Cross Reference — As to kennels, §405.030.
[Ord. No. 965 §1, 11-4-2013]
A.
The
purpose of this Chapter is to promote harmonious relationships in
the interaction between man and animal:
1.
Protecting animals from improper use, abuse, neglect, exploitation,
inhumane treatment and health hazards.
2.
Delineating the animal owner's or keeper's responsibility for the
acts and behavior of his/her animal at all times.
3.
Providing security to residents from annoyance, intimidation, injury
and health hazards by animals.
[Ord. No. 965 §1, 11-4-2013]
A.
This
Chapter shall be enforced by the City of Ash Grove's Police Department
by any Police Officer or other person who may be so designated by
the Mayor and Board of Aldermen. The Police Department shall be authorized
to issue, sign and serve summonses and complaints and to make all
determinations within their discretion in compliance with this Chapter.
B.
It
shall be unlawful for any person, firm, association, partnership or
corporation to interfere with the lawful performance of duty of any
person or persons designated by this City to enforce the provisions
of this Chapter.
[Ord. No. 965 §1, 11-4-2013]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section:
To cease to provide control over and shelter, food and water
for an animal without having provided that care, custody and physical
control of such animal has been transferred to another person.
Normal and prudent attention to the needs of an animal, including
wholesome food, clean, unfrozen water, shelter, shade and health care
as necessary to maintain good health in a specific species of animal.
A living organism other than a plant or bacterium. Animal
in this Chapter includes arthropods, amphibians, reptiles, birds,
and mammals. As used in this Chapter, the term "animal" excludes humans.
Any person employed by the City to enforce the provisions
of this Chapter, including all Police Officers.
Any nuisance arising out of the keeping, maintaining or owning
of, or failure to exercise sufficient control of an animal. Animal
nuisance shall include, but not be limited to, the following:
Runs at large;
Molests or disturbs persons or vehicles by chasing, barking
or biting;
Attacks other domestic animals;
Any animal that destroys, damages or injures any shrubbery,
plants, flowers, grass, lawn, fence or anything whatsoever upon any
public property or upon any private property other than that of the
owner/keepers when permission of the owner or tenant of the property
has not been obtained.
Excessively makes disturbing noises including, but not limited
to, continued repeated howling, barking, whining or other utterances
causing unreasonable annoyance, disturbance or discomfort to neighbors
or others in close proximity to the premises where the animal is kept
or harbored.
[Ord. No. 1222, 7-17-2023]
Threatens or causes a condition which endangers public health.
Impedes refuse collection by ripping any bag or entering or
tipping any container of such refuse.
Any facility operated for the temporary care, confinement
and detention of animals and other disposition of animals. The term
shall also include any private facility authorized by the City to
impound, confine, detain, care for or destroy any animal.
Any domesticated member of the feline family, both male and
female.
Any domesticated member of the canine species, both male
and female.
To knowingly feed or shelter an animal not owned by you.
A family living together, all of whom need not be related.
The taking into custody of an animal by any Police Officer,
Animal Control Officer or any authorized representative thereof.
Farm animals, with the exception of poultry. The category
encompasses primarily cattle, sheep, pigs, goats, horses, donkeys,
mules, and other animals, such as buffalo, oxen, or camels.
[Ord. No. 1086, 4-2-2018]
A device made of metal, plastic, leather, cloth or a combination
of these materials that, when fitted and fastened over a snout/mouth/head,
prevents the dog from biting but allows room for the dog to breath
and pant. The muzzle must be made in a manner that will not cause
injury to the dog or interfere with its vision or respiration, but
must prevent it from biting any person or animal.
Failure to provide food, water, protection from the elements
or other care generally considered to be normal, usual and accepted
for an animal's health and well-being consistent with the species,
breed and type of animal.
Any person having a right of property in an animal, or who
keeps or harbors an animal, or who has it in his/her care, or acts
as its custodian, or who knowingly permits an animal to remain on
or about any premises owned or occupied by him/her, or professes to
be owning, keeping, or harboring an animal.
A dog off the private premises of the owner or keeper and
not on a leash or confined to the arms, motor vehicle, trailer or
other conveyance of the owner or keeper.
An injury that creates a substantial risk of death or that
causes serious disfigurement or protracted loss or impairment of the
function of any part of the body.
A person upon the premises of the owner or keeper of the
dog in question without license or privilege to be upon said premises.
