For purposes of this Article, the following words shall be defined as follows:
(a) Adequate Food And Drink. Necessary food by veterinary standards, and water that is reasonably clean, clear and free of dirt and algae, with both such food and drink to be available to the animal in adequate supply to maintain the animal for a 24-hour period.
(b) Adequate Shelter (for cats and dogs). An enclosure to which an animal has ready access and which is adequate to provide an animal with protection from the elements in reasonable comfort, which at a minimum has a water-tight roof, enclosing water-tight walls, a solid floor that is at least two inches off the ground, an interior that is tall enough for the animal to stand up in and large enough that the animal can turn around in comfortably, and bedding covering the floor that is appropriate for the weather conditions; and, in addition to such enclosure, one or more open or ventilated areas where shade is available to an animal during daylight hours.
(c) Bite. Any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin caused by any animal, and which bite is commonly or may reasonably be presumed to be, contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.
(d) Cattery. Any premises where there is being maintained or harbored a total of more than three cats or more than two unspayed female cats over the age of three months, necessitating compliance by the owner, keeper of harborer thereof with the Domestic Animal Shelter provision at section 3-109 herein; provided, however, that any residential property licensed by the State of Kansas as a foster home shelter pursuant to K.A.R. 9-22-4 shall be entitled to temporarily harbor one or more cats as foster animals under that license, provided that the presence of the foster animals at such residence does not cause the total number of cats harbored at the residence to exceed the number otherwise allowed herein by more than one cat.
(e) Dangerous Animals.
(1) That has attacked a human or a domestic animal without provocation, including snapping or biting at a human or domestic animal and whether or not such attack was completed or any injury inflicted; or
(2) That has such a vicious propensity that it is determined by the Animal control officer to create an unreasonable hazard or danger to the general public in the event of its release or escape from confinement.
(f) Domestic Animals. All vertebrate and invertebrate animals, such as, but not limited to, bovine, cattle, horses, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons and other fowl, wild mammals or birds that have been tamed or domesticated.
(g) Fowl. All domesticated animals that are included in the zoological class Aves.
(h) Garbage. The putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food for human beings.
(i) Harboring. Any person who shall allow any animal to habitually remain, lodge or be fed within his or her home, store, yard, enclosure or place of business or any other premises.
(j) Habitual Violator.
(1) Who is the owner, keeper or harborer of any animal or animals which have been impounded by the Animal control officer on three or more occasions within any 36 month period each incidence of an impoundment being regarded as a separate occasion, regardless of whether one or more animals were impounded at the same time and regardless of whether the impoundment was as to the same or different animals on each occasion; or
(2) Who was the owner, keeper or harborer of any animal or animals which have on two or more occasions within any 36 month period attacked a human or a domestic animal without provocation including snapping or biting at a human or a domestic animal and whether or not such attack was completed or any injury inflicted, each incidence of an attack being regarded as a separate occasion regardless of whether the attack was by the same or a different animal on each occasion; or
(3) Who has been fined or convicted for three or more violations under this Article, which violations occurred within any 60 month period; or
(4) Who fails to confine or control in accordance with the provisions of this Article, any animal that has been determined to be a dangerous animal.
(k) Kennel. Any premise where there is being harbored a total of more than three dogs over the age of six months, necessitating compliance by the owner, keeper or harborer thereof with the Domestic Animal Shelter provision at section 3-109 herein; provided, however, as follows:
(1) A fourth dog over the age of six months may be harbored at a residence without the necessity of complying with the Domestic Animal Shelter provisions at section 3-109 if such dog is specially trained and certified to perform functions and duties for a public safety agency or to assist disabled persons and if such certification is on file with the City Clerk; and
(2) Any residential property licensed by the State of Kansas as a foster home shelter pursuant to K.A.R. 9-22-4 shall be entitled to temporarily harbor one or more dogs as foster animals under that license, provided that the harboring of the foster animals at such residence does not cause the total number of dogs there being harbored to exceed the number otherwise allowed herein by more than one dog.
(l) Neglect and Inhumane Treatment. Treatment of an animal, or causing or permitting the treatment of any animal, which consists of any of the following: overdriving; overloading; driving when overloaded; overworking; torturing; tormenting; poisoning or attempting to poison any domestic animal; depriving of necessary sustenance; cruelly beating or mutilating; or failing to provide necessary medical care, or adequate food & drink as defined at subsection (a) above, or adequate shelter as defined at subsection (b) above.
(m) Person. Any individual, firm, association, joint stock company, syndicate, partnership or corporation.
(n) Property or Premises. Any unplatted parcel, tract or piece of land, improved or unimproved, which is under common ownership, and any platted lot or combination of lots, or any separately developed portion of a platted lot or combination of lots, which is maintained for a single or common use. Each business or residential unit within a multi-unit development which is set aside for a tenant or resident's exclusive use shall constitute a separate property or premises.
(o) Provocation. The willful and intentional teasing, harassment, injuring or abuse of an animal, or the entry into a fenced or enclosed area or building in which an animal is lawfully kept or harbored, other than areas open to the general public during the hours of such public access; or any threatening actions or conduct taken against or battery of a person, without legal cause or justification committed in the presence of an animal which is owned, kept or harbored by such person or by a member of such person's immediate family or household.
