City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References—Persons riding or driving animals to obey traffic regulations, see §310.030; definition of farm, see §405.040; nuisance affecting health, see §220.020; definition of kennel, see §405.040; animals in parks, see §250.100.

Section 210.010 Abandonment of Animals in Public Places Prohibited.

[CC 1997 §6.1; Ord. No. 53, 10-1-1951]
It shall be unlawful for any person to abandon or turn loose any animal in or upon any public street or other public place within the City.

Section 210.015 Animal Neglect — Penalties.

A. 
A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control, including, but not limited to, knowingly abandoning an animal in any place without making provisions for its adequate care which results in substantial harm to the animal.
B. 
All fines and penalties for a first (1st) conviction of animal neglect may be waived by the court provided that 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.

Section 210.020 Definitions.

[CC 1997 §6.2; Ord. No. 286, 6-11-1958; Ord. No. 800, 7-15-1970; Ord. No. 2129-89, 1-4-1989; Ord. No. 3161-00 §§1 2, 4-19-2000]
The following words and phrases when used in this Chapter shall have the meanings respectively ascribed to them by this Section:
ADEQUATE CARE
Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal.
ADEQUATE CONTROL
To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property.
CUSTODIAN
Anyone keeping or feeding a domestic animal.
DANGEROUS ANIMAL
An animal declared dangerous in accordance with the provisions of Section 210.130 of this Code.
GUARD DOG
A dog not owned by a governmental unit, which dog is used to guard public or private property.
OWNER
The owner of property or in the case of leased property the tenant thereof, on which an animal is customarily kept or harbored.

Section 210.030 Annual Rabies Inoculation Required.

[CC 1997 §6.3; Ord. No. 286, 6-11-1958; Ord. No. 800, 7-15-1970]
The owner or custodian of any dog or cat found or kept within the City shall be required to have such animal inoculated against rabies.

Section 210.040 License.

[CC 1997 §6.4; Ord. No. 1693-83, 12-21-1983]
The owner or custodian of any dog or cat within the City shall secure an annual license for such dog or cat from the City, on or before June first (1st) of each year. No fee shall be charged for such license. The City shall register all dogs and cats so licensed and issue to the owner or custodian of each dog and cat a numbered metal tag to be kept attached to such animal at all times. Before any license is issued pursuant to this Section, the owner or custodian shall show satisfactory evidence of compliance with Section 210.030.

Section 210.050 Confinement — Impoundment — Penalties For Violation.

