[CC 1997 §6.1; Ord. No. 53, 10-1-1951]
It shall be unlawful for any person to abandon or turn loose
any animal in or upon any public street or other public place within
the City.
A.
A person
is guilty of animal neglect when he 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.
B.
All
fines and penalties for a first (1st) conviction of animal neglect
may be waived by the court provided that 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.
[CC 1997 §6.2; Ord. No. 286, 6-11-1958; Ord. No.
800, 7-15-1970; Ord. No. 2129-89, 1-4-1989; Ord. No. 3161-00 §§1 2, 4-19-2000]
The following words and phrases when used in this Chapter shall
have the meanings respectively ascribed to them by this Section:
Normal and prudent attention to the needs of an animal, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
To reasonably restrain or govern an animal so that the animal
does not injure itself, any person, any other animal, or property.
Anyone keeping or feeding a domestic animal.
An animal declared dangerous in accordance with the provisions of Section 210.130 of this Code.
A dog not owned by a governmental unit, which dog is used
to guard public or private property.
The owner of property or in the case of leased property the
tenant thereof, on which an animal is customarily kept or harbored.
[CC 1997 §6.3; Ord. No. 286, 6-11-1958; Ord. No.
800, 7-15-1970]
The owner or custodian of any dog or cat found or kept within
the City shall be required to have such animal inoculated against
rabies.
[CC 1997 §6.4; Ord. No. 1693-83, 12-21-1983]
The owner or custodian of any dog or cat within the City shall secure an annual license for such dog or cat from the City, on or before June first (1st) of each year. No fee shall be charged for such license. The City shall register all dogs and cats so licensed and issue to the owner or custodian of each dog and cat a numbered metal tag to be kept attached to such animal at all times. Before any license is issued pursuant to this Section, the owner or custodian shall show satisfactory evidence of compliance with Section 210.030.
[CC 1997 §6.5; Ord. No. 1202-76, 10-20-1976; Ord. No.
1250-77, 11-16-1977; Ord. No. 1822-85, 7-17-1985]
A.
All
dogs and cats within the City shall be confined in an enclosure on
the property of the owner or custodian. However, they may be permitted
out of such enclosure when on a leash and in the charge of some responsible
person. All dogs and cats found contrary to the provisions of this
Section shall be taken up and impounded.
Any non-rabid dog or cat so impounded may be redeemed by paying
a redemption fee in the amount of five dollars ($5.00), after providing
proof that the non-rabid dog or cat has been inoculated and has a
license.
C.
Animals
which have bitten a human, or which have been exposed to or are suspected
of having been exposed to rabies, are to be confined as follows:
1.
Any dog, cat, puppy, kitten, or other animal which has been exposed
to or is suspected of being exposed to rabies, or has bitten a human,
shall be confined for a period or handled in a manner prescribed by
the St. Louis County Rabies Control Services. The person responsible
for the animal shall prevent contact by such animal with humans or
other animals.
2.
The confinement required under Subsection (C)(1) of this Section shall be accomplished in one (1) of the following manners:
a.
The animal may be confined by St. Louis County's impounding facilities
for clinical observation, and, if alive at the termination of this
period, shall be returned to a person responsible for the animal after
payment of the shelter service fees.
b.
At the option and expense of the person responsible for the animal,
said animal may be confined by a veterinarian in St. Louis County,
selected by the person responsible for said animal.
c.
The Rabies Control Services may authorize a person responsible for
the animal to confine the animal to his residence or other suitable
place for the clinical observation period. If the animal is to be
confined in a secure pen, it shall have an asphalt, wood, or concrete
floor, closed top, and locked gate, assuring that the clinical observation
period will be completed with the animal still confined. If confinement
is authorized under this Subparagraph, the person responsible for
the animal shall further assure that the animal shall only be allowed
outside the above-described pen or other suitable place approved by
the Rabies Control Services if the animal is on a leash which is held
by a person who is capable of, and is in fact, controlling the animal
in question.
d.
If the person responsible for the animal resides outside of the City
and is leaving to immediately return to his residence and wishes to
quarantine the animal under this Section, the Rabies Control Services
officer may, in his discretion, permit such a quarantine, but only
upon satisfaction of all of the following conditions:
The animal must be examined by a veterinarian prior to leaving
the City.
e.
