City of Foristell, MO Registration and Impounding

Section 205.110 Registration/Vaccination.

[Ord. No. 822 §§ 2 — 5, 4-4-2016]

Every person who is responsible for any puppy or kitten shall have such puppy or kitten vaccinated by a veterinarian against rabies and registered as provided in this Article when or before the puppy or kitten reaches six (6) months of age, but not before it reaches three (3) months of age.

Every cat, dog, kitten and puppy shall be vaccinated by a veterinarian as indicated by the Compendium of Animal Rabies Control. No dog or cat shall be exempted from this Article due to advanced age.

No veterinarian practicing in St. Charles County shall vaccinate a dog or cat without complying with the registration requirements of this Section.

The Division of Humane Services of the County shall prepare numbered tags and certificates of vaccination for distribution to veterinarians practicing within St. Charles County, and to veterinarians who practice outside the County but who vaccinate animals that are transported into the County.

Each veterinarian practicing in St. Charles County shall order from the Division of Humane Services of the County a sufficient number of numbered tags and certificates of vaccination to assure that he will be able to discharge his duty to register and vaccinate a dog or cat under this Section.

All veterinarians shall pay the Division of Humane Services of the County a fee to be set by the County Council for each numbered tag and certificate of vaccination ordered, payable either upon receipt of the tags and certificates ordered or within thirty (30) days of billing.

Veterinarians may include the fee authorized by Subsection (F) of this Section in the amount charged clients for supplies and services in vaccinating a dog or cat.

After vaccinating any dog or cat, the veterinarian shall complete a certificate of vaccination, assign it the number of a numbered tag, and deliver that tag and a copy of the certificate of vaccination to the vaccinated animal's owner and the St. Charles County Division of Humane Services. It shall be the owner's duty to attach the tag to a collar or harness of the vaccinated animal and ensure that the animal wears its collar or harness when outside the owner's residence. Any dog or cat found at large without a tag may be deemed to be a stray animal and not vaccinated under this Section.

The Division of Humane Services shall collect its copies of completed certificates of vaccination and maintain cross files of the certificates by name of owner and by certificate number.

Section 205.120 Animals Impounded — When — Where Kept.

[Ord. No. 822 §§ 2 — 5, 4-4-2016]

The Director of the Division of Humane Services of the County, or other persons designated by the Director, shall have the power to enter onto any lots or lands to impound the following animals:

All dogs outside while in estrus not securely confined in an enclosed pen;

All animals which are at large contrary to the requirements of Article II, Section 205.040, or which have been at large and are immediately pursued by an employee of the Division of Humane Services regardless of whether the animal is at large at the time it is apprehended;

All animals for which there is no competent person apparently responsible who can provide adequate care;

All animals exposed to rabies, whether or not at large, or on a leash, or confined to an owner's premises;

Any dog or cat which has not been vaccinated within seventy-two-hour period following release from any impounding facility;

Any dog or cat not vaccinated against the rabies virus;

Any animal that has bitten a person, or animal, or any animal that has lawfully been declared dangerous by the County or a City or municipality within the County;[1]

[1]

Editor's Note: This Subsection was amended 10-24-2016 by Ord. No. 16-088 § 1 by St. Louis County, and said amendment is included here pursuant to Ord. No. 822 § 4, adopted 4-4-2016 by the City of Foristell, which provided that any amendments to this Section adopted by St. Louis County would be included in this Code.

Any animal whose owner has voluntarily and intentionally relinquished control to the Director;

Any cat, dog, kitten or puppy not wearing a registration tag;

10.

Any animal in imminent danger of death or in pain or suffering and the issues causing the imminent danger of death or pain and suffering is not being addressed by the owner or custodian of the animal;

11.

Any animal that requires adequate care and the owner or anyone having care, custody or control has failed to provide such care after being notified by an animal control officer or law enforcement official;

12.

Any animal in a residence or on a property that has been found unfit for habitation;

13.

Any animal in a residence or on the property where the owners or occupants have been evicted by a law enforcement agency;

14.

