[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:
AFFECTED WITH RABIES
Infected with the rabies virus as determined by standard laboratory testing.
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).
It shall be unlawful for any person registering an animal to falsify or misrepresent material recorded as part of the registration.
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.
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.
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(220.120), 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).