[Ord. No. 1069 §1, 1-26-2004]
For the purposes of this Chapter, the following terms shall
have the following meanings:
Any species of vertebrate except Homo Sapiens.
Any domestic animal:
With a known propensity, tendency or disposition to attack unprovoked,
to cause injury to or otherwise threaten the safety of human beings
or domestic animals;
Which, because of its size, physical nature or vicious propensity,
is capable of inflicting serious physical harm or death to humans
and which would constitute a danger to human life or property if it
were not kept in a manner required by this Chapter;
Which, without provocation, attacks or bites or has attacked
or bitten a human being or domestic animal; or
Harbored primarily or in part for the purpose of fighting or
any animal trained for fighting.
All members of the classification Felis Domesticus, male
or female, four (4) months of age or older.
A certificate issued at the time of the vaccination of a
dog, puppy, cat or kitten and bearing thereon information required
by the City Health Commissioner including, but not limited to, the
signature of the veterinarian performing the vaccination, the registration
number, the name, color, breed and sex of the dog, puppy, cat or kitten,
the name and address of a person responsible for the dog, puppy, cat
or kitten, the date of the vaccination and the type of vaccine administered.
The Compendium of Animal Rabies Vaccines prepared by the
National Association of State Health Veterinarians, Inc., issued January,
1999, a copy of which has been filed with the Administrative Director
of St. Louis County.
All members of the classification Canis Familiaris, male
or female, four (4) months of age or older.
To include dogs, puppies, cats, kittens and all animals commonly
referred to as farm animals regardless of age including, but not limited
to:
CATTLEAll bovine animals of the genus Bos;
FOWL: Any of several domesticated gallinaceous
birds including, but not limited to, all geese, ducks, chickens, turkeys,
hens, roosters, ganders, gobblers;
GOATS: Any of the various hollow-horned ruminant
mammals (especially of the genus Capra) related to sheep.
HORSES: All equine animals of the family Equidae;
SHEEP: Any of the ruminant mammals of the genus
Ovis; and
SWINE: Any of the various stout-bodied short-legged
omnivorous mammals of the family Suidae.
To put to death in a humane manner, taking into account the
circumstances necessitating the euthanasia and the need to protect
the public health.
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.
To apprehend, seize, catch, trap, net, quarantine, tranquilize
or confine an animal in a humane manner.
Any facility designated by the Health Commissioner for the
purpose of confining animals impounded pursuant to this Chapter.
All members of the classification Felis Domesticus, male
or female, under the age of four (4) months.
Includes any person, firm, association, partnership or corporation
which owns, harbors, shelters, keeps, controls, manages, possesses
or has part interest in any animal. An occupant of any premises on
which a dog, puppy, cat or kitten remains or to which it customarily
returns is a person responsible for it under this Chapter. If a person
under the age of seventeen (17) years owns an animal subject to the
provisions of this Chapter, the head of the household of which such
person under the age of seventeen (17) years is a member shall be
the person responsible under this Chapter. Such household head may
himself/herself be under the age of seventeen (17) years and therefore
subject to prosecution under this Chapter. If not a member of a household,
a person under the age of seventeen (17) years shall himself/herself
be the responsible person. There may be more than one (1) person responsible
for an animal.
All members of the classification Canis Familiaris, male
or female, under the age of four (4) months.
An animal that has been rendered incapable of reproduction
by either chemical or surgical means.
Any object, regardless of shape and material, which bears
a registration number and the words (or their abbreviations) "Rabies
Vaccination-Registration" which has been issued by the Health Commissioner
pursuant to this Chapter. A tag expires when the duration of the immunity
as noted on the registration certificate is exceeded.
The injection by a veterinarian of a specified dose of anti-rabies
vaccine into the body of an animal. In order to be a valid vaccination
under this definition, the anti-rabies vaccine shall be of a type
specified by the Compendium, stored in accordance with the manufacturer's
recommendation and administered in a manner and at the ages and frequency
that is prescribed by the Compendium.
Unless specifically indicated, veterinarian means any veterinarian
holding a current Missouri license or any person acting under the
direct supervision of a veterinarian who has a valid Missouri license.
