City of Bellefontaine Neighbors v. James Carroll ( 2020 )

In the Missouri Court of Appeals
Eastern District
DIVISION TWO
CITY OF BELLEFONTAINE NEIGHBORS, ) No. ED107710
)
Respondent, ) Appeal from the Circuit Court of
) St. Louis County
vs. )
) Honorable Robert M. Heggie
JAMES CARROLL, )
)
Appellant. ) Filed: January 14, 2020
Introduction
James Carroll (“Appellant”) appeals from the trial court’s judgment finding he violated
section 302.4.31 of the City of Bellefontaine Neighbors’ (“City”) Property Maintenance Code by
allowing bare dirt in his rear yard and section 29-29(b)(5)2 of the Zoning Ordinance by having
chickens and poultry on his property closer than 150 feet from his lot line. The trial court
imposed a fine of $250.
Appellant brings five points on appeal. In his first point on appeal, Appellant argues the
trial court erred in finding him guilty of violating section 302.4.3 of the Property Maintenance
Code and section 29-29(b)(5) of the Zoning Ordinance because the information and violation
notices were facially insufficient so Appellant “c[ould not] understand how he [wa]s violating
1
All references to section 302.4.3 are to the CITY OF BELLEFONTAINE NEIGHBORS PROPERTY MAINTENANCE CODE
§ 302.4.3 (2012).
2
All references to section 29-29(b)(5) are to the CITY OF BELLEFONTAINE NEIGHBORS ZONING ORDINANCE
§ 29-29(b)(5) (1992).
the ordinances in order to prepare a defense.” Appellant’s remaining arguments assert the trial
court erred in finding him guilty of violating section 29-29(b)(5) of the Zoning Ordinance. In his
second point on appeal, Appellant argues the information charged him with violating the
incorrect Zoning Ordinance. In his third point on appeal, Appellant argues the Building
Inspector had no authority under section 29-118(a)3 of the Zoning Ordinance to enforce
violations. In his fourth point on appeal, Appellant argues section 89.020.14 of the Zoning
Enabling Act does not give the City “the police power to regulate enclosures or shelters” and the
City acted outside the scope of its authority by enacting section 29-29(b)(5). Finally, Appellant
argues section 29-29(b)(5) is “not in harmony” with Chapter 4 of the City’s ordinances and “no
reasonable person would consult the Zoning [Ordinance] when purchasing animals (e.g.,
chickens).” Each of Appellant’s five points on appeal are denied. The trial court’s judgment
finding Appellant guilty of violating section 29-29(b)(5) of the Zoning Ordinance is affirmed.
However, the trial court’s judgment finding Appellant guilty of violating section 302.4.3 of the
Property Maintenance Code after the City abandoned that charge at trial is reversed, and we
amend the trial court’s judgment accordingly.
Factual and Procedural Background
Appellant resides in the City on Ashbrook Drive. Appellant’s residence is in the R-3
zoning district, and the dimensions of his lot are 85 x 104 feet. In early 2018, Appellant
allegedly allowed chicken and poultry to roam free on his fenced-in rear yard, which was not
cultivated in grass. Section 29-29(b)(5) of the Zoning Ordinance provides “any structure,
enclosure or shelter for poultry or livestock shall be located at least one hundred fifty (150) feet
3
All references to section 29-118(a) are to the CITY OF BELLEFONTAINE NEIGHBORS ZONING ORDINANCE
§ 29-118(a) (2010).
4
All references to section 89.020.1 are to § 89.020.1 RSMo (2014).
2
from all lot lines.” Section 302.4.3 of the Property Maintenance Code provides “[a]ll bare
ground areas of residential lots with dwellings shall be cultivated with grass lawns.”
On May 22, 2018, Appellant received a violation notice from the City’s Building
Inspector, stating that, “by allowing chickens/poultry to be on [his] property, [he was] not in
compliance with the City of Bellefontaine Neighbors’ Ordinance 29-29(b)(5).” The violation
notice stated the dimensions of his residence “would not allow [him] to comply with [section 29-
29(b)(5)’s] requirement.” The violation notice also requested Appellant “provide a grass lawn at
the rear yard,” as “[g]round cover is required at all bare ground areas.” The violation notice
requested he correct his violations by June 5, 2018. Appellant made no corrections.
