[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
Every owner or competent person shall prevent
their animal(s) from being "at large." All domesticated animals, when
such animal is off of their premises, in a residentially zoned district,
shall be on a leash not to exceed ten (10) feet in length.
B.
No owner shall fail to exercise proper
care and control of his/her animals to prevent them from becoming
a public nuisance. "Public nuisance" includes molesting passersby
or passing vehicles; attacking other animals, trespassing on school
grounds; damaging private or public property; barking, whining or
howling in an excessive, continuous or untimely fashion.
C.
An animal loose on its owner's property
must be accompanied by the owner or another responsible adult to whose
commands the animal will respond and be able to demonstrate that the
animal can be verbally restrained on its own property regardless of
the incentive that might cause it to leave the property. The responsible
adult must also be able to stop the animal from running at, charging
or otherwise causing pedestrians, bike riders or passing vehicles
to fear the animal will leave the property regardless of the reason
or incentive. No animal will be allowed outside unaccompanied by a
responsible adult on its owner's property unless it is physically
restrained behind a visible fence or by a chain, cable, rope or other
material that is substantial enough to restrain the animal.
D.
Every female dog or cat in heat shall be
confined in a building or secure enclosure in such a manner that such
female dog or cat cannot come into contact with another animal except
for a planned breeding.
E.
Farm animals shall be kept in the following
manner:
[Ord. No. 7840, 7-27-2023]
1.
Animals, including horses, chickens, roosters, cattle, ducks, sheep
and other farm animal, may be kept in conjunction with a farming operation
or riding stable. No stable, barn or shed providing shelter for said
animals shall be closer than fifty (50) feet to any property line.
In no case shall a horse or pony be kept on a lot of less than three
(3) acres.
2.
Chickens (hens) shall be adequately confined within an enclosure, surrounded by wire netting or other fence materials to prevent their escape therefrom and kept in good repair and free of peeling paint, untreated or rotted wood and rust. The enclosure shall be maintained in a ventilated, safe and sanitary condition, which has adequate space as outlined in Section 205.020. In no case shall hens be kept on a lot of less than one (1) acre.
F.
The City of St. Peters will allow the electronic
containment system, commonly referred to as an Invisible Fence®,
to be used as a restraint system for animals. This system is permitted
on any lot or paved area so long as it does not extend beyond the
front building line and if all maintenance requirements to keep the
Invisible Fence® in good working condition are met. On occasion,
depending on location, sign(s) may be necessary to indicate that the
animal on the property is restrained by an Invisible Fence®. Sign(s)
will be determined by the Health Manager and shall be no smaller than
six (6) inches by eight (8) inches but no more than four (4) square
feet.
G.
These restraints do not apply to animals
while being used for lawful hunting, field trials, water retrieving,
dog shows, tracking in conjunction with Police activities or of the
canine corps of any Police force in Missouri, any Federal law enforcement
agency or the Armed Forces of the United States, while being used
to conduct official business or official purposes. The Health Manager
shall allow a special situation if requested in writing and upon proof
of adequate control.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
The Health Manager 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 habitually at large. The Manager
shall have five (5) business days to determine that an animal is habitually
at large. During that time, the animal shall remain impounded at the
St. Charles County Animal Control Shelter.
B.
Upon a finding that the animal is habitually at large, the Department Director shall declare the animal abandoned. If the animal is so declared, the owner shall be notified by registered or certified mail, return receipt requested or by personal delivery. Unless an appeal is filed with the City Administrator's office by the owner within five (5) business days of receipt of such notification, the animal shall be made available for adoption, subject to Section 205.170 below. If an animal is declared habitually at large, it shall remain impounded at the St. Charles County Animal Control Shelter until final resolution of the administrative appeal process.
C.
Administrative Appeal Process; Contested
Hearing.
1.
Upon timely receipt of the written request submitted by the owner
for a hearing to appeal the determination of the animal being habitually
at large, the City Administrator's office shall schedule a hearing
at which all interested parties may be heard, concerning whether the
animal is habitually left at large.
2.
After all parties have been heard, the City Administrator 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 City Administrator'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 determined to
be habitually at large where the City Administrator upheld that determination,
the animal may be declared abandoned and made available for public
adoption. If the animal is determined to be sick or not suitable for
adoption, the animal may be humanely euthanized.
