[Ord. No. 800-12 §1(4-1), 12-19-2012; Ord. No. 804-13, 1-16-2013]
As used in this Chapter, the following terms mean:
- ABANDON OR ABANDONMENT
- Placing an animal in an environment where the animal is separated from basic needs such as food, water, shelter or necessary medical attention for a period longer than twenty-four (24) hours. Abandonment includes failure to reclaim an animal seventy-two (72) hours beyond the time agreed upon with a kennel, grooming service, or similar facility. Abandonment includes failure to reclaim a pet from an animal shelter beyond seventy-two (72) hours of notification or refusal to sign relinquishment authorization.
- 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 Missouri Department of Agriculture Division of Animal Health 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.
- ADULT ANIMAL
- Any dog or cat that reached the age of one hundred eighty (180) days or six (6) months or more.
- Every non-human species, both domestic and wild.
- 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, whether licensed or unlicensed, which is not under physical restraint imposed by the owner or handler, or is not capable of being immediately controlled by the owner or handler when off the premises of the owner. Cats are excluded from this definition.
- 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.
- CHICKEN EMBRYO ORIGIN VACCINE
- Vaccine which is manufactured using the embryo of a chicken as a growth medium and also known as Flury Strain vaccine.
- Means and refers to the City of Byrnes Mill.
- The removal of ground cover and/or vegetation so as to lay bare the supporting soil.
- DOMESTIC ANIMAL
- Any dog, cat, swine, goat, lamb, sheep, horse, pony, donkey, cattle, chicken, duck, and turkey.
- The humane destruction of an animal accomplished by a method approved by the most recent report of the American Veterinary Medical Association Panel on Euthanasia that results in unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness.
- EXPOSED TO RABIES
- Any dog or cat, 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.
- FARM-RELATED ANIMAL
- Any animal that is commonly found on a farm such as swine,
goat, lamb, sheep, horse, pony, donkey, cattle, chicken, duck, and
turkey, or other animals by special permit.[Ord. No. 902-19, 7-24-2019]
- HEALTH OFFICER
- Any person designated by the State of Missouri, a municipal government, or a humane society as a Law Enforcement Officer who is called to perform such duties under the laws of this State. This includes the Code Enforcement Officer for the City of Byrnes Mill.
- 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 or confining of any animal by the health officer or his agent.
- 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 commercial activity, i.e., selling, breeding, boarding, or training dogs or cats or both. 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 long as the sales are limited to no more than four (4) animals per year.
- LICENSING AUTHORITY
- The agency or department of the City of Byrnes Mill, 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.
- See Public nuisance.
- 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.
- Any deliberate act by a person towards a dog or any other animal done with the intent to tease, torment, abuse, assault, or otherwise cause a reaction by the dog or other animal; provided however, that any act by a person done with the intent to discourage or prevent a dog or other animal from attacking shall not be considered provocation.
- PUBLIC NUISANCE
- Any animal or animals which:
- 1. Damages, soils, defiles, or defecates on private property other than the owner's (including the fouling of the air) 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 by lunging at fences, chasing, or acting aggressively towards such person(s), unless provoked by such person(s);
- 3. Attacks other animals;
- 4. Trespasses on school grounds;
- 5. Is repeatedly at large;
- 6. Damages and/or denudes 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;
- 8. Reduces the property value of land or real property for which the animal is housed, roams, or kept.
- The isolation of an animal in an enclosure so that the animal cannot have physical contact with other animals or persons without recognized authority to be near or about the quarantined animal.
- 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.
- RESPONSIBLE PERSON
- Any person who is capable to handle the physical control, i.e., the charge, care, control, custody, or possession, or responsibility for the same, of an animal at any given time. An "owner" shall be presumed to have ultimate responsibility for the physical control of the animal and may divest himself/herself of such responsibility only by the transferring of, or giving permission for, actual physical control of the animal to a legally responsible adult person of age eighteen (18) or more. Whenever such other person of the requisite age has responsibility for physical control of the animal, such person shall be the "responsible person". At all other times, the "owner" shall be presumed to be the "responsible person".
- An animal, off the premises of its owner's real property, is under restraint within the meaning of this Chapter:
- 1. Under the physical control of its owner or person over the age of twelve (12) years having charge, care, custody or control of the animal;
- 2. If it is controlled by a line or leash not more than six (6) feet in length;
- 3. When within a vehicle being driven, parked or stopped. Animals confined in or upon a motorized vehicle shall be considered physically restrained, providing that the animal's body parts cannot extend beyond two (2) inches from the vehicle, when the vehicle is not in motion and not more than the length of the distance from the animal's shoulders to the tip of its muzzle when the vehicle is in motion;
- 4. 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 not forbidden.
- SENIOR RATE
- The rate charged for any person at or above the age of sixty-two (62).
- 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 authorized agent, of a specified dose of anti-rabies vaccine 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 which, in a threatening and terrorizing manner, approaches any person upon the streets, sidewalks, or any public grounds or places in an apparent attitude of attack and/or 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. Whether an animal has been properly licensed under the provisions of this Section shall have no relevance to the determination of whether an animal is a "vicious animal" as defined herein.
