8.2 Livestock in City Limits CITY OF SALINA
REQUEST FOR COMMI SS I ON ACTION DATE TIME
7/09/90 b,:O0 P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
N0. 8 City Manager
NO. 2 BY: Dennis M. Kissinger BY:
Ordinance 90- 9393
An ordinance amending Section 7-31(c) of the Saiina City Code and adding new
section 7-35, pertaining to the keeping of livestock within the city limits.
Background
Current city ordinances prohibit the keeping of livestock (horses, mules, cattle,
sheep, goats and swine), within the city limits. Horses are allowed under certain
permits, but primarily within agriculture zoned areas or those of very large
properties. Recently, animal Control officials enforced this ordinance in two cases,
one on North 8th Street and the other on Arapahoe Street, Two goats are
currently kept on the 8th ~Street lot. The one on Arapahoe has been removed. One
of the individuals charged with this violation submitted a petition to the Commission
asking that' one goat be authorized to be kept as a pet by the owner of the 8th
Street property. Staff was directed to research and prepare some ordinance options
on this matter for Commission consideration. Our research and discussion has yielded
this ordinance as an alternative for you to consider.
Ol~tions
1. The Commission could defeat this ordinance, therefore leaving intact the current
ordinance prohibiting keeping livestock in the city. The two goats on N. 8th Street
(and any others) would have to be removed.
2. The Commission could approve this ordinance as written. This would replace the
existing prohibition with a regulatory method of control, allowing the requested "one
pet goat" to be kept within certain minimum requirements. I would call your
attention to the fifty foot separation requirement from a neighbor's home. The
current goat owner may or may not be able to meet this restriction. His goats are
now kept within a few feet of a neighboring home.
COMMISS ION ACTION
MOTION BY SECOND BY
TO: I ii
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
?/09/90 /~:00 P.M.
AGENDA SECT I ON: OR I G I NAT I NG DEPARTMENT: APPROV ED FOR
NO. City Manager AGENDA: .
~TEM
NO. Dennis M. Kissinger
BY: BY:
Page 2
3. The Commission could amend this draft ordinance, either by making it more
restrictive by adding other requirements, or by making it more liberal by
removing requirements such as the 50 foot separation. Staff is strongly opposed to
provisions which have neighboring signature requirements as the only criteria.
We will be prepared to answer any further questions at the meeting.
COMMISS tON ACTION
HOTION BY SECOND BY
TO:
(Published in The Salina Journal July , 1990)
ORDINANCE NUMBER 90-9393
AN ORDINANCE AMENDING SECTION 7-31 OF THE SALINA CODE
PERTAINING TO LIVESTOCK WITHIN THE CITY LIMITS AND REPEALING THE
EXISTING SECTION; AND ENACTING SECTION 7-35 OF THE SALINA CODE
REGARDING THE REQUIREMENTS FOR KEEPING A GOAT OR SHEEP AS A
HOUSEHOLD PET.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section I. That Section 7-31 of the Salina Code is hereby amended to
read as follows:
"Section 7-31. Prohibited owning: exemptions.
--__,~ (a) The owning of any wild, poisonous or vicious
animal within the city limits is hereby prohibited, except for
those wild animals kept under the permit of the Kansas Fish
and Game Commission or the United States Fish and Wildlife
Service, or any animal used for educational purposes. The
court shall have the authority to declare an animal vicious
because of the inherently dangerous nature of the animal as
to persons or to other domestic animals, its history of attack
or wounding of persons or other domestic animals, the
seriousness of these attacks or wounds, or its potential to
inflict wounds in the future. Such declaration shall be
grounds for the impoundment and humane euthanizing of the
animal unless, without danger to the public, the animal can
be and is removed from the city within forty-eight (48)
hours. If it is determined by the chief of police that an
animal presents a danger to persons, such determination
shall be grounds for impoundment of the animal pending the
determination by the court of whether the animal is to be
declared vicious.
(b) The owning of any fowl, other than domestic
chickens and pigeons, within the city limits is hereby
prohibited, except for caged birds kept as pets within a
residence structure.
