[CC 1961 §12.01; Ord. No. 2176 §1, 12-20-1976]
It shall be unlawful to keep, maintain or allow to remain upon
any one (1) lot, tract or piece of ground within the City, any sheep,
goats, hogs, cows, horses or fowl, or any animal in the equine or
bovine family excluding parrots, parakeets, canaries or any similar
small bird kept as a pet and capable of being domestically caged,
except where such animals are kept in the conduct of a commercial
enterprise or business at locations where such a business is permitted.
[CC 1961 §12.02; Ord. No. 2176 §1, 12-20-1976]
Any person legally owning, keeping or harboring within the City
any animal or fowl shall at all times keep the same within a yard,
enclosure or other place surrounded by wire netting or other fence
sufficient to prevent their escape therefrom and it shall be unlawful
to permit any such animal or fowl to run or be at large upon any public
places within the City; provided, that this Section shall not apply
to the keeping of dogs or cats.
[CC 1961 §12.02.1; Ord. No. 2038 §1, 9-16-1974; Ord. No. 4461, 5-21-2018]
It shall be unlawful for any person to keep, maintain, or allow
to remain on any one (1) lot, tract or parcel of ground within the
City more than two (2) domestic pets; two (2) dogs or two (2) cats.
[CC 1961 §12.03; Ord. No. 2038 §1, 9-16-1974; Ord. No. 4461, 5-21-2018]
Any domestic animals found running at large, or tied, staked
in or on any street, railroad right-of-way, thoroughfare or other
public place in the City shall forthwith be taken up by the Police
Department or Animal Control Unit and impounded with Saint Louis County
Animal Control.
[CC 1961 §12.04; Ord. No. 2038 §1, 9-16-1974; Ord. No. 4461, 5-21-2018]
It shall be the duty of the Police Department and/or Animal
Control Officer to make a diligent search for the owner of any animal
impounded and, when found, to notify him/ her of such impounding;
and thereupon such owner or owners may reclaim such animal from Saint
Louis County Animal Control.
[1]
Editor's Note: Former Section 205.060, Impounding of Animals
at Large — Sale of Impounded Animals — Generally —
Notice of Sale; Section 205.070, Impounding of Animals at Large —
Disposition of Proceeds — Report of Police Department; and 205.080,
Impounding of Animals at Large — Payment Required When Animals
Reclaimed., were repealed 5-21-2018 by Ord. No. 4461.
A.
A person
commits the offense of animal neglect if he or she:
1.
Has custody or ownership of an animal and fails to provide adequate
care; or
2.
Knowingly abandons an animal in any place without making provisions
for its adequate care.
3.
Avoid the spread of feces-borne diseases by cleaning yards and lawns
daily. Do not flush pet waste. Do not stockpile pet waste in yard
or on concrete surfaces.
[Ord. No. 4461, 5-21-2018]
B.
All
fines and penalties for a first finding of guilt under this Section
may be waived by the court if the person found guilty of animal neglect
shows that adequate, permanent remedies for the neglect have been
made. Reasonable costs incurred for the care and maintenance of neglected
animals may not be waived. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In
addition to any other penalty imposed by this Section 578.009, RSMo.,
the court may order a person found guilty of animal neglect to pay
all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected animals within the person's
custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
A.
A person is guilty of animal trespass if a person having ownership
or custody of an animal knowingly fails to provide adequate control
for a period equal to or exceeding twelve (12) hours.
B.
For a first conviction of animal trespass, each offense shall be
punishable by a fine not to exceed two hundred dollars ($200.00).
The second and all subsequent convictions shall be punishable by imprisonment
or a fine not to exceed five hundred dollars ($500.00), or both such
fine and imprisonment. All fines for a first conviction of animal
trespass may be waived by the court, provided that the person found
guilty of animal trespass shows that adequate, permanent remedies
for trespass have been made. Reasonable costs incurred for the care
and maintenance of trespassing animals may not be waived. This Section
shall not apply to the provisions of Section 578.007 or Sections 272.010
to 272.370, RSMo.
A.
A person
commits the offense of animal abuse if he or she:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care which results in substantial harm to the animal.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[CC 1961 §12.10; Ord. No. 2038 §1, 9-16-1974]
It shall be unlawful to sell, give or award, or offer for sale,
gift or award, any chickens, ducks, turtles or geese under one (1)
month of age.