The Rabies Control Services shall contact a veterinarian (who may
be licensed by a State other than Missouri) who has attended the animal
in the past to determine whether the animal is currently protected
from rabies by an effective vaccination.
f.
The veterinarian so contacted or another veterinarian designated
by the person responsible for the animal must agree to examine the
animal at the end of the quarantine period and to report the results
of the examination to the Rabies Control Services within three (3)
days of such examination.
g.
For the purpose of this Subparagraph, a veterinarian need not be
licensed in the State of Missouri if he is currently licensed in another
State of the United States.
3.
If an animal confined pursuant to this Section dies during the observation
period, regardless of the location or the cause of death, the head
shall be removed and submitted to a laboratory designated by the Rabies
Control Services for examination for rabies.
4.
Any person within the City, having information or knowledge of any
animal showing signs of rabies or having been exposed to rabies, shall
report such knowledge or information to the St. Louis County Department
of Community Health and Medical Care immediately.
5.
It shall be the duty of any person bitten by any animal, or the parent
or guardian of any person, seventeen (17) years of age or under, bitten
by an animal, to immediately report the occurrence to the St. Louis
County Department of Community Health and Medical Care. Such report
shall contain the name and address of the person responsible for the
animal, the day and time of the bite, the location in the City where
the bite occurred, and a general description of the animal.
6.
Every physician shall immediately report to the St. Louis County
Department of Community Health and Medical Care, the full name, age
and address of any person under his care or observation, who has been
bitten by an animal irrespective of whether infected with rabies or
suspected of being infected with rabies, or not so infected, or so
suspected.
7.
Every veterinarian treating or having under observation, any animal
infected with, or suspected of being rabid, or suspected of having
been exposed to rabies, shall report to the St. Louis County Department
of Community Health and Medical Care, the name of a person responsible
for the animal, and vaccination registration number, if any.
[CC 1997 §6.6; Ord. No. 286, 6-11-1958; Ord. No.
800, 7-15-1970]
The City Manager is hereby authorized to enter into a contract
with the County for dog and cat catching and rabies control services.
[CC 1997 §6.7; Ord. No. 286, 6-11-1958; Ord. No.
800, 7-15-1970]
For the protection of the residents of the City, City Policemen
are authorized and empowered to destroy any dog or cat running at
large on public or private property that is found to be vicious or
is menacing the lives or safety of the inhabitants of the City.
[CC 1997 §6.8; Ord. No. 1202-76, 10-20-1976; Ord. No.
3997-08 §1, 9-3-2008]
No one shall keep, board or otherwise have on their property more than two (2) dogs and one (1) cat or two (2) cats and one (1) dog, unless a kennel is authorized in accordance with the provisions of Chapter 405: Zoning Regulations.
[CC 1997 §6.9; Ord. No. 1202-76, 10-20-1976; Ord. No.
3173-00 §1, 5-17-2000]
The Rabies Control Officer is hereby authorized to issue a summons
to any person violating any of the terms of this Chapter, and thereafter,
such summons shall be prosecuted as all other violations of the Hazelwood
City Code. He shall enforce all provisions of this Chapter and determine
whether or not all dogs and cats on public property, including those
on a leash, have a license and otherwise comply with this Chapter.
[CC 1997 §6.10; Ord. No. 1208-77, 1-5-1977]
It shall be unlawful for any person owning or in control of
any animal to allow or permit such animal to defecate upon any private
property owned by another, condominium common elements, or public
property, unless such person shall remove all feces so deposited by
such animal.
[CC 1997 §6.11; Ord. No. 1822-85, 7-17-1985]
A.
Every
person responsible for any animal shall keep it from creating a nuisance.
B.
An
animal creates a nuisance if it:
1.
Soils, defiles, or defecates on urban property other than the property
of a person responsible for the animal, or common elements of a condominium,
unless such waste is immediately removed by a person responsible for
the animal and deposited in a waste container or buried on ground
where the person responsible for the animal has permission or the
right to bury it.
2.
