[Ord. No. 719 § 2, 8-13-2015; Ord. No. 720, 10-8-2015; Ord. No. 815, 2-22-2022]
The following words, when used in this Article, shall have the
meanings set out herein:
Normal and prudent attention to the needs of the fowl, including
wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of fowl.
The person(s) designated by title by the City of Seymour
to control any animal, including fowl, that is found within the City
limits that could potentially affect the public health and welfare
of the City.
To be freely roaming on the private property of another without
the consent of the owner or person in control of the property or to
be freely roaming on any public property, street or highway without
consent of the public entity in control of the property, street or
highway.
Trained or adapted for use in a human environment.
A structurally sound, properly ventilated, sanitary, dry
and weatherproof shelter suitable for the species, age and condition
of the fowl, which is free of litter or hazardous substances and objects,
contains clean and dry bedding material and which provides access
to shade from direct sunlight and regress from exposure to inclement
weather conditions. An unacceptable enclosure includes but is not
limited to barrels, pipes, crates, cardboard boxes, pet carriers and
tarpaulins.
Domesticated female-only: fowls, guineas, geese, ducks, turkeys
or other domesticated bird.
Any person(s) owning, keeping or harboring fowl.
The costs and expenses necessary for the care and maintenance
of neglected, abandoned or abused fowl, disposal of any dead or diseased
fowl and the costs and expenses necessary to avoid or minimize any
public health risk created by the neglect, abandonment or abuse of
such fowl.
To put to death in a humane manner.
Any veterinarian holding a current State license.
[Ord. No. 719 § 3, 8-13-2015; Ord.
No. 815, 2-22-2022]
A.
The keeping of fowl within the City limits of Seymour, is permitted
in accordance with the following:
1.
No person shall keep fowl in any pen having an area of less
than one hundred forty-four (144) square feet or the exterior boundary
of which is less than fifty (50) feet at the nearest point from the
dwelling of another, a church, a school or a place of business of
another.
2.
Six (6) is the maximum number of fowl allowed per tract of land,
regardless of how many dwelling units are on the tract.
3.
Only female fowl shall be permitted; no guineas or roosters.
4.
There shall be no restriction on the breeds of fowls allowed.
5.
It shall be unlawful to engage in the breeding of fowls or fertilizer
production or egg production for commercial purposes.
6.
Slaughter may occur for personal use provided that it is conducted in a sanitary manner, does not violate the nuisance ordinance of Article V, Offenses Affecting Public Peace, Chapter 210, Offenses, Section 210.215, Loud and Unusual Noises and is not visible from adjacent properties or any public area or right-of-way.
B.
The owners of the fowl shall provide the fowl with adequate feed
and water, at all times; said feed and water shall not be accessible
to rodents, wild birds or predators.
C.
The owners of the fowl shall take adequate steps to reduce the attraction
of rodents, wild birds, predators, insects or parasites that may result
in unhealthy conditions to human habitation or pose a threat to human
habitation, vegetation or water supplies.
[Ord. No. 719 § 4, 8-13-2015; Ord.
No. 815, 2-22-2022]
A.
Fowl shall be confined to the tract of land in a pen, consisting
of sturdy wire or wooden fencing and shall be covered with wire, aviary
netting or solid roofing. Fowl shall be kept in a secured enclosure
within a henhouse or fowl tractor during non-daylight hours.
1.
Enclosures shall be kept in a clean, dry, odor-free, sanitary
and tidy condition at all times.
2.
Enclosures shall provide adequate ventilation and adequate sun
and shade and shall be impermeable to rodents, wild birds and other
predators, including, but not limited to, dogs and cats.
3.
Enclosures shall be designed to provide safe and healthy living
conditions for the fowls while minimizing adverse impacts to other
residents in the neighborhood, to wit:
a.
Enclosures shall be enclosed on all sides and shall have a roof
and shall have doors that have the ability to be shut and locked at
night.
b.
Openings, windows and vents of the enclosures shall be covered
with predator and bird proof wire of less than one-inch openings.
d.
Enclosures shall be located at least three (3) feet from the
property line and at least twenty-five (25) feet from any adjacent
residential dwelling, church, school or place of business.
[Ord. No. 719 § 5, 8-13-2015; Ord.
No. 815, 2-22-2022]
A.
Odors from manure or other fowl-related substances produced by the
keeping of fowl shall not be detectable at the property boundaries.
B.
The owners of the fowl shall provide for the storage and removal
of all manure or other fowl-related substances, to wit:
1.
All stored manure or other fowl-related substances shall be
covered by a fully enclosed structure with a roof or lid over the
entire structure.
2.
No more than three (3) cubic feet of manure or other fowl-related
substances shall be stored.
3.
All other manure or other fowl-related substances not used for
composting or fertilization shall be removed.
4.
The henhouse, fowl tractor, fowl pen and surrounding area shall
be kept free from trash and accumulated droppings.
C.
Fowl found to be infested with insects and parasites that may result
in unhealthy conditions to human habitation, vegetation or water supplies
may be removed by an Animal Control Officer, at the cost to the owner(s)
of the fowl or the tract of land wherein the fowl are being kept.
[Ord. No. 719 § 6, 8-13-2015; Ord.
No. 815, 2-22-2022]
A.
It shall be unlawful for any person(s) to keep fowl in violation
of any provision of this Article, including, but not limited to the
following:
1.