E.
This Section shall not apply to any dog
or cat known to be feral.
F.
This
Section shall not apply to any dog maintained by any governmental
law enforcement agency so long as it is maintained and utilized for
law enforcement purposes.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7434, 4-22-2021; Ord. No. 7800, 4-27-2023]
A.
No person shall own, keep or harbor any
dog that they permit to annoy neighbors or other persons living within
the immediate vicinity of the City of St. Peters by frequent or habitual
barking, howling or yelping for a period of more than twenty (20)
continuous minutes between the hours of 7:00 A.M. and 10:00 P.M. or
for a period of more than ten (10) continuous minutes between the
hours of 10:00 P.M. and 7:00 A.M. "Continuous" is
defined as uninterrupted, unbroken, or so persistently repeated at
short intervals as to constitute a virtually unbroken series. "Continuous" shall not mean intermittent or occasional.
1.
The first (1st) complaint shall result
in a verbal or written warning advising the owner or harborer of the
complaint. The animal owner will also receive information regarding
the ordinance and provisions of this code. Subsequent complaints may
result in a summons being issued.
2.
Evidence, including video recordings
with audio or a barking dog log and complaint form, may be collected
from the complainant, but must be accompanied by a signed statement
if a summons is to be issued. Animal Control Officers may also act
as witnesses, however, the complainant is expected to act as the primary
witness.
B.
Upon complaint to the Animal Control Department or upon Animal Control's receipt of a complaint taken by the Police Department, the Animal Control Department may investigate and, upon a finding that the owner of the animal has violated Subsection (A), may request further legal action if either the complainant agrees, in writing, to testify against the violator of this Section or if the officer's investigation results in evidence of the violation of Subsection (A). No legal action will be taken on an anonymous concern.
C.
In any proceeding before the Municipal
Court upon a complaint made and filed under this Chapter, if the Court
shall find the dog in question has committed the prohibited acts alleged
in the complaint, then there shall be a presumption that the defendant
owner, possessor or harborer has permitted said dog to commit the
prohibited acts alleged in the complaint, and it shall not be necessary
that the complainant prove the defendant's knowledge or intention
or scienter.
D.
This Section shall not apply to kennels or other commercial animal establishments operating under licenses issued by the City under Section 205.100.
E.
Violations of this Section shall be deemed to be a public nuisance, and may also be punishable as provided for in Sections 215.010, et seq.
F.
It shall be a defense of such violation
if the owner of the dog proves by a preponderance of evidence that
the only reason the dog was howling or barking was that the dog was
being provoked by a person or was otherwise being incited, or was
acting as a guide dog, hearing dog, service dog or police work dog.
G.
A "no bark" collar may be available from
the St. Peters Health Department, to be loaned at no charge, to residents
possessing a valid resident privilege card.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
St. Peters Health Department shall
serve as the City impounding officers with the authority to control,
pickup and dispose of any animals which are found in violation of
this Chapter within the City. In the event of a temporary vacancy
of the health staff the City Administrator may execute a contract
with any qualified person for the control, pickup and disposition
of any animals which are found in violation of this Chapter within
the City.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
The impounding officer or any person designated
by the City Administrator shall have the power to catch, confine,
and impound the following domestic or any other animals.
1.
All domestic or any other animal
which are required to have licenses and which are without licenses
displayed in the manner provided for in this Chapter: All dogs, cats
and other domestic animals off the owner's property and not securely
leashed or confined.
2.
All female domestic animals, licensed
or unlicensed, not securely confined in an enclosed place while in
estrus.
3.
All domestic animals infected with
rabies, or suspected of being exposed to rabies or being infected
with rabies, including domestic animals known to have been bitten
by a suspected rabid animal, regardless of whether at large or on
leashes, licensed or unlicensed.
4.
All animals that have been deemed
as dangerous by the City.
B.
Animals impounded in accordance with this
Chapter shall be impounded in a place designated by and under the
supervision of the City Administrator and/or the Health Manager.
C.
The Division Director, or other persons
designated by the Division 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;
3.
All animals for which there is no
owner or 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 animal that has bitten a person
or animal, or any animal that has lawfully been declared dangerous
by the City, County, or another governmental entity, when that information
is received in writing from the individual(s) responsible for animal
control in that governmental entity;
6.