(p) Refuse. All putrescible and non-putrescible waste materials (except animal body discharges) such as trash, garbage, dead animals, paper, cardboard, tin cans, glass, wood, metals, salvage or inert materials produced or accumulated in connection with the maintenance of domestic animals.
(q) Running At-Large. An animal shall be deemed to be running at-large when not confined on the premises of the owner, harborer, or keeper with a fenced enclosure or animal shelter or under the control of a person, either by lead, cord, leash or chain. An animal may be considered confined if on a lead rope or chain which is securely fastened or picketed in a manner which is sufficient to keep the animal on the premises.
(r) Veterinary Hospitals. A domestic animal hospital operated by a doctor of veterinary medicine licensed by the State of Kansas.
(s) Waste or Wastes. Manure or the body discharge of all domestic animals, spilled feed or unconsumed feed and liquid cleaning wastes including suspended solids resulting from cleaning operations.
(Ord. 4367-00; Ord. 4483-04; Ord. 4770-11; Ord. 4849-14)
The chief of police with the approval of the city manager is hereby authorized to appoint an animal control officer to serve at his or her pleasure to carry out the provisions of this Article.
It shall be the duty of the chief of police and the animal control officer to enforce the provisions of this Article and the same are hereby authorized to make whatever investigations and to issue such notices, orders or directions as are necessary for the enforcement of the provisions of this Article. Where one of the above named offices is specifically referred to in any provision of this Article, the reference shall be construed to mean any officer authorized to enforce this Article.
It shall be unlawful for any person to:
(a) Permit any animal to run at-large within the corporate limits of the city. The term permit, as used herein shall be construed to mean the intentional or unintentional failure of the owner or harborer of any animal to insure that the animal does not run at-large within the corporate limits of the city.
(b) Neglect or carry out inhumane treatment against any animal. The animal control officer may take charge of any animal found abandoned or clearly showing evidence of neglect or inhumane treatment, and may enter upon any private or public property and inspect, care for, treat, remove or transport such animal to a licensed veterinarian for treatment, board or other care, or for other disposition if it appears the animal is diseased or disabled beyond recovery for any useful purpose.
(c) Keep or harbor any animal which by loud, frequent or habitual barking,yowling or other noise or action disturbs any person or neighborhood within the corporate limits of the city.
(d) Maintain any kennel or cattery in an area where a kennel is not permitted under the zoning ordinance of the city.
(e) Interfere or molest any dog used by the police department or the city in the performance of the functions or duties of such department.
(f) Keep or harbor a dog over six months of age within the corporate limits of the city without securing an annual dog license as required by this Article and without the dog having a vaccination against rabies effective for the entire period of time for which the license is issued. Vaccination may not be required if the owner of the dog shall exhibit to the city clerk a statement from a veterinarian certifying that the vaccination would be injurious to the dog due to its health.
(g) Aid, abet or encourage any dog to attack or fight any other dogs or by words, signs or otherwise set on or encourage any dog to attack or chase any human being not engaged in a malicious or criminal act or keep or harbor any dog and knowingly permit the dog to fight without endeavoring to prevent the same.
(h) Permit any dog to enter any theater, store or other public building in the city, whether accompanied by its owner or person in charge or otherwise. This subsection shall not apply to the operator of a pet shop or related business, and shall not apply to the use of a dog which is specially trained and certified to perform functions and duties for a public safety agency or to assist disabled persons.
(i) Break or train any horse or other animal, except dogs and cats, on any street, sidewalk or other public place within the corporate limits of the city.
(j) Picket any horse, cow or other animal on any street, sidewalk or other public place within the corporate limits of the city, with the exception of fairs, parades and other official events.
(k) Kill any squirrel or song bird within the corporate limits of the city; provided, that it shall be permissible for any police officer upon orders of the animal control officer to kill squirrels, skunks or birds that have become so numerous as to cause destruction or nuisance to property or in the event of disease occurring among such squirrels, skunks or birds that may be considered contagious to human beings.
(m) Sell or offer for sale, barter or give away any animal or fowl that has been dyed, colored or treated so as to impart to them an artificial or unnatural color.
(n) Permit any animal whether or not tethered or otherwise restrained to have access to public walkways or street ways so as to impede safe pedestrian or vehicular traffic.
(o) Strike down any animal with a motorized vehicle onto the roadway without reporting the same to the Animal Control Office or the Police Department.
(p) Keep or harbor for any purpose and of the following animals in any area zoned residential under the zoning ordinance of the city, or in any area zoned commercial or industrial under the zoning ordinance of the city unless the keeping or harboring of such animals is expressly permitted under the zoning regulations applicable to such commercial or industrial zoning classification; provided, however, that this prohibition shall be subject to the exceptions set forth in section 3-105 and set forth in subsection (q) below:
(1) Venomous reptiles, including but not be limited to all members of the following families: Heloderrnidae (gila monsters and Mexican bearded lizards), Viperida (vipers), Crotalidae (pit vipers), Atractaspidae (burrowing asps), Hydrophilidae (sea snakes), and Elapidae (cobras, coral snakes) or any venomous reptile which is not native to the State of Kansas.
(2) Rear-fanged snakes, including reptiles of the family Colubridae and others that are known to be dangerous to humans including but not limited to boomslangs, twig snakes and keelbacks.
