[R.O. 2013 §4-1; Ord. No. 6.8 (Bill No. 691) §2, 3-10-1983; Ord. No. 6.8 (Bill No. 775) §§1 — 4, 11-15-1984; Ord. No. 6.8 (Bill No. 833) §2, 8-15-1985; Ord. No. 6.8 (Bill No. 855) §1, 11-21-1985]
As used in this Chapter, the following terms mean:
- ADEQUATE FOOD
- The provision at suitable intervals of not more than twelve (12) hours, unless the dietary requirements of the species require a longer interval, of a quantity of wholesome foodstuff, suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal, all of which foodstuff is served in a safe receptacle, dish or container.
- ADEQUATE HOUSING
- The continuous provision of sanitary facility; protection from the extremes of weather conditions, proper ventilation and appropriate space depending on the species of animal, as defined by regulations of the USDA, as revised.
- A person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency.
- ANIMAL SHELTER
- A facility which is used to house or contain animals, which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other not-for-profit organization devoted to the welfare, protection, and humane treatment of such animals or a person whose primary purpose is to act as an animal rescue, to collect and care for unwanted animals or to offer them for adoption.
- AT LARGE
- Animals shall be deemed to be at large when off the property of the owner and not under restraint.
- The puncturing of skin by the teeth or claws of an animal.
- A certificate issued at the time of the vaccination of an animal and bearing thereon the signature of the vaccinator, the registration number, the name, color, breed, and sex of the animal, the name and address of the owner, the date of the vaccination, and type of vaccine administered.
- DOMESTIC ANIMAL
- Any swine, goat, lamb, sheep, horse, pony, donkey, cattle, chicken, duck, turkey, emu, ostrich and llama.
- To put to death in a humane manner.
- EXPOSED TO RABIES
- Any animal, whether it has been registered or vaccinated for rabies or not, or other animal which has been bitten, been fighting with or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.
- HEALTH OFFICER
- Any person designated by the State of Missouri, a municipal government, or a humane society as a Law Enforcement Officer who is qualified to perform such duties under the laws of this State or ordinances of this City.
- HUMANE EUTHANASIA
- The act or practice of putting an animal to death in a humane or instantaneous manner under guidelines and procedures established by rules promulgated by the Director.
- HUMANE MANNER
- Care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.
- The apprehending, catching, netting, tranquilizing, confining, or, if necessary, the destruction of any animal by the Health Officer.
- IMPOUNDING FACILITIES
- Any premises designated by the City for the purposes of impounding and caring for all animals found in violation of this Chapter.
- INTACT FEMALE
- With respect to a dog, refers to a female dog between the ages of six (6) months and ten (10) years of age which is capable of being bred; and with respect to a cat, refers to a female cat between the ages of six (6) months and eight (8) years which is capable of being bred.
- Any place or tract of land, whether indoors or outdoors, whether enclosed or not, used for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of four (4) or more dogs over four (4) months of age, or keeping six (6) or more cats over four (4) months of age, or the keeping of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined.
- LICENSING AUTHORITY
- The agency or department of the City of Arnold, or any designated representative thereof, charged with administering the issuance and/or revocation of permits and licenses under provisions of this Chapter.
- NERVE TISSUE ORIGIN
- Vaccine which is manufactured, using tissue of the nervous system as a growth medium.
- Rendered permanently incapable of reproduction.
- Any person, partnership, or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
- PERFORMING ANIMAL EXHIBITION
- Any spectacle, display, act, or event in which performing animals are used to engage in combat to provide entertainment for the public.
- Any animal kept for pleasure rather than utility.
- POUND OR DOG POUND
- A facility operated by the State or any political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.
- PUBLIC NUISANCE
- Any animal or animals which:
- 1. Damages, soils, defiles, or defecates on private property other than the owner's or on public walks or recreation areas unless such waste is immediately removed and properly disposed of by the owner;
- 2. Molests passersby or passing vehicles;
- 3. Attacks other animals;
- 4. Trespasses on school grounds;
- 5. Is repeatedly at large;
- 6. Damages private or public property;
- 7. Barks, whines, howls, or causes noise in an excessive, continuous, or untimely fashion so as to cause a public peace disturbance.
- Any veterinarian, Health Officer, or any other person acting under the direction or control of a veterinarian or Health Officer who performs the services of vaccination-registration.
- RELEASING AGENCY
- An animal pound, shelter, humane organization, or animal control agency, whether public or private, but not including an individual who occasionally renders humane assistance or shelter in his/her home to a dog or cat.