Any dog which has inflicted a serious physical injury or
a fatal injury on a human being on public or private property, and
not a trespasser, shall be classified as a dangerous dog by the Chief
of Police. In addition to the foregoing, the Chief of Police may classify
any dog as vicious or dangerous which has done any of the following,
or which has exhibited any of the following characteristics:
Has killed a domestic animal or livestock or poultry, without
provocation, while off of the owner's property.
Has bitten a human being, without provocation, on public or
private property, other than the property of the owner.
Has bitten a human being, not a trespasser, without provocation,
while on the owner's property.
Has, without provocation, approached or chased any human being
in a menacing, threatening or aggressive manner at any location, except
on the property of the owner.
Has a history or known propensity, tendency or disposition to
attack humans and/or domestic animals, without intentional provocation,
in a fierce, vicious, aggressive, and dangerous manner or in a terrorizing
manner approaches any person or other animal in an apparent attitude
of attack, whether or not the attack is consummated or capable of
being consummated.
No dog shall be defined or considered vicious or dangerous if
the dog is working for a Law Enforcement Agency or any Law Enforcement
Officer in the performance of law enforcement work or is protecting
its owner or possessor's person or premises from someone committing
a crime. No dog shall be defined or considered vicious because of
its breed.
[Ord. No. 965 §1, 11-4-2013]
A.
Rabies Vaccination — Certificate — Tag.
1.
The owner or keeper of any dog, cat, or ferret in the City of Ash
Grove, is hereby required to have such animals vaccinated against
rabies by a licensed veterinarian before attaining the age of four
months. The licensed veterinarian, upon vaccination, shall issue a
certificate of vaccination and registration, the date thereof and
shall also furnish a collar tag showing such vaccination.
2.
Such vaccination shall be kept current at all times with booster
shots administered by a licensed veterinarian on or before the appropriate
anniversary date of the initial vaccination.
3.
The owner acquiring such animals without current rabies inoculation
and tag shall have such animal inoculated against rabies within thirty
(30) days after the acquisition or when the animal reaches four (4)
months of age.
4.
It shall be unlawful for the owner or keeper of any dog, cat, or
ferret to permit such animal to remain in the City of Ash Grove without
a current vaccination. The owner or custodian of these animals required
by this Section to be vaccinated against rabies shall keep a current
rabies vaccination certificate for verification and all dogs shall
have a current rabies tag securely attached to the animal at all times.
Such tag shall contain the year of the vaccination.
5.
If a tag is lost, another tag may be obtained from the veterinarian
who issued the original tag upon presentation of the original certificate
and upon payment of the veterinarian's fee.
6.
A tag shall not be transferred from the animal for which it was issued
to any other animal.
B.
Biting Animals.
1.
Any dog, cat or ferret that bites a human being shall be turned over
to a licensed veterinarian for observation as to the existence of
rabies for a time prescribed by said licensed veterinarian and under
no circumstances shall the offending dog, cat or ferret be destroyed
by anyone until such observation is complete. Expenses of keeping
the dog, cat or ferret during observation shall be paid by the person
owning, controlling, harboring, possessing or having the management
or care of said dog, cat or ferret.
2.
No person shall destroy a biting dog, cat or ferret without submitting
it for observation or shall refuse to deliver up to the City Police
Department his/her dog, cat or ferret when requested to do so when
said City Police Department shall have reasonable grounds to believe
that a person has been bitten by said dog, cat or ferret.
C.
Animal Waste Prohibited On Public And Private Property — Exception. Any person in physical possession and control of any animal shall
remove excreta or other solid waste deposited by the animal in any
public or private area including, but not limited to, streets, sidewalks,
parking lots, public parks or recreation areas and private property.
The provisions of this Section shall not apply to a guide dog accompanying
any blind person.
D.
Knowingly Releasing An Animal. A person commits the offense
of knowingly releasing an animal if that person, acting without the
consent of the owner or custodian of an animal, intentionally releases
any animal that is lawfully confined for the purpose of companionship
or protection of persons or property or for recreation, exhibition
or educational purposes.
E.
Unlawful Removal. It shall be unlawful for any person to
remove from the custody of the Animal Control Officer by force, deceit
or other means any animal which has been legally impounded by said
officer, prior to obtaining the permission of the Police or Animal
Control Officer to remove such animal.
F.
Parent or Guardian Responsible For Minor Child's Care Of Animal. The parent or guardian of a minor child is responsible for the adequate
care and control of any animal owned, kept or harbored by a minor
child.
