[CC 1990 ยงย 5-52; Ord. No. 2198 ยงย 1 (1), 9-19-2005]
A.ย The Chief of Police or his/her designated representative shall classify
any animal with the following characteristics as a dangerous animal
for purposes of this Article:
1.ย
Any animal that has inflicted a severe or fatal injury on a
human on public or private property. The term "severe injury" means
any physical injury resulting directly from an animal's bite or attack,
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.
2.ย
Any animal which has attacked or bitten a human being or domestic
animal, without provocation, on public or private property other than
the property of the owner.
3.ย
Any animal which, while on the owner's property, has attacked
or 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 or domestic animal.
4.ย
Any animal that, while off the owner's property, has killed
a domestic animal, livestock or poultry without provocation.
5.ย
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting.
6.ย
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.
7.ย
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.
[CC 1990 ยงย 5-53; Ord. No. 2198 ยงย 1(2), 9-19-2005]
Within five (5) working days after classifying an animal as a dangerous animal, the Chief of Police or his/her designated representative shall notify the animal's owner of such classification in writing. The notice shall identify the requirements and conditions for maintaining a dangerous animal as set forth in this Section and Section
205.350. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted at the owner's last known address.
[CC 1990 ยงย 5-54; Ord. No. 2198 ยงย 1(3), 9-19-2005]
A.ย If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Section
205.300 of the Article are in dispute or if the animal owner contests the classification, then the owner has the option of submitting, within five (5) working days of notice of said classification, a written request to the Chief of Police for a hearing to contest the dangerous animal classification.
1.ย
The City Administrator shall, within ten (10) working days after
receipt of a bona fide written request, designate a hearing officer
to conduct the hearing and render a decision.
2.ย
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.
3.ย
The hearing officer shall determine whether to declare the animal
to be a dangerous animal based upon evidence and testimony presented
at the time of the hearing, in addition to witnesses, animal control
personnel, police or any other person possessing information pertinent
to such determination. The hearing shall be informal and strict rules
of evidence shall not apply. The owner may be represented by counsel,
present oral and written evidence and cross-examine witnesses.
4.ย
The hearing officer shall issue a decision after the close of
the hearing and notify the owner in writing of the decision. 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.
5.ย
Any person aggrieved by the determination of the hearing officer
may appeal the decision to the Circuit Court of St. Louis County pursuant
to the provisions of Chapter 536, RSMo.; provided, however, that any
appeal must be filed with the Circuit Court within five (5) days of
the date of the hearing officer's decision.
[CC 1990 ยงย 5-55; Ord. No. 2198 ยงย 1(4), 9-19-2005]
A.ย The Chief of Police may, because of extenuating circumstances, determine
from the investigation of an incident that an animal is not dangerous.
Extenuating circumstance include, but are not limited to, 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. 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. A determination
that the animal is not dangerous does not exempt the owner from being
cited for other animal control ordinance violations.
B.ย Animals owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
C.ย Determinations that an animal is not dangerous are not binding and
upon further information or future incidents the Chief of Police may
revise his/her previous decision and declare an animal dangerous.
[CC 1990 ยงย 5-56; Ord. No. 2198 ยงย 1(5), 9-19-2005]
A.ย An animal responsible for an unprovoked severe or fatal attack shall
be humanely destroyed.
B.ย An animal responsible for a provoked severe or fatal attack should
be maintained as a dangerous animal pursuant to other provisions of
this Chapter.
[CC 1990 ยงย 5-57; Ord. No. 2198 ยงย 2, 9-19-2005]
A.ย From and after July 13, 2005, owners or keepers of an animal that
has been declared a dangerous animal may maintain the dangerous animal
only subject to the following limitations, requirements and conditions:
1.ย
Registration. Not later than August 1, 2005 or immediately upon
the acquisition of a dangerous animal thereafter, every owner or keeper
of a dangerous animal in the City shall register said animal with
the Chief of Police of the City on the dangerous animal registry.
Failure to so register shall constitute a violation of this Section.