[CC 1997 §6.5; Ord. No. 1202-76, 10-20-1976; Ord. No. 1250-77, 11-16-1977; Ord. No. 1822-85, 7-17-1985]
A. 
All dogs and cats within the City shall be confined in an enclosure on the property of the owner or custodian. However, they may be permitted out of such enclosure when on a leash and in the charge of some responsible person. All dogs and cats found contrary to the provisions of this Section shall be taken up and impounded.
Any non-rabid dog or cat so impounded may be redeemed by paying a redemption fee in the amount of five dollars ($5.00), after providing proof that the non-rabid dog or cat has been inoculated and has a license.
B. 
Violation And Fines.
1. 
Any person violating the provisions of this Section shall, upon conviction, pay the following:
a. 
First (1st) offense: $5.00.
b. 
Second (2nd) offense: $10.00.
c. 
Third (3rd) offense and each additional offense within two (2) years of the first (1st) offense: $20.00.
2. 
If the animal is unlicensed:
a. 
First (1st) offense: $10.00.
b. 
Second (2nd) offense: $20.00.
c. 
Third (3rd) offense and each additional offense within two (2) years of the first (1st) offense : $40.00.
C. 
Animals which have bitten a human, or which have been exposed to or are suspected of having been exposed to rabies, are to be confined as follows:
1. 
Any dog, cat, puppy, kitten, or other animal which has been exposed to or is suspected of being exposed to rabies, or has bitten a human, shall be confined for a period or handled in a manner prescribed by the St. Louis County Rabies Control Services. The person responsible for the animal shall prevent contact by such animal with humans or other animals.
2. 
The confinement required under Subsection (C)(1) of this Section shall be accomplished in one (1) of the following manners:
a. 
The animal may be confined by St. Louis County's impounding facilities for clinical observation, and, if alive at the termination of this period, shall be returned to a person responsible for the animal after payment of the shelter service fees.
b. 
At the option and expense of the person responsible for the animal, said animal may be confined by a veterinarian in St. Louis County, selected by the person responsible for said animal.
c. 
The Rabies Control Services may authorize a person responsible for the animal to confine the animal to his residence or other suitable place for the clinical observation period. If the animal is to be confined in a secure pen, it shall have an asphalt, wood, or concrete floor, closed top, and locked gate, assuring that the clinical observation period will be completed with the animal still confined. If confinement is authorized under this Subparagraph, the person responsible for the animal shall further assure that the animal shall only be allowed outside the above-described pen or other suitable place approved by the Rabies Control Services if the animal is on a leash which is held by a person who is capable of, and is in fact, controlling the animal in question.
d. 
If the person responsible for the animal resides outside of the City and is leaving to immediately return to his residence and wishes to quarantine the animal under this Section, the Rabies Control Services officer may, in his discretion, permit such a quarantine, but only upon satisfaction of all of the following conditions:
The animal must be examined by a veterinarian prior to leaving the City.
e. 
The Rabies Control Services shall contact a veterinarian (who may be licensed by a State other than Missouri) who has attended the animal in the past to determine whether the animal is currently protected from rabies by an effective vaccination.
f. 
The veterinarian so contacted or another veterinarian designated by the person responsible for the animal must agree to examine the animal at the end of the quarantine period and to report the results of the examination to the Rabies Control Services within three (3) days of such examination.
g. 
For the purpose of this Subparagraph, a veterinarian need not be licensed in the State of Missouri if he is currently licensed in another State of the United States.
3. 
If an animal confined pursuant to this Section dies during the observation period, regardless of the location or the cause of death, the head shall be removed and submitted to a laboratory designated by the Rabies Control Services for examination for rabies.
4. 
Any person within the City, having information or knowledge of any animal showing signs of rabies or having been exposed to rabies, shall report such knowledge or information to the St. Louis County Department of Community Health and Medical Care immediately.
5. 
It shall be the duty of any person bitten by any animal, or the parent or guardian of any person, seventeen (17) years of age or under, bitten by an animal, to immediately report the occurrence to the St. Louis County Department of Community Health and Medical Care. Such report shall contain the name and address of the person responsible for the animal, the day and time of the bite, the location in the City where the bite occurred, and a general description of the animal.
6. 
Every physician shall immediately report to the St. Louis County Department of Community Health and Medical Care, the full name, age and address of any person under his care or observation, who has been bitten by an animal irrespective of whether infected with rabies or suspected of being infected with rabies, or not so infected, or so suspected.
7. 
Every veterinarian treating or having under observation, any animal infected with, or suspected of being rabid, or suspected of having been exposed to rabies, shall report to the St. Louis County Department of Community Health and Medical Care, the name of a person responsible for the animal, and vaccination registration number, if any.

Section 210.060 Contract With County For Dog and Cat Catching and Rabies Control Services Authorized.

[CC 1997 §6.6; Ord. No. 286, 6-11-1958; Ord. No. 800, 7-15-1970]
The City Manager is hereby authorized to enter into a contract with the County for dog and cat catching and rabies control services.

Section 210.070 Killing Vicious Dogs and Cats.

[CC 1997 §6.7; Ord. No. 286, 6-11-1958; Ord. No. 800, 7-15-1970]
For the protection of the residents of the City, City Policemen are authorized and empowered to destroy any dog or cat running at large on public or private property that is found to be vicious or is menacing the lives or safety of the inhabitants of the City.

Section 210.080 Limitation of Number of Cats or Dogs.

[CC 1997 §6.8; Ord. No. 1202-76, 10-20-1976; Ord. No. 3997-08 §1, 9-3-2008]
No one shall keep, board or otherwise have on their property more than two (2) dogs and one (1) cat or two (2) cats and one (1) dog, unless a kennel is authorized in accordance with the provisions of Chapter 405: Zoning Regulations.

Section 210.090 Issuance of Summons.