(3) Boa constrictors and pythons, including any snake that is a member of the family Boidae, including but not limited to Python Reticulatus, Eunectes, Python Sebae and Python Molurus.
(4) Alligators and crocodiles, including any animal that is a member of the order Crocodilia, including crocodiles, alligators, and caiman.
(5) Any cat not of the domestic cat species Felis catus, this prohibition including any animals that are members of the family "Felidae" and including any member of the cat family weighing over thirty (30) pounds which is not customarily domesticated by man, or any hybrids thereof.
(6) Bears, including any animal that is a member of the family "Ursidae", including any member of the bear family or any hybrids thereof.
(7) Any cattle, horses, swine, Vietnamese Pot Belly pigs, sheep, goats, oxen, chickens, geese, turkeys, ducks, fur-bearing animals (such as but not limited to mink, chinchilla, muskrats, skunks, raccoons and beavers), wild fowl and mammals that are commonly kept out of doors as opposed to inside a residence.
(q) Exceptions to the prohibitions contained in-subsection (p) above shall be as follows:
(1) The presence of any such animals for purposes of demonstrations, livestock shows or exhibitions on any premises or in any building or structure under the jurisdiction of the city or Harvey County or in connection with 4-H livestock shows or the Harvey County Free Fair.
(2) Licensed or accredited medical or educational institutions possessing a current United States Department of Agriculture (USDA) license and being in full compliance with their regulations therefor.
(3) Veterinary clinics in temporary possession of such animals for treatment or rehabilitation purposes.
(4) Traveling circuses and carnivals.
(5) Persons temporarily transporting such animals through the city limits, provided that such animals shall at all times be and remain in enclosed, secured cages or similar containers while within the city limits and do not remain within the city limits for a period inexcess of twenty-four (24) hours (unless one of the other exceptions applies).
(6) The maintenance in conformance with applicable standards of this Article of pigeons and rabbits.
(7) Horses may be maintained subject however to the following restrictions and limitations:
(A) One horse may be maintained on a minimum of a three-acre contiguous tract of land;
(B) A minimum of two additional acres of land, contiguous with the first tract stated herein, shall be required for each additional horse harbored;
(C) The maximum number of horses allowable in the city shall in no case exceed three;
(D) No horse or horses shall be maintained on any such acreage such that the portion thereof-accessible to the horses is closer than 100 feet to any residential structure; and
(E) Prior to placement of such horses on the property pursuant to the foregoing, the owner or occupant of such property must obtain written authorization from the animal control officer, who shall authorize the use if such officer shall determine, and shall set forth in a written statement so verifying, that sufficient land area does exist to permit the total number of horses for which such authorization is obtained, that adequate provision has been made for compliance with all applicable health and sanitation laws in relation to the keeping of such horses and that adequate fences or other barriers exist in order that the horse or horses can be maintained upon the property in conformance with the restrictions and limitations of this paragraph. Ifat any time after such authorization has been issued it is determined by the animal control officer that a problem of health or sanitation exists due to the maintenance of such horses, that a condition of mistreatment of the horses exists, or that the presence or maintenance of such horses is creating a nuisance or that the horsed are otherwise being maintained in violation of the restrictions and limitations of this paragraph, then the authorization of the animal control officer shall be withdrawn and the horses shall be removed. Failure to comply with the requirements stated herein shall cause the forfeiture of any and all rights to harbor the horses. Nothing stated or implied in this paragraph shall exempt persons from complying with all provisions of this Article and all applicable city, county and state health, sanitation and zoning laws.
(8) Female chickens may be maintained subject however to the following restrictions and limitations:
(A) Up to twelve (12) female chickens may be maintained as part of a single-family residence with the issuance of a permit therefor approved by the animal control officer and issued by the city clerk.
(B) Domestic animal shelter permits for the keeping of chickens which have been issued and are un-abandoned or unrevoked on the effective date of these requirements shall be converted to a permit under these provisions and shall henceforth be governed by the requirements hereunder. Any such permit holder who was, at the time of the conversion of such permit, in full compliance with the regulations applicable to domestic animal shelters, but who is not in full compliance with all of the requirements established hereunder, shall be given a reasonable time by the animal control officer to come into compliance before such permit shall be subject to revocation.
(C) An application for a permit must contain the following items:
(i) The name, phone number, and address of the applicant.
(ii) An original permit fee of $20, with no annual renewal permit fee; provided, however, that no original permit fee shall be assessed to those person whose domestic animal shelter permit is converted to a permit hereunder.
(iii) The size and location of the subject property.
(iv) The number of chickens the applicant seeks to keep on the property.
(v) A description of any coops or outdoor enclosures providing precise dimensions and the precise location of these enclosures in relation to property lines and adjacent properties.
(D) Permits will be granted and renewed on an annual basis. The city may revoke a permit at any time, or decline to renew a permit, due to any failure to comply with the applicable restrictions and limitations. Notice of any intended revocation or non-renewal of a permit shall be given in writing to the permit holder at the address provided in the application, identifying the reasons therefor, and such revocation or non-renewal shall become effective ten (10) days thereafter unless the permit holder has by such time submitted to the city clerk a written request for a hearing on the matter before the governing body, in which case the revocation or non-renewal shall not be effective unless upheld by the governing body following a hearing thereon. The permit holder shall be given not less than fifteen (15) days notice of the date, time and place of any such hearing.
