November 19, 2020 To: Mayor Steele and Members of City Council
CC: Jimmy Liles, City Administrator; Cindy Robbins, City Clerk/Assistant City Administrator
From: Nick Woodman, City Attorney
Re: Council Bill No. 2020-115: Amending the City Code to allow for “miniature pigs” in residential areas. ______
At the November 9, 2020 City Council meeting, Ms. Angelina Engebreston spoke to Council concerning the City’s prohibited animal regulations (City Code Section 6-13). Specifically, Ms. Engebreston sought to lobby Council to allow “miniature pigs” within the City limits. Currently, swine or pigs are not allowed to be owned or kept in the City limits unless the animal on an “agricultural property.”
After Ms. Engebreston’s comments, Council directed staff to prepare a Council Bill to amend the City Code to authorize the keeping of “miniature pigs.”
After reviewing other Missouri cities’ ordinances on this topic and in consultation with Councilman Orf, staff has prepared Council Bill No. 2020-115 for City Council consideration.
This bill modifies certain provisions contained in Chapter 6 of the City Code. Primarily, it modifies Section 6-13 such that miniature pigs are no longer considered a prohibited animal. In order to qualify as miniature pig, the pig must have been bred to be a domesticated pet and must not weigh more than 120 pounds. Individuals are allowed to only keep one miniature pig on their property, they must register their miniature pig with the City, and provide proof of a valid rabies vaccine.
This bill also amends several sections contained in Chapter 6 to now cover miniature pigs. By way of example, the bill adds miniature pigs to the operation of Section 6-4 (Animal at large regulations), Section 6-5 (Vaccination requirements), Section 6-35 (Animal bite regulations), and Section 6-39 (Limitation on number of animals).
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COUNCIL BILL NO. 2020-115 ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF NIXA AMENDING SEVERAL SECTIONS OF CHAPTER 6 OF THE NIXA CITY CODE; FOR THE PURPOSE OF ALLOWING MINIATURE PIGS IN RESIDENTIAL AREAS. ______
WHEREAS, City Council, after hearing from a concerned citizen, desired to study allowing miniature pigs within residential areas of the City; and
WHEREAS, after reviewing regulations adopted by other Missouri cities, staff has prepared this Council Bill, in consultation with Councilman Orf, to allow residents to keep one miniature pig as a pet; and
WHEREAS, City Council desires to enact these amendments to balance the interests of private property owners and the impact that the keeping of a miniature pig may have on the community.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NIXA, AS FOLLOWS, THAT:
SECTION 1: Chapter 6, Article I, of the Nixa City Code is hereby amended by repealing section 6-4 and adopting in lieu thereof a new section 6-4, which said section shall read as follows:
(Note: Language to be added is underlined. Language to be removed is stricken.)
Sec. 6-4. - Animals at large.
It shall be unlawful for any person within the corporate limits of the city to allow a dog, chicken, miniature pig, or pup to run at large. Any dog, miniature pig, or pup shall be deemed to be at large when he is off the property of his owner and not physically restrained by a competent person. All owners of dogs, miniature pigs, or pups shall confine such animals to an enclosed area on their property, or confine their dog, miniature pig, or pup to a leash, or a chain in such a manner as to at all times have full control of the dog, miniature pig, or pup. Any chicken shall be deemed to be at large when it is not confined to the enclosed area of the owner's property as described in section 6-13. For purposes of this Section, miniature pig shall have the same meaning as such term is used in Section 6-13 of the City Code.
SECTION 2: Chapter 6, Article I, of the Nixa City Code is hereby amended by repealing section 6-5 and adopting in lieu thereof a new section 6-5, which said section shall read as follows:
(Note: Language to be added is underlined. Language to be removed is stricken.)
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Sec. 6-5. - Vaccination of animals.
All dogs, cats, and other household pets for which a rabies vaccination is available shall have a current vaccination for rabies, if kept within the corporate city limits. All dogs, cats and other applicable household pets shall wear a vaccination tag and shall present documentation that the proper inoculation has been given by a state-licensed veterinarian, when the license tag is purchased. Miniature pigs, as such term is defined in Section 6-13 of the City Code, shall be required to have a current rabies vaccination.
