound in a suitable place, the
location of which shall be published by a posting of a card or notice
in the office of the City Clerk, all dogs, cats found within the City
without license tags marked as herein provided or which may be found
running or being at large contrary to the provisions of this Chapter
provided that the work of catching and impounding dogs and cats may
be let by contract by the Board of Aldermen to St. Louis County or
to a private contractor.
[Ord. No. 00-759 §2(220.070), 11-27-2000]
If the license tag herein provided for shall have been lost,
the owner or legal possessor of the dog or cat may acquire another
metal license tag upon payment of one dollar ($1.00).
[Ord. No. 00-759 §2(220.080), 11-27-2000]
Owners or keepers of any animal whose animal has bitten a person,
or which acts in a suspicious manner suggesting rabies, or is viciously
inclined either on the public street or any private property shall,
upon receipt of a written notice, impound and quarantine the animal(s)
for a period of ten (10) days for rabies observation; and the animal(s)
so impounded shall be kept in such a manner that neither human beings
or animals can be bitten during such period of observation. It shall
be the duty of the Animal Control Officer or other designated person
to take up and impound in a suitable place, the location of which
shall be published by a posting of a card or notice in the office
of the City Clerk. Any expense incurred due to the impoundment and
quarantine shall be the responsibility of the owner or keeper of the
animal.
[Ord. No. 00-759 §2(220.090), 11-27-2000]
A. Prohibited. It shall be unlawful for any person, after being
notified as provided herein, to keep or harbor a dangerous or a potentially
dangerous animal within the City of Charlack without first having
complied with the provisions of this Chapter.
B.
Definition. As
used in this Section, the following terms shall have these prescribed
meanings:
DANGEROUS ANIMAL
Any animal which is capable of inflicting death or serious
injury on a person or another animal and which:
1.
Has, without provocation, attacked or bitten a person engaged
in a lawful activity;
2.
Has, while off the property of its owner and without provocation,
killed or seriously injured another animal;
3.
Has, without provocation, chased, confronted or approached a
person on a street, sidewalk or other public property in a menacing
fashion such as would put an average person in fear of attack;
4.
Has exhibited a propensity, tendency or disposition to attack,
cause injury or threaten the safety of persons or other animals without
provocation; or
5.
Has acted in a manner that causes or should cause its owner
to know that it is potentially vicious.
VICIOUS ANIMAL
Any dog which:
1.
Has caused death or serious injury to a person engaged in a
lawful activity;
2.
Has, on two (2) or more occasions within a twelve (12) month
period, attacked or bitten without provocation a person engaged in
a lawful activity;
3.
Has, on two (2) or more occasions within a twelve (12) month
period, while off the property of its owner and without provocation,
killed or seriously injured another animal; or
4.
Has been trained for animal fighting or is owned or kept for
the purpose of animal fighting.
C. Determination. Upon receipt of a written complaint by any
person, the Chief of Police or Judge of the Municipal Court after
reviewing the facts of the complaint may conduct a hearing to determine
if such animal is dangerous. Such a hearing shall be conducted within
ten (10) days of the receipt of the complaint or seizure of the animal,
whichever is later. The Chief of Police or Judge of the Municipal
Court shall provide notice to the owner of the animal either in person
or by certified mail, return receipt requested, and to the complainant
by regular mail of the date, time and location of the hearing, and
in no event shall the hearing be conducted less than six (6) days
after such notice has been mailed to the owner of the animal. At such
hearing, all interested persons shall be given the opportunity to
present evidence on the issue of the animal's dangerousness. If the
animal has caused severe injury to any person, the Chief of Police
or Judge of the Municipal Court may impound the animal, at the owner's
expense, pending the hearing and determination of the complaint.
D. Procedure. Whenever it shall come to the attention of Animal
Control Officer that any person within the City of Charlack is keeping
or harboring a dangerous or vicious dangerous animal as defined in
this Chapter, the Animal Control Officer shall notify the owner of
such animal in writing that such animal must be registered as a dangerous
or vicious animal within ten (10) days after the receipt of such written
notice. Said notice shall be served either in person or by mailing
such notice by certified or registered mail.
