[R.O. 2009 §6-24; Ord. No. 3420 Art. 4 §1, 5-12-2004; Ord. No. 3909 §I, 2-10-2010; Ord. No. 4638, 6-15-2021]
A. 
All owners shall prevent their animals from roaming at large.
B. 
No owner shall fail to exercise proper care and control of his/her animals to prevent them from becoming a nuisance. The owner of every animal shall be held responsible for every behavior of such animal under the provisions of this Chapter.
C. 
All animals, unrestrained on the owner's property, must be accompanied by the owner or a responsible adult to whose commands the animal will respond, and be able to demonstrate that the animal can be verbally restrained on its property regardless of the incentive that might cause it to leave the property.
D. 
All animals outside on owner's property, not accompanied by its owner, must be restrained behind a visible fence, cage or a chain, cable or rope or other material or a combination of these restraints that is substantial enough to restrain the animal inside the owner's property line.
Invisible fencing can be used as a secondary restraint, but not as a primary restraint.
E. 
All dogs, or any other animal kept as a pet, off the owner's property must be on a secure walking leash no longer than six (6) feet in length.
F. 
The ACO or City Police may kill any animal running loose, if deemed necessary by said officer.
G. 
Every vicious animal, as determined by the City of Festus, shall be confined by the owner in the manner mentioned in Section 205.110 of this Chapter.
H. 
No animal shall be tied, hitched or fastened to any rope, chain or cord that is directly attached to the animal's neck. Animals that must be tied, hitched or fastened to restrain them must wear a properly fitted collar or harness, not of the choker type. The tying device shall be attached to the animal's collar or harness and shall be at least ten (10) feet in length and free from obstruction or items which may cause the tying device to become caught, wrapped or twisted or prevent the animal from reaching food, water or shelter.
[R.O. 2009 §6-25; Ord. No. 3420 Art. 4 §2, 5-12-2004; Ord. No. 4066 §I, 8-22-2012; Ord. No. 4638, 6-15-2021; Ord. No. 4691, 8-8-2022]
A. 
No residential structure or lot shall house or contain more than four (4) units as defined here: A dog, cat, ferret over four (4) months of age, or any service animal or emotional support animal kept pursuant to State or Federal law shall constitute one (1) unit. Five (5) rabbits, chinchillas, guinea pigs, hamsters, mice or other rodents over age three (3) months or any combination thereof shall constitute one (1) unit. Two (2) snakes or other reptiles constitutes one (1) unit. Two (2) birds is the same as one (1) unit.
B. 
Notwithstanding any other provision of this Section to the contrary, no more than three (3) dogs and/or three (3) cats over the age of four (4) months shall be allowed at any one (1) residence. Keeping more animals than what is described in this Section constitutes a kennel. Residents should verify, with the Building Department, that they are in a zone which allows kennels.
C. 
No animal defined as exotic, wildlife, poultry or livestock in this Chapter shall be permitted to be owned or harbored by any individual in City limits, except in the form of a circus or other event where a special permit has been issued by the City.
D. 
Chickens. No more than four (4) chickens are allowed at any one (1) single-family residence. No roosters shall be permitted to be owned or harbored by any individual in City limits. Residents currently keeping chickens must meet all requirements within thirty (30) days after the effective date of this Subsection. A permit to keep four (4) or fewer chickens shall be issued by the City Animal Control Officer or their designee if the following conditions are satisfied:
1. 
Keeping of Chickens.
a. 
Chickens acquired at an age when gender cannot be determined may be kept until the date the gender can be determined. Any male chickens (roosters) must be removed within ten (10) days of the date that gender can be determined.
b. 
Chickens or eggs may not be sold in the City.
c. 
No slaughtering of any chickens shall be permitted.
d. 
Fighting or aggressive chickens shall not be kept.
e. 
Chickens shall not be kept in any building or structure used or intended to be used for human habitation.
f. 
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.
g. 
Coops and Pens.
(1) 
Chickens shall be adequately confined within the rear yard of a residence, as defined by Chapter 405, in a coop or 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. 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 to prevent accumulation of filth or water or harboring of vermin thereunder.
(2) 
Chicken coops shall be constructed to include four (4) square feet of space inside the coop per chicken, up to a maximum of twenty-four (24) 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 sixty (60) 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 405.320, District "R-1" Single-Family Dwelling District.
(3) 
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 Jefferson County Health Department in respect to any unsanitary condition found to exist.
(4) 
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 to prevent runoff onto adjacent lots or public property.
h. 
The City Animal Control Office or their designee may declare a nuisance in the following circumstances:
(1) 
The presence of any obnoxious odor discernible at the lot line or allergen arising from any condition existing within the coop or pen;
(2) 
The presence of numerous flies or the presence of fly larvae in the vicinity of any such coop or pen evidencing a lack of sanitary maintenance of the premises; or
(3) 
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.
i. 
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.
j. 
Deceased chickens must be disposed of either through burial or incineration in accordance with Federal, State, and local regulations.
k. 
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.
2. 
Permit Requirements, Revocation and Penalties.
a. 
