[Ord. No. 23-09, 6-22-2023]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
ABANDON
To forsake entirely, to neglect or refuse to provide or perform
legal obligations for the care and support of an animal. Such abandonment
shall constitute the relinquishment of all rights and claims by the
owner to such animal.
ADEQUATE CARE
Normal and prudent attention to the needs of an animal, including
health care as necessary to maintain good health or address illness
or injury in a specific species of animal.
ADEQUATE CONTROL
Reasonable restraint sufficient to prevent an animal from
running at large; from injuring itself, any person, or any other animal;
or from damaging any property.
ADEQUATE FOOD
Foodstuff provided free of contamination by insects, fungus,
mold, mildew or other form of spoilage, provided at suitable intervals
and in suitable supply for species and age of such animal, sufficient
to maintain a reasonable level of nutrition, and provided in a safe
dish or container and which is provided at least every twenty-four
(24) hours.
ADEQUATE SHELTER
The continuous provision of a structure having a roof, walls,
and a floor, which is dry, weatherproof, and made of durable material.
At a minimum, the structure must:
1.
Be sufficient in size to allow each sheltered animal housed
in it to stand up, turn around, and lie down;
2.
Shelter the animal from the adverse effects of the elements,
including access to shade from direct sunlight and protection from
exposure to inclement weather conditions;
3.
Be free of standing water and accumulated waste;
4.
Have adequate ventilation;
5.
Provide a solid surface, resting platform, pad, floor mat, or
similar device that is large enough for the animal to lie on in a
normal manner; and
6.
Have not been declared uninhabitable under Section 500.500 of
the St. Charles County Code, or by the Building Official.
ADEQUATE WATER
Potable water of a drinkable temperature which is free from
contamination by fecal matter, urine, mold, mildew, bacteria or other
forms of spoilage which would make the water unsuitable to be consumed;
and provided in a safe dish, container or by another suitable manner,
in sufficient volume, and at suitable intervals to maintain normal
hydration for the weather conditions and the age, species, condition,
size, and type of each animal, but under no circumstances shall such
interval exceed twelve (12) hours.
ADULT CAT
Any domestic member of the Felis catus family over the age
of six (6) months.
ADULT DOG
Any domestic member of the Canis familiaris family over the
age of six (6) months.
ANIMAL
Any living vertebrate except human.
AT LARGE
Off the premises of the owner, or of anyone having care,
custody, or control of the animal, and not under the adequate control
of the owner or of anyone having care, custody, or control of the
animal. At large shall not include any dog or puppy lawfully off leash
in a designated off-leash animal park.
BOARDING KENNEL
A place or establishment other than a pound where animals
not owned by the proprietor are sheltered, fed and watered for a fee.
BREEDING KENNEL
A place or establishment maintaining five (5) or more female
cats or dogs as breeding stock.
COMMUNITY CAT
A cat that is un-owned, free roaming, stray, lost or an abandoned
former pet living in the wild that may or may not be feral or socialized.
COMPENDIUM
The current Compendium of Animal Rabies Control issued by
the National Association of State Public Health Veterinarians, Inc.
COMPETENT PERSON
Any person, regardless of age, who has custodial or supervisory
authority or control over an animal.
CONTAMINATION
Pollution, waste, fungus, mold, mildew, bacteria or other
unclean material that has rendered water or food to become unusable.
DANGEROUS DOG
Any dog with the following characteristics:
1.
Any dog which has inflicted a severe or fatal injury on a human,
whether upon public or private property, provided that the Division
has a signed physician’s statement documenting the injury and
its treatment, and qualifying the injury as a severe or fatal injury.
2.
Any dog declared by the Department Director to be dangerous pursuant to Section
205.142(C) and
(D) of this Chapter or lawfully declared dangerous by a City or municipality within the County.
DEALER
Any person, group of persons or corporation engaged in selling,
auctioning or donating dogs, cats or other small animals to other
dealers, or to kennels, pet shops or research facilities.
DEPARTMENT
The St. Charles County Department of Public Health.
DIVISION
The Division of Humane Services of St. Charles County, Missouri.
DIVISION DIRECTOR
The Director of the Division of Humane Services of St. Charles
County, Missouri.
