[Ord. No. 828, 11-1-2013]
As used in this Chapter, the following terms shall have the
meanings indicated:
The primary structure on a lot used for dwelling purposes.
Female domestic members of the genus Gallus gallus.
The Code Enforcement Officer of the City or such other official
designated by the Mayor.
Any animal or fowl trained or adapted to live in a human environment and be of use to humans, but shall not include common household pets typically and legally sold in pet stores and kept by members of the public at large such as dogs and cats, which are regulated in Chapter 205, caged birds (parrots and parakeets, etc.), small caged animals (hamsters, rabbits, gerbils, etc.), and aquarium animals (fish, non-venomous small reptiles) or service animals specially trained to do work or perform tasks which benefit a particular person with a disability and excluding all animals defined in this Section below.
A common water bird with webbed feet, short legs, and a broad
flat beak, but shall include only males and females of domestic breeds
known to be not noisy.
Any area approved by a valid City permit that restrains any
domestic animals and fowl other than a shelter.
A bird of any kind.
Any of a breed of small pigs originating in southeastern
Asia and having a straight tail, potbelly, swayback, and black, white,
or black and white coat. This definition shall also include the breed
of pig commonly referred to as "miniature pig," "teacup pig" and/or
"micro pig."
Any act defined as a public nuisance in this Code.
Any structure, including but not limited to a building, shed
or coop used for the containment or protection of domestic animals
and fowl from weather and predators, but does not include an enclosure
as defined herein and is more substantial than an enclosure.
Any portion of a lot that is free of any building, structure,
or similar improvement.
[Ord. No. 828, 11-1-2013]
A.
No person may keep upon his premises any domestic animal or fowl
except as provided in this Chapter.
B.
No permitted domestic animal or fowl shall be used or maintained
for commercial purposes, including but not limited to breeding, slaughter
and product sale.
C.
In addition to complying with the terms of this Chapter, the location,
size, number and construction of enclosures and shelters shall comply
with all building and zoning codes of the City.
D.
When a conflict occurs between this Chapter and any other City Code,
the most stringent regulation shall apply.
E.
Adequate shelters and enclosures shall be provided for all permitted
domestic animals and fowl. Shelters and enclosures shall be constructed
to prohibit each domestic animal and fowl from running at large or
taking flight and to protect each domestic animal and fowl from predators
and natural elements.
G.
Notwithstanding any provision to the contrary herein, no shelter
shall be located within fifty (50) feet of any portion of any building
intended for human habitation on a lot other than the one upon which
the shelter is located.
I.
No enclosure shall be located within five (5) feet of a lot line.
J.
Unless specifically allowed in other regulations herein, no domestic
animal or fowl may be kept in any building or structure used or intended
to be used for human habitation.
K.
Every premises and every shelter on or in which any domestic animal
or fowl is kept shall be maintained in a clean and sanitary condition
and 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 domestic animal or fowl 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.
L.
The presence of numerous flies or the presence of fly larvae in the
vicinity of any such premises, enclosures or shelters shall be evidence
of a lack of sanitary maintenance of the premises, and shall constitute
a public nuisance.
M.
Where manure will remain on the premises in excess of twenty-four
(24) hours, a fly-proof receptacle shall be provided for containing
such manure. Any unnecessary accumulation of debris, refuse, manure
or other removable material upon any surface within or on any such
enclosure or shelter, or within the area around the enclosure or shelter,
shall be evidence of a lack of sanitary maintenance of the premises,
and shall constitute a public nuisance.
N.
Any obnoxious odor discernible at the lot line or allergen arising
from any condition existing within the enclosure or within the shelter
used or intended to be used for the keeping or housing of permitted
domestic animals or fowl shall be evidence of a lack of sanitary maintenance
of the premises, and shall constitute a public nuisance.
O.
All premises, enclosures or shelters used or intended to be used
for the keeping or housing of any such domestic animals or fowl 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 Chapter. 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.
P.
Enclosures shall be properly vegetated and/or maintained to prevent
erosion.
Q.
Areas containing any enclosure, shelter 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.
R.