Damages public property or property belonging to a person other than
a person responsible for the animal, or common elements of a condominium.
3.
Causes unsanitary, or dangerous conditions.
4.
Causes a disturbance by excessive barking, howling, meowing, or other
noise making.
5.
Chases vehicles, including bicycles.
6.
Molests, attacks, bites, or interferes with persons or other animals
on public property, property not belonging to a person responsible
for the animal, or common elements of a condominium.
7.
Impedes refuse collection, mail delivery, or meter reading or other
public service activities by annoying persons responsible for such
activities.
8.
Tips, rummages through, or damages a refuse container.
9.
Contributes to rodent or insect problems.
[CC 1997 §6.12; Ord. No. 1822-85, 7-17-1985; Ord. No.
4491-16 §2, 6-15-2016]
A.
For the purpose of this Code, the term non-domestic animal includes all animals except domestic fowl kept in full conformity with Section 210.160 and traditional household pets such as dogs, cats, caged birds such as parrots, parakeets, doves and similar birds routinely bred for captivity and close human contact, small caged animals such as hamsters, rabbits, guineas and similar small animals routinely bred for captivity and close human contact, and aquarium animals.
B.
It shall be unlawful for any person to bring into, send into, receive
into, buy, sell, or possess, in the City, a non-domestic animal as
defined herein, without first applying for and obtaining a permit
from the City Manager. No permit shall be granted without documentation
that the keeping of said animal would be in full compliance with the
provisions of the Animal Control Code of St. Louis County and the
Wildlife Code of Missouri.
C.
Exemptions. The provisions of this Section shall
not apply to the keeping of non-domestic animals in the following
cases:
1.
The uninterrupted transportation of non-domestic animals through
Hazelwood, Missouri.
2.
The keeping of such animals in zoos, bona fide educational or
medical institutions, museums, or any other place where they are kept
as live specimens for public view, or for the purpose of instruction
or study.
3.
The keeping of such animals for exhibition to the public by
a circus, carnival, or other exhibit or show.
4.
The keeping and offering for sale of such animals by a bona
fide commercial pet shop establishment.
[CC 1997 §6.13; Ord. No. 2129-89, 1-4-1989; Ord. No.
3031-99 §1, 1-20-1999; Ord. No. 4572-17, 9-6-2017]
A.
Classification. The Chief of Police or his designated representative
shall classify any animal with the following characteristics as a "dangerous animal" for purposes of this Section and Section 210.140 of this Code:
1.
Any animal which has inflicted a severe or fatal injury on a human
on public or private property. "Severe injury" means
any physical injury resulting directly from an animal's bite, which
results in broken bones or lacerations requiring stitches, or hospitalization.
The victim receiving severe injuries as defined above, must provide
the Police Chief with a signed physician's statement documenting the
injury and the treatment qualifying such as a severe injury, or sign
an authorization for the release of such statement.
2.
Any animal which has attacked or bitten a human being or domestic
animal, without provocation, on public or private property other than
the property of the owner.
3.
Any animal which, while on the owner's property, has attacked or
bitten, without provocation, a human being other than the owner or
a member of the owner's family who normally resides at the place where
the animal is kept, or domestic animal.
4.
Any animal which, while off the owner's property, has killed a domestic
animal, livestock, or poultry without provocation.
5.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting.
6.
Any animal which, when unprovoked, chases or approaches a person
upon the streets, sidewalks, or any public grounds, or private property
other than that property of the owner, in a menacing fashion or apparent
attitude of attack, regardless of whether or not a person is injured
by said animal.
7.
Any animal with a known propensity, tendency or disposition to attack
unprovoked, to cause injury, or to otherwise threaten the safety of
human beings or domestic animals.
8.
In addition, in any administrative or judicial proceeding relating
to the provisions of this Section, there shall be a rebuttable presumption
that any of the following are dangerous animals and may only be owned
or maintained within the City in strict compliance with all provisions
of this Section:
a.
