[Ord. No. 1801 §1, 4-6-2016]
A.
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.
B.
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.
C.
No veterinarian practicing in the City shall vaccinate a dog or cat
without complying with the registration requirements of this Section.
D.
The Division of the County shall prepare numbered tags and certificates
of vaccination for distribution to veterinarians practicing within
the City of Dardenne Prairie, and to veterinarians who practice outside
the City but who vaccinate animals that are transported into the City.
E.
Each veterinarian practicing in the City shall order from the Division
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.
F.
All veterinarians shall pay the Division 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.
G.
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.
H.
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 Division. 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.
I.
The Division shall collect its copies of completed certificates of
vaccination and maintain cross files of the certificates by name of
owner and by certificate number.
[Ord. No. 1801 §1, 4-6-2016]
A.
The Director shall have the power to enter onto any lots or lands
to impound the following animals:
1.
All dogs outside while in estrus not securely confined in an
enclosed pen;
2.
All animals which are at large contrary to the requirements of Section 205.040 of this Chapter, or which have been at large and are immediately pursued by an employee of the Division regardless of whether the animal is at large at the time it is apprehended;
3.
All animals for which there is no competent person apparently
responsible who can provide adequate care;
4.
All animals exposed to rabies, whether or not at large, or on
a leash, or confined to an owner's premises;
5.
Any dog or cat which has not been vaccinated within a seventy-two-hour
period following release from any impounding facility;
6.
Any dog or cat not vaccinated against the rabies virus;
7.
Any animal that has bitten a person or animal;
8.
Any animal whose owner has voluntarily and intentionally relinquished
control to the Director;
9.
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;
B.
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.
C.
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 205.240 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.
D.
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.
E.
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 St. Charles County Director of Public Health.
[Ord. No. 1801 §1, 4-6-2016]
A.
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 205.240. 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.
B.
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:
1.
Strict isolation in a kennel or animal hospital for six (6)
months.
2.
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).
3.
Restraint by leash at owner's home and revaccination, 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).
[Ord. No. 1801 §1, 4-6-2016]
A.
The owner of any cat, dog, kitten, or puppy which bites any person, 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. 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 healthy, 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. An animal subject to the provisions of Section205.145 shall be released or euthanized in conjunction with the provisions of that Section.
B.
The Division 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. Dogs and/or puppies shall be confined in one 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 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, the Division shall be notified immediately.
C.
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.
D.
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 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.
E.
All other animals subject to rabies shall be quarantined or euthanized
and rabies tested in a laboratory in accordance with the rabies compendium
and recommendations of public health officials with appropriate jurisdictional
authority on a case-by-case basis.
[Ord. No. 1801 §1, 4-6-2016]
A.
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.
C.
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 owner's acknowledgment of receipt.
[Ord. No. 1801 §1, 4-6-2016]
A.
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.
B.
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.
C.
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.
D.
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:
1.
Determine whether to declare the dog in question a dangerous
dog after considering any or all of the following factors:
a.
Whether the dog has killed a domestic animal, livestock or poultry
without provocation while off the owner's property;
b.
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;
c.
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;
d.
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;
e.
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 attitude of attack, regardless of whether the
human being is injured by the dog;
f.
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;
g.
Whether the dog can be effectively trained or retrained to change
its temperament or behavior;
h.
Whether the owner maintains the dog to promote its aggressive
tendencies or responses;
i.
Any other relevant evidence concerning the maintenance of the
dog; and
j.
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 City.
2.
Impound any dog determined to be a dangerous dog at a designated kennel as provided in Section 205.140(A) of this Chapter; and
3.
Spay or neuter any dog determined to be dangerous while that
dog is impounded.
E.
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 Division'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 Division'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.
F.
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:
1.
Declare the dog a dangerous dog;
2.
Impound the dog at a designated kennel as provided in Section 205.140(A) of this Chapter; and
[Ord. No. 1801 §1, 4-6-2016]
A.
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:
1.
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.
2.
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.
3.
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.
B.
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.
1.
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.
2.
The owner of the dangerous dog shall notify the Division immediately
if the dog is loose or missing or has attacked another animal or human
being.
3.
The owner of the dangerous dog shall notify the Division 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 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.
4.
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.
5.
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.
6.
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 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.
7.
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.
8.
The owner of a dangerous dog shall present to the Division 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.
9.
All owners of dangerous dogs must, within ten (10) days of such declaration, provide the Division 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 Section 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 longer.
C.
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.
1.
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 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 St. Charles County of any determination made by the Director
by submitting a written request for hearing to the Director of the
Department of Public Health of St. Charles County within five (5)
days of receiving the aforesaid notice.
2.
Hearing. Upon timely receipt of the written request submitted pursuant to Section 205.145(C)(1), above, the Director of the Department of Public Health of St. Charles County 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 of St. Charles County shall make the final determination 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.
D.
The Director may declare a dog to be dangerous because of its prior
acts even after its owner has removed it from the City. Such a dog
may not be returned to the City.
E.
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.
[Ord. No. 1801 §1, 4-6-2016]
A.
The Director may, after reviewing all the circumstances surrounding
the apprehension of an animal found running at large for the third
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.
B.
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.
C.
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 of St. Charles County
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.
D.
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.
E.
This Section shall not apply to any dog or cat known to be feral.
[Ord. No. 1801 §1, 4-6-2016]
A.
Any 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 Division of:
1.
An impoundment registration fee as authorized by this Chapter
to be charged when any animal is impounded.
2.
A daily boarding fee as authorized by this Chapter to be charged
for sheltering and feeding impounded animals.
3.
All other expenses incurred by the County in impounding in the
manner provided herein.
