[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
Owner Required To Control Animal.
1.
All animals, except cats, shall be kept under restraint.
2.
No owner shall fail to exercise proper care and control of his
or her animals to prevent them from becoming a public nuisance. The
owner of every animal shall be held responsible for every behavior
of such animal under the provisions of this Chapter.
3.
All animals, while on the premises of its owner's real property,
shall be kept in such a manner that such animals shall not become
at large, as follows:
a.
Confined in a building or secure structure or enclosure in such
a manner so that such animal shall remain confined or secured therein
and shall not become at large;
b.
Confined behind a fence or other enclosure of sufficient height,
strength and construction so as to prevent the animal confined therein
from jumping over, through or crawling under such fence or other enclosure
and so that such animal shall not become at large;
c.
Secured by a chain, tether or leash or other type of restraint
of sufficient length and strength so that such animal is at all times
wholly on the owner's real property and shall not become at large;
or
4.
The Animal Control Officer shall have the authority to require
any owner of any animal to take any of the actions required hereunder
as may be deemed appropriate by the Animal Control Officer so as to
prevent any animal from becoming at large.
B.
Owner Required To Control Animal, Exceptions.
1.
The provisions of this Section shall not apply to dogs being
used in hunting, field trials and dog shows while on public lands
set aside for those purposes, while on the private property of others
with the actual, implied, customary or constructive consent of the
owner of such private premises, or while on Federal, State, municipal
or County roads or highways, in a rural area, while going to or coming
from a hunting, field trial or dog show site; nor shall the provisions
or prohibitions in this Section apply to bloodhounds or other dogs
used for tracking in conjunction with police activities nor to dogs
of the canine corps of any police force, the State Highway Patrol,
any Federal Law Enforcement Agency, or the Armed Forces of the United
States, while being used to conduct official business or being used
for official purposes; provided, however, that the dog bear a vaccination
tag as required by this Chapter.
C.
Animal Trespass.
1.
A person is guilty of animal trespass if a person having ownership
or custody of an animal knowingly fails to provide adequate control
for a period equal to or exceeding twelve (12) hours.
2.
This Section shall not apply to the provisions of Section 578.007,
RSMo., or Sections 272.010 to 272.370, RSMo.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
Service animals as defined in this Chapter or service animals meeting
the definition of "service animal" as provided by Department of Justice
regulations shall be permitted in public areas of buildings, facilities
or other areas owned or managed by the City;
B.
Any animal that does not meet the definition of "service animal,"
such as a pet or "support animal," is prohibited from all buildings,
facilities or other areas owned or operated by the City, unless otherwise
specifically authorized by the City.
C.
Service animals must be harnessed, leashed, or tethered, unless these
devices interfere with the service animal's work or the individual's
disability prevents using these devices. In that case, the individual
must maintain control of the animal through voice, signal, or other
effective controls.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
No owner shall fail to provide his/her animals with adequate food,
water, shelter and protection from the weather, vaccination, veterinary
care when needed to prevent suffering, and with humane care and treatment.
B.
No person shall beat, cruelly ill-treat, torment, overload, overwork,
or otherwise abuse an animal, or cause, instigate, or permit any dogfight,
cockfight, bullfight, or other combat between animals or between animals
and humans.
C.
No owner of an animal shall abandon such animal.
D.
No person shall crop an animal's ears, dock its tail, or perform
a procedure to devocalize, or declaw the animal, except a licensed
veterinarian.
E.
Any person who, as the operator of a motor vehicle, strikes a domesticated
animal shall immediately report such injury or death to the appropriate
local authority.
F.
No person shall expose any known poisonous substance, whether mixed
with food or not, so that the same shall be liable to be eaten by
any animal, provided that it shall not be unlawful for a person to
expose on his/her own property common rat poison mixed only with vegetable
substances.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
B.
Notwithstanding any other provision of the Code of Ordinances, the keeping of chickens is controlled by Section 210.190.
C.
Keeping more animals than what is described in this Section constitutes
a kennel. In order to operate a kennel a conditional use permit must
first be obtained.
D.
Waiver To The Maximum Number Of Pets. The City recognizes the importance
of pets to the quality of life. To that end, in certain circumstances,
the maximum number of pets allowed per household may be waived by
the City Administrator after a recommendation is received by the Community
Development Department.
1.
Must meet one (1) of the below criteria to request the waiver:
a.