On June 7, 2018, Appellant received a second violation notice from the City’s
Building Inspector, again stating he did not comply with section 29-29(b)(5) of the Zoning
Ordinance and requesting he provide a grass lawn at the rear yard. The violation notice
requested he correct his violations by June 21, 2018, and provided, if no corrections were made,
he would be issued a court summons. Appellant made no corrections. On July 14, 2018, the
City charged Appellant by information, alleging Appellant violated section 302.4.3 of the
Property Maintenance Code by allowing bare dirt in his rear yard and section 29-29 of the
Zoning Ordinance by having chickens and poultry on his property closer than 150 feet from his
lot line.
On August 8, 2018, Appellant appeared for a hearing at the City’s municipal court. At
the hearing, Appellant requested the case be heard in the Twenty-First Circuit Court. On August
28, 2018, Appellant’s case was certified to the Twenty-First Circuit Court. On September 17,
2018, Appellant moved to dismiss the information. He argued dismissal was proper because the
information and violation notices were facially insufficient. On September 21, 2018, Appellant
3
again moved to dismiss the information, arguing dismissal was proper because the information
charged him with violating the incorrect Zoning Ordinance. A bench trial was held on
November 20, 2018. The City appeared by the City Prosecuting Attorney. Appellant waived his
right to counsel and represented himself. The trial court heard arguments on Appellant’s
motions to dismiss and took the motions with the case. The City presented testimony from the
Building Inspector and Appellant’s neighbor. Appellant testified in his own defense. The City
abandoned its charge alleging Appellant violated section 302.4.3 of the Property Maintenance
Code at trial.
On January 22, 2019, the trial court entered its order and judgment, denying Appellant’s
motions to dismiss and finding Appellant guilty, beyond a reasonable doubt, of violating section
302.4.3 of the Property Maintenance Code by allowing bare dirt in his rear yard and section 29-
29 of the Zoning Ordinance by having chickens and poultry on his property closer than 150 feet
from his lot line. On March 8, 2019, Appellant was sentenced and fined $250.
Appellant now appeals.
Rule 84.04
Appellant’s brief violates Rule 84.04(e)5 because it fails to set forth the standard of
review. Rule 84.04(e) requires the appellant’s argument to “include a concise statement of the
applicable standard of review for each claim of error.” Rule 84.04(e). “Pro se appellants are
held to the same standards as attorneys regarding the mandatory appellate briefing rules of Rule
84.04.” Scott v. Potter Elec. Signal Co., 310 S.W.3d 311, 312 (Mo. App. E.D. 2010) (footnote
omitted). Noncompliance with Rule 84.04(e) justifies dismissal, as “it is not our duty to
supplement the deficient brief with our own research.” Anglin Family Invs. v. Hobbs, 375
S.W.3d 244, 250 (Mo. App. S.D. 2012) (internal quotation and citation omitted). However, our
5
All rule references are to the Missouri Supreme Court Rules (2018) unless otherwise indicated.
4
preference is to reach the merits of every appeal, “provided we can ascertain the gist of an
appellant’s arguments, notwithstanding minor shortcomings in briefing.” Unifund CCR Partners
v. Myers, 563 S.W.3d 740, 743 (Mo. App. E.D. 2018) (citing Comp & Soft, Inc. v. AT&T Corp.,
252 S.W.3d 189, 193-94 (Mo. App. E.D. 2008)). Because Appellant’s omission of the standard
of review governing his claim “does not impede review or require us to act as [his] advocate,”
we will address his claims ex gratia. Hobbs, 375 S.W.3d at 252.
Standard of Review
“In Missouri, violations of municipal ordinances are civil matters but, because of the
quasi-criminal nature of an ordinance, are subject to the criminal standard of proof beyond a
reasonable doubt.” City of Dexter v. McClain, 345 S.W.3d 883, 885 (Mo. App. S.D. 2011)
(citing City of Strafford v. Croxdale, 272 S.W.3d 401, 404 (Mo. App. S.D. 2008)). “We review
the trial court’s decision in a court-tried, civil matter (including violations of municipal
ordinances) under the standard set forth in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976).”
Id. (footnote omitted). “Under the Murphy standard, we must affirm the trial court’s decision
unless there is no substantial evidence to support it, it is against the weight of the evidence, or it
erroneously declares or applies the law.” Id. (citing Murphy, 536 S.W.2d at 32). “When
reviewing a court-tried case, we view all evidence and inferences in the light most favorable to
the judgment and disregard all contrary evidence and inferences.” Houston v. Crider, 317
S.W.3d 178, 186 (Mo. App. S.D. 2010) (internal quotation and citation omitted). We review the
trial court’s interpretation of a city ordinance de novo. City of Creve Coeur v. Nottebrok, 356
S.W.3d 252, 257 (Mo. App. E.D. 2011), overruled on other grounds by Edwards v. City of
Ellisville, 426 S.W.3d 644 (Mo. App. E.D. 2013).
