[R.O. 2008 §30.210; Ord. No. 2307 §1, 3-14-2006]
A.
Classification. The Chief or a designated representative
shall classify any animal with the following characteristics as a
"dangerous animal" for purposes of this Article:
1.
Any animal that has inflicted a severe or fatal injury on a human
on public or private property. "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 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 that has attacked or bitten a human being or a domestic
animal, without provocation, on public or private property (other
than the property of the owner or custodian).
3.
Any animal that, while on the property of the owner or custodian,
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 a domestic animal.
4.
Any animal that, while off the property of the owner or custodian,
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 that, when unprovoked, chases or approaches a person on
the streets, sidewalks or any public grounds or on 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 specific animal with a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise threaten the
safety of human beings or domestic animals.
B.
Notice. Within five (5) working days after classifying an
animal as a "dangerous animal", the Chief or his/her designated representative
shall notify the animal's owner/custodian of such classification,
in writing. The notice shall identify the requirements and conditions
for maintaining a dangerous animal as set forth in this Article. If
the owner/custodian 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 owner or custodian contests the classification, then the owner or custodian has the option of submitting, within ten (10) business days of the date of the notice of said classification, a written request to the City Manager for a hearing to contest the "dangerous animal" classification.
1.
The City Manager or a duly-appointed hearing officer shall, within
ten (10) working days after receipt of a bona fide written request,
conduct a 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 premises of the owner or custodian or with a licensed
veterinarian.
3.
The hearing officer shall determine whether to declare the animal
to be a "dangerous animal" based upon evidence and testimony presented
at the time of the hearing, which may include in addition to eyewitnesses,
animal control personnel, veterinary records or witnesses, police,
animal behaviorists, dog trainers 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 or custodian 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/custodian in writing of the decision. The owner/custodian of the animal found to be a "dangerous animal" shall be required to maintain the animal as provided in Section 210.140 hereof.
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 ten (10) days of
the date of the hearing officer's decision.
D.
Exemptions To Dangerous Animal Classification.
1.
No animal may be declared a "dangerous animal" if the threat, injury
or damage was sustained by a person who, at the time, was:
2.
The Chief may, because of extenuating circumstances, determine from
the investigation of an incident that an animal is not dangerous.
However, the owner or custodian 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.
No person may keep any lion, tiger, leopard, ocelot, jaguar,
cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena,
wolf, bear, non-human primate, coyote, any deadly, dangerous, or poisonous
reptile, or any deadly or dangerous reptile over eight (8) feet long,
in any place other than a properly maintained zoological park, circus,
scientific, or educational institution, research laboratory, veterinary
hospital, or animal refuge.
[R.O. 2008 §30.220; Ord. No. 2307 §1, 3-14-2006]
A.
From
and after June 1, 2006, an owner 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. Within ten (10) days of June 1, 2006,
or the acquisition of a dangerous animal, every owner or custodian
of a dangerous animal in the City shall register said animal with
the Chief on the "dangerous animal" registry. Notice of this requirement
shall be given by posting a copy of this Section in City Hall.
2.
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.
3.
Microchip. Any dangerous animal shall be microchipped
for permanent identification.
4.
Spaying/neutering. Any unspayed or unneutered dangerous
animal shall be surgically sterilized by a licensed veterinarian within
ten (10) days of its classification as a dangerous animal.
5.
Loose, unconfined or missing dangerous animal. The
owner or custodian 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.
6.
Reporting requirements. The owner or custodian shall
notify the Police Department within twenty-four (24) hours of any
of the following circumstances:
a.
Death or transfer of ownership. If a dangerous animal
has died or has been sold or given away or otherwise transferred in
ownership or possession. If the 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 custodian and, if the dog is kept within
the City limits of Olivette, the new owner or keeper must comply with
the requirements of this Article.
b.
Birth. All offspring born of dangerous animals within
the City. All such offspring must be removed from the City within
three (3) months of birth.
c.
New address. The new address of a dangerous animal
owner or custodian should the owner or custodian move from one address
within the corporate City limits to another address within the corporate
City limits.
7.
Confinement.
a.
All dangerous animals must be securely confined either indoors or
outdoors in a securely enclosed and locked pen, kennel or other structure
the ("enclosure"), except when leashed and muzzled as provided herein.
The enclosure must be suitable to prevent the entry of young children
and designed to prevent the animal from escaping. The enclosure must
have minimum dimensions of five (5) feet by ten (10) feet and must
have secure sides and a secure top attached to all sides. The enclosure
must be locked with a key or combination lock when dangerous animals
are confined within. The enclosure 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.
Enclosures must comply with all zoning and building regulations of
the City and 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.
8.
Signs. The owner or custodian 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 public highway or thoroughfare from which the property is entered.
In addition, a similar sign is required to be posted on the enclosure
or fenced yard of such animal.
9.
Leash and muzzle. A dangerous animal may be off
the premises of the owner or custodian 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 person capable of restraining the animal.
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.
10.
Financial responsibility. All owners or custodians
of dangerous animals shall, within ten (10) days of such classification,
provide the Police Department with proof of financial responsibility
as provided herein.
a.
The owner or custodian may provide proof of liability insurance in
a single incident amount of at least one hundred thousand dollars
($100,000.00), 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 Olivette to receive
ten (10) days' written notice by the insurance company prior to any
cancellation, termination or expiration of the policy.
b.
The owner or custodian may also provide proof by executing an affidavit
of financial responsibility, on a form provided by the City Clerk,
attesting that the owner is capable of paying and will pay damages
up to a minimum amount of one hundred thousand dollars ($100,000.00)
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.
11.
Photographs. All owners or custodians of dangerous animals shall, 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 and thereafter shall provide two (2) current photographs of the dangerous animal when applying for the license required by Section 210.030 hereof.
12.
Additional penalties. In addition to other penalty
assessed by the Municipal Court:
a.
Any animal found to be in violation of this Section may be subject
to immediate seizure and impoundment for a minimum of ten (10) days
or the time necessary for the owner or keeper to show compliance with
this Section, whichever is shorter.
b.
The registration of the subject dangerous animal may be revoked by
the court and the animal ordered to be removed from the City. Should
the defendant refuse to remove the animal from the City, the court
may find the defendant in contempt and order the immediate confiscation,
impoundment and disposition of the animal, subject to the defendant's
right to appeal to the St. Louis County Circuit Court.
c.
Any person found guilty of violating this Section may be required
to pay any and all expenses necessitated by the enforcement of this
Section including, but not limited to, shelter, food, handling, testing,
veterinary care and testimony.
