[Ord. No. 1084, 6-20-2022]
[R.O. 1993 § 240.010; Ord. No.
206 § 1, 3-23-1971]
Every person who owns, controls, manages, possesses, or has
part interest in any dog or cat kept any time during the year within
the City of Bel-Nor, or who permits a dog or cat to come upon, on
or in and to remain in or about his/her home, place of business or
other premises within the City of Bel-Nor shall be required to make
application for and obtain an annual license for each such dog or
cat on or before April 1 of each year.
[R.O. 1993 § 240.020; Ord. No.
206 § 2, 3-23-1971]
The application for a license for a dog or cat as required by Section 205.010 shall state the name and address of the owner of such animal, the animal's age, sex, color and species and the number and place of issuance of any previous license obtained for such animal. The City Clerk shall furnish application forms for such purpose. Such forms shall be signed by the applicant. Separate applications shall be made for each animal.
[R.O. 1993 § 240.030; Ord. No.
206 § 3, 3-23-71; Ord.
No. 546 § 1, 2-27-1995]
The City Clerk shall issue a dog or cat license to any person
upon proper application for which there shall be charged a fee of
five dollars ($5.00) for each dog or cat, provided that no such license
shall be issued unless such applicant shall produce a certificate
from a competent licensed veterinarian that such dog or cat has been
inoculated against hydrophobia or rabies.
[R.O. 1993 § 240.040; Ord. No.
206 § 4, 3-23-1971; Ord. No. 487, 4-19-1993]
The City Clerk shall have prepared dog and cat license plates
made of metal or other suitable material to be issued to any applicant
securing such license. Such license plate shall be securely fastened
on the collar or harness of the dog or cat for which the license is
issued and shall be worn at all times. Any owner of a dog or cat who
suffers the loss of his/her dog or cat license plate shall report
such loss promptly to the licensing official and exhibit the original
license at which time he/she shall be issued a new license plate.
[R.O. 1993 § 240.045; Ord. No.
555 § 1, 4-17-1995]
It shall be unlawful for any person to keep, maintain or allow
to remain on any lot, tract or parcel of land within the City a cumulative
total of more than four (4) dogs, cats or other animals, except where
specifically permitted in association with operation of a kennel or
veterinary practice if such activities are otherwise allowed by the
zoning regulations of the City.[1] Provided, however, the offspring of animals lawfully kept
on property within the City may be kept until such offspring attain
the age of two (2) months.
[Ord. No. 1084, 6-20-2022]
A.
All such structures enumerated above must be inspected and approved by the City Building Inspector. The Building Inspector, in reviewing the application or request for permission to erect a dog kennel, pen or dog run for not more than four (4) dogs (Section 205.050) which are two (2) months old or older, shall take into account at least the following information:
1.
Size of premises on which the kennel or confinement area is proposed
to be located in the rear backyard.
2.
The fencing type, material and height, shall comply with fence regulations as amended in Section 520.070.
3.
Size of enclosure(s): Ten (10) feet long and thirty-six (36) inches
wide for dogs up to forty-five (45) pounds, and at least forty-eight
(48) inches wide for dogs over forty-five (45) pounds.
4.
Landscaping and other visual and noise barriers (screening).
B.
Run
Or Enclosure Location.
1.
Landscaping and other visual and noise barriers (screening):
Fence runs or enclosures for the dogs shall be closed so that
the dogs cannot run at-large and shall be visually screened from the
general public and from the direction of the neighboring residences.
Such screening shall be a permanent wood or fabric screening in combination
with the fence material or may be composed of evergreen planting,
adjacent to the fence enclosure.
2.
Any dog waste shall be removed each day from the kennel area and
shelter and shall be stored on the premises in a sealed container
which is located a minimum of fifty (50) feet from any residence and/or
water supply until such time as it can be properly disposed of in
accordance with health and sanitation regulations.
3.
The fenced enclosure shall be kept clean and in a sanitary condition,
free of excrement, and when provided, shall be large enough to accommodate
the number of dogs licensed for the premises without crowding.
4.
A site plan and building permit is required for the kennel/enclosure
or pen, to include the following:
C.
Barking
Or Howling Dogs A Nuisance. A dog that barks or howls to such an extent
that the noise disturbs any neighbor residing nearby by reason of
excessive sound or unusual hours is hereby declared a nuisance. The
owner or keeper of a dog that barks or howls in violation hereof shall,
upon complaint of any person, upon verification of the Police Officer
or appropriate City officer, be personally served with a notice, in
writing, by the authorized City officer directing said owner or keeper
to take whatever steps are necessary to stop said nuisance within
three (3) days of the date of service of said notice. Continuance
of said nuisance thereafter shall constitute a violation of this Section
and shall be filed in Municipal Court as a peace disturbance.