[CC 1996 §225.010; CC 1981 §250.010; Ord. No. 258 §3, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
Every resident person who owns, controls, manages, possesses
or has part interest in any dog or cat kept any time during the year
or who permits a dog or cat to come upon, on or in and to remain in
or about his/her home, place of business or other premises in the
area affected by this Chapter shall have such dog or cat vaccinated
against rabies, but such vaccination requirements shall not apply
to dogs or cats less than four (4) months of age. Such dogs or cats
must be vaccinated at least once each year unless a three (3) year
type vaccine, approved by the Health Commissioner of the City or his/her
duly appointed agent, is administered, in which case the dogs or cats
shall be vaccinated at least once every three (3) years.
[CC 1996 §225.020; CC 1981 §250.020; Ord. No. 43 §2, 7-9-1952; Ord. No. 258 §4, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
A.
An
annual license fee of one dollar ($1.00) for each dog or cat is hereby
imposed upon every resident person who owns, controls, manages, possesses
or has part interest in any dog or cat four (4) months of age or older
kept any time during the year or upon every resident person who permits
a dog or cat four (4) months of age or older to come upon, on or in
and to remain in or about his/her home, place of business or other
premises in the area affected by this Chapter.
B.
An
applicant for a dog or cat license for any dog or cat shall present
to the Licensing Official (City Clerk or his/her duly appointed assistant)
a certificate of vaccination against rabies signed by a licensed veterinarian,
which certificate shall have been executed some time during the previous
thirty-six (36) month period if a three (3) year type vaccine approved
by the City Health Commissioner was administered or during the previous
twelve (12) month period for all other vaccines and which certificate
shall bear thereon information as to the type vaccine used, sex of
the dog or cat and, if a female, whether or not it has been spayed.
Said Licensing Official shall not issue a license unless such certificate
shall be presented.
C.
Applications
for a dog or cat license shall be made and the license obtained on
or before the first (1st) day of June of each year for the succeeding
twelve (12) month period. Application shall state name and address
of the owner of such animal, color and species and the number and
place of issuance of any previous license obtained for such animal.
The Clerk shall furnish numbered application forms. Application shall
be signed by the applicant. Separate applications shall be made for
each animal and separate license shall be obtained for each animal.
The full license fee shall be paid and collected for part of a year.
D.
The
transfer of ownership or custody of any dog or cat shall be reported
to the Licensing Official by the transferee within ten (10) days after
such transfer by written notice at which time the transferee shall
pay the Licensing Official a transfer fee of twenty-five cents ($.25).
E.
There
shall be no charge for a license for any dog duly and properly trained
to assist blind persons when any such dog is actually being used by
a blind person for the purpose of aiding or assisting such blind person
in going from place to place.
F.
Any
owner of a dog or cat who suffers the loss of his/her dog or cat license
tag shall report said loss promptly to the Licensing Official and
exhibit the original license at which time he/she shall be issued
a new license tag at a cost of twenty-five cents ($.25).
[CC 1996 §225.030; CC 1981 §250.030; Ord. No. 43 §3, 7-9-1952]
All fees collected by the City Clerk shall be reported and certified
in writing to the City Council and paid into the City Treasury on
the first (1st) day of each month.
[CC 1996 §225.040; CC 1981 §250.040; Ord. No. 258 §5, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
The City Clerk shall have prepared dog or cat license plates
made of metal or other suitable material to be issued to applicants
securing a license. Such license plates shall be numbered and the
numbers thereon shall correspond to the number appearing on the license
and on the application for such license. Such license plate shall
be securely fastened on the collar or harness of the dog or cat for
which the license is issued and shall be worn at all times.
[CC 1996 §225.050; CC 1981 §250.050; Ord. No. 258 §6, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
All female dogs or cats shall be kept securely confined in an
enclosed place while in heat.
[CC 1996 §225.060; CC 1981 §250.060; Ord. No. 258 §7, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
A.
Members
of the Police Department and St. Louis County Animal Control Officers
shall have the power to catch, confine and impound dogs or cats and
other animals as follows:
1.
All dogs or cats which are required to have licenses and which are
without a license displayed in the manner provided herein.
2.
All female dogs or female cats, licensed or unlicensed, not securely
confined in an enclosed place while in heat.
