§ 5-11. Chickens.

(a)

Permit required.

(1)

No person shall keep, maintain or allow to remain upon any lot, tract or parcel of ground within the city a chicken unless such person has a valid permit issued under this section to do so.

(2)

The director of public works or his/her designee is authorized to administer chicken permits, and to adopt and promulgate rules and regulations to interpret and implement the provisions of this section to secure the intent thereof and to promote the public health, safety and general welfare. An application for a chicken permit shall be submitted to the director of public works or his/her designee by the owner of the property on which such chickens will be kept, accompanied by a nonrefundable application fee in the amount of fifty dollars ($50.00) payable to the city if the inspection is by the city or the amount charged by St. Louis County for such inspection. No permit shall be issued for more than six (6) chickens on any platted lot or group of contiguous lots, parcels, or tracts of land owned by the applicant containing a detached single family dwelling, but, as may be permitted below, only one (1) such chicken may be a rooster. No permit shall be issued for a rooster without the verified written consent of the owners (and lessees, if applicable) of all residentially-zoned property adjacent to the property on which such rooster will be kept and in no event may more than one (1) rooster be permitted on any platted lot or group of contiguous lots, parcels, or tracts of land owned by the applicant containing a detached single family dwelling. Such written consents must be in the form of a notarized letter and shall be included with any rooster permit application. No permit shall be issued to keep chickens on any platted lot or group of contiguous lots, parcels, or tracts of land owned by the applicant which is less than one (1) acre in size. No more than ten (10) permits shall be in effect in the city at any one time. No new permit shall be issued during the one (1) year period commencing upon the passage of the ordinance from which this section is derived, except to persons who are entitled to permits pursuant to subsection (3) below.

(3)

Persons keeping, maintaining and raising chickens on property in the city as of October 1, 2012 shall be permitted to continue keeping, maintaining and raising chickens on such property, provided that each such person pursuant to subsection (ii) above, obtains a permit within sixty (60) days following the effective date of the ordinance from which this section is derived. Each such person shall not be limited as to the number of chickens or roosters that such person may keep on his/her property provided that the total number of chickens does not exceed the number kept by such person as of the effective date of this ordinance by more than ten (10) percent and if such person was breeding chickens as of October 1, 2012, then such person may continue to breed chickens on such property. Any person who qualifies to benefit from the provisions of this subsection (3) who fails to obtain a permit within the time stated shall forfeit their right to benefit from the provisions of this subsection (3).

(b)

Confinement. A chicken shall at all times be safely and securely confined in a coop or other enclosure providing at least a minimum square footage of three (3) square feet per chicken. The design and construction of the coop or other enclosure is to be reviewed and approved by department of public works. The coop or other enclosure shall provide sufficient rain shelter and shall be located at least ten (10) feet from the property line. A diagram that indicates the location of the coop or other enclosure, its size and distance from the property lines and other structures on the property shall be included with the chicken permit application. The coop or other enclosure shall be maintained in good repair, free of noxious odors, and in a clean and sanitary condition. Nothing in this section shall be interpreted to supersede any applicable zoning ordinance relating to the permissibility, square footage or placement of such a structure. Where the permissibility, square footage or placement requirements of this section are in conflict with applicable zoning regulations, the zoning regulations shall control.

(c)

Sale of chickens or eggs. The sale of eggs is allowed with a valid City of Black Jack business license, which is renewed annually. No chicken kept on a premise pursuant to a chicken permit shall be sold or offered for sale, including, but not limited to by barter or exchange.

(d)

Inspections. The director of public works or his/her designee may inspect the premises where any chicken is kept, to determine whether there is compliance with this section.

(e)

Slaughtering restrictions. Any slaughtering of chickens shall not be visible from outside of the property on which any chickens are lawfully kept.

(f)

Responsibility. The owner and occupant of a premises where a chicken is kept, maintained or allowed to remain, and any holder of a permit for the chicken, shall be responsible for any violations of this section.

(g)

Penalties and enforcement. Any person found to be in violation of any of the provisions contained in this section may, upon conviction thereof, be fined a sum of up to one thousand dollars ($1,000.00) and sentenced to up to thirty (30) days in jail or a combination of both.

( Ord. No. 1045, § 2, 11-20-12 ; Ord. No. 1047, § 1, 12-18-12 )