For the purpose of this chapter the following words or phrases shall have the meaning given herein:

A.

"Animal agency" means any corporation, association, individual, partnership, or entity of any kind under contract with the City of St. Louis to perform services under this chapter.

B.

"Appropriate shelter" means a cover or protection from the elements containing adequate and appropriate bedding such as straw, hay, or wood shavings, which is small enough to allow the dog or cat to retain its body heat but is large enough to allow the animal to stand, turn around, and lie down.

C.

"Cat" means all members of the Felis domesticus, either male or female, four months of age or older.

D.

"City" means the City of St. Louis, Missouri.

E.

"Collar" means a leather or nylon strap to be appropriately fitted around the animal's neck which is not so tight as to restrict breathing, but not so loose as to allow the animal to escape. This collar should never be of the choke, pinch, prong, or spiked variety, and should never be attached to a tethering device by a padlock.

F.

"Commercial breeder" means a person, other than a hobby or show breeder, engaged in the business of breeding animals for sale or for exchange in return for a consideration, and who harbors more than one (1) intact female for the primary purpose of breeding animals for sale.

G.

"Commissioner of Health" means the Health Commissioner of the City of St. Louis, Missouri, in the Department of Health and Hospitals, or the Commissioner's designee.

H.

"Dangerous dog" means any dog that, according to the records of the Commissioner of Health: (1) has inflicted severe injury on a human being without provocation on public or private property; (2) has killed a domestic animal without provocation while off the owner/guardian's property; (3) has been previously found to be potentially dangerous, the owner/guardian having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

I.

"Dog" means Canis familiaris, either male or female, four (4) months of age or older.

J.

"Federal Laboratory Animal Welfare Act" means Public Law 89-544, as amended (7 U.S.C. 2131), and all regulations issued pursuant thereto.

K.

"Harness" means a combination of leather or nylon straps and buckles which, when fitted around the neck and torso of the dog or cat, helps to distribute the pulling force more evenly across the shoulders.

L.

"Health officer or agent" means any individual employed by, contracted with, or appointed by the City or the Commissioner of Health for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the regulation or licensure of animals, control of animals, or seizure and impoundment of animals, and including any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

M.

"Hobby or show breeder" means a noncommercial breeder who breeds dogs or cats with the primary purpose of exhibiting or showing dogs or cats, improving the breed or selling the dogs or cats, and having no more than ten (10) intact females. These breeders shall be classified as hobby or show breeders if they sell only to other breeders or to individuals.

N.

"Kitten" means all members of the Felis domesticus under four (4) months of age.

O.

"Maliciously" means imposing intentionally with malice or bad motive.

P.

"Owner/guardian" shall mean any person, firm, corporation, organization, humane society, public or private nonprofit corporation, harborer or caregiver who owns, keeps, harbors, possesses or has control or custody of any animal. If the person purporting to own an animal is a minor as defined by the Revised Statutes of the State of Missouri, the minor's parent(s) or legal guardian shall be deemed the owner of any animal for the purposes of this chapter. This term does not include a person caring for a feral cat as a feral cat caregiver, which is a defined term.

Q.

"Potentially dangerous dog" means any dog that when unprovoked: (1) inflicts bites on a human or domestic animal either on public or private property; (2) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals; (3) has been found running or being at large and collected by the City twice in any eighteen (18) month period; or (4) has been found running or being at large with a group of three (3) or more at large dogs.

R.

"Private practitioner" means a graduate veterinarian licensed by the State of Missouri to practice medicine.

S.

"Property enclosure of a dangerous dog" means, while on the owner/guardian's property, a dangerous dog shall be securely confined indoors or 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 pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

T.

"Puppy" means Canis familiaris, either male or female, under four (4) months of age.

U.

"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or breaking of skin.

V.

"Spay or neuter" means to alter surgically, chemically or by any other methods approved by the Commissioner of Health a dog or cat for the purpose of rendering such animal incapable of reproduction.

W.

"Tethering" means attaching a dog or cat to a stationary object or pulley run by means of a chain, rope, tether, cable, or similar restraint. "Tethering" does not include the use of a leash to walk a dog.

X.

"Veterinarian" means a graduate of an accredited veterinary college who is approved by the Commissioner of Health to perform certain rabies control functions.

(1994 C., § 10.04.010; Ord. No. 69798, § 4A, 7-15-2014; Ord. No. 67799, § 1, 2007; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

It is unlawful for any service animal trained to guide or assist a person with a disability, including those persons with mobility, visual or hearing impairments, when actually accompanying this person with a disability, to be prohibited admission to any place or vehicle which a person with a disability has a lawful right to enter. The service animal must wear the proper restraints and/or harness. At all times, the service animal or person must have in or on their possession, identification of training as a service animal, for the service animal. The service animal is allowed to accompany the person with a disability in all areas of public accommodation open to other patrons. The service animal shall not be separated from the person with a disability whom it serves.

(1994 C., § 10.04.020; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

An owner/guardian who is either passing through the City or who has been a resident thereof for less than thirty days and in possession or control of dog shall show evidence of the dog's having received rabies immunization, of any approved type, which would produce an immunization period covering the time in St. Louis. If the imported dog remains in St. Louis more than thirty days, the owner/guardian shall procure a St. Louis vaccination-registration certificate in accordance with the provisions of this chapter.

(1994 C., § 10.04.040; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

No dog or domestic cat, as defined in this Code, shall be permitted within the limits of the City unless such dog or cat is registered and the fee imposed by this chapter is paid, except that transient dogs, as defined herein are excepted from such certificate for the period stipulated above and feral cats are excepted from this requirement.

