[Ord. No. 2025-51, 11-24-2025[1]]
A. 
The Chief of Police or his/her designee shall classify any animal with the following characteristics as a dangerous animal for purposes of this Article:
1. 
Any animal that has inflicted a severe or fatal injury on a human. 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 the Police Chief or his/her designee with a signed physician's statement documenting the injury and the treatment qualifying such as a severe injury or sign an authorization for the release of such statement.
2. 
Any animal which has attacked or bitten a human being or domestic animal, without provocation, on public or private property other than the property of the owner or custodian.
3. 
Any animal which, while on the owner's or custodian's property, has attacked or bitten, without provocation, a human being other than the owner or custodian or a member of the owner's or custodian's family who normally resides at the place where the animal is kept or domestic animal.
4. 
Any animal that, while off the owner's or custodian's property, has killed a domestic animal, livestock, or poultry without provocation.
5. 
Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting.
6. 
Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public grounds or private property, other than that property of the owner or custodian, in a menacing fashion or apparent attitude of attack, regardless of whether or not a person is injured by said animal.
7. 
Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals.
[1]
Editor's Note: Former Article V, Dangerous or Potentially Dangerous Animals, containing Sections 215.270 through 215.320, was repealed by Ord. No. 2025-51, 11-24-2025. Prior history includes: Ord. No. 2011-35; and Ord. No. 2019-24.
[Ord. No. 2025-51, 11-24-2025]
Prior to classifying an animal as a dangerous animal, the Chief of Police or his/her designee shall notify the animal's owner or custodian of such proposed classification, in writing, including such rationale for the proposed classification. The notice shall also identify the requirements and conditions for maintaining a dangerous animal as set forth in this Chapter, as well as the date for a hearing to determine if such animal should be classified as dangerous in accordance with Section 215.280. If the owner or custodian cannot be located, the animal may be immediately impounded, and notice shall be posted at the owner's or custodian's last known address.
[Ord. No. 2025-51, 11-24-2025]
A. 
If the Chief of Police or his/her designee shall set a date and time for a hearing before the City Administrator or his/her designee to consider the question of classification of a dangerous animal and shall transmit notice of the hearing in accordance with this Section.
B. 
At least ten (10) days prior to said hearing, the Chief of Police or his/her designee shall transmit written notice to the owner or custodian, by registered mail, return receipt requested, to his/her last known address as shown in the records of the City Clerk advising the owner or custodian of the time, date and place of hearing, and of the reason for the proposed classification as a dangerous animal under any of the definitions listed in Section 215.270 of the Article.
C. 
During the pendency of the hearing, the animal must be confined in such a manner so as not to be a threat to any person or animal. The confinement may be on the owner's or custodian's premises or with a licensed veterinarian.
D. 
The hearing shall be informal and strict rules of evidence shall not apply. The owner or custodian may be represented by counsel, present oral and written evidence, and cross-examine witnesses. This hearing shall be governed by the applicable provisions of Sections 536.100 to 536.140, RSMo., on contested cases and shall be treated as a contested case.
E. 
At the hearing the City Administrator or his/her designee, acting as Hearing Officer, shall hear testimony and make written findings of fact from the evidence offered at said hearing and give notice thereof to the owner or custodian of the animal and any victims, if known within ten (10) days of the date of the hearing. If the City Administrator or his/her designee determines that the animal qualifies as a dangerous animal in accordance with this Chapter, the City Administrator or his/her designee, shall order the owner or custodian of such animal to comply with Section 215.295. The City Administrator or his/her designee may also order the immediate impoundment of such animal, in accordance with applicable procedures to secure necessary authorization to conduct such impoundment, if the circumstances of the case demand such impoundment.
F. 
Any person aggrieved by the decision of the City Administrator or his/her designee, may seek judicial review by the Circuit Court having jurisdiction in St. Louis County. Such appeal hearing, and review of the same, shall be governed by the applicable provisions of Sections 536.100 to 536.140, RSMo., on contested cases.
G. 
During the pendency of the appeal, the animal must be confined in such a manner so as not to be a threat to any person or domestic animal. The confinement may be on the owner's or custodian's premises or with a licensed veterinarian.