The waiver is requested by a member of a State registered, not-for-profit
rescue organization (documentation must be submitted with waiver request)
and provides fostering to no more than two (2) additional dogs over
the three (3) limit, with a total of five (5) maximum number of pets
in a home.
b.
The waiver is requested by a property owner, or renter with
property owner's permission, due to a recognized medical condition
supported by a note or letter from a licensed medical practitioner
recognized by the American Medical Association.
2.
Process:
a.
Submit a letter and the above required documentation, dependent
upon the criteria met, to the Community Development Director for review.
b.
The recommendation is then forwarded to the City Administrator
for their final decision.
c.
The applicant will be made aware of the decision.
d.
The decision of the City Administrator is final.
3.
Disqualification And/Or Revocation Of Waiver. Fostering which
amounts to possession shall disqualify the individual from a waiver.
The determination of possession shall be in the sole discretion of
the Community Development Director or designee.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
Any owner, harborer or keeper is guilty of failure to register and
vaccinate when they:
1.
Fail to arrange registration and vaccination of any cat, dog,
puppy, or kitten with the City of Arnold when or before the puppy
or kitten reaches six (6) months of age, but not before it reaches
four (4) months of age; or
2.
Fails to arrange registration and vaccination of any dog or
cat within thirty (30) days of acquisition by the owner, harborer
or keeper; or
3.
Fails to have a collar or harness bearing a current tag on the
vaccinated dog or cat at all times.
B.
This provision shall not apply to animals owned by a licensed facility
or government operated or licensed animal shelter.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
All fecal accumulations in any pen, run, cage, yard, room or dwelling
unit where any dog, cat or other animal is kept shall be removed and
disposed of in such a manner as to prevent the breeding of flies and
creation of offensive, disagreeable or noxious odors or other nuisance
conditions. No person shall permit fecal matter to accumulate in any
pen, run, cage, yard, room or dwelling unit where a dog, cat or other
animal is kept for a period of time longer than twenty-four (24) hours.
B.
Any person having physical possession and/or control of any dog,
cat or other animal, whether on personal property owned by another
or in a public place, including, but not limited to, streets, sidewalks,
parking lots, and public parks, shall possess and carry a device,
mechanism or container designed for the removal of fecal matter deposited
by said dog, cat or other animal and shall, upon such a deposit by
said dog, cat or other animal, immediately remove any and all such
fecal matter.
C.
Fecal matter shall be contained and disposed of as solid waste. No
person shall discharge, or cause to be discharged, any fecal matter
into any municipal storm drain system or any watercourses, including,
but not limited to, creeks, streams, ponds or lakes. No person shall
dispose of any fecal matter as yard waste, with yard waste collection
or in a home composting plot.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
A person commits the offense of animal neglect, abuse, or cruelty
if he or she:
1.
Has custody or ownership of an animal and fails to provide adequate
care; or
2.
Knowingly abandons an animal in any place without making provisions
for its adequate care; or
3.
Ties, hitches or fastens an animal to any rope, chain or cord
that is directly attached to the animal's neck. Animals that must
be tied, hitched or fastened to restrain them must wear a properly
fitted collar or harness, not of the choker type, pinch type, or reversed-spike
type. The tying device shall be attached to the animal's collar or
harness and shall be at least ten (10) feet in length and free from
obstruction or items which may cause the tying device to become caught,
wrapped or twisted or prevent the animal from reaching food, water
or shelter, but must be short enough to prevent the animal from leaving
the property of its owner, sidewalk, right-of-way or any other place
a human being would have a legal right to be; or
4.
Fails to keep all areas where an animal is confined or tethered
in a clean, healthy and sanitary living environment. The person responsible
for the animal shall sanitize the area regularly to prevent health,
odor or sanitation problems; or
5.
Fails to treat all animals humanely. Animals shall not be beaten,
tormented, or overworked, except that reasonable force may be used
to drive off vicious animals. No animal shall be induced or encouraged
to perform through the use of chemical, mechanical, electrical or
manual devices which may cause physical injury or suffering; or
6.
Fails to provide all animals with adequate food, water, veterinarian
care and control to ensure the proper health, welfare and safety of
the animals. Dogs and cats must be provided adequate shelter, and
all other animals must be provided shelter appropriate to their species,
when exposed to the elements for more than fifteen (15) minutes. During
periods of extreme temperatures or weather conditions, all shelters
must provide some form of suitable insulation as appropriate for the
specific species, breed, health, age and condition of the animal being
sheltered; or
7.