[CC 1961 §12.11; Ord. No. 2038 §1, 9-16-1974]
It shall be unlawful to sell, give or award, or offer for sale,
gift or award, any live rabbit less than six (6) weeks of age unless
such sale, gift or award shall include the sale, gift or award of
the dam.
[CC 1961 §12.12; Ord. No. 2038 §1, 9-16-1974]
It shall be unlawful for any person in the City to permit any
dead animal to remain unburied in or upon any lot or premises owned
or occupied by him/her for a longer period than twelve (12) hours.
[CC 1961 §12.13; Ord. No. 2262 §2, 4-17-1978]
Every resident person who owns, controls, manages, possesses
or has any interest in any dog or cat kept any time within the City
during the year shall have such animals inoculated against rabies,
but such inoculation requirements shall not apply to animals less
than six (6) months of age. Such animals must be inoculated at least
once each year unless a three (3) year type vaccine, approved by the
St. Louis County Health Commissioner, is administered, in which case
the animals shall be inoculated at least once every three (3) years.
[CC 1961 §12.16; Ord. No. 2038 §1, 9-16-1974]
All female dogs shall be kept securely confined in an enclosed
place while in heat.
[CC 1961 §12.17; Ord. No. 2221 §1, 9-26-1977]
A.
The
Health Commissioner, the Chief of Police or any other qualified person
designated by either of them shall have the power to catch, confine
and impound dogs and other animals as follows:
1.
Dogs running at large or any dog not confined and/or not under the
control of its owner either by leash, cord or chain not exceeding
eight (8) feet in length and outside a fenced area.
2.
All female dogs not securely confined in an enclosed place while
in heat.
3.
All dogs or other animals affected with rabies and all dogs or other
animals suspected of being exposed to or infected with rabies, including
animals known to have been bitten by a rabid animal, whether such
dog or other animal is running at large or on a leash.
4.
Dogs with vicious propensities.
5.
Dogs impounded in accordance with this Section shall be impounded
in a place designated by and under the supervision of the Health Commissioner.
[CC 1961 §12.18; Ord. No. 2038 §1, 9-16-1974]
The Health Commissioner or a person designated by him/her or
the Animal Control Unit shall dispose of any dog or other animal affected
with rabies, and he/she shall have the power to examine and impound
any animal bitten by or exposed to any animal affected with rabies.
He/she shall have the power to require the owners of such dogs to
take necessary measures to prevent further spread of rabies, and to
dispose of any exposed animal if such necessary measures are not taken
by the owners.
[CC 1961 §12.19; Ord. No. 2038 §1, 9-16-1974]
For the protection of the residents of the City, the Chief of
Police or his/her deputies are authorized at any time herein to kill
any dog or animal running at large that is found to be rabid or is
menacing the lives or safety of the residents of the City.
[CC 1961 §12.20; Ord. No. 2221 §1, 9-26-1977]
Any dog captured and impounded as authorized by this Chapter
and determined by the Health Commissioner or Animal Control Unit not
to be affected with rabies, may be redeemed by the owner or other
persons having the right of possession of such animal upon payment
of redemption fee.
[CC 1961 §§12.20a — 12.20c; Ord. No. 2221 §1, 9-26-1977]
A.
Definition Of Offense. For the purpose of this Section the
number of offenses shall determine the amount of the redemption fee.
An offense shall apply to the owner of a dog duly caught and impounded
and shall not apply necessarily to a specific dog owned by the offender.
B.
Redemption
fees for animals wearing a current license tag shall be to the Director
of Finance as follows:
1.
First offense — $5.00 for the first (1st) day impounded. $2.00
for each additional day of impoundment.
2.
Second offense — $10.00 for the first (1st) day impounded.
$2.00 for each additional day of impoundment.
3.
Three or more offenses — $20.00 for the first (1st) day impounded.
$2.00 for each additional day of impoundment.
C.
Redemption
fees for animals not wearing a current license tag shall be paid to
the Director of Finance as follows:
1.
First offense — $10.00 for the first (1st) day and $2.00 for
each additional day impounded plus the purchase of a current license
tag.
2.
Second offense — $15.00 for the first (1st) day impounded plus
$2.00 per day for each additional day impounded plus the purchase
of a current license tag.
3.
