[Ord. No. 1248 §1(4-1), 6-15-1993]
For the purposes of this Chapter, the following terms shall
be deemed to have the meaning indicated below:
The City employee charged with the primary responsibility
for enforcement of the provisions of this Chapter, under the supervision
of the City Administrator or his/her designee.
A place where bees are kept; a collection of beehives.
[Ord. No. 2009, 8-3-2021]
Off the premises of the owner's real property and not under
restraint of a competent person.
An actual puncture, tear or abrasion of the skin inflicted
by the teeth of an animal.
All domestic species or varieties of the genus felis, male
or female, six (6) months of age or older.
Any place or tract of land, whether indoors or outdoors,
whether enclosed or not, whether used for pleasure or profit, in which,
at which or upon which four (4) or more cats are kept, housed, bred,
raised, fed, displayed, exhibited or sold. The owner of four (4) or
more cats, shall be deemed as the operator of a cattery.
The certificate issued, under the St. Louis County Rabies
Control Code, at the time of vaccination, and bearing the signature
of the vaccinator, the registration number, the name, color, breed,
sex of the animal, the name and address of the owner, the date of
vaccination and type of vaccine administered.
Any female domestic members of the genus Gallus gallus.
[Ord. No. 1827 §1, 8-4-2015]
A person capable of controlling and governing the animal
in question, and to whose commands such animal is obedient.
All domesticated members of the species canis familiaris,
male or female, six (6) months of age or older.[1]
Any animal customarily kept by humans for companionship,
including, but not limited to, dogs, cats, birds, rabbits, hamsters,
mice, turtles, and the like.
[Ord. No. 2009, 8-3-2021]
Cattle, calves, horses, mules, swine, sheep, goats, ducks,
turkeys or other similar birds and animals.
[Ord. No. 2009, 8-3-2021]
To put to death in a humane manner.
When bitten by, or fought with, or has come in close contact
with a dog or other animal shown to be infected with the rabies virus
as determined by standard laboratory testing.
The Department of Public Health of St. Louis County, Missouri,
or the Commissioner of Public Health of St. Louis County, or any person,
persons or agent employed by the City or County Health Commissioner
to enforce the St. Louis County Rabies Control Code.
A structure designed to contain one (1) colony of honey bees.
[Ord. No. 2009, 8-3-2021]
A honey-producing bee within the genus Apis of the family
Apidae.
[Ord. No. 2009, 8-3-2021]
Those members of a family, including other competent persons
living in the same dwelling unit.
The apprehending, catching, trapping, netting, tranquilizing,
confining or, if necessary, the destruction of any animal by the Animal
Control Officer or his/her agent, or by any employee or agent of the
City.
Any premises designated by the Board of Aldermen for the
purpose of impounding and caring for animals, which are in violation
of this Chapter.
Any place or tract of land, whether indoors or outdoors,
whether enclosed or not, whether used for pleasure or profit, in which,
at which or upon which four (4) or more dogs are kept, housed, bred,
raised, fed, displayed, exhibited or sold. The owner of four (4) or
more dogs, shall be deemed to be the operator of a kennel.
All domestic species or varieties of the genus felis, male
or female, under the age of six (6) months.
Any person who owns, harbors, shelters, keeps, controls,
manages, possesses or has part interest in any dog, cat, animal, cattery
or kennel in the City of Rock Hill. The occupant of any premises on
which a dog, cat or other animal remains for a period of seven (7)
days, or to which it customarily returns for a period of ten (10)
days is presumed to be harboring, sheltering or keeping the aforementioned
dog, cat or other animal within this definition. Under no circumstances
are the normal and ordinary accepted definitions of the terms "harboring",
"sheltering" or "keeping" to be limited to the words of the aforementioned
presumption. If a minor owns a dog, puppy, cat, kitten, or other animal
subject to the provisions of this Chapter, the head of the household
of which such minor owner is a member shall be deemed to be the owner
of such dog, cat, puppy, kitten, or animal for the purpose of this
Chapter, and under this Chapter shall be responsible as the owner,
whether or not such household head is himself/herself a minor. If
not a member of a household, such minor owner shall himself/herself
be directly subject to the provisions of this Chapter.
