[R.O. 2008 § 210.010; R.O. 2007
§ 210.010; Ord. No. 3130 § 2, 7-19-1994]
This Chapter shall be known and may
be cited as the "Animal Control Ordinance."
[R.O. 2008 § 210.020; R.O. 2007
§ 210.020; Ord. No. 3130 § 3, 7-19-1994; Ord. No. 5347 § 1, 7-10-2008; Ord. No. 5643 § 1, 12-9-2010; Ord. No. 6756, 1-29-2021]
As used in this Chapter, the following
words shall have the meanings ascribed herein, unless the context
otherwise indicates:
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter, and medical care as necessary
to maintain good health in a specific species of animal.
Structurally sound, properly ventilated and weather-proofed
housing which is large enough to let the animal housed in it stand
up, turn around and lie down; equipped with bedding that will not
absorb water and/or freeze; and will not exacerbate existing weather
conditions by, for example, absorbing heat on hot sunny days or excessive
size which would not retain body heat in winter. Suitable drainage
must be provided so that water is not standing in or around shelter.
Infected with the rabies virus as determined by standard
laboratory testing.
Every living vertebrate except a human being.
Off the premises of the owner and not on a leash of less
than eight (8) feet in length controlled by some person physically
able to prevent the animal from running free.
Breaking of the skin caused by an animal. Scratches are included.
Any male or female member of the domestic feline family.
Any male or female member of the domestic canine family.
Animals that are normally considered to be household pets.
When bitten by, or fought with, or has come in close contact
with a dog or other animal shown to be infected with the rabies virus
as determined by standard laboratory testing.
An animal normally raised on a farm or ranch and used or
intended for use in farm or ranch production or as food or fiber.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Any animal that habitually barks, howls, whines, or makes
other sounds that disturb a person's peace, or causes a foul or obnoxious
odor to be emitted from the premises.
Premises on both sides, directly to the rear, on both sides
of the premises directly to the rear and directly across the street
of the animal owner.
Any live non-human primate, raccoon, fox, skunk, poisonous
reptile, bear, wolf, wolf-hybrid, cougar, leopard, jaguar, tiger,
lion, lynx, bobcat, ocelot, or any other animal which can normally
be found in the wild state.
[R.O. 2008 § 210.030; R.O. 2007
§ 210.030; Ord. No. 3130 § 4, 7-19-1994; Ord. No. 5643 § 1, 12-9-2010; Ord. No. 6756, 1-29-2021]
A.
Any owner having custody of any animal
shall maintain control of that animal and:
1.
Shall not permit the animal to be
at large within the City limits.
2.
Shall not permit the animal to be
a public nuisance or disturb the peace of any person.
3.
Shall not keep or allow to be kept on or about their property or premises, any fierce/dangerous animal, except animals classified as dangerous and kept in strict conformity with all requirements of Section 210.035(H), below.
4.
Shall not keep, or cause to be kept,
maintained, or controlled, more than three (3) animals, over the age
of three (3) months, per household or business establishment, except:
5.
Shall ensure the animal is properly
vaccinated against rabies and other diseases as may be necessary;
and displays a current St. Charles County Department of Health tag.
6.
Shall keep every female dog or cat
in heat confined in a building or secure enclosed in such manner that
such female dog or cat cannot come into contact with another animal
except for a planned breeding.
7.
May use the electronic containment
system commonly known as "Invisible Fence®" as a restraint system for animals. The "Invisible Fence®" may be used as a secondary restrain in addition
to a visible primary enclosure. This system is permitted if all maintenance
requirements to keep the "Invisible Fence®" in good working condition are met.
8.
Shall remove and dispose of all fecal
accumulations in any pen, run, cage or yard where any animal is kept
in such a manner as to prevent the breeding of flies or other insects,
or the creation of offensive, disagreeable or noxious odors or other
nuisance conditions.
9.
Shall remove fecal matter deposited
by the animal on their property, someone else's property, or in a
public place, including but not limited to streets, sidewalks, parking
lots, and public parks.
10.