Three or more offenses — $25.00 for the first (1st) day impounded
plus $2.00 per day for each additional day impounded plus the purchase
of a current license tag.
[CC 1961 §12.20d; Ord. No. 2221 §1, 9-26-1977]
If the captured and impounded dog is not redeemed in the manner
provided herein within five (5) days after its capture (excluding
Sundays and holidays) such animal shall be disposed of as directed
by the Health Commissioner.
[CC 1961 §12.22; Ord. No. 2038 §1, 9-16-1974]
Whenever rabies becomes prevalent within the City or nearby
areas, or whenever, in the judgment of the Mayor and Council, there
is a potential outbreak thereof, a quarantine order affecting any
portion of the City may be issued by the Mayor and Council. They shall
authorize the City Manager to take proper measures to inform the people
of the City of the existence of the quarantine order and of the penalties
for the violations of such order. A quarantine order shall direct
the owner or person having custody of any dog to securely confine
or restrain on a leash in the hands of a competent person such animal
during the period of quarantine. The quarantine may be terminated
by the Mayor and Council after the necessity therefor no longer exists.
No quarantine shall remain effective for more than six (6) months
from the date of the issuance of the quarantine order unless such
quarantine order is specifically extended by order of the Mayor and
Council.
[CC 1961 §12.23; Ord. No. 2072 §6, 5-5-1975]
It shall be unlawful for any person to conceal an animal or
interfere with the Health Commissioner or persons designated by him/her
or Animal Control Unit in the performance of their duties, as provided
in this Section. If in pursuit of a dog or animal the Health Commissioner,
or persons designated by him/her or Animal Control Unit shall have
the right of entry to any unenclosed lots or land for the purpose
of collecting any such stray, rabid animal or animal exposed to rabies,
or any animal running at large. The Health Commissioner, or his/her
duly appointed representative or Animal Control Unit, shall have the
right to require that a dog believed to be stray or rabid animal or
having been exposed to rabies during the period of quarantine, for
the purpose of examining such dog. If the person believed to have
custody of any dog believed to be a stray, rabid or exposed to rabies
shall refuse to produce such animal within any quarantine area, then
the Health Commissioner, or person designated by him/her or Animal
Control Unit shall have the right of entry on such enclosed premises.
[CC 1961 §12.25; Ord. No. 2038 §1, 9-16-1974]
It shall be the duty of any person bitten by any animal, or
the parent or guardian of any minor child bitten by an animal, to
report the same to the Police Department immediately. Such report
shall contain the name and address of the owner of the animal if known,
the day and time bitten, the bodily area where bitten, and a general
description of the animal. The Health Commissioner or Police Department
or Animal Control Unit shall immediately take such animal into custody
or have the same confined by the owner thereof for ten (10) days under
the supervision of the Health Commissioner or Animal Control Unit
to determine whether such animal be affected with rabies. If the owner
shall not confine such animal in a manner satisfactory to the Health
Commissioner or Animal Control Unit, such animal shall be forthwith
surrendered to the Health Commissioner or to a person designated by
him/her, or Animal Control Unit upon demand.
[CC 1961 §12.26; Ord. No. 2072 §7, 5-5-1975]
It shall be the duty of every physician to report immediately
to the City the full name, age and address of any person under his/her
care or observation who has been bitten by an animal affected with
rabies or suspected of being affected with rabies, and every veterinarian
treating or having under observation any animal affected with rabies
or suspected of being rabid, or suspected of having been exposed to
rabies, shall report to the City the owner's name and address.
[CC 1961 §12.27; Ord. No. 2038 §1, 9-16-1974]
Any person destroying an animal affected with rabies or suspected
of being affected with rabies shall immediately notify the Police
Department or the Heath Commissioner or Animal Control Unit, and shall
surrender the carcass of such animal upon demand. The owner or custodian
of any such destroyed animal shall immediately provide the Health
Commissioner with full particulars thereof, including the time, date,
location, the names and addresses of all persons bitten by such animal,
and also the name and address of the owner or person having custody
of any animal exposed to the animal destroyed.