Any animal in a residence or on the property where law enforcement has taken into custody the owner or occupant;

15.

Animals tethered not in compliance with any part of Section 205.034.

Any animal impounded pursuant to this Section shall be impounded in the St. Charles County Animal Control Shelter or elsewhere under the supervision of and in a manner satisfactory to the Director.

Any impounded animal bearing registration tags or bearing identification of ownership shall be held ten (10) days after the owner has been notified, unless it is claimed sooner by the owner. The Director shall make reasonable efforts within twenty-four (24) hours of impoundment to notify the owner, and, if unsuccessful, shall send the owner written notice by mail within forty-eight (48) hours of impoundment. The written notice shall include the date by which the owner must redeem the impounded animal, and state the fees payable pursuant to Sections 205.150 and 205.180 prior to release. Once written notice is sent, the impounded animal shall be held for ten (10) days from the date of mailing. Any impounded animal unclaimed after ten (10) days shall be placed for adoption or humanely destroyed. But no animal shall be placed for adoption if suspected of rabies, exposed to rabies, or known to have bitten any person.

If an impounded animal does not bear registration tags or identification of ownership, and is not diseased or disabled beyond reasonable recovery, that animal shall be held for five (5) consecutive business days. If unclaimed by its owner after five (5) days, that animal may be placed for adoption or humanely destroyed. But no animal shall be placed for adoption if suspected of being rabid, exposed to rabies, or known to have bitten any person or domestic animal.

The Director shall have discretion in the decision to treat or euthanize an animal, including, but not limited to, feral cats or any diseased, disabled, sick or injured animal pursuant to procedures authorized, in writing, by the Director of Public Health.

Section 205.130 Impounding Of Animals Suspected Of Or Exposed To Rabies.

[Ord. No. 822 §§ 2 — 5, 4-4-2016]

Any animal which exhibits objective symptoms suggestive of rabies, after written certification to the owner by the impounding officer or veterinarian or such other person designated by the County for enforcement of this Chapter, shall be impounded off the property of the owner. The animal shall be held for clinical observation for ten (10) days at the impounding facilities designated by the County and, if alive at the termination of this period, shall be returned to the owner after payment of the fees payable pursuant to Sections 205.150 and 205.180. As an alternative procedure, the owner, at his own expense, may designate any veterinary hospital in the County or any boarding kennel licensed by the County wherein such animal is to be impounded and observed for a similar ten-day period. If such animal should die during the observation period, regardless of the location, the head shall be removed and submitted to a qualified laboratory for examination.

Any animal which has been exposed to rabies shall be immediately destroyed unless the owner, at his expense, chooses one (1) of the following alternative methods:

Strict isolation in a kennel or animal hospital for six (6) months.

Impounding and vaccination, if the animal is a cat, dog, kitten or puppy not immunized by any vaccine recommended by the Compendium within such vaccine's duration of immunity (as stated in the Compendium under booster recommendations).

Restraint by leash at owner's home and re-vaccination, if the animal is a cat, dog, kitten or puppy immunized by a vaccine recommended by the Compendium within such vaccine's duration of immunity (as stated in the Compendium under booster recommendations).

All other conditions of this Section and of Section 205.150 of this Article, must be fulfilled prior to the release of any animal suspected of or exposed to rabies and impounded for clinical observation.

Section 205.140 Procedure Following Animal Bite.

[Ord. No. 822 §§ 2 — 5, 4-4-2016]