Notice of this requirement shall be given by posting a copy of this
Section in City Hall.
2.ย
Rabies Quarantine Impoundment. Any dangerous animal which bites
or scratches a human or any animal which is determined to be dangerous
because of such biting or scratching of a human shall be impounded
for a ten-day rabies quarantine in accordance with the other provisions
of these ordinances.
3.ย
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.
4.ย
Loose, Unconfined Or Missing Dangerous Animal. 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.
5.ย
Reporting Requirements. The owner or keeper shall notify the
Police Department within twenty-four (24) hours of the following events:
a.ย
Death Or Transfer Of Ownership. If a dangerous animal has been
sold, given away or otherwise transferred in ownership or possession,
the owner or keeper shall provide the Police Department with the name,
address and telephone number of the new owner or keeper and, if the
animal is kept within the City limits of Chesterfield, the new owner
or keeper must comply with the requirements of this Chapter. If a
dangerous animal has died, the owner shall notify the Police Department
of that fact so the animal can be removed from the dangerous animal
registry.
c.ย
New Address. Should the owner or keeper move from one address
within the corporate City limits to another address within the corporate
City limits, the owner or keeper shall provide notice of the new address
where the dangerous animal is being kept.
6.ย
Confinement.
a.ย
All dangerous animals must be securely confined indoors or in
a securely enclosed and locked pen, kennel or other structure, except
when leashed and muzzled as provided herein. The pen, kennel or other
structure must be suitable to prevent the entry of young children
and designed to prevent the animal from escaping. Such pen, kennel
or other structure must have minimum dimensions of five (5) feet by
ten (10) feet and must have secure sides and secure top attached to
all sides. The pen, kennel or other structure must be locked with
a key or combination lock when dangerous animals are confined within.
The pen, kennel or other structure must have a secured bottom or floor
attached to all sides; however, 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.
b.ย
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.
c.ย
All structures erected to house dangerous animals must comply
with all zoning and building regulations of the City. All such structures
must be adequately lifted and ventilated and kept in a clean and sanitary
condition.
d.ย
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.ย
Signs. The owner or keeper shall display a sign on his/her premises
that there is a dangerous animal on the property and which bears a
symbol warning children of the presence of a dangerous animal. This
sign shall be visible and capable of being read from the roadway 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.ย
Leash And Muzzle. 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 not cause injury to the animal
or interfere with its vision or respiration but must prevent it from
biting any person or animal.
9.ย
Insurance. 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 a single incident amount of at least two hundred
thousand dollars ($200,000.00) for bodily injury to or death of any
person or persons or for damage to property owned by any persons which
may result from the ownership, keeping or maintenance of such animal
covering the twelve-month period during which licensing is sought.
An effective insurance policy with the coverage and in the amounts
specified herein must be maintained by the owner or keeper at all
times. This policy shall contain a provision requiring the City of
Chesterfield receive ten (10) days' written notice by the insurance
company prior to any cancellation, termination or expiration of the
policy.
10.ย
Photographs. All owners or keepers of dangerous animals must,
within ten (10) days of such classification, 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, distinguishing markings and approximate size of the animal.
11.ย
Compliance, Violations And Penalties.
a.ย
It shall be unlawful for the owner or keeper of a dangerous animal within the City of Chesterfield to fail to comply with requirements and conditions set forth in this Section. Any animal found to be in violation of Sections
205.300 through
205.340 or this Section 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 Section, whichever is shorter.
b.ย
In addition to any penalty as set out in this Code, the court
shall order the registration of the subject dangerous animal revoked
and the animal removed from the City. Should the defendant refuse
to remove the animal from the City, the Municipal Court Judge may
find the defendant owner in contempt and order the immediate confiscation
and impoundment of the animal. Each day that a violation of this Section
continues shall be deemed a separate offense. In addition to the foregoing
penalties, any person who violates this Section shall pay all expenses,
including shelter, food, handling, veterinary care and testimony,
necessitated by the enforcement of this Section.