(1994 C., § 10.04.050; Ord. No. 69798, § 4B, 7-15-2014; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

Every person who owns any dog, cat, kitten or puppy, whether in a kennel or not, that is kept any time during the year within the City, or permits a dog, cat, kitten or puppy to come upon, on or in the City, or to remain in or about such person's home, place of business or other premises in the area affected by this chapter, shall have such dog, cat, kitten or puppy vaccinated against rabies and registered as provided in Section 10.04.070. Such dogs or cats must be vaccinated with a vaccine approved by the Commissioner of Health, and at a frequency approved by the Commissioner of Health for said vaccine.

B.

Puppies and kittens shall be confined to their owner/guardian's premises. Every person who is responsible for any puppy or kitten shall have such puppy or kitten vaccinated against rabies and registered as provided in this chapter on or before the puppy or kitten reaches four (4) months of age, but not earlier than three (3) months of age.

C.

Every dog or cat which has been vaccinated in accordance with the provisions of the chapter shall at all times wear the registration tag in the manner herein prescribed in Section 10.04.070.D.

D.

It shall be unlawful for any person to own any dog or cat unless such dog or cat has been vaccinated against rabies and wears a current, unexpired registration tag, and the owner/guardian possesses a certificate issued in accordance with the provisions of this chapter.

E.

Ear-tipped feral cats are exempt from the requirements of this section.

(1994 C., § 10.04.060; Ord. No. 69798, § 4C, 7-15-2014; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

The Commissioner shall prepare certificates in triplicate and numbered tags for distribution to veterinarians in a form the Commissioner deems is best calculated to further the progress of the program provided for in this chapter. Spaces shall be provided for the following information and for such other information as the Commissioner of Health may require to be filled in by the veterinarians legally authorized to vaccinate dogs and cats:

1.

The name and address and phone number of the owner/guardian;

2.

The date the vaccination was administered and the type of vaccine administered;

3.

The breed, markings, sex and name of the vaccinated dog or cat.

B.

The Health Department shall establish a fee of fifty dollars ($50.00) for each combined unit of corresponding vaccination-registration certificate and tag for the purpose of maintaining the system of vaccination-registration except that the fee shall be forty-six dollars ($46.00) less for the vaccination-registration certificate and tag for dogs or cats that have been spayed or neutered or any animal documented and certified by a licensed veterinarian as not being a proper subject for spaying and neutering or micro-chipping due to health or age reasons. The fee shall be the same for all vaccination-registration certificates and tags issued, regardless of the length of time for which they are issued. Maintenance expenses shall include materials, notification, filing, investigation, and enforcement to increase and maintain a high level of rabies immunization in the City. Each registrar shall order from the Health Department the number of certificates and tags needed to perform the duties as registrar, and pay to the Health Department with the order, the fee for each certificate and tag ordered. The registrar shall be reimbursed and paid the fee for each certificate and tag by the owner/guardian of or other person assuming responsibility over the dog or cat being vaccinated and registered, and which reimbursement and payment may be retained by the registrar.

C.

It shall be the duty of every veterinarian to be a registrar under this program and when vaccinating any dog or cat to fill out, in triplicate, copies, the certificate obtained from the Commissioner of Health, with the information required in Subsection A of this section, and immediately present one copy to the owner/guardian of the vaccinated dog or cat and mail one (1) copy to the Health Department, by the tenth (10th) day of the following month, for filing and statistical purposes. The Health Department shall maintain cross files of certificates by the name of the owner/guardian and the number of the certificate. The remaining copy of the certificate shall be retained by the person performing the vaccination. The owner/guardian's copy of the certificate shall be retained by the owner/guardian of the vaccinated dog or cat for inspection by an authorized representative of the Commissioner of Health or any police officer.

D.

At the time of the vaccination of any dog or cat, the person performing the vaccination shall also deliver to the owner/guardian of the said dog or cat, the tag obtained from the Health Department, as evidence of such inoculation. Every owner/guardian of a vaccinated dog or cat shall attach the tag evidencing rabies vaccination and registration onto the collar or harness of the vaccinated dog or cat, and such collar or harness shall be worn by that dog or cat at all times. Any dog or non-ear-tipped cat found without a tag shall be deemed to be not vaccinated, unless proof of vaccination is provided to the satisfaction of the animal registration center. Ear-tipped feral cats are presumed to be vaccinated against rabies.

E.

No person shall divulge, distribute, disseminate, give, transfer, show, make available or allow a copy to be made of the name or address of any owner/guardian of a dog or cat registered under this chapter to or by any person other than an officer of a county, municipal, state or federal office or department for the purpose of licensing, tax collection, law enforcement, or rabies or other disease control in his respective jurisdiction; nor shall any of the persons authorized to be in possession of such names or addresses use such information for any purpose other than those allowed above nor shall any other person make any use, relating to dogs or puppies, cats or kittens, of any such name or address that has been obtained as a direct or indirect result of the vaccination-registration program provided for in this chapter; nor shall any person pose as, or falsely claim to be a Health Department employee or an agent of the Commissioner of Health or of any other governmental agency while soliciting, or making a survey of the names and addresses of dog or cat owner/guardians.

(1994 C., § 10.04.070; Ord. No. 69798, § 4D, 7-15-2014; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

Registration tags shall not be transferred from dog or cat to another dog or cat and no person shall affix a registration tag to a dog, cat, puppy or kitten other than the animal for which the tag was issued at the time of its rabies vaccination-registration, nor shall any person affix a registration tag to an animal that has not been vaccinated against rabies, nor shall any person counterfeit, alter, obliterate or attempt to counterfeit, alter or obliterate any rabies-registration tags.

(1994 C., § 10.04.080; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

The owner/guardian of a dog or cat who loses the assigned registration tag shall report the loss promptly to the Commissioner of Health, and upon proof of prior registration there shall be issued a new dog or cat registration and tag upon the payment of one dollar ($1.00). The Commissioner of Health shall enter the number of the replacement tag on the original immunization certificate.

(1994 C., § 10.04.090; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

No person shall make use of, or have in such person's possession, any St. Louis dog or cat registration tag not authorized by the Commissioner of Health or make use of, or have possession of a stolen or counterfeit registration tag.