The owner of any cat, dog, kitten, or puppy which bites any person or animal, regardless of the circumstances or irrespective of whether such cat, dog, kitten, or puppy is vaccinated, shall place such cat or dog, kitten, or puppy in the custody of the Director for confinement in a manner satisfactory to the Director and in a manner that will prevent contact with people and other animals not already exposed for a period of not less than two hundred forty (240) hours following the date of the bite, for the purpose of clinical observation. As set out in Section 205.141, during such confinement, the cat, dog, kitten, or puppy shall be permanently identified by a microchip providing a permanent record of the identity of the animal. All expenses shall be borne by the owner of the cat, dog, kitten, or puppy as provided in Section 205.150 of this Article. If for any reason, such cat, dog, kitten, or puppy should die while in confinement, its head shall be removed and submitted to a qualified laboratory. If at the end of the period of observation such cat, dog, kitten, or puppy is alive and health, it may be released to its owner unless such cat or dog has been declared a dangerous animal and is subject to the provisions of Section 205.145 or subject to a contracting City's or municipality's ordinance authorizing humane euthanasia. An animal subject to Section 205.145 or subject to a contracting City's or municipality's ordinance authorizing humane euthanasia, shall be released or euthanized in conjunction with the provisions of those Sections.

The Division of Humane Services is authorized to allow confinement in a manner other than as described in Subsection (A) of this Section when such animal will be controlled and observed in accordance with the owner's signed agreement. Preconditions for quarantine are: the animal does not have a recent history of being at large, the animal is not displaying a sudden change in disposition, and the owner has both the ability and desire to keep the animal in a secure building and separate from other animals. All expenses shall be borne by the owner of the cat, dog, kitten, or puppy as provided in Section 205.150 of this Article. Dogs and/or puppies shall be confined in one (1) of the following manners: (a) complete indoor housing, (b) secure caging or a pen in an enclosure with a locked gate, or (c) yard confinement with secure perimeter fencing and locked gate. Cats and/or kittens shall be confined in one (1) of the following manners: (a) complete indoor housing, or (b) caging in a secure enclosure. The animal's needs for ambient temperature control, water, nutrition, elimination, and space to comfortably stand up and lie down must be adequately provided by the selected confinement method. Should the animal exhibit neurologic signs, die, or disappear during the quarantine period, Humane Services shall be notified immediately.

All other conditions of this Section and of Section 205.150 must be fulfilled prior to the release of any animal impounded or confined for clinical observation as the result of biting a person.

It shall be the duty of a person bitten by any animal, or of the parent or guardian of a minor bitten by an animal, to report the bite to the Division of Humane Services immediately. Such report shall contain the name and address of the owner of the animal, the date and time of the bite, the place where the person was bitten, and a general description of the animal and all circumstances pertaining to the bite.

All other animals subject to rabies shall be quarantined or euthanized and rabies tested in a laboratory in accordance with the rabies compendium and Public Health Officials recommendations on a case by case basis.

Section 205.141 Animal Identification.

[Ord. No. 822 §§ 2 — 5, 4-4-2016]

Any animal which is apprehended running at large or who has bitten a human being or animal shall be photographed and microchipped by the Director immediately after a bite or running at large incident or if the animal is impounded prior to its release.

The cost of such microchip shall be charged to the owner as a fee pursuant to Section 205.180.

If the animal is transferred to another owner, the previous owner shall, within ten (10) days of the transfer of ownership, inform the Director in writing of the name, address and telephone number of the new owner(s) of the animal. The previous owners shall notify the new owners in writing of the details of the animal's record, terms and conditions of maintenance, if any, and provide the Director with a copy of the notice and the new owners acknowledgment of receipt.

Section 205.142 Procedures And Requirements For Declaring Dogs To Be Dangerous And For Handling Such Dogs After Bite Incidents.

[Ord. No. 822 §§ 2 — 5, 4-4-2016]

Whenever the Director learns that a dog has bitten a human being or another domestic animal, the Director shall record the incident and determine whether the Division has records of prior incidents in which the dog in question has bitten human beings or domestic animals. The Director may consider information that the dog in question has bitten human beings or domestic animals in other Cities or Counties when that information is received in writing from the individual(s) responsible for animal control in that City or County.

