[Code 1980 §4-16; CC 1990 §4-91; Ord. No. 5823, 3-18-1996; Ord. No. 7902 §1, 8-14-2012]
A.
It shall be the duty of any person owning or having custody of any animal or fowl, including domestic animals required by permit per Section 205.360, to keep such animal(s) or fowl on the premises of such owner or custodian. The owner or custodian of any animal or fowl found running at large off of the premises of such owner or custodian, upon their conviction, shall be fined for the first (1st) offense within a twelve (12) month period a minimum sum of twenty-five dollars ($25.00), for the second (2nd) offense within a twelve (12) month period a minimum sum of fifty dollars ($50.00), for the third (3rd) offense within a twelve (12) month period a minimum sum of seventy-five ($75.00), for the fourth (4th) offense within a twelve (12) month period a minimum sum of one hundred dollars ($100.00) and for the fifth (5th) or any subsequent offense within a twelve (12) month period a minimum sum of five hundred dollars ($500.00). If a period of without an offense then one (1) year passes, the next offense would be considered a first (1st) offense with a twenty-five dollar ($25.00) minimum fine.
B.
An
animal loose on its owner's property must be accompanied by the owner
or another responsible adult to whose commands the animal will respond
and be able to demonstrate that the animal can be verbally restrained
on its own property regardless of the incentive that might cause it
to leave the property. The responsible adult must also be able to
stop the animal from running at, charging or otherwise causing pedestrians,
other dog walkers, bike riders or passing vehicles to fear the animal
will leave the property regardless of the reason or incentive. No
animal will be allowed outside unaccompanied by a responsible adult
on its owner's property unless it is physically restrained behind
a visible fence or by a chain, cable, rope or other material that
is substantial enough to restrain the animal.
C.
An
electronic containment system commonly known as the Invisible Fence®
is allowed to be used as a restraint system for animals. This system
is permitted on any lot or paved area so long as it does not extend
beyond the front building line and if all maintenance requirements
to keep the Invisible Fence® in good working condition are met.
On occasion, depending on location, sign(s) may be necessary to indicate
that the animal on the property is restrained by an Invisible Fence®.
Sign(s) will be determined by the Health Department and shall be no
smaller than six (6) inches by eight (8) inches but no more than four
(4) square feet.
[Code 1980 §4-18; CC 1990 §4-92]
The provisions of Section 205.240 shall not apply to the owner or custodian of a dog being used by a public agency of the City or other governmental body while such dog is engaged in law enforcement activities under the supervision of its owner, custodian or keeper.
[Code 1980 § 4-17; CC 1990 §4-93; Ord. No. 5166, 8-27-1990; Ord. No. 6053, 12-15-1997; Ord. No. 8303 § 1, 3-13-2017]
A.
Any animal with all or any of the following characteristics may be
classified as dangerous by the Director of Public Works.
1.
Any animal which has inflicted a severe or fatal injury on a
human being 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 extensive physician
care. The victim receiving severe injuries, as defined above, must
provide the Director of Public Works with a signed physician's
statement documenting the injury and the treatment qualifying such
a severe injury or sign an authorization for the release of such statement.
However, no animal may be declared dangerous 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.
Any animal which has bitten a human being, 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 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.
4.
Any animal which, while off the owner's property, has inflicted
a severe or fatal injury on 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 in
an apparent attitude of attack, or causes a reasonable person immediate
fear of personal harm or injury, regardless of whether or not a person
is injured by said animal.
7.
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.
8.
The Health Department and Police Department must both prepare
reports documenting the details surrounding any incident when an animal
inflicts a severe or fatal injury.
B.
No animal owned by governmental or Law Enforcement Agencies when
being used in the services of those agencies, as determined by the
Director of Public Works may be declared to be a dangerous animal.
C.
If the Director of Public Works finds and declares that an animal is dangerous, the owner shall be provided with written notice of this declaration. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted on the owner's last known address. Further, if the circumstances surrounding the classification as a "dangerous animal" under any of the definitions listing in Subsection (A) are in dispute, then the owner has the option of submitting, within five (5) working days of receipt of notice of declaration, a written request to the Director of Public Works for a hearing as follows:
1.
A hearing board, consisting of the Director of Public Works
and Health Supervisor or their designees, shall be convened within
five (5) working days after receipt of a written request.
2.
The hearing shall be informal and strict rules of evidence shall
not apply.
3.
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, at the sole discretion of the Director of Public Works, be on
the owner's premises, at the Florissant animal shelter or with
a licensed veterinarian at the owner's expense.
4.
The hearing board shall determine whether to declare the animal
to be a "dangerous animal" based upon evidence and testimony presented
at the time of the hearing by the owner, in addition to witnesses,
animal control personnel, Police or any other person possessing information
pertinent to such determination. The decision of the hearing board
must be unanimous in order to declare the animal to be a "dangerous
animal."
