[Ord. No. 2011-35 §§1
— 2, 11-14-2011]
A.
This
Article does not apply to any animal:
1.
While utilized by any Police Department or any Law Enforcement Officer
in the performance of their work;
2.
If any injury or attack is sustained by a person who, at the time
of the injury or attack, 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 was
committing or attempting to commit a crime;
3.
Who was protecting or defending a person within the immediate vicinity
of the animal from an unjustified attack, assault or other wrongful
behavior;
4.
If any injury or harm is sustained by a domestic animal who, at the
time of the injury or damage, was tormenting, abusing or assaulting
the animal; or
5.
Who was reacting to pain or injury; or was protecting itself, its
kennel or its offspring.
[Ord. No. 2011-35 §§1
— 2, 11-14-2011]
A.
Probable Cause. If an Animal Control Officer has investigated
and determined that there exists probable cause to believe that an
animal is dangerous or potentially dangerous, then a final determination
shall be made by the office of the City Clerk or designee whether
the animal should be declared dangerous or potentially dangerous.
Any complaint received from a member of the public, which serves as
a basis for the Animal Control Officer to determine probable cause,
shall be sworn to and verified by the complainant and shall be attached
to the Animal Control Officer's investigation report.
B.
Notification. Office of the City Clerk or designee shall
make reasonable efforts to notify the owner or keeper, if known, of
the animal that a determination will be made whether the animal should
be declared dangerous or potentially dangerous, at which time the
owner may appear and present evidence.
C.
Unclaimed Animals. If any animal is impounded pursuant to
this Article and its owner cannot be identified, the animal will be
taken to and held by St Louis County Animal Control facility.
D.
Breed-Specific Determinations. No determination of a dangerous
or potentially dangerous animal shall be based in whole or in part
on the breed of the animal or the animal's physical characteristics.
E.
Relocation Prohibited.
[Ord. No. 2019-24, 9-9-2019]
1.
Prior to the relocation of any dangerous or potentially dangerous animal within the corporate City limits, any owner, keeper or harborer of any animal deemed to be dangerous or potentially 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 Animal Control Officer to investigate and determine whether there exists probable cause to believe that an animal is dangerous or potentially dangerous pursuant to Section 215.010.
2.
Upon completion of the investigation, the Animal Control Officer
shall file a report with the office of the City Clerk, who shall make
the final determination whether the animal should be declared dangerous
or potentially dangerous. Upon a determination that the animal should
be declared dangerous or potentially dangerous, the office of the
City Clerk or designee shall make reasonable efforts to notify any
owner, keeper or harborer of the final determination.
[Ord. No. 2011-35 §§1
— 2, 11-14-2011]
A.
If
upon investigation it is determined by the Animal Control Officer
that probable cause exists that an animal poses an immediate and irreparable
threat to public safety, the Animal Control Officer may seize and
impound the animal pursuant to this Article. The owner or keeper of
the animal shall be liable for the costs and expenses of keeping the
animal if the animal is later determined to be dangerous or potentially
dangerous.
B.
When
an animal has been impounded and it is not contrary to public safety,
the Animal Control Officer shall permit the animal to be confined
at the owner's expense in a department approved kennel, veterinary
facility or at the owner's home with reasonable conditions.
[Ord. No. 2011-35 §§1
— 2, 11-14-2011]
Any animal determined to be a dangerous or potentially dangerous
animal may be humanely destroyed if the release of the animal would
create a significant threat to the public health, safety and welfare,
and there are no reasonable alternatives to such destruction.
[Ord. No. 2011-35 §§1
— 2, 11-14-2011; Ord. No. 2019-24, 9-9-2019]
A.
Vaccination And Licensing. All animals determined to be dangerous
or potentially dangerous shall be properly vaccinated and licensed
as may be required by law. The office of the City Clerk shall include
in its registration records the designation of any animal determined
to be dangerous or potentially dangerous pursuant to this Article.
B.
Tattooed Or Micro-Chipped. All dangerous or potentially dangerous
animals shall, at the owner's or keeper's expense, be tattooed
or micro-chipped. The owner or keeper shall provide the tattoo or
micro-chip number to the office of the City Clerk for inclusion in
the records.
C.
General Information. All owners or keepers of dangerous animals must,
within ten (10) days of such classification, provide the office of
the City Clerk 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 marking and approximate
size of the animal.
D.
Leash And Muzzle.
1.
A potentially dangerous animal shall, when outdoors and not
in a secured pen, be restrained on a substantial leash of not more
than four (4) feet and be kept under the control of a responsible
individual at least sixteen (16) years of age.
2.
A dangerous animal shall, when outdoors and not in a secured
pen, be muzzled and restrained on a substantial leash of not more
than four (4) feet under the control of a responsible individual at
least sixteen (16) years of age. The muzzle must be constructed so
that it will prevent the animal from biting any person or domestic
animal while not injuring the animal or interfering with the vision
or respiration of the animal.
E.
Confinement. A potentially dangerous or dangerous animal shall, while
on the property of the owner or keeper, be kept indoors or in a secured
pen from which the animal cannot readily escape and into which children
cannot readily trespass.
F.
Signs. All owners, keepers or harborers of a potentially dangerous animal or dangerous animal within the City shall post a notice on their premises in accordance with the provisions set forth in Section 215.230, Warning of Dangerous Animal Required.
G.
Spayed Or Neutered. An animal must be spayed or neutered at the owner's
expense within thirty (30) days of being declared dangerous by the
Animal Control Officer.
H.
Insurance. All owners, keepers 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.
I.
Reporting Requirements. All owners, keepers or harborers of a potentially
dangerous animal or dangerous animal must, within ten (10) days of
any of the following incidents, report said information in writing
to the office of the City Clerk:
1.
The removal from the City or death of a potentially dangerous
animal or dangerous animal;
2.
The birth of offspring of a potentially dangerous animal or
dangerous animal;
3.
The new address of a potentially dangerous animal or dangerous
animal owner should the owner move from one (1) address within the
corporate City limits to another address within the corporate City
limits;
4.
The bodily injury to or death of a person caused by a potentially
dangerous animal or dangerous animal.
J.
Relocation. If a dangerous or potentially dangerous animal dies,
is sold, transferred or permanently removed from the locality where
the owner or keeper resides, or the owner or keeper changes residence
while maintaining possession of the animal, the owner or keeper shall
notify the office of the City Clerk in writing within five (5) working
days of the new location of the animal.
K.
Notification Of Escape Of Enclosure. If the dangerous or potentially
dangerous animal escapes its enclosures, the owner or keeper of the
dangerous or potentially dangerous animal shall notify the Overland
Police Department promptly.
L.
Failure To Comply. It is unlawful for the owner, keeper or harborer
of a dangerous or potentially dangerous animal within the City to
fail to comply with the limitations, requirements and conditions set
forth in this Section. Any animal found to be the subject of a violation
of this Section shall be subject to revocation of the license and/or
registration of the animal and immediate seizure and impoundment.
The owner shall be required to take necessary action to dispose of
such dangerous or potentially dangerous animal, and the office of
the City Clerk is further authorized to dispose of such dangerous
or potentially dangerous animal if necessary action is not taken by
the owner.
M.
Violations And Penalties. Any violation of this Section shall constitute an offense punishable as provided in Section 100.150 of this Code. In addition, the court shall order the registration of the subject dangerous or potentially 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 shall find the defendant owner 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. 2011-35 §§1
— 2, 11-14-2011]
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 dog. 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 keeper of a dog.