(1994 C., § 10.04.100; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

There shall be a facility, to be called the animal regulation center, which is to have all legitimate functions of a municipal animal pound, which may be operated by the City or animal agency. The Commissioner of Health shall establish the standards of operations of such animal regulation center. In addition to the above functions, the animal regulation center will perform such rabies and animal disease control functions as are required by this chapter or assigned by the Commissioner of Health.

(1994 C., § 10.04.110; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

The fee for owners of cats and dogs who wish to relinquish those animals to the animal regulation center shall be established by the Commissioner of Health and shall equal the estimated costs of care and adoption or disposal of the animal.

(Ord. No. 70889, § 5, 12-26-2018.)

A.

All stray animals collected shall be confined at the animal regulation center; provided, however, that during an emergency period when facilities are inadequate at the center, the Commissioner of Health is authorized to make provisions for adequate housing and care elsewhere.

B.

Biting dogs or cats or dogs or cats suspected of having rabies confined for isolation and observation shall be handled under procedures established by the Commissioner of Health. The Commissioner of Health is authorized to provide for such isolation and observation at the animal regulation center, at a hospital or facility of a private veterinary practitioner having the staff and equipment to handle such cases, or in a home, provided that any dog or cat authorized by the Director of the animal regulation center for home observation is impounded in an escape-proof enclosure for a period of not less than ten (10) days.

C.

Should the Commissioner of Health authorize observation at a hospital or facility of a private veterinary practitioner, the owner/guardian of a cat or dog may request such treatment by application to the Director of the animal regulation center. Such application shall contain the name and address of the facility where the isolation and observation will be done, a description of the dog or cat, and any other information required by the Director of the animal regulation center. Release will be ordered by the Director of the animal regulation center upon verification by the veterinarian that there were no clinical symptoms of rabies on the tenth day after the bite. Verification shall include proof of possession of a valid current license tag.

D.

Should the Commissioner of Health authorize home observation, the owner/guardian of a dog or cat may request such treatment by application to the Director of the animal regulation center. Such application shall contain any information reasonably required by the Director of the animal regulation center, and the filing of such application authorizes the Director of the animal regulation center, to conduct reasonable investigations of the premises proposed for the home observation. Release from home observation will be ordered by the Director of the animal regulation center upon verification that there were no clinical symptoms of rabies on the tenth day after the bite and, in the case of a dog or cat held for observation, verification shall include proof of a valid current license tag.

E.

Any carnivorous animal, other than a dog or cat, running at large that has bitten any person, or any other animal other than a dog or cat, that is suspected of being afflicted with rabies may be destroyed immediately for the purpose of being tested for rabies, at the direction of the animal regulation center.

F.

All animals collected and confined shall be properly housed, fed, watered, and cared for. The Commissioner of Health or agency under contract with the City shall provide for all necessary facilities, food, water, vehicles and other equipment required to carry out the provisions of this chapter. Where confinement for isolation and observation is mandatory, the owner/guardian may order that certain protective sera or other medication be administered to his dog. This may be done for a fee, determined by the Commissioner of Health or the Commissioner's agent, which is payable in advance.

G.

No biting animal should be finally released unless procedures approved by the Commissioner of Health to have it spayed or neutered and micro-chipped for identification have been followed.

(1994 C., § 10.04.120; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

Upon the collection and holding of any animal there shall be kept in the records of the animal regulation center a detailed description of each animal. The animal regulation center shall immediately notify the owner/guardian from whom the animal was taken, if the owner/guardian can be determined. These records shall be available for public inspection.

(1994 C., § 10.04.130; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

The Commissioner of Health or the Commissioner's agents shall take up and hold any dog which may be found running or being at large in the City contrary to the provisions of this chapter or any lawful order made pursuant thereto. Dogs found running at large may be pursued across, or taken upon, unenclosed private property, unless specifically prohibited by the owner/guardian.

(1994 C., § 10.04.140; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

Pursuant to Section 10.04.140, which authorizes the Commissioner of Health or his or her agents to regulate dogs running at large, this section seeks to protect the right of all citizens to enjoy a normal urban environment free of reasonable fear of dogs possessed within this City.

B.

No person shall own, keep, or harbor any dog or other animal that is not securely confined, which by attempting to bite, jump upon, charge toward or otherwise threaten any other person shall cause such other person to have a reasonable fear of immediate serious physical injury. Any person cited pursuant to this subsection may state as a defense subject to proof that the threatening behavior of the animal was instigated or provoked by the complainant or that the fear expressed by the complainant was not a reasonable fear of immediate serious physical injury, and the court shall give any such defense such weight was the court in its judicial discretion finds to be appropriate in the circumstances of the case.

C.

No person shall own, keep or harbor any dog in such manner as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox by any authorized employee of the utility or postal service. Any dog so owned, kept or harbored so as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox may be removed by the Department of Health, where it will be treated as a stray under this chapter.

(Ord. No. 70889, § 1, 12-26-2018.)

Licensed animals taken up and confined in the rabies control center may be released to the owner/guardian upon the furnishing of adequate proof that the animal was licensed at the time of the confinement and the payment of a service fee to the center. The service fee shall be twenty dollars ($20.00) for the first three (3) days and ten dollars ($10.00) per day additional after that period of time. After a five (5) day holding period, the animal may be disposed of by any method provided by City ordinance. No dog or cat should be finally released unless procedures approved by the Commissioner of Health to have it spayed or neutered and micro-chipped for identification have been followed.

(1994 C., § 10.04.150; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

Unlicensed animals taken up and confined at the animal regulation center may be released to the owner/guardian by having them licensed and the payment of a service fee of twenty dollars ($20.00) for the first three (3) days and ten dollars ($10.00) per day additional after that period. After five (5) days' confinement, the animal regulation center may order disposal of the animal by any method provided by this chapter. No dog or cat should be finally released unless procedures approved by the Commissioner of Health to have it spayed or neutered and micro-chipped for identification have been followed.

