City of Florissant, MO ARTICLE I In General

Section 205.010 Definitions. [1]

[Code 1980 §4-1; CC 1990 §4-1]

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

ANIMAL

All types of animals, both domestic and wild, male and female, including cats and dogs.

ANIMAL POUND

A facility operated by the State or any political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.

AT LARGE

Off the premises of the owner or custodian of the animal or fowl and not on a leash or harness not to exceed six (6) feet in length or under the immediate control of the owner or custodian.

CAT

All domestic species or varieties of the genus Felis, male or female, six (6) months of age or older.

COMPETENT PERSON

A human being that is capable of controlling and governing the animal in question and to whose commands the animal is obedient.

DANGEROUS ANIMAL

An animal declared dangerous in accordance with the provisions of Section 205.260 of the Florissant City Code and not otherwise exempt under Section 205.250.

DIRECTOR OF PUBLIC WORKS

The reference of Director of Public Works shall include the Director of Public Works and his/her representative.

DOG

All domestic members of Canis familiaris, male or female, over six (6) months of age.

EXPOSED TO RABIES

When bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.

FOWL

All fowl, domestic and wild, male and female.

GUARD DOG

A dog not owned by a governmental unit, which dog is used to guard public or private property.

HOUSEHOLD

Those members of a family, including servants and attendants, living in the same dwelling unit.

IMMUNIZED

Immunized against rabies at the expense of the owner or custodian by the administration of antirabic virus by a licensed veterinarian.

IMPOUND

The apprehending, catching, trapping, netting, tranquilizing, confining or, if necessary, the destruction of any animal by the Health Commissioner or his/her agent.

KENNEL

Any place or tract of land whether indoors or outdoors, whether enclosed or not, in, at or upon which and whether for pleasure or profit dogs are kept, housed, bred, raised, fed, displayed, exhibited or sold. The owner of five (5) or more dogs, whether owned for pleasure or profit, breeding or exhibiting, shall be deemed to be the operator of a dog kennel.

KITTEN

All domestic species or varieties of the genus Felis, male or female, under the age of six (6) months.

OWNER

Any person who or firm or corporation which owns, harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog, cat or kennel. The occupant of any premises on which a dog or cat remains for a period of seven (7) days or to which it customarily returns daily for a period of ten (10) days is presumed to be harboring, sheltering or keeping the aforementioned dog or cat within this definition. Under no circumstances are the normal and ordinarily accepted definitions of the terms harboring, sheltering or keeping to be limited to the words of the aforementioned presumption. If a minor owns a dog, puppy or other animal subject to the provisions of this Chapter, the head of the household of which such minor owner is a member shall be deemed to be the owner of such dog, puppy or animal for the purpose of this Chapter and under this Chapter shall be responsible as the owner, whether or not such household head is himself/herself a minor. If not a member of a household, such minor owner shall himself/herself be directly subject to the provisions of this Chapter.

PUP OR PUPPY

All domesticated members of Canis familiaris, male or female, under six (6) months of age.

RESPONSIBLE ADULT

A person eighteen (18) years or older having the mental and physical capabilities of controlling the animal.

RESTRAINT

A dog, off the premises of its owner's real property, is under restraint within the meaning of this Chapter:

1. If it is controlled by a line or leash not more than six (6) feet in length, when such line or leash is held by a competent person;

2. When at "heel" of a competent person;

3. When within a vehicle being driven, parked or stopped;

4. When not more than fifty (50) feet from a competent person, if such dog is not annoying or worrying any human being or domestic animal or trespassing on private property or in a public area where dogs are forbidden.

VETERINARIAN

Any veterinarian holding a current Missouri State license and operating on a participating basis with the Health Department as required by this Chapter.

[1] Cross Reference — Definitions and rules of construction generally, §100.020.

Section 205.020 Animal Abuse. [1]

A. A person is guilty of animal abuse when a person:

1. Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;

2. Purposely or intentionally causes injury or suffering to an animal; or

3. Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.

[1] Note — Under certain circumstances this offense can be a felony under state law.

Section 205.025 Responsibility of Parent or Guardian of Minor Owning.

The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in the control of, or harbored by that minor child.

Section 205.030 Knowingly Releasing An Animal.

A. A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.

B. As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.

C. The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.

Section 205.035 Animal Neglect or Abandonment.

[Ord. No. 7773 §1, 2-17-2011]

A. A person is guilty of animal neglect when he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control.

B. A person is guilty of animal abandonment when he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.

C. A person is guilty of animal neglect if they fail to provide the animal with sanitary living conditions including clean water and shelter proper for the breed of animal and sufficient to protect the animal from extreme temperatures, wind, rain, snow and sun.

D. A person is guilty of animal neglect if they allow domesticated or non-domesticated animal to be housed in any structure that is currently posted as an unfit structure or as unsafe, unfit for human occupancy or which was ordered vacated by a City Official.