All domesticated members of the species canis familiaris,
male or female, under six (6) months of age.
An animal, off the premises of its owner's real property,
is under restraint within the meaning of this Chapter:
Dogs used in exhibition, American Kennel Club sanctioned
shows, fun matches, obedience and confirmation.
Dog owners involved in field trials or hunting, racing, coursing
or tracking.
Any object, regardless of shape or material which bears a
rabies registration number and year of expiration or personal identification
and owner's name.
The injection, by a veterinarian of a specified dose of anti-rabies
vaccine into the body of an animal, such vaccine having the United
States Government license number approval stamped on the label of
the vaccine container and having been approved by the Health Commissioner.
Vaccine used for vaccination of the animals shall be stored and kept
under conditions proper for the vaccine and shall show no signs of
spoilage or otherwise be unfit for producing immunity against rabies.
The procedure of vaccinating for rabies and issuing an identification
number and an appropriate certificate under the St. Louis County Rabies
Control Code.
Any veterinarian holding a current Missouri license and operating
on a participating basis with the Health Department, as required by
the St. Louis County Rabies Control Code.
[1]
Editor's Note: The former definition of "domestic animals
and fowl," which immediately followed this definition, was repealed
8-3-2021 by Ord. No. 2009. Prior history includes Ord. No. 1827.
[Ord. No. 1248 §1(4-2), 6-15-1993]
A.
No
person shall conceal an animal or interfere with the Animal Control
Officer, his/her designees, or any other person designated by the
City, in the performance of their legal duties as provided in this
Chapter.
B.
Such
officer shall have the right of entry to any building or premises
within any quarantined area, during the period of such quarantine,
for the purpose of examining or collecting any animal suspected of
having rabies, or having been exposed to rabies or having bitten a
person or another animal.
[Ord. No. 1248 §1(4-3), 6-15-1993]
No person shall maintain a kennel or cattery within the City
without a license therefor. Application for said license shall be
made to the office of the City Clerk or such other person designated
by the Board of Aldermen. A license shall be issued for a period of
one (1) year upon payment of an annual fee of one hundred fifty dollars
($150.00) in addition to any other business or merchants fees. The
total number of animals to be kept in any such kennel or cattery shall
not exceed fifteen (15). Kennels and catteries shall be located only
in commercially zoned districts and shall be adequately screened and
buffered to protect against undue noise and odors which would constitute
a nuisance.
[Ord. No. 1248 §1(4-4), 6-15-1993]
A.
The
City may contract with or utilize the services of St. Louis County
or a private contractor for the collection and impounding of animals,
which may be redeemed in the manner provided in this Chapter, if not
infected with rabies.
B.
The
Animal Control Officer or his/her designee shall have the authority
to catch, confine and impound all of the following animals:
1.
A dog or cat wearing an expired or invalid rabies tag;
2.
A dog or cat not wearing a rabies tag;
3.
All female dogs or cats not securely confined in an enclosed place
while in season;
4.
All dogs, puppies, cats, kittens or other animals which are at large;
5.
All animals suspected of being infected with rabies and all animals
exposed to or suspected to be exposed to or infected with rabies,
including animals known to have been bitten by a rabid animal, whether
the animal to be impounded is running at large or on a leash, or whether
it is confined to its owner's premises;
6.
All unconfined or unleashed animals with vicious propensities;
7.
A dog or cat not having a current rabies vaccination;
8.
Unconfined animals in quarantined areas; and
9.
Animals which have bitten a person.
D.
Any
dog or cat or other animal impounded in accordance with this Chapter
and Section shall be vaccinated before being released to the owner.
E.
Dogs
and cats that have been vaccinated before becoming impounded shall
be released to the owners within five (5) days after capture, provided
that the Animal Control Officer feels that such release will not impair
the safety of the public.
F.
If
by a rabies tag or other means the owner of an impounded animal can
be identified, the Animal Control Officer shall immediately upon impoundment
attempt to notify the owner by telephone or other means.
