[CC 1984 §13.031; Ord. No. 267, 7-17-1984; Ord. No. 320, 12-22-1987; Ord. No. 2025-09, 7-9-2025]
A. 
Definitions.
1. 
Explanation Of Terminology. Words used in the present tense include the future tense. The singular number includes the plural, and the plural is singular. The word "shall," or the word "must" be mandatory and not discretionary.
2. 
Definitions. As used in this Chapter, Sections 205.100 the following terms shall have these prescribed meanings:
ANIMALS
(1) 
Any warm-blooded, carnivorous, or omnivorous, wild, or exotic animals, (including, but not limited to, non-human primates, raccoon, skunks, foxes, and wild and exotic cats; but excluding ferrets and small rodents of varieties used for laboratory purposes).
(2) 
Any animal having poisonous bites.
(3) 
Dangerous dog.
ATTACK
Aggressive physical contact.
DANGEROUS DOG
Any dog that without justification attacks a person or domestic animal causing physical injury or death or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one (1) or more persons or domestic animals. No dog may be declared dangerous:
(1) 
If the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.
(2) 
If at the time the person was committing a crime or offense upon the property of the owner, or custodian, of the dog.
(3) 
If the person was teasing, tormenting, abusing, or assaulting the dog, or in the past had teased, tormented, abused, or assaulted the dog.
(4) 
If the dog was attacked or menaced by the domestic animal, or the domestic animal was on the property of the owner or custodian of the dog.
(5) 
If the dog was responding to pain or injury, or protecting itself, its kennels or its offspring.
(6) 
If the person or domestic animal was disturbing the dog's natural functions such as sleeping or eating.
(7) 
If the dog was in official use by any governmental unit; and/or
(8) 
Neither growling nor barking, nor both, shall alone constitute grounds upon which to find a dog to be dangerous.
HEARING OFFICER
The Mayor or his/her designee (other than a Police Officer) shall serve as the Hearing Officer.
SERIOUS INJURY
Any physical injury consisting of broken bones, a permanently disfiguring laceration requiring either multiple stitches, or cosmetic surgery or significant medical treatment for physical or mental injury in which medical bills of one thousand dollars ($1,000.00) or more are incurred.
B. 
Keeping Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the City limits of the City of Weatherby Lake, Missouri:
1. 
Any animal as defined above in Section 205.100(A).
2. 
Any animal having poisonous bites.
3. 
Any dangerous dog in non-compliance with the conditions imposed by the Hearing Officer and if appealed affirmed by the Board of Aldermen.
C. 
Determination Of A Dangerous Dog — Hearing Procedure.
1. 
Any person may make a complaint about an alleged dangerous dog, as that term is defined herein, to a Law Enforcement Officer. Such officers shall immediately inform the complainant of the right to commence the proceeding provided for below, and if there is reason to believe the dog is a dangerous dog, the officer may commence such proceeding on behalf of the City.
2. 
Under oath or affirmation of an alleged dangerous dog, any person may make a complaint of an alleged dangerous dog present in the City as that term is defined herein on forms provided by the City. If upon review of the complaint the Hearing Officer determines that there is probable cause to believe the dog is a dangerous dog, the dog shall be immediately seized and held pending an administrative determination as herein provided.
3. 
Any person may, and any Police Officer shall, make a complaint under oath or affirmation of an alleged dangerous dog as that term is defined herein on forms provided by the City for instances which are witnessed. If after review of the complaint, Hearing Officer determines that there is probable cause to believe the dog is a dangerous dog, the dog shall be immediately seized and held pending an administrative determination as herein provided.
4. 
Whether or not the Hearing Officer finds there is probable cause for such seizure, within ten (10) business days, and upon written notice of not less than three (3) calendar days to the owner of the dog, a hearing shall be held on the complaint before the Hearing Officer.
5. 
After hearing, where a dog is determined by the Hearing Officer or designee to be a dangerous dog pursuant to clear and convincing evidence, the owner of such animal shall register the animal with the City, including the owner(s) names, addresses and telephone numbers and provide prompt notification to the City of any changes in the residence or ownership of the dog, including names, addresses and telephone numbers for new residences or new owners; any change in the health status of the animal; any further instances of attack; any claims made or lawsuits brought as a result of any instances of attack; or the death of the animal and abide by all conditions of this Section and the conditions applied by the Hearing Officer pursuant to Subsection (C)(7).
6. 