Shall not transport an animal in
an open vehicle from which it can escape. When transporting an animal
in an open-bed pickup or in any open-bed vehicle, the animal shall
be confined in a secured animal carrier that provides the animal adequate
room to stand, turn around, and stretch out without hindrance and
provides adequate ventilation and protection from environmental conditions.
Shall not allow an animal to remain in a vehicle when the temperature
within such vehicle is reasonably likely to cause sickness or injury
to the animal.
[R.O. 2008 § 210.035; Ord. No. 6756, 1-29-2021]
A.
The Chief of Police or his/her designated
representative shall classify any animal with the following characteristics
as a dangerous animal for purposes of this Chapter:
1.
Any animal that has inflicted a severe
or fatal injury on a human on public or private property. The term
"severe injury" means any physical injury resulting directly from
an animal's bite or attack, which results in broken bones or lacerations
requiring stitches or hospitalization. The victim receiving severe
injuries as defined above, must provide photographic proof or medical
records that the injury was severe enough to require stitches.
2.
Any animal which has attacked or
bitten a domestic animal, without provocation, on public or private
property other than the property of the owner that resulted in injury
to the other animal to a degree in which it required the attention
of a veterinarian or animal clinic.
3.
Any animal that, while off the owner's
property, has killed a domestic animal, livestock, or poultry without
provocation.
4.
Any animal owned or harbored primarily
or in part for the purpose of fighting or any animal trained for fighting.
5.
Any animal that has been deemed fierce/dangerous
by the City or any other government entity.
B.
Within five (5) working days after classifying
an animal as a dangerous animal, the Chief of Police or his/her designated
representative shall notify the animal's owner of such classification,
in writing. The notice shall identify the requirements and conditions
for maintaining a dangerous animal as set forth in this Section. If
the owner cannot be located, the animal may be immediately impounded,
and notice shall be posted at the owner's last known address. From
that point forward, the animal will be considered a dangerous animal
and be kept away from people in the ways stated in this Section. If
the owner cannot comply with requirements and standards of this Section,
then the owner can relinquish the animal to the kennel at the owner's
expense.
C.
If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A) of this Section are in dispute, or if the animal owner contests the classification, then the owner has the option of submitting, within five (5) working days of the date of the notice referenced in Subsection (B), a written request to the Chief of Police for a hearing to contest the dangerous animal classification.
1.
The Chief of Police shall immediately
notify the Administrator of the Municipal Court who shall, within
fourteen (14) days after his/her receipt of the written request, coordinate
with the Municipal Judge to conduct the hearing and render a decision.
2.
Pending the outcome of such a hearing,
the animal will be considered a dangerous animal and be kept away
from people in the manner required for keeping dangerous animals in
this Section. The confinement may be on the owner's premises or with
a licensed veterinarian. If the owner cannot comply with these requirements,
then they can relinquish the animal to the kennel at the owner's expense.
If an owner of an animal required to be temporarily confined pending
appeal of the Chief's classification of the animal as aforesaid fails
to comply with terms of confinement specified in this Section pending
a hearing, the animal may be seized and kept at the kennel at the
owner's expense.
3.
The Municipal Judge shall determine
whether to declare the animal to be a dangerous animal based upon
a preponderance of the evidence and testimony presented at the time
of the hearing. The hearing shall be informal and strict rules of
evidence shall not apply. The owner may be represented by counsel,
present oral and written evidence, and cross examine witnesses.
4.
The Municipal Judge shall issue a
decision after the close of the hearing and notify the owner, in writing,
of the decision. The owner or possessor of the animal found to be
a dangerous animal shall be required to maintain the animal as herein
provided in this Section.
5.
Any owner or keeper of an animal
determined to be a dangerous animal by the Municipal Judge pursuant
to this Section may seek judicial review of such determination pursuant
to the provisions of Chapter 536, RSMo., by filing a petition for
judicial review with the Circuit Court for St. Charles County within
five (5) working days of the date of the Judge's written decision.
D.