B.

Feral cats may be released to a feral cat caregiver.

(1994 C., § 10.04.160; Ord. No. 69798, § 4E, 7-15-2014; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

All fees and penalties collected under the provisions of Sections 10.04.115, 10.04.150 and 10.04.160, not to exceed twenty thousand dollars ($20,000.00) each fiscal year, shall be deposited into a special fund to be known as the Neuter Assistance and Education Fund (the Fund). The purpose of the Fund shall be to offer financial assistance to qualified St. Louis City residents for the spaying or neutering of their dogs and cats and to create public awareness regarding efforts to control pet overpopulation in the City of St. Louis. The Commissioner of Health is authorized and directed to establish rules and regulations for the administration of the Fund and the criteria by which residents shall be deemed qualified for financial assistance from the Fund.

(1994 C., § 10.04.165; Ord. No. 70889, § 6, 12-26-2018; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

After notice required by Section 10.04.130 has been given, if the owner/guardian is known, and after the five (5) days of holding for all stray animals required by Ordinance 60878, or any subsequent ordinance, has elapsed, then such animal may be released to any person upon payment of the fees required under this section or any other ordinance and provided all other requirements for adoption are met. No dog or cat should be finally released unless procedures approved by the Commissioner of Health to have it spayed or neutered have been followed.

B.

The Commissioner of Health may, in lieu of having an unclaimed animal killed as provided in this chapter, give such animal into the custody of any adult, which shall be defined herein as any person of 18 years of age or older, requesting custody (animal adoption) of such specific animal as a pet after viewing it, provided all provisions of this section are met. The Commissioner of Health may also at his or her discretion give an animal to an organization for charitable purposes, provided the Commissioner of Health is convinced that the organization will provide a good home. Any such organization shall comply with all of the requirements set forth in this chapter regarding the spaying or neutering, vaccination and licensing of animals.

1.

No animal will be released to any person or organization unless in the judgment of the Commissioner of Health the person will humanely care for such animal and will not permit its use for laboratory or experimental purposes.

2.

No person will be given to the custody of an individual who, in the judgment of the Commissioner of Health is requesting the animal with the intent to transfer ownership or sell it.

3.

Not more than two animals may be given into the custody of any individual or family per calendar year.

(1994 C., § 10.04.170; Ord. No. 70889, § 2, 12-26-2018; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

Biting and other animals that must be observed for a period of ten (10) days at the animal regulation center shall be released to their owner/guardians upon payment of a fifty dollar ($50.00) service fee for the observation period, provided all other requirements of this chapter are met. Animals may be held for the owner/guardian for a maximum of three days past the observation period for a fee of ten dollars ($10.00) per day if the owner/guardian makes such a request. If no such request for extra holding time is made, the animal may be disposed of in any way provided by this chapter at the discretion of the Director of the animal regulation center.

(1994 C., § 10.04.180; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

Animals not claimed by their owner/guardians shall be held for five (5) days, or for ten (10) days for dogs or cats under observation for rabies, after which the animals may be disposed of as provided for in Section 10.04.190 or 10.04.210 or may be humanely put to death in a manner prescribed by the Commissioner of Health.

(1994 C., § 10.04.190; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

Collected, unidentified animals which are brought to the center by the fieldsmen in a visibly sick condition due to canine distemper, hepatitis, leptospirosis, advanced demodectic or sarcoptic mange, or other serious communicable disease, or are severely injured, which in a veterinarian's judgment renders the animal beyond a reasonable hope of recovery, may be ordered destroyed at once by the veterinarian or, in his absence, by the Director of the animal regulation center. Sick animals whose owner/guardian can be determined shall be placed in isolation until the owner/guardian can be contacted for instructions as to destruction, treatment, or release to a private veterinarian for treatment. Such release shall be made only after all requirements of this chapter, as to licensing and fees, are met or provided for.

(1994 C., § 10.04.210; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

No person owning, having a proprietary interest in, harboring or having the care, charge, control, custody or possession of a dog, shall permit such dog to be in or upon any public street, park or other public place unless such dog is upon a secure leash not more than six feet long held continuously in the hands of a responsible person capable of controlling the dog, or unless the dog is securely confined within an automobile, or in or upon any enclosed lot or premises; provided, however, that this section shall not apply to any such person who is in possession or operating within the terms of a valid, unrevoked permit from the City for the conduct of obedience or other types of trial or show of dogs in or upon any public place.

B.

Subsection A of this section shall not apply to dogs under the control of a competent person in a designated fenced dog exercise area in a City park or portion of a City park or other City-owned property approved and designated for that purpose by the Director of Parks, Recreation and Forestry or by ordinance.

C.

The following regulations and limitations shall apply to all dog exercise areas:

1.

Unless designated by ordinance, the Director of Parks, Recreation and Forestry shall designate City-owned property as a dog exercise area and shall issue revocable permits to a dog exercise sponsor. The City shall provide the dog exercise area. The sponsor shall provide, as a minimum, perimeter fence and double pedestrian gates and fence and gate maintenance with the expectation of reasonable user behavior. The sponsor shall register users, provide education aimed at teaching basic obedience to users, insure the overall cleanliness of the area on a day to day basis, the proper disposal of all waste, repair and seeding of bare areas and filling of holes caused by the users, general maintenance, including turf maintenance and weed control, and fence and gate maintenance which is beyond reasonable user behavior.

2.

A neighborhood or a nonprofit organization must sponsor a dog exercise area.

3.

Dog exercise area will be open from 6 o'clock a.m. to one hour after sunset. There shall be no lights in the exercise area except as provided in the permit. If lighting is permitted, the dog exercise area shall close at 10:00 p.m.