Any animal whose owner has voluntarily
and intentionally relinquished control to the Division Director;
7.
Any cat, dog, kitten or puppy not
wearing a registration tag;
8.
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;
9.
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;
10.
Any animal in a residence or on a
property that has been found unfit for habitation;
11.
Any animal in a residence or on the
property where the owners or occupants have been evicted by a law
enforcement agency;
12.
Any animal in a residence or on the
property where law enforcement has taken into custody the owner or
occupant, provided that there is no other owner or competent person
present who can take custody of the animal and provide adequate care;
13.
Animals tethered in violation of
Section 205.034, OSCCMo.
D.
Any animal impounded pursuant to this Section
shall be impounded in the St. Charles County Animal Control Shelter
or at a boarding facility approved by the Division Director under
the supervision of and in a manner satisfactory to the Division Director.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
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 Manager, impounding official or designee,
as soon as is reasonably practicable 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 Manager, 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 Manager with a copy of the notice and the new owner's
acknowledgment of receipt.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
Any impounded animal bearing registration tags or bearing identification of ownership shall be held ten (10) business days after the owner has been notified, unless it is claimed sooner by the owner. The Manager shall within forty-eight (48) hours of impoundment make reasonable efforts to notify the owner, if known, of the impoundment by mail, telephone and electronic mail. The written notice shall include the date by which the owner must redeem the impounded animal, and state the fees payable pursuant to OSCCMo Section 205.150 and 205.185 of this Chapter, prior to release. Once written notice is sent, the impounded animal shall be held for ten (10) business days from the date of mailing. Any impounded animal unclaimed after ten (10) business days shall be placed for adoption or humanely destroyed, but no animal shall be placed for adoption if it is rabid, is suspected of being rabid, has been exposed to rabies within the past thirty (30) days, or is known to have bitten any person without provocation.
B.
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)
business days. If unclaimed by its owner after five (5) business days,
that animal shall be placed for adoption or humanely destroyed, but
no animal shall be placed for adoption if it is rabid, is suspected
of being rabid, has been exposed to rabies within the past thirty
(30) days, or known to have bitten any person without provocation.
C.
The Manager 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.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
Any animal which is apprehended running at large may not be released to the owner-claimant without proof that the animal has been vaccinated against rabies and proof that the animal has received a microchip as required by Section 205.151. Any animal for which such proof is lacking shall be vaccinated for rabies prior to release from impoundment, or, in the alternative, the owner-claimant may present a receipt from a duly licensed Missouri veterinarian showing payment in full for a rabies vaccination.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
If the release of an impounded animal does
not impair the safety of the public, the animal may be returned to
the owner or put up for public adoption, subject to adoption fee which
includes the cost of microchipping and any other fees and regulations
pertaining to said adoptions. Provisions shall be made for the sterilization
of all dogs, cats or other domestic animal released for adoption or
purchased from any public or private animal shelter or animal control
agency operated by a Humane Society, or by a County, City or other
political subdivision.
B.
Based on the determination of the Health
Manager, any adoption proposal may be denied.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7434, 4-22-2021; Ord. No. 7800, 4-27-2023]
A.
Redemption fee or "running at large" fee
for animals found unrestrained or off the owner's property, whether
vaccinated or not, shall be sixty dollars ($60.00).
B.
Animals impounded for quarantine and dangerous
impoundments: Set by agreement with impounding agency.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
The fees described in this Section
only apply to services or products supplied by personnel of St. Charles
County Division of Humane Services.
A.
The Division of Humane Services of St.