- An animal, off the premises of its owner's real property, is under restraint within the meaning of this Chapter:
- 1. If it is controlled by a line or leash not more than six (6) feet in length, when said line or leash is held by a competent person;
- 2. When within a vehicle being driven, parked or stopped;
- 3. When not more than twenty-five (25) feet from a competent person, if such animal is not annoying or worrying any human being or domestic animal, or trespassing on private property, or in a public area where animals are forbidden.
- 1. Service animals are working animals, not pets. A service animal is trained to provide a service directly related to the person's disability. A service animal whose sole function is to provide comfort or emotional support does not qualify as a service animal.
- 2. Service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal's work or the individual's disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
[Ord. No. 6.35 (Bill No. 2724), 1-17-2019]
- STATE VETERINARIAN
- The State veterinarian as provided by Chapter 267, RSMo.
- The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce, or the use of an approved serum which will permanently render the animal unable to reproduce.
- Any object, regardless of shape and material, which bears a registration number and the words "Rabies Vaccination-Registration", which has been issued by authority of the Health Officer.
- The United States Department of Agriculture (L. 1992, S.B. 636 S 1).
- The injection, by a veterinarian or his/her authorized agent, of a specified dose of antirabies vaccine, or other animal vaccine generally required, into the body of an animal, such vaccine having the U.S. Government license number approval stamped on the label of the vaccine container and having been approved by the Health Officer. Vaccine used for a vaccination of animals shall be stored and kept under conditions proper for the vaccine and shall show no signs of spoilage or otherwise be unfit for producing immunity against rabies.
- VACCINATION, REGISTRATION
- The procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate. The above words shall be interchangeable.
- Any veterinarian holding a current State license and operating on a participating basis with the Health Officer as required by this Chapter.
- VETERINARY HOSPITAL
- Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
- VICIOUS ANIMAL
- Any animal or animals that constitute a physical threat to human beings or other animals, or having the propensity or tendency to do an act which may endanger the safety of persons or property of others in a given situation.
- WILD ANIMAL
- Any live monkey (non-human primate), raccoon, skunk, fox, poisonous snake, python or boa constrictor longer than six (6) feet in length, leopard, panther, tiger, lion, lynx, or other animal which can normally be found in the wild state.[Ord. No. 6.31 (Bill No. 2672) § 1, 8-17-2017]
[Ord. No. 6.35 (Bill No. 2724), 1-17-2019]
Service animals as defined in this Chapter or service animals meeting the definition of "service animal" as provided by Department of Justice regulations shall be permitted in public areas of buildings, facilities or other areas owned or managed by the City;
Any animal that does not meet the definition of "service animal" is prohibited from all buildings, facilities or other areas owned or operated by the City, unless otherwise specifically authorized by the City.
[R.O. 2013 §4-2; Ord. No. 6.8 (Bill No. 691) §7, 3-10-1983]
No owner shall fail to provide his/her animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, vaccination, veterinary care when needed to prevent suffering, and with humane care and treatment.
No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans.
No owner of an animal shall abandon such animal.
No person shall crop a dog's ears, except a licensed veterinarian.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the appropriate local authority.
No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose on his/her own property common rat poison mixed only with vegetable substances.
[Ord. No. 6.33 (Bill No. 2720), 1-17-2019]
All fecal accumulations in any pen, run, cage, yard, room or dwelling unit where any dog, cat or other animal is kept shall be removed and disposed of in such a manner as to prevent the breeding of flies and creation of offensive, disagreeable or noxious odors or other nuisance conditions. No person shall permit fecal matter to accumulate in any pen, run, cage, yard, room or dwelling unit where a dog, cat or other animal is kept for a period of time longer than twenty-four (24) hours.
Any person having physical possession and/or control of any dog, cat or other animal, whether on personal property owned by another or in a public place, including, but not limited to, streets, sidewalks, parking lots, and public parks, shall possess and carry a device, mechanism or container designed for the removal of fecal matter deposited by said dog, cat or other animal and shall, upon such a deposit by said dog, cat or other animal, immediately remove any and all such fecal matter.
Fecal matter shall be contained and disposed of as solid waste. No person shall discharge, or cause to be discharged, any fecal matter into any municipal storm drain system or any watercourses, including, but not limited to, creeks, streams, ponds or lakes. No person shall dispose of any fecal matter as yard waste, with yard waste collection or in a home composting plot.
