[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.
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.
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.
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.