[CC 1997 §6.9; Ord. No. 1202-76, 10-20-1976; Ord. No. 3173-00 §1, 5-17-2000]
The Rabies Control Officer is hereby authorized to issue a summons to any person violating any of the terms of this Chapter, and thereafter, such summons shall be prosecuted as all other violations of the Hazelwood City Code. He shall enforce all provisions of this Chapter and determine whether or not all dogs and cats on public property, including those on a leash, have a license and otherwise comply with this Chapter.

Section 210.100 Defecation On Private Property, Condominium Common Elements and Public Property Prohibited.

[CC 1997 §6.10; Ord. No. 1208-77, 1-5-1977]
It shall be unlawful for any person owning or in control of any animal to allow or permit such animal to defecate upon any private property owned by another, condominium common elements, or public property, unless such person shall remove all feces so deposited by such animal.

Section 210.110 Permitting Animals To Create A Nuisance Prohibited.

[CC 1997 §6.11; Ord. No. 1822-85, 7-17-1985]
A. 
Every person responsible for any animal shall keep it from creating a nuisance.
B. 
An animal creates a nuisance if it:
1. 
Soils, defiles, or defecates on urban property other than the property of a person responsible for the animal, or common elements of a condominium, unless such waste is immediately removed by a person responsible for the animal and deposited in a waste container or buried on ground where the person responsible for the animal has permission or the right to bury it.
2. 
Damages public property or property belonging to a person other than a person responsible for the animal, or common elements of a condominium.
3. 
Causes unsanitary, or dangerous conditions.
4. 
Causes a disturbance by excessive barking, howling, meowing, or other noise making.
5. 
Chases vehicles, including bicycles.
6. 
Molests, attacks, bites, or interferes with persons or other animals on public property, property not belonging to a person responsible for the animal, or common elements of a condominium.
7. 
Impedes refuse collection, mail delivery, or meter reading or other public service activities by annoying persons responsible for such activities.
8. 
Tips, rummages through, or damages a refuse container.
9. 
Contributes to rodent or insect problems.

Section 210.120 Keeping of Non-Domestic Animals Regulated.

[CC 1997 §6.12; Ord. No. 1822-85, 7-17-1985; Ord. No. 4491-16 §2, 6-15-2016]
A. 
For the purpose of this Code, the term non-domestic animal includes all animals except domestic fowl kept in full conformity with Section 210.160 and traditional household pets such as dogs, cats, caged birds such as parrots, parakeets, doves and similar birds routinely bred for captivity and close human contact, small caged animals such as hamsters, rabbits, guineas and similar small animals routinely bred for captivity and close human contact, and aquarium animals.
B. 
It shall be unlawful for any person to bring into, send into, receive into, buy, sell, or possess, in the City, a non-domestic animal as defined herein, without first applying for and obtaining a permit from the City Manager. No permit shall be granted without documentation that the keeping of said animal would be in full compliance with the provisions of the Animal Control Code of St. Louis County and the Wildlife Code of Missouri.
C. 
Exemptions. The provisions of this Section shall not apply to the keeping of non-domestic animals in the following cases:
1. 
The uninterrupted transportation of non-domestic animals through Hazelwood, Missouri.
2. 
The keeping of such animals in zoos, bona fide educational or medical institutions, museums, or any other place where they are kept as live specimens for public view, or for the purpose of instruction or study.
3. 
The keeping of such animals for exhibition to the public by a circus, carnival, or other exhibit or show.
4. 
The keeping and offering for sale of such animals by a bona fide commercial pet shop establishment.

Section 210.130 Dangerous Animals — Generally.