All fines and penalties for a first finding of guilt under this Section may be waived by the court if the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived. This Section shall not apply to the provisions of Section 578.007, RSMo., or Chapter 272, RSMo.
In addition to any other penalty imposed by this Section 578.009, RSMo., the court may order a person found guilty of animal neglect to pay all reasonable costs and expenses necessary for:
The care and maintenance of neglected 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; and
The avoidance or minimization of any public health risks created by the neglect of the animals.
A person is guilty of animal trespass if a person having ownership or custody of an animal knowingly fails to provide adequate control for a period equal to or exceeding twelve (12) hours.
For a first conviction of animal trespass, each offense shall be punishable by a fine not to exceed two hundred dollars ($200.00). The second and all subsequent convictions shall be punishable by imprisonment or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment. All fines for a first conviction of animal trespass may be waived by the court provided that the person found guilty of animal trespass shows that adequate, permanent remedies for trespass have been made. Reasonable costs incurred for the care and maintenance of trespassing animals may not be waived. This Section shall not apply to the provisions of Section 578.007 or Sections 272.010 to 272.370, RSMo.
A person commits the offense of animal abuse if he or she:
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023 and 273.030, RSMo.;
Purposely or intentionally causes injury or suffering to an animal; or
Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.
Note: Under certain circumstances this offense can be a felony under state law.
A person commits the ordinance violation of killing or disabling a police animal when such person knowingly causes the death of a police animal, or knowingly disables a police animal to the extent it is unable to be utilized as a police animal, when that animal is involved in a law enforcement investigation, apprehension, tracking, or search and rescue, or the animal is in the custody of or under the control of a law enforcement officer, department of corrections officer, municipal police department, fire department and a rescue unit or agency.
A person commits the ordinance violation of assault on a police animal when such person knowingly attempts to kill or disable or knowingly causes or attempts to cause serious physical injury to a police animal when that animal is involved in law enforcement investigation, apprehension, tracking, or search, or the animal is in the custody of or under the control of a law enforcement officer, department of corrections officer, municipal police department, fire department or a rescue unit or agency.
[R.O. 2013 §4-3; Ord. No. 6.8 (Bill No. 691) §4(a — b), 3-10-1983; (Bill No. 761) §1, 8-16-1984; Ord. No. 6.8 (Bill No. 775) §§13 — 14, 11-15-1984]
All animals, except cats, shall be kept under restraint.
No owner shall fail to exercise proper care and control of his or her animals to prevent them from becoming a public nuisance. The owner of every animal shall be held responsible for every behavior of such animal under the provisions of this Chapter.
All animals, while on the premises of its owner's real property, shall be kept in such a manner that such animals shall not become at large, as follows:
Confined in a building or secure structure or enclosure in such a manner so that such animal shall remain confined or secured therein and shall not become at large;
Confined behind a fence or other enclosure of sufficient height, strength and construction so as to prevent the animal confined therein from jumping over, through or crawling under such fence or other enclosure and so that such animal shall not become at large;
Secured by a chain, tether or leash or other type of restraint of sufficient length and strength so that such animal is at all times wholly on the owner's real property and shall not become at large; or
Any combination of the requirements of (1), (2) and (3) above so that such animal shall not become at large.
The Health Officer shall have the authority to require any owner of any animal to take any of the actions required hereunder as may be deemed appropriate by the Health Officer so as to prevent any animal from becoming at large.
[R.O. 2013 §4-4; Ord. No. 6.8 (Bill No. 691) §4(g), 3-10-1983]
The provisions of Section 210.040(A) shall not apply to dogs being used in hunting, field trials and dog shows while on public lands set aside for those purposes, while on the private property of others with the actual, implied, customary or constructive consent of the owner of such private premises, or while on Federal, State, municipal or County roads or highways, in a rural area, while going to or coming from a hunting, field trial or dog show site; nor shall the provisions or prohibitions in Section 210.040(A) apply to bloodhounds or other dogs used for tracking in conjunction with police activities nor to dogs of the canine corps of any police force, the State Highway Patrol, any Federal Law Enforcement Agency, or the Armed Forces of the United States, while being used to conduct official business or being used for official purposes; provided however, that the dog bear a vaccination tag as required by Section 210.360 of this Chapter.
[R.O. 2013 §4-5; Ord. No. 6.8 (Bill No. 691) §4(c), 3-10-1983]
Every unneutered female animal when in heat shall be confined in a building or secure enclosure in such a manner that such female animal cannot come into contact with another animal except for planned breeding.