- 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 warm-blooded animal which can normally be found in the wild.
[Ord. No. 800-12 §1(4-2), 12-19-2012]
No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, 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 City office, Police Department or Health Officer.
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 own property common rat poison mixed only with vegetable substances.
[Ord. No. 800-12 §1(4-2.1), 12-19-2012]
It shall be unlawful for any person to taunt, torment, tease, beat, strike, interfere with, endanger, injure or kill or administer or subject any desensitizing drugs, chemicals or substance to any dog used by a Police Officer in the performance of his duties or when the dog is in any enclosure while off duty; provided however, that this restriction does not apply to a Police Officer or veterinarian that may perform euthanasia in emergency situations when delay would cause the dog undue suffering and pain.
Any person violating these provisions shall be subject to the penalties provided for violation of City ordinances.
[Ord. No. 800-12 §1(4-3), 12-19-2012]
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.
[Ord. No. 800-12 §1(4-4), 12-19-2012]
The provisions of Section 205.040(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 205.040(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 bears a vaccination tag as required by Section 205.270 of this Chapter.
[Ord. No. 800-12 §1(4-5), 12-19-2012]
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.
[Ord. No. 800-12 §1(4-6), 12-19-2012]
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:
While on the owner's property, the animal must be securely confined indoors or in a securely enclosed and locked pen, cage 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 top. 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. The enclosure, when occupied by a vicious animal, shall not be occupied by any other animal. If the animal is a female with offspring under three (3) months of age, the offspring may occupy the same enclosure as the mother; or
In addition to the requirements of Subsection (B)(1) 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 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. The animal shall wear at all times a bright orange collar with a large brightly colored metal tag attached to the collar so it can readily be identified as a vicious animal.
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. The animal may not 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.
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 City may contract with a pound, shelter or other similar facility operated by the State or any political subdivision of the State for the purpose of impounding or harboring any animal seized pursuant to this Section. An owner of any animal to be confined pursuant to this Section shall be required to comply with all provisions herein before the animal will be released into the City limits. It is the responsibility of an owner to know, understand and comply with time limits and guidelines of the facility harboring the animal. The owner of any animal held by or on behalf of the City shall pay the charges for such confinement. If the City harbors the animal, the owner shall pay all charges 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 by the City.
[Ord. No. 861-15 §1, 10-21-2015]
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 one hundred thousand dollars ($100,000.00). The owner must also present to the City proof that they have procured liability insurance covering the twelve (12) month period during which the licensing is sought. This policy shall contain a provision requiring the City to be notified by the insurance company of any cancellation, termination, or expiration of the policy.
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. It must be 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 be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but must prevent it from biting any person or animal.
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.
The owner of any dangerous or vicious animal shall microchip the animal and register the microchip number with the City.
The owner or keeper shall notify the City, Police Department or Health Officer immediately if a dangerous animal is loose, unconfined or missing, has attacked another animal or has attacked a human being.
The owner or keeper shall notify the City, Police Department or Health Officer within twenty-four (24) hours if a dangerous animal has died or has been sold or given away. If the animal has been sold or given away, the owner or keeper shall provide the Police Department with the name, address and telephone number of the new owner, and, if the dog is kept within the City limits of Byrnes Mill, the new owner must comply with the requirements of this Section.
[Ord. No. 800-12 §1(4-7), 12-19-2012; Ord. No. 804-13, 1-16-2013]
In the prosecution charging a violation of Sections 205.040 through 205.070, proof that an animal was running at large in violation of said Sections, together with proof that the defendant named in the complaint was, at the time described in the complaint, the person who owned such animal, shall constitute a prima facie presumption sufficient for conviction that the owner of such animal was the person that permitted such animal to run at large.
Failure to comply with the provisions of such Sections shall subject the owner to a fine not exceeding five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or both, and may be adjudged to pay the costs of prosecution.
[Ord. No. 800-12 §1(4-8), 12-19-2012]
No person shall keep or permit to be kept on his 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 performing animal exhibitions, circuses, or veterinary care facilities.
No person shall keep or permit to be kept any wild animal as a pet.
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.
[Ord. No. 800-12 §1(4-9), 12-19-2012]
No performing animal exhibition shall be permitted in which animals are induced or encouraged to perform in a manner which will cause, or is likely to cause, physical injury or suffering.
All equipment used on a performing animal shall fit properly, be in good working condition and is required to be purposed and used as intended.
[Ord. No. 800-12 §1(4-10), 12-19-2012]
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 duties.
[Ord. No. 800-12 §1(4-11), 12-19-2012; Ord. No. 804-13, 1-16-2013]
Except as otherwise specifically provided, any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine not exceeding five hundred dollars ($500.00), or imprisonment for not more than ninety (90) days, or both. If any violation be continuing, each day's violation shall be deemed a separate violation. If any person be found guilty by a court of violating Section 205.100, his permit to own, keep, harbor, or have custody of animals shall be deemed, automatically revoked, and no new permit may be issued.
