[Ord. No. 1439 §3, 6-15-2016]
B.
This Section shall not apply to:
1.
Animals being transported through the City;
2.
Veterinary facilities operated by a licensed veterinarian;
3.
Bona fide medical institutions or accredited educational institutions;
4.
Facilities licensed by the State of Kansas to impound, shelter,
or care for animals; or
5.
Law enforcement officers acting in their official capacity.
[Ord. No. 1439 §3, 6-15-2016]
A.
A person may own the following animals lawfully without first obtaining
an accessory animal permit:
3.
Rabbits, subject to the following limitations:
a.
No more than three (3) adults over the age of twelve (12) weeks
and fourteen (14) young under the age of twelve (12) weeks may be
kept.
b.
Rabbits may either be housed outdoors or in a fenced yard.
(1)
If housed outdoors, rabbits shall be housed in
hutches located in the rear yard of the property at least ten (10)
feet from the nearest property line.
(2)
Rabbits may be owned, with no distance requirements
from residences or other establishments, in any fenced yard that is
at least five hundred (500) square feet. Said fence shall be constructed
of small, mesh wire that the rabbit cannot escape through with the
perimeter of the fence buried along the bottom to prevent the rabbit
from burrowing out. Rabbit(s) fenced in a yard shall be provided with
adequate housing for protection from the weather.
4.
Domesticated rodents, ferrets, and hedgehogs;
5.
Birds;
6.
Nonvenomous lizards, arachnids, and snakes;
7.
Turtles;
8.
Amphibians;
9.
Fish; or
10.
Invertebrates.
[Ord. No. 1439 §3, 6-15-2016; Ord.
No. 1499, 6-19-2019]
A.
It shall be unlawful for a person or household to own more than a
combined total of four (4) domesticated dogs and domesticated cats
over six (6) months of age; provided, however, that in no event shall
the combination of domesticated dogs or domesticated cats exceed three
(3) domesticated dogs or three (3) domesticated cats.
C.
Exception. Domesticated dogs providing services for the disabled,
as defined in and governed under K.S.A. § 39-1101 et seq., shall
be exempt from restriction under this Section, and shall not be considered
when calculating the maximum lawful number of animals under this Section.
[Ord. No. 1439 §3, 6-15-2016; Ord.
No. 1499, 6-19-2019]
A.
A person may, upon first applying for and receiving an accessory
animal permit as provided in Section 210.10, own the following animals
(accessory animals) subject to the restrictions contained herein:
1.
Chickens. Any person keeping chickens shall comply with the
following:
a.
No more than six (6) adult chickens may be owned.
b.
Male chickens (roosters) shall not be owned.
c.
Chickens shall be kept in an adequate shelter, such as an aviary,
coop, run, or tractor. Such shelter shall be located in the rear yard
of the property at least ten (10) feet from the nearest property line.
2.
Bees. Any person keeping bees shall comply with the following:
a.
No more than two (2) hives shall be located on a single property.
b.
All hives shall be located in the rear yard of the property
at least ten (10) feet from the nearest property line.
c.
The rear yard shall be surrounded by an exterior fence at least
forty-two (42) inches in height. A flyway structure or barrier (such
as shrubbery or fencing) shall be provided if the exterior fence is
less than six (6) feet in height.
d.
The owner shall maintain and manage hives to minimize swarming
and prevent the creation of any public nuisance.
e.
A source of water shall be provided on the property at all times.
[Ord. No. 1439 §3, 6-15-2016; Ord.
No. 1499, 6-19-2019]
A.
Permit Required. It shall be unlawful for any person to own within the City any accessory animal requiring a permit as set forth in Section 210.100 without first applying to and receiving a permit from the City Clerk as hereinafter provided.
B.
Application. Any person desiring a new or renewal accessory animal
permit shall file an application with the City Clerk or his or her
designee on a form provided by the City and remit a fee established
by ordinance. The application shall identify the owner by name, address,
and telephone number, the classes of animal to be kept at the property,
and the location and shelter facilities for the subject animal(s)
so permitted.
C.
Requirements. At all times, applicants or permittees must comply
with all of the following to be eligible to hold an accessory animal
permit:
1.