G.
If
animals impounded are turned over to the County Health Department,
they may be redeemed as provided by the rules and regulations of the
County Department. Any costs of shelter, vaccination and license shall
be paid before release.
[Ord. No. 1248 §1(4-5), 6-15-1993]
A.
No
person shall permit any dog, cat or other animal, whether vaccinated
or not, to run "at large", as defined in this Chapter.
B.
In
a prosecution charging a violation of this Section, proof that a dog,
cat or other animal was running loose, together with proof that the
defendant named in the complaint was, at the time described in the
complaint, the person who owned such dog, cat or other animal, shall
constitute a prima facie presumption sufficient for conviction that
the owner was the person who permitted such animal to run at large.
C.
The provisions of Subsection (A) shall not apply to dogs being used in field trials and animal shows while on public land set aside for this purpose, to Seeing Eye dogs, bloodhounds or other animals used for tracking in conjunction with Police activities or to animals of any law enforcement agency.
D.
It
shall be the duty of the Animal Control Officer to cause the capture
of any animal, whether licensed or not, running at large, as defined
in this Chapter. Any officer seeing such animal running at large may
follow said animal into, on and over private property while in pursuit
of said animal.
[Ord. No. 1248 §1(4-6), 6-15-1993]
A.
Vaccination Required. Every person who owns any dog or cat,
whether in a kennel or cattery or not, that is kept at any time during
the year within the City, or who permits a dog or cat to come upon,
or in the City of Rock Hill, shall have such dog or cat vaccinated
against rabies, and such dog or cat must be vaccinated as often as
may be required in accordance with the type of vaccine used so that
such vaccination is currently effective. Any person owning, possessing
or harboring any dog or cat shall obtain a rabies shot for such animal
within thirty (30) days after the animal reaches the age of six (6)
months, or in the case of an animal over six (6) months old, within
ten (10) days of the acquisition of the animal.
B.
Tag. Every dog or cat which has been vaccinated against
rabies shall, at all times, wear the rabies tag, except that dogs
and cats that are kept for show purposes are exempt from wearing the
collar or harness and tag while in training or in a show.
C.
Certificate. It shall be unlawful for any person to own
any dog or cat unless such dog or cat has been vaccinated against
rabies and the owner possesses a certificate issued in accordance
with the provisions of this Chapter.
D.
Procedures For Rabies.
1.
Any dog, cat or other animal which exhibits objective symptoms suggestive
of rabies may, after written directive by the Animal Control Officer
or his/her agent to the owner, be impounded on or off the property
of the owner. This animal shall be held for ten (10) days in a facility
approved by the Animal Control Officer for clinical observation and,
if alive at the end of this period, shall be returned to the owner
after payment of the shelter fee. If such animal shall die during
the observation period, regardless of the location, the head shall
be removed and submitted to a qualified laboratory for examination.
2.
Any dog, cat or other animal which has been exposed to rabies shall
be immediately destroyed, unless the owner, at his/her expense, chooses
one (1) of the following alternative methods:
a.
Strict isolation in a kennel or animal hospital for six (6) months,
if the animal does not have a current vaccination; or
b.
If a dog, cat or other animal has been vaccinated previously with
vaccine approved by the Health Commissioner and the vaccine's effective
protection has not expired, the animal shall be re-vaccinated and
restrained by a leash or confined at home for ninety (90) days.
3.
All animals under clinical observation for rabies must fulfill all
conditions of this Section prior to release.
4.
Any person within the City having any information or knowledge of
any animal that exhibits clinical symptoms suggestive of rabies; has
been exposed to rabies; or is suspected to have rabies shall report
such knowledge or information to the Rock Hill Police Department.
5.
Any person destroying an animal infected or suspected of being infected
with rabies shall immediately notify the Health Department and the
Police Department and shall surrender the carcass of such animal upon
demand.
6.
The owner of such animal shall immediately provide the Health Department
and Police Department with full particulars thereof, including the
time, date, location and the name and address of the owner or person
having custody of any animal exposed to the animal destroyed.
