[Ord. No. 970,
§ 5, 8-7-1975]
It shall be unlawful for any person owning, controlling, possessing,
or having the management or care in whole or in part of any dog or
cat to permit such dog or cat to run at large or to go off the premises
of the owner or keeper thereof unless such dog or cat is securely
tied and led by a line or leash not exceeding five (5) feet in length,
so as to effectively prevent the dog or cat from biting, scratching,
molesting, being with, or approaching any other animal or any person.
[Ord. No. 970,
§ 6, 8-7-1975; Ord. No. 1874 § 1, 2-15-2001]
It shall be the duty of the health commissioner or chief of
police, or any other person designated by them, to take up and impound
in a suitable place all dogs or cats found within the city without
a license as provided in this article or all dogs or cats which may
be found running or being at large or off the premises of the owner
or keeper contrary to the provisions of this article. All dogs or
cats taken up and impounded because of any violation of this article
may be redeemed by the owner or person entitled to the possession
thereof by paying the sum of two dollars ($2.00) to the city or any
agent or organization who may be designated by the city as keeper
of such compound, provided, however, that no such dog or cat shall
be released until it is inoculated as herein provided and the license
fee paid and the license securely fastened about the dog's or
cat's neck as provided by this article; and provided, further,
that no person shall have the right of redemption unless done within
three (3) days after the dog's or cat's impounding.
[Ord. No. 970,
§ 7, 8-7-1975; Ord. No. 1874 § 1, 2-15-2001]
The health commissioner may order the destruction of any stray
dog or cat or other dog or cat running at large if such dog or cat
is unable to be captured after all reasonable efforts thereto have
been made, and it shall be the duty of the chief of police to execute
such order.
[Ord. No. 970,
§ 15, 8-7-1975]
It shall be unlawful for any person to keep, maintain or allow
to remain on any one (1) lot, tract or parcel of land within the city
not more than two (2) dogs, cats, or other animals except where especially
permitted by the zoning ordinance of the city; excluding, however,
the litter of such animals under the age of two (2) months; except
that three (3) of any such animals may be kept until one of same passes
if such person already had three (3) such animals as of August 7,
1975.
[Ord. No. 970,
§§ 13, 14, 8-7-1975]
(a)
Those provisions of this article relating to licensing and rabies
inoculations shall not apply to dogs or cats under two (2) months
of age.
(b)
Any owner or keeper of a dog or cat kennel, hospital, or other establishment
wherein he treats, raises, or trains dogs or cats shall be bound by
the provisions of this article; provided, however, that it shall not
be necessary to secure a license from this city for any dog or cat
belonging to a non-resident of the city if such dog or cat has been
legally and duly licensed under the ordinances of any other municipality
or the county.
[Ord. No. 970,
§ 16, 8-7-1975]
Any person violating any of the provisions of this article,
or any person who interferes with, obstructs, or prevents any official
or employee of the city in the performance of his duties hereunder
shall, upon conviction thereof, be subject to a fine not exceeding
the sum of three hundred dollars ($300.00) or imprisonment in the
city jail not exceeding a period of thirty (30) days, or to both such
fine and imprisonment.
[Ord. No. 1497, § 1, 10-3-1991]
(a)
Definitions. As used in this section, "dangerous
animals" is defined to mean:
(1)
Any animal with the known propensity, tendency or disposition to
attack without provocation, to cause injury, or to otherwise threaten
the safety of human beings or domestic animals; or
(2)
Any animal which, without provocation, has attacked or bitten a human
being or domestic animal; or
(3)
Any animal owned or harbored primarily or in part for the purpose
of fighting, or any animal trained for fighting; or
(4)
Any animal which, without provocation, chases or approaches a person
upon the streets, sidewalks, or any public or private property in
a menacing fashion or apparent attitude of attack.
(5)
In addition, in any administrative or judicial proceeding relating
to the provisions of this section, there shall be a rebuttable presumption
that any of the following are dangerous animals and may only be owned
or maintained within the city in strict compliance with all provisions
of this section: Any bull terrier breed of a dog, which shall be defined
as any Staffordshire bull terrier breed of a dog, and/or any American
pit bull terrier breed of a dog; and/or any American Staffordshire
terrier breed of dog; and/or any mixed breed of dog which contains,
as an element of its breeding, genetic components of the aforementioned
bull terrier breed of dog; and/or any dog which has the appearance
and characteristics and is known by the owner to be predominantly
of the breeds of the bull terriers, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier; and/or any other
breed commonly known as pit bulls, pit bull dogs or pit bull terriers;
or a combination of any of these breeds.
(b)
Prohibition; exceptions. It shall be unlawful for any person to own, harbor or have the care or custody of a dangerous animal within the corporate limits of the city, unless said dangerous animal is licensed and registered by the owner with the city as provided herein and is in strict compliance with the limitations, standards, requirements and conditions set forth in subsection (f) of this section.
(c)
Declaring an animal dangerous. If the chief of police
or his designated representative has cause to believe that an animal
is dangerous, the chief or designated representative may find and
declare that the animal is a dangerous animal and therefore subject
to the terms and restrictions of this section.
(d)
Notice of declaring an animal dangerous. After declaring
an animal dangerous, the chief of police or his designated representative
shall notify the animal's owner in writing of the declaration.