(E) Chickens shall be provided access to both a predator-proof coop and a run which shall be built in compliance with all building code requirements and setback regulations applicable to residential accessory structures, as well as the following additional minimum standards:
(i) Coops and runs shall be well ventilated and designed to be easily accessed for cleaning. Any wooden materials must be treated and sealed.
(ii) The coop and run must be cleaned on a regular basis to prevent the accumulation of waste and must be kept in a sanitary condition free from offensive odors. Deceased chickens shall be promptly removed.
(iii) The coop shall be enclosed on all sides and shall be designed in such a way as to protect the chickens from the elements.
(iv) Windows and vents must be covered with predator and bird-proof wire of less than one-inch openings. Access doors must be able to be securely shut.
(v) The coop shall have 3 square feet per chicken and the run shall have an additional 3 feet per a chicken for a total of 6 square feet per chicken.
(vi) The run shall be completely enclosed and shall consist of sturdy wire or wooden fencing.
(vii) Chickens shall not be allowed out of these enclosures unless a responsible individual, over 18 years of age, is directly monitoring the chickens and able to immediately return the chickens to the run or coop if necessary.
(F) There shall be no outdoor slaughtering of chlckens.
(G) The permit holder shall comply with all orders and regulations issued by the animal control officer or other legal authority in the event of outbreak in the region of any disease or affliction potentially affecting or being passed by fowl, or in the event of any other matter of public health or safety necessity.
(Ord. 4367-00; Ord. 4880-15; Ord. 4903-16; Ord. 4912-16)
Exceptions to the restrictions under subsection (p) of section 3-104 upon the keeping or harboring of certain animals in areas zoned residential under the zoning ordinances of the city may be granted by the animal control officer under the following circumstances:
(a) In those areas within the city where the average population density does not exceed one related family for the equivalent area of one square block (600 feet x 360 feet), and the general nature of the area is rural and not platted for use as a subdivision, the following animals may be kept in limited numbers: sheep (limit of two), chickens (limit of 24 female chickens and one rooster), ducks (limit of four), geese (limit of two), and goats (limit of two). Prior to placement of animals on any such property, written authorization must be obtained from the animal control officer, who shall authorize the use if such officer shall determine, and shall set forth in a written statement so verifying, that sufficient land area does exist to permit the total number of animals authorized, that the area is not platted for development and that the area is sufficiently rural in nature to permit the number of animals permitted without ‘undue interference with other people living in the area. If at any time after such authorization has been issued it is determined by the animal control officer that a problem of health or sanitation exists due to the maintenance of such animals or that a condition of mistreatment of the animals exists or that the presence or maintenance of such animals is creating a nuisance, then the authorization of the animal control officer shall be withdrawn and the animals shall be removed.
(b) Snakes listed under subsections (1) through (3) of section 3-104(p) may be maintained by a person who is not less than eighteen (18) years of age and who is licensed for such in the following manner:
(1) A written application for such a license shall be submitted to the Animal Control Officer, which shall include:
(i) Proof (in a form that can be copied or retained by the Animal Control Officer) of the applicant’s age and of the applicant’s possession of a current license from any State or federal agency as may be applicable as to the possession or harboring of any such snakes.
(ii) The address and legal description of the property where such snakes are harbored, and a description of the facilities in which such snakes are maintained, including all safety and security features therein.
(iii) A description of each of the snakes to be maintained in such facility.
(2) A renewal application for such a license shall be submitted to the Animal Control Officer not later than December 31 of each year thereafter which shall include all of the same information as required for the original application.
(3) All information and materials submitted with the original or renewal application shall be subject to verification by the Animal Control Officer, the City Clerk, the Chief of Police, and/or by any other authorized agent or representative on the City’s behalf.
(4) The applicant must make the premises where such animals are harbored available for inspection by the Animal Control Officer, by the Chief of Police, and/or by any other authorized agent or representative on the City’s behalf in relation to the original application and in relation to each renewal application. Such inspections shall be for the purpose of (i) verifying information provided in the application, (ii) determining the existence of adequate and appropriate security precautions to prevent the escape of such animals and (iii) determining that the facilities for the harboring of such animals are clean and sanitary and do not pose a danger to the public health and safety or the health and safety of the animal that is maintained there. Any such premises shall also be subject to periodic inspection, upon demand, as reasonably necessary to determine continuing compliance with the terms of this ordinance, and in order to determine whether the animals have been removed from the premises upon or after the termination of any such license. Each and every building or structure on the property where such premises is located, and each and every part thereof, shall be subject to such inspections. By making application for a license, an applicant does thereby give his or her consent to each of the inspection requirements herein described.
(5) Any license issued hereunder shall be nontransferable to any other person or party. Upon prior approval by the Animal Control Officer, the location where such animals are harbored may be changed.
(6) The licensee shall notify the Animal Control Officer in writing within ten (10) days of any changes in the number or type of snakes being harbored in the premises.
