City of De Soto, MO
Jefferson County
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Table of Contents
Table of Contents
[CC 1988 §5-6; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011; Ord. No. 3934 §1, 5-21-2012]
As used in this Article, the following terms shall mean the following:
ANIMAL
Every living vertebrate except a human being.
ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, animal auction, performing animal exhibition, kennel or animal shelter, except this term shall not include veterinary medical facilities, licensed research facilities operated by government agencies, or licensed animal dealers regulated by the USDA under the provision of Title 7 United States Code, Chapter 54, as amended.
ANIMAL NUISANCE
An animal nuisance is created when an animal:
1. 
Runs uncontrolled;
2. 
Molests or disturbs vehicles by chasing, barking or biting;
3. 
Attacks other animals;
4. 
Damages property other than that of the owner or harborer;
5. 
Barks, whines, howls, brays, cries or makes other noise excessively so as to cause unreasonable annoyance, disturbance or discomfort to an individual who is a neighbor (a "neighbor" for this purpose is hereby defined as individual residing in a residence structure which is within five hundred sixty (560) feet of the property on which the animal is kept or harbored) and who does in writing state he will so testify if called upon to testify about such matter under oath.
6. 
Creates noxious or offensive odors;
7. 
Defecates upon any public place or upon premises not owned or controlled by the owner or harborer unless promptly removed by the animal owner or harborer;
8. 
Creates an insect breeding and/or attraction site due to an accumulation of excreta;
9. 
Is in heat and not properly confined;
10. 
Obstructs or interferes with vehicular or pedestrian traffic;
11. 
Threatens or causes a condition which endangers public health; or
12. 
Impedes refuse collection by ripping any bag or tipping any container of such.
ANIMAL SHELTER
Facility designated or recognized by the City for the purpose of impounding and caring of animals.
AT LARGE
A dog or cat shall be deemed to be at large when off the property of the owner and not under restraint.
BITE
Any contact between an animal's mouth and teeth and the skin of a bite victim which causes visible trauma, such as a puncture wound, laceration, abrasion, bruise or other piercing of the skin.
CODE ENFORCEMENT OFFICER
Duly authorized person employed by the City who is charged with the duties of enforcing this Title and who is educated in the care, seizure, custody and confinement of animals.
CONTROL OF AN ANIMAL
The same is on a leash not more than eight (8) feet in length; is under voice control in the presence of a competent person; is within a vehicle being driven or parked; or is within the property limits of the owner or harborer or upon the premises of another person with the consent of that person.
DANGEROUS ANIMAL
Includes any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which because of its size, vicious nature or other characteristics would constitutes danger to human life or property if it's not kept or maintained in a safe manner or in secure quarters.
DOG
Any member of the animal species Canis familiaris.
EUTHANASIA
The humane destruction of an animal accomplished by a method which is approved by the American Veterinarian Medical Association.
EXOTIC
Refers to potentially dangerous carnivores including, but not limited to: lion, tiger, leopard, cheetah, ocelot, mountain lion, bobcat, bear, wolf and coyote. The term here shall also include boa constrictor, python or any other potentially dangerous or poisonous reptile or any other exotic animal declared dangerous by authorized Health Department or Code Enforcement Officials. The provisions of this Section shall not apply to a properly maintained circus or event where a special permit is required under Chapter 615. Amusements and Entertainment.
HARBORER
Any person who provides food and shelter or otherwise accepts any responsibility for the care or control of a domesticated animal for three (3) or more days.
HUMANE CARE
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.
KENNEL
An establishment kept for the purpose of breeding, selling or boarding dogs and cats or engaging in the training of dogs or cats.
LICENSING AUTHORITY
The agency or department of the City or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this Article.
LIVESTOCK
Any animal considered by health or Code Enforcement Officials to be a farm or ranch animal including, but limited to: horse, mule, cow, hog, sheep, goat or potbellied pig.
NEUTERED
Alteration of a male animal.
NUISANCE
A dog or cat shall be considered a nuisance if it damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary or offensive conditions; causes a disturbance by excessive barking or other noisemaking; or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property.