7.
The owner of any dog or cat or other animal which bites any person,
regardless of the circumstances, or irrespective of whether such animal
is vaccinated and registered, shall be required to place such animal
in confinement in a manner satisfactory to the Animal Control Officer,
and in a manner that will prevent contact with people and other animals
for a period of ten (10) days, following the day of the bite, for
the purpose of clinical observation. All expenses shall be borne by
the owner of the animal. If such animal dies or is euthanized while
in confinement, its head shall be removed and submitted to a qualified
laboratory for examination. If, at the end of such ten (10) day period
any animal is still alive and healthy, it may be released to its owner.
Home observation may be allowed by the Animal Control Officer.
8.
All animals under clinical observation as the result of biting a
person must fulfill all other conditions of this Section prior to
release.
9.
If, at the time of biting, the animal had not been vaccinated and registered, the procedure outlined in Section 210.040 shall be followed.
10.
Any person treating an animal bitten, injured or mauled by another
animal shall report the incident to the Animal Control Officer. The
report shall contain the name and address of the owner of the wounded,
injured or bitten animal, the name and address of the owner, a description
of the animal which caused the injury and the location of the incident.
[Ord. No. 1248 §1(4-7), 6-15-1993]
A.
Whenever
rabies becomes prevalent in the City, the Mayor may issue a quarantine
order requiring every owner or person in charge of any dog or cat
or other animal whether vaccinated or not, within the City to either
kill his/her animal(s) or confine them in the home or some other secure
building.
B.
The
order shall be published once in a paper publishing the business of
the City, or shall be posted in at least twenty (20) conspicuous places
about the City.
C.
Whenever
during a quarantine it is necessary that an animal leave the confines
of a home or other security building, such animal shall be placed
on a leash no more than six (6) feet in length and under the direct
physical control of a competent person not less than fifteen (15)
years of age.
D.
The
Mayor, by proclamation, may terminate any quarantine whenever, in
his/her judgment, the necessity for it no longer exists.
E.
Whenever
any quarantine order is issued as provided in this Section, the members
of the Police Department and any other person designated by the Mayor
shall kill all dogs found running at large except those which have
been immunized.
A.
A person
is guilty of animal abuse when 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 or adequate control.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
A person
is guilty of animal neglect when 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 when 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.
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.
A.
A person
commits the offense of knowingly releasing an animal if that person,
acting without the consent of the owner or custodian of an animal,
intentionally releases any animal that is lawfully confined for the
purpose of companionship or protection of persons or property or for
recreation, exhibition or educational purposes.
B.
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.
The
provisions of this Section shall not apply to a public servant acting
in the course of such servant's official duties.
[Ord. No. 1248 §1(4-9), 6-15-1993]
A.
Classification. Any animal with the following characteristics
shall be classified as a dangerous animal. In the case of such animal
coming to the attention of the Animal Control Officer, such officer
shall notify the owner of such animal of its classification and of
the owner's responsibilities under the provisions of this Section.
1.
Any animal which has inflicted a severe or fatal injury on a human
being. "Severe injury" means any physical injury
resulting directly from an animal's bite, which results in broken
bones, lacerations requiring stitches, or inpatient hospitalization.
The victim receiving severe injuries, as defined above, shall provide
the Animal Control Officer with a signed physician's statement documenting
injury and treatment qualifying as a severe injury or sign an authorization
for release of such statement.
2.
Any animal which has killed a domestic animal, livestock, or poultry
without provocation, while off its owner's property.
3.
Any dog owned or harbored wholly or in part for the purpose of dog
fighting or any dog trained for dog fighting.
4.
Any animal which has bitten a human being, without provocation, on
public or private property other than the property of the owner.
5.
Any animal which, while on the owner's property, has bitten without
provocation, any human being.
6.
Any animal which, when unprovoked, chases or approaches a person
upon any public or private property other than the property of its
owner, in a menacing fashion or apparent attitude of attack, regardless
of whether or not a person is injured by the animal.