(7) Such license shall be denied or shall be cancelled, and all snakes must then be removed from the city within thirty (30) days thereafter, if any of the following should occur:
(i) If it is determined that any information provided with an application is materially false; or
(ii) If the licensee’s license with any applicable State or federal agency is suspended or revoked for any reason other than the discontinuance of the harboring of any snake for which such license is required; or
(iii) If there occurs any incident in which any snake escapes confinement from the outermost portion of the facility’s security precautions, or if any snake otherwise comes to be loose within the city; or
(iv) If, upon any inspection or otherwise, it is determined that any such snake is not being maintained with adequate and appropriate security precautions, or is being maintained in unsanitary conditions, or is being neglected or abused, or is being maintained under such conditions or in such manner as to create an unreasonable risk to the public health, safety or welfare, all such matters being subject to the reasonable judgment of the Animal Control Officer; or
(v) If the licensee refuses to permit or provide for any required inspection, or refuses to cooperate with any such inspection so as to allow the proper determination and verification of the matters for which such inspections are required.
The enforcing officer shall have the right of entry onto or into any property, either public or private, where any animals in violation of this Article are harbored or kept to take into custody any animal that has bitten a person or another animal or that is suspected of having a disease transmittable to human beings. Any animal may be taken or impounded without the necessity of filing a complaint and shall be subject to the following:
(a) The animal shall be impounded in a veterinary hospital, clinic or other suitable facility. If the animal is identifiable by tag, the animal control officer shall notify the owner by telephone or in person. If the animal is not identifiable by tag, no notice is required.
(b) The animal shall be impounded for a period of 10 days with the period of time beginning at the time of impoundment. An animal which has been impounded as being a stray or which has been surrendered to the animal control officer and which is not otherwise in violation of this Article need not be held for the 10 day period unless the animal control officer suspects that such animal may have a disease transmittable to human beings.
(c) Any animal running at-large in violation of the terms of this Article or any unvaccinated animal which is required by this Article to be covered by a license and/or vaccinated may be reclaimed by its owners upon payment of the boarding fee for the animal, an impoundment fee of $20 for the first offense, an impoundment fee of $30 for the second offense, and an impoundment fee of $75 for each offense thereafter. In addition, the license fee and rabies vaccination fee as required by this Article must be paid.
(d) All animals not claimed within the period above provided may be sold, given away or destroyed.
(e) All animals impounded for reasons of suspected disease may be reclaimed by their owner after evaluation and treatment by a veterinarian who shall certify the release of the animal. Board fees, veterinarian fees and permit fees, where required, will be paid, or the animal may be destroyed at the direction of the owner.
The chief of police shall report all animal bite cases coming to his or her attention from hospitals or other sources to the animal control officer. The police officer or animal control officer in the course of his or her duties of investigating cases in which animals have bitten a person or other animal shall immediately notify the owners of the animal to surrender it for immediate impoundment in a veterinary hospital. In the event the owner of the animal is not available or is unknown, the police or animal control officer shall cause the animal to be impounded. The period of impoundment shall be not fewer than 10 days after the biting of a person or other animal, during which time a veterinarian shall determine whether or not the animal is suffering from any disease. In the event it is not, the animal control officer shall authorize the release of the animal upon payment by the owner of the board fees therefore. The animal control officer may authorize the owner of an animal that has bitten a person or another animal to keep the animal on the owner’s premises, provided that the owner produces a current dog license and/or rabies vaccination certificate showing that the animal has been vaccinated for rabies not more than 13 months prior to the bite incident.
Rules and regulations pertaining to registration, vaccination and the licensing of dogs and cats and fees for such shall be as follows:
(a) Registration, Licensure and Tags. It shall be the duty of the owner or harborer of any dog or cat maintained or harbored within the corporate limits of the city to register each such dog and cat with the city clerk, to acquire from the city clerk a license for each such dog and cat in compliance with the provisions of this section, and to maintain as current such registration and licensure in the manner provided in this section throughout the period such dog or cat is so harbored.
(b) Term. All such licenses shall be issued for the then applicable calendar year, expiring on December 31 of such calendar year, and must be renewed on or by January 1 of the next calendar year. The city clerk shall issue a receipt for such registration and licensure, and for each renewal thereof, in the form of a tag of metal or other durable material stamped or engraved with the registration number and the year of registration. It shall be the duty of the owner or harborer of each such dog or cat to attach such tag to a suitable collar and kept the same on the dog or cat at all times.
(c) Vaccination. Except as otherwise provided in section 3-104(f), it shall be the duty of the owner or harborer of any dog or cat maintained or harbored within the corporate limits of the city to cause each such dog or cat to be vaccinated or inoculated with a recognized anti-rabies vaccine, and to cause each such dog or cat to be re-vaccinated or re-inoculated as often as necessary to maintain its effectiveness throughout the period of licensure. Any person applying for a license for a dog or cat, or for a renewal thereof, shall be required to present the city clerk a certificate issued by a licensed veterinarian showing that the dog or cat has been so vaccinated or inoculated, and showing that the inoculation will be effective for the entire period of time for which the license is issued.