Charles County shall charge fees for services required or requested
pursuant to this Chapter as follows:
|
Dangerous dog basket muzzle
|
$20.00
| |
|
Aggressive/dangerous dog collar
|
$20.00
| |
|
Aggressive/dangerous dog sign
|
$10.00
| |
|
Rabies vaccination registration-altered
|
$5.00
| |
|
Rabies vaccination registration-unaltered
|
$10.00
| |
|
Rabies vouchers:
| ||
|
Altered
|
$27.00
| |
|
Unaltered
|
$30.00
| |
|
Vaccination
|
$5.00
| |
|
Administration fee
|
$10.00
| |
|
Administration fee multiples of 5 or more animals
|
$30.00
| |
|
Kennel boarding (daily fee)
|
$10.00
| |
|
Medical treatment fee
|
Actual Costs
| |
|
Adoption fee:
| ||
|
All dogs, cats, and parrots
|
$60.00
| |
|
Pocket pets
|
$5.00
| |
|
Cockatiels/parakeets/canaries
|
$10.00
| |
|
Rabbits and ferrets altered by PAC
|
$30.00
| |
|
Rabbits and ferrets already altered
|
$10.00
| |
|
Lizards/snakes
|
$20.00
| |
|
Rescue adoption
|
$30.00
| |
|
Kennel registration
|
$50.00
| |
|
Grooming fee (flea or tick treatment)
|
$25.00
| |
|
Relinquished animals
|
$20.00
| |
|
Litter relinquishment
|
$35.00
| |
|
Euthanasia
|
$45.00
| |
|
Microchips
|
$10.00
| |
|
Trap Deposit:
| ||
|
Cat
|
$40.00
| |
|
Dog
|
$100.00
| |
|
Cat carrier
|
$5.00
| |
|
Leash
|
$1.00
| |
|
Disposal of euthanized/dead animals
|
$20.00
| |
|
Ash return — dog
|
$75.00
| |
|
Ash return — cat
|
$45.00
| |
|
Ash return — small pet
|
$25.00
| |
|
Ash return — potbellied pig
|
$95.00
| |
|
Transport of privately owned animals
|
$40.00
| |
|
Service fee for wild animal removal
|
$40.00
| |
|
Pickup of wild animals:
| ||
|
During business hours
|
$40.00
| |
|
After hours
|
$100.00
| |
|
Portable coral set up fee
|
$150.00
| |
|
Necropsy
|
$100.00
| |
|
Diagnostic testing
|
Actual Costs
| |
B.
The Division shall charge fees, based upon
their actual expenses, not to exceed the fee schedule herein set out,
required or requested pursuant to the Animal Control Ordinance by
instituting an "impound fee" with a fee schedule as follows:
|
Running At Large Registered/Vaccinated
Fees
| ||
|
1st Offense
|
$20.00
| |
|
2nd Offense
|
$35.00
| |
|
3rd Offense
|
$50.00
| |
|
4th Offense and additional offenses (per offense)
|
$100.00
| |
|
Running At Large Not Registered/Vaccinated
Fees
| ||
|
1st Offense
|
$25.00
| |
|
2nd Offense
|
$50.00
| |
|
3rd Offense and additional offenses (per offense)
|
$100.00
| |
|
or
| ||
C.
In addition to the fees listed in Section 205.185, the Division shall charge for its expenses in impounding, apprehending, catching, trapping, netting, tranquilizing or treating any animal not subject to this Chapter.
D.
The Division Director may waive or modify
a fee if they determine waiver or modification of such fee to be appropriate.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
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 OSCCMo Section 205.150 and 205.185 of this Chapter. 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 or, if the Health Manager approves
one (1) of the following methods after consideration of vaccination
status and at the owner's expense, the owner may comply with one (1)
of the following alternative methods:
1.
Strict isolation in a kennel or animal
hospital for six (6) months.
2.
If the animal is a ferret, 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), impounding for a period of at least
six (6) months at the impounding facilities designated by the County
and vaccination.
3.
If the animal is a ferret, 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), confine the animal for a period of
at least forty-five (45) days to the owner's home securely indoors,
behind secure fence, or in a securely enclosed and locked pen or structure
suitable to prevent the animal from escaping, and re-vaccination.
C.
All other conditions of this Section and of OSCCMo Section 205.150, must be fulfilled prior to the release of any animal suspected of or exposed to rabies and impounded for clinical observation.
D.
The owner of any animal which bites any person or animal, regardless of the circumstances and irrespective of whether such animal is vaccinated, shall surrender such animal to the custody of the Health Manager for confinement for a period of not less than ten (10) days following the date of the bite, for the purpose of clinical observation. As set out in Section 205.151, during such confinement, the animal 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 animal as provided in OSCCMo Section 205.150. If for any reason, such animal 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 animal is alive and healthy, it may be released to its owner unless such animal has been declared a dangerous animal and is subject to the provisions of Section 205.250 or subject to a contracting City's or municipality's ordinance authorizing humane euthanasia. An animal subject to Section 205.250 or subject to a contracting City's or municipality's ordinance authorizing humane euthanasia, shall only be released or euthanized in conjunction with the provisions of those Sections.
