"Shall the Village of Oakview CONTINUE to collect the existing Levy of 30 cents on each 100 dollars in assessed valuation of property within the Village of Oakview for General Fund purposes for a period of 4 years?"

This is the same levy rate considered 4 years ago, that expires within the 2019 tax collection. It is the same rate voted 2 more 4 year terms prior. It requires a 2/3 majority to pass.

· Draft of proposed updates to the Animal/Pet Ordinance

Representatives of the media may obtain copies of this notice by contacting:

Jeanelle McDaniel, Administrator, Village of Oakview 816 436-9150 MONDAY - THURSDAY 10:00 AM - 4:00 PM

THIS IS A DRAFT

Bill NO. 738 Ordinance NO. ________ 

AN ORDINANCE REQUIRING OWNERS OF DOGS OVER SIX MONTHS OF AGE TO HAVE THEIR DOGS IMMUNIZED AGAINST RABIES AND LICENSED; ESTABLISHING LICENSING PROCEDURES; REQUIREMENTS FOR ANIMALS AND CHICKENS; ESTABLISHING REQUIREMENTS FOR THE CARE OF ANIMALS; REGULATING THE IMPOUNDMENT AND DISPOSAL OF UNRESTRAINED ANIMALS; REGULATING THE HANDLING OF ANIMALS EXPOSED TO OR SUSPECTED OF BEING RABID; LIMITING THE NUMBER OF UNCAGED ANIMALS THAT MAY BE HARBORED BY ANY ONE OWNER OR FAMILY; PROHIBITING THE RELEASE OR ABANDONING OF ANY ANIMAL WITHIN THE VILLAGE; AND ESTABLISHING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF OAKVIEW, MISSOURI, AS FOLLOWS:

Section 1 Definitions. For purposes of this Ordinance, the following definitions shall apply:

A) CAT. A cat shall be held and construed to mean all domesticated animals of the feline     species, both male and female.

B) DOG. A dog shall be held and construed to mean all domesticated animals of the     canine species, both male and female.

C) Exposed to rabies. An animal has been exposed to rabies if it has been bitten or scratched by any other animal known or reasonably suspected to be infected with rabies, or has bitten or scratched a human beings.

D) Owner. Any person, group of persons or corporations owning, keeping or harboring a dog or other domestic animal.

E) Restraint. An animal is under restraint if it is under the immediate and effective control of a responsible person; provided, however, that if such animal is not within an enclosed place or securely tied on either its owner’s premises or other premises with the consent of the owner of such premises, immediate and effective control shall be construed to mean that a responsible person must be in position to see and control the animal and to be seen by the animal, and both such person and the animal must be readily visible to any third person in the vicinity of either. 

Section 2. Enforcement; powers of Marshals or designated officers.

A) The provisions of this Ordinance shall be enforced by the Marshal’s Office of the Village of Oakview and any agent designated by the Marshal’s Office to serve under the Marshal as a humane officer.

B) For the purposes of discharging the duties imposed by this Ordinance and enforcing its provisions, any Marshal or his designated humane officer is empowered to enter upon any premises upon which an animal is kept or harbored and to demand exhibition of the license for such animal by the owner or keeper of the animal. Any Marshal or his designated humane officer may enter the premises where any animal is reportedly kept in an unlawful, cruel or inhumane manner and demand to examine such animal and to take possession and impound such animal, when, in their opinion, it is being kept in an unlawful or inhumane manner. Any Marshal or his designated humane officer may impound any animal found on the property of any person, in contravention of the provisions of this Ordinance, and if the Marshal or humane officer determine the animal to be an immediate threat to his or some other person’s safety, the Marshal or humane officer may destroy such animal at the time and place the Marshal or humane officer makes this determination.

Section 3. Licensing generally; transfer of ownership; collar and tag requirements.

A) No person shall own, keep or harbor any dog over the age of six months within the Village of Oakview unless such dog is licensed and properly immunized against rabies as provided herein.

1) Written application for a license shall be made to the Village Clerk, shall state the owner’s name, address, telephone number, and length of time residing in the Village and shall also state the dog’s name, breed, color, sex, age, weight and any distinguishing marks. Upon the filing of the written application, the Village Clerk shall issue a numbered metallic or plastic tag for each dog licensed, and shall maintain, for three years, two records of such receipts and tags, one alphabetically by name of the owner of the dog and the other arranged numerically by tag number. Such records shall be open to the public for inspection upon request to the Village Clerk.