7.
Any animal which exhibits propensity, tendency or disposition to
attack unprovoked, to cause injury to, or to otherwise threaten the
safety of human beings or domestic animals.
B.
The
owner of an animal classified as a dangerous animal may, within five
(5) working days of such notification, request a hearing before the
Animal Control Officer as hereinafter provided.
1.
The Animal Control Officer shall hold a hearing, promptly following the request by an animal's owner, at which persons may be heard on the question as to whether the animal should be designated as a dangerous animal. The Animal Control Officer shall make a determination, based on the evidence presented to him/her, as to whether such animal has any of the characteristics set out in Subsection (A) above and is thereby to be classified as a dangerous animal.
2.
Any person aggrieved by a decision of the Animal Control Officer
shall have the right to appeal to the Municipal Judge by filing a
notice of appeal with the City Clerk within ten (10) days. A hearing
de novo shall be held by the judge promptly following the notice of
appeal. The provisions of Subparagraph (1) as to opportunity to be
heard and the determination to be made shall apply to the proceedings
on appeal.
3.
Pending the determination by the Animal Control Officer or the Municipal
Judge, as the case may be, the animal in question shall be confined
in such manner as not to be a threat to any person. Such confinement
may be on the owner's premises or with a licensed veterinarian.
C.
Exemptions.
1.
With the exception of animals described in Subsection (A)(1) hereinbefore, 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.
Animals owned by governmental or law enforcement agencies when being
lawfully used in the services of such agencies are exempt.
D.
Owners' Responsibilities. Owners or keepers of animals designated
as dangerous animals shall comply with the following:
1.
Any dangerous animal which bites a human being, or any domestic animal
whose behavior immediately prior to or during an incident resulting
in a human being bitten, which is determined to be dangerous, shall
be impounded for a ten (10) day rabies quarantine by St. Louis County
Animal Control.
2.
The owner or keeper shall notify the Animal Control Officer immediately
if a dangerous animal is loose, unconfined, or is missing, has attacked
another animal or has attacked a human being.
3.
Any animal of vicious propensities found off the premises of its
owner may be seized by any person authorized by the Animal Control
Officer or his/her designee.
E.
The
animal and owner may be brought to trial, and upon establishment by
a preponderance of the evidence of the vicious propensities of such
animal and that it was off the premises of its owner by testimony
under oath, the court may order the dog to be euthanized.
F.
Upon a showing, beyond a reasonable doubt, by testimony under oath of the vicious propensities of such dog and that it was off the premises of its owner, the owner may be subjected by the court to the penalties provided for in Section 210.150 of this Chapter.
G.
While
on the owner's or keeper's property, a dangerous animal shall be confined
only in a securely enclosed and locked pen or kennel type structure,
suitable to prevent the entry of young children and to prevent the
animal escaping. Plans for such pen or kennel type structure shall
be filed with the City and said plans shall be approved upon a finding
that such enclosure is adequate for the foregoing purposes; provided
that such enclosure shall be by a six (6) foot fenced yard or that
a pen or kennel structure shall have a minimum height of six (6) feet,
secure sides and top and shall be built on a concrete slab.
H.
The
owner or keeper shall display in a prominent place on the premises
a clearly visible sign warning that there is a dangerous animal on
the property. In addition, a similar sign shall be posted on the kennel
or pen of such animal.
I.
A dangerous
animal may be off the owner's or keeper's premises only if it is muzzled
and restrained by a suitable chain or leash not exceeding six (6)
feet in length and under the control of a responsible person. The
muzzle shall be made in a manner that will not cause injury to the
animal or interfere with its vision or respiration, but shall prevent
it from biting any person or animal.
[Ord. No. 1248 §1(4-10), 6-15-1993; Ord. No. 1590 §1, 2-21-2006]
A.
Every
person responsible for a dog, cat or other animal shall keep it from
creating a nuisance.
B.
A dog,
cat or other animal creates a nuisance if it:
1.
Soils, defiles or defecates on property within the City other than
property of a person responsible for the animal unless such waste
is immediately removed by a person responsible for the animal and
disposed in a waste container or buried in the 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;
3.