[Ord. No. 2025-51, 11-24-2025]
A. 
The Chief of Police or his/her designee may, because of extenuating circumstances, determine from the investigation of an incident that an animal is not dangerous. Extenuating circumstance, include, but are not limited to:
1. 
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 custodian 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 or custodian, being responsible for said animal, shall be warned of the animal's tendencies and shall take appropriate action to prevent subsequent incidences. A determination that the animal is not dangerous does not exempt the owner or custodian from being cited for other animal control ordinance violations.
2. 
Animals owned by governmental or law enforcement agencies when being used in the services of those agencies are exempt.
3. 
Determinations that an animal is not dangerous are not binding and upon further information or future incidents the Chief of Police or his/her designee may revise his/her previous recommendation that the animal is dangerous and may instead recommend that the animal is not dangerous.
[Ord. No. 2025-51, 11-24-2025]
A. 
From and after the date of the adoption of this Article, the owner or custodian of an animal that has been classified as a dangerous animal may maintain the dangerous animal only subject to the following limitations, requirements, and conditions:
1. 
Initial Registration. Not later than five (5) days following the classification as a dangerous animal under any of the definitions listed in Section 215.270 of the Article, every owner or custodian of a dangerous animal in the City shall register said animal with the Chief of Police or his/her designee on the dangerous animal registry. Failure to so register shall constitute a violation of this Chapter.
2. 
Annual Registration. The owner or custodian of a dangerous animal shall register said animal annually, with the Chief of Police or his/her designee, no later than the annual date of the initial classification as a dangerous animal and shall provide the following at the time of registration:
a. 
Annual dangerous animal registration fee: fifty dollars ($50.00).
b. 
Proof of vaccination as required pursuant to Section 215.295(A)(4).
c. 
Proof of insurance as required pursuant to Section 215.295(A)(13).
Failure to complete annual registration shall constitute a violation of this Section.
3. 
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 Article.
4. 
Vaccination And Licensing. All animals determined to be dangerous shall be properly vaccinated and licensed as may be required by law, including this Chapter. The Chief of Police or his/her designee shall include in its registration records the designation of any animal determined to be dangerous pursuant to this Article.
5. 
Tattooed Or Micro-Chipped. All dangerous animals shall, at the owner's or custodian's expense, be tattooed or micro-chipped. The owner or custodian shall provide the tattoo or micro-chip number to the Chief of Police or his/her designee for inclusion in the City's records.
6. 
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.
7. 
Loose, Unconfined, Or Missing Dangerous Animal. The owner or custodian shall notify the Chief of Police or his/her designee immediately if a dangerous animal is loose, unconfined, or missing, has attacked another animal, or has attacked a human being.
8. 
An animal must be spayed or neutered at the owner's or custodian's expense within thirty (30) days of being classified as dangerous by the Chief of Police or his/her designee.
9. 
Reporting Requirements. The owner or custodian shall notify the Chief of Police or his/her designee 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 custodian shall provide the Chief of Police or his/her designee with the name, address, and telephone number of the new owner or custodian and, if the animal is kept within the City limits of Overland, the new owner or custodian must comply with the requirements of this Chapter. If a dangerous animal has died, the owner or custodian shall notify the Chief of Police or his/her designee of that fact so the animal can be removed from the dangerous animal registry.
b. 
New Address. Should the owner or custodian move from one (1) address within the corporate City limits to another address within the corporate City limits, the owner or custodian shall provide notice of the new address where the dangerous animal is being kept.
c. 
Bodily Injury Or Death. The bodily injury to, or death of, a person caused by a dangerous animal.
10. 
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.
b. 
The pen, kennel, or other structure must provide "adequate shelter" as defined in this Chapter.
c. 
The pen, kennel, or other structure 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 pen, kennel, or other structure as the mother.
d. 
All pen, kennel, or other structure erected to house dangerous animals must comply with all zoning and building regulations of the City. All pen, kennel, or other structure must be adequately lifted and ventilated and kept in a clean, sanitary, and nuisance-free condition.
e. 