OWNER
A person having the right of property or custody of a dog or cat or who keeps or harbors a dog or cat or knowingly permits a dog or cat to remain on or about any premises occupied by that person.
PERSON
An individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
PET SHOP
An establishment engaged in the business of buying or selling, at retail, dogs or cats or other animals for profit-making purposes.
POULTRY
Applies to chickens, turkey, geese, guinea and ducks.
RESTRAINT
A dog or cat shall be considered under restraint if it is within the real property limits of its owners or secured by a leash or lead or under the control of a responsible person.
SPAY
Alteration of a female animal.
VICIOUS ANIMAL
A dog or cat that constitutes a physical threat to humans or other domestic animals.
[Ord. No. 3892 §1, 7-5-2011]
A. 
There is hereby established a department of Code Enforcement Officer, who shall have a primary responsibility for the enforcement of this Chapter. The Code Enforcement Officer shall be appointed by the City Manager.
1. 
No such appointee shall use City's tranquilizer dart gun if he/she has not been properly trained in the use of such weapon.
2. 
The Code Enforcement Officer may, at his/her discretion, request assistance from the Building Inspector or any uniformed City Police Officer to destroy any animal reasonably believed to be dangerous, but only after all other attempts to capture or subdue said animal have failed. Above procedure may be used only after the Code Enforcement Officer has obtained permission from the City Manager, or, if he/she is unavailable, the Public Safety Officer.
B. 
The City shall provide for and maintain in reasonable, clean and healthful fashion, suitable animal kennel for impoundment and isolation of animals in accordance with the provisions of this Article. Said kennel shall be at all times kept sanitary and clean and shall be designed and kept in such a manner as will provide for the most humane treatment of all animals deposited thereto, with special provisions for segregation and isolation of diseased animals, or those animals suspected of being rabid.
C. 
Any person who interferes, hinders or obstructs in any fashion, any duly authorized Code Enforcement Officer or any person authorized under this Section to enforce any or all performance of his duty shall, upon conviction, be deemed guilty of a violation of a City ordinance, and shall upon conviction be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) and incarcerated in the City Jail for a term not be exceed thirty (30) days, or fined as above stated only or incarcerated as above stated only or any combination thereof.
[CC 1988 §5-7; Ord. No. 3062 §1, 1-22-1992; Ord. No. 3190 §1, 10-24-1994; Ord. No. 3407 §1, 5-15-2000; Ord. No. 3614 §1, 1-20-2005; Ord. No. 3892 §1, 7-5-2011]
A. 
Except as provided in Section 210.030, no person shall own, keep or harbor a dog or cat over four (4) months of age within the City unless such dog or cat is vaccinated and licensed. The provisions of this Section do not apply to animals owned by a licensed research facilities or held in a veterinary medical facility or government operated or licensed animal shelter.
B. 
All dogs and cats shall be vaccinated against rabies in accordance with the latest professional standards of animal rabies vaccines and recommendations for immunizations.
C. 
Application for a license must be made within thirty (30) days after obtaining a dog or cat over four (4) months of age, or within thirty (30) days after a dog or cat reaches four (4) months of age, except that this requirement will not apply to a non-resident keeping a dog or cat within the City for no longer than sixty (60) days.
D. 
Written application for a dog or cat license shall be made to the City and shall include the name and address of the owners and the name, breed, color, age and sex of the dog or cat. Applicants also shall pay the prescribed licensing fee and provide proof of current rabies vaccination by presenting a certificate or receipt of vaccination from a licensed veterinarian.
E. 
The licensing period shall be each calendar year. License must be obtained by the owners by January first (1st) of each year or within thirty (30) days after obtaining a dog or cat over four (4) months of age or within thirty (30) days after a dog or cat reaches four (4) months of age. License renewal may be applied for within sixty (60) days prior to the expiration date. New residents must apply for a license within (30) days of establishing residence. Each license shall expire on December thirty-first (31st) of the year for which it is issued.
F. 
A license for each dog or cat shall be issued with payment as outlined below:
1. 
Spayed/neutered pet fee: $7.00.
2. 
Non-spayed/neutered pet fee: $10.00.