5
Discussion
Mistake in the Trial Court’s Judgment
The trial court’s order and judgment found Appellant guilty of violating section 302.4.3
of the Property Maintenance Code by allowing bare dirt in his rear yard despite the City’s
abandonment of that charge during trial. Although not raised by Appellant in his brief, this
finding in the trial court’s order and judgment is error. Rule 84.14 allows us to “give such
judgment as the court ought to give” and finally dispose of the case. Rule 84.14; Mitalovich v.
Toomey, 206 S.W.3d 361, 365 (Mo. App. E.D. 2006). “[W]e can enter judgment that should
have been entered by the trial court instead of remanding the cause for correction . . . . where the
evidence in the record before us assures us that the conclusion reached is reasonable, fair, and
accurate” and where the circumstances indicate there is no need for further proceedings in the
trial court. Mitalovich, 206 S.W.3d at 365 (citing Malawey v. Malawey, 137 S.W.3d 518, 525
(Mo. App. E.D. 2004); Taylor v. State Farm Mut. Auto. Ins. Co., 368 S.W.3d 174, 182 (Mo.
App. W.D. 2012).
Here, the record evidences the judgment actually rendered differs from the judgment
entered. At the conclusion of the City’s closing argument, the trial court asked the City: “Is the –
the first charge here, it looks like a violation regarding bare ground in residential lots. Is the City
abandoning that[?]” The City responded, “Yes it is.” The trial court’s sentencing memorandum
imposed a $250 fine on Appellant as to “Count I” and did not mention any second count. At oral
argument, Appellant conceded the $250 fine was imposed for his violation of section 29-29(b)(5)
of the Zoning Ordinance. To the extent the judgment improperly finds Appellant guilty of
violating section 302.4.3 of the Property Maintenance Code, we reverse and amend the judgment
of the trial court. To the extent Appellant’s first point relied on asserts the trial court erred in
6
finding him guilty of violating section 302.4.3 of the Property Maintenance Code, we do not
address his claim.
Point I
In his first point on appeal, Appellant argues the trial court erred in finding him guilty of
violating section 29-29(b)(5) of the Zoning Ordinance because the information and supporting
violation notices were facially insufficient so Appellant “c[ould not] understand how he [wa]s
violating the ordinances in order to prepare a defense.” Specifically, Appellant argues the
information did not conform to Rule 37.34 and Rule 37.35(b) because it:
1) did not state the essential facts constituting the ordinance violation charged;
2) did not state the date and place of the ordinance violation charged definitively;
3) did not cite the chapter and section of the ordinance alleged to have been violated and the
chapter and section providing the penalty or punishment; and
4) was not “supported by a violation notice as prescribed by Rule 37.33,” as the violation
notices he received were deficient.
See Rule 37.34; Rule 37.35(b). Appellant claims the violation notices did not conform to Rule
37.33(a) because they:
1) did not state the date and place of the ordinance violation definitely;
2) did not state the facts that support a finding of probable cause to believe the ordinance
violation was committed and that he committed it;
3) did not state the facts contained in the violation notices were true;
4) did not cite the chapter and section of the ordinance alleged to have been violated and the
chapter and section that fixes the penalty or punishment;
5) did not state other legal penalties prescribed by law may be imposed for failure to appear
and dispose of the violation; and
6) were not signed on a form bearing notice that false statements made therein are
punishable by law.
7
See Rule 37.33(a). Appellant contends, because of these insufficiencies, he “[c]ould not
understand how he [wa]s violating the ordinances in order to prepare a defense.” He argues
these insufficiencies should have precluded the trial court from finding him guilty of the charge.
We disagree.
Rule 37.34 requires all municipal ordinance violations be prosecuted by information and
the information must be supported by a violation notice or statement of probable cause. Rule
37.34. Rule 37.35 sets forth the requirements for a sufficient charging information. To be
sufficient, an information must be “in writing, signed by the prosecutor and filed in the court
having jurisdiction of the ordinance violation.” Rule 37.35(a). In addition, the information
must:
1) state the name of the defendant;
2) state plainly, concisely, and definitely the essential facts constituting the ordinance
violation charged;
3) state the date and place of the ordinance violation charged as definitively as can be done;
4) cite the chapter and section of the ordinance alleged to have been violated and the chapter
and section providing the penalty or punishment; and
5) cite the state approved charge code if one exists.