The Chief of Police may, because of extenuating
circumstances, determine from the investigation of an incident, that
an animal is not at that time and based on the evidence then available
deemed to be dangerous. Extenuating circumstance, may include, but
are not limited to, if the threat, injury, or damage was sustained
by a person who, at the time, was committing a willful trespass or
other tort upon the premises occupied by the owner or keeper of the
animal, or was teasing, tormenting, abusing, or assaulting the animal,
or 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. However, the owner, being responsible for said animal,
shall be warned of the animal's tendencies and shall take appropriate
action to prevent subsequent incidents. A determination that the animal
is not deemed to be a dangerous animal in a given instance does not
exempt the owner from being cited for other animal control ordinance
violations or bar a subsequent declaration in the event of other events
or based upon additional evidence.
E.
Animals owned by governmental or law enforcement
agencies when being used in the services of those agencies are exempt.
F.
Determinations that an animal is not dangerous
are not binding, and upon further information or future incidents
the Chief of Police may revise a previous decision and declare an
animal dangerous.
G.
Actions to be taken for dangerous animals
causing severe or fatal injuries:
H.
Owners or keepers of an animal that has
been declared a dangerous animal may maintain the dangerous animal
within the City only subject to the following limitations, requirements
and conditions:
1.
Registration. Every owner or keeper
of a dangerous animal in the City shall immediately register said
animal with the Chief of Police of the City on the dangerous animal
registry. Failure to so register shall constitute a violation of this
Section.
2.
Rabies Quarantine Impoundment. Any
dangerous animal which bites or scratches a human, or any animal which
is determined to be dangerous because of such biting or scratching
of a human, shall be impounded for a ten-day rabies quarantine in
accordance with the other provisions of this Chapter.
3.
Any dangerous animal shall wear at
all times, a bright orange collar with a large brightly colored metal
tag attached to the collar so the animal can readily be identified
as a dangerous animal.
4.
Loose, Unconfined Or Missing Dangerous
Animal. The owner or keeper shall notify the Police Department immediately
if a dangerous animal is loose, unconfined or missing, has attacked
another animal or has attacked a human being.
5.
Reporting Requirements. The owner
or keeper shall notify the Police Department within twenty-four (24)
hours of the following events:
a.
Death Or Transfer Of Ownership. If
a dangerous animal has been sold, given away, or otherwise transferred
in ownership or possession, the owner or keeper shall provide the
Police Department with the name, address and telephone number of the
new owner or keeper, and, if the animal is kept within the City limits
of O'Fallon, the new owner or keeper must comply with the requirements
of this Chapter. If a dangerous animal has died, the owner shall notify
the Police Department of that fact so the animal can be removed from
the dangerous animal registry.
b.
New Address. Should the owner or
keeper move from one (1) address within the corporate City limits
to another address within the corporate City limits the owner or keeper
shall provide notice of the new address where the dangerous animal
is being kept.
6.
Confinement.
a.
All dangerous animals must be securely
confined indoors or in a securely enclosed and locked pen, kennel
or other structure, except when leashed and muzzled as provided herein.
The pen, kennel or other structure must be suitable to prevent the
entry of young children and designed to prevent the animal from escaping.
Such pen, kennel or other structure must have minimum dimensions of
five (5) feet by ten (10) feet and must have secure sides and secure
top attached to all sides. The pen, kennel, or other structure must
be locked with a key or combination lock when dangerous animals are
confined within. The pen, kennel, or other structure must have a secured
bottom or floor attached to all sides; however, if it has no bottom
secured to the sides, the sides must be embedded in the ground no
less than twelve (12) inches. The enclosure must also provide protection
from the elements for the animal.
b.
The enclosure, when occupied by a
dangerous animal, shall not be occupied by any other animal. If the
dangerous animal is a female with offspring under three (3) months
of age, the offspring may occupy the same enclosure as the mother.
c.
All structures erected to house dangerous
animals must comply with all zoning and building regulations of the
City. All such structures must be adequately lifted and ventilated
and kept in a clean and sanitary condition.
d.