Causes unsanitary or dangerous conditions;
4.
Causes fear or annoyance to the neighborhood, or to person or persons
passing upon the streets or sidewalks, by excessive barking, howling,
meowing or other noise making.
5.
Chases vehicles, including bicycles;
6.
Molests, attacks, bites or interferes with persons or domestic animals
on public property or property not belonging to a person responsible
for the animal;
7.
Interferes with or impedes refuse collection, mail delivery, or meter
reading or other public service activities; or
8.
Tips, rummages through, or damages a refuse container.
[Ord. No. 1827 §2, 8-4-2015[1]]
A.
Domestic Animals.
[Ord. No. 2009, 8-3-2021]
1.
Households may keep domestic animals without a permit.
2.
No household may keep more than three (3) dogs or three (3) cats
or any combination thereof greater than three (3).
3.
All domestic animals, while on the premises of their owner, shall
be under the immediate control of their owner or custodian, or shall
be securely restrained or enclosed in a suitable outbuilding or enclosure.
4.
Any building or enclosure used for domestic animals must be kept
in a clean and sanitary condition so that no offensive odors escape
therefrom.
B.
Domestic Farm Animals. No household may keep any
domestic farm animals. Chickens and honey bees may kept in accordance
with the regulations set forth in this Section.
[Ord. No. 2009, 8-3-2021]
C.
Chickens.
1.
Chickens are limited to single-family residences and with valid
occupancy permits. Chickens may be kept for purely domestic purposes
only. No chickens or eggs may be sold to any person not a resident
of the premises where kept.
2.
No more than six (6) chickens are allowed. Roosters are not
allowed. In the event that chickens are acquired at an age when gender
cannot be determined, any male chickens (roosters) must be removed
within ten (10) days of the date that gender can be determined.
3.
Chickens currently kept shall not be grandfathered or permitted
to remain after the effective date of this Section unless brought
into compliance.
4.
No slaughtering of any chickens shall be permitted.
5.
Fighting or aggressive birds shall not be kept.
6.
Chickens shall not be kept in any building or structure used
or intended to be used for human habitation.
7.
Chickens shall be adequately confined within a coop and pen
surrounded by wire netting or other fence and a roof to prevent their
escape therefrom and kept in good repair and free of peeling paint,
untreated or rotted wood and rust.
8.
Chicken coops and pens shall only be kept in the "rear yard" as that term is defined in Chapter 405.
9.
Chicken coops shall be constructed to include four (4) square feet of space inside the coop per chicken, up to a maximum of thirty-two (32) square feet in size. Chicken pens shall be constructed to include ten (10) square feet of outdoor space per chicken, up to a maximum of eighty (80) square feet in size. Chicken coops and pens shall maintain the required rear and side yard setbacks for all accessory structures in accordance with Section 405.540, Accessory Buildings in Rear Yards.
10.
Chicken coops and pens shall be maintained in a ventilated,
safe and sanitary condition which has adequate space for humane treatment
and provides protection from predators and natural elements. They
shall be free from all obnoxious smells or substances; otherwise they
shall be deemed to be a public nuisance. The owner and the tenant
or custodian of the premises on or in which any chicken is kept must
promptly comply with orders of the City and/or the St. Louis County
Department of Health in respect to any unsanitary condition found
to exist.
11.
Any obnoxious odor discernible at the lot line or allergen arising
from any condition existing within the coop or pen shall be evidence
of a lack of sanitary maintenance of the premises, and shall constitute
a public nuisance.
12.
The presence of numerous flies or the presence of fly larvae
in the vicinity of any such coop or pen shall be evidence of a lack
of sanitary maintenance of the premises, and shall constitute a public
nuisance.
13.
Any manure or other waste from the chickens shall be collected
and properly removed from the premises or tilled into the soil on
the premises promptly and regularly to prevent the spreading of offensive
smells or diseases. Any unnecessary accumulation of debris, refuse,
manure or other removable material upon any surface within or on any
such coop or pen, or within the area around the coop or pen shall
be evidence of a lack of sanitary maintenance of the premises, and
shall constitute a public nuisance.
