[R.O. 1991 § 240.010; 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; Ord.
No. 3004-18, 6-27-2018]
A.
It is hereby deemed to be in 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.
B.
ANIMALS
EXOTIC OR DANGEROUS WILD ANIMALS
POULTRY
REPTILE AND AMPHIBIAN
ROOSTER
Definitions. For the purposes 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.
Male chickens under four (4) months of age shall be regulated as all
other fowl contained in this definition.
As used herein shall not include any reptile and/or amphibian
which is:
A male chicken more than four (4) months old.
C.
No more than ten (10) poultry, and no rooster (as defined herein) shall be kept, housed or lodged in any manner, including but not limited to any barn, building, pen or other structure, (no chickens) less than fifty (50) feet of the nearest portion of any occupied and habitable building on adjoining land. (The quantity limitation herein does not apply to housing animals and poultry on land in any agriculturally zoned district.) All animals, poultry, reptile and amphibians, exotic or dangerous wild animals and roosters allowed in this Chapter shall be kept in compliance with Subsections (D), (E), (F) and (G), below.
D.
No such animal or poultry shall cause a noise disturbance in violation of Section 205.2260 et seq.
E.
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.
F.
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.
G.
Proposed facilities to house poultry must meet the following criteria:
1.
Is kept in good repair.
2.
Provides minimal disruption to neighbors.
3.
Has absorbent ground cover (that can be replaced as often as
necessary to suppress odor).
4.
Has a secure enclosure.
5.
Provides animals with adequate lighting and ventilation.
6.
Provides a space where feeding practices won't attract
unwanted rodents.
H.
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 use.
I.
Annual permits for poultry shall be required by September 1, at a
cost of thirty dollars ($30.00) to cover the cost of inspection of
the proposed site to ensure it is in compliance with the requirements
set out herein.
J.
Process For Appeal.
1.
Any person aggrieved by the denial of a permit shall, within
twenty (20) days after notice of the denial is served by mail or delivered
to the aggrieved person, serve upon the City Administrator a notice
of appeal, setting forth the following information:
2.
The notice of appeal shall be served by hand delivery to the
City Administrator.
3.
Within thirty (30) days after service, the City Administrator
and/or the Board of Aldermen shall determine whether an evidentiary
hearing is warranted, and shall notify the aggrieved party, by regular
mail, postage prepaid to the address set forth in the notice of appeal,
of the City's decision or of the grant of an evidentiary hearing.
4.
If an evidentiary hearing is granted, then notice of the City's
decision shall be sent, in the manner set forth above, within thirty
(30) days after the date of the evidentiary hearing.
K.
If any Section, Subsection or clause of this Chapter shall be deemed
to be unconstitutional or otherwise invalid, the validity of the remaining
Sections, Subsections and clauses shall not be affected thereby.
L.
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);
provided, however, that each day that such violation shall continue
shall be deemed a separate offense.
[R.O. 1991 § 240.020; Ord. No. 505 §§ 1 — 2, 2-5-1973; Ord. No. 1907-99 § 20, 12-21-1999; Ord. No. 2253-04 § 1, 3-16-2004]
A.
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 an ordinance violation.
