8.8 Animals
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/26/04
TIME
4:00 P.M.
AGENDA SECTION
NO: 8
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
CITY MANAGER
ITEM
NO.
8
BY: Dennis M. Kissinger
BY: ~i:
ITEM:
(a)
Ordinance No. 04-10223 First reading of an ordinance repealing and revising certain sections
of Chapter 7 Animals of the Salina City Code. Second reading is scheduled for August 9,
2004. Effective date is October 1,2004.
(b)
Recommended animal control related license and permit fee changes. To be considered by
Resolution on August 9, 2004.
(c)
Discussion of proposed Animal Control Advisory and Appeals Board. To be considered by
Resolution on August 9, 2004.
(d)
Staff updates on animal control staffing and scheduling changes, financing of improvements,
etc.
BACKGROUND:
Beginning in late 2003 a staff work team has been reviewing various aspects of our animal control
ordinances and policies. The project began as a relatively routine update process involving general
terminology, rabies vaccination, dog and cat licensing, updating permit and license fee schedules,
and addressing the issue of multiple dogs at one address. A report was provided the City
Commission on April 23, 2004. Shortly after that, following a dog attack incident, staff was directed
to add a full review of our ordinances and policies regarding dangerous dogs in general and pit bull
dogs in particular. A preliminary report on dangerous dogs was provided the City Commission on
June 14, 2004. The Commission provided further direction to staff on the improvement concept
plans presented in that report. Subsequently, the Commission chose to address the issue of pit bull
dogs separately from the other animal control and dangerous dog issues. On June 28, 2004, the
Commission passed a "breed-specific" ordinance prohibiting pit bull dog ownership in the city limits,
with certain exceptions.
Since that time, staff work has continued on the updating of Chapter 7 of the City Code, including
addressing "generic" dangerous dog issues. We are prepared for first reading of an ordinance
implementing those updates and changes, with a second reading on August 9 and an effective date
of October 1, 2004 for the changes.
While 38 different sections of this chapter had some changes, many of those changes were minor
and non-substantive. However, some very significant changes are included, based on the concepts
proposed to the Commission by staff in April and June.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/26/04
TIME
4:00 P.M.
AGENDA SECTION
NO: 8
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
CITY MANAGER
ITEM
NO.
8
BY: Dennis M. Kissinger
BY:
Page 2
EXECUTIVE SUMMARY OF SIGNIFICANT ITEMS:
1.
Rabies Vaccination and Dog/Cat Licensing (Reference Updated Sections 7-54 and 7-91) -
Current ordinances state that "currently immunized or vaccinated against rabies shall mean
that such cat or dog has been inoculated against rabies in the past thirty-six (36) months."
This code provision has been problematic for a number of years, since some veterinarians
indicate the vaccination expires in 24-months, others indicate 36 months. This variance has
caused public confusion, and often leads to cases where the animal vaccination and its
licensing are on different schedules. Staff is now recommending the vaccination expiration
date always be determined by the veterinarian. Along with that, we are recommending a dog
or cat registration plan which always has the animal license expiring at the same time as the
rabies vaccination. License fees are prorated by month, and a license period may be for up
to 36-months, depending on the rabies vaccination. This should improve the system for pet
owners, veterinarians, and staff.
2.
~ecial Multiple Pet Permit (Reference Updated Section 7-120) - A new permit system is
being proposed to address cases where more than four dogs are owned or kept as pets on a
premises. The likelihood of neighborhood or public nuisance problems is substantially higher
the more dogs that are on the premises. This regulation is advisable since our ability to
strictly limit by number is no longer legally permissible. This change would require
application, inspection and a special permit. In this manner, we can permit ownership of more
that four dogs where certain conditions exist that indicate they may be kept responsibly. In
other cases, a permit could be denied. In all cases, we could regulate to better assure that
nuisance or other problems are dealt with.
3.
Penalties (Reference Updated Section 7-4) - Current ordinances prescribe specific fines for
certain animal violations. Most Salina ordinances have the fine schedule set by the Municipal
Court Judge for specific violations, with maximum penalties set by the City Commission. This
updated section sets the maximum penalty as $2,500 fine and 1-year in jail, for violation of
this chapte~ with specific fines set by the Judge. This is the same maximum approved by the
Commission with the pit bull ordinance. Previously maximums were $500 fine and six-month
imprisonment.
4.
