For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL SHELTER or POUND. Any premises designated by the City Council for the purpose or impounding or caring for animals held under the authority of this subchapter.
AT LARGE. Off the owner’s premises and not under the control of the owner or some person of suitable age and discretion, either by leash, cord or chain of not more than 8 feet in length, or otherwise. A dog under the control solely by means of command or signal shall not be considered under control for the purpose of this subchapter. A dog properly confined within a motor vehicle or properly confined within an enclosure, house or any other building, or retained within an enclosure, house or other building by leash, shall not be considered AT LARGE.
DOG. Both male and female dogs.
DOMESTIC ANIMAL or ANIMAL. Any of various non-venomous animals domesticated so as to live and breed in a tame condition. DOMESTIC ANIMALS do not include any animal considered "non-domestic" as defined by this section. DOMESTIC ANIMALS are limited to:
(1) Dogs: Canis lupus familiaris;
(2) Cats: Felis catus;
(3) Rabbits: Order Lagomorpha;
(4) Ferrets: Mustela putorius furo;
(5) Any of the class of Aves (birds) that are caged and otherwise kept inside the residence;
(6) Any of the class of Aves (birds) kept under the owners or caretakers control and within properties that are zoned Rural Residential or Agricultural by the St. Charles Zoning Code, further providing that those birds are not free to leave the property;
(7) Any of the order of Rodentia such as mice, rats, gerbils, hamsters, chinchillas and guinea pigs;
(8) Any of the class of Reptilia such as snakes, lizards, and turtles excepting those meeting the non-domestic animal definition;
(9) Any of the class of Amphibian such as salamanders, frogs, toads excepting those meeting the non-domestic animal definition;
(10) Any of the order of Erinaceomorpha such as hedgehogs and moon rats; and
(11) Sugar gliders: Petaurus breviceps.
KENNEL. Any place, building, tract of land, abode, or vehicle where three or more dogs are kept and maintained, with the exception of locations where the owners have been issued a multiple animal permit. KENNEL does not include a veterinarian licensed to practice in the State of Minnesota who keeps, congregates or confines dogs in the normal pursuit of the practice of veterinary medicine. KENNEL does not include an animal shelter owned and operated by any political subdivision of the state or providing animal sheltering services under contract with any political subdivision of the state.
OWNER. Any person, keeper, custodian or legal entity owning, harboring or keeping an animal, whether temporary or permanent.
PET. A dog or cat to be licensed.
POLICE OR POLICE OFFICER .The POLICE OFFICERS of the City of St. Charles and/or any firm, agency or company hired by the City of St. Charles to assist the police in the performance of their duties with regard to enforcement of this subchapter.
PREMISES. Any building, structure, shelter or land whereupon animals are kept or confined.
PROVOCATION. An act that a person could reasonably expect may cause an animal to attack or bite.
NON-DOMESTIC ANIMAL. Those animals considered to be naturally wild and not naturally trained or domesticated; or which are considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, NON-DOMESTIC ANIMALS shall include:
(1) Any member of the cat family (Felidae) including, but not limited to, lions, tigers, cougars, bobcats, leopards and jaguars, but excluding those recognized as domesticated house cats.
(2) Any naturally wild member of the canine family (Canidae) including, but not limited to, wolves, foxes, coyotes, dingoes, and jackals, but excluding those recognized as domesticated dogs.
(3) Any hybrid or crossbreeds between an animal defined in divisions (1) or (2) and a domestic animal and offspring from all subsequent generations of those hybrids or crosses, such as the crossbreed between a wolf and a dog.
(4) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets.
(5) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including, but not limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
(6) Goats, ducks, peacocks, miniature or pot-belly pigs, poultry, horses, cattle, llama, bison, except as allowed by the City of St. Charles Land Development Code.
(7) Any other animal that is not explicitly listed above but which can be reasonably defined by the terms of this section including, but not limited to exotic animals, non-human primates, bear, deer, and game fish.
SUBSTANTIAL BODILY HARM. Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
UNPROVOKED. The condition in which the animal is not purposely agitated or disturbed. It is a rebuttable presumption that any attack on a child 14 years of age or younger for which a reasonable person connotes an intent to inflict bodily harm will be considered to be UNPROVOKED unless the child is engaged in the commission of a crime or illegal activity, including activities classified under M.S. Ch. 343 as cruelty to animals.
(1987 Code, § 403.01) (Am. Ord. 625, passed 9-8-2020)