[CC 1970 §4-50; Ord. No. 5798 §2, 11-11-2003; Ord. No. 6305 §1, 1-28-2014]
A.
Classification. 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 Section and Section 210.350 of this Code:
1.
Any animal which 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,
which results in broken bones or lacerations requiring stitches or
hospitalization. The victim receiving severe injuries, as defined
above, must provide the Police Chief with a signed physician's
statement documenting the injury and the treatment qualifying such
as a severe injury or sign an authorization for the release of such
statement.
2.
Any animal which has attacked or bitten a human being or domestic
animal, without provocation, on public or private property other than
the property of the owner.
3.
Any animal which, while on the owner's property, has attacked
or bitten, without provocation, a human being other than the owner
or a member of the owner's family who normally resides at the
place where the animal is kept, or domestic animal.
4.
Any animal which, while off the owner's property, has killed
a domestic animal, livestock or poultry without provocation.
5.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting.
6.
Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public grounds or private property,
other than the property of the owner, in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by said animal.
7.
Any animal with a known history, propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise threaten the
safety of human beings or domestic animals.
8.
In addition, in any administrative or judicial proceeding relating
to the provisions of this Section, there shall be a rebuttable presumption
that any animal which has been found to be dangerous in any administrative
or judicial process in any other jurisdiction is a dangerous animal
and may only be owned or maintained within the City in strict compliance
with all provisions of this Section.
B.
Notice. 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 and Section 210.350. If the owner cannot be located, the animal may be immediately impounded, and notice shall be posted at the owner's last known address.
C.
Appeal And Hearing. 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 notice of said classification, a written request to the Chief of Police for a hearing to contest the dangerous animal classification.
1.
The City Manager shall, within ten (10) working days after receipt
of a bona fide written request, designate a hearing officer to conduct
the hearing and render a decision.
2.
Pending the outcome of such a hearing, the animal must be confined
in such a manner so as not to be a threat to any person. The confinement
may be on the owner's premises or with a licensed veterinarian.
3.
The hearing officer shall determine whether to classify the
animal to be a dangerous animal based upon evidence and testimony
presented at the time of the hearing, in addition to witnesses, animal
control personnel, Police or any other person possessing information
pertinent to such determination. 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 hearing officer 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 classified to be a dangerous animal shall
be required to maintain the animal as herein provided in this Code.
5.
Any person aggrieved by the determination of the hearing officer
may appeal the decision to the Circuit Court of St. Louis County pursuant
to the provisions of Chapter 536, RSMo.; provided, however, that any
appeal must be filed with the Circuit Court within five (5) days of
the date of the hearing officer's decision.
D.
Exemptions To Dangerous Animal Classification.
1.
No animal may be classified a dangerous animal 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.
2.
The Chief of Police may, because of extenuating circumstances,
determine from the investigation of an incident that an animal is
not dangerous. However, the owner being responsible for said animal
shall be warned of the animal's tendencies and shall take appropriate
action to prevent subsequent incidents. This, however, does not exempt
the owner from being cited for other animal control ordinance violations.
3.
Animals owned by governmental or law enforcement agencies when
being used in the services of those agencies are exempt.
E.
Actions To Be Taken For Dangerous Animals Causing Severe
Or Fatal Injuries.
[CC 1970 §4-51; Ord. No. 5798 §2, 11-11-2003]
A.
From
and after March 1, 2004, owners or keepers of an animal that has been
declared a dangerous animal may maintain the dangerous animal only
subject to the following limitations, requirements and conditions:
1.
Registration. Not later than March 10, 2004, or
immediately upon the acquisition of a dangerous animal thereafter,
every owner or keeper of a dangerous animal in the City shall 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. Notice of this requirement shall be given by posting
a copy of this Section in City Hall.
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 (10) day rabies quarantine in accordance with
the other provisions of this Chapter.
3.
Collar. 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 Clayton, 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.
Birth. All offspring born of dangerous animals within
the City must be removed from the City within three (3) months of
their birth.
c.
New address. Should the owner or keeper move from
one 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 his/her 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 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 covering the twelve (12) month period during which
licensing is sought. 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 Clayton 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.
11.
Compliance, violations and penalties.
a.
It shall be unlawful for the owner or keeper of a dangerous animal
within the City of Clayton 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 ten (10) days or the time necessary for the owner or
keeper to show compliance with this Section, whichever is shorter.
b.
Any person found guilty of violation of any provision of this Section shall be punished as provided in Section 100.110 of this Code. In addition to any penalty as provided above, the court shall order the registration of the subject dangerous animal revoked and the animal removed from the City. Should the defendant refuse to remove the animal from the City, the Municipal Court Judge may find the defendant owner 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.