E.
The Health Manager 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.
1.
Preconditions for confinement and quarantine are:
a.
The animal does not have a recent history of being at large, and
was not at large or off the owner's property at the time the bite
occurred;
b.
The animal is not displaying a sudden change in disposition;
c.
The owner has both the ability and desire to keep the animal in a
secure building and separate from other animals, and the owner has
demonstrated that he/she can prevent the animal from biting a human
or other animal again;
d.
In the case of a dog bite, the dog has not previously been declared
dangerous in the City of St. Peters or other jurisdiction;
e.
The animal is not under investigation for declaration as a dangerous
animal.
2.
If all of the preconditions of this Section are met, confinement
and quarantine described in this Section is at the discretion of the
Manager.
4.
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.
5.
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.
6.
The animal's needs for ambient temperature control, adequate 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.
F.
All other conditions of this Section and of OSCCMo 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.
G.
It shall be the duty of the owner of an
animal that has bitten a human being or domestic animal and 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 Health Manager or Division
immediately. Such report shall contain the name and address of the
owner of the animal, the date and time of the bite, the geographical
location where the person was bitten, and a general description of
the animal and all circumstances pertaining to the bite.
H.
All other animals suspected of exposure
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.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
For the purpose of containing and controlling
the transmission of rabies the Board of Aldermen, the Mayor, or City
Administrator shall have the power and authority at any time they
may deem it necessary for the protection of the public peace, health,
welfare, and safety to issue an order to quarantine for a time not
to exceed six (6) months. It shall be the duty of any person who owns,
controls, possesses or has custody of any animal subject to rabies
to comply strictly with such quarantine order. Notice of such quarantine
order shall be given by posting copies thereof in at least six (6)
public places within the City; provided that the Mayor, Board of Aldermen
or City Administrator may at any time cancel and recall such quarantine
order. During the time any quarantine order enacted by the Mayor,
Board of Aldermen or City Administrator pursuant to this Section is
in force, all persons residing within the City owning dogs, cats or
domestic others shall keep such animals confined upon their premises,
unless such dogs, cats or domestic others shall be attached to leashes
not more than six (6) feet long held by a competent person. The Mayor,
Board of Aldermen or City Administrator may impose such other requirements
by order which it determines are appropriate to assure the containment
of rabies within the quarantined area, including, but not limited
to, the following:
B.
Animals at large during this time will
be quarantined. Those which are impossible to impound, after the exercise
of reasonable efforts and diligence, may be euthanized if the Mayor,
Board of Aldermen, City Administrator, or person empowered by them,
so orders.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
In the event an animal is affected with
rabies or suspected of being infected with rabies the owner or custodian
shall immediately notify the Health Department and shall provide them
with all pertinent information respecting persons bitten, scratched
or suspected of being bitten or scratched by said animal and respecting
any other animals exposed to said animal.
B.
The impounding official shall have the
right to forthwith destroy any dog, cat or domestic other in his/her
custody or possession which is at large, and bears no evidence of
current immunization for rabies and which has been identified as having
rabies, suspected of having rabies, having bitten or scratched any
person within ten (10) days of its capture by the impounding officer.
C.
Any person bitten or scratched by a wild
animal shall consider that animal as rabid. A physician should be
notified immediately. If caught the animal shall be sent for rabies
testing, except all animals excluded by the Missouri Department of
Health.
D.
If it shall become necessary by the Health
Manager or Police Department in protecting one's safety to shoot an
animal with rabies or suspected of being infected with rabies, all
precautions shall be taken not to destroy the head, which must be
sent to the appropriate State agency for analysis.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
Every physician shall report to the
Health Department pertinent information concerning any resident of
the City who has been bitten by an animal whether suspected of having
rabies or not. Every veterinarian shall report all pertinent information
concerning rabid or suspected rabid animals under his/her care.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
Any dangerous animal which bites
or scratches a human being or any animal whose behavior immediately
prior to or during an incident resulting in a human being bitten or
scratched, which is determined to be dangerous, shall be impounded
for a ten-day rabies quarantine at the City's designated holding facility
or a veterinarian's clinic within the City limits of St. Peters.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
No animal may be declared dangerous if
the threat, injury or damage was sustained by a person who, at the
time, was committing a willful trespass or other act upon the premises
occupied by the owner or keeper 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.