[R.O. 1993 § 240.050; Ord. No.
206 § 5, 3-23-1971]
No dog or cat shall be allowed to run at large in the City of Bel-Nor and it shall be the duty of every person described in Section 205.010 to keep and confine every dog and cat described therein upon his/her premises except when such dog or cat is kept on a secure leash eight (8) feet long or less and in the charge of some competent person of the age of twelve (12) years or over.
[R.O. 1993 § 240.055; Ord. No.
603 § 1, 7-15-1996; Ord. No. 791 § 2, 8-24-2005]
A.
It shall be unlawful for the owner or handler of any animal to fail
to remove fecal matter deposited by his/her 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.
B.
It shall be unlawful for an owner to allow the accumulation of animal
feces or manure in any open area, run, cage or yard wherein animals
are kept and to fail to remove or dispose of feces or manure at least
once every twenty-four (24) hours.
C.
Possession Of Removal Equipment. It shall be 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.
Penalty. Any person found guilty of violating this Section shall
be guilty of an ordinance violation and upon conviction shall be punished:
1.
By a fine of not less than twenty dollars ($20.00) nor more
than fifty dollars ($50.00) for the first offense; or
2.
For the second and subsequent offenses occurring within one
(1) year, a fine of not less than thirty dollars ($30.00) nor more
than one hundred dollars ($100.00).
3.
The minimum fines provided for by this Section are mandatory
minimums and shall not be suspended or deferred except in cases in
which the court determines that the defendant is indigent and unable
to pay any fine.
[R.O. 1993 § 240.060; Ord. No.
206 §§ 6-10, 3-23-1971; Ord. No. 487, 4-19-1993]
A.
It shall be the duty of the City Police Officers and the Chief of
Police, or such other persons as may be authorized by him/her from
time to time, to pick up and impound any dog or cat running at large
within the City of Bel-Nor. Any person so authorized shall have the
right to enter upon private property in order to do so. Nothing herein
contained shall be construed to prohibit the Chief of Police or other
persons authorized by him/her from permitting the owner or keeper
from picking up and securing any dog or cat running at large.
B.
The Chief of Police is empowered to contract with St. Louis County
or any other public or private agencies to carry out the provisions
of this Article respecting picking up and impounding of dogs and cats,
either within or without the City limits.
C.
If a licensed dog or cat is picked up and impounded, a member of
the household where such dog is kept, if known, shall be promptly
notified.
D.
Dogs and cats which have been impounded may be redeemed by the owners
or keepers thereof on payment of all charges for keeping and boarding
such animal. No dog or cat shall be so redeemed unless a current license
has been issued therefor. Dogs or cats not redeemed after a period
of one (1) week may be destroyed or otherwise disposed of by the person
or agency by or at which such dog or cat is impounded.
E.
If it appears to any authorized person that a dog or cat running
at large cannot be picked up and impounded without risk of harm to
such officer or other persons thereabout, such dog or cat may be destroyed
forthwith.
[R.O. 1993 § 240.070; Ord. No.
206 § 11, 3-23-1971; Ord. No. 487, 4-19-1993]
It shall be the duty of every person owning or keeping a dog
or cat within the City that has allegedly bitten any person to confine
and securely keep such dog or cat isolated from other pets or human
beings upon such person's premises or elsewhere during the period
of incubation for rabies and to report to the Chief of Police from
time to time any information requested by him/her as to the condition
of such dog or cat.
[R.O. 1993 § 240.075; Ord. No.
554 § 1, 4-17-1995]
A.
DANGEROUS ANIMALS
a.
b.
c.
d.
e.
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
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.
Any animal which, without provocation, has attacked or bitten
a human being or domestic animal.
Any animal owned or harbored primarily or in part for the purpose
of fighting, or any animal trained for fighting.
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.
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 dog, which shall be defined
as any Staffordshire bull terrier breed of dog; and/or any American
pit bull terrier breed of 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/her
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/her 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 impounded 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 of the Board of Aldermen 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
April 18, 1995, 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 April 18, 1995, 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.[1] 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. In addition to any penalty which may be imposed upon any person violating or permitting any violation of this Section pursuant to Section 100.220 of 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.
K.
Authority For Additional Relief. In addition to any other provisions
or penalties established for violations of this Section of the Code,
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 and recovery of attorney fees and
expenses incurred by the City, as the facts may warrant.