Rule 37.35(b). Although the requirements in Rule 37.34 and 37.35 are mandatory, “[a]n
information shall not be invalid, nor shall the trial, judgment, or other proceedings on the
information be stayed, because of any defect that does not prejudice the substantial rights of the
defendant.” Rule 37.41.
The information contains most of the required contents Appellant alleges it lacks. The
information states plainly, concisely, and definitely the essential facts constituting the Zoning
8
Ordinance violation charged. The information states Appellant has “Chickens and Poultry on
[his] property,” despite section 29-29(b)(5)’s requirement that enclosures or shelters for poultry
must be at least 150 feet from all property lines. The information states the date and place of the
ordinance violation definitively. The information provides the ordinance violation occurred “on
or about 7-10-18 within the corporate limits of the City.” Appellant argues the City “is 4.409
square miles, [therefore,] the location of the allege[d] zoning ordinance is not definitely
described.” But the information includes Appellant’s address on Ashbrook Drive and refers to
the violations as occurring on “[Appellant’s] property.” This description is sufficient. The
information also cites the chapter and section of the alleged violation. It states Appellant
violated “Section 29-29 R-1 single family dwelling district regulations.”
Likewise, Appellant’s violation notices contain most of the required contents Appellant
alleges they lack. The violation notices state are dated (May 22, 2018, and June 7, 2018) and
identify the location of the alleged violation as “on [Appellant’s] property,” listing his address on
Ashbrook Drive. The violation notices state facts that support a finding of probable cause to
believe he violated section 29-29(b)(5) of the Zoning Ordinance. The violation notices inform
Appellant he has “Chickens and Poultry on [his] property,” despite section 29-29(b)(5)’s
requirement that enclosures or shelters for poultry must be at least 150 feet from all property
lines. The violation notices cite the chapter and section of the alleged violation. They state
Appellant violated “City of Bellefontaine Neighbors’ Ordinance 29-29(b)(5).” The violation
notices state what will happen if he fails to dispose of the violation. The May 22, 2018 violation
notice requests Appellant correct the violation by June 5, 2018, and the June 7, 2018 violation
notice requests Appellant correct the violation by June 21, 2018, or a court summons will be
issued.
9
We agree the information and violation notices should have stated the chapter and section
providing the penalty or punishment for his violation. Rule 37.35(b)(4); Rule 37.33(a)(9). We
also agree the violation notices should have stated the facts in the violation notices were true and
been signed on a form bearing notice that false statements made therein are punishable by law.
Rule 37.33(a)(7)-(8). However, we do not find these omissions to be reversible error because we
cannot discern Appellant suffered any prejudice. See Rule 37.41.
The information and violation notices were clear enough to lead Appellant to find the
chapter and section providing the penalty or punishment for violating section 29-29(b)(5) of the
Zoning Ordinance, as Appellant introduced section 29-118, which is the chapter and section that
provides the penalty and punishment for violating the Zoning Ordinance, into evidence at his
trial. We are not persuaded Appellant could not understand from the information and violation
notices the nature of the charge against him so he could not prepare a defense. Therefore, we
find Appellant suffered no prejudice by any defects in the information or the violation notices.
St. Louis County v. Heiman, 441 S.W.3d 160, 163 (Mo. App. E.D. 2014); City of Hurdland v.
Morrow, 861 S.W.2d 585, 587 (Mo. App. W.D. 1993).
Point I is denied.
Point II
In his second point on appeal, Appellant argues the trial court erred in finding him guilty
of violating section 29-29(b)(5) of the Zoning Ordinance because the information charged him
with violating the incorrect Zoning Ordinance. He argues he should have been charged with
violating section 29-40(b)(1),6 which applies to property in the R-3 zoning district, rather than
section 29-29(b)(5), which applies to property in the R-1 zoning district. He argues the trial
6
All references to section 29-40(b)(1) are to the CITY OF BELLEFONTAINE NEIGHBORS ZONING ORDINANCE
§ 29-40(b)(1) (1960).
10
court erred by finding him guilty of section 29-29(b)(5) because section 29-29(b)(5) could not
apply to him. We disagree.
An information is sufficient if it “it contains all essential elements of the offense and
clearly apprises the defendant of the facts constituting the offense.” Smith v. Rosa, 73 S.W.3d
862, 866 (Mo. App. W.D. 2002) (internal quotation and citation omitted). However, an
“information for a municipal ordinance violation does not require the same strictness as an
information in a criminal prosecution.” Heiman, 441 S.W.3d at 163 (citing City of Joplin v.