[CC 1961 §12.28; Ord. No. 2038 §1, 9-16-1974]
When any fierce or dangerous dog or one that has previously
bitten any person is kept upon any premises, it shall be the duty
of the owner and of the keeper of such dog to post a notice on the
premises conspicuously visible to the public and reading in letters
not less than two (2) inches high "Bad Dog Here",
or "Beware Bad Dog". In case a minor is the keeper
or owner of such dog, the duty of posting this notice shall devolve
upon the adult person in whose family the minor lives, or who is in
charge of the premises where such dog is kept.
[CC 1961 §12.29; Ord. No. 2038 §1, 9-16-1974]
It shall be unlawful for any person or persons to keep or harbor
upon his/her premises any dog or dogs that shall be loud or frequent
or habitual in barking, yelping or howling and which cause annoyance
to the neighborhood, or at least two (2) separate property owners
or occupants.
[CC 1961 §12.30; Ord. No. 2038 §1, 9-16-1974]
It shall be unlawful for any person owning, controlling, possessing
or having the custody of any dog to allow, permit or have the dog
not confined and not under his/her control and be outside of any fenced
area.
[CC 1961 §12.31; Ord. No. 2038 §1, 9-16-1974; Ord. No. 2689 §1, 11-5-1984]
All of the Sections from 205.140 to and including Section 205.290 are applicable to cats.
[1]
Editor's Note: Former Section 205.310, Dog Kennel Business
Defined.; Section 205.320, Licensing Requirements; Section 205.330,
Maximum Number of Dogs Allowable; and 205.340, Records, Inspections,
were repealed 5-21-2018 by Ord. No. 4461.
[CC 1961 §12.36; Ord. No. 2059 §2, 2-3-1975]
All persons who have reached the age of retirement under the
National Social Security Act and who are receiving benefits thereunder
or equivalent benefits, are exempted from payment of the license fee
herein required for dogs and cats.
[CC 1961 §12.37; Ord. No. 2221 §1, 9-26-1977; Ord. No. 2909 §1, 9-21-1987]
A.
An
annual license fee is hereby imposed upon every resident person who
owns, controls, manages, possesses or has interest in any dog six
(6) months of age or older, kept at any time during the year, or upon
any resident person who permits a dog six (6) months of age or older
to come upon, on or in, and to remain in or about his/her home, place
of business or his/her premises in the area affected by this Chapter.
B.
Application
for the animal license must be submitted to the Director of Finance,
together with a certificate of inoculation against rabies signed by
a licensed veterinarian, which certificate shall have been executed
during:
1.
The previous thirty-six (36) month period if a three (3) year type
vaccine approved by the St. Louis County Health Commissioner was administered;
or
2.
During the previous twelve (12) month period for all other vaccines;
and
3.
Which certificate shall state the sex of the animal, whether or not
the dog has been spayed or neutered and the type of vaccine administered.
C.
Pet
tags for all domestic animals shall be five dollars ($5.00) each.
[Ord. No. 4461, 5-21-2018]
D.
Applications
for a dog license shall be made and the license obtained on or before
the thirty-first (31st) day of May of each year for the succeeding
twelve (12) month period. The full license fee shall be paid and collected
for part of a year. All licenses heretofore issued for the year 1987
shall from this date on expire on the thirty-first (31st) day of May,
1988.
E.
The
provisions of this Section shall not apply to owners who are non-residents
temporarily within the City or who bring dogs into the City for the
purpose of participating in a dog show; nor to the owner of a "seeing-eye" dog properly trained to assist blind persons
when such dog is actually being used and owned by the blind person
for the purpose of aiding him/her in going from place to place.
[CC 1961 §12.38; Ord. No. 2221 §1, 9-26-1977]
A.
Upon
payment of the license fee, the Director of Finance shall issue to
the owner a license certificate and a metallic tag for each dog so
licensed.
B.
Every
owner shall provide each dog with a collar to which the license tag
must be affixed and shall see that the collar and tag are worn at
all times.
C.
In
case a pet tag is lost or destroyed, a duplicate shall be issued at
a cost of five dollars ($5.00).
[Ord. No. 4461, 5-21-2018]
D.
Dog
tags shall not be transferable for one dog to another and no refund
shall be made on any dog license fee because of the death or sale
of the animal.
[CC 1961 §12.40; Ord. No. 2434 §1, 10-6-1980]
The Rabies Control Officers are hereby authorized to issue a
summons to any person violating any of the terms of this Article and
thereafter such summons shall be prosecuted as are all other violations
of the Municipal Code. In addition to the Chief of Police and the
Health Commissioner, the Health Officer and Rabies Control Officers
shall enforce all provisions of this Chapter.