3.
All dogs or cats or other animals affected with rabies and all dogs
or cats and other animals suspected by him/her or such employee to
be exposed to or affected with rabies including dogs or cats or other
animals known to have been bitten by a rabid animal, whether such
dog or cat or other animal is running at large or on a leash and whether
it is licensed or unlicensed.
4.
All dogs or cats with vicious propensities.
B.
Dogs
or cats or other animals impounded in accordance with this Section
shall be impounded in the County dog pound or elsewhere under the
supervision of and in a manner satisfactory to the Mayor.
[CC 1996 §225.090; CC 1981 §250.090; Ord. No. 43 §12, 7-9-1952]
Members of the Police Department and St. Louis County Animal
Control Officers shall have the power to confine, isolate or impound
any domestic animal subject to rabies and affected with rabies or
suspected of being rabid or exposed to the disease other than animals
of the canine species. The owner or any person having custody of any
such domestic animal affected with rabies, suspected of being rabid
or exposed to the disease shall be required to report the same immediately.
Any member of the Police Department shall immediately take such domestic
animal into custody and if found to be rabid or exposed to the disease,
shall in their discretion destroy such domestic animal or have such
domestic animal confined by the owner thereof under the supervision
and direction in a manner satisfactory to the Health Commissioner,
his/her duly appointed agent or member of the Police Department.
[CC 1996 §225.100; CC 1981 §250.100; Ord. No. 258 §10, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
Whenever rabies becomes prevalent in any locality within the
County subject to this Chapter, the Mayor may issue a quarantine order.
A quarantine order shall direct the owner or person having custody
of any dog or cat to securely confine or restrain on a leash in the
hands of a competent person such animal during the period of quarantine.
Such quarantine order shall be published once in the paper officially
publishing the business of the City; and in the absence of such paper,
shall be posted as in case of sales of personal property. The Mayor
is authorized by proclamation, to terminate any such quarantine whenever,
in his/her judgment, the necessity for it no longer exists.
[CC 1996 §225.110; CC 1981 §250.110; Ord. No. 258 §11, 2-28-1966]
It is unlawful for any person to conceal an animal or interfere
with the Police Department and St. Louis County Animal Control Officers
in the performance of their legal duties as provided in this Chapter.
Members of the Police Department and St. Louis County Animal Control
Officers shall have the right of entry to any unenclosed lots or lands
for the purpose of collecting any stray or unlicensed dog or other
animal. The City Health Commissioner, his/her duly appointed representative
or members of the Police Department shall have the right of entry
to any property or premises within any quarantined area during the
period of such quarantine for the purpose of examining or obtaining
any dog suspected of having rabies or having been exposed to rabies.
[Ord. No. 1260 § 1, 7-10-2017[1]]
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.
A person is guilty of animal abuse if he or she:
D.
Animal neglect, animal abandonment, and animal abuse not otherwise
charged as a felony under Section 578.012.1(2), RSMo., are ordinance
violations.
1.
For a first offense of animal neglect or animal abandonment,
the penalty upon conviction shall be 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. For a second or subsequent
offense, the penalty upon conviction shall be 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. All fines and
penalties for a first 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.
2.
For the offense of animal abuse, the penalty upon conviction
shall be 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.
E.
In addition to any other penalty imposed by this Section, the court
may order a person found guilty of animal neglect or animal abandonment
or animal abuse 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.
[1]
Editor's Note: Ord. No. 1260 also changed the title of
this Section from "Animal Neglect or Abandonment" to "Animal Neglect,
Abandonment, And Abuse."
[CC 1996 §225.130; CC 1981 §250.130; Ord. No. 258 §13, 2-28-1966]
A.
It
shall be the duty of any person bitten by any animal or the parent
or guardian of any minor child bitten by an animal to report the same
to the County Department of Public Health immediately. Such report
shall contain the name and address of the owner and of the animal,
the day and time bitten, the location where bitten and a general description
of the animal.
B.