Any "bull terrier" breed of dog, which shall be
defined as any Staffordshire bull terrier breed of dog, and/or, any
American pit bull terrier breed of dog, and/or any American Staffordshire
terrier breed of a dog, and/or, any mixed breed of dog which contains,
as an element of its breeding, genetic components of the aforementioned
bull terrier breed of dog, and/or, any dog which has the appearance
and characteristics and is known by the owner to be predominantly
of the breeds of the bull terriers, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier; and/or any other
breed commonly known as pit bulls, pit bull dogs or pit bull terriers,
or a combination of any of these breeds.
B.
Notice. Within five (5) working days after classifying an
animal as a "dangerous animal", the Chief of Police or his designated representative shall notify the animal's owner of such classification, in writing. The notice shall identify the requirements and conditions for maintaining a dangerous animal as set forth in this Section and Section 210.140. If the owner cannot be located, the animal may be immediately impounded and notice shall be posted at the owner's last known address.
C.
Appeal And Hearing. If the circumstances surrounding the classification as a dangerous animal under any of the definitions listed in Subsection (A) of this Section are in dispute or if the animal owner contests the classification, then the owner has the option of submitting, within five (5) working days of Notice of said classification, a written request to the Chief of Police for a hearing to contest the "dangerous animal" classification.
1.
The City Manager shall, within ten (10) working days after receipt
of a bona fide written request, designate a Hearing Officer to conduct
the hearing and render a decision.
2.
Pending the outcome of such a hearing, the animal must be confined
in such a manner so as not to be a threat to any person. The confinement
may be on the owner's premises or with a licensed veterinarian.
3.
The Hearing Officer shall determine whether to declare the animal
to be a "dangerous animal" based upon evidence and
testimony presented at the time of the hearing, in addition to witnesses,
animal control personnel, Police or any other person possessing information
pertinent to such determination. The hearing shall be informal and
strict rules of evidence shall not apply. The owner may be represented
by counsel, present oral and written evidence, and cross examine witnesses.
4.
The Hearing Officer shall issue a decision after the close of the
hearing and notify the owner in writing of the decision. The owner
or possessor of the animal found to be a "dangerous animal" shall be required to maintain the animal as herein provided in this
Code.
5.
Any person aggrieved by the determination of the Hearing Officer
may appeal the decision to the Circuit Court of St. Louis County pursuant
to the provisions of Chapter 536, RSMo.; provided however, that any
appeal must be filed with the Circuit Court within five (5) days of
the date of the Hearing Officer's decision.
D.
Exemptions To Dangerous Animal Classification.
1.
No animal may be declared a "dangerous animal" if
the threat, injury or damage was sustained by a person who, at the
time, was committing a willful trespass or other tort upon the premises
occupied by the owner or keeper of the animal, or was teasing, tormenting,
abusing, or assaulting the animal, or has, in the past, been observed
or reported to have teased, tormented, abused or assaulted the animal
or was committing or attempting to commit a crime.
2.
The Chief of Police may, because of extenuating circumstances, determine
from the investigation of an incident, that an animal is not dangerous.
However, the owner, being responsible for said animal, shall be warned
of the animal's tendencies and shall take appropriate action to prevent
subsequent incidences. This, however, does not exempt the owner from
being cited for other animal control ordinance violations.
3.
Animals owned by governmental or law enforcement agencies when being
used in the services of those agencies are exempt.
4.
Actions to be taken for dangerous animals causing severe
or fatal injuries.
[CC 1997 §6.14; Ord. No. 2129-89, 1-4-1989; Ord. No.
3031-99 §2, 1-20-1999; Ord. No. 4572-17, 9-6-2017]
A.
From
and after June 1, 1999, owners or keepers of an animal that has been
declared a dangerous animal may maintain the dangerous animal only
subject to the following limitations, requirements and conditions:
1.
Registration. Within ten (10) days of June 1, 1999,
or the acquisition of a dangerous animal, every owner or keeper of
a dangerous animal in the City shall register said animal with the
Chief of Police of the City on the "dangerous animal" registry. Failure to so register shall constitute a violation of
this Section. Notice of this requirement shall be given by posting
a copy of this Section in City Hall.
2.
Rabies quarantine impoundment. Any dangerous animal which bites or scratches a human, or any animal which is determined to be dangerous because of such biting or scratching of a human, shall be impounded for a ten (10) day rabies quarantine in accordance with the provisions of Section 210.050 of this Code.