[Ord. No. 965 §1, 11-4-2013]
A.
Combination Of Cats And Dogs. No household at any time shall
keep, harbor, own or care for more than a total combination of five
(5) cats and dogs as pets as long as the number of dogs does not exceed
three (3).
B.
Cats. No household at any time shall keep, harbor, own or
care for more than five (5) cats over the age of four months. Five
(5) cats would not allow for any keeping of dogs.
C.
Dogs. No household shall at any time keep, harbor, own or
care for more than three (3) dogs over the age of four (4) months.
[Ord. No. 965 §1, 11-4-2013]
A.
Neglect, Abandonment, And Cruelty To Animals Prohibited.
1.
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, including but not limited to, knowingly abandoning an animal
in any place without making provisions for its adequate care which
results in substantial harm to the animal.
2.
No person shall be cruel or inhumane to any animal by beating, torturing,
kicking or otherwise physically abusing such animal.
3.
No person shall intentionally or purposely kill an animal in any
manner not allowed by or expressly exempted from the provisions of
Section 273.030, RSMo.
4.
No person shall keep, impound, tether, or confine, or cause to be
kept, impounded, or confined, any animal and thereafter fail to supply
the animal with adequate care of sufficient food, water and/or shelter
or protection from the elements, nor shall any such person carry or
cause any animal to be carried or moved on any vehicle or otherwise
in an unnecessarily cruel or inhumane manner.
5.
It shall be unlawful for any person within the city to willfully
shoot at, wound, kill, capture, ensnare, net, trap or in any other
manner injure any bird, fowl or water fowl or in any manner willfully
molest or injure the nest, eggs or young of any such bird, fowl or
water fowl.
6.
It shall be unlawful for any person to poison any animal or to distribute
poison in any manner whatsoever with the intent to or for the purpose
of poisoning any animal; provided, however, for the purpose only of
this Subsection, the term "animal" shall not include bats, mice, rats,
or other rodents approved by State law, but shall include hamsters,
guinea pigs, rabbits and squirrels. The distribution of any poison
or poisoned meat or food, other than those specifically for insect
or bat, mouse, rat, or other rodent poisoning, shall be prima facie
evidence of violation of this Subsection.
B.
Suspected Neglected or Abused Animals — Impoundment.
1.
Any duly authorized Police Officer may seek a warrant from the appropriate
court to enable him to enter private property in order to inspect,
care for or impound neglected or abused animals. All requests for
such warrants shall be accompanied by an affidavit stating the probable
cause to believe that a violation of this Chapter has occurred. A
person acting under the authority of a warrant shall not be liable
for any necessary damage to property while acting under such warrant.
All animals impounded pursuant to a warrant issued under this Section
shall be:
2.
The owner or custodian of any animal who has been convicted of animal
neglect or abandonment shall be liable for the reasonable costs for:
The care and maintenance of neglected or abandoned animals within
the person's custody or ownership; the disposal of any dead or diseased
animals within the person's custody or ownership; the reduction of
resulting organic debris affecting the immediate area of the neglect
or abandonment; and, the avoidance or minimization of any public health
risks created by the neglect or abandonment of the animals.
3.
If a person is adjudicated guilty of a violation of this Chapter
and the court having jurisdiction is satisfied that an animal owned
or controlled by such person would in the future be subject to such
neglect or abuse, such animal shall not be returned to or allowed
to remain with such person, but its disposition shall be determined
by the court.
C.
Animal Waste Prohibited On Public and Private Property — Exception. Any person in physical possession and control of any animal shall
remove excreta or other solid waste deposited by the animal in any
public or private area including, but not limited to, streets, sidewalks,
parking lots, public parks or recreation areas and private property.
The provisions of this Section shall not apply to a guide dog accompanying
any blind person.
D.
Knowingly Releasing An Animal. A person commits the offense
of knowingly releasing an animal if that person, acting without the
consent of the owner or custodian of an animal, intentionally releases
any animal that is lawfully confined for the purpose of companionship
or protection of persons or property or for recreation, exhibition
or educational purposes.
E.
Unlawful Removal. It shall be unlawful for any person to
remove from the custody of the Animal Control Officer by force, deceit
or other means any animal which has been legally impounded by said
officer, prior to obtaining the permission of the Police or Animal
Control Officer to remove such animal.
F.