Persons who fail to obtain a license as required within the time period specified in this Section will be subject to a delinquent fee of one dollar ($1.00). These fees shall apply to all licenses issued under this Section and there shall be no proration of the fee for licenses issued after January first (1st) of the licensing year.
G. 
License fees may be waived for dogs serving the blind or deaf or government-owned dog used in law enforcement. All other licensing provisions shall apply to such dogs.
H. 
Upon acceptance of the license application and fee, the City shall issue a durable license tag including an identifying number, year of issuance, City, County and State. Both rabies and license tags must be attached to the collar of the dog or cat. Tags must be worn at all times and are not transferable. The City shall maintain a record of all licenses issued, and such records shall be available to the animal control authority.
I. 
Any licenses which are issued and outstanding on January 22, 1992, shall be effective until December thirty-first (31st) of the year following the date that such license was due to expire.
[CC 1988 §5-8; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011]
A. 
No person shall operate an animal establishment without first obtaining a permit in compliance with this Section.
B. 
The permit period shall begin with first (1st) day of July each year and shall run through the thirtieth (30th) day of June the following year. Renewal application for permits may be made within sixty (60) days prior to the expiration date. Application for a permit to establish a new animal establishment under the provisions of this Article may be made at any time.
C. 
Annual permits shall be issued upon the payment of a fee of fifty dollars ($50.00) annually.
D. 
No kennel will be authorized to house more than six (6) dogs or cats.
[CC 1988 §5-9; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011]
A. 
The City may revoke the permit or license if the person holding permit or license refuses or fails to comply with the Article or any other law or ordinance governing the protection and keeping of animals or fails to provide an animal with humane care.
B. 
If an applicant is shown to have withheld or falsified any material information on the application, the City may refuse to issue or may revoke a permit or license.
C. 
It shall be a condition of issuance of any permit for an animal establishment that the animal control authority shall be permitted to inspect any and all animals and the premises where such animals are kept at any reasonable time. A person who is denied a license or permit shall be entitle to a refund of the application fee, but a person whose license or permit is revoked shall not be entitled to a refund of the application fee. A person denied a license or permit or having a license or permit revoked shall not reapply for a period of at least thirty (30) days and each reapplication shall disclose any previous denial or revocation.
[CC 1988 §5-10; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011]
A. 
All animals shall be kept under restraint by their owner.
B. 
It shall be unlawful for any person to keep or allow to be kept on or about such person's premises any rabid or vicious dog or to allow or permit the same to go at large in the City to the danger, annoyance or alarm of any persons. A dog shall be considered vicious if its owner is so informed in writing by the Code Enforcement Officer.
C. 
It shall be unlawful for the owner of any animal to allow such animal to cause a nuisance.
D. 
It shall be unlawful for any person to dump, abandon or otherwise dispose of the body or carcass of a dead animal within the City, except as authorized by law or applicable regulation.
E. 
It is unlawful for any person to interfere with, hinder or obstruct any person in the enforcement of this Article.
[CC 1988 §5-11; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3597 §1, 10-18-2004; Ord. No. 3854 §§1 — 2, 3-15-2010; Ord. No. 3892 §1, 7-5-2011; Ord. No. 4046, 9-21-2015]
A. 
Any animal found running at large shall be impounded by a duly authorized Code Enforcement Officer or Police Officer. On the date of impoundment, notice shall be given by phone or by mail to the owner of the animal, if known, said owner having, from time of notification or three (3) days after mailing such notice, one (1) week in which to present himself to the animal kennel of the City to redeem his animal. The fee for redemption shall be ten dollars ($10.00) per each day that the animal is impounded prior to redemption.
B. 
If the owner of an impounded animal is not known, nor can be found as a result of obtaining his name by registration number, the animal will be held for one (1) week.
C. 
Any animal impounded in accordance with Subsection (A) or (B) above for the full term of impoundment may then be adopted in accordance with Subsection (F) of this Section. If the animal has not been adopted after a period of time, efforts will be made to place such animal with a rescue organization. If such placement is not available, the animal may be euthanized by competent authority secured by the City.
