City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents
Article I General Provisions

Section 205.010 Keeping Animals or Fowl Under Certain Conditions Unlawful.

Section 205.020 Running at Large Generally.

Section 205.030 Keeping More Than Two Animals Under Certain Conditions Unlawful.

Section 205.040 Impounding of Animals at Large — Generally.

Section 205.050 Impounding of Animals at Large — Notice of and Redemption of Animals Impounded Generally.

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.

Section 205.080 Impounding of Animals at Large — Payment Required When Animals Reclaimed.

Section 205.090 Animal Neglect or Abandonment.

Section 205.095 Animal Trespass.

Section 205.100 Animal Abuse — Penalties.

Section 205.110 Sale, Gift, Etc., of Certain Domestic Fowl.

Section 205.120 Sale, Gift, Etc., of Rabbits Under Six Weeks Old Under Certain Conditions.

Section 205.130 Dead Animals.

Section 205.140 Inoculation Required.

Section 205.150 Female Dogs in Heat.

Section 205.160 Impounding Dogs.

Section 205.170 Examination, Disposal, Etc., of Rabid Animals.

Section 205.180 Destruction of Animals.

Section 205.190 Redemption of Non-Rabid Dogs.

Section 205.200 Redemption Fees — Offense Defined.

Section 205.210 Animal Not Redeemed.

Section 205.220 Quarantine Order.

Section 205.230 Interfering, Etc., With Health Commissioner, Etc., Right of Entry of Health Commissioner, Etc.

Section 205.240 Animal Bites — Report by Person Bitten, Etc. — Confinement of Animal.

Section 205.250 Animal Bites — Report by Physician — Report of Rabid, Etc., Animals by Veterinarian.

Section 205.260 Report, Etc., of Rabid Animals Destroyed.

Section 205.270 Bad Dog Notice.

Section 205.280 Barking and Menacing Dogs.

Section 205.290 Dogs Running at Large.

Section 205.300 Regulation of Cats.

Section 205.310 Dog Kennel Business Defined.

Section 205.320 Licensing Requirements.

Section 205.330 Maximum Number of Dogs Allowable.

Section 205.340 Records, Inspections.

Section 205.350 License Fee Exemptions.

Section 205.360 License and Regulations.

Section 205.370 Tag and Collar.

Section 205.380 Issuance of Summons.

Section 205.390 Animals in Public Places.

Section 205.400 Penalty.

Section 205.405 Control Requirements on Owners of Any Animal.

Article II Dangerous Animals

Section 205.410 Dangerous Animals.

Section 205.420 Dangerous Animals, Owner's Responsibilities.

Section 205.430 Guard Dogs.

Section 205.440 Additional Provisions Concerning Dangerous Dogs.

Section 205.450 Certain Dogs Prohibited Within City — Penalty.

Section 205.010 Keeping Animals or Fowl Under Certain Conditions Unlawful.

[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.

Section 205.020 Running at Large Generally.

[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.

Section 205.030 Keeping More Than Two Animals Under Certain Conditions Unlawful.

[CC 1961 §12.02.1; Ord. No. 2038 §1, 9-16-1974]
A. 
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) dogs or more than two (2) cats or more than two (2) monkeys; it shall further be unlawful for more than one (1) such adult per dwelling unit in multiple-family buildings of three (3) units or more; excluding, however, the young of a litter under three (3) months of age, and further excluding where such animals are kept in the conduct of a commercial enterprise or business at locations where such a business is permitted and duly licensed.
B. 
The Council, by special permit, may grant a variance under such regulations and restrictions as to the Council seems advisable and reasonable to permit a person to keep or maintain more than two (2) of any of the animals listed above, without conforming to Section 205.310 to Section 205.340 inclusive. An application shall be made to the Council setting forth the reasons for such variance and the Council may act upon such application and take such action as the Council may deem advisable. Provided however, before any approval is granted to any person he/she shall secure written permission from all property owners or residents within a distance of one hundred fifty (150) feet from said property on which an application has been filed. The variance shall expire upon the death of the said dog or dogs to which it applied.

Section 205.040 Impounding of Animals at Large — Generally.

[CC 1961 §12.03; Ord. No. 2038 §1, 9-16-1974]
Any cattle, hogs, horses, mules, sheep, goats or other domestic animals found running at large, or tied, staked or pastured 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 in some secure place to be provided by him/her.

Section 205.050 Impounding of Animals at Large — Notice of and Redemption of Animals Impounded Generally.