If the Director finds no records of such prior incidents, and the Director determines that the bite was a provoked attack in which a human being or domestic animal has been injured and required medical care from a physician or veterinarian or was an unprovoked attack in which a human being or domestic animal was not injured and did not require medical care, the Director shall give the dog's owner an educational packet prepared by the Division stating the Division's procedures in bite cases and the Division's recommendations for animal care and for handling dogs that have bitten. If the Director determines that the bite was an unprovoked attack in which a human being or domestic animal has been injured and required medical care from a physician or veterinarian, the Director may, after considering all mitigating factors, declare the animal a dangerous dog and may utilize the procedures set out in Section 205.145. The Director's determination that the animal is a dangerous dog may be based on information that the dog in question has been declared a dangerous dog in another City or County when that information is received in writing from the individual(s) responsible for animal control in that City or County and when the criteria for determining the animal a dangerous dog in that City or County are substantially similar to the criteria set forth herein.

Regardless of whether the attack is provoked or unprovoked, where a bite occurred on the property of the owner of the dog under review, the Director may consider, as a mitigating factor in his/her decision whether to declare a dog to be dangerous, that the victim of the bite is an animal which intruded onto those premises. Where the victim of a bite which occurs on the premises of the owner is a human, the Director may only consider a provoked bite as a mitigating factor in his decision whether to declare a dog to be dangerous.

If the Director finds any record of one (1) such prior incident, including any one (1) such prior incident in another City or County, the Director shall:

Determine whether to declare the dog in question a dangerous dog after considering any or all of the following factors:

Whether the dog has killed a domestic animal, livestock or poultry without provocation while off the owner's property;

Whether the dog's owner owns or harbors the dog primarily or in part for the purpose of dog fighting, or has trained the dog for dog fighting;

Whether the dog has bitten a human being or domestic animal without provocation and off the premises of the dog's owner regardless of whether medical care was required;

Whether the dog, while on the owner's premises, has bitten without provocation a human being other than the dog's owner, or a member of that owner's family normally residing where the dog is harbored;

Whether the dog, when unprovoked, has chased or approached a human being off the premises of the dog's owner and in a menacing fashion or apparent attitudes of attack, regardless of whether the human being is injured by the dog;

Whether the dog has a known propensity, tendency or disposition to make unprovoked attacks, to cause injury, or to otherwise threaten the safety of human beings or domestic animals;

Whether the dog can be effectively trained or retrained to change its temperament or behavior;

Whether the owner maintains the dog to promote its aggressive tendencies or responses;

Any other relevant evidence concerning the maintenance of the dog; and

Any other relevant evidence regarding the ability of the owner to protect the public safety in the future if the dog is permitted to remain in the County.

Impound any dog determined to be a dangerous dog at a designated kennel as provided in Section 205.140(A) of this Chapter; and

Spay or neuter any dog determined to be dangerous while that dog is impounded.

If the Director receives a report that a dog, when unprovoked, has chased or approached a human being or domestic animal while at large and off the premises of the dog's owner and confronted that person in a menacing fashion or apparent attitude of attack, regardless of whether the human being or domestic animal is injured by the dog, the Director shall give the dog's owner an educational packet prepared by the Division concerning dangerous dogs. The Director shall record the incident in the Department's records and that incident may be taken into account in determining whether the dog is a dangerous dog should there be any subsequent bite of a human or domestic animal. The Director may consider information that a dog has, when unprovoked, chased or menaced a human being in another City or County, when that information is received in writing from the individual(s) responsible for animal control in that City or County, in determining whether to provide educational information to the dog's owner. The Director may record such information from another City or County into the Department's records and may consider such information in determining whether the dog is a dangerous dog should there be any subsequent bite of a human being or domestic animal.

If the Director finds records of two (2) or more prior incidents in which a dog has bitten a human being or a domestic animal, including incidents occurring in another City or County, where that information is received in writing from the individual(s) responsible for animal control in that City or County, the Director shall:

Declare the dog a dangerous dog;

Impound the dog at a designated kennel as provided in Section 205.140(A) of this Chapter; and

At the end of the dog's impoundment as provided above, cause the dog to be humanely euthanized pursuant to Section 205.145.

This Section shall not apply to any City or municipality having contracted with the County and opted out of this Section as provided pursuant to their contract for humane enforcement services or kenneling services.[1]

[1]

Section 205.145 Control And Euthanasia Of Dangerous Dogs.