(d) License Registration Fees. Any person applying for a license for a dog or car shall pay a license registration fee in the amount of $10 for each such dog or cat; provided, however, that the license registration fee shall be reduced to $2 upon presentation of a certificate by a licensed veterinarian, that such dog or cat, if a male, has been neutered, or that such dog or cat, if a female, has been spayed. In the event (i) a license is not acquired within 30 days of the acquisition of such a dog or cat, or (ii) a license is not acquired within 30 days after a dog or cat has attained the age of six month, or (iii) a license is not renewed until 60 days after the January 1 due date, then and in that event a $3 late fee shall be assessed.
(e) Exemption. The foregoing provisions of this section shall not apply to a dog or cat while it is under the age of six months.
(f) Ineligible Applicants for Registration. The following persons shall not be eligible or entitled to apply for or receive a registration or license for any dog or cat, or to renew any license for any dog or cat:
(1) Any person who within the 36 months immediately preceding such application has been fined or convicted for three or more violations of this article, or who resides in the same household with any person who within the 36 months immediately preceding such application has been fined or convicted for three or more violations of this article;
(2) Any person who has been fined or convicted on two or more occasions as a habitual violator under Article 2 of this chapter.
(g) Unlawful acts. It shall be unlawful for any person to maintain or harbor any dog or cat within the corporate limits of the city which is required to be registered and licensed under the provisions of this section but which is not so registered or licensed.
(Ord. 4367-00; Ord. 4867-14)
Domestic animal shelters may be maintained only on such property as to which such use is allowed or permitted under the zoning regulations applicable to such property.
(Ord. 4367-00; Ord. 4770-11; Ord. 4903-16)
The following minimum environmental health standards shall be observed and followed by persons subject to the terms of this Article.
(a) It shall be unlawful for any person owning, occupying, maintaining or controlling any yard, pen, room, building or any other place where animals, fowl, birds or game are harbored to allow such place to become unsanitary, offensive, unwholesome or annoying to the neighborhood or to allow any decayed, putrid or offensive matter to accumulate therein.
(b) All animal pens and yards shall be located so that adequate drainage is obtained, normal drying occurs and standing water is avoided.
(c) All premises on which animals are kept shall be subject to inspection by the animal control officer or his or her representative. If the animal control officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner or keeper of the animal or animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on him or her. Any person failing to comply with the requirements of the animal control officer shall be subject to the penalties under section 3-115 of this Article.
(d) Domestic animal shelters owned or operated by a stockyard shall be cleaned as often as is necessary as determined by the animal control officer to control fly breeding or to control other conditions adversely affecting the public health.
(e) Collected fecal material and solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant or by proper dispersal on land used for agricultural purposes.
(f) Grain or protein feed shall be stored in tightly covered, rodent-proof containers.
(g) Premises subject to the terms of this Article shall be maintained free of rodent harborage such as improperly stored materials, and enclosed partition walls.
(h) Use shall be made of an anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.
(i) Use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.
(j) Garbage shall not be fed to fowl.
(k) Refuse shall be.stored in proper containers or in a manner approved by the animal control officer and disposed of at least once each week or as frequently as may be required by the animal control officer.
(l) Holding lots, pens and floors of sheds and buildings where animals are held shall maintained to control the waste from draining into water courses, and shall be subject to the approval of the animal control officer. Solid wastes accumulated from the cleaning of pens and coops shall be stored on concrete slabs or other facilities such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the animal control officer and all solid wastes shall be properly disposed of at least once each week or less often as may be required by the animal control officer.
(Ord. 4367-00; Ord. 4903-16)
The animal control officer shall report to the city manager in the event a potential outbreak of rabies is suspected in the dog or cat population, and the city manager shall report the same to the governing body. If the governing body concurs that the danger of the public safety from rabid animals is reasonably imminent, then the governing body shall issue a quarantine proclamation. All dogs, cats or other animals found at-large during the time specified in the quarantine proclamation without being properly confined or muzzled may be destroyed by any officer of the city under procedures established by the animal control officer.
Properly licensed veterinary hospitals are excluded from the provisions of this Article.
Any animal that has been determined by the animal control officer of the city to be a dangerous animal as defined in this Article shall be subject to the following disposition:
(a) Any such animal shall be destroyed upon orders of the animal control officer in any of the following instances:
(1) If the animal has attacked a human without provocation on anyone occasion in which the injuries inflicted required surgical suturing or hospitalization or which necessitated emergency room treatment.
(2) If the animal has attacked a human or a domestic animal without provocation on two or more occasions and if in each such attack the animal has bitten or inflicted any injury upon the person, regardless of whether such biting or injury involved a penetration of the skin of the human.
(3) If during any impoundment of an animal it is determined by the animal control officer that the animal has such a vicious propensity that it creates an unreasonable hazard of danger to the general public in the event of its release or escape from confinement.
(b) Any other such animal than those described in subsection (a) above shall be impounded for a period of not more than 10 days and shall then be sold, given away or destroyed in the absence of an agreement in writing filed by the owner, keeper or harborer thereof with the animal control officer by which the owner, keeper or harborer agrees to confine and control the animal in the manner prescribed in this Article.
No animal determined to be a dangerous animal pursuant to this Article shall be maintained by any person within the city limits, returned to its owner, keeper or harborer residing within the city limits or sold or given away or its possession otherwise transferred to another person residing within the city limits unless the animal is confined and controlled by such person in the manner set forth below. Through any written agreement with an owner, keeper or harborer of an animal determined to be a dangerous animal the animal control officer shall be authorized to modify or waive any of the following requirements which the animal control officer determines to be unnecessary under the circumstances for the general safety and welfare of the public.