The applicant or permittee must comply with the requirements
listed in this Chapter for the particular class of animal being kept.
2.
The applicant or permittee must successfully pass his or her
most recent inspection relating to adequate shelter, food, water,
yard condition, yard security, and animal health concerns, and compliance
with this Chapter. An on-site inspection shall be performed prior
to first issuance of an accessory animal permit, and from time-to-time
as described elsewhere in this Section.
3.
The applicant or permittee may not be the subject of more than
three (3) of the following, in any combination:
D.
Other Conditions Of Permit. Accessory animal permits issued shall
be valid from the date of issuance until the next succeeding March
1. Permits must be renewed annually. The fee for a permit shall not
be calculated pro rata or refunded after issuance. Permits issued
shall only be valid for the specific classes of animal, address, and
applicant listed on the application. A new permit and application
fee shall be required in the event that an applicant or permittee
moves to a new address or transfers the animal(s) listed in the permit
to a person not already possessing the appropriate permit.
E.
Inspection.
1.
An officer may perform an inspection of the property of an applicant
or permittee for any of the following reasons:
a.
The City Clerk or his or her designee requires an inspection
for first issuance of an accessory animal permit or as a condition
of renewal;
b.
The applicant or permittee has received a citation for violation
of any Section of this Chapter within the preceding twelve (12) months;
c.
The City has received a documented complaint from the owner,
lessee, or occupant of a contiguous property concerning the conditions
of the permit, including the animal(s) permitted or the manner in
which the animal(s) are kept;
d.
The officer has probable cause to believe a violation of this
Chapter exists.
2.
The inspection shall verify that the applicant or permittee
provides adequate shelter, food, water, yard condition, yard security,
and other necessary conditions to preserve the health of the animal,
and complies with the requirements of this Chapter. If any deficiency
of these conditions is found, the applicant or permittee must correct
such violation within such period of time as the officer shall direct.
F.
Denial, Revocation, Cancellation, Non-Renewal. The City Clerk or
his or her designee may deny, revoke, cancel, or refuse to renew an
accessory animal permit if, at any time, the applicant or permittee:
1.
Fails to comply with any requirement of this Section or the
requirements listed in this Chapter for the particular class of animal
being kept;
2.
Is the subject of an ongoing violation of this Chapter;
3.
Allows any animal he or she owns to habitually cause or to be a public nuisance as defined in Chapter 220;
4.
Refuses to allow an inspection of his or her property as elsewhere
authorized by this Chapter;
5.
Has provided false information in his or her permit application.
G.
Persons granted an accessory animal permit shall be subject to all
Code provisions relating to animals.
[Ord. No. 1439 §3, 6-15-2016]
A.
It shall be unlawful for any person to own any dog or cat over four
(4) months old unless such dog or cat is currently vaccinated against
rabies with a vaccine approved by the State of Kansas for use in the
prevention of rabies. Proof of valid rabies inoculation must be produced
upon request of an officer.
B.
Exception. The provisions of this Section shall
not apply if a licensed veterinarian recommends that a dog or cat
not be inoculated with a rabies vaccine. The owner of such animal
shall maintain a statement from a licensed veterinarian on official
letterhead specifying the reason that the animal should not be vaccinated,
and produce it upon request of an officer.
[Ord. No. 1439 §3, 6-15-2016]
A.
It shall be unlawful for any owner of an animal not to provide:
[Ord. No. 1439 §3, 6-15-2016]
A.
It shall be unlawful for the owner of any animal to cause or permit
such animal to perform, create or engage in any of the following activities:
1.
Runs at large or upon the private property of any other person
or firm than the owner;
2.
Molests or disturbs persons or vehicles by chasing, barking,
or biting, or otherwise interferes with their use of public property;
3.
Attacks other animals;
4.
Damages property other than that of the owner;
5.
Barks, whines, howls, brays, cries or makes other noise excessively
between the hours of 10:00 P.M. and 7:00 A.M., or at any time so as
to cause unreasonable annoyance, disturbance or discomfort to an individual
residing in a residence structure which is within one thousand (1,000)
yards of the property on which the animal is kept or harbored;
6.
Creates noxious or offensive odors;
7.