Fails to maintain or transport all animals in a manner that
is consistent with preserving the animal's health, safety and welfare.
No owner (as defined herein) of any animal shall leave an animal inside
the confines of a vehicle during periods of heat in excess of ninety
degrees Fahrenheit (90° F.) or colder than forty degrees Fahrenheit
(40° F.) for periods of time longer than ten (10) minutes, without
having made climate control provisions for the animal in order to
maintain the animal's good health. Inadequate shelter may be indicated
by the shivering of the domesticated animal due to cold weather for
a continuous period of ten (10) minutes or by symptoms of frostbite
or hypothermia. During periods of outdoor temperature colder than
forty degrees Fahrenheit (40° F.), the domesticated animal's shelter
must contain dry, clean bedding material that neither retains moisture
nor is susceptible to freezing, and is sufficient to retain the domesticated
animal's normal body heat. No owner (as defined herein) shall transport
an animal in an open truck or vehicle bed without restraint sufficient
to ensure the safety of the animal; or
8.
Commits any act of animal neglect, animal abuse, or animal cruelty
as defined in this Chapter, or purposely or intentionally causes injury
or suffering to an animal, whether or not he or she is the owner (as
defined herein) of the animal or any other person; or
9.
Intentionally or purposely kills an animal in any manner not
allowed by or expressly exempted from the provisions of Sections 578.005
to 578.023, RSMo., and 273.030, RSMo.
B.
All fines and penalties for a first finding of guilt under this Section
may be waived by the court if 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 may not be waived. This Section shall not apply to the provisions
of Section 578.007, RSMo., or Chapter 272, RSMo.
C.
In addition to any other penalty imposed by this Section, the court
may order a person found guilty of animal neglect to pay all reasonable
costs and expenses necessary for:
1.
The care and maintenance of neglected animals within the person's
custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect; and
4.
The avoidance or minimization of any public health risks created
by the neglect of the animals.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
No person shall own, keep or harbor any dog or other animal
which, by jumping upon or threatening persons upon public streets,
shall cause persons to be put in fear of injury.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
No person shall keep or breed animals for the purpose of fighting
other animals or humans, nor shall any person enter an animal in a
fight.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
A person commits the ordinance violation of killing or disabling
a police animal when such person knowingly causes the death of a police
animal, or knowingly disables a police animal to the extent it is
unable to be utilized as a police animal, when that animal is involved
in a law enforcement investigation, apprehension, tracking, or search
and rescue, or the animal is in the custody of or under the control
of a Law Enforcement Officer, Department of Corrections Officer, Municipal
Police Department, Fire Department and a rescue unit or agency.
B.
A person commits the ordinance violation of assault on a police animal
when such person knowingly attempts to kill or disable or knowingly
causes or attempts to cause serious physical injury to a police animal
when that animal is involved in law enforcement investigation, apprehension,
tracking, or search, or the animal is in the custody of or under the
control of a Law Enforcement Officer, Department of Corrections Officer,
Municipal Police Department, Fire Department or a rescue unit or agency.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
Every unsterilized female animal when in heat shall be confined
in a building or secure enclosure in such a manner that such female
animal cannot come into contact with another animal except for planned
breeding.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
Every animal which is determined to be a vicious animal by the licensing
authority shall only be maintained in accordance with the provisions
of this Section.
B.
Any animal that has been determined as vicious as provided in Subsection (A) of this Section; or any animal that has attacked any person or other animal in a particularly vicious manner as to cause severe injury or harm; or any animal that has on more than one (1) instance attacked or bitten a person or other animal shall be confined in accordance with the following:
1.
Shall be kept within a cage of such strength and design as to
prevent escape; or
2.
Shall be kept on a chain, tether, or leash of such strength
and design as to prevent escape; and
3.
In addition to the requirements of Subparagraphs (1) and (2)
above shall be confined in a yard completely enclosed by a fence of
such height, strength and construction so as to prevent the animal
from jumping over, through, or crawling under such fence, and notices
shall be posted on the premises conspicuously visible to the public
and reading in letters not less than two (2) inches high with such
message to convey to the general public that a dangerous animal is
on the premises.
4.