No dangerous animal may be kept on
a porch, patio, or in any part of a house or structure that would
allow the animal to exit such building on its own volition. In addition,
no such animal may be kept in a house or structure when the windows
are open or when screen windows or screen doors are the only obstacle
preventing the animal from exiting the structure.
7.
Signs. The owner or keeper shall
display a sign on the premises that there is a dangerous animal on
the property, and which bears a symbol warning children of the presence
of a dangerous animal. This sign shall be visible and capable of being
read from the roadway from which the property is entered. In addition,
a similar sign is required to be posted on the kennel or pen or fenced
yard of such animal.
8.
Leash And Muzzle. A dangerous animal
may be off the owner's premises if it is muzzled and restrained by
a substantial chain or leash not exceeding six (6) feet in length
and under the control of a responsible person. The muzzle must not
cause injury to the animal or interfere with its vision or respiration
but must prevent it from biting any person or animal.
9.
Insurance. The owner or keeper of
a dangerous animal shall present to the Police Department proof that
the owner or keeper has procured and is keeping in force at all times
liability insurance in a single incident amount of at least two hundred
thousand dollars ($200,000.00), for bodily injury to or death of any
person or persons or for damage to property owned by any persons which
may result from the ownership, keeping or maintenance of such animal.
An effective insurance policy with the coverage and in the amounts
specified herein must be maintained by the owner or keeper at all
times. This policy shall contain a provision requiring the City of
O'Fallon receive ten (10) days' written notice by the insurance company
prior to any cancellation, termination, or expiration of the policy.
10.
Photographs. All owners or keepers
of dangerous animals must, within ten (10) days of such classification,
provide the Police Department with two (2) color photographs [one
(1) showing the left profile and the other showing the right profile]
of the animal, clearly showing the color, distinguishing markings,
and approximate size of the animal.
I.
It shall be unlawful for the owner or keeper
of a dangerous animal within the City of O'Fallon to fail to comply
with requirements and conditions set forth in this Section. Any animal
found to be in violation of this Section may be, in addition to other
penalties provided by the Municipal Code, subject to immediate seizure
and impoundment for a minimum of fourteen (14) days or the time necessary
for the owner or keeper to show compliance with this Section, whichever
is shorter.
J.
Any person found guilty of violation of
any provision of this Section shall be, for each offense, fined not
more than five hundred dollars ($500.00) or be punished by imprisonment
in jail not to exceed three (3) months, or be punished by both fine
and imprisonment.
K.
In addition to any penalty as provided
above, the court may order the registration of the subject dangerous
animal revoked and the animal removed from the City. Should the owner
or keeper responsible for such animal fail or refuse to remove the
animal from the City, the Municipal Judge may find the responsible
owner or keeper in contempt and order the immediate confiscation and
impoundment of the animal. Each day that a violation of this Section
continues shall be deemed a separate offense. In addition to the foregoing
penalties, any person who violates this Section shall pay all expenses,
including shelter, food, handling, veterinary care and testimony necessitated
by the enforcement of this Section.
[R.O. 2008 § 210.040; Ord. No. 5643 § 1, 12-9-2010]
A.
A person is guilty of animal neglect when
he/she has custody, ownership or both of an animal and fails to provide
adequate care, adequate shelter or adequate control which creates
an unreasonable risk of injury to the animal or results in harm to
the animal or harm to a person or other domestic animal.
1.
When outdoor temperatures reach freezing
levels, all cats, dogs and small domestic animals must be moved indoors
or to an area that provides heat and shelter from the weather.
2.
All areas where animals are kept
shall be cleaned regularly so that fecal matter is disposed of so
not to attract insects or rodents, become unsightly or cause objectionable
odor.
3.
An Animal Control Officer may remove
an animal that is living in conditions that do not meet standards
outlined. If modifications to the shelter or living area do not meet
the standards within five (5) business days, that animal may be seized
and disposed of as ordinances permit.
4.
An owner must provide animals with
access to clean, unfrozen water in a tip-proof bowl and an appropriate
shelter at all times and nutritious food at least once a day.
5.