Defecates upon any public place or upon premises not owned or
controlled by the owner unless promptly removed by the owner;
8.
Creates an insect breeding and/or attraction site due to an
accumulation of excreta;
9.
Is in estrus (heat) and not securely confined and enclosed within
a building except when on the owner's premises briefly for toilet
purposes while under complete control of a responsible person;
10.
Is ridden on public property and obstructs or interferes with
vehicular or pedestrian traffic;
11.
Threatens or causes a condition which endangers public health;
or
12.
Impedes refuse collection by ripping any bag or tipping any
container of such.
B.
Any animal found acting in any way forbidden by this Section, in
the determination of an officer, shall hereby be declared a nuisance,
and its owner shall be subject to citation. Knowledge, intent or scienter
is not required for this offense.
[Ord. No. 1439 §3, 6-15-2016; Ord.
No. 1499, 6-19-2019]
A.
Prohibited. It shall be unlawful for any person to keep, possess
or harbor a vicious animal within the City. Impoundment of animals
whose owners have been cited for violation of this Section shall be
at the discretion of the Community Service Officer. If the animal
presents a clear and present danger to the public health or safety,
it shall be the duty of the Community Service Officer or his/her agent
to impound such animal.
B.
Defined. For purposes of this Chapter, a vicious animal shall include:
1.
Any animal with a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals;
2.
Any animal which attacks a human being or domestic animal without
provocation;
3.
Any animal owned or harbored primarily or in part for the purpose
of fighting or any animal trained for fighting;
4.
Any animal which is urged by its owner or harborer to attack
or whose owner or harborer threatens to provoke such animal to attack
any law enforcement officer while such officer is engaged in the performance
of official duty, attack any person or attack any animal;
5.
Any hybrid animal that is part wild;
6.
Any breed of animal, physically altered or unaltered, trained
or untrained, with or without external evidence of previous injury,
that will, unprovoked or upon any type of command, attack human beings,
other animals or damage property; or
7.
Any guard canine or security canine running at large.
C.
Complaint.
1.
Whenever a complaint is filed in the Municipal Court against
the owner of an animal alleging that such animal is vicious and in
violation of this Section, the Municipal Judge shall hold a hearing
to determine whether or not the animal is vicious within the meaning
of this Section and thereby in violation of this Section. The owner
of the animal shall be notified, in writing, of the time and place
of the hearing at least one (1) week prior to the hearing. In making
a determination, the Municipal Judge shall consider the following:
a.
The seriousness of the attack or bite;
b.
Past history of attacks or bites;
c.
Likelihood of attacks or bites in the future;
d.
The condition and circumstances under which the animal is kept
or confined;
e.
Other factors which may reasonably relate to the determination
of whether or not the animal is vicious.
2.
The Municipal Judge shall order the impoundment, the muzzling in accordance with Subsection (D) and/or the confinement of the animal accused of being in violation of this Section in a manner and location that will ensure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the Municipal Judge may order the animal immediately destroyed.
D.
Vicious Canines To Be Muzzled. It shall be the duty of every owner,
keeper or harborer of any canine in the City, which canine is vicious
or has been known to bite, chase or run after any person or animal
in the streets, alleys or any public place in the City, to keep the
same muzzled with a good and sufficient wire or leather muzzle securely
fastened so as to wholly prevent such canine from biting any animal
or person until such time as a determination has been made by the
court as to whether the canine is vicious or not. Any person owning,
keeping or harboring any canine within the City limits contrary to
this Section shall be guilty of a violation of this Code.
E.
Immediate Destruction. Nothing in this Chapter shall be construed
to prevent the Community Service Officer or any Law Enforcement Officer
from taking whatever action is reasonably necessary to protect himself/herself
or members of the public from injury or danger, including immediate
destruction of any vicious animal without notice to the owner.
F.
Release Of. If a complaint has been filed in the Municipal Court
against the owner of an impounded animal for a charge under this Section,
the animal shall not be released except on the order of the Municipal
Judge who may also direct the owner to pay all impounding fees in
addition to any penalties for violation of this Chapter. The Municipal
Judge may, upon making a finding that an animal is vicious or that
it represents a clear and present danger to the citizens or to other
animals in the community, order the animal to be destroyed in a humane
manner by the animal shelter. Surrender of an animal by the owner
thereof to the Community Service Officer does not relieve or render
the owner immune from the decision of the court nor to the fees and
fines which may result from a violation of this Section.