After a hearing, where a dog is determined by the Hearing Officer to be dangerous, the animal shall at all times wear a fluorescent orange collar.
7. 
The Hearing Officer may also order any one (1) or all the following, but Subsections (C)(7)(f), (g), (h) and (k) of this Section, or any one (1) of them, may only be imposed where there has been serious injury to a person:
a. 
Indoors, when not alone, the dog shall be under the control of a person eighteen (18) years of age or older.
b. 
Indoors and unattended, the dog shall be kept in a location in the house from which the dog cannot escape or permit the dog to reach its mouth outside the house.
c. 
Outdoors, on the owner's property the dog shall be attended and kept on the owner's property either on a lease or within a fenced area from which it cannot escape, and the fence shall be constructed so as not to permit the dog to reach its mouth through the fence.
d. 
While not on the owner's property, the dog shall be attended to and muzzled. Such a muzzle shall not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
e. 
Outdoors and unattended, the dog must be confined to an escape-proof kennel or structure of the following descriptions:
(1) 
Such a kennel or structure shall allow the dog to stand normally and without restriction and shall be at least two and one-half (2.5) times the length of the dog and shall protect the dog from the elements.
(2) 
Fencing materials shall not have openings with a diameter of more than two (2) inches, and in the case of wooden fences, the gaps shall not be more than two (2) inches.
(3) 
Any gates within such kennel or structure shall be lockable and of such design as to prevent the entry of children or the escape of the animal, and when the dog is confined to such kennel or structure and unattended, such locks shall be kept locked.
(4) 
The kennel or structure may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects.
(5) 
Any such kennel shall be located at least twenty (20) feet from the property line.
f. 
Placement of a sign or signs of a description and in places directed by the Hearing Officer advising the public of the presence and tendencies of the dog.
g. 
Attendance by the dog and its owner/custodian at training sessions conducted by a board-certified veterinarian or other recognized expert in the field and completion of training or any other treatment as deemed appropriate by such expert. The owners of the dog shall be responsible for all costs associated with the evaluation and training ordered under this Section.
h. 
Neutering or spaying of the dog at the owner's expense, unless medically contra-indicated as determined by a board-certified veterinarian, chosen by the Hearing Officer unless the owner offers proof that the animal is registered with the American Kennel Club and removes the dog from the City limits.
i. 
That the dog be microchipped.
j. 
The procurement of liability insurance in an amount to be determined by the judge, but in no case in an amount of less than one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence with proof of insurance provided to the City.
k. 
The dog to be permanently removed from the City limits.
8. 
A final decision of the Hearing Officer regarding a dangerous dog may be appealed to the Board of Aldermen within twenty (20) days of said decision on forms provided by the City.
D. 
Penalty. Each day that the owner fails to comply with the terms of this Section and the final determination of the Hearing Officer is a separate offense.
[CC 1984 §13.040; Ord. No. 267, 7-17-1984; Ord. No. 462, 12-20-1994]
A. 
Confinement. It shall be unlawful for any person owning, keeping or in charge of any vicious or rabid animal to keep such animal except securely confined indoors or in a securely enclosed locked pen or kennel and except when such animal is leashed or muzzled as hereinafter provided. It shall further be unlawful for any person to fail to restrain or muzzle any vicious or rabid animal. It shall be unlawful for any person keeping any vicious animal or any animal affected with rabies or bitten by or otherwise substantially exposed to any animal affected with rabies to:
1. 
Fail to immediately impound and confine the animal (unless transporting the animal to a licensed veterinarian) for at least fifteen (15) days following the vicious act or exposure to rabies;
2. 
Fail to immediately notify the Animal Control Officer or the City Police Department of the impoundment, give the reason therefor and provide any further information as may be required;
3. 
Fail to surrender such animal for quarantine upon order of the Animal Control Officer or Police Department, which quarantine shall be at the owner's expense. Any animal quarantined under the provision of this Subsection shall be kept fifteen (15) days unless prior to the expiration of the said fifteen (15) day period a licensed veterinarian certifies the animal to be free from rabies. In the event the owner or keeper of the quarantined animal does not claim the animal upon termination of the quarantine or executes a "relinquishment of ownership" form, the animal may be turned over to the Humane Society or a similar type organization;
4. 
Kill any animal which is vicious or has been exposed to rabies without obtaining permission from the Animal Control Officer or the Police Department except when necessary to prevent such animal from escaping or attacking any other animal or person;
5. 