Deceased domestic animals and fowl must be disposed of either through
burial or incineration in accordance with Federal, State, and County
regulations.
S.
Slaughter within the City is prohibited.
T.
All enclosures and shelters, refuse containers, and all feed containers
intended for the use of domestic animals and fowl 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 shelter shall
be smooth and tight, and maintained so as to prevent accumulation
of filth or water or harboring of vermin thereunder.
[Ord. No. 828, 11-1-2013]
The Code Enforcement Officer shall administer, enforce and carry
out the provisions of this Chapter regarding domestic animals and
fowl.
[Ord. No. 828, 11-1-2013]
A.
Any person desiring to keep any domestic animal and/or fowl that
is herein regulated, shall file a permit application with the City.
The permit application shall contain sufficient information for the
Code Enforcement Officer to determine compliance with this Chapter.
The application shall include but not be limited to the following
information:
1.
Name, address and phone number of the applicant.
2.
Location and the facilities to be provided.
3.
Size of the lot of the applicant.
4.
Number and type of each domestic animal or fowl to be kept.
5.
Purpose of the keeping.
6.
Names and telephone numbers of persons who can respond to any
emergency involving the animals in the owner's absence.
7.
Length of time applicant has resided at current address. If
less than twelve (12) months, previous address.
8.
Site plan showing, to scale, the location of the enclosure and
shelter, not to exceed one hundred (100) square feet, and the distances
from each lot line and habitable building on adjacent lot.
9.
Details of the materials and dimensions of the enclosure and
shelter.
B.
The Code Enforcement Officer shall decide whether the application
meets the terms and conditions of this Chapter.
C.
Each permit shall be for a term of three (3) years, unless sooner
revoked by the Code Enforcement Officer or such person designated
by the Code Enforcement Officer. Each application and renewal shall
require an inspection of the premises by the Code Enforcement Officer
or his/her designee to confirm compliance with this Chapter, and a
permit shall not be issued or renewed if a premises is found not to
comply. Each inspection shall require a thirty-dollar inspection fee.
D.
No permit shall be issued to any owner-occupant or tenant on premises
that have an existing or pending building or housing code violation
within the twelve (12) months immediately preceding the date of the
application for such permit.
E.
A permit for any domestic animal, fowl, or chicken 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 owner shall take such steps as health officials of the County,
State or Federal government instruct with regard to the quarantine
or destruction of any such domestic animal, fowl or chicken.
F.
Except as provided above, if the holder of a permit allows an unsanitary
condition, or any violation of this ordinance to exist for more than
fourteen (14) calendar days after notice from the City, then such
permit for any domestic animal, fowl or chicken shall be revoked subject
to appeal as set forth herein.
G.
If a permit is denied or revoked, no application for a new permit
may be made for three (3) years from the date of denial/revocation.
H.
Revocation Appeal Hearing.
1.
The Mayor of the City or his/her designee shall be the hearing
officer.
2.
The holder of a permit may, within fourteen (14) days after
the notice of revocation, make a written request for appeal. Requests
for appeals of the revocation shall be directed through the Code Enforcement
Officer. The application for appeal shall include an application fee
of fifty dollars ($50.00).
3.
The applicant shall be given written notice of the date and
time of the hearing at least seven (7) calendar days before the date
of the hearing.
4.
A public hearing notice stating the date, time and location
of the hearing shall be posted on the lot at issue at least seven
(7) calendar days before the date of the hearing.
5.
After the hearing, upon a determination by the Mayor or his/her
designee, that such domestic animal, fowl or chicken is being maintained
in an unsanitary condition, or in violation of this Chapter, or other
laws applicable to such domestic animals or fowl, a letter of determination
shall be issued confirming revocation of the permit.
6.
All domestic animals or fowl must be disposed of or removed
from the City not more than fourteen (14) calendar days following
receipt of the letter of determination after hearing, unless circumstances
warrant earlier removal.
[Ord. No. 828, 11-1-2013]
A.
Chickens and ducks are limited to lots zoned single-family residential
and with valid occupancy permits and a minimum of five thousand five
hundred (5,500) square feet of unimproved land area. Chickens and
ducks on lots with less than five thousand five hundred (5,500) square
feet of unimproved land area are prohibited.