Designation of problem dogs as: "Public Nuisance Dogs"; "Dangerous Dogs"; or "Vicious
Dogs" based on conduct and incidents. Special Permits Required for Public Nuisance Dogs
and Dangerous Dogs. (Reference updated Sections 7-6,7-7,7-8,7-121,7-122,7-123, 7-
124, 7-125.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/26/04
TIME
4:00 P.M.
AGENDA SECTION
NO: 8
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
CITY MANAG ER
ITEM
NO.
8
BY: Dennis M. Kissinger
BY:
Page 3
In the June staff report, a concept was presented for "categories" of dogs for licensing
purposes. This final recommendation keeps that basic premise, but uses different
terminology, based on the Commission's prior action addressing pit bull dogs by separate
ordinance, as well as further administrative and legal review.
.:. Standard registration/licensing remains in effect for all dogs. A dog with no incidents of public
nuisance, attacks or bites will only be required to have standard registration.
.:. Public Nuisance Dog - This designation was originally anticipated to be "Potentially
Dangerous Dog." Based on further review and feedback, the designation terminology change
appears to be an improvement, and allows a broader use for administrative enforcement and
court purposes. A dog may be designated a Public Nuisance Dog by either a judicial or
administrative method (see Sec. 7-6). Sec. 7-121 outlines the special permit requirements
and standards.
.:. Dangerous Dog - Rarely will this designation be used by the Municipal Court, but it is
available as an alternative to a "Vicious Dog" determination (see Sec. 7-7). Sec. 7-122
outlines the significant special permit requirements, and standards, comparable to current
ordinances standard for pit bull special permits.
.:. Vicious Dog - This determination by the court is for severe attack cases and mandates
euthanasia of the dog. (see Sec. 7-8)
CREATION OF ANIMAL CONTROL ADVISORY BOARD:
.:. The code change (Sec. 7-6) contemplates creation of an Animal Control Advisory and
Appeals Board. If after further discussion and direction to staff at this meeting the
Commission concurs, a Resolution will be drafted for the August 9 Commission meeting.
FEE SCHEDULE:
See attached out Ii ne.
STAFF UPDATES:
To be provided at meeting by Health Department Director and City Manager.
COMMISSION ACTION:
(a)
(b)
Consider Ordinance No. 04-10223 on first reading.
Set August 9, 2004 as second reading date and date for considering implementing resolution.
July 23, 2004
PROPOSED REVISED FEE SCHEDULE
(for consideration by Resolution on August 9, 2004.)
1. Dog or Cat Standard Registration/License Fees
(effective October 1, 2004)
. 50ø per month, up to 36 months, for a spayed/neutered animal.
Example: Neutered dog with a 24-month vaccination would incur a
$12.00 registration fee.
. $1.00 per month, up to 36 months, for an animal not spayed/neutered.
Example: Non-neutered dog with a 24-month rabies vaccination would
incur a $24.00 registration fee.
. Registration/License Delinquency Fee - If the animal's standard
registration is more than 30 days delinquent, an administrative charge
equal to the base license fee is assessed.
Example: Dog is at large and picked up by Animal Control. It is
discovered the dog is unlicensed or delinquent in licensing. If it is a
neutered dog with a 24-month rabies vaccination, the owner would pay
$24.00 for licensing, double the regular $12 fee.
2. Public Nuisance Do9-§pecial Permit
(effective October 1, 2004)
In addition to the standard registration/license fee, this special annual permit
fee is required for any dog determined to be a Public Nuisance Dog under
Chapter 7 of the City Code.
. $50.00 initial application/permit
. $25.00 annual renewal application/permit
. $10.00 permit transfer fee
. $10.00 determination review fee
. $10.00 appeal fee
Proposed Revised Fee Schedule
Page 2
3. Dangerous Do~ecial Permit
(effective October 1 , 2004)
In addition to the standard registration/license fee, this special annual permit
fee is required for any dog determined to be a Dangerous Dog under Chapter
7 of the City Code.
. $50.00 initial application/permit fee
. $25.00 annual renewal application/permit
. $10.00 permit transfer fee
. $10.00 appeal fee
4. §pecial Multiple Dog Permit (owning more than four dogs)
(effective January 1, 2005)
In addition to the standard registration/license fee for each dog, this special
annual permit fee is required.
. $25.00 permit fee
. $10.00 appeal fee
Section
7-1
7-4
7-5
7-6
7-7
7-8
7-9
7-10
7-16
7-17
7-19
7-32
7-49
7-54
7-91
7-94
7-95
7-98
7-99
7 -1 00
Chapter 7 ANIMALS
June 23, 2004
Listing of changes from current code, July 2004.
