[Ord. No. 13-2060 §1, 11-4-2013; Ord. No. 16-2134 §1, 3-7-2016]
A.
The Chief of Police, or his 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. The term "severe injury" means
any physical injury resulting directly from an animal's bite
or attack, which results in broken bones or lacerations requiring
stitches or hospitalization. The victim receiving severe injuries,
as defined above, must provide 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 bitten (defined as a puncture wound or
other breaking of the skin) a person on any property other than that
of the animal's owner.
3.
Any animal that, while off the owner's property, has killed
a domestic animal, livestock or poultry.
4.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting.
5.
Any animal which approaches a person upon the streets, sidewalks
or any public grounds, or private property other than that property
of the owner of the animal, in a menacing fashion or apparent attitude
of attack, regardless of whether or not a person is injured by said
animal.
6.
Any 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.
[Ord. No. 13-2060 §1, 11-4-2013]
Within five (5) working days after classifying an animal as a dangerous animal, the Chief of Police, or his 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 205.180. If the owner cannot be located, the animal may be immediately impounded, and notice shall be posted at the owner's last known address.
[Ord. No. 13-2060 §1, 11-4-2013]
A.
If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Section 205.130 above 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.
B.
The City Administrator shall, within ten (10) working days after
receipt of a bona fide written request, designate a Hearing Officer
to conduct the hearing and render his/her decision.
C.
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.
D.
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, including 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.
E.
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 found to be a dangerous animal shall be
required to maintain the animal as herein provided in this Code.
F.
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.
[Ord. No. 13-2060 §1, 11-4-2013]
A.
The Chief of Police may, because of extenuating circumstances, determine
from the investigation of an incident that an animal is not dangerous.
Extenuating circumstances include, but are not limited to, if the
threat, injury, or damage was sustained by a person who, at the time,
was committing a willful trespass or other tort upon the premises
occupied by the owner or keeper of the animal, or was teasing, tormenting,
abusing, or assaulting the animal, or has, in the past, been observed
or reported to have teased, tormented, abused, or assaulted the animal
or was committing or attempting to commit a crime. However, the owner,
being responsible for said animal, shall be warned of the animal's
tendencies and shall take appropriate action to prevent subsequent
incidences. A determination that the animal is not dangerous does
not exempt the owner from being cited for other animal control ordinance
violations.
B.
Animals owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
C.
Determinations that an animal is not dangerous are not binding, and
upon further information or future incidents, the Chief of Police
may revise his previous decision and declare an animal dangerous.
[Ord. No. 13-2060 §1, 11-4-2013]
[Ord. No. 13-2060 §1, 11-4-2013]
A.
From
and after July 1, 2013, 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 October 1, 2013,
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 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 and on the City's website.
2.
Rabies Quarantine Impoundment. Any dangerous
animal which bites or scratches a human, or any animal which is determined
to be dangerous because of such biting or scratching of a human, shall
be impounded for a ten-day rabies quarantine in accordance with the
other provisions of this Code.
3.
Any dangerous animal shall wear, at all times, a bright orange
collar with a large brightly colored metal tag attached to the collar
so the animal can readily be identified as a dangerous animal. The
bright orange collar shall be of an orange color substantially similar
to the blaze orange (also known as hunter orange) required by the
Missouri Department of Conservation for hunter clothing.
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 Manchester, the
new owner or keeper must comply with the requirements of this chapter.
If a dangerous animal has died, the owner shall notify the Police
Department of that fact so the animal can be removed from the dangerous
animal registry.
b.
New address. Should the owner or keeper move
from one 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 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-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 Manchester to 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 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 Manchester to fail to comply with requirements and conditions set forth in this Section. Any animal found to be in violation of Sections 205.130 through 205.170 or this Section may be, in addition to other penalties provided by this 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.
In addition to any penalty as provided above or by this Code,
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 Judge may
find the defendant owner in contempt and order the immediate confiscation
and impoundment of the animal. 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.