Parent or Guardian Responsible For Minor Child's Care Of Animal. The parent or guardian of a minor child is responsible for the adequate
care and control of any animal owned, kept or harbored by a minor
child.
[Ord. No. 965 §1, 11-4-2013]
No person shall own or keep within the City of Ash Grove any
lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion,
Canada lynx, bobcat, jaguarondi, hyena, wolf, bear, non-human primate,
coyote, any deadly, dangerous or poisonous reptile, or any deadly
or dangerous reptile in any place other than a properly maintained
zoological park, circus, scientific or educational institution, research
laboratory, veterinary hospital or animal refuge.
[Ord. No. 1086, 4-2-2018]
It shall be a violation of City ordinance for any person to
own, keep, or harbor any farm animal or livestock, except poultry,
in non-agricultural zoned areas within the City of Ash Grove, Missouri.
[Ord. No. 965 §1, 11-4-2013]
A.
A Police Officer may seize, impound or humanely confine any of the following animals in an approved facility for housing designated for impoundment for a period of no less than seven (7) days unless such dog shall be reclaimed by his/her owner/keeper as described in Subsection (B) of this Section:
1.
Any dog without a vaccination tag,
2.
Any animal at running at large,
3.
Any animal constituting an animal nuisance or considered a danger
to the public as defined,
4.
Any animal that is in violation of any quarantine or confinement
order from the City of Ash Grove, Greene County Missouri or the State
of Missouri,
5.
Any unattended animal that is ill, injured or otherwise in need of
care,
6.
Any animal that is reasonably believed to have been abused or neglected,
7.
Any animal that is reasonably suspected of having rabies,
8.
Any animal that is charged with being potentially dangerous or if
a Police Officer determines that there is a threat to public health
and safety,
9.
Any animal that a court of competent jurisdiction has ordered impounded
or destroyed,
10.
Any animal that is considered unattended or abandoned, as in situations
where the owner is deceased, has been under arrest or evicted from
his regular place of residence.
B.
If
the animal's owner can be identified and located by any reasonable
means, the owner shall be notified within forty-eight (48) hours that
the animal has been impounded. Said owner may reclaim his animal under
the following conditions:
1.
Prior to pickup of an impounded animal, the owner shall first pay
a handling/boarding fee of five dollars ($5.00) per day that the animal
was impounded.
2.
The owner must show proof of a current rabies vaccination by a licensed
veterinarian or have the animal vaccinated for rabies before leaving
the impounded facility or bring proof of prepaid rabies vaccination
by a licensed veterinarian for the impounded dog. If prepaid, the
vaccination must be given within two (2) working days of the release
of the animal impoundment.
3.
There is no reason to believe that this animal was or will be abused
by the owner.
C.
If
the animal is not redeemed by the owner after an appropriate holding
period, the animal may be disposed of in one (1) of the following
ways:
1.
Euthanasia, using a method approved by the American Veterinarian
Medical Association.
2.
Released for adoption to a humane organization or a person who shows
evidence of ability and intention to provide the animal with an appropriate
home and humane care. All animals released for adoption must be sterilized
before leaving or before six (6) months of age. All animals not sterilized
before leaving must have proof of prepaid sterilization fee from a
licensed veterinarian and certify in writing that it will be done
before the animal is six (6) months of age.
D.
Any
owner or keeper whose animal is impounded and not claimed will be
responsible for a handling fee of no less than twenty dollars ($20.00),
a disposal fee of no less than forty dollars ($40.00) and any other
fees associated with such animal, including, but not limited to, an
after-hours call-out fee for animal control and medical fees incurred
by such animal.
[Ord. No. 965 §1, 11-4-2013]
A.
Running at Large Prohibited. It shall be unlawful for the
owner or keeper of any dog to permit same to run at large within the
corporate limits of the City. Any dog found running at large may be
impounded. This restriction shall not prohibit any dog upon the public
ways or upon public property when such dog is on a leash and is kept
under the control of the accompanying person.
B.
Dog Pens, Yards or Runs.
1.
No doghouse, pen or kennel shall be maintained closer than twenty
(20) feet to any apartment house, residential condominium, hotel,
restaurant, boarding house, retail food store, building used for school,
religious or hospital purposes or residence other than that occupied
by the owner or occupant of the premises upon which said dogs are
kept.
2.
All pens, yards or runs or other structures wherein any animal is
kept shall be of such construction so as to be easily cleaned and
kept in good repair.