3.
Collar. Any dangerous animal shall wear at all times,
a bright orange collar with a large brightly colored metal tag attached
to the collar so the animal can readily be identified as a dangerous
animal.
4.
Loose, unconfined or missing dangerous animal. The
owner or keeper shall notify the Police Department immediately if
a dangerous animal is loose, unconfined or missing, has attacked another
animal or has attacked a human being.
5.
Reporting requirements. The owner or keeper shall
notify the Police Department within twenty-four (24) hours:
a.
Death or transfer of ownership. If a dangerous animal
has died or has been sold or given away, or otherwise transferred
in ownership or possession. If the animal has been sold, given away,
or otherwise transferred in ownership or possession, the owner or
keeper shall provide the Police Department with the name, address
and telephone number of the new owner or keeper, and, if the dog is
kept within the City limits of Hazelwood, the new owner or keeper
must comply with the requirements of this Chapter.
b.
Birth. All offspring born of dangerous animals within
the City must be removed from the City within two (2) months of their
birth.
c.
New address. Of the new address of a dangerous animal
owner or keeper should the owner or keeper move from one address within
the corporate City limits to another address within the corporate
City limits.
6.
Confinement.
a.
All dangerous animals must be securely confined indoors or in a securely
enclosed and locked pen, kennel or other structure, except when leashed
and muzzled as provided herein. The pen, kennel or other structure
must be suitable to prevent the entry of young children and designed
to prevent the animal from escaping. Such pen, kennel or other structure
must have minimum dimensions of five (5) feet by ten (10) feet and
must have secure sides and secure top attached to all sides. The pen,
kennel, or other structure must be locked with a key or combination
lock when dangerous animals are confined within. The pen, kennel,
or other structure must have a secured bottom or floor attached to
all sides; however, if it has no bottom secured to the sides, the
sides must be embedded in the ground no less than twelve (12) inches.
The enclosure must also provide protection from the elements for the
animal.
b.
The enclosure, when occupied by a dangerous animal, shall not be
occupied by any other animal. If the dangerous animal is a female
with offspring under three (3) months of age, the offspring may occupy
the same enclosure as the mother.
c.
All structures erected to house dangerous animals must comply with
all zoning and building regulations of the City. All such structures
must be adequately lifted and ventilated and kept in a clean and sanitary
condition.
d.
No dangerous animal may be kept on a porch, patio, or in any part
of a house or structure that would allow the animal 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 animal from exiting
the structure.
7.
Signs. The owner or keeper shall display a sign
on his premises that there is a dangerous animal on the property and
which bears a symbol warning children of the presence of a dangerous
animal. This sign shall be visible and capable of being read from
the public highway or thoroughfare from which the property is entered.
In addition, a similar sign is required to be posted on the kennel
or pen or fenced yard of such animal.
8.
Leash and muzzle. A dangerous animal 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 responsible person. The muzzle must not cause injury
to the animal or interfere with its vision or respiration but must
prevent it from biting any person or animal.
9.
Insurance. The owner or keeper of a dangerous animal
shall present to the Police Department proof that the owner or keeper
has procured liability insurance in a single incident amount of at
least one hundred thousand dollars ($100,000.00), for bodily injury
to or death of any person or persons or for damage to property owned
by any persons which may result from the ownership, keeping or maintenance
of such animal covering the twelve (12) month period during which
licensing is sought. An effective insurance policy with the coverage
and in the amounts specified herein must be maintained by the owner
or keeper at all times. This policy shall contain a provision requiring
the City of Hazelwood receive ten (10) days' written notice by the
insurance company prior to any cancellation, termination, or expiration
of the policy.
10.
Photographs. All owners or keepers of dangerous
animals, must, within ten (10) days of such classification, provide
the Police Department with two (2) color photographs (one (1) showing
the left profile and the other showing the right profile) of the animal,
clearly showing the color, distinguishing markings, and approximate
size of the animal.
11.
Compliance, violations and penalties.
a.