4.

As a condition of admission to such dog exercise area, the owner of such dog(s) must use a suitable container or instrument to remove dog feces from the designated area and dispose of it in the sponsor-provided waste containers. The sponsor shall provide suitable containers and shall dispose of materials in the containers in a manner that is consistent with federal, state and local ordinances and regulations.

5.

Aggressive, sick dogs, and/or dogs with any external parasites are not permitted in the exercise area. Owners are legally responsible for any injury caused by their dog.

6.

All dogs must be under visual and voice control by owners at all times. Excessively barking or uncontrollable dogs must be removed immediately.

7.

Dogs shall not be left unattended in the exercise area. No person may bring more than three dogs into the exercise area at any one time.

8.

Dogs under four (4) months old are not permitted in the exercise area.

9.

All dogs shall have been vaccinated and legally licensed prior to using the facility and shall wear license and ownership tags.

10.

Female dogs in estrus (heat) are not permitted in the exercise area.

11.

Professional dog trainers may not use the facilities in the conduct of their business.

12.

Children under 14 shall be accompanied by an adult while in the exercise area and are not permitted to run, shout, scream, wave their arms, or otherwise excite or antagonize dogs in the exercise area.

13.

Bicycles, roller blades, roller skates, skateboards and strollers, and the like, are not permitted in the exercise area. Wheelchairs are permitted.

14.

Choke, prong, pinch and spiked collars on dogs are not permitted in the exercise area.

15.

The owner of any dog using the designated exercise areas must have in his possession at all times that the dog is in the exercise areas, a leash for such dog which shall be worn by the dog at all times that the dog is not in the exercise area.

16.

Owners shall otherwise comply with all rules governing the parks and relevant parking regulations. No food shall be permitted in the dog exercise area.

17.

Use of dog exercise areas by any dog shall constitute implied consent of the dog's owner to all of the conditions stated in this section and the permit and shall constitute a waiver of liability to the City of St. Louis and an agreement and undertaking to protect, indemnify, defend and hold the City of St. Louis harmless for any injury or damage caused by such dog during any time the dog is in an exercise area.

18.

The dog exercise area sponsor shall provide to the Director of Parks, Recreation and Forestry, on an annual basis, a liability insurance policy in the amount of $1,000,000.00. The policy shall name the City of St. Louis as additional insured.

19.

Dog exercise area sponsor may charge an annual usage fee and limit use of exercise area to those dog owners who are current in payment of the usage fee for the purpose of maintaining and improving the dog exercise area. Said fees shall be reasonable and inline with the same type of fee as set by other dog exercise areas within the City and of St. Louis County.

D.

The Director of Parks, Recreation and Forestry may promulgate additional rules and regulations concerning the use of the dog exercise areas, but not limited to, the following:

1.

Application Process. Sponsoring group submits the following to Director of PRF:

a.

Letter of support from Alderperson;

b.

Letter of endorsement from applicable neighborhood association(s);

2.

Sponsorship Information. Name, address and phone numbers of primary contact person and four board members (primary contact will have his/her number posted on the dog park for questions and complaints);

3.

Petition signed by 25 residents of the City of St. Louis who are potential dog park users with name, address, and phone number for verification;

4.

The applicant must demonstrate the ability to fund the construction and maintenance of the dog park;

5.

The sponsoring group must adhere to the following dog park conditions:

a.

Size. No dog park will be more than 50,000 sq. ft. and no more than ¼th of total park acreage—an average of 500 sq. ft. per dog;

b.

Fence Height. 60 inches minimum;

c.

Gates. Must be double entry;

d.

Surface. Stone dust or grass. If grass, it must be irrigated and reseeded in the fall and spring—understanding that some of the area will have to be cordoned off during the reseeding process;

e.

Water. Must have a viable water source for the area;

f.

Rules. Dog park rules must be posted with the telephone number for complaints. The Animal Regulation Division of the Health Department will be the final arbitrator of complaints;

g.

Construction. All construction must conform to all existing City regulations and codes and final plans must be approved by the City.

Failure to comply with all the above rules and the rules promulgated by the Director may result in the revocation of said permit.

E.

Private property dog parks fall under the jurisdiction of the Animal Regulation Division of the Health Department. The owner of the property must obtain an annual permit for the use of the property as a dog park. The Division may refuse to issue an annual permit if there have been violations of the rules and regulations for the use of the dog park. The property cannot be used for any other purpose other than a dog park. Listed below are the minimum rules and regulations, and the Division may promulgate other rules and regulations:

1.

All dogs shall be currently rabies vaccinated, registered and wearing the appropriate tag and/or held by the owner while in the park;

2.

No female dogs in estrus (heat) are allowed;

3.

Aggressive, sick dogs and/or dogs with any external parasites are not permitted in the dog park. Any/all dogs showing aggressive behavior towards people or other dogs must be removed immediately. Owners are responsible for any injury caused by their dog;

4.

Any attack to any person or animal must be immediately reported the animal regulation center;

5.

All dogs must be held on a leash no longer than 6 feet in length by a responsible person so as to effectively prevent it from biting any person or animal until entry into the dog exercise area;

6.

The park can only be open from 6:00 a.m. to one hour after sunset;

7.

As a condition of admission to such dog park, the owner of such dog(s) must use a suitable container or instrument to remove dog feces from the designated area and dispose of it in a sponsor-provided waste container. The sponsor must provide suitable containers and shall dispose of materials in the containers in a manner that is consistent with federal, state and local laws and regulations;

8.

Dogs shall not be left unattended in the dog park. No person may bring or have in the dog park more than three dogs at any one time;

9.

Dogs under four (4) months old are not permitted in the dog park;

10.

Professional dog trainers may not use the facilities in the conduct of their business;

11.

Children under 14 shall be accompanied by an adult while in the exercise area and are not permitted to run, shout, scream, wave their arms or otherwise excite or antagonize dogs in the dog park;

12.