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.
11. 
Signs. The owner or custodian shall display a sign and maintain on his/her 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 and maintained on the kennel, pen, or fenced yard of such animal.
12. 
Leash And Muzzle. A dangerous animal may be off the owner's or custodian's premises if it is muzzled and restrained by a substantial chain or leash not exceeding four (4) feet in length and under the control of a responsible person at least sixteen (16) years of age. 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.
13. 
Insurance. All owners, custodians, or harborers of a dangerous animal must provide proof to the office of the City Clerk that he or she has procured primary liability insurance coverage for the dangerous animal, accompanied by written confirmation from the insurance carrier which acknowledges coverage for the dangerous animal and contains specific reference to and identification of such animal, or a signed letter from the insurance company indicating that they are aware of such animal and will provide liability coverage in the event of a claim involving said animal, and which provides coverage for bodily injury in the amount of at least two hundred fifty thousand dollars ($250,000.00) per occurrence, per animal, covering a twelve-month period or as long as the dangerous animal is present within the City, whichever is shorter. This policy shall contain a provision requiring the City to be notified by the issuing company prior to any cancellation, termination or expiration of the policy.
14. 
Photographs. All owners or custodian of dangerous animals must, within ten (10) days of such classification, provide the Chief of Police or his/her designee 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.
B. 
Compliance, Violations And Penalties.
1. 
It shall be unlawful for the owner or custodian of a dangerous animal within the City of Overland to fail to comply with requirements and conditions set forth in this Section. Any animal found to be in violation of Sections 215.270 through 215.305 or this Section may be, in addition to other penalties provided by the Municipal Code, subject to immediate seizure and impoundment for a minimum of ten (10) days or the time necessary for the owner or custodian to show compliance with this Section, whichever is shorter.
2. 
Failure to comply with Section 215.295 of this Code by any owner or custodian of a dangerous animal shall cause such dangerous animal to be a public nuisance subject to Chapter 225.
3. 
In addition to any penalty as set out in this Code, the court shall order the registration of the subject dangerous animal revoked and the animal removed from the City. Should the defendant refuse to remove the animal from the City, the Municipal Court Judge may find the defendant owner or custodian in contempt and order the immediate confiscation and impoundment of the animal. Such impoundment and confiscation shall be performed by the City or its designee(s) in accordance with all applicable procedures to enter onto the owner's or custodian's property. 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 Article shall pay all expenses, including shelter, food, handling, veterinary care and testimony, necessitated by the enforcement of this Section.
4. 
In addition to any other remedies or penalties established by law, the City Clerk on behalf of the City and after approval of the City Council, may apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to require the impoundment and removal of any dangerous animal defined by this Article. In such action the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action, the City may be awarded by the court reasonable attorney's fees in accordance with Section 79.383, RSMo.
[Ord. No. 2025-51, 11-24-2025]
A. 
Prior to the relocation of any dangerous animal within the corporate City limits, any owner, custodian, or harborer of any animal deemed to be dangerous by another governmental entity shall notify the City of their intent to relocate within the corporate City limits and submit to the City all necessary documentation for the Chief of Police or his/her designee to investigate and determine whether there exists probable cause to believe that an animal is dangerous pursuant to Section 215.270.
B. 
Upon completion of the investigation and a determination that the animal should be classified as dangerous, the Chief of Police or his/her designee shall make reasonable efforts to notify any owner, custodian, or harborer of the final determination.
C. 
Any owner, custodian or harborer of any animal deemed to be dangerous pursuant to Section 215.270 is prohibited from relocating the animal within the corporate City limits.
[Ord. No. 2025-51, 11-24-2025]
A. 
Nothing in this Article shall limit or abrogate any claim or cause of action any person may have under common law or Statute relating to injuries or damages resulting from a dangerous animal as defined in this Chapter. The provisions of this Article shall be in addition to such common law and Statutory remedies.
B. 
Nothing in this Article shall limit or abrogate any common law defenses, rights, privileges or justifications available under applicable law to any owner or custodian of a dangerous animal as defined in this Chapter.