The licensing authority shall have the authority to specify
and approve the methods of confinement and warning sign required by
this Section.
5.
The owner of any animal that is confined pursuant to this Section
shall, at all times, properly maintain the approved methods of confinement
and warning sign as to prevent the animal from escaping and becoming
at large and prevent the public from coming in contact with the animal.
C.
Any animal determined to be vicious or any animal that is to be confined
in accordance with this Section may be held by the City at the owner's
expense until all the provisions of this Section have been met.
D.
The owner of any animal to be confined pursuant to this Section shall
be required to comply with all provisions herein within ten (10) days
of notice by the licensing authority or shall present evidence of
reasonable good faith efforts to comply, in which event the licensing
authority may extend the period to comply as necessary to meet the
requirements of this Section. The owner of any animal held by the
City, shall pay the charges for such confinement on a weekly basis
and in the event that the owner fails to make such payment within
seven (7) days of the mailing of the bill from the City hereunder,
then the animal shall be deemed abandoned. All fees shall be paid
in full prior to the release of the animal.
E.
The owner of any animal that has been determined as vicious pursuant to Subsection (A) or confined in accordance with Subsection (B) of this Section as a further condition of maintaining such animal shall at all times keep and maintain liability insurance in a sum not less than three hundred thousand dollars ($300,000.00) to cover any damage, harm or injury that may be caused by such animal. Proof of such coverage shall explicitly demonstrate that any animal that has been determined as vicious pursuant to Subsection (A) or confined in accordance with Subsection (B) of this Section, is specifically covered by the plan in the amount stated herein.
F.
Every vicious animal shall be securely muzzled and kept in a cage
or on a leash of such strength so as to prevent escape from the owner
whenever such animal is off the premises of its owner.
G.
Any animal that has been determined as vicious or any animal that has been ordered to be confined in accordance with the provisions of this Section that is found off the premises of the owner in violation of this Section may be seized by any Police Officer or other authorized City enforcement personnel and the owner prosecuted for violation of this Code. In the instance where the licensing authority determines that an animal constitutes a significant threat to the public or in those instances where a vicious animal or animal confined in accordance with the provisions of this Section is found repeatedly at large, the animal may be seized by enforcement personnel and held at owner's expense until the case can be brought to trial. Confinement of such animal shall require the owner of the animal to pay the City for such confinement as provided in Subsection (D) hereof. Upon establishment of the evidence of the vicious character of such animal by testimony, the Municipal Court may order such animal to be euthanized and the owner subject to the penalties of this Chapter.
H.
Any animal that has been determined as vicious or any animal that
has been ordered to be confined in accordance with the provisions
of this Section shall be microchipped and shall only be considered
so upon receipt of written confirmation signed by the licensed veterinarian
who performed the microchipping.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
No person shall keep or permit to be kept on his/her premises any
wild or vicious animal for display or for exhibition purposes, whether
gratuitously or for a fee. This Section shall not be construed to
apply to zoological parks, performing animal exhibitions, circuses,
or veterinary care facilities.
B.
No person shall keep or permit to be kept any wild animal as a pet
without a special permit.
1.
Applications for a wild animal permit shall be submitted to
the Community Development Department in a form and format stipulated
by the Department and shall include the identification of the specific
wild animal for which the permit is sought and the specific location
at which the wild animal will be housed.
2.
The Community Development Director will evaluate the application
using the following criteria:
a.
The applicant can provide a sanitary, safe area for the wild
animal to be kept in a humane condition.
b.
The wild animal is not of a breed or species that makes frequent
loud noises or emits any kind of odor that would be a nuisance to
the surrounding neighborhood.
c.
The wild animal is not of a breed or species that is known to
carry communicable diseases that can transfer to humans in a manner
that would create a public health hazard.
d.
The wild animal is not poisonous.
e.
The wild animal does not produce any kind of toxic odor or substance.
f.
The wild animal is not a carnivorous predator in its natural
state in the wild.
g.
The wild animal does not have any traits or characteristics
that would endanger the public or cause a public health hazard.
h.
The applicant shall provide proof of, and maintain at all times,
liability insurance coverage for the wild animal in a sum of not less
than three hundred thousand dollars ($300,000.00) to cover any damage,
harm or injury that may be caused by such wild animal. Proof of coverage
shall identify the species and breed of the wild animal and explicitly
demonstrate that the wild animal is specifically covered by the plan
in the amount stated herein.
