City of Oakland, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 828, 11-1-2013]
As used in this Chapter, the following terms shall have the meanings indicated:
BUILDING FOR HUMAN HABITATION
The primary structure on a lot used for dwelling purposes.
CHICKEN
Female domestic members of the genus Gallus gallus.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the City or such other official designated by the Mayor.
DOMESTIC ANIMAL OR FOWL
Any animal or fowl trained or adapted to live in a human environment and be of use to humans, but shall not include common household pets typically and legally sold in pet stores and kept by members of the public at large such as dogs and cats, which are regulated in Chapter 205, caged birds (parrots and parakeets, etc.), small caged animals (hamsters, rabbits, gerbils, etc.), and aquarium animals (fish, non-venomous small reptiles) or service animals specially trained to do work or perform tasks which benefit a particular person with a disability and excluding all animals defined in this Section below.
DUCK
A common water bird with webbed feet, short legs, and a broad flat beak, but shall include only males and females of domestic breeds known to be not noisy.
ENCLOSURE
Any area approved by a valid City permit that restrains any domestic animals and fowl other than a shelter.
FOWL
A bird of any kind.
POTBELLY or POTBELLIED PIG
Any of a breed of small pigs originating in southeastern Asia and having a straight tail, potbelly, swayback, and black, white, or black and white coat. This definition shall also include the breed of pig commonly referred to as "miniature pig," "teacup pig" and/or "micro pig."
PUBLIC NUISANCE
Any act defined as a public nuisance in this Code.
SHELTER
Any structure, including but not limited to a building, shed or coop used for the containment or protection of domestic animals and fowl from weather and predators, but does not include an enclosure as defined herein and is more substantial than an enclosure.
UNIMPROVED LAND AREA
Any portion of a lot that is free of any building, structure, or similar improvement.
[Ord. No. 828, 11-1-2013]
A. 
No person may keep upon his premises any domestic animal or fowl except as provided in this Chapter.
B. 
No permitted domestic animal or fowl shall be used or maintained for commercial purposes, including but not limited to breeding, slaughter and product sale.
C. 
In addition to complying with the terms of this Chapter, the location, size, number and construction of enclosures and shelters shall comply with all building and zoning codes of the City.
D. 
When a conflict occurs between this Chapter and any other City Code, the most stringent regulation shall apply.
E. 
Adequate shelters and enclosures shall be provided for all permitted domestic animals and fowl. Shelters and enclosures shall be constructed to prohibit each domestic animal and fowl from running at large or taking flight and to protect each domestic animal and fowl from predators and natural elements.
F. 
All shelters and enclosures shall be located in a "rear yard," as that term is defined in the Zoning Code.[1]
[1]:
Editor's Note: See Ch. 405, Zoning Regulations.
G. 
Notwithstanding any provision to the contrary herein, no shelter shall be located within fifty (50) feet of any portion of any building intended for human habitation on a lot other than the one upon which the shelter is located.
H. 
No shelter shall exceed one hundred (100) square feet, or be located nearer than five (5) feet to any "lot line," as that term is defined in the Zoning Code.[2]
[2]:
Editor's Note: See Ch. 405, Zoning Regulations.
I. 
No enclosure shall be located within five (5) feet of a lot line.
J. 
Unless specifically allowed in other regulations herein, no domestic animal or fowl may be kept in any building or structure used or intended to be used for human habitation.
K. 
Every premises and every shelter on or in which any domestic animal or fowl is kept shall be maintained in a clean and sanitary condition and free from all obnoxious smells or substances; otherwise they shall be deemed to be a public nuisance. The owner and the tenant or custodian of the premises on or in which any domestic animal or fowl is kept must promptly comply with orders of the City and/or the St. Louis County Department of Health in respect to any unsanitary condition found to exist.
L. 
The presence of numerous flies or the presence of fly larvae in the vicinity of any such premises, enclosures or shelters shall be evidence of a lack of sanitary maintenance of the premises, and shall constitute a public nuisance.
M. 
Where manure will remain on the premises in excess of twenty-four (24) hours, a fly-proof receptacle shall be provided for containing such manure. Any unnecessary accumulation of debris, refuse, manure or other removable material upon any surface within or on any such enclosure or shelter, or within the area around the enclosure or shelter, shall be evidence of a lack of sanitary maintenance of the premises, and shall constitute a public nuisance.
N. 
Any obnoxious odor discernible at the lot line or allergen arising from any condition existing within the enclosure or within the shelter used or intended to be used for the keeping or housing of permitted domestic animals or fowl shall be evidence of a lack of sanitary maintenance of the premises, and shall constitute a public nuisance.