Klein, 345 S.W.3d 351, 355 (Mo. App. S.D. 2011)). “An . . . information is not necessarily
insufficient for citing an incorrect statute” or ordinance. State v. Cusumano, 819 S.W.2d 59, 61
(Mo. App. E.D. 1991) (citing State v. Parker, 792 S.W.2d 43, 44 (Mo. App. E.D. 1990)).
It cannot reasonably be said that Appellant did not know the nature of the charge against
him because the test of sufficiency was met. Although Appellant’s property is in an R-3 zoning
district, section 29-40(b)(1) of the Zoning Ordinance states the permitted uses for all property in
an R-3 zoning district include “[a]ny use permitted in the R-1 single-family dwelling district.”
Had the City charged Appellant with violating section 29-40(b)(1), he would have had to cross-
reference section 29-29(b)(5) to discern what permitted use he allegedly violated. We find no
evidence the defect misled, confused, or inhibited Appellant in presenting his defense. The
information set forth the elements of the offense and adequately apprised Appellant of the charge
against him.
Point II is denied.
Point III
In his third point on appeal, Appellant argues the trial court erred in finding him guilty of
violating section 29-29(b)(5) of the Zoning Ordinance because the Building Inspector had no
11
authority under section 29-118(a) of the Zoning Ordinance to enforce violations. Instead,
Appellant argues section 29-118(a) provides “[i]t shall be the duty of the [C]ity [E]ngineer, with
the aid of the City Marshal, to enforce [the Zoning Ordinance] in accordance with the
administrative provisions of the building code and of . . . [C]hapter [29].” Appellant argues that,
because the Building Inspector was without authority to send the violation notices supporting the
information charging him with violating section 29-29(b)(5) of the Zoning Ordinance, the trial
court erred in finding him guilty of violating section 29-29(b)(5) of the Zoning Ordinance. We
disagree.
Appellant’s argument asks us to read section 29-118(a) literally. However, Appellant’s
argument ignores that section 29-118(a) allows the City Engineer to enforce the Zoning
Ordinance “in accordance with the administrative provisions of the building code.” Chapter 5 of
the City’s ordinances (the “Building Code”) describes the regulation of buildings. Section 5-37
of the Building Code establishes the position of the Building Inspector. In establishing the
position of Building Inspector, section 5-3 cross-references section 2-131 et seq.,8 which
establishes the office of the City Engineer. It is clear from the Building Code the Building
Inspector position was created to assist the City Engineer in carrying out his or her duties.
Therefore, the Building Inspector had authority under section 29-118 of the Zoning Ordinance to
enforce violations.
Point III is denied.
Point IV
In his fourth point on appeal, Appellant argues the trial court erred in finding him guilty
of violating section 29-29(b)(5) of the Zoning Ordinance because section 89.020.1 of the Zoning
7
All references to section 5-3 are to the CITY OF BELLEFONTAINE NEIGHBORS BUILDING ORDINANCE § 5-3 (1984).
8
All references to section 2-131 et seq. are to the CITY OF BELLEFONTAINE NEIGHBORS ADMINISTRATIVE
ORDINANCE § 2-131 et seq. (1964).
12
Enabling Act does not give the City “the police power to regulate enclosures or shelters.”
According to Appellant, because section 89.020.1 does not specifically grant the City authority
to regulate “enclosures” or “shelters,” the City acted outside the scope of its authority by
enacting section 29-29(b)(5) and, by extension, section 29-40(b)(1). Therefore, in Appellant’s
view, the trial court erred in finding him guilty of violating an invalid ordinance. We disagree.
“The powers of municipal bodies to regulate land use are derived from the state police
power as that power is delegated through enactment of statutes.” McCarty v. City of Kan. City,
671 S.W.2d 790, 793 (Mo. App. W.D. 1984) (citing State ex rel. Ellis v. Liddle, 520 S.W.2d 644,
646 (Mo. App. 1975)). As such, “[m]unicipal zoning ordinances must conform to the terms of
the delegation from the state.” State ex rel. Klawuhn v. Bd. of Zoning Adjustment of City of St.
Joseph, Mo., 952 S.W.2d 725, 728 (Mo. App. W.D. 1997) (citing McCarty, 671 S.W.2d at 793).