3.
After reviewing the application and gathering any necessary
information, the Community Development Director will notify the applicant
of the permit's approval or denial.
4.
Permits are only for the specific wild animal at the specific
location. If the location of the animal is changed a new permit will
be required. If the wild animal dies or otherwise ceases being housed
at the location, any replacement wild animal, even of the same breed
or species, will require a new permit. Any additional wild animal
kept, even of the same breed or species of wild animal that already
has a permit, will require an individual permit.
5.
If a permit is denied by the Community Development Director
the applicant has ten (10) business days after receiving notification
of the denial to appeal to the City Administrator. The City Administrator's
decision is final.
C.
The Animal Control Officer shall have the power to release or order
the release of any infant wild animal under temporary permit which
is deemed capable of survival.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
Permit For Domestic Animals Required. It shall be unlawful to keep
any domestic animal without having first obtained a special annual
permit from the City.
B.
Minimum Lot Area Required. It shall be unlawful for any person to
keep or maintain any domestic animal on any property within the City
of Arnold that contains less than one (1) acre in lot area.
C.
Permit Required. It shall be unlawful for any person to keep or maintain
any domestic animal within one hundred fifty (150) feet of any residence,
church, school, or hospital.
D.
Findings Prerequisite To Issuance Of Permit. The Animal Control Officer
shall issue a special permit for the keeping or maintenance of a domestic
animal if it finds:
1.
That the animal will be at all times kept or maintained in a
safe manner and that it is at all times confined securely so that
the keeping of such animal will not constitute a danger to human health
and safety or the property of others.
2.
That the animal is receiving adequate care (defined as normal
and prudent attention to the needs of an animal, including wholesome
food, clean water, shelter and care as necessary to maintain good
health in a specific species of animal).
3.
That the keeping of such animal shall not create a nuisance
as described below:
4.
That quarters for such animals shall be provided by the owner
and adequately lighted and ventilated and are so constructed that
they may be kept in a clean and sanitary condition.
E.
Inspection Of Premises — Revocation Of Permit. Prior to the
annual renewal of any special permit issued under this Chapter, the
City shall inspect the premises subject to such special permit to
determine whether the person to whom it has been issued is continuing
to comply with all of the conditions specified in this Chapter. If
it is determined during any such inspection that any of the conditions
therein specified are being violated, the City shall refuse to renew
any such special permit, or it shall revoke such special permit in
the event that such violation is not corrected within such period
of time as it shall direct.
F.
Appeal Process. Any permit revoked or denied under the provisions of Sections 210.110 through 210.150 and/or Sections 210.180 through 210.190 may be appealed to the Director of Community Development. Such appeal must be submitted, in writing, within ten (10) calendar days of the mailing or delivery of the notice revocation or denial. The decision of the Director of Community Development may be appealed to Circuit Court provided that such appeal is filed within thirty (30) days after the mailing or delivery of the notice of final decision in accordance with Chapter 536, RSMo.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
A.
Permit Required. It shall be unlawful to keep any backyard chicken
without having first obtained a special annual permit from the City.
B.
Minimum Requirements For Keeping Of Backyard Chickens A Prerequisite To Issuance Of A Permit. In addition to satisfying the findings required in Section 210.140, applicants seeking to keep or maintain chickens must meet the following additional criteria:
1.
Single-Family Dwelling Only. No duplexes or attached housing
including multi-family.
2.
Minimum Lot Size. One-half (1/2) acre.
3.
4.
Chickens must be securely constrained and enclosed in a suitable
coop and enclosed pen to prevent escape.
5.
Enclosed Pen. A pen is an enclosure where chickens feed and
roam.
a.
Pens shall be constructed to include ten (10) square feet of
outdoor space per chicken.
b.
Pens shall be maintained in a ventilated, safe, sanitary condition,
and free from predators.
c.
Pens must be surrounded by wire netting or other fence to prevent
their escape and must be kept in good repair and free from peeling
paint, untreated or rotted wood and rust. Tarps are not an acceptable
material for fencing or as a top.
d.
Wire netting or fencing shall not exceed six (6) feet in height.
e.
Pens must be on level ground and graded in a direction away
from the property line preventing runoff to adjacent properties.
6.
Coops. A coop is structure where chickens roost, nest and/or
are kept.
a.
Coops shall be constructed to include two (2) square feet of
space inside the coop per chicken.
b.