The
City Health Commissioner, any person designated by him/her or members
of the Police Department shall immediately take said animal into custody
or have the same confined by the owner thereof for ten (10) days under
the supervision of the St. Louis County Department of Public Health
to determine whether such animal be affected with rabies. If the owner
shall not confine such animal in a manner satisfactory to the County
Health Department, such animal shall be forthwith surrendered to the
City Health Commissioner, a person or persons designated by him/her
or members of the Police Department upon demand.
[CC 1996 §225.150; CC 1981 §250.150; Ord. No. 43 §11, 7-9-1952; Ord. No. 258 §15, 2-28-1966]
Any person destroying an animal affected with rabies or suspected
of being affected with rabies shall immediately notify the County
Department of Public Health and shall surrender the carcass of such
animal upon demand. The owner or custodian of any such destroyed animal
shall immediately provide the County Department of Public Health with
full particulars thereof, including the time, date, location, the
names and addresses of any person bitten by said animal and also the
name and address of the owner or the person having custody of any
animal exposed to the animal destroyed. No person shall destroy any
animal suspected of being rabid unless it cannot be confined with
undue risk of exposure to the disease.
[CC 1996 §225.160; Ord. No. 1069 §4, 1-26-2004]
When a bad animal is kept upon any premises, it shall be the
duty of the owner and of the keeper of such animal to post a notice
on the premises conspicuously visible to the public and reading in
letters not less than two (2) inches high warning of the presence
of the bad animal. The notice shall refer specifically to the genus
of the bad animal (e.g., "Bad Dog Here" or "Beware Bad Dog"). A similar
sign is required to be posted on the pen or kennel of the animal.
In case a minor is the keeper or owner of such animal, the duty of
posting this notice shall devolve upon the adult person in whose family
the minor lives or who is in charge of the premises where such animal
is kept.
[CC 1996 §225.170; CC 1981 §250.170; Ord. No. 258 §17, 2-28-1966; Ord. No. 572 §1, 1-18-1982; Ord. No. 1069 §2, 1-26-2004]
A.
It
shall be unlawful for any person or persons owning, controlling, possessing
or having the management or care, in whole or in part, of any dog
or cat, whether licensed or not, to permit the dog or cat to go off
the premises of the owner or keeper thereof, unless it is securely
tied or led by a line or leash of a length no more than six (6) feet
and said line or leash is held by a person of not less than fifteen
(15) years of age. Any person charged with the violation of any provision
of this Section shall upon conviction thereof be guilty of an ordinance
violation and upon conviction shall be subject to a fine as hereinafter
provided.
[Ord. No. 1230 §1, 2-23-2015]
A.
It shall be unlawful for any person owning, controlling, possessing,
or having the management or care, in whole or in part, of any dog
to permit said dog to be in the front yard of any premises unless
the dog is:
[CC 1996 §225.250; CC 1981 §250.250; Ord. No. 717 §§1 — 8, 6-20-1988; Ord. No. 1069 §5, 1-26-2004]
A.
The
owner of a bad animal shall not suffer or permit the animal to go
unconfined. A bad animal is unconfined if the animal is not securely
confined indoors or confined in a securely enclosed and locked pen
or structure upon the premises of the owner of the animal. The pen
or structure must have secure sides and a secure top attached to the
sides. If the pen or structure has no bottom secured to the sides,
the sides must be embedded into the ground no less than one (1) foot.
All such pens or structures must be adequately lighted and kept in
a clean and sanitary condition.
B.
The
owner of a bad animal shall not suffer or permit the animal to go
beyond the premises of the owner unless the animal is securely muzzled
and restrained by a chain or leash and under the physical restraint
of a 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 human or animal.
C.
Owners
of bad animals must provide proof to the City Clerk of the City of
Breckenridge Hills of public liability insurance in the amount of
at least fifty thousand dollars ($50,000.00) insuring the owner for
any personal injuries inflicted by the bad animal.
D.
Any person who violates any of the provisions of this Section shall be deemed guilty of an ordinance violation and shall be subject upon conviction to being fined or imprisoned in accordance Section 100.090 of the Municipal Code. Each day that such violation continues shall be deemed a separate offense.
A.
Any
person who:
1.
Owns, possesses, keeps or trains any dog with the intent that such
dog shall be engaged in an exhibition of fighting with another dog;
2.
For amusement or gain causes any dog to fight with another dog or
causes any dogs to injure each other; or
3.