(a) Leash and Muzzle. No person shall permit such animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length. No person shall permit such animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animal may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, any such animal on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.
(b) Confinement. All such animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. Such structure used to confine such animal must be locked with a key or combination lock when such animals are within the structure. All such structures erected to house such animal must comply with all zoning and building regulations of the city. Such structure must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(c) Confinement Indoors. No such animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screened doors are the only obstacle preventing the animal from exiting the structure.
(d) All owners, keepers or harborers of such animals within the city shall display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog” or such other words of warning as shall be designated by the animal control officer. In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(e) Identification Photographs. All owners, keepers or harborers of such animals must file with the city clerk two current color photographs of each animal which have the date of the photographs marked thereon and which clearly show the color, markings and approximate size of the animal. Further, all owners, keepers and harborers of such animals must provide two current replacement photographs meeting such specifications in relation to the renewal of the license for such animal or not less than annually as to animals which are not required to be licensed.
(f) Reporting Requirements. All owners, keepers and harborers of such animals must report the following information in writing and within 10 days of the occurrence to the city clerk as required hereinafter:
(1) The removal from the city or death of any such animal;
(2) The new address of the owner, keeper or harborer thereof, should such person move to another location within the corporate city limits.
(g) Restrictions on Sale or Transfer of Ownership. No person shall sell, barter or in any other way dispose of such animal to any other person within the city unless the recipient person resides permanently in the same household and on the same premises or unless the person buying or otherwise receiving or taking possession of such animal first files with the animal control officer his or her written agreement to confine and control such animal as herein provided.
(h) Failure to Comply. It shall be unlawful for the owner, keeper or harborer of such animal to fail to comply with the requirements and conditions set forth in this section. Any animal found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. Such animal shall then be sold, given away or destroyed at the discretion of the animal control officer.
Except as otherwise provided in subsection (b) below:
(a) Any person who shall be convicted of violating any provisions of this Article shall be deemed guilty of a Class "B" violation and shall be punished by a fine as hereinafter provided or by confinement in the county jail for a period not exceeding 60 days or by both such fine and confinement. Each day that a violation of this Article occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation. The fine prescribed above for the first conviction for a violation of a provision of this Article shall be an amount not less than $100 nor more than $200; and for the second conviction for a violation of the same provision shall be an amount not less than $200 nor more than $500; and for the third or any subsequent conviction for a violation of the same provision shall be an amount not less than $500 nor more than $1,000.
(b) It shall be unlawful for any person to be a habitual violator as defined in subsection (j) of section 3-101 ofthis Article. In addition to any other penalties or sanctions which may be separately provided, any person convicted of being a habitual violator under this Article shall upon his or her first conviction thereof in municipal court be fined a sum of not less than $1,000 and not more than $1,500, and shall upon his or her second or subsequent conviction thereof in municipal court be fined a sum of not less than $1,500 and not more than $2,500. In addition to the fine imposed the court may upon the first conviction sentence the defendant to imprisonment in the county jail for a period not to exceed 60 days and may upon the second or subsequent conviction sentence the defendant to imprisonment in the county jail for a period not to exceed 90 days. In addition, the court shall order the registration of the subject animal revoked, the court shall order the impoundment of the subject animal or animals by the animal control officer for such disposition in accordance with the provisions of this Article, and the court may revoke any other animal licenses held by such person and may order the impoundment and disposition of any other animals owned, kept or harbored by such person. In addition to the foregoing penalties, any person who violates any provision of this Article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this Article.
(Ord. 4367-00; Ord. 4903-16)
(a) For purposes of this section the following terms shall have the following meanings:
(1) Picketing. The attaching directly or indirectly to the body of an animal of a tether which is also attached to another object for the purpose of confining the animal or limiting the movement of the animal, but not including the maintenance of an animal on a leash being held or otherwise under the direct physical control of a person.
(2) Tether. Any leash, rope, chain, lead or other similar apparatus or device by which an animal is picketed.
(b) It shall be unlawful to picket any animal in violation of any of the following regulations:
(1) A tether must be at least ten (10) feet in length, but shall not be such length as will allow the animal to leave the boundaries on the property on which it is picketed.
(2) Excluding the object to which an animal is picketed, the total weight of the tether and any collar, harness or other parts or attachments thereto shall not exceed an amount which is one-eighth (1/8) of the weight of the animal being picketed.
(3) A tether must be attached to an animal only by means of a collar, harness other similar device which is designed for such a purpose and which is made from a material that prevents injury to the animal. No animal shall be tethered by means of a choke chain.
(4) The area in which an animal is picketed and the manner in which an animal is picketed shall be such that is free from objects which could lead to the entanglement of the tether or to the strangulation of the animal.
(5) The area in which an animal is picketed shall have adequate food and drink (as that term is defined in Section 3-101(a) of the Code of the City of Newton, Kansas) within reach of the animal, and shall have one or more areas within reach of the animal which at any time during the period of picketing will provide shade from the sun and shelter from precipitation.