B.
An Animal Control Officer may, because
of extenuating circumstances, determine from the investigation of
an incident, that an animal is not dangerous. However the owner, being
responsible for said animal, may be warned of the animal's tendencies
and to take appropriate action to prevent subsequent incidents. This,
however, does not exempt the owner from being cited for other animal
control ordinance violations.
C.
Dogs owned by government or law enforcement
agencies when being used in the service of those agencies are exempt.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
After the Health Manager shall determine an animal to be dangerous pursuant to Section 205.010, the Health Manager shall determine whether the animal is responsible for a provoked or unprovoked attack of a human being, cat, dog or domestic other. Based on the aforesaid determination, the Health Manager shall dispose of the dangerous animal as follows:
1.
A dangerous animal responsible for
any unprovoked attack resulting in serious or critical injury of a
human being, cat, dog, domestic other or farm animals shall be humanely
destroyed.
2.
A dangerous animal responsible for a provoked attack resulting in serious or critical injury of a cat, dog or domestic other shall be maintained as a dangerous animal as provided in Subsection (A)(3)(b) below unless the Health Manager determines the animal should be humanely destroyed based upon the circumstances of the incident.
3.
Excepting dangerous animals described in Subsections (A)(1) or (2) above, all other dangerous animals shall be disposed of, in the discretion of the Health Manager, subject only to a right to a hearing thereon before the City Administrator in either of the following ways:
a.
The Health Manager may cause the
animal to be destroyed by humane euthanasia provided that:
(1)
At least ten (10) days
prior to the euthanasia, the Health Manager shall provide notice thereof
to the owner, if known, by certified mail or personal delivery.
(3)
Prior to euthanasia,
the Health Manager shall have the power to impound any animal deemed
by him/her to be a dangerous animal.
(4)
The Health Manager is
authorized to recover any costs for performing impoundment and/or
euthanasia or any service covered by this Section, either by fees
set and paid for in advance or itemized billing to the owner of the
animal.
b.
The Health Manager may return a dangerous
animal to the owner provided that the owner agrees to and complies
with the following conditions of maintaining a dangerous animal:
(1)
Any dangerous animal
shall wear at all times a bright orange collar so that the animal
can readily be identified as a dangerous animal and shall be microchipped
by the St. Charles County Pet Adoption Center or a veterinarian at
the owner's option and expense with the chip number provided to the
Health Manager.
(2)
The owner or keeper
shall notify the Health Manager immediately if a dangerous animal
is loose or missing or has attacked a human being, cat, dog or domestic
other.
(3)
The owner or keeper
shall notify the Health Manager within twenty-four (24) hours if a
dangerous animal has died or has been sold or given away. If the animal
has been sold or given away, the owner or keeper shall provide the
Health Manager with the name, address and telephone number of the
new owner. The new owner, if the animal is kept within St. Peters
City limits, must comply with the requirements of this Chapter for
keeping a dangerous animal.
(4)
While on the owner's
property, a dangerous animal must be securely confined indoors or
securely restrained outdoors. No dangerous animal may be allowed to
remain on a porch, patio or in any part of a house or structure that
would allow the animal to exit the structure on its own volition.
No such animal may be allowed to remain in a house or structure when
screen windows or doors are the only obstacle preventing the animal
from exiting the house or structure. While outdoors, a dangerous animal
must be properly fitted with a muzzle approved by the Health Manager
and kept on a leash no longer than four (4) feet in length constructed
of durable nylon and under the control of a competent person or confined
in a securely enclosed and locked pen or structure suitable to prevent
the entry of young children and designed 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 protection from the elements for the
animal and qualify as an adequate shelter. Requirements for the construction
of the enclosure may be waived by the Health Manager upon presentation
of evidence by the owner that the property where the dangerous animal
will be kept that such property has unique characteristics that would
result in practical difficulties in constructing such as enclosure
consistent with the requirements of the St. Peters City Code or other
property limitations.
(5)
An animal must be spayed
or neutered at the owner's expense within thirty (30) days of being
declared dangerous by the Health Manager.
