[Ord. No. 101 §2(A), 6-17-1996]
It shall be unlawful for any person owning, controlling, possessing,
or having the management or care in whole or in part of any dog or
cat to permit such dog or cat to run at large or to go off the premises
of the owner or keeper thereof unless such dog or cat is securely
tied and led by a line or leash not exceeding five (5) feet in length,
so as to effectively prevent the dog or cat from biting, scratching,
molesting, being with, or approaching any other animal or any person.
[Ord. No. 101 §2(B), 6-17-1996; Ord.
No. 764, 4-16-2018]
A.
No
person shall keep any bull, calf, cow, donkey, goat, hog, horse, mule,
sheep or domestic fowl within or under any building used for human
habitation within this City, nor shall any such animal be kept, held
or maintained on any lot or property within the City; except that:
[Ord. No. 776, 10-15-2018]
B.
Educational
Permits, Chickens.
1.
BROODING
CHICKEN
COOP
EXERCISE YARD
HEN
ROOSTER
RUN
Definitions. For purposes of this Chapter, the following definitions
apply:
The period of chicken growth when supplemental heat must
be provided, due to the bird's inability to generate enough body heat.
A domesticated bird that serves as a source of eggs or meat.
The structure for the keeping or housing of chickens permitted
by this Section.
A larger fenced area that provides space for exercise and
foraging for the birds when supervised.
A female chicken.
A male chicken.
A fully enclosed and covered area attached to a coop where
the chickens can roam unsupervised.
2.
Permits. The City Administrator may issue an annual permit to an
owner/occupant of a lot used substantially for elementary education
purposes to allow the owner or occupant to operate an "outdoor classroom"
involving the raising of and care for hens, so long as the following
conditions are met:
a.
The lot on which the use is conducted must be five (5) acres or more;
b.
No more than twelve (12) hens are permitted at any time and no roosters
are permitted;
c.
The elementary school must be the principal use or co-principal use
of the lot;
d.
The elementary school must demonstrate an active, on-going curriculum
that includes the raising of and care for hens;
e.
The placement of the hens, coop, run, exercise yard and related areas
must not be within three hundred fifty (350) feet of the property
line of any residentially zoned or used lot;
f.
Chickens must not be housed in a structure designed for human occupancy
except for brooding purposes only;
g.
No more than one thousand (1,000) square feet of the lot is permitted
to be used for any part of the coop, run, exercise yard or other part
of the outdoor classroom;
h.
No part of the coop, run, exercise yard or other part of the area
used for the hens may be closer than ten (10) feet from the property
line;
i.
The area used for the hens must be constructed in a workmanlike manner
and maintained and kept in a clean and orderly fashion and in good
condition;
j.
All grain and food stored for the use of the hens on a premise with
a permit shall be kept in a rodent proof container;
k.
Coop construction and materials must be adequate to prevent access
by rodents and shall be kept clean from filth, garbage, and any substances
which attract rodents;
l.
The coop and its surrounding must be cleaned frequently enough to
control odor; manure shall not be allowed to accumulate in a way that
causes an unsanitary condition or causes odors detectable on another
property;
m.
Hens shall not be kept in such a manner as to constitute a nuisance
to the occupants of adjacent property;
n.
Dead chickens must be disposed of according to all applicable Missouri,
St. Louis County and Green Park laws, rules and regulations;
o.
Hens shall be confined within the coop, run, and/or exercise yard
area at all times; and
p.
Slaughtering of chickens on the property is prohibited.
3.
Suspension Or Revocation. The City Administrator may suspend or revoke an annual educational permit if the permit holder fails to abide by the terms of the permit including the conditions set forth in Section 205.020(B)(2).
a.
Procedure; Revocation Hearing. The City Administrator shall conduct
a hearing to determine if any permit issued under authority of this
Section should be suspended or revoked. The permittee shall be given
not less than five (5) days' written notice prior to the hearing.
b.
Notice. The notice shall set out the reasons for which the hearing
is called and shall command the permittee to be present at such hearing
and show cause, if any, why such license should not be suspended or
revoked. Such notice shall be served by mailing, e-mailing or hand-delivering
to the licensee at the address/e-mail address given in the application
for the permit hereunder.
c.
Decision; Appeal. The City Administrator shall render a final decision and report such decision to the permittee within five (5) business days after the date of the hearing. The licensee shall have the right to appeal the decision of the City Administrator as set out in Chapter 150 of the Municipal Code (Administrative Procedure for Review of Certain Actions).
4.
Permit Fees. The City Administrator may set a reasonable permit fee
related to the City's actual cost of administration and inspections.