O. 
All premises, enclosures or shelters used or intended to be used for the keeping or housing of any such domestic animals or fowl permitted by the City shall be thoroughly cleaned and all debris, refuse, manure or other removable material shall be removed therefrom as often as may be necessary to effect satisfactory compliance with the provisions of this Chapter. All debris, refuse, manure or other removable materials shall be controlled such that debris, refuse, manure or other removable materials do not enter the stormwater system or any abutting property.
P. 
Enclosures shall be properly vegetated and/or maintained to prevent erosion.
Q. 
Areas containing any enclosure, shelter and any appurtenances thereto must either be of level grade or graded in a direction away from the lot line in order to prevent runoff onto adjacent lots or public property.
R. 
Deceased domestic animals and fowl must be disposed of either through burial or incineration in accordance with Federal, State, and County regulations.
S. 
Slaughter within the City is prohibited.
T. 
All enclosures and shelters, refuse containers, and all feed containers intended for the use of domestic animals and fowl permitted by the City shall be constructed, maintained and kept in such a manner as to be completely rodent-proof. The floors of every such shelter shall be smooth and tight, and maintained so as to prevent accumulation of filth or water or harboring of vermin thereunder.
[Ord. No. 828, 11-1-2013]
The Code Enforcement Officer shall administer, enforce and carry out the provisions of this Chapter regarding domestic animals and fowl.
[Ord. No. 828, 11-1-2013]
A. 
Any person desiring to keep any domestic animal and/or fowl that is herein regulated, shall file a permit application with the City. The permit application shall contain sufficient information for the Code Enforcement Officer to determine compliance with this Chapter. The application shall include but not be limited to the following information:
1. 
Name, address and phone number of the applicant.
2. 
Location and the facilities to be provided.
3. 
Size of the lot of the applicant.
4. 
Number and type of each domestic animal or fowl to be kept.
5. 
Purpose of the keeping.
6. 
Names and telephone numbers of persons who can respond to any emergency involving the animals in the owner's absence.
7. 
Length of time applicant has resided at current address. If less than twelve (12) months, previous address.
8. 
Site plan showing, to scale, the location of the enclosure and shelter, not to exceed one hundred (100) square feet, and the distances from each lot line and habitable building on adjacent lot.
9. 
Details of the materials and dimensions of the enclosure and shelter.
B. 
The Code Enforcement Officer shall decide whether the application meets the terms and conditions of this Chapter.
C. 
Each permit shall be for a term of three (3) years, unless sooner revoked by the Code Enforcement Officer or such person designated by the Code Enforcement Officer. Each application and renewal shall require an inspection of the premises by the Code Enforcement Officer or his/her designee to confirm compliance with this Chapter, and a permit shall not be issued or renewed if a premises is found not to comply. Each inspection shall require a thirty-dollar inspection fee.
D. 
No permit shall be issued to any owner-occupant or tenant on premises that have an existing or pending building or housing code violation within the twelve (12) months immediately preceding the date of the application for such permit.
E. 
A permit for any domestic animal, fowl, or chicken may be revoked at any time, without a hearing, if it is determined that an infectious agent of potential significant co-pathogenicity, such as avian flu, is identified within the continental United States. At such time, the owner shall take such steps as health officials of the County, State or Federal government instruct with regard to the quarantine or destruction of any such domestic animal, fowl or chicken.
F. 
Except as provided above, if the holder of a permit allows an unsanitary condition, or any violation of this ordinance to exist for more than fourteen (14) calendar days after notice from the City, then such permit for any domestic animal, fowl or chicken shall be revoked subject to appeal as set forth herein.
G. 
If a permit is denied or revoked, no application for a new permit may be made for three (3) years from the date of denial/revocation.
H. 
Revocation Appeal Hearing.
1. 
The Mayor of the City or his/her designee shall be the hearing officer.
2. 
The holder of a permit may, within fourteen (14) days after the notice of revocation, make a written request for appeal. Requests for appeals of the revocation shall be directed through the Code Enforcement Officer. The application for appeal shall include an application fee of fifty dollars ($50.00).
3. 
The applicant shall be given written notice of the date and time of the hearing at least seven (7) calendar days before the date of the hearing.
4. 
A public hearing notice stating the date, time and location of the hearing shall be posted on the lot at issue at least seven (7) calendar days before the date of the hearing.
5. 