D. 
Any animal which bites a person or which exhibits objective signs of symptoms suggestive of rabies, or which has been or is suspected of being bitten by any other animal suspected of having rabies shall be impounded, and isolated for a period of not less than ten (10) days in the animal kennel of the City, or at the owner's expense, if infected before any release of said animal will be granted.
E. 
For the redemption or release of any animal, except for those being adopted, the fee shall be ten dollars ($10.00) per day for each said animal impounded.
F. 
The fee for the adoption of any animal through the City Kennel shall be fifty dollars ($50.00) plus the actual cost incurred of spaying/neutering/vaccinating said animal, if necessary.
The adoption process is as follows:
Once a pet to be adopted is identified, the adopter will complete the necessary paperwork with the Animal Control Officer. A non-refundable fee of fifty dollars ($50.00) will be collected at that time. The adopter will then be given the potential cost of spaying/neutering/vaccinating said animal. The Animal Control Officer will then make arrangements to have the animal spayed/neutered/vaccinated as in necessary. Once the animal has recovered from any necessary procedures, and upon payment of the actual costs, the animal will be released to the adopter. The fifty dollars ($50.00) previously paid will then serve as the adoption fee.
G. 
Upon application to the animal control authority and execution of a waiver of liability, any person may voluntarily surrender his/her animal to such authority for a fee of fifty dollars ($50.00). The animal will then be ready for adoption and treated in accordance with this Section.
[Ord. No. 3892 §1, 7-5-2011]
A. 
All vicious animals and all animals found running at large in the City and not bearing a proper license tag for the current year and any animal running at large not on a leash on any of the streets, highways, sidewalks or other public places in the City or on any premises while not in the actual possession and control of its owner shall be captured and impounded by the Code Enforcement Officer and, if necessary to the catching of the animal, may be killed. The Mayor is authorized to enter into an agreement with the County of Jefferson, from time to time, and with approval of the Council, wherein the City may, at its expense, deliver any animal impounded within the City to the County animal pound in accordance with the animal control ordinance of the County and the rules and regulations issued thereunder. When the City Code Enforcement Officer picks up any animal and transports the animal to the animal control authority, the owner shall pay a fee of thirty-five dollars ($35.00) per day per animal to the City before the animal is released to the owner. A fee of twenty dollars ($20.00) per day per animal will be paid by the owner if the animal is picked up but not taken to the animal control authority before the animal is released to the owner.
B. 
In the event the City's efforts to capture an animal that poses a significant threat to public safety have failed and, as a last resort, chemical capture of the animal is required, the City may request a chemical capture certified County Animal Control Officer to perform the chemical capture of the animal. A fee of forty dollars ($40.00) will be paid to the City by the owner for the chemical capture of the animal.
C. 
In the event that the animal control authority finds animals to be suffering, such officer shall have the right forthwith to remove such animals to a safe place for care at the owner's expense or to euthanize them when necessary to prevent further suffering at the owner's expense. Return to the owner may be withheld until the owner shall have made full payment for all expenses so incurred.
[CC 1988 §5-12; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3614 §2, 1-20-2005; Ord. No. 3892 §1, 7-5-2011]
The owner of any impounded animal upon proper identification and the payment of a board fee in accordance with the terms of the animal control ordinance of Jefferson County, Missouri, and any applicable fees of the City of De Soto shall, at such time as is permitted by the County animal control ordinance and the rules and regulations issued thereunder, be given possession of the animal so impounded, upon the further conditions that such person shall within one (1) week have such animal vaccinated against rabies and procure the proper license tag for such animal as provided in this Article. Provided however, that there shall be no right to redeem a vicious animal.
[CC 1988 §5-13; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011; Ord. No. 3975 §1, 4-15-2013]
A. 
Impounded animals, where the owner is not known, shall be kept for a minimum of one (1) week to give owners a chance to call and locate their pet.
B. 
Impounded animals where the owner is known by way of identification tag or "chip", shall be kept for a minimum of one (1) week after the owner has been notified of the animal's impoundment.
C. 
Owners who have willingly surrendered their animals to the City of De Soto shall not have a minimum required time of impoundment.