14.
All premises used or intended to be used for the keeping of
chickens permitted by the City shall be thoroughly cleaned, and all
debris, refuse, manure or other removable material shall be removed
therefrom as often as may be necessary to effect satisfactory compliance
with the provisions of this Section. All debris, refuse, manure or
other removable materials shall be controlled such that debris, refuse,
manure or other removable materials do not enter the stormwater system
or any abutting property.
15.
Areas containing any coop, pen and any appurtenances thereto
must either be of level grade or graded in a direction away from the
lot line in order to prevent runoff onto adjacent lots or public property.
16.
Deceased chickens must be disposed of either through burial
or incineration in accordance with Federal, State, and county regulations.
17.
All coops and pens and all feed containers intended for the
use of chickens permitted by the City shall be constructed, maintained
and kept in such a manner as to be completely rodent-proof. The floors
of every such coop shall be smooth and tight, and maintained so as
to prevent accumulation of filth or water or harboring of vermin thereunder.
18.
The owner and occupant of premises where chickens are kept,
maintained or allowed to remain, and any holder of a permit for chickens,
shall be responsible for any violations of this Section.
19.
The keeping of chickens pursuant to a permit issued under this
Section shall comply with all ordinances of the City. Nothing in this
Section shall be deemed to preclude the enforcement of any violation
of any City ordinances committed in connection with the keeping of
chickens, notwithstanding the issuance of such permit. 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 such permit is
applied for to determine whether the keeping of chickens violates
this Section or any other applicable ordinances.
D.
Chicken Permit Requirements, Revocation And Penalties.
1.
Any person desiring to keep chickens shall file a permit application
with the City. The permit application shall contain sufficient information
for the Building Inspector or his/her designee to determine compliance
with the Section. The application shall include but not be limited
to the following information:
2.
The Building Inspector or his/her designee shall decide whether
the application meets the terms and conditions of this Section.
3.
Each permit shall be for a term of three (3) years, unless sooner
revoked by the Building Inspector or his/her designee. Each application
and renewal shall require an inspection of the premises to confirm
compliance, and a permit shall not be issued or renewed if a premises
is found not to comply. Each inspection shall require an inspection
fee of thirty dollars ($30.00) to help defray the costs of inspection
and enforcement.
4.
A permit may be revoked at any time, without a hearing, if it
is determined that an infectious agent of potential significant co-pathogenicity,
such as avian flu, is identified within the continental United States.
At such time, the Federal government instructs with regard to the
quarantine or destruction of any such chicken.
5.
If the holder of a permit allows an unsanitary condition, or
any violation of this Section to exist for more than fourteen (14)
calendar days after notice from the City, then the Building Inspector
or his/her designee shall notify the permit holder and property owner
via certified mail that the permit has been revoked. The permit holder
and property owner shall have seven (7) calendar days after the revocation
notice is mailed by certified mail to remove the chickens, come into
compliance with this Section or appeal the revocation.
6.
Permit revocations under this Section may be appealed as follows:
a.
Appeals shall be filed in writing within seven (7) calendar
days after the revocation notice is mailed by certified mail.
b.
Appeals shall be determined following a hearing before the City
Administrator or his/her designee.
c.
At least seven (7) calendar days' notice of the hearing shall
be given to the permit holder and property owner by certified mail.
d.
The permit holder and property owner and any other interested
party may appear at the hearing and testify and present evidence concerning
the conditions giving rise to the revocation.
E.
Honey Bee Regulations.
[Ord. No. 2009, 8-3-2021]
1.
Residents of the City having a valid occupancy permit may keep an
apiary or hive on lots zoned single-family residential. Tenants must
provide written authorization from the property owner before keeping
an apiary or hive.
2.
There shall be no more than three (3) hives per lot.
3.
Each hive shall not exceed twenty (20) cubic feet in size and shall
not exceed five (5) feet in height.
4.