After the hearing, upon a determination by the Mayor or his/her designee, that such domestic animal, fowl or chicken is being maintained in an unsanitary condition, or in violation of this Chapter, or other laws applicable to such domestic animals or fowl, a letter of determination shall be issued confirming revocation of the permit.
6. 
All domestic animals or fowl must be disposed of or removed from the City not more than fourteen (14) calendar days following receipt of the letter of determination after hearing, unless circumstances warrant earlier removal.
[Ord. No. 828, 11-1-2013]
A. 
Chickens and ducks are limited to lots zoned single-family residential and with valid occupancy permits and a minimum of five thousand five hundred (5,500) square feet of unimproved land area. Chickens and ducks on lots with less than five thousand five hundred (5,500) square feet of unimproved land area are prohibited.
B. 
No more than a combination of eight (8) female chickens (hens) or ducks of any gender are allowed. In the event that chickens are acquired at an age when gender cannot be determined, any male chickens (roosters) must be removed within ten (10) days of the date that gender can be determined.
[Ord. No. 828, 11-1-2013]
Goats are prohibited. All persons, firms, or corporations presently keeping or maintaining up to the maximum of three (3) goats shall comply with this Chapter through attrition (a reduction in numbers as a result of death).
[Ord. No. 828, 11-1-2013]
A. 
Potbellied pigs and/or teacup pigs are limited to lots zoned single-family residential and with a valid occupancy permit and a minimum of five thousand five hundred (5,500) square feet of unimproved land area. Potbellied pigs and/or teacup pigs on lots with less than five thousand five hundred (5,500) square feet of unimproved land area are prohibited.
B. 
It shall be unlawful to keep more than two (2) potbellied pigs on any lot within the City.
C. 
All potbellied pigs shall be neutered or spayed.
D. 
Each potbellied pig may be kept in a structure for human habitation.
E. 
When outdoors, each pig shall be confined to an approved enclosure or be kept on a suitable harness or leash not exceeding six (6) feet in length.
[Ord. No. 828, 11-1-2013]
A. 
Keeping Of Animals. All persons, firms, corporations, or other entities currently keeping or maintaining any animal in a number in excess of that which is permitted as of the date of enactment of this ordinance shall come into compliance with this Chapter through attrition (i.e., no animal in excess of the permitted number may be replaced when that animal dies).
B. 
Shelters.
1. 
Discontinuance of shelter uses. The lawful use of a shelter existing at the time of the effective date of this Ordinance may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a non-conforming use may continue.
2. 
Abandonment. In the event that a non-conforming use of a shelter is discontinued for a period of twelve (12) months, the location of the same enclosure or shelter shall thereafter conform to the use permitted.
3. 
Enlargement, extension, reconstruction, alteration. No existing shelter shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in this Ordinance.
[Ord. No. 828, 11-1-2013]
Any applicant may appeal the decision of the Code Enforcement Officer denying a permit to the Board of Aldermen, if the applicant believes the calculation of the square footage, distance from neighboring dwellings or setbacks required were calculated in an error that resulted in the denial of his or her application. The Board may affirm, reverse or modify the decision of the Code Enforcement Officer based on its review.
[Ord. No. 828, 11-1-2013]
A. 
No person, firm, or corporation shall keep or maintain any horse, pony, burro, mule or other equine within the City.
B. 
All persons, firms, or corporations, presently keeping or maintaining such animals shall comply with this Ordinance within one hundred eighty (180) days after its passage and approval, as provided by law.
[Ord. No. 828, 11-1-2013]
As a condition of each permit issued hereunder, the Animal Control Officer, official of the City, official of the St. Louis County Department of Health, or any other person, firm, corporation, organization or agency with which the City has contracted according to the provisions of this Chapter, and Police Officers, while in pursuit of a domestic animal or fowl running at large, shall have the right of entry to any lots or lands, including those of the owner of such domestic animal, for the purpose of collecting any domestic animal found in violation of this Chapter.
[Ord. No. 828, 11-1-2013]
Any person who shall interfere with or obstruct a City Official in the reasonable performance of his or her duty in apprehending any domestic animal or fowl, or investigation under this Chapter, or any person who shall refuse to deliver up his or her domestic animal or fowl, upon request by a proper City official, whenever such official has reasonable cause to believe that such animal or fowl is unlicensed or such permit for keeping the animal or fowl has been revoked under the provisions of this Chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided.
[Ord. No. 828, 11-1-2013]
Any person who violates any provision of this Chapter may be fined not more than one thousand dollars ($1,000.00) for each violation, and each day or part of a day shall be considered a separate violation.