[R.O. 2013 §4-6; Ord. No. 6.8 (Bill No. 691) §4(d), (f), 3-10-1983; Ord. No. 6.8 (Bill No. 961) §1, 7-2-1987; Ord. No. 6.8 (Bill No. 1158) §2, 12-21-1989]
Every animal which is determined to be a vicious animal by the licensing authority shall only be maintained in accordance with the provisions of this Section.
Any animal that has been determined as vicious as provided in Subsection (A) of this Section; or any animal that has attacked any person or other animal in a particularly vicious manner as to cause injury or harm; or any animal that has on more than one (1) instance attacked or bitten a person or other animal shall be confined in accordance with the following:
Shall be kept within a cage of such strength and design as to prevent escape; or
Shall be kept on a chain, tether, or leash of such strength and design as to prevent escape; and
In addition to the requirements of Subparagraphs (1) and (2) above shall be confined in a yard completely enclosed by a fence of such height, strength and construction so as to prevent the animal from jumping over, through, or crawling under such fence, and notices shall be posted on the premises conspicuously visible to the public and reading in letters not less than two (2) inches high with such message to convey to the general public that a dangerous animal is on the premises.
The licensing authority shall have the authority to specify and approve the methods of confinement and warning sign required by this Section.
The owner of any animal that is confined pursuant to this Section shall, at all times, properly maintain the approved methods of confinement and warning sign as to prevent the animal from escaping and becoming at large and prevent the public from coming in contact with the animal.
Any animal determined to be vicious or any animal that is to be confined in accordance with this Section may be held by the City at the owner's expense until all the provisions of this Section have been met.
The owner of any animal to be confined pursuant to this Section shall be required to comply with all provisions herein within ten (10) days of notice by the licensing authority or shall present evidence of reasonable good faith efforts to comply, in which event the licensing authority may extend the period to comply as necessary to meet the requirements of this Section. The owner of any animal held by the City, shall pay the charges for such confinement on a weekly basis and in the event that the owner fails to make such payment within seven (7) days of the mailing of the bill from the City hereunder, then the animal shall be deemed abandoned. All fees shall be paid in full prior to the release of the animal.
The owner of any animal that has been determined as vicious pursuant to Subsection (A) or confined in accordance with Subsection (B) of this Section as a further condition of maintaining such animal shall at all times keep and maintain liability insurance in a sum not less than fifty thousand dollars ($50,000.00) to cover any damage, harm or injury that may be caused by such animal.
Every vicious animal shall be securely muzzled and kept in a cage or on a leash of such strength so as to prevent escape from the owner whenever such animal is off the premises of its owner.
Any animal that has been determined as vicious or any animal that has been ordered to be confined in accordance with the provisions of this Section that is found off the premises of the owner in violation of this Section may be seized by any Police Officer or other authorized City enforcement personnel and the owner prosecuted for violation of this Code. In the instance where the licensing authority determines that an animal constitutes a significant threat to the public or in those instances where a vicious animal or animal confined in accordance with the provisions of this Section is found repeatedly at large, the animal may be seized by enforcement personnel and held at owner's expense until the case can be brought to trial. Confinement of such animal shall require the owner of the animal to pay the City for such confinement as provided in Subsection (D) hereof. Upon establishment of the evidence of the vicious character of such animal by testimony, the Municipal Court may order such animal to be euthanized and the owner subject to the penalties of this Chapter.
[R.O. 2013 §4-8; Ord. No. 6.8 (Bill No. 691) §8, 3-10-1983]
No person shall keep or permit to be kept on his/her premises any wild or vicious 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, circuses, or veterinary care facilities.
No person shall keep or permit to be kept any wild animal as a pet without a special permit.
[Ord. No. 2.55 (Bill No. 2716), 12-6-2018]
Applications for a wild animal permit shall be submitted to the Community Development Department in a form and format stipulated by the Department and shall include the identification of the specific wild animal for which the permit is sought and the specific location at which the wild animal will be housed.
The Community Development Director will evaluate the application using the following criteria:
The applicant can provide a sanitary, safe area for the wild animal to be kept in a humane condition.
The wild animal is not of a breed or species that makes frequent loud noises or emits any kind of odor that would be a nuisance to the surrounding neighborhood.
The wild animal is not of a breed or species that is known to carry communicable diseases that can transfer to humans in a manner that would create a public health hazard.