Permits any act as described in subdivision (1) or (2) of this Subsection
to be done on any premises under his/her charge or control or aids
or abets any such act is guilty of a Class D felony.
B.
Any
person who is knowingly present, as a spectator, at any place, building,
or structure where preparations are being made for an exhibition of
the fighting of dogs, with the intent to be present at such preparations,
or is knowingly present at such exhibition or at any other fighting
or injuring as described in subdivision (2) of Subsection (1) of this
Section, with the intent to be present at such exhibition, fighting,
or injuring is guilty of an ordinance violation.
C.
Nothing
in this Section shall be construed to prohibit:
1.
The use of dogs in the management of livestock by the owner of such
livestock or his/her employees or agents or other persons in lawful
custody of such livestock;
2.
The use of dogs in hunting; or
3.
The training of dogs or the use of equipment in the training of dogs
for any purpose not prohibited by law.
[CC 1996 §225.180; CC 1981 §250.180; Ord. No. 258 §18, 2-28-1966; Ord. No. 1069 §2, 1-26-2004]
In any prosecution charging a violation of Section 205.140 hereunder, proof that a dog or cat was running off the premises in violation of said Section, together with proof that the defendant named in the complaint was, at the time described in the complaint, the owner or keeper of such dog or cat, shall constitute a prima facie presumption that said owner or keeper was the person who permitted said dog or cat to go off the premises.
[CC 1996 §225.190; CC 1981 §250.190; Ord. No. 309 §1, 1-11-1971; Ord. No. 1069 §2, 1-26-2004]
It shall be unlawful for any person owning or having charge
of any dog or cat or domestic animal of any kind, even though the
same may be kept penned or confined within the City, to allow or permit
the same to give forth or cause any loud or unusual noises or to cause
any ill-smelling, nauseous or obnoxious odor. If such person owning
or having charge of any such dog or cat or domestic animal which causes
or creates any such noise or odor shall cure, remedy and entirely
alleviate such odor or noise within ten (10) days after the service
of a notice to do so upon him/her by any member of the Police Department,
no punishment shall be inserted or imposed against such person. If
such odor or noise is not cured, remedied and entirely alleviated
in ten (10) days after the service of such notice, such person shall
be deemed guilty of an ordinance violation.
[CC 1996 §225.200; CC 1981 §250.200; Ord. No. 309 §2, 1-11-1971; Ord. No. 1069 §§2 — 3, 1-26-2004]
It shall be unlawful for any person at any time to keep, harbor
or house in his/her premises or on the premises of others, within
the City, more than three (3) dogs or cats or other domestic animals.
Upon the birth of a litter of young puppies or kittens or other domestic
animals, it shall be permitted under this Section that such litter
may be kept together with their mother until they reach the age of
four (4) months. This Section shall not apply to a duly licensed animal
shelter or a duly licensed kennel.
[CC 1996 §225.210; CC 1981 §250.210; Ord. No. 309 §3, 1-11-1971; Ord. No. 1069 §2, 1-26-2004]
No person shall refuse to deliver to the Health Commissioner
or any person designated by the City Council any dog or cat or other
animal which such person owns or has in his/her possession when requested
to do so under the provisions of this Chapter.
[CC 1996 §225.220; CC 1981 §250.220; Ord. No. 258 §19, 2-28-1966]
The City Health Commissioner shall be responsible for the administration
of this Chapter and shall have and possess all the powers necessary
to the effective administration and enforcement thereof. The dog licenses
shall be issued and the fees collected therefor by the City Clerk
or a person or persons designated by him/her. Procedures governing
the issuance of such licenses and collection of such fees and payments
shall be established by the City Health Commissioner with the approval
of the Mayor and the City Clerk.
[CC 1996 §225.230; CC 1981 §250.230; Ord. No. 309 §4, 1-11-1971]
The City of Breckenridge Hills may contract with the County
of St. Louis, Missouri, or any other person or persons or agency for
the services, facilities or functions required for the enforcement
of this Chapter and may renew same from time to time upon the terms
and conditions as being agreed upon by and between the City Council
of the City and the County of St. Louis, Missouri, or other person
or persons or agency designated to render such service, facilities
or functions.