DOMESTICATED ANIMAL
Any animal, including, but not limited to, a cat, dog, kitten
or puppy, that has been tamed and kept by humans primarily for labor,
food or for human companionship. Domesticated animal shall not include
fish or any of the following caged animals: birds, reptiles, amphibians,
other small mammals weighing less than six (6) pounds, or exotic/dangerous
animals.
DUNBAR SCALE
The Dunbar Dog Bite Scale, an assessment of the severity of biting problems based on an objective evaluation of wound pathology, as codified in Section
205.146 of this Chapter.
DWELLING
A building, or portion thereof, designed and used exclusively
for residential occupancy.
ESTRUS
The period in the sexual cycle of most female mammals, during
which they are in heat.
EXOTIC/DANGEROUS ANIMAL
Any animal not indigenous to the United States and/or not
normally kept as a pet, including, but not limited to, non-human primates,
alligators, large carnivores, deadly or poisonous animals, wolves,
coyotes or any animal bred with a wolf or coyote.
EXPOSED TO RABIES
Any animal, whether licensed and vaccinated for rabies or
not, which has been bitten by or has been fighting with, or has consorted
with an animal known to have rabies or showing symptoms of rabies.
FERAL CAT
A domestic cat born in the wild or that has reverted back
to a wild state and is not tame or socialized.
FERAL CAT PROGRAM
Any program adopted as provided for in Section
205.225 or approved by the Division Director that provides spay/neuter services and education for and related to only feral and community cats.
HARBOR
To feed, shelter, or confine an animal.
IMPOUND
To apprehend, catch, trap, net or, if necessary, kill any
animal by the Division or its agent.
IMPOUNDING FACILITIES
Any premises designated by the County for the purpose of
caring for animals impounded by the Division or its agent.
KITTEN
Any domestic member of the Felis catus family age of six
(6) months or under.
MICROCHIP
A chip encoded with a unique identification number that can
be implanted in an animal for identification purposes, and is obtained
from a manufacturer, a veterinary clinic, a pet services facility,
or the Division.
OWNER
Any person who owns an animal. If an animal has more than
one (1) owner, all such persons are jointly and severally liable for
the acts or omissions of an animal owner under this Chapter, even
if the animal was in possession and control of a competent person
at the time of an offense.
PEN
A secure enclosure with four (4) sides, a top, and a lockable
gate/door that is large enough to allow animals free movement while
inside, protection from the elements and will prevent an animal from
escaping or entering.
PET SHOP
Any commercial establishment where dogs, cats or other small
animals are bought, sold, or exchanged.
PROPRIETOR
An owner of a boarding or breeding kennel, pet shop, dealership
or grooming parlor.
PUPPY
Any domestic member of the Canis familiaris family age of
six (6) months or under.
REGISTRATION-VACCINATION
The procedure of vaccinating against the rabies virus and
issuing a numbered tag and an identically numbered certificate of
vaccination. The words "registration" and "vaccination" shall be interchangeable.
SECURE FENCE
Any fence kept in good repair, constructed of wood, metal
or plastic and built to prevent an animal from going over, under or
through; and prevents the animal from putting his head or mouth through
any opening.
SEVERE OR FATAL INJURY
Any physical injury resulting directly from an animal's attack
or bite which registers as Level 4 or above on the Dunbar Scale.
TAG
Any object which bears the number of a certificate of vaccination
and which has been issued by the authority of the Division.
VETERINARIAN
Any individual who is validly and currently licensed to practice veterinary medicine in Missouri as determined by the Missouri Veterinary Medical Board in accordance with the requirements and provisions of Sections
340.200 to 340.298, RSMo.
WILD ANIMAL
Any indigenous species of animal which is not normally domesticated
in the United States and would normally live in the wild, irrespective
of its actual state of domesticity, docility or tameness.
[Ord. No. 23-09, 6-22-2023]
This Chapter shall apply to the unincorporated area of the County,
or to any cities or municipalities having adopted this Chapter in
whole or in part pursuant to a contract for kenneling and/or enforcement
with the County.
[Ord. No. 23-09, 6-22-2023]
A. Nothing
herein shall prevent the County from cooperating or joining by contract
with any City, Town or Village for the regulation of animals, provided:
1. The Governing Body of the affected City, Town or Village consents
to such cooperation or contract; and
2. In contracting with any City, Town or Village to render animal control
services, the County agrees to enforce the provisions of this Chapter
alone.