Permit. No person desiring to house or keep chickens within the City is permitted to do so unless and until the person desiring to keep such chickens obtains a permit therefor from the City Animal Control Officer or their designee. The permit application shall include, but not be limited to, the following information:
(1) 
Name, address, and phone number of applicant;
(2) 
Name, address, and phone number of property owner if different from applicant;
(3) 
Number of chickens to be kept; and
(4) 
Site plan showing, to scale, the location of the facilities to be provided and the distances from each lot line.
b. 
The Building Inspector or their designee shall inspect the premises and determine whether the applicant meets the requirements of this Section. There shall be an inspection fee of thirty dollars ($30.00). Each application and renewal shall require an inspection of the premises to confirm compliance, and a permit shall not be issued or renewed if premises are found not to comply.
c. 
Each permit shall be for a term of two (2) years, unless sooner revoked by the City's Animal Control Officer or their designee.
d. 
Revocation. 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 regarding the quarantine or destruction of any such chicken.
(1) 
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 City's Animal Control Officer or their designee shall notify the permit holder and/or property owner via certified mail that the permit has been revoked. The permit holder and property owner shall have seven (7) days after receipt of the revocation notice to remove the chickens, come into compliance with this Section or appeal the revocation.
(2) 
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 Public Works Director 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.
(3) 
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 prosecuting attorney for prosecution, and shall be subject to the penalties in Section 205.140.
e. 
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 applicant and/or property owner authorizes City officials at all reasonable times and in a reasonable manner to enter upon and inspect the property.
E. 
Nothing herein shall be construed to prevent the keeping of a service animal or emotional support animal as a reasonable accommodation in accordance with the Fair Housing Act, 42 U.S.C. § 3601 et seq. The Animal Control Officer may require, as a condition of keeping a service animal or emotional support animal within the City, appropriate documentation demonstrating that a person is qualified to have the specific animal claimed as a service animal and/or emotional support animal. Any service animal or emotional support animal shall be subject to the provisions of this Chapter applicable to pets, except as expressly preempted by State or Federal law.
[R.O. 2009 §6-26; Ord. No. 3420 Art. 4 §3, 5-12-2004; Ord. No. 4242 §I, 7-23-2015; Ord. No. 4638, 6-15-2021]
A. 
Barking/Habitual Annoying Animal Noise.
1. 
It shall be unlawful for any person to keep or harbor an animal which howls, barks, or makes other habitual, annoying animal noise in violation of this Section.
2. 
It shall constitute a violation of this Section if the howling, barking, or other habitual, annoying animal noise, occurs continually and is audible beyond the property line of the premises on which the animal is located:
a. 
For more than fifteen (15) minutes between the hours of 10:00 p.m. and 8:00 a.m.; or
b. 
For more than thirty (30) minutes between the hours of 8:00 a.m. and 10:00 p.m.; or
c. 
For a shorter duration than cited above, but on more than five (5) occasions within a ten (10) day period. It shall be a defense to such violation if the owner of the animal proves by a preponderance of the evidence that the only reason the animal was making habitual, annoying animal noise was that the animal was being provoked by a person or was otherwise being incited or was acting as a guide animal, hearing animal, service animal or police work animal. No person shall be liable under this Subsection (A)(2)(c) unless testimony is received from a complainant.
3. 
Whenever a violation of this Section occurs, it shall be a rebuttable presumption that the owner of the property on which the animal is located is liable under this Section.
4. 
Violations of this Section shall be prosecuted as ordinance violations of the City of Festus and shall be subject to the general penalty set forth in Section 205.140 of the Code of Ordinances of the City of Festus, Missouri.
B. 
Disposal Of Fecal Matter. Any person having physical possession and/or control of any animal, whether on personal property or in a public place, including, but not limited to, streets, sidewalks, parking lots and public parks, shall immediately remove any fecal matter deposited by said animal and disposed of in a proper container.
C. 
Disposition Of Carcasses. Every person owning or caring for an animal that has died shall properly dispose of said carcass within twenty-four (24) hours by one (1) of the following means: by contacting the Animal Control Officer for transport and disposal or by surrendering said carcass to a veterinarian for disposal or, in the event of a weekend or holiday where offices might be closed, the caretaker of said animal must put body in two (2) layers of a heavy plastic bag and securely tie bag shut and store said body in an enclosed area so that no other animals might tear bag open, until office reopens.
D. 
Mosquito Breeding Places. Collections of water in which mosquitoes breed or are likely to breed are declared a public nuisance unless such collections of water are treated to prevent such breeding. Collections of water shall be treated by one (1) or more of the following methods:
1. 
Screening with wire netting of at least sixteen (16) meshes to the inch each way or any other material which will effectively prevent the allowance of mosquitoes.
2. 
Complete emptying every seven (7) days of unscreened containers, together with their thorough cleansing or drying.
3. 
Adding two (2) parts Clorox bleach to every thirty (30) parts water. As stated by the Centers for Disease Control, Clorox bleach is the only chlorine available on the market for public use that is stable enough for reliable disease control.
4. 
Proper disposal of tin cans, tin boxes, broken or empty bottles, tires and other articles likely to hold water.
5. 
Substances sold for the specific purpose of mosquito elimination in water.
6. 
Stocking with mosquito destroying fish.
E. 
Rodent Harborage. Paper, lumber, rocks, boxes, barrels, bottles, cans, trash or debris or other material allowed to accumulate or remain on any premises, whether occupied or vacant, in such a manner as to create a condition which provides shelter or food for rodents is considered a public nuisance.