Animals may not be muzzled while
on a tether or chain. "Tether" does not include the use of a leash
to walk an animal.
6.
Animals confined to outside pens
must have not less than one hundred fifty (150) square feet of open
space for each animal housed.
7.
Protection From Temperature Extremes.
An owner may not leave an animal outside and unattended in the case
of severe weather conditions, during weather or when a heat advisory
or cold advisory has been issued by a local or State authority or
jurisdiction, or where temperatures and/or heat and cold indices fall
below thirty-two degrees Fahrenheit (32° F.) or above eighty-five
degrees Fahrenheit (85° F).
8.
An owner may not leave an animal
inside where temperatures and/or heat and cold indices fall below
thirty-two degrees Fahrenheit (32° F.) or above eighty-five degrees
Fahrenheit (85° F.), including, but not limited to, confinement
in garages and basements.
9.
No person shall have an animal in
possession that is known to, or suspected to, have an untended injury,
accidental or deliberate, or to exhibit any signs of disease, shock,
temperature fluctuations, tremors, swelling, open wounds, inability
to eat, blistering or abnormal bleeding, partial paralysis, discharging
blood or mucus.
B.
A person is guilty of animal abandonment
when he/she has knowingly abandoned an animal in any place without
making provisions for adequate care.
C.
Animal neglect or animal abandonment are
ordinance violations. For a first offense of either violation, a term
of imprisonment not to exceed fifteen (15) days, or a minimum fine
of seventy-five dollars ($75.00) up to a fine not to exceed an amount
set by State Statute, or both such fine and imprisonment may be imposed.
For a second or subsequent violation of either offense, a term of
imprisonment not to exceed three (3) months, or a minimum fine of
two hundred dollars ($200.00) up to a fine not to exceed an amount
set by State Statute, or both such fine and imprisonment may be imposed.
Each animal and each day of violation shall constitute a separate
offense. All fines and penalties for a first conviction of animal
neglect or animal abandonment may be waived by the court, provided
that the person found guilty of animal neglect or abandonment shows
that adequate, permanent remedies for the neglect or abandonment have
been made. Reasonable costs incurred for the care and maintenance
of neglected or abandoned animals may not be waived.
D.
In addition to any other penalty imposed
by this Section, the court may order a person found guilty of animal
neglect or animal abandonment to pay all reasonable costs and expenses
necessary for:
1.
The care and maintenance of neglected
or abandoned animals within the person's custody or ownership;
2.
The disposal of any dead or diseased
animals within the person's custody or ownership;
3.
The reduction of resulting organic
debris affecting the immediate area of the neglect or abandonment;
and
4.
The avoidance or minimization of
any public health risks created by the neglect or abandonment of the
animals.
[R.O. 2008 § 210.005]
A.
A person is guilty of animal abuse when
a person:
1.
Intentionally or purposely kills
an animal in any manner not allowed by or expressly exempted from
the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes
injury or suffering to an animal; or
3.
Having ownership or custody of an
animal, knowingly fails to provide adequate care which results in
substantial harm to the animal.
[1]
Note: Under certain circumstances, this offense
can be a felony under State law.
[R.O. 2008 § 210.055; Ord. No. 5469 § 1, 6-11-2009; Ord. No. 5643 § 1, 12-9-2010]
A.
It shall be unlawful for any owner or other
person controlling, possessing or having custody any dog or cat to:
1.
Leave a dog or cat tethered outdoors
for eight (8) continuous hours or for a total of twelve (12) hours
in a twenty-four-hour period.
2.
Tether a dog or cat except by means
of:
a.
A properly fitting harness or collar
of nylon or leather construction which does not chafe or injure the
animal; and
b.
A tether in proportion to the size
of the animal such that its weight and construction do not burden
or encumber the animal. The tether must be at least fifteen (15) feet
in length with a swivel at both ends.
3.
Tether a dog or cat in such a manner
that the animal cannot access adequate shelter while tethered.
4.
Tether a dog or cat outdoors under
conditions where the animal or tether can become entangled on the
tether, another animal or some other object or where the tether can
restrict the animal's access to suitable, edible and sufficient food,
clean water (cool in summer and unfrozen in winter) and appropriate
shelter.