2) No licenses shall be issued unless the owner submits a licensed veterinarian’s certification hat such dog has been immunized against rabies within the past three hundred sixty (360) days. The owner shall have such dog immunized at least every three hundred sixty-five (365) days and shall submit certification thereof to the Village Clerk. Failure to comply with this provision shall be cause for automatic refusal to issue or revocation of a license.

B) In the event a dog required to be licensed pursuant to this Ordinance is being treated by a licensed veterinarian and cannot be immunized against rabies, the owner of such dog may present a statement from such licensed veterinarian that the dog is then under treatment and cannot be immunized without jeopardizing such dog’s health and that such dog will be immunized by such veterinarian prior to be released from such treatment. On timely presentation of such statement to the Village Clerk, the time for application for a license shall be deferred until such dog has been immunized and the penalty set forth in subsection D) hereof shall not apply.

C) There shall be no fee for the issuance of any license issued hereunder.

D) All dog owners within the Village of Oakview shall make application for licenses hereunder within sixty (60) days of the effective date of this Ordinance or within sixty (60) days of the purchase of the dog or within sixty (60) days of moving into the Village with a dog, whichever is later. Failure to comply with this provision shall result in a penalty assessed at the rate of on dollar ($1.00) per month after the sixty (60) day period expires.

E) If ownership of a dog licensed by the Village is transferred within the Village, the new owner shall have the current license transferred to his name within thirty (30) days of the transfer of ownership. Failure to comply with this provision shall result in a penalty assessed against the new owner at the rate of one dollar ($1.00) per month after the thirty (30) day period expires.

F) The owner of a dog shall keep the tag issued by the Village attached to a collar or harness affixed to his dog at all times that his dog is not inside a private building.

G) No person shall use for any dog a license or certificate of immunization or certificate of exception from immunization not issued for that dog.

H) If a license tag issued hereunder is destroyed or lost, a duplicate tag shall be obtained from the Village Clerk within thirty (30) days after such loss or destruction is discovered by the keeper or owner.

Section 4. Restraint of animals and chickens. 

An animal or chicken owner or keeper shall keep his animal or chicken under restraint at all times.

Section 5. Impoundment and disposal. 

A) Any animal maintained or kept in violation of this Ordinance, including, but not limited to dogs not licensed pursuant to this Ordinance or found not under restraint or abandoned, may be seized and impounded by the Marshal of his designated humane officer. Upon receipt of a signed complaint by any person that a dog, cat or other animal is running at large and causing damage to persons or property or constitutes a public nuisance, any Marshal or his designated humane officer may take possession of and impound such animal. Impoundment shall be in any animal shelter designated by the Board of Trustees.

B) If an impounded animal wears a license tag or if the owner can be identified and located by reasonable means, the owner shall, within forty-eight (48) hours of impoundment, be notified that his animal has been impounded. 

C) If the owner of an impounded animal is notified that his animal has been impounded, he shall redeem it after paying all expenses incurred by the Village as a result of the impoundment, including any medical treatment rendered to the animal and any daily boarding charge. If the owner does not redeem the animal within four (4) days after receiving notice of impoundment or if the owner cannot be identified within four (4) days after impoundment, the animal may be disposed of by using an approved, humane method; provided, however, that the animal may be disposed of immediately, if in the opinion of the humane officer, it is suffering beyond recovery or in any way endangers the health of other impounded animals.

Section 6. Care of animals; barking, howling, etc, prohibited.

The owner of an animal shall provide it with humane shelter from weather elements and shall give it adequate food and water to keep the animal in good health and comfort. Shelter shall be soundly constructed, dry and provided with bedding as necessary. All dogs must be given opportunity for vigorous daily exercise and all animals must be provided by their owners with veterinary care when needed to prevent suffering. No owner shall permit an animal to habitually bark, howl or in other ways be a public nuisance.

Owners must pick up dog waste when walking on public or other private property.

Section 7. Confinement of female dogs in heat.

The owner of any female dog in heat shall confine such dog within a building in such a manner that the dog will not be accessible to or attract other dogs, except for planned breeding.

Section 8. Animals exposed to rabies to be confined, destroyed, etc.

