[CC 1984 §13.031; Ord. No. 267, 7-17-1984; Ord. No.
320, 12-22-1987]
A.
Animals — 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 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 fowl, ferrets and small
rodents of varieties used for laboratory purposes).
2.
Any animal having poisonous bites.
3.
Any pit bull dog; provided that pit bull dogs registered with the City on the date of publication of this Chapter may be kept within the City subject to the standards and requirements set forth in Subsection (B) of this Section. "Pit bull dog" is defined to
mean:
a.
The bull terrier breed of dog;
b.
Staffordshire bull terrier breed of dog;
c.
The American pit bull terrier breed of dog;
d.
The American Staffordshire terrier breed of dog;
e.
Dogs of mixed breed or of other breeds than above listed which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
f.
Any dog which has the appearance and characteristics of being predominantly
of the breeds of bull terrier, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier, any other breed
commonly known as pit bulls, pit bull dogs or pit bull terriers; or
a combination of any of these breeds.
B.
Keeping Of Registered Pit Bulls.
The provisions of Subsection (A) of this Section are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Weatherby Lake on the effective date of this Chapter. The keeping of such dogs shall, however, be subject to the following standards:
1.
Leash and muzzle. No person shall permit a registered
pit bull dog to go outside its kennel or pen unless such dog is securely
leashed with a leash no longer than four (4) feet in length. No person
shall permit a pit bull dog to be kept on a chain, rope or other type
of leash outside its kennel or pen unless a person is in physical
control of the leash. Such dogs may not be leased to inanimate objects
such as trees, posts, buildings, etc. In addition, all pit bull dogs
on a leash outside the animal's kennel must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
2.
Confinement. All registered pit bull dogs shall
be securely confined indoors or in a securely enclosed and locked
pen or kennel, except when leashed and muzzled as above provided.
Such pen, kennel or structure must have secure sides and a secure
top attached to the sides. All structures used to confine registered
pit bull dogs must be locked with a key or combination lock when such
animals are within the structure. Such structure must have a secure
bottom or floor attached to the sides of the pen or the sides of the
pen must be embedded in the ground no less than two (2) feet. All
structures erected to house pit bulls dogs must comply with all zoning
and building regulations of the City. All such structures must be
adequately lighted and ventilated and kept in a clean and sanitary
condition.
3.
Confinement indoors. No pit bull dogs may be kept
on a porch, patio or in any part of a house or structure that would
allow the dog 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 dog from exiting the structure.
4.
Signs. All owners, keepers or harborers of registered
pit bull dogs within the City shall within ten (10) days of the effective
date of this Chapter display in a prominent place on their premises
a sign easily readable by the public using the words "Beware of Dog".
In addition, a similar sign is required to be posted on the kennel
or pen of such animal.
5.
Insurance. All owners, keepers or harborers of registered
pit bull dogs 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.
6.
Identification photographs. All owners, keepers
or harborers of registered pit bull dogs must within ten (10) days
of the effective date of this Chapter provide to the City Clerk two
(2) color photographs of the registered animal clearly showing the
color and approximate size of the animal.
7.
Reporting requirements. All owners, keepers or harborers
of registered pit bull dogs must, within ten (10) days of the incident,
report the following information in writing to the Weatherby Lake
City Clerk as required hereinafter:
8.
Sale or transfer of ownership prohibited. Sale —
no person shall sell, barter or in any other way dispose of a pit
bull dog registered with the City to any person within the City unless
the recipient person resides permanently in the same household and
on the same premises as the registered owner of such dog; provided
that the registered owner of a pit bull dog may sell or otherwise
dispose of a registered dog or the offspring of such dog to persons
who do not reside within the City.
9.
Animals born of registered dogs. All offspring born
of pit bull dogs registered within the City must be removed from the
City within six (6) weeks of the birth of such animal.
10.
Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by Subsection (A) of this Section is in fact a dog subject to the requirements of this Section.
11.
Failure to comply. It shall be unlawful for the
owners, keeper or harborer of a pit bull dog registered with the City
of Weatherby Lake to fail to comply with the requirements and conditions
set forth in this Chapter. Any dog found to be the subject of a violation
of this Chapter shall be subject to immediate seizure and impoundment.
In addition, failure to comply will result in the revocation of the
license of such animal resulting in the immediate removal of the animal
from the City.
[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]
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.
[CC 1984 §16.270; Ord. No. 267, 7-17-1984]
The owner or keeper of any dog or other domestic animal that
has bitten any person shall confine the dog or domestic animal for
a period of at least ten (10) days.