B.
No more than a combination of eight (8) female chickens (hens) or
ducks of any gender are 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.
[Ord. No. 828, 11-1-2013]
Goats are prohibited. All persons, firms, or corporations presently
keeping or maintaining up to the maximum of three (3) goats shall
comply with this Chapter through attrition (a reduction in numbers
as a result of death).
[Ord. No. 828, 11-1-2013]
A.
Potbellied pigs and/or teacup pigs are limited to lots zoned single-family
residential and with a valid occupancy permit and a minimum of five
thousand five hundred (5,500) square feet of unimproved land area.
Potbellied pigs and/or teacup pigs on lots with less than five thousand
five hundred (5,500) square feet of unimproved land area are prohibited.
B.
It shall be unlawful to keep more than two (2) potbellied pigs on
any lot within the City.
C.
All potbellied pigs shall be neutered or spayed.
D.
Each potbellied pig may be kept in a structure for human habitation.
E.
When outdoors, each pig shall be confined to an approved enclosure
or be kept on a suitable harness or leash not exceeding six (6) feet
in length.
[Ord. No. 828, 11-1-2013]
A.
Keeping Of Animals. All persons, firms, corporations,
or other entities currently keeping or maintaining any animal in a
number in excess of that which is permitted as of the date of enactment
of this ordinance shall come into compliance with this Chapter through
attrition (i.e., no animal in excess of the permitted number may be
replaced when that animal dies).
B.
Shelters.
1.
Discontinuance of shelter uses. The lawful
use of a shelter existing at the time of the effective date of this
Ordinance may be continued although such use does not conform to the
provisions hereof. If no structural alterations are made, a non-conforming
use may continue.
2.
Abandonment. In the event that a non-conforming
use of a shelter is discontinued for a period of twelve (12) months,
the location of the same enclosure or shelter shall thereafter conform
to the use permitted.
3.
Enlargement, extension, reconstruction, alteration. No existing shelter shall be enlarged, extended, reconstructed or
structurally altered, unless such use is changed to a use permitted
in this Ordinance.
[Ord. No. 828, 11-1-2013]
Any applicant may appeal the decision of the Code Enforcement
Officer denying a permit to the Board of Aldermen, if the applicant
believes the calculation of the square footage, distance from neighboring
dwellings or setbacks required were calculated in an error that resulted
in the denial of his or her application. The Board may affirm, reverse
or modify the decision of the Code Enforcement Officer based on its
review.
[Ord. No. 828, 11-1-2013]
A.
No person, firm, or corporation shall keep or maintain any horse,
pony, burro, mule or other equine within the City.
B.
All persons, firms, or corporations, presently keeping or maintaining
such animals shall comply with this Ordinance within one hundred eighty
(180) days after its passage and approval, as provided by law.
[Ord. No. 828, 11-1-2013]
As a condition of each permit issued hereunder, the Animal Control
Officer, official of the City, official of the St. Louis County Department
of Health, or any other person, firm, corporation, organization or
agency with which the City has contracted according to the provisions
of this Chapter, and Police Officers, while in pursuit of a domestic
animal or fowl running at large, shall have the right of entry to
any lots or lands, including those of the owner of such domestic animal,
for the purpose of collecting any domestic animal found in violation
of this Chapter.
[Ord. No. 828, 11-1-2013]
Any person who shall interfere with or obstruct a City Official
in the reasonable performance of his or her duty in apprehending any
domestic animal or fowl, or investigation under this Chapter, or any
person who shall refuse to deliver up his or her domestic animal or
fowl, upon request by a proper City official, whenever such official
has reasonable cause to believe that such animal or fowl is unlicensed
or such permit for keeping the animal or fowl has been revoked under
the provisions of this Chapter, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished as hereinafter provided.
[Ord. No. 828, 11-1-2013]
Any person who violates any provision of this Chapter may be
fined not more than one thousand dollars ($1,000.00) for each violation,
and each day or part of a day shall be considered a separate violation.