[CC 1997 §6.13; Ord. No. 2129-89, 1-4-1989; Ord. No. 3031-99 §1, 1-20-1999; Ord. No. 4572-17, 9-6-2017]
A. 
Classification. The Chief of Police or his designated representative shall classify any animal with the following characteristics as a "dangerous animal" for purposes of this Section and Section 210.140 of this Code:
1. 
Any animal which has inflicted a severe or fatal injury on a human 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 physician'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 attacked or bitten a human being or domestic animal, 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 attached or 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, or domestic animal.
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 that 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.
8. 
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:
a. 
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 a 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. 
Notice. Within five (5) working days after classifying an animal as a "dangerous animal", the Chief of Police or his designated representative shall notify the animal's owner of such classification, in writing. The notice shall identify the requirements and conditions for maintaining a dangerous animal as set forth in this Section and Section 210.140. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted at the owner's last known address.
C. 
Appeal And Hearing. If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A) of this Section are in dispute or if the animal owner contests the classification, then the owner has the option of submitting, within five (5) working days of Notice of said classification, a written request to the Chief of Police for a hearing to contest the "dangerous animal" classification.
1. 
The City Manager shall, within ten (10) working days after receipt of a bona fide written request, designate a Hearing Officer to conduct the hearing and render a decision.
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 Officer shall determine whether to declare the animal to be a "dangerous animal" based upon evidence and testimony presented at the time of the hearing, in addition to witnesses, animal control personnel, Police or any other person possessing information pertinent to such determination. 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.
4. 
The Hearing Officer shall issue a decision after the close of the hearing and notify the owner in writing of the decision. The owner or possessor of the animal found to be a "dangerous animal" shall be required to maintain the animal as herein provided in this Code.
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.
D. 
Exemptions To Dangerous Animal Classification.
1. 
No animal may be declared a "dangerous animal" 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. 
The Chief of Police 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.
4. 
Actions to be taken for dangerous animals causing severe or fatal injuries.
a. 
An animal responsible for an unprovoked severe or fatal attack shall be humanely destroyed.
b. 
An animal responsible for a provoked severe or fatal attack should be maintained as a dangerous animal pursuant to Section 210.140 of this Code.

Section 210.140 Dangerous Animals — Owners' Responsibilities.

[CC 1997 §6.14; Ord. No. 2129-89, 1-4-1989; Ord. No. 3031-99 §2, 1-20-1999; Ord. No. 4572-17, 9-6-2017]
A. 
From and after June 1, 1999, owners or keepers of an animal that has been declared a dangerous animal may maintain the dangerous animal only subject to the following limitations, requirements and conditions:
1. 
Registration. Within ten (10) days of June 1, 1999, or the acquisition of a dangerous animal, every owner or keeper of a dangerous animal in the City shall register said animal with the Chief of Police 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. 
Rabies quarantine impoundment. Any dangerous animal which bites or scratches a human, or any animal which is determined to be dangerous because of such biting or scratching of a human, shall be impounded for a ten (10) day rabies quarantine in accordance with the provisions of Section 210.050 of this Code.
3. 
Collar. Any dangerous animal shall wear at all times, a bright orange collar with a large brightly colored metal tag attached to the collar so the animal can readily be identified as a dangerous animal.
4. 
Loose, unconfined or missing dangerous animal. The owner or keeper shall notify the Police Department immediately if a dangerous animal is loose, unconfined or missing, has attacked another animal or has attacked a human being.
5. 
Reporting requirements. The owner or keeper shall notify the Police Department within twenty-four (24) hours:
a. 
Death or transfer of ownership. If a dangerous animal has died or has been sold or given away, or otherwise transferred in ownership or possession. If the animal has been sold, given away, or otherwise transferred in ownership or possession, the owner or keeper shall provide the Police Department with the name, address and telephone number of the new owner or keeper, and, if the dog is kept within the City limits of Hazelwood, the new owner or keeper must comply with the requirements of this Chapter.
b. 
Birth. All offspring born of dangerous animals within the City must be removed from the City within two (2) months of their birth.
c. 
New address. Of the new address of a dangerous animal owner or keeper should the owner or keeper move from one address within the corporate City limits to another address within the corporate City limits.
6. 
Confinement.
a. 
All dangerous animals must be securely confined indoors or in a securely enclosed and locked pen, kennel or other structure, except when leashed and muzzled as provided herein. The pen, kennel or other structure must be suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, kennel or other structure must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and secure top attached to all sides. The pen, kennel, or other structure must be locked with a key or combination lock when dangerous animals are confined within. The pen, kennel, or other structure must have a secured bottom or floor attached to all sides; however, 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.
b. 
The enclosure, when occupied by a dangerous animal, shall not be occupied by any other animal. If the dangerous animal is a female with offspring under three (3) months of age, the offspring may occupy the same enclosure as the mother.
c. 
All structures erected to house dangerous animals must comply with all zoning and building regulations of the City. All such structures must be adequately lifted and ventilated and kept in a clean and sanitary condition.
d. 
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. 
Signs. The owner or keeper shall display a sign on his premises that there is a dangerous animal on the property and which bears a symbol warning children of the presence of a dangerous animal. 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. 
Leash and muzzle. 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 not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.
9. 
Insurance. 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 a single incident amount of at least 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 covering the twelve (12) month period during which licensing is sought. An effective insurance policy with the coverage and in the amounts specified herein must be maintained by the owner or keeper at all times. This policy shall contain a provision requiring the City of Hazelwood receive ten (10) days' written notice by the insurance company prior to any cancellation, termination, or expiration of the policy.
10. 
Photographs. All owners or keepers of dangerous animals, must, within ten (10) days of such classification, provide the Police Department with two (2) color photographs (one (1) showing the left profile and the other showing the right profile) of the animal, clearly showing the color, distinguishing markings, and approximate size of the animal.
11. 
Compliance, violations and penalties.
a. 
It shall be unlawful for the owner or keeper of a dangerous animal within the City of Hazelwood to fail to comply with requirements and conditions set forth in this Section. Any animal found to be in violation of this Section 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 Section, whichever is shorter.
b. 
Any person found guilty of violation any provision of this Section shall be punished as provided in Section 100.130 of this Code. In addition to any penalty as provided above, the Court shall order the registration of the subject dangerous animal revoked and the animal revoked 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.