Bicycles, roller blades, rollers skates, skateboards and strollers and similar devices are not permitted in the dog park. Wheelchairs are permitted;

13.

Choke, prong, pinch and spiked collars are not permitted in the dog park;

14.

No food shall be permitted in the dog park;

15.

The dog park sponsor may charge an annual usage fee and limit the use of the dog park to those dog owners who are current in the payment of the usage fee which shall be used for the purpose of maintaining and improving the dog park. Said fees shall be inline with the same amount of fee as charged for the use of other dog parks and dog exercise areas within the City and St. Louis County;

16.

Dog Park Applications and Qualifications.

a.

The applicant must submit to the Division a neighborhood petition signed by a majority of person residing and a majority of person doing business within a petition circle, which is defined as an area, circular in shape, with a radius of three hundred fifty (350) feet drawn from the center of the front of the dog park project to the street. A person shall be considered to reside within the petition circle if: (1) his domicile is within the petition circle; and (2) he is registered to vote from an address within the petition circle on the date the application is filed with the Division;

b.

The applicant must submit to the Division with the application the name, address and phone numbers of three contact persons. The primary contact person must have his name and number posted on the dog park for questions and complaints;

c.

The applicant must submit to the Division a drawing showing the location and size of the dog park. There shall be no less than 500 square feet for each dog in the dog park. The number of allowable dogs must be posted on the dog park gate. The applicant must demonstrate they have the ability to fund the construction and maintenance of the dog park;

d.

The dog park must be surrounded by a fence of at least five feet but no more than 8 feet;

e.

The gate must be double entry and the dog park rules must be posted on the exterior gate at all times;

f.

The surface must be stone dust or grass. If grass, it must be irrigated and reseeded in the spring and fall;

g.

There must be a viable water source in the dog park;

h.

All construction must conform to all existing City regulations and codes and final plans must be approved by the City;

i.

The Animal Regulation Division of the Health Department will be the final arbitrator of complaints and the interpretations.

(1994 C., § 10.04.220; Ord. No. 66595, §§ 2—6, 2004; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

No owner/guardian of any domestic cat shall permit such domestic cat to be found at large on the streets of the City or in any public place or on another person's property.

(1994 C., § 10.04.225; Ord. No. 69798, § 4F, 7-15-2014; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

No person shall entice any dog or cat out of the enclosure of the owner/guardian thereof or molest or seize any dog or cat while lawfully held or led by any responsible person, except that no person shall refuse to surrender any dog that has bitten a person to an agent of the Commissioner of Health for isolation and observation as required by this chapter.

(1994 C., § 10.04.230; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

Every person owning or harboring an animal known to have or suspected of having rabies, or which has been bitten by or exposed to a rabid animal, shall confine and isolate such animal in some secure place and immediately notify the animal regulation center as to where the animal is confined. If required by the Commissioner of Health or the Rabies Control Officer, such person shall surrender the animal to the animal regulation center for disposal.

(1994 C., § 10.04.240; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

Every veterinarian in the City shall report at once, by telephone and also in writing, every case of clinical rabies, of which the veterinarian has knowledge, to the Commissioner of Health. Veterinarians shall submit the brain of all animals treated by them and dying of rabies or suspected rabies to the Health Department Laboratory for confirmation of diagnosis. Veterinarians vaccinating dogs that are kept within the City shall furnish the owner/guardian with a certificate of immunization giving the name and address of the owner/guardian, the date of immunization, the type of vaccine used, the sex and complete description of the dog and any other information required by the Commissioner of Health.

(1994 C., § 10.04.250; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

In case an animal bites any person, the animal regulation center shall immediately be notified by any person with knowledge of such incident. Such animal immediately comes under the jurisdiction of the Commissioner of Health or the Commissioner's assigns, and the animal regulation center shall supervise the isolation and observation of such animal. Dogs and cats that have bitten any person shall be handled in accord with Section 10.04.120.B, C and D, and all other animals shall be handled in accord with Section 10.04.120.E.

(1994 C., § 10.04.260; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

Designation of Dog as Dangerous Dog. The Director of Health or his or her designee may declare an animal a Dangerous Dog if he or she has probable cause to believe that the animal falls within the definition set forth in this chapter.

1.

Probable Cause to Declare. For the purposes of this section, probable cause includes:

a.

A prior court conviction that indicates that the dog has acted in a manner causing it to fall within the definition of a Dangerous Dog; or

b.

A dog bite report filed with the Department of Health; or

c.

Actions of the dog witnessed by any Animal Control Officer or Department of Health representative or law enforcement officer; or

d.

A verified report that the animal previously has been found to be either a Potentially Dangerous Dog or a Dangerous Dog by any animal control authority; or

e.

Other substantial evidence admissible in a court of law.

2.

Service of Declaration. The declaration shall be in writing, and shall be served on the owner or keeper either by regular United States mail to the owner's keeper's or harborer's last known address, or by personal service.

3.

Contents of Declaration. The declaration shall state at least:

a.

A description of the animal; and

b.

The name and address of the owner, keeper or harborer of the animal, if known; and

c.

The whereabouts of the animal if not in the custody of the owner; and

d.

The facts upon which the declaration is based; and

e.

The availability of a hearing in case the person objects to the declaration, if a request is made in writing within five days of the date of receipt of the declaration; and

f.

The restrictions placed on the animal as a result of the declaration; and

g.

The penalties for violation of the restrictions, including the possibility of the destruction of the animal and imprisonment or fining of the owner, keeper or harborer.

4.

Appeal of Declaration. The owner, keeper or harborer may, within five days of receipt of the declaration, file a written request for a hearing. The request must be sent to the Commissioner of Health. The appeal will be heard by the Commissioner or a hearing officer who is appointed by the Commissioner to consider these appeals. Following the Commissioner's or hearing officer's decision pursuant to this section the owner, keeper or harborer shall be considered to have exhausted such owner's, keeper's or harborer's administrative appeal. If the Commissioner or hearing officer finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled. If the Commissioner or hearing officer finds sufficient evidence to support the declaration, then it shall be affirmed.