C.
Chickens On Residential Lots. The definitions in Subsection (B)(1) above shall apply to this Subsection (C) as well. Keeping of chickens shall be subject to the following regulations:
[Ord. No. 776, 10-15-2018]
1.
Number Of Chickens. No more than four (4) hens are permitted at any
time and no roosters are permitted.
2.
Enclosures. All chickens kept in the City shall be securely restrained
and enclosed in a suitable coop upon the premises of the owner thereof
and shall not be permitted to be at large at any time. Coops:
a.
Must be located no closer than six (6) feet from a side lot line
and no closer than ten (10) feet from rear lot line;
b.
Shall have a maximum area of one hundred forty-four (144) square
feet including fenced outdoor areas;
c.
Must not be placed nearer than ten (10) feet to any portion of any
residence or living quarters;
d.
Must be kept in a clean and sanitary condition, so that no offensive
odor shall escape therefrom; and
e.
Are limited to one (1) per lot.
3.
Sanitation. All droppings and other refuse removed from the building
or other enclosure in which chickens are kept, shall not be permitted
to accumulate upon the premises but shall be promptly disposed of
in a sanitary manner. It shall be the duty of all persons to promptly
comply with the orders of the City or the St. Louis County Health
Commissioner in respect to any unsanitary condition found to exist
upon such premises.
4.
Acknowledgement. Prior to owning, harboring, or keeping chickens,
an owner or occupant of any residentially-used property shall complete
and submit to the City Clerk an "Acknowledgement" on a form created
by the City agreeing that the owner/occupant understands the duty
to:
5.
Control Of Chickens. It shall be unlawful for any person owning,
harboring, or keeping chickens to:
a.
Fail to keep the same within a yard or other place surrounded by
wire netting or other fence sufficient to prevent their escape therefrom;
b.
Permit any chicken to run at large, or go upon any street, alley
or public place in the City, or in or upon the premises of another
within the City; or
c.
Permit any chicken, at any time, to be kept in any building used
or occupied for residential purposes.
7.
Ordinance Effect. All regulations except the coop location requirements
of this Section shall apply to all coops constructed or placed after
the date of adoption of this Subsection.
8.
No Vested Rights. All regulations in this Chapter are enacted and
authorized pursuant to the City's police power granted by Chapters
67, 71, 79, RSMo., and not through the City's zoning authority granted
under Chapter 89, RSMo. As a result, nothing herein is intended to,
and is expressly declared not to, create a vested property right to
the use of property. Because the intention of this Section is to allow
a limited exception for the keeping of chickens under very specific
controlled conditions designed to protect the health, safety and welfare
of all citizens, the City's decision to permit such activity is not
intended to, and expressly does not, create a vested right in the
continuation of any exception to the prohibition of keeping livestock
in the City. Notice is hereby given that the City may, at its sole
discretion based upon the health, safety and welfare of the citizens
of the City of Green Park and the community as a whole, amend this
Section to remove the exception at any time with or without prior
actual notice to an owner.
[Ord. No. 101 §2(C), 6-17-1996]
No person shall keep or maintain any non-domestic animals within
the City. The term "non-domestic animals" shall include
all felines (other than the domestic house cat), non-human primates,
bears, wolves, coyotes, foxes, venomous reptiles, constrictor reptiles
over ten (10) feet in length, and any crossbreed of such animals which
have similar characteristics of the animals specified herein.
[Ord. No. 101 §2(D), 6-17-1996]
No person shall keep, harbor or maintain any animal, which such
person knows or should know, in the exercise of ordinary care, to
be an animal which has a tendency to injure persons whether in play
or in anger unless such animal shall be kept securely restricted to
an area within such person's house, garage or fenced-in area, where
fences are permitted, and then only after adequate warning thereof
is given to all persons who might come near such animal.
[Ord. No. 101 §2(E), 6-17-1996]
No person shall keep, harbor or house on any premises within
the City more than three (3) dogs; except, however, that upon the
occasion of the birth of a litter of dogs, it shall be permissible
under this Section that such litter may be kept together with their
mother until they reach the age of eight (8) weeks, and except that
this Section does not apply to a duly licensed animal shelter.
[Ord. No. 101 §2(F), 6-17-1996]
No person shall keep, harbor or house on his/her premises or
on the premises of others, within the City, more than three (3) cats;
except, however, that upon the occasion of the birth of a litter of
cats, it shall be permissible under this Chapter that such litter
may be kept together with their mother until they reach the age of
eight (8) weeks, and except that this Section does not apply to a
duly licensed animal shelter.