A) Every animal exposed to rabies shall be immediately confined by the owners, who shall immediately notify a Marshal or his humane officer of the animal’s exposure. The owner shall immediately upon request surrender such animal to any Marshal or his designated humane officer for confinement in a licensed veterinary hospital of the owner’s choice, in the local vicinity of Oakview, Missouri, or surrender such animal for confinement in the Village animal shelter. The animal shall be confined for a minimum period of ten (10) days. All costs of confinement shall be paid by the owner.

B) No person shall kill a known or suspected rabid animal or an animal exposed to rabies, nor remove such an animal from the Village limits without permission of the Marshal, except when it is necessary to kill such animal to prevent its escape or attack of any person or animal.

C) The location of the remains of any dead animal known or suspected to have been exposed to rabies prior to death shall be reported to the Marshal and the remains shall be surrendered to the Marshal for laboratory examination.

D) Any animal that has been bitten or scratched by another animal that is known to be or suspected of being rabid shall be immediately confined in such place as may be directed by the Marshal, who shall have authority to promulgate rules and regulations concerning the confinement of such animals. If the animal that made the bite or scratch is determined to be rabid of evidences positive signs or rabies, such animal that was bitten or scratched will be kept in such confinement for a period of six (6) months or destroyed and its body surrendered to the Marshal or otherwise confined or disposed of as may be directed by the Marshal/

E) The Marshal shall have the authority to immediately destroy any animal which is determined to have bitten or scratched ha human if he determines that destruction of such animal is rabid, and the Marshal shall have the authority to promulgate rules and regulations concerning the handling and disposition of such animals.

Section 9. Exemptions of hospitals, nonresidents, etc. from certain provisions.

Hospitals, clinics and other facilities operated by veterinarians for the care and treatment of animals are exempt from Section 3 of this Ordinance. The licensing provisions of this Ordinance shall not apply to nonresidents of the Village unless they keep a dog within the Village for a period of thirty (30) days or more.

Section 10. Limitation on number of uncaged pet animals.

No owner or family, shall own, keep, or harbor more than three uncaged animals over the age of four months. For the purpose of this Ordinance, “uncaged animals” shall mean dogs, cats or other animals normally considered pets, which are not customarily kept within a cage or pen.

Section 11. Releasing or abandoning animals.

No person shall release or abandon any animal to run at large upon the streets, alleys or thoroughfares of the Village, or upon property owned or occupied by another person without the consent of the owner of or person occupying such property.

Section 12. Fencing

All fences constructed for the purpose of containing animals as provided herein shall be composed of either posts and rails, posts and palings, posts and wire, or posts and boards and shall be at least three and one-half feet (3-1/2’) in height. All posts shall be set firmly into the ground, not more than eight feet (8’) apart, with rails, palings, wire or boards securely fastened thereto and placed a proper distance apart so as to resist the animals the fence is meant to contain. Fences composed of woven wire, wire netting or wire mesh shall be of sufficient closeness of mesh density as to contain the intended animals. The erection of any fences, composed in whole or in part of barbed wire or which shall be electrified along or adjacent to any public street, avenue, alley, park, cemetery or other public place is prohibited.

Section 13. Keeping dangerous animals or reptiles.

Any person keeping an animal or reptile that is trained or inclined to attack humans or other animals is prohibited.

Section 14. Wild animals.

The owning, keeping or harboring of wild animals and fowl other than chickens is prohibited.

Section 15. The owning, keeping or harboring of any animals other than dogs within the village is hereby prohibited except as provided in this section.

The owning, keeping or harboring of dangerous animals other than dogs within the city is hereby prohibited except as provided within this section.

Within any residential area (for the purposes of this section here defined as any area not zoned for commercial, agricultural, or industrial purposes), the owning, keeping, or harboring of any poisonous animal, or any warm-blooded carnivorous or omnivorous animal, (including but not limited to farm animals, fowl, wolves and wolf hybrids, raccoons, skunks, foxes, leopards, panthers, tigers and lions, but excluding chickens, dogs, house cats, and small rodents of varieties used for laboratory purposes) or exotic animals, excepting miniature pigs, is hereby prohibited. Nonpoisonous snakes shall be kept in escape proof cages except when being handled. No snake shall be permitted by the owner, keeper, or handler to escape from a cage or while being handled.

No person owning, harboring, or having charge, custody, control or possession of any animal, shall allow such animal to remain within the city unless and until a permit to do so has been obtained and complies with all terms and conditions of such permit; and, in addition thereto, such animal shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered. Failure to obtain a permit when required after written notification by the humane officer or an authorized deputy shall be adequate grounds for said officer or deputy to impound said animal until a permit is obtained. If no permit is obtained within ten (10) days, said animal will be subject to a fine.