(a) Keeping of Bees. It shall be Wllawful for any person to place, establish, or maintain any Hive, box stand, or Apiary or keep any Bees in or upon any premises within the city limits unless the Bees are kept in accordance with the provisions of this section.
"Abandoned Hive" includes, but is not limited to, a Colony or Hive and equipment a Beekeeper has ceased to manage, is deserted, not maintained or left unattended.
"Apiary" a Hive or collection of Hives including the immediate area surrounding the Hive.
"Bees" means any stage of the common domestic honey bee, Apis Mellifera species.
"Beekeeper" is any person or persons who owns, operates, maintains, possesses or otherwise controls a Hive or is the owner of property upon which a Hive is situated.
"Colony" is a single managed Colony or Hive consisting of a queen and all life stages to support sustenance and reproduction kept by a Beekeeper and synonymous with Hive.
"Flyover Barrier" is a solid wall, fence, or dense vegetation or combination thereof that provides an obstruction through which Bees cannot readily fly.
"Hive" is where a managed Colony is located. A Hive consists of a managed Bee Colony kept in a structure intentionally provided by the Beekeeper for Bee housing. The Bee housing structure has movable frames to allow the Beekeeper and inspector complete access to the inner living area of the Colony and its contents for manipulations such as re-queening, viewing, evaluation and sampling.
"Hive Pests" means any agent or characteristic in a managed Bee Colony or Hive that makes the existence of such Colony or Hive detrimental to the apicultural industry, other neighboring apiaries, the environment, or public safety by being kept in a manner as to contain any unhealthy conditions or be a source of Bee Pests which include but is not limited to disease, parasites, fungi, foulbrood, bacteria, microsporidia, virus, insect, nematode, mites, or other organisms that damage Bees or Bee products.
"Neighboring Dwellings" means a place where a person resides and may include, but is not limited to, the following: any part of an attached home, unattached residential office, unattached garage, mobile home, guest home, condominium or apartment.
"Undesirable Bee Behavior" is any behavior exhibited by Bees from a Hive that may result in harm to others. Undesirable Bee Behavior includes, but is not limited to, characteristics of Africanized Bees guarding a larger territorial perimeter around the Hive in greater nwnbers than is typical of European Bees, responding to minimal or no provocation into over-defensiveness, aggressiveness, repeated swarming, unpredictability, reactiveness, and agitation during, but not limited to, Hive inspection. Bees foraging on flowering vegetation is considered normal and desirable.
(c) Registration and License. Beekeepers shall register the nwnber of Hives and the location of each Hive on the first day of January of each year or 30 calendar days prior to acquiring a Hive. The Beekeeper shall provide written approval from all adjacent residents. After submitting all required information, the City will issue a revocable license to the Beekeeper. No registration fee shall be required.
(d) Approved Hives, Colonies, or apiaries. Beekeepers shall maintain Bees in a Hive intentionally provided by the Beekeepers for Bee housing. The Bee housing structure shall have movable-frames to allow full access to the inner Bee living quarters for viewing, evaluation and sampling of the structure and its contents including by not limited to drones, queens, workers, beeswax, comb, honey, and pollen.
(e) Distance Restrictions. Hives must be located at or greater than the following distances:
(1) 25 feet from Neighboring Dwellings.
(2) 15 feet from neighboring property lines.
(3) 40 feet from any public road or sidewalk.
(4) 40 feet from any public park or school.
(f) Identification Signs. Beekeepers shall identify the Beekeeper's name and telephone number information on al1 Hives in black letters, not less than one inch high, on a background of contrasting color.
(g) Regular Hive Check. Beekeepers shall inspect each Hive at least once a month to detect Undesirable Bee Behavior or Hive Pests in order to take corrective action in a timely manner. Beekeepers shall practice swarm prevention techniques and provide additional space for Colony growth to minimize Bee swanning.
(h) Water Supply Required. Beekeepers shall maintain an adequate and accessible supply of fresh water available at all times.
(i) Flyover Barrier. Beekeepers must maintain an adequate Flyover Barrier of at least six (6) feet in height to shield any part of a property line that is within twenty-five (25) feet of a Hive.
(j) Queen Bee. Each Hive shall be re-queened if the Colony exhibits Undesirable Bee Behavior.
(k) Transportation of Bees. No person shall transport a Colony of Bees between sunrise and sunset or cause Bees to be transported during that time period unless the Bees are transported in a vehicle with screens or other devices that will prevent Bees from escaping from the vehicle.
(l) Undesirable Hives. No Beekeeper shall own or operate a Hive that exhibits Undesirable Bee Behavior, contains Hive Pests, or is an Abandoned Hive.
(m) Maintenance. Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container.
(n) Number of Hives. No more than two Hives shall be maintained on any property.
(o) Revocation of License. The city may revoke a license at any time,or decline to renew a license, due to any failure to comply with the applicable restrictions and limitations. Notice of any intended revocation or non-renewal of a license shall be given in writing to the license holder at the address provided in the application, identifying the reasons therefor, and such revocation or non-renewal shall become effective ten (10) days thereafter unless the license holder has by such time submitted to the City Clerk a written request for a hearing on the matter before the governing body, in which case the revocation or non-renewal shall not be effective unless upheld by the governing body following a hearing thereon. The license holder shall be given not less than fifteen (15) days notice of the date, time and place of any such hearing.