Any owner(s), renter or leaseholder or property that allows
fowl to be kept on the property in violation of the provisions of
this Article.
2.
Any violation of this Article that constitutes a health hazard
or that interferes with the use or enjoyment of neighboring property,
as prohibited herein, shall be a nuisance and shall be abated as such
under the general nuisance provision of the City of Seymour.
B.
The parent or guardian of a minor child is responsible for the adequate
care and control of any fowl owned by, in the control of or harbored
by that minor child.
C.
The Chief of Police or other person(s) designated by the City of
Seymour to provide animal control, shall have the power to catch,
confine and impound fowl, as follows:
D.
Fowl impounded under this Chapter shall, within twenty-four (24)
hours after such impounding, be entered by the Chief of Police or
other person designated as Animal Control Officer by the City of Seymour,
upon a registry open to the public and in plain public view at the
City Hall of the City of Seymour, a description of the fowl, including
species, breed and color and the date apprehended, and if the owner
or keeper is known, the name and address of such owner or keeper;
or the owner or keeper shall be given actual notice of the impoundment
of such fowl before disposition of such fowl.
1.
The cost of impoundment of the fowl shall be collected from
the owner or keeper of the fowl for the feeding and keeping of such
fowl, payable into the City Treasury via the City Clerk prior to the
fowl being returned to said owner or keeper.
2.
It shall be the duty of any person designated as the Animal Control Officer, who has impounded any fowl on behalf of the City of Seymour, to keep the same impounded for a period of seven (7) days, unless such fowl shall be reclaimed by the owner or keeper under Subsection (D)(1) above. If, after the expiration of seven (7) days from the date of such impoundment, such fowl shall not have been reclaimed, the same shall be disposed of or destroyed in a humane manner.
3.
The provisions of Section 205.260(C)(4) shall not apply to the Chief of Police or other person designated by the City of Seymour as an Animal Control Officer if done so in performance of his/her official duties.
[Ord. No. 719 § 7, 8-13-2015; Ord.
No. 815, 2-22-2022]
A.
The owner or keeper of fowl is guilty of neglect when he/she fails
to provide adequate care or adequate control of the fowl, which results
in substantial harm to such fowl, other persons or other person's
property.
B.
A person is guilty of abandonment of fowl when he/she knowingly abandons
such fowl in a place without making provisions for its adequate care
and control.
C.
A person is guilty of abuse of fowl when he/she does, participates
or encourages the following:
1.
The intentional killing of fowl in an inhumane manner or 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 any
fowl;
3.
Having ownership or custody of any fowl, knowingly fails to
provide adequate care or control of such fowl; or
4.
A person, who does not have ownership of such fowl, knowingly
releases or removes the fowl to be released, acting without the consent
of the owner or keeper.
[Ord. No. 719 § 8, 8-13-2015; Ord.
No. 815, 2-22-2022]
A.
Any person found in violation of this Article, Section 205.260, Neglect, Abandonment or Abuse, shall be fined in the following manner:
1.
For the first offense, a fine of no less than two hundred dollars
($200.00), plus reasonable costs incurred for the care and maintenance
of the fowl at issue; said costs may not be waived.
2.
For the second or subsequent offense, a fine of no less than
five hundred dollars ($500.00), plus reasonable costs incurred for
the care and maintenance of the fowl at issue; said costs may not
be waived.
3.
The Chief of Police of the City of Seymour may refer the neglect,
abandonment or abuse of fowl to the State Court for prosecution under
the Missouri Revised Statutes.
B.
Any person found in violation of any other Section of this Article,
shall be fined in the following manner:
1.
Any person who has violated any Section of this Article, other than Section 205.260, more than three (3) times in a twelve-month period shall be fined a minimum of two hundred dollars ($200.00), plus reasonable costs incurred for the care and maintenance of the fowl at issue; said costs may not be waived.
2.
Any person who has violated any Section of this Article, other than Section 205.260, for a fourth or subsequent time in a twelve-month period shall be fined a minimum of four hundred dollars ($400.00), plus reasonable costs incurred for the care and maintenance of the fowl at issue; said costs may not be waived.
3.
Any person who has been found guilty by the Municipal Court of Seymour for any violation, other than those of Section 205.260, more than three (3) times in a twelve-month period, shall be required as a condition of releasing such fowl impounded by the City of Seymour to post a bond with the Court equal to the minimum penalty of the offense as established by this Section, which bond shall be subject to forfeiture to the City of Seymour if the person is found guilty of such violation, plus such person who has violated any Section of this Article, other than Section 205.260, more than three (3) times in a twelve-month period shall be fined a minimum of two hundred dollars ($200.00), plus reasonable costs incurred for the care and maintenance of the fowl at issue; said costs may not be waived.
[Ord. No. 719 § 9, 8-13-2015; Ord.
No. 815, 2-22-2022]
Whenever an infestation of insects or parasites, contagion or
other health risk is declared to be a threat to the public health,
welfare or safety of any human living or found in the City of Seymour,
other than mere allergies related to the simple exposure to fowl,
the Mayor shall, according to the necessity of the case, issue a quarantine
order, requiring every owner or person in charge of such fowl within
the City limits to either kill or impound his/her fowl, or to have
such fowl immunized. Said order shall be published once in the paper
officially publishing the business of the City and shall be posted
in the same manner in which the sale of property is posted. The Mayor
is authorized by proclamation to terminate any such quarantine whenever,
in his/her judgment, the necessity for it no longer exists.