[Ord. No. 822 §§ 2 — 5, 4-4-2016]

If the Director declares that a dog that has bitten a human being or a domestic animal is dangerous, the Director shall dispose of the dog as follows:

If the Director finds that the dog made a severe or fatal attack upon a human being or domestic animal, the Director shall cause the dog to be humanely euthanized as set out in Subsection (C) herein.

If the Director finds that the dog had been provoked to make a severe or fatal attack upon a human being or domestic animal, the Director shall either cause the dog to be humanely destroyed or return the dog to its owner subject to the owner's written agreement to control the dog as provided in Section 205.145(B) below. The agreement may include a provision that if the animal attacks again, it shall be humanely euthanized.

The Director has discretion to dispose of all other dogs declared to be dangerous either by causing them to be humanely euthanized or returned to its owner subject to the restrictions as provided in Section 205.145(B) below, after giving notice and an opportunity to be heard to the dog's owner as provided in Section 205.145(C) below.

Before the Director returns a dangerous dog to its owner, the Director shall secure that owner's written agreement to control the dog as provided herein.

Any dangerous dog shall wear at all times a bright collar with the words "Dangerous Dog" embroidered or stamped on the collar so the dog can readily be identified as a dangerous dog.

The owner of the dangerous dog shall notify the Division of Humane Services immediately if the dog is loose or missing or has attacked another animal or human being.

The owner of the dangerous dog shall notify the Division of Humane Services within twenty-four (24) hours if the dog has died or has been sold or given away to a new owner. The owner transferring custody to a new owner shall comply with the notice provisions of Section 205.141(C). If the dog has been sold or given away, the owner shall provide the Division of Humane Services with the name, address and telephone number of the new owner. The new owner, if the animal is kept within St. Charles County, must comply with the requirements in this Chapter for keeping a dangerous animal.

While on its owner's property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the animal from escaping. Such a pen or structure must have a minimum dimension of five (5) feet by ten (10) feet, must have strong, secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than twelve (12) inches. The enclosure must also provide adequate shelter, as defined by this Chapter. The enclosure, when occupied by a dangerous dog, shall not be occupied by any other animal, unless the dangerous dog is a female with young under three (3) months of age, in which case the young may occupy the same enclosure as the mother.

No dangerous dog may be kept in any area of the owner's property that would allow the dog to exit easily (i.e. behind screen doors or windows), nor may any dangerous dog be chained without a physical barrier to prevent contact with other animals or people or the escape of the dog.

A sign indicating the presence of a dangerous dog shall be present at and large enough to read from any public thoroughfare from which the property is entered and the owner of the dog shall post a notice conspicuously visible to the public at each entrance to the premises and on each side of the dog's enclosure, if any, reading in letters not less than two (2) inches high "DANGEROUS DOG - BEWARE". A sign with a picture of a growling dog shall also be displayed at all places where the notice of dangerous dog is posted. The sign available from the Division of Humane Services shall be deemed to meet this requirement. Any alternate sign shall be approved in advance, in writing, by the Director and a copy of the approved sign shall be maintained in the Division's file on the dog.

A dangerous dog may be off the owner's premises only if it is securely muzzled with a humane muzzle and on a strong leash no more than four (4) feet long and under the control of the owner.

The owner of a dangerous dog shall present to the Division of Humane Services proof that the owner has procured primary liability insurance or a surety bond to include bodily injury and property damage in the amount of at least three hundred thousand dollars ($300,000.00). Such insurance or surety bond shall be for an initial period of twelve (12) months and must be continuously renewed without a break in coverage for as long as the dangerous dog lives or is kept in St. Charles County. The insurance or bond shall be payable to any person injured by the dangerous dog. This policy or bond shall contain a provision requiring the County to be notified by the issuing company at least ten (10) working days prior to any cancellation, termination or expiration of the policy.

All owners of dangerous dogs must, within ten (10) days of such declaration, provide the Division of Humane Services with two (2) sets of color photographs of the dangerous dog, one (1) of each side and showing the color and approximate size of the dog. The owners shall, in addition to any information required by Section 205.141, provide the following information: The dog's name or names and the name, address and phone number of the dog's veterinarian.

