[R.O. 2005 §5-26; CC 1997 §5-26]
A.
Classifications.
1.
Any animal with the following characteristics shall be classified
as dangerous by the Police Chief:
a.
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 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.
b.
Any animal which has bitten a human being, without provocation, on
public or private property other than the property of the owner.
c.
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.
d.
Any animal which, while off the owner's property, has killed a domestic
animal, livestock or poultry without provocation.
e.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting.
f.
Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public grounds or private property,
other than that property of the owner, in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by said animal.
g.
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.
2.
If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A)(1) are in dispute, then the owner has the option of submitting, within five (5) working days, a written request to the City Manager for a hearing and possible appeal.
a.
A hearing board, consisting of the City Manager, Police Chief and
Fire Chief or their delegates, shall be convened within ten (10) working
days after receipt of a bona fide written request.
b.
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.
c.
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.
d.
The hearing board shall issue written findings within five (5) days
after the hearing. The owner or possessor of the animal found to be
dangerous shall be required to maintain the animal as herein provided
in this Code.
3.
Exemption to dangerous animal classification.
a.
With the exception of Subsection (A)(1)(a), 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.
b.
With the exception of Subsection (A)(1)(a), the Police Chief may, because of extenuating circumstances, determine from the investigation of an incident that an animal is not dangerous. 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. This, however, does not exempt the owner from being cited for other animal control ordinance violations.
c.
Animals owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
B.
Dangerous Animal, Owners' Responsibilities. The following
actions shall be required of owners of animals that have been declared
dangerous animals:
1.
Any 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 (10) days rabies quarantine in accordance with the provisions of Section 205.230 of this Code.
2.
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.
3.
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.
4.
The owner or keeper shall notify the Police 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 Police Department with the name, address and telephone
number of the new owner and, if the dog is kept within the City limits
of Ellisville, the new owner must comply with the requirements of
this Code.
5.
While on the owner's property, a dangerous animal must be securely
confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent
the animal from escaping. Such pen or structure must have minimum
dimensions of five (5) feet by ten (10) feet and must have secure
sides and top and be situated behind the building line and at least
ten (10) feet from any property line. 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. 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.
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 or keeper shall display a sign on his/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 leash not exceeding six (6)
feet in length and under the control of a responsible person. 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 or keeper of a dangerous animal shall present to the Police
Department proof that the owner or keeper has procured liability insurance
in the amount of at least one hundred thousand dollars ($100,000.00).
This policy shall contain a provision requiring the City of Ellisville
to be notified by the insurance company of any cancellation, termination
or expiration of the policy.
10.
All owners or keepers of dangerous animals must, within ten (10)
days of such declaration, provide the Police 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.
11.
It shall be unlawful for the owner or keeper of a dangerous animal
within the City of Ellisville to fail to comply with requirements
and conditions set forth in this Article. Any animal found to be in
violation of this Code is 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.
C.
Guard Dog.
1.
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
into an area which is not fenced. Guard dogs must not be used or maintained
in a manner which, as determined by the Police Chief, endangers individuals
on or off the premises guarded.
2.
Any guard dog, including law enforcement dogs, used in the City by
virtue of such use is hereby declared to be subject to the rabies
vaccination requirements of this Code.
3.
All guard dogs residing in or used as such in the City of Ellisville
must be registered annually with the Police Department.
[1]
State Law Reference—Dogs and dog food, ch. 273, RSMo.
[R.O. 2005 §5-27; CC 1997 §5-27]
A.
Prohibited. It shall be unlawful for any person owning or
possessing any dog or cat, whether vaccinated or not, to permit same
to run at large as defined under this rule.
B.
Definitions. For the purpose of this Section, "running
at large" shall be defined to be the presence of a dog or
cat at any place except upon the premises of the owner of said dog
or cat. A dog or cat shall not be considered to be running at large
if:
1.
It is in a securely fenced yard, inside a cage or building from which
it cannot escape;
2.
It is attached to a leash, rope or chain of not more than six (6)
feet held by a person that is capable of and is, in fact, controlling
the dog or cat; or
3.
It is within a vehicle from which the dog or cat cannot escape while
the vehicle is being operated, parked or stopped.
C.
Presumption. In any prosecution charging a violation of
this Section, proof that any dog or cat was running at large in violation
of this Section, together with proof that the defendant named in the
complaint was, at the time described in the complaint, the owner of
or in possession of such dog or cat, shall constitute a prima facie
presumption that such owner or possessor was the person who permitted
such dog or cat to run at large.
D.
Exceptions. This Section shall not apply to dogs or cats:
1.
While being used in hunting, field trials and dog shows while on
public land set aside for those purposes;
2.
Used for tracking in conjunction with Police activities;
3.
Of the canine corps of any Police force of the City, of any municipality
within St. Louis County, the City of St. Louis Metropolitan Police
Department, the Missouri State Highway Patrol, any Federal law enforcement
agency or any branch of the Armed Forces of the United States while
being used to conduct official business or while being used for official
purposes;
4.
Which are trained to assist persons with impaired sight, hearing
or other disability and are not running at large when accompanying
the person they are trained to assist. Full and equal access to all
public facilities and transportation shall be allowed to such dogs
or cats accompanying disabled persons.
[R.O. 2005 §5-28; CC 1997 §5-28]
All female dogs and cats shall be kept securely confined in
an enclosed place while in heat.
[1]
Cross Reference—Impoundment of dogs and cats in heat running at large, §205.080(A)(1).
[R.O. 2005 §5-29; CC 1997 §5-29]
Puppies and kittens shall be confined to their owner's premises.
[Ord. No. 3162 §1, 5-21-2014]
A.
For purposes of this Section, "foster puppies/kittens" is defined
as follows: puppies or kittens under the age of four (4) months of
age that were not born of a dog or cat kept, housed, raised or cared
for in the household.
B.
Prior to fostering puppies or kittens, residential homeowners must
file a petition of request with the City Clerk's office for Council
consideration and approval.
C.
Each residential homeowner's petition for fostering of puppies or
kittens after Council consideration and approval will be valid for
one (1) year and will require an annual renewal through the same process.
D.
Foster parents agree to comply with all regulations. Failure to comply
with all applicable regulations may result in revocation of the approval.
E.
One (1) litter of foster puppies/kittens or up to six (6) foster
puppies/kittens are allowed at a time for a period not to exceed 16
weeks in age.
H.
Written authorization of all contiguous land owners or occupants
must be provided at the time the petition of request is submitted
to the City Clerk's office for Council consideration and approval.
I.
Official documentation for all fostered animals, including, but not
limited to, vaccinations, sterilizations and general health records,
must be available upon request by the City.
J.
City officials are permitted to enter the residence where foster
puppies/kittens are legally kept at any time upon request and notice
to the petitioner.