E. Sanctions. Upon conclusion of a hearing as set forth in Subsection
(C) and upon determination by the Chief of Police or Judge of the Municipal Court that the animal is dangerous, the Judge of the Municipal Court may order the owner of the animal to comply with one (1) or more of the following, in any combination thereof:
1. Registration. The owner of a dangerous animal must
register such animal with the City and upon registration shall provide
the following:
a. The name, address and telephone number of the owner;
b. A written description and representation indicating the owner has
and will continue to comply with the confinement provisions of this
Chapter;
c. Written evidence from a licensed veterinarian that the animal is
currently inoculated for rabies;
d. A written acknowledgement that the owner shall notify the Charlack
Police Department or dispatcher immediately if said animal is known
by the owner to be running at large, unconfined, or when the owner
has any knowledge or belief that the animal has bitten or is alleged
to have bitten a human being or another animal;
e. A written acknowledgement that the owner of said animal shall notify
the office of the City Clerk who shall forward the information to
the Charlack Police Department of any changes in material recorded
as part of the registration within twenty-four (24) hours of said
change. Changes in material recorded as part of the registration shall
include information that the animal has been sold, given away, or
otherwise transferred to any other person, and in that event the registered
owner shall provide the name, address and telephone number of such
person;
f. A non-refundable registration fee of twenty-five dollars ($25.00).
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It shall be unlawful for any person registering an animal to
falsify or misrepresent material recorded as part of the registration.
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2. Confinement. It shall be unlawful for the owner
of a dangerous animal to fail, neglect or refuse to securely confine
such animal in a humane manner indoors or, if outdoors, in a pen or
proper structure suitable to prevent the entry of young children or
any part of their bodies and designed to prevent the animal from escaping.
Such pen or structure shall have the following:
a. Any fencing material used shall not have openings with a diameter
of more than two (2) inches or in the case of wooden fence materials
gaps of more than two (2) inches;
b. Any gates used in such pen or structure shall be lockable or of such
design to prevent the entry of children or the escape of the animal;
c. Secure sides to prevent the animal from digging his/her way out through
the bottom;
d. Should provide the animal protection from the elements;
e. Signs should be conspicuously displayed designed to warn of the presence
of a dangerous animal on the pen or structure and on or near the entrances
to the residence where the animal is kept.
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At any time the animal is not on the premises occupied by the
owner, then the animal shall be muzzled in such a manner as to prevent
it from biting or injuring any person or other animal and kept on
a leash no longer than six (6) feet with the owner or other responsible
person attending such animal.
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3. Humane destruction. Humane destruction of any animal
that has been found to have killed or caused severe injury to any
person or other domestic animal.
F. Confiscation — Seizure — Impoundment.
1. The Animal Control Officer or Police Officer may immediately confiscate
any dangerous animal if in violation of this Chapter.
2. Any dangerous animal shall be immediately seized if the animal bites
or attacks a person or another domestic animal.
3. A hearing shall be conducted ten (10) days from the date of seizure
to determine should the animal be returned to the owner or forfeited.
4. Owner shall be subject to any penalties as set forth in this Chapter.
5. The owner or keeper of an animal impounded according to the provisions
of this Chapter shall be the sole responsibility of said owner.
6. The City of Charlack or private contractor shall not be held liable
for injury sustained to impounded animal during such confinement.
G. Appeals. The determination that any animal is dangerous or vicious as defined herein shall be deemed to have been made upon a notice to the owner of such animal as provided in Section
205.090(C). Upon such notification and after the expiration of the ten (10) days from the date of such notice, the determination shall be final and binding upon the City and upon the owner unless within ten (10) days after the notice the owner requests, in writing, a review of the determination by the Judge of the Municipal Court. At such review the owner may present any written statements or documentary evidence relevant to the determination. The Judge of the Municipal Court shall make a final and binding determination after such review within fifteen (15) days of the date of the review. The owner may appeal any final determination to the district court as provided by law.