5.

Impoundment Pending Appeal. Following the service of a declaration of a Dangerous Dog, and pending appeal pursuant to this section, the Health Commissioner may, if circumstances require as determined by the Commissioner, impound the animal at the owner's, keeper's or harborer's expense, pursuant to the provisions of this chapter, until the Commissioner of Health orders either its redemption or destruction.

B.

Certificate of Registration.

1.

It is unlawful for any person to have a dangerous dog in the City without a certificate of registration issued under this chapter. This section shall not apply to dogs used by law enforcement officials for police work.

2.

The Commissioner of Health of the City shall issue a certificate of registration to the owner/guardian of each dangerous dog if the owner/guardian presents to the animal control unit sufficient evidence of:

a.

A proper enclosure to confine a dangerous dog and the posting of a notice conspicuously visible to the public at each entrance to the premises and on each side of the proper enclosure, reading in letters not less than two inches high,

"A DANGEROUS DOG IS PRESENT ON THIS PROPERTY AND IS NOT ALLOWED OUT OF HOUSE OR PEN WITHOUT LEASH AND MUZZLE. REPORT VIOLATIONS TO 314.657-1500." In addition, each such notice shall conspicuously display a warning symbol that informs children of the presence of a dangerous dog. If the dangerous dog is kept in a multi-resident dwelling, a notice shall be posted at the entrance to the building as well as the entrance to the dwelling unit;

b.

i.

A surety bond issued by a surety insurer qualified under the chapter in a form acceptable to the animal control authority in the sum of at least fifty thousand ($50,000.00) dollars, payable to any person injured by the dangerous dog; or

ii.

A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified in the amount of at least fifty thousand ($50,000.00) dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. Such surety bond or insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the Commissioner of Health;

c.

Sufficient evidence that such animal has been spayed or neutered and micro-chipped for identification;

d.

In addition, the owner/guardian shall provide the Commissioner of Health with the following information prior to the issuance of a certificate of registration:

i.

Name and address of owner/guardian;

ii.

Dog's name;

iii.

Photograph of dog;

iv.

Location where dog is to be enclosed;

v.

Veterinarian's name;

vi.

Dog's immunization number.

A minor, which is defined as a person under eighteen years of age, may not be the keeper or owner/guardian of such dog.

e.

In the event that the adult owner/guardian of the dangerous dog dwells in a multi-resident dwelling, proof must be provided that the owner of the dwelling as maintained in the records of the Assessor of the City of St. Louis is notified of the presence of the dangerous dog, by certified mail or personal hand-delivery by the Commissioner of Health or the Commissioner's designee.

3.

The fee for the registration of dangerous dogs shall be established by the Commissioner of Health and shall equal the estimated costs of administering the provisions of this chapter with respect to dangerous dogs.

4.

It is unlawful to permit or allow a dangerous dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash not longer than six (6) feet and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

5.

Dogs shall not 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 tort upon the premises occupied by the owner/guardian of the dog or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

6.

Any dangerous dog shall be immediately confiscated by an animal control authority if the (1) dog is not validly registered under this chapter; (2) owner/guardian does not secure and maintain the liability insurance coverage required by this chapter; (3) dog is not maintained in the proper enclosure; or (4) dog is outside of the dwelling of the owner/guardian or outside of the proper enclosure and not under physical restraint of the responsible person.

7.

Upon any attack or assault by a dangerous dog, the Commissioner of Health or the Commissioner's designee is hereby empowered to confiscate and destroy such vicious dog.

8.

Upon any aggressive attack or assault by any dog causing the severe injury or death of any human, the Commissioner of Health or the Commissioner's designee is hereby empowered to confiscate and destroy such vicious dog.

(1994 C., § 10.04.270; Ord. No. 70889, § 3, 12-26-2018; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

The provisions of this chapter regarding the neutering, spaying and micro-chipping of dogs and cats shall not apply to any animal that is to be trained and actively used by law enforcement agencies for law enforcement and rescue activities; any guide, signal or service dog; any animal documented and certified by a licensed veterinarian as not being a proper subject for spaying and neutering or micro-chipping due to health or age reasons; and all animals owned by certified and licensed breeders or hobby/show breeders.

(1994 C., § 10.04.275; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

No person shall enter a dog in a dog fight.

(1994 C., § 10.04.280; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

No owner/guardian or other person controlling or possessing any dog or cat shall leave a dog or cat tethered outdoors for ten (10) continuous hours or for a total of twelve (12) hours in a twenty-four-hour period.

B.

No owner/guardian or other person controlling or possessing any dog or cat shall tether a dog or cat except by means of a properly fitting harness or collar of nylon or leather construction and a tether in proportion to the size of the animal. The tether must be at least fifteen (15) feet in length with a swivel at both ends.

C.

No owner/guardian or other person controlling or possessing any dog or cat shall 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.

D.

No owner/guardian or other person controlling or possessing any dog or cat shall tether a dog or cat outdoors in unsafe or unsanitary conditions or when said 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.

E.

No owner/guardian or other person controlling or possessing any dog or cat shall fail to provide the dog or cat with sanitary living conditions including shelter proper for the species and sufficient to protect the animal from extreme temperatures, wind, rain, snow and sun.

F.

No owner/guardian or other person controlling or possessing any dog or cat shall maliciously and knowingly restrain a dog or cat using a metal chain, tether, or metal wire grossly in excess of the size necessary to restrain a dog or cat safely.

G.

All dogs and cats shall be treated humanely and shall not be beaten, tormented, overworked, neglected or cruelly treated, except that reasonable force may be used to drive off vicious animals. No animal shall be induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices which may cause physical injury or suffering.