Building material must be suitable to the main dwelling and
weather and predator proof.
c.
Coops shall not exceed twelve (12) feet in height.
d.
Coops must be elevated off the ground, placed on level ground,
and graded in a direction away from the property line preventing runoff
to adjacent properties.
e.
Coops may only be used for the housing of chickens and not for
storage of any household or chicken related items.
7.
Location Of Coop And Enclosed Pen.
a.
Rear yard only.
b.
Pen and coop must be a minimum of fifty (50) feet from neighbor's
dwelling and/or pools, play structures, decks, and similar items.
c.
Pen and coop must be a minimum of fifteen (15) feet from primary
dwelling on lot.
d.
Pen and coop must maintain a minimum fifteen-foot setback from
the side and rear property line.
8.
Cleanliness Of Site/Disposal. The presence of numerous flies
or the presence of fly larvae in the vicinity of any such premises,
enclosures or structures shall be evidence of lack of sanitary maintenance
of the premises and shall constitute a public nuisance.
a.
Any manure or other waste from the chicken hens shall be collected
and properly removed from the premises or tilled into the soil on
the premises promptly and regularly to prevent the spreading of offensive
smells or diseases.
b.
Deceased chickens must be disposed of either through burial
or incineration in accordance with Federal, State, and County regulations.
c.
All enclosures, refuse containers, and all feed containers intended
for the use of chickens shall be constructed, maintained and kept
in such a manner as to be completely rodent-proof.
d.
The floors of every such enclosure shall be smooth and tight,
and maintained so as to prevent accumulation of filth or water or
harboring of vermin thereunder.
9.
Miscellaneous Regulations.
a.
Chickens may not be kept inside habitable areas of the dwelling.
b.
No roosters.
c.
The coop used exclusively for chickens will not count toward
the accessory structure.
d.
No breeding of chickens or sale is permitted.
e.
No slaughtering of any chickens is permitted.
f.
No diseased or sick chickens.
g.
Should, for any reason, the keeping of backyard chickens cease
for a period of sixty (60) days, the permit to keep such backyard
chickens shall be considered voluntarily surrendered, and any coop/housing
or other yard establishment for the housing of backyard chickens shall
be removed within ten (10) business days subsequent to such surrender.
h.
The City shall have the right to enter the property to investigate
any complaints and abate any violations.
i.
No selling of eggs.
C.
Application Process.
1.
Submit application, fee, site plan and documentation meeting
the above requirements for review, inspection and approval by the
Animal Control Officer.
2.
Upon approval, submit information for a building permit, if
applicable.
3.
The permit must be renewed annually after inspection and certification
of compliance with these regulations.
4.
Please note, it is the applicant's responsibility to understand
and obey any subdivision restrictive covenants or indentures.
D.
Revocation Of Permit To Keep Backyard Chickens And Appeal Of Revocation.
1.
A permit allowing for the keeping of backyard chickens may be
revoked at any time, without a hearing, if the City determines in
its sole discretion that an infectious avian agent of potential significant
copathogenicity, 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 local, County, State or Federal government instruct
with regard to the quarantine or destruction of any such chicken or
coop.
2.
Except as provided above, if the holder of a permit allowing
for the keeping of backyard chickens allows an unsanitary condition,
or any violation of this Section to exist for more than fourteen (14)
calendar days after notice from the City, then such permit allowing
for the keeping of backyard chickens may be revoked after hearing,
upon a determination by the Animal Control Officer or designated officer
or officers, that said coop/housing, hutch, or other yard establishment
are being maintained in an unsanitary condition, or in violation of
this Section, or other laws applicable to said structure. All chickens
and coop/housing, hutch, or other yard establishment shall be disposed
of or removed from the City not more than fourteen (14) calendar days
following receipt of notice of revocation after an administrative
hearing before the Community Development Director, unless circumstances
warrant earlier removal at the sole discretion of the Animal Control
Officer or designated officer or officers.
3.
The hearings provided for in Subsection (B) of this Section shall be heard by the Animal Control Officer or designated officer or officers, however, the officer who issued the notice shall not act as the hearing officer.
4.
Misstatements of fact on an application for permit or the failure to comply with any of the requirements of this Section shall warrant revocation by the Animal Control Officer or designated officer or officers or his or her designee following a hearing as described in Subsection (B) of this Section.
