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City Amends Code to Change Fowl Definition
By: Gregg Jones, Union Missourian Editor
04/15/2009
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The city code that defines what types of birds are allowed within the city limits was amended Monday night to now allow a resident to construct a raptor house.



The Union Board of Aldermen unanimously voted in favor of the amendment to the ordinance once stated all birds are considered "farm animals" and not permitted in the city limits.

City Engineer Jonathan Zimmermann said Jeff Shelton, who has been a falconer for about 20 years, applied for a building permit to construct a raptor house to keep hawks or falcons.

Zimmermann told the board that he had to deny the request due to city ordinances that defines "fowl" as "any member of the avian species" including chickens, geese, ducks, pigeons and parakeets. br>
"We don't really have a good definition of what that should be," said Zimmermann.

In February, the city planning and zoning board instructed City Attorney Tim Melenbrink to amend the ordinance.

"The way it stands now (prior to amending the code), you can't have a parakeet (in the city limits)," said Melenbrink. "It included all avian species - all birds were part of farm animals. It was definitely a big oversight."

The city also amend its code pertaining to kennels that also included birdhouse so people "don't have too many" birds, said Zimmermann.

Melenbrink added that the while rewriting the code, he had to be sure that the codes didn't change to allow somebody to keep numerous birds. "We didn't want the pendulum to swing the other way and have bird sanctuaries," Melenbrink said.

"It just seemed like we needed to change that code," he added. "It is like the domino effect, we had to change several things so we didn't go from one extreme to the other."

Alderman Karen Erwin reminded the board that controversy arose two years ago when the city had to remove ducks from the city lake because city ordinance prohibited them.

In 2007 city officials received a complaint about chickens at a Union home. When the homeowner was ordered to remove the chickens, the homeowner questioned if the ducks at the city lake also were an ordinance violation. To comply with a city ordinance, the "domestic" ducks were removed from the lake and transported to the Longmeadow Rescue Ranch.

In February, Shelton explained to the planning and zoning board that falconry is a heavily regulated activity that includes extensive training and inspections by the Missouri Department of Conservation.

Shelton said the birds would not be flown in neighborhoods, but most likely on private property in the Chesterfield or St. Charles County areas. Shelton lives in Woodland Oaks subdivision.

City Administrator Russell Rost said the possible reason the ordinance was written to limit all avian species was to prohibit unsafe operations. Rost explained that poultry carry diseases and were banned from within the city limits for safety reasons.

Shelton added that falconry can help control bird populations. He said many airports, such as Chesterfield Airport, welcome falconers because low-cut grass attracts a variety of birds who can easily find prey.

Raptor type birds prey on the other birds which helps limit the populations of birds that may strike airplanes.


©Washington Missouri 2009

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