[R.O. 1991 § 240.010; Ord. No. 435 §§ 1 — 10, 5-3-1971; Ord. No. 2084-02 § 1, 5-21-2002; Ord. No. 2253-04 § 1, 3-16-2004; Ord. No. 2307-04 § 1, 8-17-2004; Ord. No. 2859-12 § 1, 11-20-2012; Ord. No. 3004-18, 6-27-2018]
It is hereby deemed to be in the best interest of the residents and citizens of the City of Smithville and for the protection of public health and to prevent the spread of insect-borne diseases and infections to provide for the proper housing and care of animals and poultry within the City of Smithville.
Definitions. For the purposes of this Chapter, the following words shall have the meaning ascribed thereto:
- Any mammal, reptile, amphibian, or insect, including, but not limited to, horses, mules, bees, asses, goats, sheep, swine, cattle, and rabbits but shall not include dogs and cats.
- EXOTIC OR DANGEROUS WILD ANIMALS
- Includes all animals identified in Section 578.023, RSMo., as currently adopted or hereafter amended and any non-domesticated or wild animals (notwithstanding whether or not the particular animal has been tamed).
- Domesticated fowl valued for their meat and eggs, including but not limited to chickens, turkeys, ducks, geese, and guinea fowl. Male chickens under four (4) months of age shall be regulated as all other fowl contained in this definition.
- REPTILE AND AMPHIBIAN
- As used herein shall not include any reptile and/or amphibian which is:
- A male chicken more than four (4) months old.
No more than ten (10) poultry, and no rooster (as defined herein) shall be kept, housed or lodged in any manner, including but not limited to any barn, building, pen or other structure, (no chickens) less than fifty (50) feet of the nearest portion of any occupied and habitable building on adjoining land. (The quantity limitation herein does not apply to housing animals and poultry on land in any agriculturally zoned district.) All animals, poultry, reptile and amphibians, exotic or dangerous wild animals and roosters allowed in this Chapter shall be kept in compliance with Subsections (D), (E), (F) and (G), below.
No such animal or poultry shall cause a noise disturbance in violation of Section 205.2260 et seq.
Every stable or other structure or premises wherein any animal or poultry is kept shall be maintained in a clean and sanitary condition at all times, devoid of all rodents and vermin and free from harmful, offensive or noxious smell or odor.
No such animal or poultry shall be allowed to roam free or be free range in a manner that will allow such animal or poultry to leave the premises.
Proposed facilities to house poultry must meet the following criteria:
Is kept in good repair.
Provides minimal disruption to neighbors.
Has absorbent ground cover (that can be replaced as often as necessary to suppress odor).
Has a secure enclosure.
Provides animals with adequate lighting and ventilation.
Provides a space where feeding practices won't attract unwanted rodents.
Notwithstanding any other provision of this Section, no exotic or dangerous wild animals shall be kept in any structure or enclosure of any kind unless the caretaker of such exotic or dangerous wild animal is registered with the State of Missouri to serve as a temporary caretaker for injured or sick exotic or dangerous wild animals, and only on land that is properly zoned for such use.
Annual permits for poultry shall be required by September 1, at a cost of thirty dollars ($30.00) to cover the cost of inspection of the proposed site to ensure it is in compliance with the requirements set out herein.
Process For Appeal.
Any person aggrieved by the denial of a permit shall, within twenty (20) days after notice of the denial is served by mail or delivered to the aggrieved person, serve upon the City Administrator a notice of appeal, setting forth the following information:
The notice of appeal shall be served by hand delivery to the City Administrator.
Within thirty (30) days after service, the City Administrator and/or the Board of Aldermen shall determine whether an evidentiary hearing is warranted, and shall notify the aggrieved party, by regular mail, postage prepaid to the address set forth in the notice of appeal, of the City's decision or of the grant of an evidentiary hearing.
If an evidentiary hearing is granted, then notice of the City's decision shall be sent, in the manner set forth above, within thirty (30) days after the date of the evidentiary hearing.
If any Section, Subsection or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining Sections, Subsections and clauses shall not be affected thereby.
Any person violating the provisions of this Section shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100.00); provided, however, that each day that such violation shall continue shall be deemed a separate offense.
[R.O. 1991 § 240.020; Ord. No. 505 §§ 1 — 2, 2-5-1973; Ord. No. 1907-99 § 20, 12-21-1999; Ord. No. 2253-04 § 1, 3-16-2004]
If any person shall overdrive, overload, torture, torment or cruelly neglect to provide with necessary sustenance or shelter, or shall cruelly beat or needlessly mutilate or kill or cause or procure to be overdrawn, overloaded, tortured, tormented or deprived of necessary sustenance or shelter or to be cruelly beaten or needlessly mutilated or killed as aforesaid any living creature, every such offender shall be guilty of an ordinance violation.