[CC 1996 §225.240; CC 1981 §250.240; Ord. No. 600 §1, 6-20-1983]
A.
Any
person violating the provisions of this Chapter, other than those
for which a penalty is specifically provided, shall upon conviction
be fined in accordance with the following schedule:
1.
For the first (1st) offense, the fine shall be not less than twenty-five
dollars ($25.00) nor more than one hundred dollars ($100.00).
2.
For the second (2nd) offense, the fine shall be not less than seventy-five
dollars ($75.00) nor more than one hundred fifty dollars ($150.00).
3.
For the third (3rd) offense, the fine shall be not less than one
hundred fifty dollars ($150.00) nor more than three hundred dollars
($300.00).
4.
For any offense after the third (3rd) offense, the fine shall be
not less than three hundred dollars ($300.00) nor more than one thousand
dollars ($1,000.00).
B.
Each
day that a violation shall continue shall be deemed a separate offense.
Only those prior convictions occurring within two (2) years of the
date on which a fine is being assessed shall be considered hereunder
for purposes of determining the number of offenses chargeable to the
offender.
No person shall own, keep, control or harbor within the City any cattle, horses, swine, sheep or goats as defined in Section 205.005.
[Ord. No. 1302, 9-21-2020]
A.
Limitations
On Keeping Domestic Fowl. It shall be unlawful for a person, other
than a veterinary hospital or pet shop, to keep domestic ducks geese
rooster(s), ganders, gobblers, guinea fowls, chickens or turkeys ("domestic
fowl") within the City for commercial or resale purposes. It shall
be unlawful for a person to keep more than five (5) domestic fowl
as pets or for domestic egg production. No crowing geese, turkeys,
roosters, ganders, gobblers or guinea fowls may be kept by any residence.
Domestic fowl, including chickens, non-crowing hens and ducks, kept
as pets or for domestic egg production or otherwise must be adequately
confined within the private property boundaries of the owner's yard
sufficient to prevent their escape. Any person desiring to keep domestic
fowl may do so only upon obtaining a permit for same from the City.
B.
Permit
Required. No person may keep upon his/her premises any domestic fowl
except as provided in this Section.
1.
Any person desiring to keep any domestic fowl within the City shall
file with the City Clerk a written application for a permit, accompanied
by a non-refundable application fee in the amount of fifty dollars
($50.00) plus an additional ten dollars ($10.00) for each additional
fowl.
2.
Permits granted under this Section may not be transferred to a new
owner.
3.
Approval of the permit will be granted upon successful completion
of an inspection(s) by the Buildings and Parks Director. If multiple
inspections are required, an additional fee of thirty-five dollars
($35.00) per inspection shall be charged. Each permit shall be for
a term of three (3) years from the date thereof, unless sooner revoked
as provided herein. A successive permit for an additional period of
three (3) years may be issued through the same procedures for an initial
application.
C.
Permit
Criteria And Performance Standards. A permit may be issued by the
City Clerk if all of the following conditions are satisfied:
1.
Domestic fowl may be kept for purely domestic purposes only. No animals
or eggs may be sold to any person not a resident of the premises where
kept.
2.
The domestic fowl shall be safely and securely confined within an
enclosed area containing a coop. The coop must have a hard roof, and
the coop and enclosed area must be completely secured from predators.
No more than one (1) coop is allowed per permitted parcel. The domestic
fowl shall not be permitted to run at large in or upon the public
streets, open lots or private properties of the City, other than that
of the owner.
3.
The appearance of the coop and enclosure, and the materials used
to construct the coop and enclosure shall resemble backyard coops
which are sold in the commercial marketplace. The coop and enclosed
area shall appear professional in design and workmanship. It shall
be constructed with proportional dimensions. Plastic tarp roofs, junk
and materials not commercially used for coops and enclosures are not
allowed. Adequate food and water shall be provided daily and water
must be kept from freezing. Food should be supplied for the fowls
using a dish or feeder, as ground feeding is not permitted.
4.
The coop and enclosed area shall be maintained in a ventilated, clean,
safe and sanitary condition containing adequate space for humane treatment
with adequate food and water provided daily. The water must be kept
from freezing. Food should be supplied to the fowl using a dish, coop
or feeder. Ground feeding shall be prohibited. The coop and enclosed
areas shall be maintained in good repair and free of noxious odors.