The notice shall identify the requirements and conditions for maintaining
a dangerous animal as set forth in this section. If the owner cannot
be located, the animal may be immediately impound-ed and notice shall
be posted on the owner's last known address.
(e)
Hearing on dangerous animal declaration.
(1)
The owner of an animal declared dangerous shall have the right to
file, within five (5) days after receiving notice, a written request
with the chief of police for a hearing to contest the dangerous animal
declaration. The mayor shall designate a hearing officer to conduct
the hearing and render a decision.
(2)
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.
(3)
The hearing officer shall issue a decision after the close of the
hearing and notify the owner in writing of the decision.
(4)
If the hearing officer upholds the dangerous animal declaration,
the owner shall comply with all of the requirements and conditions
for maintaining a dangerous animal as set forth in this section.
(5)
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.
(f)
Registration: Conditions required to keep. From
and after October 3, 1991, the owner of a dangerous animal may maintain
a dangerous animal only subject to the following limitations, requirements
and conditions:
(1)
Registration. Within ten (10) days of October 3,
1991, or the acquisition of a dangerous animal, every keeper or owner
of a dangerous animal in the city shall register said animal with
the city clerk 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)
Leash and muzzle. No person shall permit a dangerous
animal to go outside its kennel or pen unless such animal is securely
leashed with a leash no longer than four (4) feet in length with a
minimum tensile strength of three hundred (300) pounds. No person
shall permit a dangerous animal 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 and animal. Such animal may not be leashed to
objects such as trees, posts, buildings, etc. In addition, all dangerous
animals on a leash outside the animal's kennel must be muzzled
by a muzzling device sufficient to prevent such animal from biting
persons or other animals. The muzzle must not cause injury to the
dangerous animal or interfere with its vision or respiration, but
must prevent the dangerous animal from biting any human or animal.
(3)
Confinement. All dangerous animals shall be securely confined indoors (see below) or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. The pen, kennel or structure must be suitable to prevent the entry of young children and designed to prevent the dangerous animal from escaping. Such pen, kennel or structure must have secure sides and a secure top attached to the sides and must have minimum dimensions of five (5) feet by ten (10) feet. All structures used to confine dangerous animals 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, if the structure has no bottom secured to the sides, the sides of the pen must be embedded in the ground no less than one (1) foot. All structures erected to house dangerous animals must comply with all zoning and building regulations of the city including, but not limited to, section 5-54(c) of this Code of Ordinances. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. The structure, when occupied by a dangerous animal, shall not be occupied by any other animal. If the dangerous animal is a female with offspring under two (2) months of age, the offspring may occupy the same enclosure as the mother. 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.
(4)
Signs. All owners, keepers or harborers of dangerous
animals within the city shall display in a prominent place on their
premises a sign reading in letters not less than two (2) inches high
"Beware of Dangerous Animal" and easily readable by the public. The
owner shall also display a sign with a symbol warning children of
the presence of a dangerous animal. 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 dangerous
animals must provide proof to the city clerk of public liability insurance
in a single incident amount of not less than one hundred thousand
dollars ($100,000.00) 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.
An effective insurance policy with the coverage and in the amounts
specified herein must be maintained by the owner, keeper or harborer
at all times. Such insurance policy shall provide that no cancellation,
termination or expiration of the policy will be made unless ten (10)
days' written notice is first given to the city clerk of the
city.
(6)
Photographs. All owners, keepers or harborers of
dangerous animals must provide to the office of the city clerk two
(2) color photographs, in two (2) different positions, clearly showing
the color, markings and approximate size of the animal.
(7)
Reporting requirements. All owners, keepers or harborers
of dangerous animals must, within ten (10) days of any of the following
incidents, report said information in writing to the city clerk:
(8)
Loose, unconfined or missing dangerous animal. The
owner, keeper or harborer shall notify the police department immediately
if a dangerous animal becomes loose, unconfined or missing, has attacked
another animal, or has attacked a human being.
(g)
Sale or transfer of ownership. No person shall sell,
barter, or in any other way dispose of a dangerous animal to any person
within the city; provided that the owner of a dangerous animal may
sell or otherwise dispose of an animal or the offspring of such animal
to persons who do not reside within the city.
(h)
Offspring of dangerous animals. All offspring born
of dangerous animals within the city must be removed from the city
within two (2) months of their birth.
(i)
Failure to comply. It shall be unlawful for the
owner, keeper or harborer of a dangerous animal within the city to
fail to comply with the limitations, requirements and conditions set
forth in this section. Any animal found to be the subject of a violation
of this section shall be subject to revocation of the license and/or
registration of the animal and immediate seizure and impoundment.
The owner shall be required to take necessary action to dispose of
such dangerous animal and the city clerk is further authorized to
dispose of such dangerous animal if necessary action is not taken
by the owner.
(j)
Violations and penalties. Any person violating or permitting the violation of any provision of this section shall, upon conviction in municipal court, be punished as provided in section 1-10 of this Code of Ordinances. In addition, 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.
(k)
Authority for additional relief. In addition to
any other provisions or penalties established for violations of this
section of the Code of Ordinances, the chief of police of the city
may, after approval by the board of aldermen, apply to a court of
competent jurisdiction for such legal or equitable relief as may be
necessary to enforce compliance with the provisions of this section.
In such action, the court may grant such legal or equitable relief,
including, but not limited to, mandatory or prohibitory injunctive
relief, as the facts may warrant.