The wild animal is not poisonous.
The wild animal does not produce any kind of toxic odor or substance.
The wild animal is not a carnivorous predator in its natural state in the wild.
The wild animal does not have any traits or characteristics that would endanger the public or cause a public health hazard.
Applicant shall provide proof of insurance coverage for the wild animal.
After reviewing the application and gathering any necessary information, the Community Development Director will notify the applicant of the permit's approval or denial.
Permits are only for the specific wild animal at the specific location. If the location of the animal is changed a new permit will be required. If the wild animal dies or otherwise ceases being housed at the location, any replacement wild animal, even of the same breed or species, will require a new permit. Any additional wild animal kept, even of the same breed or species of wild animal that already has a permit, will require an individual permit.
If a permit is denied by the Community Development Director the applicant has ten (10) business days after receiving notification of the denial to appeal to the City Administrator. The City Administrator's decision is final.
The Health Officer shall have the power to release or order the release of any infant wild animal under temporary permit which is deemed capable of survival.
[R.O. 2013 §4-9; Ord. No. 6.8 (Bill No. 691) §10, 3-10-1983]
[R.O. 2013 §4-10; Ord. No. 6.8 (Bill No. 691) §11, 3-10-1983]
The civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with a Health Officer in the performance of his/her duties.
It shall be unlawful to keep any domestic animal without having first obtained a special annual permit from the City.
[R.O. 2013 §4-12; Ord. No. 6.8 (Bill No. 855) §2, 11-21-1985]
It shall be unlawful for any person to keep or maintain any domestic animal on any property within the City of Arnold that contains less than one (1) acre in lot area.
[R.O. 2013 §4-13; Ord. No. 6.8 (Bill No. 855) §2, 11-21-1985]
It shall be unlawful for any person to keep or maintain any domestic animal within one hundred fifty (150) feet of any residence, church, school, or hospital.
[R.O. 2013 §4-14; Ord. No. 6.8 (Bill No. 855) §2, 11-21-1985]
The Health Department shall issue a special permit for the keeping or maintenance of a domestic animal if it finds:
That the animal will be at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human health and safety or the property of others.
That the animal is receiving adequate care (defined as normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and care as necessary to maintain good health in a specific species of animal).
That the keeping of such animal shall not create a nuisance as described below:
That quarters for such animals shall be provided by the owner and adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition.
[R.O. 2013 §4-15; Ord. No. 6.8 (Bill No. 855) §2, 11-21-1985; Ord. No. 6.30 (Bill No. 2665) § 1, 5-18-2017]
Prior to the annual renewal of any special permit issued under Sections 210.110 through 210.140 or Sections 210.180 through 210.190 the Health Department shall inspect the premises subject to such special permit to determine whether the person to whom it has been issued is continuing to comply with all of the conditions specified in Sections 210.110 through 210.160 and/or Sections 210.180 through 210.190. If it is determined during any such inspection that any of the conditions therein specified are being violated, the City shall refuse to renew any such special permit, or it shall revoke such special permit in the event that such violation is not corrected within such period of time as it shall direct.
[R.O. 2013 §4-16; Ord. No. 6.8 (Bill No. 855) §2, 11-21-1985; Ord. No. 6.30 (Bill No. 2665) § 2, 5-18-2017]
Any permit revoked or denied under the provisions of Sections 210.110 through 210.150 and/or Sections 210.180 through 210.190 may be appealed to the Director of Community Development. Such appeal must be submitted in writing within ten (10) calendar days of the mailing or delivery of the notice revocation or denial. The decision of the Director of Community Development may be appealed to Circuit Court provided that such appeal is filed within thirty (30) days after the mailing or delivery of the notice of final decision in accordance with Chapter 536, RSMo.
[R.O. 2013 §4-17; Ord. No. 6.8 (Bill No. 1889) §1, 11-1-2001; Ord. No. 6.30 (Bill No. 2665) § 3, 5-18-2017]
Notwithstanding any other provision of the Code of Ordinances, the keeping of chickens is controlled by Section 210.190.
Keeping more animals than what is described in this Section constitutes a kennel. In order to operate a kennel a conditional use permit must first be obtained.
Waiver To The Maximum Number Of Pets. The City recognizes the importance of pets to the quality of life. To that end, in certain circumstances, the maximum number of pets allowed per household may be waived by the City Administrator after a recommendation is received by the Community Development Department.
