City of Pevely, MO Article VI Chickens

Section 205.360 Keeping of Chickens for Residential Use Allowed on Lots of a Certain Size and Containing Single-Family Dwellings.

[Ord. No. 1312 §3, 9-16-2013]

A. Subject to the conditions set forth in this Article VI, any person is allowed to keep chickens on lots having ten thousand eight hundred ninety (10,890) or more square feet in total and containing a single-family dwelling.

B. Chickens may only be kept under this Article VI for residential use. Chickens may not be bred or maintained for commercial use nor may their by-products be sold.

C. Nothing in this Article VI supersedes subdivision covenant indentures or other private restrictions.

Section 205.370 Permit and Fees.

[Ord. No. 1312 §3, 9-16-2013]

A. Any person wishing to keep chickens must first obtain a special use permit, the form of which is set forth on Exhibit A.[1] The initial cost of a special use permit is one hundred dollars ($100.00). The permit fee shall not be prorated.

[1] Editor's Note: Exhibit A is available in the City offices.

B. A special use permit issued under this Section 205.370 is good for one (1) year from January 1 through December 31.

C. A special use permit issued under this Section 205.370 may be renewed for twenty-five dollars ($25.00). A person must renew the permit and pay the accompanying fee before January 1 of the year for which the renewed special use permit is sought.

D. A special use permit may not be reissued or renewed after it has been revoked in accordance with Section 205.430 of this Code.

E. Special use permits issued under this Article VI are non-transferable, either between persons or properties, and may not be sold or assigned.

F. Any fees collected by the Animal Control Officer, Code Enforcement Officer, or City Clerk from the issuance or renewal of special use permits or for violations of this Article VI shall be deposited in the General Fund of the City of Pevely.

Section 205.380 Required Permission.

[Ord. No. 1312 §3, 9-16-2013]

A. A person wishing to keep chickens must obtain written permission of the landowner of the property on which the chickens are to be kept, if not the same as the person seeking to keep chickens, and of all neighbors and landowners of all residentially zoned adjacent property if the adjacent properties are not owned by the person seeking to keep chickens. Permission from landowners that are the City, other political subdivisions or utilities is not required. All required permissions must be in writing submitted with the application for the special use permit and requisite fee. For purposes of this Article VI, "adjacent properties" means all parcels of property that the applicant's property comes into contact with at one (1) or more points, except for parcels that are separated from the applicant's property by a public or private street at all points in which the properties come into contact.

B. The permissions set forth in this Section 205.380 are required each time a special use permit is renewed, as set forth Section 205.370 of this Code.

Section 205.390 Number and Types of Chickens Allowed.

[Ord. No. 1312 §3, 9-16-2013]

A. No more than six (6) chickens may be kept on any lot on which chickens are allowed to be kept under this Article VI.

B. No roosters shall be allowed.

C. No non-domesticated chickens shall be allowed.

Section 205.400 Enclosure/Containment Regulations.

[Ord. No. 1312 §3, 9-16-2013]

A. All chickens must be kept in a chicken coop. Chickens are not permitted to be running at large.

B. Chicken coops may only be kept within a fenced rear yard. Chicken coops may not be located in front or side yards. Fence construction is subject to all applicable provisions of Pevely's fence provisions in this Code and shall be permitted separately.

C. Chicken coops must be situated at least thirty (30) feet from the property line.

D. Chicken coops must be a minimum size of six by six (6 x 6) feet with a minimum seven (7) feet of head space and provide adequate ventilation on two (2) sides of the chicken coop to allow for air movement. A chicken coop may not be more than eight (8) feet in height. Specifications of chicken coops and site plans must be submitted along with the special use permit application.

E. Chicken coops must have at least one (1) window to allow for light penetration.

F. All chicken coop doors must be able to be shut and locked.

G. All chicken coop openings shall be wildlife-, rodent-, and reptile-proof.

H. Chicken coops must be kept and maintained in a neat and sanitary condition at all times so as to prevent offensive smells, insects, and disease.

Section 205.420 Nuisances.

[Ord. No. 1312 §3, 9-16-2013]

A. In addition to the nuisances set forth in Section 215.010 of this Code:

1. Any chicken running at large constitutes a nuisance.

2. Any chicken discovered on any public sidewalk, street, alley, thoroughfare or any public way or public place or on the premises of any person other than the special use permit holder constitutes a nuisance. Such chickens may be impounded and treated as dogs and cats as set forth in Section 205.210.

3. Any obnoxious odor arising from the keeping of chickens constitutes a nuisance.

4. Any offensively loud noises arising from the keeping of chickens that can be heard by the human ear beyond the bounds of the property on which chickens are kept constitutes a nuisance.

5. Any accumulation of waste or refuse from the keeping of chickens constitutes a nuisance.

6. Any discharge of waste or foul liquids arising from the keeping of chickens upon any public or private property constitutes a nuisance.

Section 205.430 Inspection for Non-compliance and Permit Revocation.

[Ord. No. 1312 §3, 9-16-2013]

A. Issuance and acceptance of special use permits and/or renewed special use permits provides the permit holder's consent to the Animal Control Officer or Code Enforcement Officers' inspection of all places where chickens are kept for compliance with this Article VI, including for cleanliness, health, and sanitation purposes.

B. Investigation, notice, and hearing regarding sanitary issues, Code compliance, nuisance, or neighborhood complaints shall be given in accordance with Section 215.010(D). In addition to the abatement procedures outlined in Section 215.010(D), a special use permit may be revoked by the Animal Control Officer or Code Enforcement Officers based on sanitary issues, Code compliance, nuisance, or neighborhood complaints. Violators of this Article VI may also be subject to prosecution in Municipal Court and punishment as provided by law.

C. If a special use permit is revoked, the permit holder will have ten (10) days to remove the chickens, chicken coop, and all waste associated with keeping chickens. Failure to comply may result in fines up to five hundred dollars ($500.00) per day.

D. It shall be unlawful for any person to interfere with the Animal Control Officer or Code Enforcement Officers in enforcing this Article VI.

Section 205.440 Additional Provisions.

[Ord. No. 1312 §3, 9-16-2013]

A. All enclosures, waste containers, and feed containers used in the keeping of chickens shall be constructed and maintained in a way as to be wildlife-, rodent-, and reptile-proof.

B. Leftover chicken feed shall not be allowed to remain where it is accessible to wildlife, rodents, and reptiles.

C. Chicken waste shall be promptly removed and disposed of in a sanitary manner.

D. Chickens currently kept shall not be grandfathered or permitted to remain after the effective date of this Article VI unless brought into compliance within ninety (90) days from the effective date of this Article VI.