5.
Tether a dog or cat outdoors in unsafe
or unsanitary conditions or when the tether does not allow the animal
to defecate or urinate in an area separate from the areas where it
must eat, drink or lie down.
6.
Expose a dog or cat to any weather
conditions that cause immediate imminent threat to the animal's physical
well-being.
7.
No person shall tether an animal
on a choke, prong or pinch collar or tow chain or in such a manner
as to cause injury, strangulation or entanglement of the animal on
fences, trees or other manmade or natural obstacles.
8.
No person shall tether an animal
in an area where bare earth is present and no steps have been taken
to prevent the surface from becoming wet and muddy in the event of
precipitation.
9.
No person shall leave an animal tethered
outside between the hours of 10:00 P.M. and 6:00 A.M., except temporarily
tethering outdoors for a time period not exceeding fifteen (15) minutes.
[R.O. 2008 § 210.060]
A.
A person commits the offense of knowingly
releasing an animal if that person, acting without the consent of
the owner or custodian of an animal, intentionally releases any animal
that is lawfully confined for the purpose of companionship or protection
of persons or property or for recreation, exhibition or educational
purposes.
B.
As used in this Section, "animal" means
every living creature, domesticated or wild, but not including Homo
sapiens.
C.
The provisions of this Section shall not
apply to a public servant acting in the course of such servant's official
duties.
[R.O. 2008 § 210.070; R.O. 2007
§ 210.050; Ord. No. 3130 § 6, 7-19-1994; Ord. No. 5347 § 2, 7-10-2008; Ord. No. 5643 § 1, 12-9-2010; Ord. No. 6756, 1-29-2021]
A.
The Chief of Police shall appoint and subsequently
supervise a suitable person(s) as an Animal Control Officer, and shall
properly equip such person(s) to carry out all assigned duties. Duties
of the Animal Control Officer shall include:
1.
The enforcement of the provisions
of this Chapter and any other State of Missouri Statute or City of
O'Fallon ordinance, law or regulation pertaining to the control of
animals as they apply within the limits of the City of O'Fallon.
2.
The impoundment, transportation and
confinement of any animal, whether on view or as the result of a complaint,
in violation of the provisions of this or any other applicable law
or ordinance.
3.
The impoundment and quarantine of
any animal believed to have bitten or scratched someone, or exhibiting
the symptoms of rabies, for a period of ten (10) days from the date
of the bite or scratch. This impoundment shall be at the animal owner's
expense in the City animal shelter. However, the offending animal
may be impounded/quarantined at the animal owner's residence if all
of the following conditions are met:
a.
The offending animal has a valid
rabies vaccination.
b.
The animal has not been deemed to
be a dangerous animal by any public agency or jurisdiction.
c.
The animal owner and victim (victim's
family if the victim is a minor) both agree to the quarantine at the
owner's home or business.
d.
The animal owner agrees to the following
guidelines:
(1)
Animal is not allowed
outdoors off-leash.
(2)
Animal is allowed no
contact with visitors or other animals.
(3)
Animal must reside indoors
for the duration of the quarantine observation.
(4)
The Animal Control Officer
or other designated Police Official shall have twenty-four-hour access
to the animal to check on its condition.
(5)
If the owner fails to
follow these guidelines the Animal Control Officer shall impound the
animal at the designated facility for the rest of the observation
period.
(6)
If an animal dies while
under quarantine during the ten (10) days of impoundment, regardless
of location or cause of death, the Animal Control Officer shall be
notified and cause the head to be removed by the veterinarian and
submitted for rabies testing. The owner will be responsible for all
costs involved.
4.
The destruction of any animal in
violation of this or any other applicable law or ordinance, when such
animal cannot be safely impounded, exhibits the symptoms of rabies,
or is injured to such an extent that in the opinion of the Animal
Control Officer or Watch Commander such destruction would be merciful.
5.