G.
Confinement; Destruction; Removal By Judge. The Municipal Court Judge
or Judge Pro Tern shall have the authority to order any animal deemed
to be dangerous or vicious to be confined, destroyed or permanently
removed from the corporate City limits.
[Ord. No. 1439 §3, 6-15-2016]
A.
It shall be unlawful for any person:
1.
To willfully or maliciously kill, maim, disfigure or torture,
strike, hit or beat with a stick, board, chain, club or other object;
mutilate, burn, or scald with any substance; or drive over any domestic
animal, or cruelly set an animal upon another animal, except that
reasonable force may be employed to drive off vicious or trespassing
animals; or
2.
By any means to make accessible to any animal, with the intent
to cause harm or death, any substance which has in any manner been
treated or prepared with harmful or poisonous substances; or
3.
To fail, refuse or neglect to provide any animal in his or her
charge or custody as owner or otherwise with proper food, drink, shade,
care, or shelter. Any animal kept outside shall be provided with a
structurally sound weatherproof enclosure, large enough to accommodate
the animal; or
4.
To drive or work any animal cruelly; or
5.
To abandon any animal within the City limits; or
6.
To cause, instigate, stage, or train any animal to fight or
permit any fight between any animal and another animal or human; or
7.
Except a licensed veterinarian, to crop animal ears or dock
animal tails; or
8.
To give away any live animal, fish, reptile, or bird as a prize
for, or as an inducement to enter a place of amusement; or offer such
animal as an incentive to enter into any business agreement whereby
the offer was for the purpose of attracting trade; or
9.
To leave any animal confined in a vehicle for more than five
(5) minutes in extreme weather conditions, defined as less than thirty
degrees Fahrenheit (30° F.) or more than eighty degrees Fahrenheit
(80° F.).
B.
Any person who, as the operator of a motor vehicle, strikes a domestic
animal shall stop at once and render such assistance as may be possible
and shall immediately report such injury or death to the animal's
owner; in the event the owner cannot be ascertained and located, such
operator shall at once report the accident to the appropriate law
enforcement agency.
C.
Exceptions. Nothing in Subsection A of this Section shall:
1.
Be deemed to prohibit any action by a licensed veterinarian
done in accordance with accepted standards of veterinary medicine,
or any action taken by a law enforcement officer pursuant to the interests
of public health and safety.
2.
Be deemed to prohibit any act done in self-defense or done to
defend another person.
3.
Be deemed to prohibit the use of poisonous substances for the
control of vermin of significance to the public health.
[Ord. No. 1439 §3, 6-15-2016; Ord.
No. 1538, 10-20-2021]
A.
It shall be unlawful for any person to use, place, set out, or deploy
any animal trap aboveground which makes use of a spring gun, spring
jaws, clamping device(s), cutting or stabbing mechanism, or any other
device that will damage or severely injure any animal when caught
or trapped by the device or trap.
B.
Exceptions.
1.
This Section shall not prohibit the use of mouse/rat traps.
2.
This Section does not apply to the use of cage -type live traps
employed for the control of wild or non-domesticated animals.
3.
This Section does not apply to actions taken by a Law Enforcement
Officer, Animal Control Officer, community service officer, or contractor
hired by the City pursuant to the interest of public health and safety.
[Ord. No. 1439 §3, 6-15-2016]
A.
It shall be unlawful for any person to do any of the following actions
to any newly hatched fowl or any newly born rabbit under the age of
three (3) months:
B.
Exception. The provisions of this Section relating
to the sale of certain animals shall not apply to a regular licensed
pet dealer who is licensed by the Kansas Department of Agriculture
or any Federal licensing or regulating authority.
[Ord. No. 1439 §3, 6-15-2016]
Any person violating any provisions of this Chapter shall, upon
conviction thereof, be punished by a fine of not more than five hundred
dollars ($500.00) or be imprisoned not to exceed thirty (30) days,
or be both so fined and imprisoned. Each consecutive day's violation
shall constitute a separate punishable offense.