Action
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
New
New
New
New
New
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
Repeal and rewrite
Repeal
Repeal
June 23, 2004
7 -101
Repeal
7 -1 02
Repeal
7-103
Repeal
All of Article VII
Repeal and rewrite
(including Article Title)
7 -116
Repea I a nd rewrite
7 -117
Repeal and rewrite
7 -118
Repeal and rewrite
7 -119
Repeal and rewrite
7 -120
Repeal and rewrite
7 -121
Repeal and rewrite
7-122
Repeal and rewrite
7 -123
New
7 -124
New
7-125
New
7 -136
Repeal
7 -137
Repeal
7 -138
Repeal and rewrite
7 -139
Repeal and Rewrite
7-140
Repeal and Rewrite
July 23, 2004
REWRITTEN SECTIONS - PROPOSED
Note: To be provided in ordinance format by City Attorney at July 26 City Commission
meeting for first reading.
Sec. 7 -1. Definitions.
The following words and phrases, when used in this chapter, shall have the meanings
respectively ascribed to them:
(1 )
(2)
(3)
(4 )
(5)
(6)
(7)
(8)
(9)
(10)
Animal means any live vertebrate creature, domestic or wild, other than humans,
and including all fowl.
Animal hospital means any facility which has the primary function of providing
medical and surgical care for animals and is operated by a currently licensed
veterinarian.
Animal shelter means the facility or facilities operated by the city or its authorized
agents for the purpose of impounding or caring for animals under the authority of
this chapter or state law.
Attack means violent or aggressive physical contact with a person or domestic
animal or violent or aggressive behavior that confines the movement of a person.
Bite means any penetration of the skin by teeth.
Cat means any member of the Felis Catus Family, male or female, regardless of
age.
Commercial animal establishment means any pet shop, grooming shop, auction
riding stable, guard dog service, kennel, hobby breeder, catterie, animal shelter
(other than that operated by the city animal hospital), business keeping animals
in stock or retail or wholesale trade, or any establishment performing one or more
of the principal activities of the aforementioned establishments.
Dog means any member of the Canis Familiaris, male or female, regardless of
age.
Enforcement Authority means the city manager, chief of police, animal control
supervisor and their respective designees.
Exotic animal means:
(a)
Any mammal not generally accustomed to live in or near human
populations.
(11 )
(12)
(13)
(14 )
(15)
(16)
(17)
July 23, 2004
(b)
Poisonous reptiles of any length. Non-poisonous reptiles over 8 feet in
length.
(c)
(d)
Poisonous arthropods (i.e., poisonous scorpions, poisonous spiders, etc.).
All non-human primates.
(e)
(f)
All animals protected from hunting and capture by federal and state law.
The definition of exotic animal shall also include, but is not limited to:
antelope, badgers, bears, bison, any member of the large cat family (lion,
cheetah, etc.), crocodilians, coyotes, deer, elephant, elk, game cock and
other fighting birds, hippopotami, hyenas, llama, moose, ostriches, pot-
bellied pigs, raccoons, rhinoceroses, skunks and wolves.
Fowl means any animal that is included in the zoological class Aves.
Harboring means any person who shall allow any animal to habitually remain or
lodge or be fed within his home, yard, enclosure, place of business or any other
premises where he resides or which he controls.
Health officer means the city-county health officer, or his authorized
representatives, including any employee of the city-county health department.
Hobby breeder means any person who owns more than fou r (4) but less than
twenty (20) purebred, registered dogs over the age of nine (9) months, which are
habitually boarded and lodged within the person's domicile or yard; and who,
furthermore, provides a fenced and/or totally enclosed exercise area; and
provided, furthermore, that such animals are, at all times, kept in the fenced or
enclosed area, except when under the personal and immediate control of the
owner. To be considered a hobby breeder, a person must be a member, in good
standing, of any national dog fancy association; and provided furthermore, that
the purpose and intent of breeding the animals is as a hobby and for the sale
improvement of the breed.
Humane live animal trap means any cage trap that upon activation encloses an
animal without placing any physical restraint upon any part of the body of such
animal.
Humanely euthanize means the proper injection of a substance that quickly and
painlessly terminates the life of an animal, or any method approved by the
American Veterinary Medical Association.