E. A person is guilty of animal neglect if they allow an animal to be left in a fully enclosed motor vehicle in extreme temperatures.

F. A person is guilty of animal neglect if they operate any motor vehicle on a public road to place or keep an animal in any portion of such vehicle that is open in such a manner so as to permit such animal to jump out of or escape the vehicle or to be thrown from the vehicle by acceleration or stopping of the vehicle or by an accident involving the vehicle. The prohibited portions of a motor vehicle shall include, but not be limited to:

1. The open bed of a truck or upon a motorcycle; or

2. The rear storage portion of a vehicle with the tailgate, truck, or hatchback portion open or down. For the purposes of this Section, the operator of a motor vehicle shall be deemed to have control of any animal found there.

G. Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived.

H. In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:

1. The care and maintenance of neglected or abandoned animals within the person's custody or ownership;

2. The disposal of any dead or diseased animals within the person's custody or ownership;

3. The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and

4. The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

Section 205.040 Female Dogs in Heat.

[Code 1980 §4-3; CC 1990 §4-3]

All female dogs shall be kept securely confined in an enclosed place during the copulating season. The Director of Public Works or his/her designated representative may confine and impound, as set out in Article III of this Chapter, all female dogs, licensed or unlicensed, not securely confined in an enclosed place during the copulating season.

Section 205.045 City Declared A Bird Sanctuary.

[Code 1980 §4-4; CC 1990 §4-4]

All lands lying within the corporate limits of the City or within such boundaries as the same may be extended from time to time are hereby designated and declared to be a bird sanctuary.

Section 205.050 Trapping, Shooting of Wild Birds Prohibited — Exception.

[Code 1980 §4-5; CC 1990 §4-5]

It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any wild bird or wild fowl or to willfully molest, disturb or destroy the nests or eggs of any wild bird or wild fowl; provided however, that if starlings, blackbirds, crows or similar wild fowl pests congregate in any particular locality within the City in such numbers as to constitute a nuisance or a menace to crops, health or property, which nuisance or menace in the opinion of the Director of Public Works should be abated, such birds may be destroyed in such manner as may be provided and directed by the Director of Public Works and under his/her supervision.

Section 205.055 Tethering For Prolonged Periods Prohibited.

[Ord. No. 7254 §1, 1-10-2006]

A. It shall be unlawful for any owner or other person controlling or possessing any animal to:

1. Leave an animal tethered, chained, tied, fastened or otherwise tethered to dog houses, trees, stakes, poles, fences, walls or any other stationary objects outdoors or indoors as a means of confinement for more than two (2) consecutive hours in any twenty-four (24) hour period.

2. Tether an animal 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.

3. Tether an animal 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.

4. Tether an animal 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.

Section 205.060 Use of Steel Traps or Similar Devices Prohibited On City Property.

[CC 1990 §4-6; Ord. No. 6055, 12-15-1997]

It shall be unlawful for any person to use on City property any steel trap or similar device which is designed to harm, mutilate or kill an animal unless authorized by the Director of Public Works.

Section 205.065 Keeping of Animals Causing Loud Noises Prohibited.

[Code 1980 §16-238; CC 1990 §16-352]

The keeping of a dog or any other animal which emits any barking or other animal noises which produce actual physical or mental discomfort to a normal person of ordinary sensibilities, tastes and habits is hereby prohibited.

Section 205.067 Adoption of Animals.

[Ord. No. 7282 §1, 3-29-2006]

A. Any person adopting an animal from the City shall have the adopted animal vaccinated against the rabies virus by a State licensed veterinarian. The adopter shall then provide documentation to the Director of Public Works that the animal has been vaccinated at which time a City pet license shall then be issued as required in Section 205.070 of the Florissant City Code. The adopter shall have thirty (30) days to have the adopted animal vaccinated and licensed.

B. Prior to release of an adopted dog, cat, puppy or kitten, the adopter shall enter into a written agreement with the City guaranteeing that sterilization will be performed on the animal by a licensed veterinarian. Proof of the sterilization of an adopted animal is the responsibility of the adopter, not the veterinarian, and such documentation shall be presented to the City.

C. An adopter that signs a sterilization agreement shall have the adopted animal sterilized within thirty (30) days of the adoption and such date shall be written on the agreement. If the sterilization completion dates stated on the agreement fall on a Saturday, Sunday or legal holiday, the deadline may be extended to the first (1st) day that is not a Saturday, Sunday or legal holiday. The City may extend the deadline for thirty (30) days on the presentation of a letter from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization. If sterilization is not possible on an adopted animal, the adopter shall submit a letter by a licensed veterinarian stating reasons why the procedure cannot be performed.

D. In the case that an animal is too young for sterilization, the sterilization date shall be the thirtieth (30th) day after the date estimated to be the date an adopted infant female or male puppy or kitten becomes six (6) months of age.