5.
The coop and enclosed area shall be designed and maintained at all
times to effectively prohibit accessibility by predators.
6.
Coops and enclosed areas shall be located only in the rear/side yard.
Coops and the material establishing the boundaries of the enclosed
areas shall meet all rear and side yard setback requirements for accessory
structures in accordance with the zoning district in which the property
is located. Coops and enclosed areas shall not be visible from adjoining
properties at ground level or from any street, public or private,
through the proper use of fencing, walls, berms, or densely planted
vegetation, or any combination thereof.
a.
If vegetation is used, it shall be planted in a designated buffer
strip at least three (3) feet in width along the side and rear property
lines, and across the side yards to obscure visibility from the street.
Said area shall be so designed and planted as to be one hundred percent
(100%) opaque when viewed horizontally by a person standing at ground
level, at a height no less than six (6) feet from ground level, at
the time of planting. Existing vegetation, alone or in combination
with a fence or wall, that achieves the vegetative opacity and minimum
height requirements set forth herein, may be approved by the Planning
Director in lieu of the minimum buffer width standards.
b.
An opaque fence or wall no less than six (6) feet in height, surrounding
the rear yard, may also serve to create an enclosed area for domestic
fowl. Fence and wall construction shall meet all standards pursuant
to the City's fence standards and shall be permitted separately. Fences
and walls used in this manner may be located on the property line.
7.
Any manure or waste shall be collected and properly removed from
the premises or tilled into the soil on the premises promptly and
regularly to prevent offensive smells or conditions conducive to disease.
8.
Food for domestic fowl shall be stored in a container which is kept
dry and sanitary and in a rodent-, insect- and leak-proof condition
at all times.
9.
No person shall keep domestic fowl in a manner so as to create a nuisance as defined in Chapter 215, Nuisances, of the City Code.
10.
The keeping of domestic fowl pursuant to a permit issued under this
Section shall comply with all ordinances of the City.
11.
By applying for a permit under this Section, the property owner authorizes
City officials, at all reasonable times and in a reasonable manner,
to enter upon and inspect the property with respect to which the permit
is applied for to determine whether the keeping of domestic fowl violates
this Section or any other applicable ordinances.
12.
No slaughtering of any fowl is permitted in the City.
13.
No fighting and/or aggressive fowl is permitted in the City nor may
they be kept in the City.
D.
Revocation
Of Permits To Keep Domestic Fowl.
1.
In addition to any other penalty provided by law for violation of
this Section or any other provision of this Code of Ordinances, if
the holder of a permit allows any nuisance or unsanitary condition
to exist upon the premises, or any violation of this Section, any
of the conditions or performance standards provided herein, or other
applicable laws, to exist after notice of violation from the City,
then such permit for domestic fowl may be disciplined or revoked after
hearing, upon determination by the Building and Parks Director or
designee that such domestic fowl is being maintained in an unsanitary
condition, or in violation of this Section, any of the conditions
or performance standards provided herein, or other applicable laws.
All domestic fowl must be disposed of or removed from the City no
more than ten (10) days following receipt of notice of revocation
after hearing from the City.
2.
Any applicant or permit holder aggrieved by a decision of: (a) the
City Clerk in regard to issuance of a permit, or (b) the Building
and Parks Director or designee in regard to discipline or revocation
of a permit may appeal the decision to the City Council within five
(5) business days of said decision by filing a written request for
reconsideration and appeal setting forth in a thorough and concise
manner the decision being appealed and all grounds known to the appellant
as to wherein and why the decision is allegedly in error. The City
Council may consider the appeal on the record of the prior decision
or may, at the Council's discretion, receive additional evidence in
such manner as deemed appropriate in light of the circumstances.
[Ord. No. 933 §1, 8-21-1995]
It shall be unlawful for any person owning, controlling, possessing
or having the management or care, in whole or in part, of any animal,
whether licensed or not, to allow or permit such animal to defecate
upon any private property owned by another or public property, unless
such person shall immediately remove all feces deposited by such animal.