5.
The hearing board shall issue and provide its findings to the owner within five (5) days after the hearing. In addition, the owner shall be notified of the requirements as imposed pursuant to Section 205.270 and shall advise the owner that the owner has the right to appeal under the Administrative Procedure Act. The dangerous animal may be subject to impoundment as provided for in this Code or, alternatively, 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.
[Code 1980 § 4-19; CC 1990 § 4-94; Ord. No. 6053, 12-15-1997; Ord. No. 7255 § 1, 1-10-2006; Ord. No. 8303 § 1, 3-13-2017]
A.
The owner of an animal that has been declared a "dangerous animal"
shall be subject to such requirements as may be imposed by the Director
of Public Works or the hearing board through written notification
to the owner, including, but not limited to, the following:
1.
A dangerous animal which bites or scratches a human being or any animal which is determined to be dangerous because of such biting or scratching of a human being shall be impounded for a ten-day rabies quarantine in accordance with the provisions of Section 205.210 of this Code.
2.
A dangerous animal may be required to wear at all times a brightly
colored orange collar with large brightly colored metal tag attached
to the collar so that the animal can readily be identified as a dangerous
animal.
3.
The owner shall notify both the Health Department and Police
Department immediately if a dangerous animal is loose, unconfined
or missing, has attacked another animal or has attacked a human being.
4.
The owner shall notify the Health Department within twenty-four
(24) hours if a dangerous animal has died or has been sold or given
away. If the animal has been sold or given away, the owner or keeper
shall provide the Health Department with the name, address and telephone
number of the new owner and, if the dog is kept within the City limits
of Florissant, the new owner must comply with the requirements of
the Code.
5.
While on the owner's property, a dangerous animal must
be securely confined indoors or in a securely enclosed and locked
exterior pen or structure suitable to prevent the entry of young children
and designed to prevent the animal from escaping. Such pen or structure
preferably made of chain link fencing must have minimum dimensions
of five (5) feet wide by ten (10) feet long and five (5) feet tall
and must have secure sides and a secured enclosed top. If it has no
concrete/asphalt/paver bottom-then the sides must be embedded in the
ground no less than twelve (12) inches. The enclosure must also provide
water and protection from the elements for the animal. 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.
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The exterior pen or structure must not be located closer than
ten (10) feet from any property or fence line nor closer than twenty
(20) feet from a neighboring residential house.
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A dangerous animal may be out of its pen only in the presence
of a responsible adult eighteen (18) years of age or older and within
a completely enclosed area with a fence constructed in such manner
as to prevent the animal from jumping over or through or crawling
under such fence.
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6.
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.
The owner shall display a sign on his or her premises that there
is a dangerous animal on the property. 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 kennel or pen or fenced yard of such
animal.
8.
A dangerous animal may be off the owner's premises if it
is muzzled and restrained by a substantial chain or non-retractable
leash not exceeding four (4) feet in length and under the control
of a responsible adult eighteen (18) years of age or older. The muzzle
must be made in a manner that will not cause injury to the animal
or interfere with its vision or respiration but must prevent it from
biting any person or animal.
9.
The owner of a dangerous animal must present to the Health Department
proof that the owner or keeper has procured 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 for damage
to property owned by any persons which may result from the ownership,
keeping or maintenance of such animal. Such insurance policy shall
provide that no cancellation of the policy will be made unless ten
(10) days written notice is first given to the Director of Public
works.
10.
All owners of dangerous animals must, within ten (10) days of
such declaration, register the animal with the Health Department and
pay the annual registration fee of one hundred dollars ($100.00).
Further the owner must provide the Health 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
and approximate size of the animal and any distinguishing marks or
physical characteristics.
11.
All owners of dangerous animals must have their animal microchipped
for permanent identification and provide the Health Department with
the microchip number.
12.
All owners of dangerous animals must have their animal spayed
or neutered within fourteen (14) days of declarations.
13.
The City of Florissant Health Department and Police Department
shall have the authority to do random checks and six (6) month checks
of all dangerous animals, their location, their pen or structure,
their owners, their neighbors, and current insurance policies.
B.
The owner of a dangerous animal shall comply with the requirements
imposed by the Director of Public Works within fourteen (14) calendar
days following the notification to the owner.
C.
It shall be unlawful for the owner of a dangerous animal within the City of Florissant to fail to comply with requirements and conditions set forth in this Chapter and shall be subject to the penalties prescribed under Section 100.080 of the Code of Ordinances. Any animal found to be in violation of this Code 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 Code, whichever is shorter, and shall be responsible for all kennel fees for the impoundment.
[CC 1990 §4-95]
A.
The
Director of Public Works may order the impoundment and may order the
destruction of a dangerous animal where:
1.
The dangerous animal has inflicted a severe or fatal injury on a
human being;
2.
The owner of the dangerous animal has failed to comply with the responsibilities and conditions for keeping a dangerous animal as set forth in Section 205.270;
3.
