City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Cross Reference — As to dog and cat regulations, ch. 235.
[Ord. No. 435 §§1 — 10, 5-3-1971; Ord. No. 2084-02 §1, 5-21-2002; Ord. No. 2253-04 §1, 3-16-2004; Ord. No. 2307-04 §1, 8-17-2004; Ord. No. 2859-12 §1, 11-20-2012]
It is hereby deemed to be to the best interest of the residents and citizens of the City of Smithville and for the protection of public health and to prevent the spread of insect-borne diseases and infections to provide for the proper housing and care of animals and poultry within the City of Smithville.
Definitions. For the purpose of this Chapter, the following words shall have the meaning ascribed thereto:
Any mammal, reptile, amphibian, or insect including, but not limited to, horses, mules, bees, asses, goats, sheep, swine, cattle, and rabbits but shall not include dogs and cats.
Includes all animals identified in Section 578.023, RSMo., as currently adopted or hereafter amended and any non-domesticated or wild animals (notwithstanding whether or not the particular animal has been tamed).
Domesticated fowl valued for their meat and eggs, including, but not limited to, chickens, turkeys, ducks, geese, and guinea fowl.
Shall not include any reptile and/or amphibian which is:
Not poisonous, venomous and/or dangerous; and
Which is less than eight (8) feet long; and
Which weighs less than twenty (20) pounds; and
Is housed in a one hundred (100) gallon or less aquarium.
No more than ten (10) poultry shall be kept, housed or lodged in any manner, including, but not limited to, any barn, building, pen or other structure within seventy-five (75) feet of the nearest portion of any occupied and habitable building on adjoining land, and in compliance with Subsections (C), (D), or (E) below. The quantity limitation herein does not apply to housing animals and poultry on land in any agriculturally zoned district. All other animals shall be kept in compliance with Subsections (C), (D) and (E) below.
No such animal or poultry shall cause a noise disturbance in violation of Section 205.685, RSMo., et seq.
Every stable or other structure or premises wherein any animal or poultry is kept shall be maintained in a clean and sanitary condition at all times, devoid of all rodents and vermin and free from harmful, offensive or noxious smell or odor.
No such animal or poultry shall be allowed to roam free or be "free range" in a manner that will allow such animal or poultry to leave the premises.
Notwithstanding any other provision of this Section, no exotic or dangerous wild animals shall be kept in any structure or enclosure of any kind unless the caretaker of such exotic or dangerous wild animal is registered with the State of Missouri to serve as a temporary caretaker for injured or sick exotic or dangerous wild animals, and only on land that is properly zoned for such particular use.
Any person violating the provisions of this Section shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100.00), and provided however, that each day that such violation shall continue shall be deemed a separate offense.
[Ord. No. 505 §§1 — 2, 2-5-1973; Ord. No. 1907-99 §20, 12-21-1999; Ord. No. 2253-04 §1, 3-16-2004]
If any person shall overdrive, overload, torture, torment or cruelly neglect to provide with necessary sustenance or shelter, or shall cruelly beat or needlessly mutilate or kill or cause or procure to be overdrawn, overloaded, tortured, tormented or deprived of necessary sustenance or shelter or to be cruelly beaten or needlessly mutilated or killed as aforesaid any living creature, every such offender shall be guilty of a misdemeanor.
Penalty. Any person violating any provisions of this Chapter shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment; provided however, that each day such offense occurs shall be deemed a separate offense.