It shall be unlawful for the owner or keeper of a dangerous animal
within the City of Hazelwood to fail to comply with requirements and
conditions set forth in this Section. Any animal found to be in violation
of this Section may be, in addition to other penalties provided by
the Municipal Code, subject to immediate seizure and impoundment for
a minimum of ten (10) days or the time necessary for the owner or
keeper to show compliance with this Section, whichever is shorter.
b.
Any person found guilty of violation any provision of this Section shall be punished as provided in Section 100.130 of this Code. In addition to any penalty as provided above, the Court shall order the registration of the subject dangerous animal revoked and the animal revoked from the City. Should the defendant refuse to remove the animal from the City, the Municipal Court Judge may find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this Section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this Section.
[CC 1997 §6.15; Ord. No. 2129-89, 1-4-1989]
A.
No
person shall own, keep, harbor, maintain or allow to be upon any premises
occupied by him or under his charge or control, any guard dog without
such dog being confined behind a fence from which it cannot escape.
No guard dog may be kept in any part of 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. Guard
dogs must not be used or maintained in a manner which, as determined
by the Director of Public Works, endangers individuals on or off the
premises guarded.
B.
Any
guard dog, including law enforcement dogs, used in the City by virtue
of such use is hereby declared to be subject to the license and rabies
vaccination requirements of this Chapter.
C.
All
guard dogs residing in or used as such in the City of Hazelwood must
be registered annually with the Public Works Department.
[Ord. No. 4491-16 §1, 6-15-2016]
A.
Limitations On Keeping Domestic Fowl.
1.
It shall be unlawful for a person, other than a veterinary hospital
or pet shop, to keep domestic geese, ducks, chickens or turkeys (domestic
fowl) within the City in any structure used for human habitation.
2.
It shall be unlawful for a person, other than a veterinary hospital
or pet shop, to keep domestic fowl within the City for commercial
or resale purposes on any property that is not zoned and used for
farm purposes.
3.
It shall be unlawful for a person to keep more than three (3)
domestic fowl as pets or for domestic egg production on any property
that is not zoned and used for farm purposes.
4.
No crowing hens or adult male chickens may be kept on any property
that is not zoned and used for farm purposes.
5.
Domestic fowl kept as pets or for domestic egg production must
be adequately confined within the private property boundaries of the
owner's yard sufficient to prevent their escape.
6.
Any person desiring to keep domestic fowl may do so only upon
obtaining a permit for same from the City.
B.
Permit Required. No person may keep upon his/her
premises any domestic fowl on any property that is not zoned and used
for farm purposes except as provided in this Section.
1.
Any person desiring to keep any domestic fowl within the City
shall file with the City's Public Works Department a written
application for a permit, accompanied by a non-refundable application
fee in the amount of twenty-five dollars ($25.00).
2.
Permits granted under this Section may not be transferred to
a new owner.
3.
Approval of the permit will be granted upon successful completion
of an inspection(s). If multiple inspections are required, an additional
fee of twenty dollars ($20.00) per inspection shall be charged. Each
permit shall be for a term of three (3) years from the date thereof,
unless sooner revoked as provided herein. A successive permit for
an additional period of three (3) years may be issued through the
same procedures as for an initial application.
4.
Notwithstanding any provision herein to the contrary, each property
harboring domestic fowl which exists before the effective date of
this Section on June 15, 2016, shall comply with the provision of
this Section and obtain a permit within one hundred twenty (120) days
after the effective date of this Section.
C.
Permit Criteria And Performance Standards. A permit
may be issued if all of the following conditions are satisfied:
1.
Domestic fowl may be kept for purely domestic purposes only.
No animals or eggs may be sold to any person not a resident of the
premises where kept. No domestic fowl may be slaughtered on the premises.
2.
The domestic fowl shall be safely and securely confined within
an enclosed area containing a coop and associated enclosure which
may not be greater than thirty (30) square feet in size but must provide
a minimum of four (4) square feet for each fowl harbored therein.
The coop must have a hard roof, and the coop and enclosed area must
be completely secured from predators and contain an area within which
the fowl may move at large. No more than one (1) coop is allowed per
permitted parcel. The domestic fowl shall not be permitted to run
at large in or upon the public streets, open lots or private properties
of the City.
3.
