City of Mount Vernon, MO Article II Miscellaneous Animal Regulations

Section 205.080 Certain Animals Running At Large Prohibited.

[R.O. 2004 § 210.080; Ord. No. 3.04 §§ 1 — 6, no date; Ord. No. 3.36 §§ 1 — 2, 10-23-2007]

A. It shall be unlawful to permit any animal to run at large within the corporate limits of the City of Mount Vernon, Missouri, at any time.

B. If any animals be found at large within the scope of this Chapter within the corporate limits of the City of Mount Vernon, Missouri, it shall be the duty of the Chief of Police, Animal Control Officer or any Police Officer to take immediate charge of the same and to confine them in some secure place within the corporate limits of said City. Said officer shall use all reasonable efforts to determine and contact the owner of said animal. If said animal is not claimed by the owner within seven (7) days of being impounded, said officer shall take reasonable steps to have said animal adopted, placed in service training or taken to an animal shelter. The Animal Control Officer is authorized to photograph any animal kept at the pound for more than twenty-four (24) hours and cause that photograph to be added to the City's website for viewing by the general public. Reasonable steps to have the animal adopted include advertisements in newspapers, websites and social media sites and pages. An adoption fee may be assessed, payable to the City Collector, at the amount set forth in the fee schedule published by the City of Mount Vernon, and the adoptive owner is required to reimburse any sterilization fees incurred by the City for said animal. A copy of adoption papers shall be provided to the Chief of Police or his/her designee.

[Ord. No. 3.44 § 3, 5-26-2013]

C. Sterilization.

1. Pursuant to Section 273.403, RSMo., the City may not release a dog or cat for purchase or adoption without provisions being made for the sterilization of the animal. Such provisions may be made by:

a. Providing for sterilization by a licensed veterinarian before relinquishing custody of the animal; or

b. Entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed by a licensed veterinarian in compliance with a sterilization agreement which shall contain the following information:

(1) The date of the agreement;

(2) The name, address and signature of the adopting or purchasing party and name and signature of the officer signing on behalf of the City;

(3) A description of the animal to be adopted or purchased;

(4) A statement printed in conspicuous bold print that sterilization of the animal is required pursuant to Sections 273.400 to 273.405, RSMo.; and

(5) A sterilization completion date which shall be either:

(a) The 30th day after the date of adoption in the case of an adult animal; or

(b) The 30th day after a specified date estimated to be the date an adopted infant female or male puppy or kitten becomes six (6) months of age.

2. An adopter or purchaser that signs a sterilization agreement shall have the adopted animal sterilized on or before the sterilization date stated in the agreement. If the sterilization completion date stated in the agreement falls on a Saturday, Sunday or legal holiday, the deadline may be extended to the first day that is not a Saturday, Sunday or legal holiday. The City may extend the deadline for thirty (30) days on the presentation of a letter or telephone report by a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization, and there shall be no limit on the number of extensions that may be granted for this reason.

Section 205.090 Keeping Of Wild Animals.

[R.O. 2004 § 210.090]

A. No person or business shall keep any wild or dangerous animal for display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.

B. No person shall keep or permit to keep any wild animal as a pet.

C. Registration.

[Ord. No. 3.49 § 1, 4-14-2015]

1. No business shall keep any wild animal for sale without first applying for and receiving approval of a wild animal registration from the Code Enforcement Officer. The annual fee for registration shall be as set forth in the last schedule of fees approved by the Board of Aldermen and available at City Hall during normal business hours.

2. The registration fee shall be for a period of January 1 to December 31 of each year. Renewal applications for registrations shall be made by December 1 of each year. Application for a registration to keep wild animals for sale under the provisions of this Article may be made at any time during the year. Registrations issued during the year shall not be prorated. To comply with applicable State law, the applicant must provide a copy of the wild animal registration to the Mount Vernon Police Department.

3. Registration issuance shall be contingent upon the applicant meeting the following requirements:

a. Complying with the most current cage size standards of the American Association of Zoological Parks and Aquariums, Inc., and as specified in the most current version of the Federal Animal Welfare Act.[1] Cages must be located one hundred (100) feet from any property line.

[1] Editor's Note: See 7 U.S.C. § 2131 et seq.

b. Providing primary liability insurance or a surety bond to include bodily injury and property damage in the amount set forth in the last schedule of fees approved by the Board of Aldermen and available at City Hall during normal business hours. The insurance policy or bond shall contain a provision requiring the City of Mount Vernon to be notified by the issuing company prior to any cancellation, expiration or termination of said policy.

c. Satisfactory field inspection for sanitary and humane conditions.

d. Presenting to the Code Enforcement Officer all required State and Federal permits for each species.

e. Following specifications for humane handling, care, treatment and transportation of wild animals according to the requirements of the Federal Animal Welfare Act, as amended, and the Wildlife Code of Missouri.

Section 205.100 Keeping Animals Within City Limits.

[R.O. 2004 § 210.100; Ord. No. 3.45 § 1, 6-25-2013]

A. No livestock or farm animals, even if considered pets by the owner, shall be kept in any district not zoned for agricultural use, except as provided herein.

B. Chickens are allowed in R-1 districts, subject to the following limitations:

1. Chickens Allowed When.

a. Only female chickens are allowed, with no restriction as to breed.

b. It shall be unlawful for occupants to keep more than ten (10) chickens per dwelling.

c. It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.

d. It shall be unlawful to sell chickens or eggs at the residence.