[CC 1961 §12.04; Ord. No. 2038 §1, 9-16-1974]
It shall be the duty of the Police Department to make diligent search for the owner of any animal impounded pursuant to the preceding Section and, when found, to notify him/her of such impounding; and thereupon such owner or owners may appear at any time before such animal is sold as provided in the following Section and reclaim such animal upon payment to the Finance Department of the expenses and penalties fixed and prescribed by Section 205.080.

Section 205.060 Impounding of Animals at Large — Sale of Impounded Animals — Generally — Notice of Sale.

[CC 1961 §12.05; Ord. No. 2038 §1, 9-16-1974]
It shall be the duty of the Police Department to sell for cash at public sale to the highest bidder all impounded animals not reclaimed by the owner after having first given three (3) days' notice of the time and place of the sale and of the property to be sold and the cause therefor by written or printed handbills posted in at least two (2) public places in each of the wards of the City. Every such sale shall pass title to the purchaser of the animal so sold and purchased and such purchaser shall be entitled to and receive from the Police Department, a certificate of purchase.

Section 205.070 Impounding of Animals at Large — Disposition of Proceeds — Report of Police Department.

[CC 1961 §12.06; Ord. No. 2038 §1, 9-16-1974]
The Police Department shall file with the Director of Finance a written statement, signed and acknowledged by him/her, setting out the amount received at the sale of any animal pursuant to Section 205.060, together with the itemized costs and expenses of the taking, impounding, keeping and feeding of such animal, the amount of penalties as provided by Section 205.080, and the cost of the notice and sale, and shall pay from the proceeds of the sale to any person entitled thereto any claims on account thereof, and shall turn into the City Treasury the balance remaining, which shall be the balance shown on such statement. The owners of such animal on proper proof shall at any time thereafter be reimbursed for the amount so paid to the City, less penalties and expenses herein.

Section 205.080 Impounding of Animals at Large — Payment Required When Animals Reclaimed.

[CC 1961 §12.07; Ord. No. 2038 §1, 9-16-1974; Ord. No. 3513 §1, 12-18-2000]
The owner of any impounded animal shall, before being allowed to reclaim such animal prior to sale thereof, pay to the Director of Finance all expenses of taking, impounding and keeping up to the time of reclaiming as certified by the Police Department and shall also pay a fee of twenty-five dollars ($25.00) for the first (1st) impoundment, fifty dollars ($50.00) for the second (2nd) and one hundred dollars ($100.00) for any impoundment thereafter for each dog, horse, mule, cow, pig, sheep or goat so impounded.

Section 205.090 Animal Neglect or Abandonment.

A. 
A person is guilty of animal neglect if he/she has custody or ownership or both of an animal and fails to provide adequate care or adequate control which results in substantial harm to the animal.
B. 
A person is guilty of animal abandonment if he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
C. 
Animal neglect or animal abandonment are ordinance violations. For a first (1st) offense of either violation, a term of imprisonment not to exceed fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second (2nd) or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days, or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first (1st) conviction of animal neglect or animal abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned 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.
D. 
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
1. 
The care and maintenance of neglected or abandoned 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 or abandonment; and
4. 
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.

Section 205.095 Animal Trespass.

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.

Section 205.100 Animal Abuse — Penalties. [1]

A. 
A person is guilty of animal abuse if a person:
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.

Section 205.110 Sale, Gift, Etc., of Certain Domestic Fowl.

[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.

Section 205.120 Sale, Gift, Etc., of Rabbits Under Six Weeks Old Under Certain Conditions.

[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.

Section 205.130 Dead Animals.

[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.

Section 205.140 Inoculation Required.

[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.

Section 205.150 Female Dogs in Heat.

[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.

Section 205.160 Impounding Dogs.

[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.

Section 205.170 Examination, Disposal, Etc., of Rabid Animals.

[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.

Section 205.180 Destruction of Animals.

[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.

Section 205.190 Redemption of Non-Rabid Dogs.

[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.

Section 205.200 Redemption Fees — Offense Defined.

[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.

Section 205.210 Animal Not Redeemed.

[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.

Section 205.220 Quarantine Order.

[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.

Section 205.230 Interfering, Etc., With Health Commissioner, Etc., Right of Entry of Health Commissioner, Etc.

[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.

Section 205.240 Animal Bites — Report by Person Bitten, Etc. — Confinement of Animal.

[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.

Section 205.250 Animal Bites — Report by Physician — Report of Rabid, Etc., Animals by Veterinarian.

[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.