[Ord. No. 101 §2(G), 6-17-1996]
It shall be unlawful for any person owning or in control of
any animal to permit or allow such animal to defecate upon any public
property, or upon any private property other than that of the person
owning or in control of the animal, unless such person shall remove
immediately all feces so deposited by such animal.
[Ord. No. 101 §2(H), 6-17-1996]
No person shall permit a dog, cat, horse, cow, goat, sheep,
chicken, duck, goose, or any other domesticated or wild fowl or animal
of any kind whatsoever, owned by him/her or within his/her custody
or control, to habitually emit loud noises thereby reasonably causing
the peace of any person of ordinary temper and disposition to be disturbed.
A dog, cat, horse, cow, goat, sheep, chicken, duck, goose or any other
domesticated or wild fowl or animal of any kind whatsoever which habitually
emits loud noises, thereby reasonably causing the peace of any person
of ordinary temper and disposition to be distributed, is declared
to be a public nuisance.
[Ord. No. 354 §1, 2-19-2002]
A.
It
shall be unlawful for a person acting without the consent of the owner
or custodian of any animal to intentionally release any such 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.
[Ord. No. 101 §3(A), 6-17-1996]
As used in this Article the following terms shall have the meanings
as set out herein:
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.
Every living vertebrate except a human being.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly 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 animals.
An animal raised on a farm or ranch and used or intended
for use in farm or ranch production, or as food or fiber.
To feed or shelter an animal at the same location for three
(3) or more consecutive days.
The destruction of an animal accomplished by a method approved
by the American Veterinary Medical Association's Panel on Euthanasia
(JAVMA 173:59-72, 1978); or more recent editions, but animals killed
during the feeding of pet carnivores shall be considered humanely
killed.
In addition to its ordinary meaning, any person who keeps
or harbors an animal or professes to be owning, keeping, or harboring
an animal.
Birds, rabbits, or rodents which damage property or have
an adverse effect on the public health, but shall not include any
endangered species listed by the United States Department of the Interior
nor any endangered species listed in the Wildlife Code of Missouri.
[Ord. No. 101 §3(B), 6-17-1996]
A.
The
provisions of this Article shall not apply to:
1.
Care or treatment performed by a licensed veterinarian within the
provisions of Chapter 340, RSMo.;
2.
Bona fide scientific experiments;
3.
Hunting, fishing, or trapping as allowed by Chapter 252, RSMo., including
all practices and privileges as allowed under the Missouri Wildlife
Code;
4.
Facilities and publicly funded zoological parks currently in compliance
with the Federal "Animal Welfare Act" as amended;
5.
Rodeo practices currently accepted by the Professional Rodeo Cowboy's
Association;
6.
The killing of an animal by the owner thereof, the agent of such
owner, or by a veterinarian at the request of the owner thereof;
7.
The lawful, humane killing of an animal by an Animal Control Officer,
the operator of an animal shelter, a veterinarian, or Law Enforcement
or Health Official;
8.
With respect to farm animals, normal or accepted practices of animal
husbandry;
9.
The killing of an animal by any person at any time if such animal
is outside of the owned or rented property of the owner or custodian
of such animal and the animal is injuring any person or farm animal
but shall not include Police or guard dogs while working;
10.
The killing of house or garden pests; or
11.
Field trails, training and hunting practices as accepted by the Professional
Houndsmen of Missouri.
[Ord. No. 101 §3(C), 6-17-1996]
A person is guilty of animal neglect when he/she has custody
or ownership or both of an animal and fails to provide adequate care
or adequate control, which neglect is hereby prohibited. 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 as otherwise may be provided by ordinance may
not be waived.
[Ord. No. 101 §3(D), 6-17-1996]
A.
A person
is guilty of animal abuse, which is hereby prohibited, when a person:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of this Chapter or Sections
578.016 through 578.023, RSMo.;
2.
Purposely, intentionally or recklessly causes injury, suffering,
or pain to an animal;
3.
Abandons an animal in any place without making provisions for its
adequate care;
4.
Overworks or overloads an animal, or drives or works an animal unfit
to work; or
5.
Having ownership or custody of an animal willfully fails to provide
adequate care or adequate control.
[Ord. No. 101 §3(E), 6-17-1996]
The parent or guardian of a minor child is responsible for the
adequate care of any animal owned by, in the control of, or harbored
by that minor child.
[Ord. No. 101 §4, 6-17-1996]
Any person convicted of violating this Chapter shall be punished as provided by Section 100.140 of this Code.