[1]
Cross Reference — City of Berkeley entered into a contract
with St. Louis County for dog catching and rabies control services,
see special ord. no. 1132.
[CC 1961 §11.09; Ord. No. 1799 §1, 9-21-1970]
A.
No
person shall, within the City, permit any animal owned by him/her
or within his/her temporary control to enter or remain in any barber
shop, beauty shop, restaurant, grocery store, meat market, or other
place where food is dispensed to where the presence of an animal would
be detrimental to the public health.
B.
Keeping Of Animals In The City. No person shall keep or
harbor within the City of Berkeley, Missouri, any cow, horse or any
animal in the equine or bovine family, or any mule, goat, lamb, or
sheep in any residential area.
[Ord. No. 2262 §1, 4-17-1978]
All persons violating any of the provisions of this Article shall be punished as set forth in Section 100.070 "general penalty" and subparagraphs thereof of the Municipal Code of the City of Berkeley, Missouri.
[Ord. No. 3661 §§1 —
7, 8-1-2005]
A.
Control Of Animals. It is unlawful for the owner of any
animal to cause, permit or allow such animal to roam, run, stray or
to be away from the premises of such owner unless the animal is under
tethered control.
B.
Removing Fecal Matter. It is unlawful for the owner or handler
of any animal to fail to remove fecal matter deposited by their animal
on public property or public easement or private property of another,
before the owner leaves the immediate area where the fecal matter
was deposited.
C.
Possession Of Removal Equipment. It is unlawful for the
owner or handler of any animal to fail to have in their possession
the equipment necessary to remove their animal's fecal matter when
accompanied by said animal on public property or public easement or
private property of another.
D.
Set Aside Areas. The above prohibitions shall not extend
to areas set aside and designated by the City as areas where animals
can be off-leash for exercise or training.
E.
Violation — Penalty. Any person violating this Section
is guilty of a misdemeanor and upon conviction shall be punished:
1.
By a fine of not less than twenty dollars ($20.00) or more than fifty
dollars ($50.00) for the first (1st) offense; or
2.
For the second (2nd) and subsequent offenses occurring within one
(1) year, a fine of not less than thirty dollars ($30.00) or more
than one hundred dollars ($100.00).
|
|
The minimum fines provided for by this Section are mandatory
minimums and shall not be either suspended or deferred except in cases
in which the court determines that the defendant is indigent and unable
to pay any fine.
|
F.
Severability. If any Section, Subsection, paragraph, sentence,
clause or phrase of this Article is declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the
remaining portions of this Article.
G.
For Accumulation Of Waste On Property. It is unlawful for
an owner to allow the accumulation of animal feces in any open area,
run, cage or yard wherein animals are kept and to fail to remove or
dispose of feces to avoid offensive odors or unsanitary conditions
creating a nuisance as determined by the Council of the City of Berkeley.
It is unlawful for an owner to allow pet waste to be deposited or
cause unsanitary conditions resulting from pet waste on an adjacent
property through stormwater runoff or washing off areas where animals
are kept.
H.
For Accumulation Of Manure. No organic material, furnishing
food or a breeding place for flies will be allowed to accumulate on
the premises. Manure shall not be allowed to accumulate and must be
cleaned up on a regular basis sufficient to maintain a sanitary condition
satisfactory to the Council of the City of Berkeley.
[Ord. No. 3075 §1, 8-7-1989]
A.
Any
animal with the following characteristics shall be classified as dangerous
by the Police Chief.
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 stitches or
hospitalization. The victim receiving severe injuries as defined above,
must provide the Police Chief with a signed physicians'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.
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 killed 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 apparent
attitude of attack, 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.
B.
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, a written request to the City Manager for a hearing and possible appeal.
1.
A hearing board, consisting of the City Manager, the Police Chief
and Fire Chief, or their delegates, shall be convened within ten (10)
working days after receipt of a bona fide written request.
2.
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.
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.
4.
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.
C.
Exemptions To Dangerous Animal Classification.
1.
With the exception of Subsection (A)(1), 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.
With the exception of Subsection (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.
3.
Animals owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
[Ord. No. 3075 §1, 8-7-1989]
A.