3.
Every pen, run, cage or other yard establishment wherein a dog is
kept shall be maintained in a sanitary condition so that no offensive,
disagreeable or noxious smell or odor shall arise therefrom to the
injury, annoyance or inconvenience of any neighbor.
C.
Vicious or Dangerous Dog — Requirements of Keeping. It shall be unlawful to own, keep, or harbor a dog determined to
be a vicious or dangerous dog in the City of Ash Grove except in accordance
with the following provisions:
1.
While on the owner's property, a dangerous dog must be securely confined
indoors or in a securely enclosed and locked pen or structure suitable
to prevent the entry of young children and designed to prevent the
animal from escaping. Such pen or structure must have minimum dimensions
of five (5) feet by ten (10) feet and must have secure sides and a
secure top. If it has no bottom secured to the sides, the sides must
be embedded into the ground no less than twelve (12) inches. The enclosure
must also provide protection from the elements for the dog. The enclosure,
when occupied by a dangerous dog, shall not be occupied by any other
animal. If the dangerous dog is a female with a litter of puppies
under three (3) months of age, the puppies may occupy the same enclosure
as the mother.
2.
No dangerous dog may be kept on a porch, patio or in any part of
a house or structure which would allow the dog to exit such building
on its own volition. In addition, no such animal may be kept in a
house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
3.
The owner or keeper shall display a sign on his/her premises that
there is a dangerous dog on the property. This sign shall be easily
readable from the public roadway from which the property is entered.
Letters shall be at least five (5) inches tall using the words "Dangerous
Dog." In addition, a similar sign shall be posted on the kennel or
pen or fenced yard of such animal as herein before described.
4.
A dangerous dog may be off the owner's premises if it is muzzled
and restrained by a substantial chain or leash not exceeding six (6)
feet in length and under the control of a person physically capable
of restraining the animal and obedient to that person's commands.
No person shall permit a vicious dog to be kept on a chain, rope or
other type of leash outside its kennel or pen unless a person is in
physical control of the leash and muzzled. Such dogs may not be tethered
to inanimate objects such as trees, posts, or buildings.
5.
All owners or keepers of dangerous dogs must, within ten (10) days
of such declaration, provide the Police Department two (2) color photographs,
one (1) showing the left profile, the other showing the right profile
of the animal and clearly showing the color and approximate size of
the animal.
6.
Any dangerous dog shall wear at all times a bright fluorescent yellow
collar with required tags attached so the dog can be identified as
a dangerous dog.
7.
The owner or keeper shall notify the Police Department immediately
if a dangerous dog is loose, unconfined or missing, has attacked another
animal, or has attacked a human being.
8.
Any dog that has been declared dangerous by the City of Ash Grove
or other municipality, County or State shall be subject to the provisions
of this Chapter for the remainder of its life.
9.
The owner or keeper shall notify the Police Department within twenty-four
(24) hours if a dangerous dog has died or has been sold or given away.
10.
Any owner of a dangerous dog who sells or otherwise transfers ownership,
custody or residence of the animal shall, within ten (10) business
days after such change of ownership or residence, provide written
notification to the Police Chief of the name, address and telephone
number of the new owner. It also shall be the responsibility of the
person transferring ownership or custody of the dog to provide written
notification of the animal's classification as dangerous to the person
receiving the animal. The previous owner shall furnish a copy of such
notification to the City of Ash Grove along with written acknowledgment
of the new owner of his receipt of such an implication.
11.
Any resident of Ash Grove receiving, purchasing or by any means acquiring
ownership or custody of a dog classified as dangerous by this City,
or any municipality, County or State government shall notify the Police
Department of the dog's address and conditions of maintenance within
ten (10) days of moving the animal in the City. The restrictions and
conditions of maintenance of any dog declared dangerous by this City
or other municipality, County or State shall remain enforced while
the dog remains in the City of Ash Grove. The new owner shall fully
comply with the provisions of this Chapter as to a dangerous dog.
[Ord. No. 965 §1, 11-4-2013]
A.
Dogs
found in violation of the provisions of this Chapter shall be taken
up and impounded in any impounding facility designated for such purpose,
and there confined subject to the penalties of this Section.
B.
When
in the judgment of the Police Chief and/or his/her subordinate officers,
a dog should be impounded; he/she shall impound the dog in accordance
with the provisions of this Section.
C.