Section 210.150 Guard Dog.

[CC 1997 §6.15; Ord. No. 2129-89, 1-4-1989]
A. 
No person shall own, keep, harbor, maintain or allow to be upon any premises occupied by him or under his charge or control, any guard dog without such dog being 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 a manner which, as determined by the Director of Public Works, endangers 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 Chapter.
C. 
All guard dogs residing in or used as such in the City of Hazelwood must be registered annually with the Public Works Department.

Section 210.160 Possession of Domestic Fowl.

[Ord. No. 4491-16 §1, 6-15-2016]
A. 
Limitations On Keeping Domestic Fowl.
1. 
It shall be unlawful for a person, other than a veterinary hospital or pet shop, to keep domestic geese, ducks, chickens or turkeys (domestic fowl) within the City in any structure used for human habitation.
2. 
It shall be unlawful for a person, other than a veterinary hospital or pet shop, to keep domestic fowl within the City for commercial or resale purposes on any property that is not zoned and used for farm purposes.
3. 
It shall be unlawful for a person to keep more than three (3) domestic fowl as pets or for domestic egg production on any property that is not zoned and used for farm purposes.
4. 
No crowing hens or adult male chickens may be kept on any property that is not zoned and used for farm purposes.
5. 
Domestic fowl kept as pets or for domestic egg production must be adequately confined within the private property boundaries of the owner's yard sufficient to prevent their escape.
6. 
Any person desiring to keep domestic fowl may do so only upon obtaining a permit for same from the City.
B. 
Permit Required. No person may keep upon his/her premises any domestic fowl on any property that is not zoned and used for farm purposes except as provided in this Section.
1. 
Any person desiring to keep any domestic fowl within the City shall file with the City's Public Works Department a written application for a permit, accompanied by a non-refundable application fee in the amount of twenty-five dollars ($25.00).
2. 
Permits granted under this Section may not be transferred to a new owner.
3. 
Approval of the permit will be granted upon successful completion of an inspection(s). If multiple inspections are required, an additional fee of twenty dollars ($20.00) per inspection shall be charged. Each permit shall be for a term of three (3) years from the date thereof, unless sooner revoked as provided herein. A successive permit for an additional period of three (3) years may be issued through the same procedures as for an initial application.
4. 
Notwithstanding any provision herein to the contrary, each property harboring domestic fowl which exists before the effective date of this Section on June 15, 2016, shall comply with the provision of this Section and obtain a permit within one hundred twenty (120) days after the effective date of this Section.
C. 
Permit Criteria And Performance Standards. A permit may be issued if all of the following conditions are satisfied:
1. 
Domestic fowl may be kept for purely domestic purposes only. No animals or eggs may be sold to any person not a resident of the premises where kept. No domestic fowl may be slaughtered on the premises.
2. 
The domestic fowl shall be safely and securely confined within an enclosed area containing a coop and associated enclosure which may not be greater than thirty (30) square feet in size but must provide a minimum of four (4) square feet for each fowl harbored therein. The coop must have a hard roof, and the coop and enclosed area must be completely secured from predators and contain an area within which the fowl may move at large. No more than one (1) coop is allowed per permitted parcel. The domestic fowl shall not be permitted to run at large in or upon the public streets, open lots or private properties of the City.
3. 
The coop and enclosure, and the materials used to construct coop and enclosure shall be of the same materials sold in the commercial marketplace. The coop and enclosed area shall appear professional in design and workmanship. It shall be constructed with proportional dimensions. Plastic tarp roofs; junk and materials not commercially used for coops and enclosures are not allowed. No part of any coop or associated enclosed area may be attached to any building on the premises other than a detached garage.
4. 