The coop and enclosure, and the materials used to construct
coop and enclosure shall be of the same materials sold in the commercial
marketplace. The coop and enclosed area shall appear professional
in design and workmanship. It shall be constructed with proportional
dimensions. Plastic tarp roofs; junk and materials not commercially
used for coops and enclosures are not allowed. No part of any coop
or associated enclosed area may be attached to any building on the
premises other than a detached garage.
4.
The coop and enclosed area shall be maintained in a ventilated,
clean, safe and sanitary condition containing adequate space for humane
treatment. The coop and enclosed areas shall be maintained in good
repair and free of noxious odors.
5.
The coop and enclosed area shall be designed and maintained
at all times to effectively prohibit accessibility by predators.
6.
Coops and enclosed areas shall be located entirely and only
in the rear yard. Coops and the material establishing the boundaries
of the enclosed areas shall meet all rear and side yard setback requirements
for accessory structures in accordance with the zoning district in
which the property is located but in no event shall be less than ten
(10) feet from the principal building on the lot and from any property
line. Coops and enclosed areas shall not be visible from adjoining
properties at ground level or from any street, public or private,
through the proper use of fencing, walls, berms, or densely planted
vegetation, or any combination thereof.
a.
If vegetation is used, it shall be planted in a designated buffer
strip at least three (3) feet in width along the side and rear property
lines, and across the side yards to obscure visibility from the street.
Said area shall be so designed and planted as to be one hundred percent
(100%) opaque when viewed horizontally by a person standing at ground
level, at a height no less than six (6) feet from ground level, at
the time of planting. Existing vegetation, alone or in combination
with a fence or wall, that achieves the vegetative opacity and minimum
height requirements set forth herein, may be approved by the City
Manager in lieu of the minimum buffer width standards.
b.
An opaque fence or wall of sufficient height surrounding the
coop and enclosed area or rear yard of the property may also serve
to screen the area for domestic fowl. Fence and wall construction
shall meet all standards pursuant to the City's fence standards
and shall be permitted separately. Fences and walls used in this manner
may be located on the property line.
7.
Any manure or waste shall be collected and properly removed
from the premises or tilled into the soil on the premises promptly
and regularly to prevent offensive smells or conditions conducive
to disease.
8.
Food for domestic fowl shall be stored in a container which
is kept dry and sanitary and in a rodent-proof, insect-proof and leak-proof
condition at all times.
9.
No person shall keep domestic fowl in a manner so as to create
a nuisance.
10.
The keeping of domestic fowl pursuant to a permit issued under
this Section shall comply with all ordinances of the City.
11.
By applying for a permit under this Section, the property owner
authorizes City officials, at all reasonable times and in a reasonable
manner, to enter upon and inspect the property with respect to which
the permit is applied for to determine whether the keeping of domestic
fowl violates this Section or any other applicable ordinances.
D.
Revocation Of Permits To Keep Domestic Fowl.
1.
In addition to any other penalty provided by law for violation
of this Section or any other provision of this Code of Ordinances,
if the holder of a permit allows any nuisance or unsanitary condition
to exist upon the premises, or any violation of this Section, any
of the conditions or performance standards provided herein, or other
applicable laws, to exist after notice of violation from the City,
then such permit for domestic fowl may be disciplined or revoked after
hearing, upon determination by the Chief of Police or designee that
such domestic fowl is being maintained in an unsanitary condition,
or in violation of this Section, any of the conditions or performance
standards provided herein, or other applicable laws. All domestic
fowl must be disposed of or removed from the City no more than ten
(10) days following receipt of notice of revocation after hearing
from the City.
2.
Any applicant or permit holder aggrieved by a decision of: (a)
the Public Works Department in regard to issuance of a permit, or
(b) the Chief of Police or designee in regard to discipline or revocation
of a permit, may appeal the decision to the City Manager within five
(5) business days of said decision by filing a written request for
reconsideration and appeal setting forth in a thorough and concise
manner the decision being appealed and all grounds known to the appellant
as to wherein and why the decision is allegedly in error. The City
Manager may consider the appeal on the record of the prior decision
or may, at the Manager's sole discretion, receive additional
evidence in such manner as deemed appropriate in light of the circumstances.