When
in the judgment of the Police Chief and/or his/her subordinate officers,
a dog poses an immediate threat to human life, he/she may take whatever
action he/she deems necessary.
D.
Dogs
found in violation of the provisions of this Chapter may not be redeemed
by their owners, unless such redemption be authorized by the Judge
of the Municipal Court.
E.
If
upon violation and conviction of the provisions of this Chapter relating
to vicious dogs it shall appear to the Judge of the Municipal Court
that it is necessary for the public safety and welfare that the dog
concerned be euthanized, the Judge shall so order.
F.
The
owner of a dog found in violation of the provisions of this Chapter,
shall, upon conviction, be subject to a fine of not more than three
hundred dollars ($300.00) for each separate violation.
G.
When
redemption of an impounded dog is authorized by the Judge of the Municipal
Court, such dog may be reclaimed by its owner upon payment to the
City by the owner of five dollars ($5.00) for each day such dog is
kept impounded.
[Ord. No. 965 §1, 11-4-2013]
A.
Any
person may make a verbal or written complaint to the Chief of Police/designee
of a dog which the complainant believes to be dangerous. The complaint
shall include sufficient information to ascertain the location and
owner of the dog and shall also include the reasons why the complainant
believes the dog to be vicious or dangerous. In the case of a verbal
complaint, the complaint shall be put in writing by the Chief of Police/designee.
A copy of the complaint shall then be mailed by the Chief of Police/designee
to the owner of the dog at the owner's last known address.
B.
Within
five (5) days of the making of the complaint, the Chief of Police/designee
shall undertake an investigation to determine whether the dog identified
in the complaint is dangerous. Such investigation shall include an
opportunity for the owner of the dog to present evidence pertinent
to the dangerousness of the dog and may include interviews with the
complainant and other persons having personal knowledge regarding
the dog and observations of the dog in its normal habitat.
C.
Upon
completion of the investigation, the Chief of Police/designee shall
determine whether or not the dog identified in the complaint is dangerous.
1.
If the Chief of Police/designee determines the dog is not dangerous,
the Chief of Police/designee shall inform the complainant and the
owner of the determination and no further action shall be taken on
the complaint.
2.
If the Chief of Police/designee determines that the dog is dangerous, the owner of the dog shall be notified in writing of the determination as well as the reasons supporting such determination. The Chief of Police/designee shall also make the owner aware that the dog may be kept within the City only if the owner abides by the rules of Section 205.090(C) of this Chapter.
D.
If
the owner disputes the circumstances of that determination he/she
may make written application with the City Clerk for a hearing. The
written application shall be made not later than ten (10) days after
the delivery to the owner of the written determination that such dog
is dangerous. If a hearing is requested, the following shall apply:
1.
The hearing shall be held at the next Municipal Court docket after
demand for the hearing. The records of the Chief of Police/designee
shall be admissible for consideration without further foundation.
2.
The Judge of the Municipal Court shall preside over such hearing
and shall receive such evidence and testimony as he/she deems relevant
and appropriate as offered by the City and by the owner of the dog.
3.
Pending a determination by the judge, the dog shall be confined,
either as directed by the judge or in accordance with the provisions
of Subsection hereof.
E.
A dog
known or found to have committed any of the acts prohibited by this
Chapter may, nonetheless, be declared not to be dangerous under the
following circumstances:
1.
When any such act was committed against an individual who was in
the process of committing a felony upon the property of the dog's
owner; or who was engaged in physically striking or assaulting the
dog's owner or any member of the owner's immediate household; or
2.
When any such act was committed against an individual who was committing
a willful trespass upon the enclosed, posted property of the owner,
provided that this exception shall not be applicable where a serious
physical or fatal injury has been inflicted upon a human; or
3.
Where the act occurred as a result of the teasing, tormenting, abusing
or assaulting of the dog and where no serious physical or fatal injury
was inflicted upon a human; or
4.
Where the dog is owned by a Governmental or Law Enforcement Agency
and has been trained and is being used in the providing of services
by that agency.
[Ord. No. 991 §1, 4-6-2015]
A.
The keeping or raising of six (6) or less chicken hens shall be an
allowed use of land.
1.
The maximum number of chickens allowed is six (6) per tract
of land regardless of how many dwelling units are on the tract.
2.
Only female chickens shall be allowed. There shall be no restriction
on chicken breeds.
3.
It shall be unlawful to engage in chicken breeding or fertilizer
production for commercial purposes.