SECTION 3: Chapter 6, Article I, of the Nixa City Code is hereby amended by repealing section 6-13 and adopting in lieu thereof a new section 6-13, which said section shall read as follows:
(Note: Language to be added is underlined. Language to be removed is stricken.)
Sec. 6-13. - Prohibited animals.
(a) It shall be unlawful to keep or maintain any prohibited animal on any land or parcel which is not herein defined as agricultural property. Any prohibited animals kept on agricultural property must be kept in accord with the requirements set forth in subsection (c) of this section.
(b) Prohibited animal means any animal classified as livestock, fowl, poultry, swine, sheep, goats, llama, camel, ostrich, wild game, nondomestic animal, or a domesticated animal when such an animal creates a noise or odor offensive to the public.
(c) Agricultural property means any property designated or zoned by the city as agricultural, including property grandfathered as previously being agricultural or currently possessing prohibited animals on November 9, 2009. Animals kept on any agricultural property that was not previously zoned agricultural (or grandfathered) on November 9, 2009, must meet the following requirements:
(1) The property owner must keep any animals 100 feet away from the property line of any dwelling other than the property owner's dwelling.
(2) Property owners must keep any animals 50 feet away from the property line of any church, school, or business.
(3) A property owner must live on the property with the animals or within one mile of the property where the animals are kept.
(4) Property owners with animals on the property must provide the state- recommended amount of pasture or space per animal.
Page 2 of 9 (5) Property owner must also comply with section 6-7 (nuisance animals).
(6) Property owners must provide proof of property insurance, owner name, phone number, address, and emergency contact information to the city animal control officer.
(7) Property and animals must be maintained according to this Code and state statutes.
(d) Any property that is permitted to maintain a prohibited animal as a result of being grandfathered through the adoption of this section may only replace an animal after receiving authorization from the city council.
(e) Nothing in this section will prohibit schools, day care centers, vocational educational programs, and other public or private educational programs from possessing up to 20 female chickens on any lot five acres or more in size if any such chickens are maintained for educational purposes.
(f) If any chickens are kept pursuant to subsection (e) of this section, the chickens shall be kept in accordance with the following:
(1) The wings of chickens shall be clipped to ensure that they do not escape their enclosure.
(2) It shall be unlawful to engage in chicken breeding, the sale of chicken meat or byproducts, or fertilizer production. Unless otherwise prohibited by state or federal law, sale of eggs from these chickens shall be permitted under this section.
(3) Slaughter may occur provided that it is conducted in a sanitary manner, does not generate noise that creates a nuisance, and is not visible from adjacent properties or any public area or right-of-way.
(4) Chickens shall be kept in a secured enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non- daylight hours.
(5) At a minimum, four square feet per chicken enclosure space and ten square feet per chicken of outside run space shall be provided.
(6) Enclosures shall be kept in a clean, dry, odor-free, neat, and sanitary condition at all times.
(7) Henhouses, chicken tractors and chicken pens shall provide adequate ventilation and adequate sun and shade and shall be impermeable to rodents, wild birds, and predators; including dogs and cats.
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(8) Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood.
a. A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors shall be able to be shut and locked at night. Openings, windows, and vents shall be covered with predator and bird proof wire of less than one-inch openings.
b. Henhouses, chicken tractors, and chicken pens shall only be located to the defined rear of the property.
c. Henhouses, chicken tractors, and chicken pens shall be located at least six feet from the rear property line and five feet from the side property line (12 feet adjacent to a street) in accordance with the setback requirements as provided in section 117-279 (accessory building setback requirements).
d. Henhouses, chicken tractors, and chicken pens shall be located at least 25 feet from any adjacent residential dwelling, church, school, or place of business.
(9) Any enclosed chicken pen shall consist of sturdy wire or wooden fencing. The pen shall be covered with wire, aviary netting, or solid roofing.
(10) Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries.
(11) All uses shall operate in accordance with the standards contained in section 6- 7 of the Code of Ordinances.
(12) The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by the animal control officer.
(13) The chickens shall have access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds, and predators.
(14) All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen, and surrounding area shall be kept free from trash and accumulated droppings.
Page 4 of 9 (15) No dog or cat which kills a chicken shall, for that reason alone, be considered a dangerous or aggressive animal.