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) day rabies quarantine in accordance with the provisions of Section 205.240 of this Chapter.
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
that the animal can readily be identified as a dangerous animal.
3.
The owner or keeper shall notify the Police Department immediately
if the 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 Berkeley, 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. 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 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),
covering the twelve (12) month period during which licensing is sought.
This policy shall contain a provision requiring the City of Berkeley
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 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 Berkeley to fail to comply with requirements and
conditions set forth in this Chapter. 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.
[Ord. No. 3075 §1, 8-7-1979]
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 unless such dog is 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 any manner which, as determined
by the Police Chief, endanger the 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.
C.
All
guard dogs residing in or used as such in the City of Berkeley must
be registered annually with the Police Department.
[Ord. No. 3427 §§12.41
— 12.46, 11-3-1997]
A.
Any
person legally owning, keeping or harboring within the City any dog
shall at all times keep the same confined within an enclosed yard,
cage, kennel, or other place surrounded by a fence with an enclosed
ceiling or top or which shall be sufficiently high and strong to prevent
its escape therefrom. A fence shall be deemed sufficiently high if
it is twice the length of the dog from outstretched front paws to
outstretched hind paws, and shall be sufficiently strong if it is
capable of bearing the weight of the dog without bending or breaking.
B.
It
shall be unlawful to permit any dog to run or be at large upon any
public places within the City. A dog may, however, be walked by its
owner or keeper at large or outside of a secured fence or enclosure
provided that said dog shall at all times be secured by a kennel or
cage or by a leash, cord or chain, not exceeding eight (8) feet in
length and sufficiently strong so as to not break from the weight
or pressure of the dog pulling against said leash, cord or chain.
Furthermore, said cord, leash or chain shall be at all times controlled
by a person weighing not less than twice the weight of the of the
dog or by a fence or post or other object sufficiently strong and
secure so as to prevent escape therefrom or the breaking thereof.
C.
When
any fierce or dangerous dog or dog with vicious propensities or dog
that has threatened to bite or previously bitten any person or any
dog that viciously, continuously or regularly howls, barks, snarls,
growls, intimidates, threatens, assaults, annoys or yelps at persons,
or a dog that weighs one hundred (100) pounds or more is kept upon
any premises, it shall be the duty of the owner or keeper thereof
to at all times maintain complete and continuous control over said
dog by keeping said dog securely confined within a safe, secure enclosure,
surrounded on all sides, including the top thereof as otherwise provided
in this Section.
D.
Any
person or persons that keeps or harbors upon his/her premises, any
dog that shall be loud or frequent or habitual in barking, yelping,
howling, snarling, growling, threatening, menacing, intimidating,
assaulting or annoying his/her neighbors or passers by shall be required
to confine said dog within a privacy fence that prevents the dog from
seeing persons, neighbors or passers by on the other side of said
fence.
E.
No
person may own or keep a dog within the City except that said person
shall maintain liability insurance in the sum of twenty-five thousand
dollars ($25,000.00) covering any damages that may have been sustained
by any person or persons that may be bitten by said dog.
F.
Any
person found guilty of willfully or intentionally violating any provisions
of this Section shall, upon conviction, be imprisoned for not less
than one (1) day not more than six (6) months or shall be fined a
sum of not less than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00) or by both such fine and imprisonment.
[Ord. No. 3646 §§1 —
2, 2-7-2005]
A.
Certain Dogs Prohibited. The following dogs may not be kept
within the City of Berkeley, Missouri:
1.
Any "pit bull dog" being defined to mean:
a.
The bull terrier breed of dog;
b.
The Staffordshire bull terrier breed of dog;
c.
The American pit bull terrier breed of dog;
d.
The American Staffordshire breed of dog;
e.
Dogs of mixed breed or other breeds than above listed, which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terrier;
or
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.
2.
Rottweiler breed, including dogs of mixed breed and any dog which
has the appearance and characteristics of being predominately of the
Rottweiler breed.
B.
Punishment. The owner or keeper of any of the above defined
dogs found within the City limits of the City of Berkeley may be punished
by a fine of up to one thousand dollars ($1,000.00) and may be jailed
for up to ninety (90) days or both. Additionally, the dog or dogs
shall be immediately confiscated by the Animal Control Officer of
the City. If a violation of this Section continues, each day's violation
shall be deemed a separate violation.