“Missouri’s Zoning Enabling Act, sections 89.010 through 89.140, is the sole source of power
and measure of authority for a city, town, or village in zoning matters.” Moore v. City of
Parkville, 156 S.W.3d 384, 387 (Mo. App. W.D. 2005) (citing City of Louisiana v. Branham,
969 S.W.2d 332, 336 (Mo. App. E.D. 1998)). We presume zoning ordinances are valid and the
burden is on the party challenging the ordinance to establish the ordinance is unreasonable.
Rhein v. City of Frontenac, 809 S.W.2d 107, 110 (Mo. App. E.D .1991) (internal citations
omitted).
Section 89.020.1 of the Zoning Enabling Act provides:
For the purpose of promoting health, safety, morals or the general welfare of the
community, the legislative body of all cities, towns, and villages is hereby
empowered to regulate and restrict the height, number of stories, and size of
buildings and other structures, the percentage of lot that may be occupied, the size
of yards, courts, and other open spaces, the density of population, the preservation
of features of historical significance, and the location and use of buildings,
structures and land for trade, industry, residence or other purposes.
13
§ 89.020.1.
We find the City legitimately exercised its police power and did not act outside the scope
of its authority in enacting section 29-29(b)(5) and, by extension, section 29-40(b)(1). Section
29-29(b)(5) regulates the use of structures and land for residential purposes. Section 29-29(b)(5)
specifically provides farms are a permitted use of land, “provided that any structure, enclosure
or shelter for poultry or livestock shall be located at least one hundred fifty (150) feet from all lot
lines.” (emphasis added). “Enclosures” and “shelters,” including fences, are structures.9
Therefore, the City conformed to the terms of the delegation from section 89.020.1 in enacting
section 29-29(b)(5) and, by extension, section 29-40(b)(1). Appellant has failed to prove
otherwise.
Point IV is denied.
Point V
In his fifth point on appeal, Appellant argues the trial court erred in finding him guilty of
violating section 29-29(b)(5) of the Zoning Ordinance because section 29-29(b)(5), and section
29-40(b)(1) by extension, is “not in harmony” with Chapter 4 of the City’s ordinances, which
describes the regulation of animals and fowl. He argues Chapter 4 does not prohibit a person
from keeping chickens and poultry on his or her property while Chapter 29 does. He further
argues “no reasonable person would consult the Zoning Code when purchasing animals (e.g.,
chickens).” We disagree.
Appellant’s argument that “no reasonable person would consult the Zoning Code when
purchasing animals (e.g., chickens)” is irrelevant. “[E]very inhabitant of a town is presumed to
know its ordinances.” State v. Furne, 642 S.W.2d 614, 616 n.3 (Mo. banc 1982) (internal
9
Merriam-Webster’s Online Dictionary defines “structure” as “something . . . that is constructed” and “something
arranged in a definite pattern of organization.” Structure, Merriam-Webster’s Online Dictionary,
https://www.merriam-webster.com/dictionary/structure#examples (last visited 1/08/2020).
14
quotations omitted). See also Shirley v. Kan. City Southern Ry. Co., 298 S.W. 125, 130 (Mo.
App. 1927) (internal quotations and citations omitted) (“Inhabitants of a city are presumed to
know the ordinances of that city.”). “[I]gnorance of the law . . . is no excuse for violating the
law.” State v. Graham, 549 S.W.3d 533, 537 (Mo. App. W.D. 2018) (citing Reeder v. Bd. of
Police Comm’rs of Kan. City, Mo., 800 S.W.2d 5, 6 (Mo. App. W.D. 1990)). Further, sections
29-29(b)(5) and 29-40(b)(1) are not inharmonious with Chapter 4 of the City’s ordinances.
Neither Chapter 4 nor Chapter 29 of the City’s ordinances prohibit a person from keeping
chickens and poultry on his or her property. Chapter 29 simply restricts how chickens and
poultry may be enclosed on a person’s property (i.e., no closer than 150 feet from all lot lines).
Contrary to Appellant’s argument, Chapter 29 of the City’s ordinances complements, rather than
contradicts, Chapter 4 of the City’s ordinances. The trial court correctly interpreted the City’s
ordinances in this regard.
Point V is denied.
Conclusion
The trial court’s judgment finding Appellant guilty of violating section 29-29(b)(5) of the
Zoning Ordinance is affirmed. The trial court’s judgment finding Appellant guilty of violating
section 302.4.3 of the Property Maintenance Code after the City abandoned that charge at trial is
reversed, and we amend the trial court’s judgment accordingly.
_______________________________
Philip M. Hess, Presiding Judge
Kurt S. Odenwald, J. and
Lisa P. Page, J. concur.
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