H. Excused Behavior. No animal shall be declared dangerous
pursuant to any Section of this Chapter if the threat, injury or damage
caused by such animal was sustained by a person who, at the time,
was committing a willful trespass or other tort upon the premises
occupied by the owner of the animal or was luring, tormenting, abusing
or assaulting the animal or has in the past been observed or reported
to have lured, tormented, abused or assaulted a animal or was committing
or attempting to commit a crime; nor shall any animal be declared
dangerous if it was responding to pain or injury or was protecting
itself, its kennel or its offspring.
[Ord. No. 00-759 §2(220.100), 11-27-2000]
The term "maintain a kennel", as used in this
Chapter, shall mean owning, keeping or harboring at any one time,
whether at one (1) or more locations within the City, five (5) or
more dogs or cats over the age of four (4) months.
[Ord. No. 00-759 §2(220.110), 11-27-2000]
Any person who shall maintain a kennel within the City as herein
defined shall be deemed guilty of a misdemeanor.
[Ord. No. 00-759 §2(220.120), 11-27-2000]
A. The
owner or other responsible person shall be subject to a fine of fifty
dollars ($50.00) for conviction on complaint of any person within
the City whose property is damaged by a dog, cat or animal allowed
to run at large within the City.
B. The
owner shall be liable for all injuries and property damage sustained
by any person or domestic animal caused by an unprovoked attack. If
the owner of such dog is a minor, the parent or guardian of such minor
shall be liable for all injuries and property damage sustained by
any person or domestic animal caused by an unprovoked attack.
[Ord. No. 00-759 §2(220.130), 11-27-2000]
The Mayor with the consent of the Board of Aldermen shall be
empowered to contract with any other political subdivision, corporation
or person to catch and impound any dog and cat or dogs and cats found
to be in violation of this Chapter, the terms of such contract shall
be approved by resolution of the Board of Aldermen.
[Ord. No. 00-759 §2(220.140), 11-27-2000]
Any cat or other animal which by continuous screeching, calling
or meowing or any dog or other animal which by continual barking,
howling or yelping or by chasing vehicles shall annoy any person is
hereby declared to be a public nuisance, and any owner of such cat
or dog upon being notified to do so in writing by any Animal Control
Officer of the City shall take such action as may be necessary to
prevent such animal from continuing the acts constituting the nuisance
or shall dispose of the animal.
[Ord. No. 00-759 §2(220.150), 11-27-2000]
It is unlawful for any person owning, controlling, possessing
or having the management or care, in whole or in part, of any animal,
whether licensed or not, to allow or permit such animal to defecate
upon any sidewalk, driveway, right-of-way, private property owned
by another or public property. It shall be the responsibility of the
owner of such animal to clean and remove excretions from property
not owned or controlled by such person.
[Ord. No. 00-759 §2(220.160), 11-27-2000]
It shall be unlawful to keep any animal in any structure, pen,
coop or yard that is not maintained in a clean and sanitary condition
at all times, devoid of all rodents and vermin and free from offensive,
disagreeable or obnoxious smells or odors tending to injure annoy
or inconvenience any inhabitant of the neighborhood.
[Ord. No. 00-759 §2(220.180), 11-27-2000]
If any provision of this Chapter is adjudged invalid by any
court or competent jurisdiction, such judgment shall not affect or
impair the validity of the remainder of this Chapter.
[Ord. No. 00-759 §2(220.190), 11-27-2000]
Any person violating the provisions of this Chapter upon written
complaint by a resident or observed violation by the Animal Control
Officer is subject to the penalty or penalties as set forth in the
Municipal Code of the City of Charlack.
[Ord. No. 00-759 §2(220.200), 11-27-2000]
Any person violating the provisions of this Chapter upon conviction
shall be fined not less than five dollars ($5.00) or no more than
five hundred dollars ($500.00) or by imprisonment for a period of
not more than ninety (90) days, or by both such fine and imprisonment.
Each day that the condition exists in violation of these provisions
constitutes a separate offense. Upon conviction under this Section,
the City enforcement personnel shall have the right to seize and impound
the animal(s).