10.

All owners of dangerous dogs must, within ten (10) days of such declaration, have the dog spayed or neutered and must provide evidence of such spaying or neutering from a duly licensed veterinarian.

11.

Any dog not controlled as provided in this Subsection 205.145(B) shall be subject to immediate seizure and impoundment for a minimum of ten (10) days or for the time necessary for the owner to comply with this Subsection, whichever is larger.

The Director shall give owners of dogs declared to be dangerous notice of the Director's declaration and intended disposition of the dog, as provided herein.

Notice of declaration of dangerous dog and of disposition. Immediately upon determining that a dog is dangerous, and at least ten (10) days prior to any humane euthanasia of any such dog, the Division of Humane Services shall notify the dog's owner, if known, if the owner is unknown or unable to be contacted, of the declaration and of any scheduled euthanasia. The notice shall state the owner's right to request a hearing before the Director of the Department of Public Health of any determination made by the Director by submitting a written request for hearing to the Director of the Department of Public Health within five (5) days of receiving the aforesaid notice.

Hearing. Upon timely receipt of the written request submitted pursuant to Subsection 205.145(C)(1), above, the Director of the Department of Public Health shall schedule a hearing at which all interested parties may be heard, including the owner, individuals possessing knowledge of the characteristics of the dog in question, and any other individuals who may come into contact with the dog if it is not destroyed. After all parties have been heard, the Director of the Department of Public Health shall make the final determinations as to whether a dog is a dangerous dog and what its disposition shall be under the provisions of this Chapter. The Director of the Department of Public Health's determination and decision is final for all purposes, and there shall be no further administrative relief available.

The Director may declare a dog to be dangerous because of its prior acts even after its owner has removed it from unincorporated St. Charles County. Such a dog may not be returned to the County.

Should the Director receive from any court of competent jurisdiction a stay of an order of euthanasia on a dog, the dog shall remain impounded in the County animal facility until the court has issued its final order.

[1]

Section 205.147 Declaration Of Animals Habitually At Large.

[Ord. No. 822 §§ 2 — 5, 4-4-2016]

The Director may, after reviewing all the circumstances surrounding the apprehension of an animal found running at large for the third (3) time or more, off the premises of the owner, custodian, or anyone having care, custody or control of that animal, determine that the animal is abandoned and declare the animal available to the public for adoption.

If the animal is so declared, the owner shall be notified by registered mail, return receipt requested or by personal delivery, and unless an appeal is filed by the owner within five (5) business days, the animal shall be made available for adoption.

Upon timely receipt of the written request submitted by the owner for a hearing to contest the issue of habitually being at large the Director of the Department of Public Health shall schedule a hearing at which all interested parties may be heard, concerning whether the animal is habitually left at large. After all parties have been heard, the Director of the Department of Public Health shall make the final determination as to whether an animal is habitually at large. A determination that the animal is habitually at large shall be made in all cases in which the animal is habitually running at large off the property of the owner, custodian, or anyone having care, custody, or control of the animal. The Director of the Department of Public Health's determination and decision is final for all purposes, and there shall be no further administrative relief available.

In the case of any animal declared habitually at large where the Director of the Department of Public Health upheld that determination, the animal may be adopted, or, if the animal is sick or not suitable for adoption, may be euthanized as allowed by ordinance.

This Section shall not apply to any dog or cat known to be feral.

Section 205.150 County Shelter Rates.

Any dog, cat or other animal captured or impounded under the provisions of this Chapter, determined not to be infected with rabies, may be redeemed by the owner or other person having the right of possession of such animal upon the presentation of proper vaccination certificate and upon the payment to the Humane and Environmental Services Department of:

An impoundment registration fee to be set by the County Council and to be charged when any animal is impounded.

A daily boarding fee to be set by the County Council and to be charged for sheltering and feeding impounded animals.

All other expenses incurred by the County in impounding in the manner provided herein.