(16) It shall be unlawful for any person or entity to keep chickens in violation of any provision of this subsection.
(17) Any violation of this subsection that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under general nuisance abatement provisions of the city.
(18) Each day that a violation of this section continues is a separate offense.
(19) All other applicable city codes shall apply.
(g) Miniature Pigs. For purposes of this Section, miniature pig shall refer to swine which are bred to be domesticated pets, which are kept as pets in a residentially zoned area of the City, and which weigh no more than 120 pounds. A miniature pig shall not be considered a prohibited animal, as such term is defined in Section 6-13(b) of the City Code, provided that the keeping of said miniature pig is in full compliance with the following regulations and any other applicable provisions of the City Code:
(1) No person shall own, keep, or harbor at any time more than one miniature pig per residential dwelling unit within the City.
(2) No person shall cause or allow a miniature pig to become pregnant.
(3) Every owner of a miniature pig shall register said animal with the City when it reaches four months of age. Such registration shall be renewed annually. Registration shall not be transferable from one miniature pig to another. Applications to register a miniature pig shall contain at least the following:
a. Provide the name and address of the owner of the miniature pig;
b. Provide the color, age, and sex of the miniature pig;
c. Provide additional information as may identify the miniature pig; and
d. The applicant shall certify that the information contained in such application is truthful and accurate.
SECTION 4: Chapter 6, Article II, of the Nixa City Code is hereby amended by repealing section 6-34 and adopting in lieu thereof a new section 6-34, which said section shall read as follows:
(Note: Language to be added is underlined. Language to be removed is stricken.)
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Sec. 6-34. - Fee for impounded animals dogs.
Any owner claiming a dog an impounded animal at the facility will pay a service/storage fee for the return of the animal in the amount established by ordinance.
SECTION 5: Chapter 6, Article II, of the Nixa City Code is hereby amended by repealing section 6-35 and adopting in lieu thereof a new section 6-35, which said section shall read as follows:
(Note: Language to be added is underlined. Language to be removed is stricken.)
Sec. 6-35. - Biting dogs; observation period; same regulations for miniature pigs.
(a) The owners of any dog which bites any person regardless of the circumstances, and whether the dog has been vaccinated or not, shall be required to place the animal in a veterinary hospital maintained by a licensed veterinarian or a city-approved facility with daily visits from a licensed veterinarian for clinical observation for a period of at least ten days following the evening of the bite.
(b) Any dog impounded in accordance with the provisions of this chapter for biting a person may be placed in a veterinary hospital by a representative of the city. All expenses for such placement and observation shall be borne by the owner of the dog, or the person accepting such dog if it is released in accordance with the provisions hereof. If such animal shall die for any reason while in confinement, the head of such animal shall be removed by the veterinarian and submitted to any qualified official laboratory.
(c) If, at the end of the ten-day period, the animal is alive and has developed no symptoms suggestive of rabies, it may be released to its owner or other person in accordance with the other provisions of this chapter, upon payment of all charges authorized herein for impounding and caring for said dog, in addition to all charges for the placement and observation of said dog in the veterinary hospital. No such dog shall be released until all conditions of this chapter have been complied with, including rabies vaccination paid for by the owner or person accepting such dog, and the attachment of any identification tag to the dog.
(d) Miniature pigs, as such term is defined in Section 6-13 of the City Code, shall also be subject to the regulations established in this Section.
SECTION 6: Chapter 6, Article II, of the Nixa City Code is hereby amended by repealing section 6-37 and adopting in lieu thereof a new section 6-37, which said section shall read as follows:
(Note: Language to be added is underlined. Language to be removed is stricken.)
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Sec. 6-37. - Dog Certain animal licenses.
(a) There shall be a licensing fee tax imposed in the amount established by ordinance on all dogs that are not spayed or neutered and kept as pets within the city limits. This licensing tax must be paid by the owner or owners of any dog, provided that the animal is more than 12 weeks of age.
(b) The fee for licensing a spayed or neutered dog will be in the amount established by ordinance; but, in order to receive this reduced fee, the owner must present verification from a licensed veterinarian of the procedure. All owners must present evidence of vaccination to obtain an animal license.