(c) No person shall keep or maintain any livestock,
including, but not limited to horses, mules, cattle, sheep,
goats and swine, within the city limits except as permitted
within zoning regulations; provided however, one sheep or
goat may be kept by permit as a household pet in any area
of the City when the requirements of Section 7-35 are met.
(d), It shall be unlawful for any veterinarian within the
city to fail to report to the supervisor the examination or
treatment of any animal that is owned or maintained in
violation of this chapter."
Section 2. That Section 7-35 of the Salina Code is hereby enacted to
read as follows:
"Section 7-35. Requirements for keeping goat or sheep
as household pet.
(a) Not more than one (1) goat or sheep may be kept
as a household pet in areas other than those specified in the
zoning regulations.
Ordinance Number~90~-9371
Adopted February 12, 1990
Section 3. That Section 7-31 of the Salina Code is hereby amended to
read as follows:
"Section 7-31. Prohibited owning: exemptions.
(a) The owning of any wild, poisonous or vicious
animal within the city limits is hereby prohibited, except for
those wild animals kept under the permit of the Kansas Fish
and Game Commission or the United-States Fish and Wildlife
Service, or any animal used for educational purposes. The
court shall have the authority to declare an animal vicious
because of the inherently dangerous nature of the animal as
to persons or to other domestic animals, its history of attack
or wounding of persons or other domestic animals, the
seriousness of these attacks or wounds, or its potential to
inflict wounds in the future. Such declaration shall be
grounds for the impoundment and humane euthanizing of the
animal unless, without danger to the public, the animal can
be and is removed from the city within forty-eight (48)
hours. If it is determined by the chief of police that an
animaJ presents a danger to persons, such determination
shall be grounds for impoundment of the animal pending the
determination by the court of whether the animal is to be
declared vicious.
(b) The owning of any fowl, other than domestic
chickens and pigeons, within the city limits is hereby
prohibited, except for caged birds kept as pets within a
residence structure.
(c) No livestock, including but not limited to horses,
mules, cattle, sheep, goats, or swine, shall be owned, or
maintained within the city limits, except that horses which
are used for riding purposes only may be stabled within the
city limits only in designated areas which have been given a
special permit for the purpose by the board of
commissioners. Such designated areas, for the purpose of
health and sanitation, shall be under the supervision of the
health officer. If at any time such designated areas shall
become a nuisance or a flybreeding or rat-infested area, the
health officer shall have the authority to revoke such special
permit within ten (10) days after notifying the board of
commissioners.
(d) It shall be unlawful for any veterinarian within the
city to fail to report to the supervisor the examination or
treatment of any animal that is owned or maintained in
violation of this chapter."
Section 4. That Section 7-46 of the Salina Code is hereby amended to
read as follows:
"Section 7-46. Animal care requirements and prohibition of animal cruelty.
(a) It shall be unlawful cruelty to animals for any
person to own any animal and:
(1) Fail to provide such sufficient and wholesome
food; potable water; shade and protection
from the weather, which shall include a
structurally sound, weatherproof enclosure
large enough to accommodate the animal;
opportunity for exercise; veterinary care
when needed to treat injury or illness, unless
the animal is instead humanely euthanized; or
other care as is needed for the health or
well-being of such kind of animal; or
(b) No enclosure, pen or shelter for such goat or
sheep shall be nearer than fifty feet to any building or
structure used for residence purposes, other than the
dwelling occupied by the owner of the animal.
(c) Any such animal shall be kept in strict accordance
with animal nuisance and public health laws and regulations.
(d) Application for a permit to keep a goat or sheep as
a household pet shall be made to the City Clerk. Such
application shall contain the following information:
1. Name and residence address of the applicant.
2. Location of the premises where the animal is to be
kept.
3. A diagram or plat of the premises, showing
dimensions of the premises, the location of the
enclosure, pen and shelter, and the distance from
residence buildings, either on the same lot or on
adjacent property.
(e) The City Clerk shall then forward the application
to the Health Inspector for a recommendation.
(f) If the application is approved by the Health
Inspector the City Clerk shall issue a permit to the
applicant. A copy of the approved permit shall be
forwarded to the Health Inspector."
Section 3. That the existing Section 7-31 of the Salina Code is hereby
repealed.
Section 4. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: July 9, 1990
Passed: July 16, 1990
Robert E. Frank, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk