[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.