[Ord. No. 6.31 (Bill No. 2672) § 2, 8-17-2017]
Must meet one (1) of the below criteria to request the waiver:
The waiver is requested by a member of a State registered, not-for-profit rescue organization (documentation must be submitted with waiver request) and provides fostering to no more than two (2) additional dogs over the three (3) limit, with a total of five (5) maximum number of pets in a home.
The waiver is requested by a property owner, or renter with property owner's permission, due to a recognized medical condition supported by a note or letter from a licensed medical practitioner recognized by the American Medical Association.
Submit a letter and the above required documentation, dependent upon the criteria met, to the Community Development Director for review.
The recommendation is then forwarded to the City Administrator for their final decision.
The applicant will be made aware of the decision.
The decision of the City Administrator is final.
[Ord. No. 630 (Bill No. 2665) § 4, 5-18-2017]
It shall be unlawful to keep any backyard chicken without having first obtained a special annual permit from the City.
[Ord. No. 630 (Bill No. 2665) § 5, 5-18-2017]
In addition to satisfying the findings required in Section 210.140, applicants seeking to keep or maintain chickens must meet the following additional criteria:
Single-Family Dwelling Only. No duplexes or attached housing including multi-family.
Minimum Lot Size. One-half (1/2) acre.
Number Of Chickens.
Six (6) chickens per one-half (1/2) acre.
Regardless of lot size, the maximum number of chickens shall not exceed fifteen (15).
Chickens must be securely constrained and enclosed in a suitable coop and enclosed pen to prevent escape.
Enclosed Pen. A pen is an enclosure where chickens feed and roam.
Pens shall be constructed to include ten (10) square feet of outdoor space per chicken.
Pens shall be maintained in a ventilated, safe, sanitary condition, and free from predators.
Pens must be surrounded by wire netting or other fence to prevent their escape and must be kept in good repair and free from peeling paint, untreated or rotted wood and rust. Tarps are not an acceptable material for fencing or as a top.
Wire netting or fencing shall not exceed six (6) feet in height.
Pens must be on level ground and graded in a direction away from the property line preventing runoff to adjacent properties.
Coops. A coop is structure where chickens roost, nest and/or are kept.
Coops shall be constructed to include two (2) square feet of space inside the coop per chicken.
Building material must be suitable to the main dwelling and weather and predator proof.
Coops shall not exceed twelve (12) feet in height.
Coops must be elevated off the ground, placed on level ground, and graded in a direction away from the property line preventing runoff to adjacent properties.
Coops may only be used for the housing of chickens and not for storage of any household or chicken related items.
Location Of Coop And Enclosed Pen.
Rear yard only.
Pen and coop must be a minimum of fifty (50) feet from neighbor's dwelling and/or pools, play structures, decks, and similar items.
Pen and coop must be a minimum of fifteen (15) feet from primary dwelling on lot.
Pen and coop must maintain a minimum fifteen-foot setback from the side and rear property line.
Cleanliness Of Site/Disposal. The presence of numerous flies or the presence of fly larvae in the vicinity of any such premises, enclosures or structures shall be evidence of lack of sanitary maintenance of the premises and shall constitute a public nuisance.
Any manure or other waste from the chicken hens shall be collected and properly removed from the premises or tilled into the soil on the premises promptly and regularly to prevent the spreading of offensive smells or diseases.
Deceased chicken must be disposed of either through burial or incineration in accordance with Federal, State, and County regulations.
All enclosures, refuse containers, and all feed containers intended for the use of chickens shall be constructed, maintained and kept in such a manner as to be completely rodent-proof.
The floors of every such enclosure shall be smooth and tight, and maintained so as to prevent accumulation of filth or water or harboring of vermin thereunder.
Chickens may not be kept inside habitable areas of the dwelling.
The coop used exclusively for chickens will not count toward the accessory structure.
No breeding of chickens or sale is permitted.
No slaughtering of any chickens is permitted.
No diseased or sick chickens.
If chickens are no longer kept, the coop and pen must be removed and the yard restored within sixty (60) days from the removal of the chickens.
The City shall have the right to enter the property to investigate any complaints and abate any violations.
No selling of eggs.
Submit application, fee, site plan and documentation meeting the above requirements for review, inspection and approval by the Health Department.
Upon approval, submit information for a building permit, if applicable.
The permit must be renewed annually after inspection and certification of compliance with these regulations.
Please note, it is the applicant's responsibility to understand and obey any subdivision restrictive covenants or indentures.