The issuance of a "Notice to Abate
Nuisance Within Ten (10) Days" to the owner or tenant of any household
or business establishment where reasonable suspicion exists that:
6.
The impoundment of any and all animals
in violation of the ten-day notice upon expiration of the notice period;
and transportation of the animal to the City animal shelter.
7.
The removal at the owner's request
of any unwanted animal from any O'Fallon resident and transportation
of the animal to the City animal shelter for disposal.
[R.O. 2008 § 210.080; R.O. 2007
§ 210.060; Ord. No. 3130 § 7, 7-19-1994]
A.
The City of O'Fallon may contract with
a suitable person to maintain an animal shelter to board all animals
impounded by the Animal Control Officer or any other agent of the
City. The owner of the animal shelter:
1.
Shall maintain the shelter in a sanitary
condition; feed and water all impounded animals daily; protect impounded
animals from any cruel treatment; maintain a telephone during normal
business hours and for non-working hour emergencies; and humanely
dispose of all unwanted or unclaimed animals when necessary.
2.
Shall transmit, when deemed necessary
by the animal shelter owner and the Animal Control Officer, the head
of any animal which is killed or dies in impoundment to the State
Division of Health or other such institution or person for the purpose
of determining the presence of rabies.
3.
Shall not release any impounded animal
until properly immunized when such immunization is required by law
or deemed necessary by the animal shelter owner. The animal shelter
owner may collect, from the animal's owner, a reasonable fee for any
immunization provided.
4.
Shall not release any sick or injured
animal until appropriate treatment has been rendered when deemed necessary
by the animal shelter owner, unless the animal's owner signs a hold
harmless agreement releasing the animal shelter, the City of O'Fallon,
and all employees of either entity from all liability. Such treatment,
if provided, will be at the animal owner's expense.
5.
Shall not release any animal impounded
until proof of payment of all required City fees is exhibited.
[R.O. 2008 § 210.090; R.O. 2007
§ 210.070; Ord. No. 3130 § 8, 7-19-1994]
A.
The Animal Control Officer:
1.
Shall while in pursuit of any animal
running at large, have the right to enter any lot or land area within
the City limits for the purpose of impounding that animal.
2.
Shall have the power to impound any
animal, whether licensed or not, believed to be affected with rabies.
Thereafter, any impounded animal, upon examination by any certified
Doctor of Veterinary Medicine, found to be affected with rabies, or
known to have been bitten by a rabid animal or other creature, shall
be disposed of in a humane manner upon direction of the Chief of Police.
3.
Shall cause to be arrested, by a
Police Officer, any person who interferes with, obstructs, or refuses
to deliver an animal upon reasonable request by the Animal Control
Officer or other City of O'Fallon Official, while the Animal Control
Officer is in the performance of impounding any animal or while investigating
any incident or complaint of violation of this Chapter.
[1]
Editor's Note: Former Section 210.100, Authority
Of The O'Fallon Municipal Court Judge, was repealed 1-25-2021 by Ord.
No. 6756.
[R.O. 2008 § 210.110; R.O. 2007
§ 210.090; Ord. No. 3130 § 10, 7-19-1994]
Every animal impounded under the
provisions of this Chapter may be redeemed by the owner of the animal
upon payment to the City Collector a fee of twenty dollars ($20.00)
for the first impoundment, forty dollars ($40.00) for the second impoundment,
and sixty dollars ($60.00) for the third and subsequent impoundments.
Additionally, all daily expenses incurred by the City animal shelter
for taking care of the animal and for complying with the provisions
of this Chapter must be paid to the animal shelter. The animal shelter
owner shall set the daily boarding fee in accordance with regular
daily rates charged. Any animal impounded for three (3) full days
and not redeemed by the owner may, within four (4) days thereafter,
be redeemed by any other person providing that person executes a receipt
to the City stating that such person has received the animal subject
to the rights of the real owner, paying all associated fees, and agreeing
to indemnify the City for its costs incidental to the animal. Any
animal not redeemed after a period of one (1) week may be humanely
disposed of by the animal shelter owner.