Section 16. Permits.

Application and fees for initial permit and annual renewal permit. An application for any permit required shall be made to the Village in writing and upon a form furnished by the Village. Said application shall be verified by the person who desires to have, keep, maintain or have in said person's possession or under said person's control in the city, the animal for which a permit is required and shall set forth the following:

(a) Name, address and telephone number of the applicant.

(b) The applicant's interest in such animal.

(c) The proposed location, and the name, address, and telephone number of the owner of such location, and of the lessee, if any.

(d) The number and general description of all animals including two (2) color photographs of each animal for which the permit is sought.

(e) Any information known to the applicant concerning vicious or dangerous.

(f) The housing arrangements for all such animals with particular details as to safety or structure, locks, fencing, etc.

(g) Safety precautions proposed to be taken.

(h) Noises or odors anticipated in the keeping of such animals.

(i) Prior history of incidents involving the public health or safety involving any of said animals.

(j) A statement, signed by the applicant, indemnifying the city and its agents and employees for any and all injuries that may result from said animal.

(k) Any additional information required by the humane officer at the time of filing such application or thereafter.

Section 17. Inspections for renewal

Prior to the annual renewal of any permit issued hereunder and at least once not more than six (6) months after the issuance of any such permit or after its renewal, the humane officer shall inspect the premises subject to such 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 the humane officer determines during any such inspection that any of the conditions therein specified are being violated, the humane officer shall recommend denial of a renewal of any such permit, or shall recommend revocation of such permit in the event that such violation is not corrected within the period of time as directed.

Section 18. Revocation of permit

The humane officer may, for good cause, revoke any permit or modify any terms or provisions thereof and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing, for a period not to exceed thirty (30) days. Failure to comply with any of the provisions of this chapter shall be sufficient grounds for revocation

Section 19 Chickens

1.Number and type of chickens allowed.

(a) The maximum number of chickens allowed is ten (10) per tract of land regardless of how many dwelling units are on the tract. (b) Only female chickens are allowed. There is no restriction on chicken species.

2. It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes.

3. Enclosures.

(a). Chickens must be kept in an enclosure or fenced area at all times.

(b) Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition at all times.

(c) Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.

(d) Henhouses and chicken tractors.

(1) 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 must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one-inch openings. b. The materials used in making a henhouse or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses and chicken tractors shall be well maintained.

(2) Henhouses, chicken tractors and chicken pens shall only be located to the rear of the dwelling or other main structure and may be located in the rear yard required by chapter 29.

(3) Henhouses, chicken tractors and chicken pens must be located at least twenty (20) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business. (e) Any enclosed chicken pen shall consist of sturdy wire or wooden fencing. The pen must be covered with wire, aviary netting, or solid roofing

4. Odor and noise.

(a) Odors from chickens, chicken manure or other chicken related substances shall not be perceptible at the property boundaries. (b) Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity.

5. Predators, rodents, insects and parasites

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 an animal control officer.

6. Feed and water.

Chickens shall be provided with access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds and predators.

7. Waste storage and removal.

The chicken owner must provide for the removal of chicken manure. All manure shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

8. Chickens at large.

No dog or cat which kills a chicken will, for that reason alone, be considered a dangerous or aggressive animal. Refer to this section part 3) a: Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.

9. Unlawful acts.

(a) It shall be unlawful for any person to keep chickens in violation of any provision of this article.

(b) It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on the property in violation of the provisions of this article.

10. Nuisances

Any violation of this article that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance?

Section 20. Penalties; continuing violations.

Any person found to be in violation of any section of this Ordinance shall be deemed guilty of a misdemeanor and be punished by a fine or not less than five ($5.00) nor more than one hundred dollars ($100.00) for each said violation. Each day a violation of this Ordinance continues in effect shall constitute a new and separate violation.

Read, Passed and adopted this ___ day of _____, 2020.

The Village of Oakview will hold an election on April 7, 2020.

The opening date for filing is December 17 at 10:00 AM. 

The offices to be filled are 2 positions on the Board of Trustees.

The proper place to file is at the Oakview City Hall, 6404 N Locust St. Oakview, MO 64118, 

10:00 am to 4:00 pm, Monday thru Thursday.

The closing date for filing is January 21, 2020.

Questions can be directed to the Village Clerk, 816 436-9150.

More information will be coming...