(6)
The owner of a dangerous
animal shall present to the Health Manager proof that he or she has
procured primary comprehensive liability insurance coverage for covering
the dangerous animal, with coverages for bodily injury and property
damage, accompanied by written confirmation from the insurance carrier
in the amount of at least five hundred thousand dollars ($500,000.00),
and maintain such insurance coverage for as long as the dangerous
animal is kept in the City. The owner shall provide the Health Manager
proof of such insurance coverage upon the request of the Health Manager.
(7)
The owner of the dangerous
animal has written permission from the property owner, if the dog
owner is not the property owner, to house or otherwise maintain the
dangerous animal on that property. Written permission will be verified
by the Health Manager prior to the dog's release or relocation.
(8)
It shall be unlawful
for the owner of a dangerous animal within the City to fail to comply
with the requirements and conditions set forth in this Chapter. Any
animal found to be the subject of a violation of this Chapter may,
in addition to other penalties provided for, be subject to immediate
seizure and impoundment for a minimum of ten (10) days or the time
necessary for the owner or keeper to show compliance with this Chapter,
whichever is shorter. Should any owner or keeper of a dangerous animal,
who the Health Manager has reasonable cause to believe has failed
to comply with the requirements and conditions set forth in this Chapter,
fail to voluntarily surrender upon demand such animal to the Health
Manager, then the Health Manager shall seek a warrant for the seizure
of such dangerous animal from a court of competent jurisdiction as
provided for in the Rules of Criminal Procedure for the courts of
Missouri.
4.
An animal may be declared dangerous
for prior acts even if it has thereafter voluntarily left the City.
Once an animal is declared dangerous, it cannot return to the City.
5.
Any animal that has been declared
dangerous by the Health Manager and permitted to remain within the
City of St. Peters must be annually registered as a dangerous animal.
For the first year of registration the owner will pay a fee of three
hundred twenty-five dollars ($325.00) to the City of St. Peters. As
part of the fee the owner will be provided dangerous dog signage,
a nylon lead and an approved muzzle for the dangerous animal. For
each subsequent year the owner will be required to pay an annual registration
fee of one hundred dollars ($100.00).
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
All guard dogs are subject to the
same restraints as dangerous animals with the addition that adequate
shelter must be available. All guard dogs are subject to the license
and anti-rabies vaccination requirements in this Chapter. All such
animals must be registered annually with the Animal Control Department.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
The impounding officer, any designated
City staff, any designated County staff, or any other person with
whom the City has contracted according to the provision of this Chapter,
and the members of the Police Department, while in pursuit of a dog,
cat, domestic other or wild animal on a complaint or running at large,
or enforcing/investigating any Sections of this Chapter shall have
the right of entry to any lots or lands, including those of the owners
of such animals, for the purpose of collecting any animal found in
violation of this Chapter.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
Any person who shall interfere with
or obstruct a City Official in the reasonable performance of his/her
duty in apprehending any animal for impounding or investigation under
this Chapter or any person who refuses to deliver his/her dog, cat
or domestic other upon request by a City Official, whenever such official
has reasonable cause, shall be deemed guilty of an ordinance violation.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7434, 4-22-2021; Ord. No. 7800, 4-27-2023]
A.
Additional services provided are as follows:
1.
Disposing of fatally injured animals,
or those who have died of natural causes.
2.
Loaning no bark collars to residents
possessing a valid resident privilege card.
3.
Impounding, apprehending, catching,
trapping, tranquilizing or treating any animal, subject or not to
this Chapter during or after normal business hours of the Health Department,
at the discretion of the Health Department and subject to policies
of this department, consistent with any State and/or Federal regulations.
4.
5.
Live Animal Traps.
a.
Wildlife. Live traps may be loaned to residents for nuisance wildlife
ONLY. Residents must have a valid resident privilege card and be willing
to accept the terms of the trapping agreement. Trapping privileges
may be revoked due to non-compliance.
b.
Domestic. Live traps may be loaned to residents for trapping domestic
animals. Residents must have a valid resident privilege card and be
willing to accept the terms of the trapping agreement. Trapping privileges
may be revoked due to non-compliance.
6.
All fees and charges contained in
this Chapter are subject to change.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
In addition to the services required by
this Chapter, the Division of Humane Services of St. Charles County
is authorized to perform the following services upon request:
1.
