Truesdale ordinance 1045 regulates the ownership of livestock within the city limits and city officials expect the ordinance to stand for the time being despite potential conflicts with SB 985 prohibiting regulations on chicken ownership. 

Passed earlier this year, SB 985 took effect yesterday, on Aug. 28, and stipulates that homeowners association bylaws and land covenants can no longer prohibit residential chicken ownership in Missouri, among other changes. 

Sponsored by State Sen. Nick Schroer, the bill states “ no deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting ownership or pasturing of up to 6 chickens on a lot that is 2/10ths of an acre or larger, including prohibitions against a single chicken coop designed to accommodate up to 6 chickens.”

The Truesdale Board of Aldermen took time to discuss the bill because while the city’s ordinance is not technically in conflict with the law, they expect there to be challenges. 

“I think you’re fine right now,” said City Attorney Amber Bargen. “I also think that this could easily be the slippery slope of the next thing being municipalities can’t do this either.”

Truesdale’s ordinance states that homeowners purchase a chicken permit for non-commercial use in very specific cases. 

Homeowners may have, at most, six hens and they must be contained within the property and held in an acceptable coop that is required to be located in the backyard or rear of the property. 

A chicken coop also cannot be within 30 feet of another homeowner’s chickens, 100 feet from another residence, and 25 feet from any property line. 

“Our (ordinance) pretty much restricts our subdivisions from having them,” said Alderman Justin Naranjo. 

There are very few lots in Truesdale that are large enough, and far enough from neighboring homes, to accommodate the regulations. 

SB 985 does allow for restrictions on roosters, and Truesdale’s ordinance does prohibit their ownership within city limits. 

It is Bargen’s opinion that while the law applies to HOAs and land covenants, Truesdale’s ordinance could stand, although she did expect there would be legislation expanding those prohibitions to municipal ordinances as well in the near future. 

For the time being, city officials have been instructed to explain that while non-commercial chicken ownership is legal, homeowners must still act within the constraints of Truesdale’s laws and if their property is not correctly equipped to meet the stipulations of Ordinance 1045 they are still prohibited from owning chickens. 

There is however, one line item that board members agreed should be amended, if not removed. 

Under Ordinance 1045, residents applying for chicken permits must follow all relevant land covenants, which the board felt may run afoul of SB 985. 

Since the law does not go into effect until Aug. 28, the board decided to table the matter until their meeting later this month, when they plan to amend the ordinance. 

“It doesn’t overrule local ordinance, so I think we can still continue to do what you’ve always done and just know that with this out there the next step could be that they come for the city ordinance,” said Bargen. 

Naranjo felt that that change would be coming because of the rising popularity in chicken ownership and the restrictive nature of the ordinance. 

“Our chicken ordinance is fairly limiting so we’re gonna hear more about this, because people want them,” said Naranjo.