Fail to surrender the carcass of an animal which is vicious or has been exposed to rabies which dies or is killed to the Animal Control Officer or the Police Department, upon demand;
6. 
Confine a vicious or rabid animal in a pen or kennel or other structure which:
a. 
Does not have secured sides and a secure top attached to the side;
b. 
Does not have a secure bottom or floor attached to the sides or the sides imbedded in the ground no less than two (2) feet;
c. 
Is not locked with a key or combination lock at all times when the animal is within the pen or kennel or other structure;
d. 
Was not erected in compliance with all zoning and building regulations of the City which said zoning and building regulations shall be interpreted to provide the application of the most strict applicable standards in the event of any inconsistencies; or
e. 
Is not adequately lighted, ventilated and maintained in a clean and sanitary condition;
7. 
Allow or permit a vicious animal to:
a. 
Be outside its pen or kennel unless such animal is securely leashed with a leash no longer than four (4) feet in length;
b. 
Be outside its pen or kennel on a chain, rope or other type of leash unless the owner or some other person is in physical control of the leash;
c. 
Be leashed to an inanimate object such as a tree, post, building, etc.; and
d. 
Be on a leash outside its pen or kennel without being muzzled by a muzzling device sufficient to keep it from biting a person or other animal;
8. 
Keep or confine a vicious animal:
a. 
On a porch or patio or in any part or portion of a house or other structure from which the animal can exit on its own volition; and
b. 
In a house or other structure when a window(s) or exterior door(s) is open or when a window screen(s) or screen door(s) is the only obstacle preventing the animal from exiting the house or other structure;
9. 
Fail to place a sign on the street side(s) of his/her premises which is easily readable by the public using the words "Beware of Dog";
10. 
Fail to affix a sign to the pen or kennel which is easily readable by any person approaching within ten (10) feet of the pen or kennel using the words "Beware of Dog";
11. 
Fail to provide the City Clerk with two (2) color photographs of the vicious animal depicting its color and approximate size;
12. 
Fail to report to the City Clerk, in writing and within ten (10) days of incident, the death or permanent removal of the vicious animal from the City limits;
13. 
Fail to report to the City Clerk, in writing and within ten (10) days of the date of the move, the new address of the owner or keeper of the vicious animal should he/she move to another residence within the City limits; and
14. 
Give, sell or transfer ownership or possession of a vicious animal to any person residing within the City limits unless the recipient person resides permanently in the same household and on the same premises as the transferor.
B. 
Insurance. All owners, keepers or harborers of vicious animals must within ten (10) days of the effective date of this Chapter provide proof to the Weatherby Lake City Clerk of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any person or 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 Weatherby Lake City Clerk.
[CC 1984 §16.265; Ord. No. 267, 7-17-1984; Ord. No. 2019-17, 11-13-2019]
A. 
Animals prohibited by Section 205.100 shall be immediately removed from the City.
B. 
For animals, other than those already prohibited in Section 205.100, the owning, keeping or harboring of dangerous animals within the City is hereby prohibited.
1. 
The Chief of Police or his/her designee shall have the authority to declare an animal dangerous because of past behavior, violations of this Code, or the dangerous nature of the animal as to persons.
2. 
In the event of such declaration, the Chief of Police or his/her designee shall deliver, by hand delivery or mailing by regular mail to the address at which the animal is typically found, a notice to the owner, keeper or harborer of such animal declaring that the animal has been declared to be dangerous and that the animal must be immediately removed from the City, unless within ten (10) days from the date on such notice, the owner, keeper or harborer of such animal files a written request for an appeal of the declaration with the City Clerk; such appeal to be heard by the Board of Alderpersons at a regular or specially called meeting. The appellant shall be entitled to at least five (5) days' notice of the hearing on such appeal. Notice shall be as otherwise provided herein above.
C. 
That a declaration under Subsection (B) above shall be grounds for the impoundment of the animal if the threat of injury by such animal is deemed by the Chief of Police or his/her designee to be imminent unless, without danger to the public, it can be and is removed from the City within forty-eight (48) hours. Any appeal as set forth in Subsection (B) hereof shall not stop impoundment or removal from the City of such animal under this Section.
D. 
Any owner, keeper or harborer of an animal shall be responsible for all impoundment or other fees incurred by the City unless the Board of Alderpersons finds the animal not to be dangerous as set forth herein.