City of Rock Hill, MO
St. Louis County
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Table of Contents
Table of Contents
[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:
ANIMAL CONTROL OFFICER
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.
AT LARGE
Off the premises of the owner's real property and not under restraint of a competent person.
BITE
An actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.
CAT
All domestic species or varieties of the genus felis, male or female, six (6) months of age or older.
CATTERY
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.
CERTIFICATE
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.
CHICKENS
Any female domestic members of the genus Gallus gallus.
[Ord. No. 1827 §1, 8-4-2015]
COMPETENT PERSON
A person capable of controlling and governing the animal in question, and to whose commands such animal is obedient.
DOGS
All domesticated members of the species canis familiaris, male or female, six (6) months of age or older.
DOMESTIC ANIMALS AND FOWL
Any ponies, horses, mules, jennets, bulls, cows, calves, sheep, hogs, pigs, goats, mink, rabbits, skunks, ducks, geese, pigeons, turkeys, honey bees, or other domestic animals, fowl or bee.
[Ord. No. 1827 §1, 8-4-2015]
EUTHANIZE
To put to death in a humane manner.
EXPOSED TO RABIES
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.
HEALTH DEPARTMENT OR HEALTH COMMISSIONER
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.
HOUSEHOLD
Those members of a family, including other competent persons living in the same dwelling unit.
IMPOUND
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.
IMPOUNDING FACILITIES
Any premises designated by the Board of Aldermen for the purpose of impounding and caring for animals, which are in violation of this Chapter.
KENNEL
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.
KITTEN
All domestic species or varieties of the genus felis, male or female, under the age of six (6) months.
OWNER
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.
PUPPY
All domesticated members of the species canis familiaris, male or female, under six (6) months of age.
RESTRAINT
An animal, off the premises of its owner's real property, is under restraint within the meaning of this Chapter:
1. 
If it is controlled by a line or leash not more than six (6) feet in length, when said line or leash is held by a competent person;
2. 
When at "heel" of a competent person; or
3. 
When within a vehicle being driven, parked or stopped.
SHOW DOGS
Dogs used in exhibition, American Kennel Club sanctioned shows, fun matches, obedience and confirmation.
SPORTSMAN
Dog owners involved in field trials or hunting, racing, coursing or tracking.
TAG
Any object, regardless of shape or material which bears a rabies registration number and year of expiration or personal identification and owner's name.
VACCINATE
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.
VACCINATION, REGISTRATION
The procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate under the St. Louis County Rabies Control Code.
VETERINARIAN
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.
[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.
C. 
No animal shall be exempted from the provision of Subsection (B)(39) inclusive by virtue of vaccination, tags or a vaccination registration certificate.
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. 
Dogs And Cats. No household may keep more than three (3) dogs or three (3) cats or any combination thereof greater than three (3).
B. 
Domestic Animals And Fowl.
1. 
The Board of Aldermen shall approve any request to keep domestic animals and fowl.
2. 
All domestic animals and fowl, 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.
3. 
Any building or enclosure used for domestic animals and fowl must be kept in a clean and sanitary condition so that no offensive odors escape therefrom.
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:
a. 
Name, address and phone number of applicant.
b. 
Name, address and phone number of property owner if different from applicant.
c. 
Number of chickens to be kept.
d. 
Site plan showing, to scale, the location of the facilities to be provided and the distances from each lot line.
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.
7. 
Any person who keeps chickens without a valid permit, except those who have filed an appeal to a revocation and are awaiting the outcome of said appeal, shall be referred to the Municipal Court and shall be subject to Section 210.150.
[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]
A. 
Any person charged with the violation of any Section of this Chapter, shall either, within five (5) days after receipt of notice, pay a fine(s) designated in the following schedule to the City's Violation's Bureau, or enter a plea of not guilty and stand trial in the Municipal Court.
Schedule of Penalties for Violations if Paid Within Five (5) Days after Receipt of Notice
First Offense
Second Offense within twenty-four (24) months
For any offense involving dog and cats vaccinated as required by this Chapter
$25.00
$75.00
For any other offense
$50.00
$100.00
B. 
Any person accused of a third (3rd) additional violation or any combination of the above-listed Sections within one (1) consecutive sixty (60) month period shall be prosecuted in the Municipal Court.
C. 
Nothing contained herein shall be construed so as to abrogate or suspend any of the provisions of this Section.
D. 
If any person charged under this Section fails to pay the designated fine or enter a plea of not guilty within five (5) days of receipt of notice, such person shall be sent a letter directing him/her to appear in the Municipal Court. The letter shall notify him/her of the time, place and date the appearance is to be made and advising that an arrest warrant may be issued for failure to appear in court upon the date and time specified.
E. 
The violation or failure to comply with, or the commission of any act prohibited by this Chapter shall constitute an unlawful act. Upon conviction, unless the penalty has been otherwise specified within this Chapter, the person so convicted shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00).
F. 
Each day that an unlawful act is committed or continues to be committed shall constitute a separate offense.