[Ord. No. 800-12 §1(4-12), 12-19-2012]
All dogs and/or cats which have been weaned and are at least four (4) months old shall be deemed subject to and liable for license tags. The license fees as detailed in Section 205.200 will be paid by any person(s) owning dogs and/or cats which are at least four (4) months old and have been weaned shall secure a license from the City of Byrnes Mill. Such license tag shall be secured on August first (1st) of each year.
[Ord. No. 800-12 §1(4-13), 12-19-2012]
It shall be unlawful for any person to keep or maintain any domestic animal on any property within the City of Byrnes Mill that contains less than one-quarter (0.25) acre in lot area without a special permit.
[Ord. No. 800-12 §1(4-14), 12-19-2012]
It shall be unlawful for any person to keep or maintain any domestic animal within one hundred fifty (150) feet of any residence, church or school unless a special annual permit therefore is first obtained from the City.
[Ord. No. 800-12 §1(4-15), 12-19-2012]
The City shall issue a special permit for the keeping or maintenance of a domestic animal and the City may issue a temporary permit for the keeping or maintenance of an infant wild animal (one (1)) if it finds:
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.
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).
The keeping of such animal shall not create a nuisance as described below:
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.
The keeping of chickens shall be permitted in single-family residences only, and only if a special permit (poultry) has been obtained. The permit to keep not more than five (5) chickens is allowed and the following conditions must be satisfied:
The chickens must be adequately confined within a coop or pen surrounded by wire netting or other fence to prevent their escape therefrom and kept in good repair and free of peeling paint, untreated or rotted wood and rust;
The pen shall be maintained in a ventilated, safe and sanitary condition, which has adequate space for humane treatment and free from predators;
Any manure or other waste from the chickens 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;
Young roosters less than one (1) year old may also be kept as part of the total of five (5), but the keeping of young roosters that crow so as to be heard from a distance of ten (10) feet is strictly prohibited;
No slaughtering of any chickens shall be allowed except within a fully enclosed premise completely blocked from public view;
No person shall keep chickens in any manner so as to create a nuisance as defined in our ordinances;
Chicken coops or pens must be at least forty (40) feet from any part of a residential dwelling or place of business on adjoining properties;
Chicken coops or pens must be set back at least twenty (20) feet from any boundary or property line, or at least twenty-five percent (25%) of width of the property;
Chicken coops or pens may only be kept in a rear yard;
Fighting or aggressive birds may not be kept;
The keeping of chickens pursuant to a license issued under this Section shall also comply with all ordinances of the City;
Nothing in this Section shall be deemed to preclude the enforcement of any violation of any City ordinances committed in connection with the keeping of chickens, notwithstanding the issuance of such license; and
By applying for a license 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 such license is applied for to determine whether the keeping of chickens violates this Section or any other applicable ordinances.
The annual fee for a license shall be twenty-five dollars ($25.00) to help defray costs of inspection and enforcement, payable on issuance of the permit and on August first (1st) of each year. After completion of three (3) years with a permit and with no violations of this Chapter, no annual fee shall be required so long as there are no violations of this Chapter, and the license shall remain in effect until revoked.
The City shall ensure that the permit owner acknowledges in writing that the owner has been advised by the City:
The ordinance allowing chickens may be amended or repealed at any time and that the owner acquires no vested rights to have or raise chickens by virtue of the issuance of the license; and
The keeping and handling of chickens may cause health hazards and that adequate health precautions are the responsibility of the owner.
Upon written application, variances from the requirements of this Chapter may be granted by the City, if there are practical difficulties in compliance and proof of notice of the variance application is sent to all adjoining property owners. Requests for variances from the provisions of Subsection (5)(h) and (i) shall be accompanied by a written consent by all adjacent property owners directly affected by any encroachment.
The City may issue a temporary permit in order to provide care for an infant wild animal (one (1)) until such time as the animal is mature enough to be reintroduced into the wild or one hundred eighty (180) days, whichever comes first. The permit shall expire in one hundred eighty (180) days after issue. The permit holder gives prior permission and authorizes the Health Officer to enter the premises where the infant wild animal is held at any time to ensure that the animal is properly cared for and to verify the infant is ready to be reintroduced into the wild.
[Ord. No. 800-12 §1(4-16), 12-19-2012]
Prior to the annual renewal of any special permit or license issued under Sections 205.130 through 205.160, the Health Officer may 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 205.130 through 205.180. 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 license or special permit, or it shall revoke such license or special permit in the event that such violation is not corrected within such period of time as it shall direct.
[Ord. No. 800-12 §1(4-17), 12-19-2012]
Any permit revoked or denied under the provisions of Sections 205.130 through 205.160 may be appealed to the City Administrator. 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 City Administrator may be appealed to the Board of Aldermen. 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 Board of Aldermen may be appealed to the 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., 1978.
[Ord. No. 800-12 §1(4-18), 12-19-2012; Ord. No. 804-13, 1-16-2013]
The number of pet animals will be limited so as to not create a nuisance. Maximum of five (5) chickens, no other farm-related animals are allowed in a residential area with property size less than one (1) acre.
Commercial activity concerning of age animals (animals four (4) months of age or older) will not be allowed in a residential area without a kennel license.
[Ord. No. 800-12 §1(4-19), 12-19-2012]