Section 205.260 Report, Etc., of Rabid Animals Destroyed.

[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.

Section 205.270 Bad Dog Notice.

[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.

Section 205.280 Barking and Menacing Dogs.

[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.

Section 205.290 Dogs Running at Large.

[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.

Section 205.300 Regulation of Cats.

[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.

Section 205.310 Dog Kennel Business Defined.

[CC 1961 §12.32; Ord. No. 2038 §1, 9-16-1974]
Every person, family, firm, corporation or association which owns, boards, controls, manages, keeps or possesses three (3) or more dogs over the age of six (6) months, whether for pleasure, profit, breeding or exhibiting, shall, for the purpose of this Chapter be deemed to be the operator of a dog kennel business.

Section 205.320 Licensing Requirements.

[CC 1961 §12.33; Ord. No. 2038 §1, 9-16-1974]
A. 
It shall be unlawful for any person, family, firm, corporation or association to operate a dog kennel business within the City of Berkeley without procuring a license therefor and paying a license fee as hereinafter prescribed.
B. 
Upon application in writing by the person, family, firm, corporation or association seeking the same, a license to conduct a dog kennel as herein provided may be issued by the City Council. Such application shall set forth specifically the location of the proposed kennel and a full description of the buildings or other facilities to be provided for taking care of the dogs therein and such other pertinent information concerning the proposed facilities and operation as will enable the Council properly to ascertain whether the conduct of such business will constitute a hazard to the health and welfare of the community, and whether the proposed operation will substantially comply with the minimum standards established by the Humane Society of Missouri or Animal Protective Association for the keeping and care of dogs. No such license shall be issued for the conduct of a dog kennel in a location where forbidden by other ordinances of the City. Upon compliance with said requirements and upon payment of a fee of fifty dollars ($50.00) a license to conduct a dog kennel may be issued. Thereafter such license may be renewed upon the payment of an annual license fee of fifty dollars ($50.00) on the first (1st) day of February of each year. The application and license fee herein provided shall be in addition to the license and fee requirements regulating and controlling dogs.
C. 
All licenses so granted for the conduct of a dog kennel shall not be transferable and may be revoked by the City Council at any time if it shall appear to the City Council that said kennel is so conducted as to constitute a menace to the health of the community or the peace and quiet of the neighborhood. No license shall be revoked except after notice to the owner and a hearing thereon.

Section 205.330 Maximum Number of Dogs Allowable.

[CC 1961 §12.34; Ord. No. 2038 §1, 9-16-1974]
The maximum number of dogs which may be kept in any such kennel shall not at any time exceed twenty-five (25) over the age of six (6) months.

Section 205.340 Records, Inspections.

[CC 1961 §12.35; Ord. No. 2038 §1, 9-16-1974]
Every owner or operator of a dog kennel shall at all times keep an accurate record of the number, age, breed, color and general description of all dogs kept therein, which records shall be subject to the inspection by Police and health officials of the City; and by acceptance of a license to conduct such dog kennel, the owner agrees to permit periodic inspection at reasonable times of the premises upon which such kennel is conducted by Police or health officials of the City.

Section 205.350 License Fee Exemptions.

[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.

Section 205.360 License and Regulations.

[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. 
A license fee shall be paid as follows:
1. 
Two dollars ($2.00) for each unspayed or unneutered dog.
2. 
One dollar ($1.00) for each spayed or neutered dog.
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.

Section 205.370 Tag and Collar.

[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 dog tag is lost or destroyed, a duplicate shall be issued at a cost of twenty-five cents ($0.25) by the Director of Finance upon presentation of a receipt showing payment of the license fee for the current year.
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.

Section 205.380 Issuance of Summons. [1]

[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.

Section 205.390 Animals in Public Places.

[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.

Section 205.400 Penalty.

[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.

Section 205.405 Control Requirements on Owners of Any Animal.

[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.

Section 205.410 Dangerous Animals.

[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.
D. 
Actions To Be Taken For Dangerous Animals Causing Severe Or Fatal Injuries.
1. 
An animal responsible for an unprovoked severe or fatal attack shall be humanely destroyed.
2. 
An animal responsible for a provoked, severe or fatal attack should be maintained as a dangerous animal.

Section 205.420 Dangerous Animals, Owner's Responsibilities.

[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.

Section 205.430 Guard Dogs.

[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.

Section 205.440 Additional Provisions Concerning Dangerous Dogs.

[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.

Section 205.450 Certain Dogs Prohibited Within City — Penalty.

[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.