2. Enclosures And Fencing.

a. Chickens shall be kept in a secured enclosure or fenced area at all times, and shall be secured within a henhouse, coop, or chicken tractor during non-daylight hours.

b. A permit shall be required for each henhouse, coop, or chicken tractor upon application to the Code Enforcement Officer with payment of the fee specified on the schedule of fees maintained by the City. The Code Enforcement Officer may require a drawing of the henhouse, coop or chicken tractor. The secured enclosure and any fenced area used by chickens shall provide safe and healthy living conditions for chickens while minimizing adverse impacts to other residents in the neighborhood.

c. The secured enclosure shall provide adequate ventilation, sunlight and shade, and shall be impermeable to rodents, wild birds and predators, including dogs and cats. It shall be enclosed on all sides and have a roof and one or more doors. Doors shall be latched during non-daylight hours. Openings, windows and vents shall be covered in predatorproof and birdproof wire of less than one-inch openings. The secured enclosure shall be kept dry and in a sanitary condition at all times.

d. Covered, fenced pens shall consist of sturdy wire and post or wooden fencing.

e. Enclosures shall be located to the defined rear of the property. No portion of the enclosure shall be within three (3) feet of a property line or within twenty-five (25) feet of any adjacent residential dwelling.

3. Sanitary Considerations.

a. Chickens shall have access to feed and clean water at all times. Feed shall be stored in such a way to prevent access by rodents, wild birds and/or predators.

b. The secured enclosure and covered, fenced pen shall be kept free from trash, garbage, and accumulated droppings. The chicken owner shall provide for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than ten (10) gallons of manure may be stored, and all other manure not used for fertilizer or compost shall be removed.

c. Odors from chickens, chicken manure or related activities shall not be detectable beyond the property boundaries.

d. The chicken owner shall take necessary action to reduce the attraction of predators, rodents and potential infestations of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by the Animal Control Officer.

e. Slaughtering of chickens may occur for personal use, provided it is conducted in a sanitary manner, does not generate noise that creates a nuisance, and is not visible from adjacent properties or any public area or right-of-way.

f. Dead chickens shall be disposed of within twenty-four (24) hours in accordance with the provisions of Chapter 269, RSMo. City employees will not remove dead chickens.

4. Enforcement.

a. It shall be unlawful for any person to keep chickens in violation of any provision of this Section.

b. It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on property in violation of any provisions of this Section.

c. It shall be unlawful to erect a henhouse, coop or chicken tractor in violation of any provisions of this Section.

d. Any violation of this Section that constitutes a health hazard or interferes with the use or enjoyment of neighboring property is a nuisance. That nuisance may be abated or prosecuted in accordance with Chapter 215 of this Code.[1]

[1] Editor's Note: See Ch. 215, Nuisances.

C. Backyard beekeeping is allowed in "R-1" districts, subject to the following limitations:

[Ord. No. 3.51, 2-27-2018]

1. Definitions. For the purpose of this Subsection the following words and phrases shall have the meanings respectively ascribed to them by this Subsection:

APIARY

The keeping or maintenance of bees in a collection of hives or colonies.

BACKYARD BEEKEEPING

The keeping or maintenance of an apiary as an accessory use.

BEE

Any stage of the common domestic honey bee (Apis Mellifera).

FLYWAY BARRIER

A six (6) foot high fence, wall or hedge placed between the hives and the adjacent lots or hives must be placed at a minimum height of eight (8) feet off the ground.

HIVES

Any object or container made or prepared for the use of bees, or taken possession of by bees.

2. Permitted Bee Species. Only docile "Apis Mellifera" species (honey bees) shall be permitted by this Subsection.

3. Identification Signs. Every person maintaining an apiary on premises other than that of his or her residence shall identify such apiary by affixing a sign thereto showing the name of the owner or person in possession of the apiary, the owner's address, his or her telephone number. Lettering shall be black one (1) inch in height on a contrasting background.

4. Beekeeping — Locational Requirements.

a. An apiary shall be located outside of all required setbacks as established in Section 405.130(F), Yard Regulations of this Code, or fifteen (15) feet from the property line and twenty (20) feet from all public right-of-way, whichever is greater.

b. For apiaries located within twenty-five (25) feet of a public or private property line of the tract upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish a flyway barrier at least six (6) feet in height and extending ten (10) feet beyond the hive in each direction with the entrance being not less than eighteen (18) inches from and facing the flyway barrier so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the apiary.

c. The apiary should not be visible from the public right-of-way.

d. The apiary shall be in a location that is secure from unauthorized access.

e. The entrance of the beehive shall face away from the entrances and walkways on the premises to the extent possible.

f. The beehive shall be re-queened at least every two (2) years.

5. Permission Of Landowners. It shall be unlawful for any person to place or keep an apiary, or cause or allow an apiary to remain on land not owned or possessed by such person without first obtaining the permission of the owner or person lawfully in possession of such land.

6. Water Supply. Every person owning, possessing or controlling an apiary shall maintain within ten (10) feet of each apiary a supply of water which assures an adequate accessible and usable supply of water for the bees so as to prevent as much as possible bees congregating around pet water dishes, bird baths, swimming pools, or water hydrants.

7. Number Of Hives Allowed. The number of hives allowed on any one (1) parcel of land shall be as follows: parcels of land consisting of five thousand (5,000) square feet or less shall be limited to four (4) hives, parcels of land consisting of more than five thousand (5,000) square feet can add one (1) additional hive for every two thousand five hundred (2,500) square feet.

8. Best Management Practices. Beekeepers shall seek to comply with the Seasonal Apiary Management for Missouri and Beekeeping Tips for Beginners by the University of Missouri Extension.

9. Enforcement. It shall be unlawful for any person to keep bees or an apiary in violation of any provision of this Subsection.

Section 205.110 (Reserved)

Section 205.120 Frightening Animals Prohibited.

[R.O. 2004 § 210.120; Ord. No. 3.01 § 12, no date]

Any person who shall purposely or willfully frighten any animal causing them to damage or endanger any person or property shall be deemed guilty of an ordinance violation.