The dangerous animal continually poses a serious threat to the health,
safety and welfare of the general public.
B.
Within
three (3) days of an impoundment, the Director of Public Works or
his/her designee shall give written notification to the owner of the
animal of the impoundment.
C.
The owner of an impounded animal shall be entitled to a hearing as set forth in Section 205.260 of this Code. After considering all of the relevant evidence, the Director of Public Works or hearing board may order the destruction of the dangerous animal or may release the animal to its owner subject to compliance with the requirements for keeping a dangerous animal as set forth in Section 205.270 of this Code.
D.
In
the event the Director of Public Works or hearing board orders the
destruction of the dangerous animal, such destruction shall not occur
earlier than three (3) business days following the date on which the
owner receives the declaration and findings from the Director of Public
Works or the hearing board.
[CC 1990 §4-95; Ord. No. 6053, 12-15-1997]
A.
No
person shall own, keep, harbor, maintain or allow to be upon any premises
occupied by him/her or under his/her charge or control any guard dog
without such dog being confined behind a fence from which it cannot
escape. No guard dog may be kept in any part of a house or structure
when the windows are open or when screen windows or screen doors are
the only obstacle preventing the dog from exiting the structure. Guard
dogs must not be used or maintained in a manner which, as determined
by the Director of Public Works, endangers individuals on or off the
premises guarded.
B.
Any
guard dog, including law enforcement dogs, used in the City by virtue
of such use is hereby declared to be subject to the license and rabies
vaccination requirements of this Code.
[Code 1980 §4-25; CC 1990 §4-106]
A.
The
Director of Public Works shall have the power to take or have taken
and impounded by delivery to the animal pound of the City any animal
or fowl running at large in the City. Upon receipt of such animal
or fowl at the animal pound, a record shall be made of the time, date
and place of capture, the species, if known, a description of such
animal or fowl and, if the animal is of such type as is licensed under
the ordinances of the City, the name and address of the owner and
the number of the license. A copy of such report shall be forwarded
to the Department of Police promptly.
B.
If
the owner of such impounded animal or fowl is or becomes known, a
prosecution for violation of this Chapter shall be instituted in the
Municipal Court against such owner. In addition, if the owner of such
animal or fowl is known, notice of the impoundment shall be sent to
such owner at his/her last known address. If the address of the owner
of such animal or fowl is not known, notice of the impoundment shall
be posted at the City's animal pound, which such notice shall describe
the animal or fowl and the time, date and place of its capture.
[Code 1980 §4-27; CC 1990 §4-108; Ord. No. 5423, 11-23-1992]
A.
Any
owner or custodian who redeems an animal or fowl from the City's animal
pound shall pay a redemption fee in the amount of ten dollars ($10.00)
for the first (1st) day and five dollars ($5.00) every day thereafter
that such animal or fowl was kept at such pound.
B.
Any
owner or custodian of an animal impounded on Saturday or Sunday and
wishing to redeem such animal on Saturday or Sunday may do so upon
application to the Police dispatcher and payment of the redemption
charge. Persons other than owners or custodians of impounded animals
may not redeem such animals on Saturdays or Sundays.
[Code 1980 §4-28; CC 1990 §4-109]
A.
Any
animal or fowl impounded under this Article and not redeemed by its
owner or custodian within a period of one (1) week from the date of
receipt of notice by the owner thereof or from the posting of notice
in the event the owner is not known may be disposed of by the City
in the manner prescribed by the Director of Public Works.
B.
Any person not the owner or custodian of an impounded animal or fowl wishing to redeem such animal or fowl may apply for its redemption by adoption, which application shall be filed within one (1) week from the mailing of notice to the owner of such animal or fowl or the posting of such notice as provided by Subsection (A). If the animal or fowl has not been redeemed by its owner or custodian within such one (1) week period, such animal or fowl may be adopted upon payment by the applicant for adoption of such license fee as is established by the ordinances of the City. Adoption shall be granted according to the order in which the application is received under rules prescribed by the Director of Public Works. Such rules shall prescribe a form of application for adoption, which application shall include a form of release and indemnification running to the City, its agents and employees for its action or failure of action in connection with the impounding, keeping or redeeming of such animal or fowl. The form of release and indemnity shall be approved by the City Attorney.
[Code 1980 §4-29; CC 1990 §4-110]
The Director of Public Works is hereby authorized and directed
to enter into any necessary agreements with the owner of a farm, transporting
company, the County or other necessary agencies to carry out the terms
of this Division. The City Clerk is hereby authorized to affix thereto
the Seal of the City.
[Code 1980 §4-30; CC 1990 §4-111]
The Director of Public Works or any Police Officer who may attempt
to capture an animal or fowl but cannot do so without unusual risk
or harm to the officer or other persons thereabout is hereby authorized
to destroy the animal or fowl.