D. 
Cats which are wearing no collar or containing no "chip" or are suspected to be feral shall have no minimum required time of impoundment.
E. 
Ill or injured animals are subject to humane euthanasia at the Animal Control Officer's discretion whether the owner is known or not and with no required minimal holding time.
[CC 1988 §5-14; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011]
Any person violating this Article shall, upon conviction, be punished as provided by Section 100.090.
[R.O. 1952 §4.1; CC 1988 §5-1; Ord. No. 3892 §1, 7-5-2011]
It shall be unlawful for the owner or keeper of any animal to permit or allow the same to run at large in the City.
[1]
Cross Reference — As to streets and sidewalks generally, see ch. 510 of this Code.
[Ord. No. 3892 §1, 7-5-2011; Ord. No. 4006 §1, 2-17-2014]
A. 
A person is guilty of animal abuse if a person:
1. 
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.;
2. 
Purposely or intentionally causes injury or suffering to an animal; or
3. 
Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
[Ord. No. 4007 §1, 2-17-2014]
A. 
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.
B. 
Animal trespass is an ordinance violation. Upon conviction of a first offense, a fine not to exceed two hundred dollars ($200.00) may be imposed. For a second or subsequent violation, a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. 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.
[Ord. No. 3892 §1, 7-5-2011]
A. 
A person is guilty of animal neglect if he/she has custody or ownership or both of an animal and fails to provide adequate care.
[Ord. No. 4005 §1, 2-17-2014]
B. 
A person is guilty of animal abandonment if he/she has knowingly abandoned an animal in any place without making provisions for its adequate care.
[Ord. No. 4005 §1, 2-17-2014]
C. 
Animal neglect or animal abandonment are ordinance violations. For a first offense of either violation, a term of imprisonment not to exceed fifteen (15) days or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. For a second or subsequent violation of either offense, a term of imprisonment not to exceed ninety (90) days or a fine not to exceed five hundred dollars ($500.00), or both such fine and imprisonment may be imposed. All fines and penalties for a first conviction of animal neglect or animal abandonment may be waived by the court, provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for neglect or abandonment have been made. Reasonable cost incurred for the care and maintenance of neglected or abandoned 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.
[Ord. No. 4005 §1, 2-17-2014]
D. 
In addition to any other penalty imposed by this Section, the court may order a person found guilty of animal neglect or animal abandonment to pay all reasonable costs and expenses necessary for:
1. 
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
2. 
The disposal of any dead or diseased animals within the person's custody or ownership;
3. 
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
4. 
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.
[Ord. No. 3892 §1, 7-5-2011]
A. 
A person commits the offense of knowingly releasing an animal if that person, acting without the consent of the owner or custodian of an animal, intentionally releases any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
B. 
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
C. 
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.
[R.O. 1952 §4.3; CC 1988 §5-3; Ord. No. 3892 §1, 7-5-2011]
The owner or possessor of any animal or fowl which may die within the City shall, within twenty-four (24) hours after the death of such animal or fowl, remove the same or cause the same to be removed beyond the corporate limits. If such dead animal or fowl is not in the possession of any person at the time of its death and the same is not removed within twenty-four (24) hours, it shall be the duty of any Policeman of this City to cause the same to be removed at the cost of the City.
[1]
Cross Reference — As to dumping dead dogs in the city, see §210.050 of this Code.
[R.O. 1952 §4.4; CC 1988 §5-4; Ord. No. 3892 §1, 7-5-2011; Ord. No. 3934 §1, 5-21-2012; Ord. No. 4057 §1, 2-15-2016]
A. 
No residential structure or lot shall house or contain more than four (4) units as defined below:
A dog or cat or ferret over four (4) months of age shall constitute one (1) unit. Five (5) rabbits, chinchillas, guinea pigs, hamsters, mice or other rodents, over age three (3) months, or any combination thereof shall constitute one (1) unit. Two (2) snakes or other reptiles constitute one (1) unit.
B. 