H.

The owner, keeper or person harboring any female dog shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building except when out upon such person's premises briefly for toilet purposes while on leash or otherwise effectively physically restrained. For the purposes of this section, the term "briefly for toilet purposes" shall consist of a maximum time of 15 minutes on each separate occasion.

I.

Excessive Animal Noise Prohibited. No person shall own or keep any animal which by making excessive noise disturbs a neighbor. 'Excessive noise" shall mean and include any noise produced by an animal which is so loud and continuous or untimely as to disturb a neighbor. "Neighbor" shall mean an individual residing in a residence structure and who does in writing state that he or she will testify under oath as to the animal making excessive noise.

(1994 C., § 10.04.285; Ord. No. 70889, § 4, 12-26-2018; Ord. No. 67799, § 2, 2007; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A.

No dog training activity shall occur in a St. Louis public park without a valid permit if such training involves more than two (2) dogs. No dog training whatsoever shall involve teaching the dog to attack a person, another animal or inanimate object, or if such training involves the use of a stick, club, padded suit, or whip.

B.

No dog training activity in a St. Louis public park shall occur within three hundred (300) feet of any playground, jogging trail, athletic fields, swimming pools, tennis courts and/or basketball courts. All prior existing ordinances shall remain in full force and effect.

C.

Any person wishing to train dogs in a public park is required to obtain a valid permit from the City for the conduct of obedience or other types of training of dogs in or upon any public place in accordance with Subsection A of this section. The Parks Department shall create the policies and procedures for issuing and revoking such permits.

D.

Exemption. This section shall exempt properly authorized dog parks.

E.

Penalty. Any person who violates the provisions of this section shall be subject to a fine of not less than five hundred dollars ($500.00).

(1994 C., § 10.04.287; Ord. No. 68991, §§ 1—5, 10-20-2011.)

In times of emergency conditions which, in the opinion of the Commissioner of Health, present real or potential dangers to the human or animal population of the City because of a weakness in the rabies control program or the threat or actual presence of rabies in the City, the Commissioner of Health shall be authorized to issue any decrees or use any other available means necessary to eliminate or abate hazards to the people of the City. Such decrees may order confinement, or other regulation, of animals other than dogs, low-cost mass immunization clinics, or any other measure reasonably related to the protection of the health and welfare of the public.

(1994 C., § 10.04.290; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

The Commissioner of Health, after consultation with the Board of Health and with the approval of the Director of Health and Hospitals, may make and adopt such reasonable rules and regulations as are necessary for the proper and efficient administration of this chapter.

(1994 C., § 10.04.300; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

It shall be the duty of every dog owner/guardian, defined and identified under the provision of Sections 10.04.010 et al. of the Revised Code of the City and the applicable provisions of Ordinance 57980 of the City of St. Louis, 1980, to remove any feces left by said dog on any sidewalk, gutter, street, park or other public area, or on any private property used by said dog for depositing any feces, if the same is done in the presence of the owner/guardian of said dog, or in the presence of any person exercising control over said dog at the time of said offense.

(1994 C., § 10.04.310; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

Every dog found to be in violation of Section 10.04.310 that is not properly registered and vaccinated, as required by Section 10.04.070, shall be confined as a stray dog, whether the same at the time of detention for violation of Section 10.04.310 is on a leash or other restraining device or not; and the same shall be held and detained in all respects as called for by Section 10.04.010 et al. of the Revised Code of the City of St. Louis, 1980, until released or provided by Section 10.04.160, and upon release, shall still be answerable and chargeable with an offense under Sections 10.04.310.

(1994 C., § 10.04.330; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

The provisions of Section 10.04.310 shall not apply to a service dog accompanying any person with visual or mobility disabilities.

(1994 C., § 10.04.340; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

A food service establishment may permit a customer to be accompanied by a dog in an outdoor dining area if:

A.

The food service establishment posts a sign in a conspicuous location stating that dogs are allowed in the outdoor dining area; and

B.

The food service establishment provides waterless hand sanitizer in a convenient location for customers and employees, or upon request; and

C.

The food service establishment immediately cleans up any unsanitary condition resulting from a dog; and

D.

The customer and the dog access the outdoor dining area directly from the exterior of the food service establishment; and

E.

The dog does not enter the interior of the food service establishment; and

F.

The customer keeps the dog on a leash which keeps the dog close to the customer; and

G.

The customer controls the dog; and

H.

The operator of the food service establishment may ask the customer to remove any dog whose activities or behavior are deemed undesirable or disruptive at the sole discretion of the operator; and

I.

The customer does not allow the dog on a seat, table, countertop, or similar surface; and

J.

The customer does not allow the dog to come in contact with plates or utensils; and

K.

In the outdoor dining area, the food service establishment does not:

1.

Prepare food; or

2.

Permit open food, except for food that is being served to a customer.

(1994 C., § 10.04.345; Ord. No. 67611, § 1, 2007.)

Every person found guilty for the first time of a violation of any provision of this chapter shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. Upon a finding of guilt of a second violation, the person shall be punished by a fine of not less than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment; upon a third and subsequent violation, the person shall be punished by a fine of not less than five hundred dollars ($500.00) and by imprisonment for not less than ten (10) days.

(1994 C., § 10.04.350; Ord. No. 66384, § 1(part), 2004; Ord. No. 65206, § 1(part), 2001.)

An owner or any person is guilty of interfering with a health officer or agent when he:

A.

Conceals an animal from a health officer or agent of the Department of Health or the Commissioner's designee.

B.

Refuses to surrender an animal upon the lawful request of a health officer or agent of the Department of Health or the Commissioner's designee.

C.

Physically attempts to prevent impounding of an animal by a health officer or agent of the Department of Health or the Commissioner's designee.

(Ord. No. 70889, § 7, 12-26-2018.)