(c) Service dogs used for handicap assistance must also be licensed; however, their fee may be waived. Proof of dog training for handicapped assistance and evidence of vaccination are required in order for fee to be waived.
(d) Miniature pigs, as such term is defined in Section 6-13 of the City Code, shall also be subject to the licensing requirements established in this Section. However, the additional fee charged for registering a non-spayed or non-neutered miniature pig shall only be charged on miniature pigs which are more than four months in age.
SECTION 7: Chapter 6, Article II, of the Nixa City Code is hereby amended by repealing section 6-39 and adopting in lieu thereof a new section 6-39, which said section shall read as follows:
(Note: Language to be added is underlined. Language to be removed is stricken.)
Sec. 6-39. - Limitation on number of cats or dogs kept as pets; miniature pig to be included in limitation.
(a) No household located within the R-1 zoned district shall possess more than four dogs, or four cats, or a combination of either dogs or cats, provided the combination of animals shall not exceed more than four animals.
(b) No household located within the R-3, R-4 or R-5 zone district shall possess more than two dogs, or two cats or a combination of either dog or cat, provided the combination of animals shall not exceed more than two animals.
(c) Any household that has more than the prescribed numbers of animals at the time of the enactment of the ordinance from which this subsection is derived (November 10, 2008) may continue to keep the same number of dogs or cats, provided such persons register these animals with the city in accordance with the prescribed procedures set forth herein within six months after the passage of such ordinance upon payment of all associated fees; provided, however, in no event shall such person add to or replace such animal, and that in no event shall the right to keep more than four
Page 7 of 9 animals within the R-1 zone districts, and two animals within the R-3, R-4 or R-5 zones districts, under the provisions in this subsection, be more than five years unless otherwise extended by the city council.
(d) The city will not issue any business license to operate a kennel within any residential area of the city.
(e) For purposes of the limitations on the maximum number of allowed animals set forth in this Section, miniature pigs, as such term is defined in Section 6-13 of the City Code, shall also be included when determining if any household has more than the prescribed number of animals.
SECTION 8: Chapter 6, Article II, of the Nixa City Code is hereby amended by repealing section 6-40 and adopting in lieu thereof a new section 6-40, which said section shall read as follows:
(Note: Language to be added is underlined. Language to be removed is stricken.)
Sec. 6-40. - Loose dogs and miniature pigs to be impounded.
(a) All dogs and miniature pigs found to be running at large by the chief of police shall, by him or his agents, be taken into custody and impounded in the city dog pound, and to remain a minimum of five days, and if not claimed at the end of five days, then at the discretion of the chief of police, said animal dog or dogs may be turned over to another agency or destroyed by a licensed veterinarian.
(b) All animals to be claimed by an owner shall show proof of rabies vaccination and a city license, if applicable. If said owner is not able to show proof of vaccination, the person claiming responsibility of the animal dog must prepay a licensed veterinarian's office and show proof of payment to the city official releasing the animal dog.
(c) If said owner claiming responsibility of a dog an animal cannot show proof that the dog animal is registered with the city, the owner will be required to purchase a city pet license through the city before the animal is released.
(d) For purposes of this Section, miniature pig shall have the same meaning as such term is used in Section 6-13 of the City Code.
SECTION 9: The City Attorney, when codifying this Ordinance, is authorized to provide for different section numbers, subsection numbers, and different internal citation references than those provided in Sections 1 through 8 hereof when such section numbers, subsection numbers, or internal citation references are in error or are contrary to the intent of this Ordinance.
SECTION 10: Savings Clause. Nothing in this Ordinance shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability
Page 8 of 9 incurred nor any cause or causes of action occurred or existing, under any act or ordinance repealed hereby.
SECTION 11: Severability Clause. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clause, or phrases be declared invalid.
SECTION 12: This Ordinance shall be in full force and effect from and after its final passage by the City Council and after its approval by the Mayor, subject to the provisions of section 3.11(g) of the City Charter.
ADOPTED BY THE COUNCIL OF THE CITY OF NIXA THIS 14TH DAY OF DECEMBER 2020.
______PRESIDING OFFICER
ATTEST:
______CITY CLERK
APPROVED BY THE MAYOR THIS ______DAY OF ______2020.
______MAYOR
ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
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