But never more than three (3) dogs and/or three (3) cats over the age of four (4) months shall be allowed at any one (1) residence. Keeping more animals than what is described in this Section constitutes a kennel. No kennel will be authorized to house more than (6) dogs or cats.
C. 
No animal defined as exotic, or wildlife, in this Chapter shall be permitted to be owned or harbored by any individual in City limits, except in the form of a circus or other event where a special permit is required under Chapter 615, Amusements and Entertainment.
D. 
Livestock or fish are only permitted under the "A-1" Agricultural Activities District regulations. Livestock shall be prohibited from being kept in any other zoning district within the City of DeSoto.
E. 
Fish kept or raised for a commercial purpose are only permitted in the "A-1" Agricultural Activities District and shall be prohibited in every other zoning district.
[Ord. No. 3934 §1, 5-21-2012]
A. 
The keeping of roosters shall be strictly prohibited.
B. 
The keeping of up to six (6) poultry in total shall be permitted on any parcel of property only if a permit has been issued by the City.
C. 
A permit shall be issued by the City upon the satisfaction of the following conditions:
1. 
The poultry must be adequately confined within a yard or other place surrounded by wire netting or other fence as a provision to prevent their escape therefrom;
2. 
The pen shall be maintained in a safe and sanitary condition;
3. 
Any manure or other discharges from the poultry 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;
4. 
No slaughtering of any poultry kept pursuant to a permit issued under this Section shall be allowed; and
5. 
No person shall keep poultry in any manner as to create a nuisance under Section 220.020.
D. 
The keeping of poultry pursuant to a permit issued under this Section shall 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 poultry, notwithstanding the issuance of such permit. By applying for a permit under this Section the property owner authorizes the City Officials at all reasonable times and in a reasonable manner to enter upon and inspect the property with respect to which such permit is applied for to determine whether the keeping of poultry violates this Section or any other applicable ordinances.
E. 
Revocation Of Permits To Keep Poultry.
1. 
The City shall revoke any permit issued for the keeping of poultry for violation of any of the conditions stated above or if any of the following conditions are found to exist:
a. 
Excessive noise created by the poultry is audible from adjacent property;
b. 
The poultry are not kept in safe and sanitary condition;
c. 
The poultry are not properly confined;
d. 
The keeping of the poultry creates a nuisance; or
e. 
The poultry are no longer being used for educational purposes.
2. 
Actions to be taken.
a. 
If a complaint is filed regarding a violation of any of the conditions stated in this Section, or, in the absence of a complaint, in the discretion of the City, an investigation of any potential violations shall be made by the City Code Enforcement Officer.
b. 
If the investigation substantiates the existence of a violation of such conditions, a letter shall be sent by certified mail to the property owner notifying the property owner of such violation and that same shall be corrected within not less than five (5) days and that such property owner shall be responsible for notifying the City Manager by certified mail that such violations have been corrected and seeking a re-inspection to verify that such violations have been corrected.
c. 
In the event the property owner shall fail to notify the City Manager of such correction within five (5) days or in the event that a re-inspection does not verify such correction, the permit shall be revoked.
3. 
Permit revocations under this Section may be appealed as follows:
a. 
Appeals must be filed within five (5) days after the revocation notice is mailed by certified mail.
b. 
Appeals shall be determined following a hearing before the City Manager or his designee.
c. 
At least five (5) days' notice of the hearing shall be given to the property owner by certified mail.
d. 
The property owner and any other interested party may appear at the hearing and testify and present evidence concerning the conditions giving rise to the revocation.
[CC 1988 §5-5; Ord. No. 2398, 5-17-1971; Ord. No. 3892 §1, 7-5-2011]
A. 
The entire area embraced within the corporate limits is hereby designed a bird sanctuary.
B. 
It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests; provided that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property, in the opinion of the proper health authorities of the City, such health authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club or Humane Society, or as many of such clubs are found to exist in the City, after having given at least three (3) days' actual notice of the time and place of such meeting to the representatives of such clubs.
C. 
If, as a result of such meeting, no satisfactory alternative is found to abate such nuisance, such birds may be destroyed in such numbers and in such manner as is deemed advisable by such health authorities under the supervision of the Chief of Police.