[R.O. 2008 § 210.120; R.O. 2007
§ 210.100; Ord. No. 3130 § 11, 7-19-1994; Ord. No. 5643 § 1, 12-9-2010; Ord. No. 6756, 1-29-2021]
A.
Any person in violation of any provision
of this Chapter is guilty of an ordinance violation and upon conviction
thereof shall, unless otherwise authorized:
1.
Be fined a minimum of fifty dollars
($50.00) for a first offense, one hundred dollars ($100.00) for a
second offense, and one hundred fifty dollars ($150.00) for a third
and subsequent offense. Each animal and each day of violation shall
constitute a separate offense.
2.
Be fined up to five hundred dollars
($500.00) if the conviction involves failure to comply with a "Notice
to Abate Nuisance within Ten (10) Days" for each day of violation
as well as all expenses of abatement.
B.
In addition to any other penalty which
may be imposed, the Court may require a dangerous animal, whether
or not that animal has been declared dangerous by the administrative
procedure provided in this Section, above, to be removed from the
City of O'Fallon or humanely disposed of as the Court may determine
to be necessary for the peace and safety of the public.
[R.O. 2008 § 210.130; R.O. 2007
§ 210.110; Ord. No. 3130 § 12, 7-19-1994]
For the purposes of this Chapter
a City of O'Fallon Police Officer or Code Enforcement Officer may
when required perform the duties and assume the powers of the Animal
Control Officer in the enforcement of the provisions of this Chapter.
[R.O. 2008 § 210.140; R.O. 2007
§ 210.120; Ord. No. 1929 §§ 2
– 3, 6-6-1991]
All persons are hereby prohibited
from bringing animals of any type, with the exception of Police dogs
and seeing eye dogs, into any City park during any City sponsored
festival or celebration, such as the Fourth of July or Celebration
of Lights unless written permission is received from the Director
of Parks or Board. This includes any pets on leashes.
[R.O. 2008 § 210.150]
A person commits the ordinance violation
of killing or disabling a police animal when such person knowingly
causes the death of a police animal, or knowingly disables a police
animal to the extent it is unable to be utilized as a police animal,
when that animal is involved in a law enforcement investigation, apprehension,
tracking, or search and rescue, or the animal is in the custody of
or under the control of a Law Enforcement Officer, Department of Corrections
Officer, Municipal Police Department, Fire Department and a rescue
unit or agency.
[R.O. 2008 § 210.160]
A person commits the ordinance violation
of assault on a police animal if he or she knowingly attempts to kill
or disable or knowingly causes or attempts to cause serious physical
injury to a police animal when that animal is involved in law enforcement
investigation, apprehension, tracking, or search, or the animal is
in the custody of or under the control of a Law Enforcement Officer,
Department of Corrections Officer, Municipal Police Department, Fire
Department or a rescue unit or agency.
[R.O. 2008 § 210.170; R.O. 2007
§ 210.140; Ord. No. 4505 § 1, 4-21-2003; Ord. No. 5741 § 1, 10-27-2011]
It shall be unlawful for any person
to sell, own, possess or harbor any bear, lion, tiger, leopard, ocelot,
jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi,
hyena, wolf, wolf hybrids or coyote, or any deadly, dangerous or poisonous
reptile in any place other than a properly maintained zoological park,
circus, scientific or educational institution, research laboratory,
veterinary hospital or animal refuge. The keeping of farm animals,
cattle, swine, sheep, horses, goats, and poultry is permissible only
in agricultural zoning districts where and as may be permitted pursuant
to applicable zoning regulations.
[R.O. 2008 § 210.180; R.O. 2007
§ 210.150; Ord. No. 4506 §§ 1
– 2, 4-21-2003]
A.
Any dog, cat or ferret which is apprehended
running at large or who has bitten a human being or animal shall be
permanently identified by the implantation of an encoded, inert chip
or like device which contains a unique identifier capable of providing
a permanent record of the identity of the animal. Such device shall
be implanted prior to the release of the animal from impoundment.
B.
The cost of such permanent identification
shall be charged to the owner as a fee.