The coop and enclosed area shall be maintained in a ventilated, clean, safe and sanitary condition containing adequate space for humane treatment. The coop and enclosed areas shall be maintained in good repair and free of noxious odors.
5. 
The coop and enclosed area shall be designed and maintained at all times to effectively prohibit accessibility by predators.
6. 
Coops and enclosed areas shall be located entirely and only in the rear yard. Coops and the material establishing the boundaries of the enclosed areas shall meet all rear and side yard setback requirements for accessory structures in accordance with the zoning district in which the property is located but in no event shall be less than ten (10) feet from the principal building on the lot and from any property line. Coops and enclosed areas shall not be visible from adjoining properties at ground level or from any street, public or private, through the proper use of fencing, walls, berms, or densely planted vegetation, or any combination thereof.
a. 
If vegetation is used, it shall be planted in a designated buffer strip at least three (3) feet in width along the side and rear property lines, and across the side yards to obscure visibility from the street. Said area shall be so designed and planted as to be one hundred percent (100%) opaque when viewed horizontally by a person standing at ground level, at a height no less than six (6) feet from ground level, at the time of planting. Existing vegetation, alone or in combination with a fence or wall, that achieves the vegetative opacity and minimum height requirements set forth herein, may be approved by the City Manager in lieu of the minimum buffer width standards.
b. 
An opaque fence or wall of sufficient height surrounding the coop and enclosed area or rear yard of the property may also serve to screen the area for domestic fowl. Fence and wall construction shall meet all standards pursuant to the City's fence standards and shall be permitted separately. Fences and walls used in this manner may be located on the property line.
7. 
Any manure or waste shall be collected and properly removed from the premises or tilled into the soil on the premises promptly and regularly to prevent offensive smells or conditions conducive to disease.
8. 
Food for domestic fowl shall be stored in a container which is kept dry and sanitary and in a rodent-proof, insect-proof and leak-proof condition at all times.
9. 
No person shall keep domestic fowl in a manner so as to create a nuisance.
10. 
The keeping of domestic fowl pursuant to a permit issued under this Section shall comply with all ordinances of the City.
11. 
By applying for a permit under this Section, the property owner authorizes City officials, at all reasonable times and in a reasonable manner, to enter upon and inspect the property with respect to which the permit is applied for to determine whether the keeping of domestic fowl violates this Section or any other applicable ordinances.
D. 
Revocation Of Permits To Keep Domestic Fowl.
1. 
In addition to any other penalty provided by law for violation of this Section or any other provision of this Code of Ordinances, if the holder of a permit allows any nuisance or unsanitary condition to exist upon the premises, or any violation of this Section, any of the conditions or performance standards provided herein, or other applicable laws, to exist after notice of violation from the City, then such permit for domestic fowl may be disciplined or revoked after hearing, upon determination by the Chief of Police or designee that such domestic fowl is being maintained in an unsanitary condition, or in violation of this Section, any of the conditions or performance standards provided herein, or other applicable laws. All domestic fowl must be disposed of or removed from the City no more than ten (10) days following receipt of notice of revocation after hearing from the City.
2. 
Any applicant or permit holder aggrieved by a decision of: (a) the Public Works Department in regard to issuance of a permit, or (b) the Chief of Police or designee in regard to discipline or revocation of a permit, may appeal the decision to the City Manager within five (5) business days of said decision by filing a written request for reconsideration and appeal setting forth in a thorough and concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The City Manager may consider the appeal on the record of the prior decision or may, at the Manager's sole discretion, receive additional evidence in such manner as deemed appropriate in light of the circumstances.