Taking possession of animals unwanted
by their owners and brought by them to the Division;
2.
Putting up for adoption unwanted
animals brought to the Division by residents of St. Charles County;
3.
Euthanizing animals;
4.
Disposing of euthanized animals;
5.
Impounding, apprehending, catching,
trapping, netting, tranquilizing or treating any animal not subject
to this Animal Control Ordinance, during or after normal business
hours of the Division of Humane Services.
B.
Feral Cat Program of St. Charles County
shall apply to the unincorporated areas of the County, and reads as
follows:
Feral cat programs shall consist
of any program that provides spay/neuter services and education for
and related to only feral and community cats. Such programs shall:
1.
Provide low-cost or free sterilization
for feral and community cats weighing more than two (2) pounds who
are at least eight (8) weeks of age;
2.
Not provide sterilization services
for pet cats or pet kittens;
3.
Ear tip all feral and community cats
for which it provides services;
4.
Vaccinate all feral and community
cats for FVRCP and rabies; and
5.
Provide educational materials and
trainings on the subject of feral and community cats.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A.
It shall be a violation of this Section
for an animal to bite a human being or any other animal. Animals owned
by any governmental agencies, when being used in the service of those
agencies, are exempt from the provisions of this Section.
B.
The following actions shall be taken by
the Health Manager with respect to animals that have bitten a human
being or other animal:
1.
Upon determination by the Health
Manager that a bite has occurred, an educational package containing
examples of treatment procedures for bite cases, and animal care and
handling instructions for animals that have bitten will be provided
to and reviewed with the animal's owner by the City.
2.
Upon determination by the Health
Manager that a second bite has occurred:
a.
The City shall cause the animal to
be microchipped for tracking purposes at the owner's expense;
b.
The animal may be declared a dangerous
animal by the City Health Manager; and
c.
The animal shall be impounded at
a designated kennel for a period of not less than ten (10) days, and
may be spayed/neutered if the animal is to thereafter remain in St.
Peters.
3.
Upon determination by the Health Manager that a third bite has occurred, the animal shall be deemed to be a dangerous animal and shall be destroyed pursuant to Section 205.250(A)(3)(a)(1 - 4) subject only to a properly requested hearing as provided in Section 205.320.
C.
Documented bites from other jurisdictions
shall be included in the bite history record of an animal for the
purposes of this Section.
D.
An animal that has been impounded for quarantine
must be claimed by the owner no later than fifteen (15) days from
the expiration of the quarantine.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
At least ten (10) days prior to the
humane euthanasia of a dangerous animal, the City's Health Department
shall notify the owner, if known, of the scheduled euthanasia and
of the owner's right to request a hearing before the City Administrator
of any determination made by the Health Manager, by submitting a written
request therefor hearing to the City Administrator's office within
five (5) days of receiving the aforesaid notice.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
In order to provide the owner of a dangerous animal an opportunity to be heard at a meaningful time and in a meaningful manner prior to said animal's destruction, the City's Health Department shall notify said owner of his/her right to a hearing conducted by the City Administrator. A written request from the owner or his/her representative for a hearing must be received by the City's Administrator office no later than five (5) days after the owner has received notice of the City's intent to destroy a dangerous animal. At such a hearing, all interested parties may be heard, including the owner, individuals possessing knowledge of the characteristics of the animal in question and any other individuals who may come into contact with the animal if it is not destroyed. After all parties have been heard, the City Administrator shall make the final determination as to whether the animal is a "dangerous animal" as that term is defined at Section 205.010 and, if so, the appropriate disposition of said dangerous animal in accordance with the Code of the City of St. Peters. The City Administrator's determination and decision is final for all purposes and there shall be no further administrative relief available.
[Ord. No. 6849, 10-26-2017; Ord.
No. 7800, 4-27-2023]
A petting zoo or similar establishment
designed for interaction between animals and humans shall be permitted;
provided, however, that the shelters and pens designed to house the
animals are maintained in a sanitary and safe condition. Such facilities
shall be permitted to operate and be open to the public as long as
an attendant is on site and present in the areas where the animals
and humans are interacting and, provided, further, that a hand-washing
station with sanitizing soap and/or gel has been installed and is
available for use at the exit of any such establishment.