Inhumane or cruel treatment or manner means any treatment to any animal
which deprives the animal of necessary sustenance, including sufficient and
wholesome food, potable water and protection from weather, or any treatment of
(18)
(19)
(20)
(21 )
(22)
(23)
(24)
(25)
(26)
(27)
July 23,2004
any animal such as overloading, overworking tormenting, eating, mutilating or
teasing, or other abnormal treatment that causes suffering to such animal.
Large animal means any swine, bovine, goat, sheep, beast of burden or any
other domestic or wild animal of similar or larger size.
Microchip means a small electronic device inserted beneath the skin, between
the shoulder blades, of an animal which can be scanned for identification
purposes.
Neutered means any male or female cat or dog that has been permanently
rendered sterile.
Owner means the person owning, keeping, possessing or harboring any animal;
or any person who feeds or shelters any stray animal for seventy-two (72) or
more consecutive hours without reporting such animal to the animal shelter or
who professes ownership of such animal. If a juvenile owns an animal, then any
household head of which such juvenile is a member shall be deemed the owner
of such animal under this chapter and shall be responsible as the owner. If not a
member of a household, such juvenile shall be directly subject to the provisions
of this chapter.
Premises means any parcel of land and any structure thereon in which any
animal regulated by this chapter is housed and/or confined.
Registration tag means any system or animal identification approved by the city
which does not involve alteration or permanent marking of any animal.
Small animal means any animal not within the definition of large animal, but
including all dogs without reference to size.
Supervisor means the supervisor of animal control and his or her designees.
To permit means to allow, consent, let, to acquiesce by failure to prevent or to
expressly assent or agree to the doing of an act.
Wild animal means any animal which is predominately free-roaming as opposed
to domesticated, and includes those animals defined as exotic animals and any
rabies carrying species for which no antirabies vaccine has been approved by
the Centers for Disease Control.
Sec. 7 -4 Penalties.
Wherever in this chapter any act is prohibited or declared to be unlawful or the
performance of any act is required, or the failure to do any act is declared to be
unlawful, the violation of any provision of this chapter shall be punished by a fine of not
more than two-thousand five hundred dollars ($2,500.00), or by imprisonment for a
July 23, 2004
period not exceeding one (1) year, or by both such fine and imprisonment, at the
discretion of the Municipal Court Judge. Each day any violation of this chapter
continues shall constitute a separate offense.
Sec. 7-5 Animal attack or bite.
It is unlawful for any owner, as defined in this chapter, to permit or fail to prevent an
animal they own from the following, which are declared to be public safety nuisances
and prohibited:
(1 )
(2)
Attacking or biting any person or animal which is not on the premises of the
owner.
Attacking or biting any person on the premises of such owner. It shall be an
affirmative defense to this subparagraph that the use of such animal to attack or
bite any person was necessary to prevent or apprehend a person engaged in
committing an act of violence, robbery or theft upon the property.
Sec. 7 -6 Public nuisance dogs.
Any dog which has engaged in animal nuisance activity as defined in Section 7-49 of
this chapter may be determined to be a Public Nuisance Dog, and the owner required to
obtain a special permit in accordance with Section 7-121 of this chapter in order to keep
the dog within the city limits.
(a)
(b)
Judicial determination. The judge of the Municipal Court may, as part of a court
proceeding on a city ordinance violation or as a separate proceeding, determine
a dog is a Public Nuisance Dog. The court may require the dog to remain
designated as a Public Nuisance Dog for a specified period of time, or
alternatively, until such time as the supervisor of animal control finds the
designation is no longer needed to protect the public health, safety and welfare.
Administrative determination. The enforcement authority, through the supervisor
of animal control may, by administrative action, determine a dog is a Public
Nuisance Dog. This administrative determination may be appealed to the Animal
Control Advisory and Appeals Board. Any appeal shall be in writing and must be
received by the supervisor within five (5) days of the owner's receipt of the
administrative determination. Appeals shall be considered by a three (3)
member panel made up of members of the Animal Control Advisory and Appeals
Board. Any person dissatisfied with the decision of the appeal panel may bring
an action in district court to determine the reasonableness of the decision or
determination.
Sec. 7 -7 Dangerous dogs.