Hives shall not be located within the front yard. Hives located within
the side or rear yard shall be located no less than ten (10) feet
from the property line.
5.
The owner of any apiary or hive shall establish and maintain a flyway
barrier at least six (6) feet in height consisting of a solid wall,
fence, vegetation or combination thereof and shall be of sufficient
density to force the honey bees to fly over the barrier.
6.
A defined water source shall be provided on the same property within
ten (10) feet of the apiary or hive to discourage the bees from congregating
at swimming pools, fountains, pet watering bowls, bird baths or other
water sources where the honey bees may come in contact with humans,
birds or domestic pets.
7.
An apiary or hive in existence prior to the effective date of this
Section shall not be grandfathered or permitted to remain unless brought
into compliance.
F.
Permit Requirements; Revocation.
[Ord. No. 2009, 8-3-2021]
1.
Any resident desiring to keep honey bees shall file a permit application
with the City. The permit application shall contain sufficient information
for the Building Inspector or his/her designee to determine compliance
with the Section. The application,[ shall include, but not be limited
to, the following information:
a.
Name, address and phone number of applicant.
b.
Name, address and phone number of property owner if different from
applicant.
c.
Authorization from property owner if different from applicant.
d.
Number of hives to be kept.
e.
Site plan showing, to scale, the location of the facilities to be
provided and the distances from each lot line.
2.
Applicants shall notify the property owners and tenants whose properties
abut the property upon which the apiary or hive is to be kept.
3.
The Building Inspector or his/her designee shall decide whether the
application meets the terms and conditions of this Section.
4.
Each permit shall be for a term of three (3) years, unless sooner
revoked by the Building Inspector or his/her designee. Each application
and renewal shall require an inspection of the premises to confirm
compliance and a permit shall not be issued or renewed if a premise
is found not to comply. Each inspection shall require a thirty dollar
($30.00) inspection fee to help defray the costs of inspection and
enforcement.
5.
If the holder of a permit allows an unsanitary condition or any violation of this Section to exist for more than fourteen (14) calendar days after notice from the City, or if the apiary or hive is maintained in a manner so as to cause a nuisance as defined by Section 220.010 of this Code, then the Building Inspector or his/her designee shall notify the permit holder and property owner via certified mail that the permit has been revoked. The permit holder and property owner shall have seven (7) calendar days after the revocation notice is mailed by certified mail to remove the hives, come into compliance with this Section or appeal the revocation.
6.
Permit revocations under this Section may be appealed as follows:
a.
Appeals shall be filed, in writing, within seven (7) calendar days
after the revocation notice is mailed by certified mail.
b.
Appeals shall specify the grounds on which the appellant contends
the revocation is erroneous.
c.
Appeals shall be determined following a hearing before the City Administrator
or his/her designee.
d.
At least seven (7) calendar days' notice of the hearing shall be
given to the permit holder and property owner by certified mail.
e.
The permit holder and property owner and any other interested party
may appear at the hearing and testify and present evidence concerning
the conditions giving rise to th';/////e revocation.
[1]
Editor's Note: Section 2 of this ordinance repealed former
Section 210.130, Domestic Animals and Fowl — Limit on Number
of Dogs and Cats, adopted and amended by Ord. No. 1248 §1(4-11),
6-5-1993.
[Ord. No. 1248 §1(4-12), 6-15-1993]
No person, except a zoological garden operated with the consent
of the City, may keep or maintain any wild or undomesticated animal
or reptile of any kind. The term "any wild or undomesticated animal
or reptile" includes any animals or reptiles generally regarded as
wild, such as lions, tigers, wolves, bears, jaguars, wildcats, poisonous
snakes or others of the same general class and description.
[Ord. No. 1248 §1(4-13), 6-15-1993; Ord.
No. 2009, 8-3-2021]
In addition to any other remedy, any violation of this Chapter 210 may be referred for prosecution to the Rock Hill Municipal Court. Any person convicted of such a violation shall be subject to punishment as provided in Section 100.080 of this Code. Each day of violation shall constitute a separate offense.