4.
Slaughter may occur for personal use provided that 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.
5.
Chickens shall be kept in a secured enclosure or fenced area
at all times. Chickens shall be secured within a henhouse or chicken
tractor during non-daylight hours.
6.
Enclosures shall be kept in a clean, dry, odor-free, neat and
sanitary condition at all times.
7.
Henhouses, chicken tractors and chicken pens shall provide adequate
ventilation and adequate sun and shade and shall be impermeable to
rodents, wild birds, and predators, including dogs and cats.
8.
Henhouses and chicken tractors shall be designed to provide
safe and healthy living conditions for the chickens while minimizing
adverse impacts to other residents in the neighborhood.
a.
A henhouse or chicken tractor shall be enclosed on all sides
and shall have a roof and doors. Access doors shall be able to be
shut and locked at night. Openings, windows and vents shall be covered
with predator- and bird-proof wire of less than one (1) inch openings.
b.
Henhouses, chicken tractors and chicken pens shall only be located
to the defined rear of the property as required by the Zoning Code.
c.
Henhouses, chicken tractors, and chicken pens shall be located
at least seven (7) feet from the property line and at least fifteen
(15) feet from any adjacent residential dwelling, church, school,
or place of business.
9.
Any enclosed chicken pen shall consist of sturdy wire or wooden
fencing. The pen shall be covered with wire, aviary netting, or solid
roofing.
10.
Odors from chickens, chicken manure, or other chicken related
substances shall not be detectable at the property boundaries.
11.
All uses shall operate in accordance with the noise standards
contained in the Ash Grove Municipal Code.
12.
The chicken owner shall take necessary action to reduce the
attraction of predators and rodents and the potential infestation
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 appropriate City officials.
13.
The chicken owner shall provide chickens access to feed and
clean water at all times. The feed and water shall be unavailable
to rodents, wild birds, and predators.
14.
The chicken owner shall provide for the storage and/or 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
three (3) cubic feet of manure shall be stored. All other manure not
used for composting or fertilizing shall be removed. The henhouse,
chicken tractor, chicken pen, and surrounding area shall be kept free
from trash, and accumulated droppings greater than one (1) inch deep.
15.
No dog or cat which kills a chicken shall, for that reason alone,
be considered a dangerous or aggressive animal.
16.
It shall be unlawful for any person to keep chickens in violation
of any provision of this Section.
17.
It shall be unlawful for any owner, renter, or leaseholder of
property to allow chickens to be kept on the property in violation
of the provisions of this Section.
18.
Any violation of this Section that constitutes a health hazard
or that interferes with the use or enjoyment of neighboring property
is a nuisance and may be abated under the general nuisance abatement
provision of the City.
19.
Each day that a violation of this Section continues is a separate
offense.
20.
If three (3) violations occur within a 90-day period, all chickens
must be removed and the keeping of chickens shall be prohibited for
a period of one (1) year.
21.
All other applicable City Codes shall apply.
[Ord. No. 965 §1, 11-4-2013]
It shall be a violation of City ordinance for the owner or caretaker
of any animal or animals of the species of horse, mule, ass, cattle,
swine, sheep or goat in the City of Ash Grove to permit the same to
run at large outside the enclosure of the owner or caretaker of such
stock and if any species of domestic animals aforesaid be found running
at large outside the enclosure of the owner or caretaker, it shall
be a violation of City ordinance and it is hereby made the duty of
the Chief of Police or other officer having Police powers, on his/her
own view or when notified by any other person that any such stock
is running at large, to restrain the same forthwith and such person
or officer shall give notice thereof to the owner, if known, in writing,
stating therein the violation time and date.
[Ord. No. 965 §1, 11-4-2013]
Any person violating any Section of this Chapter shall, upon
a plea of guilty or a finding of guilty, be punished by a fine of
not less than thirty-five dollars ($35.00) for the first (1st) such
offense, no less than fifty dollars ($50.00) for the second (2nd)
offense and no less than one hundred dollars ($100.00) and no more
than five hundred dollars ($500.00) for the third (3rd) or subsequent
offense, plus all costs for pickup, impoundment, disposal and veterinary
fees that are applicable.
[Ord. No. 965 §1, 11-4-2013]
The City, its employees, nor any person enforcing this Chapter
shall be held liable for any accident or subsequent disease that may
occur in connection with the administration of this Chapter.