Any dog which has attacked or bitten a person or domestic animal may be determined
to be a Dangerous Dog, and the owner required to obtain a special permit in
July 23, 2004
accordance with Section 7-122 of this chapter in order to keep the dog within the city
limits. The determination may be made by the Judge of the Municipal Court as part of a
court proceeding on a city ordinance violation or as a separate proceeding. In
considering this determination, the judge shall take into consideration the severity of the
injury and circumstances of the incident. The judge shall take into consideration
whether the public heath, safety and welfare can be adequately protected by the
permitting, security and confinement standards for Dangerous Dogs, as an alternative to
a determination that the dog is a Vicious Dog under Section 7-8, with euthanasia
required.
No Dangerous Dog shall be offered for adoption by the Animal Shelter.
Sec. 7-8 Vicious dogs.
Any dog which has attacked or bitten and inflicted severe injury or death to a person or
domestic animal may be determined to be a vicious dog. A severe injury is a physical
injury which results in broken bones, lacerations requiring multiple sutures or cosmetic
surgery. Any dog trained or harbored for the purpose of animal fighting may be
determined a vicious dog.
(a)
Judicial determination. The Judge of Municipal Court may, as part of a court
proceeding on a city ordinance violation or as a separate proceeding, determine
a dog is a vicious dog.
(b)
Destruction of animal. When any dog is determined to be a vicious dog by the
Court, the Municipal Court Judge shall order the animal humanely euthanized.
Sec. 7 -9 Law enforcement and military dog exception.
The provisions of Sections 7-5; 7-6; 7-7; 7-8; 7-49; shall not apply to dogs when used
for authorized law enforcement or military purposes by a government agency or military
unit.
Section 7 -10 Future special permit required of certain owners.
Any owner who has failed to meet the owner responsibilities in Section 7-5 or 7 -49(a) of
this chapter related to animal attacks or animal nuisance activities, and who owns a dog
determined to be a Public Nuisance Dog, Dangerous Dog, or Vicious Dog under
Sections 7-6, 7-7 or 7-8 of this chapter, shall be required to obtain a special permit for
Public Nuisance Dog for any subsequent dog or dogs owned and kept in the city limits.
This requirement of the owner shall be in place for a five (5) year period from the date of
the judicial or administrative determination in Section 7-6, 7-7 or 7-8.
Section 7 -16 Animal Control Advisory and Appeals Board.
The Board of City Commissioners shall establish by resolution a citizen board to be
known as the Animal Control Advisory and Appeals Board. The Board shall have
July 23, 2004
specific duties as referenced in this chapter, as well as duties described by resolution.
In addition, the Board shall provide general advice and recommendations to the
Governing Body, City-County Board of Health and the Enforcement Authority related to
animal control issues.
Sec. 7 -17 Duties of the enforcement authority.
The city manager, chief of police and animal control supervisor shall be the enforcement
authority with the duty to administer and enforce all provisions of this chapter. The city
manager shall have authority to establish reasonable administrative regulations, policies
and procedures as needed to effectively carry out the spirit and intent of this chapter.
Sec. 7 -19 Enforcement procedures.
(a)
(b)
(c)
(d)
(e)
The enforcement authority and other employees assigned to them are authorized
to issue citations, summons, notices to appear or other methods required in law
and Municipal Court procedures to owners and other persons in violation of this
chapter.
The enforcement authority is hereby authorized to seize, impound and confine
any animal kept in violation of provisions of this chapter and at any time when
deemed necessary to protect the public health, safety and welfare. Such animal
shall be confined at the animal shelter or other suitable facility in a humane
manner. Such animal may be released to the owner when compliance with
provisions of this chapter is achieved, under procedures established for animal
recovery and when said release is consistent with protection of public health and
safety. Any reasonable costs incurred by the enforcement authority in seizing,
impounding and confining of any animal pursuant to this chapter shall be charged
against the owner of such animal and shall be subject to collection by any lawful
means.
The enforcement authority is hereby authorized to use humane live animal traps
to capture any animal whose presence on private or public property constitutes a
public nuisance or a threat to public safety, health and welfare.
Law enforcement officers and other persons designated by the enforcement
authority are authorized to use such force, including deadly force, as deemed
necessary against dangerous or vicious animals and animals presenting an
immediate threat to public health and safety.
It is unlawful for any person to interfere with a law enforcement officer or any
person designated by the enforcement authority in the carrying out of their
enforcement duties prescribed by this chapter.
July 23, 2004
Sec. 7 -32 Limitation on numbers of animals owned; impoundment authorized.
When animals in excess of any limits established in this chapter or under any permit or
license authorized in this chapter are found at any premises, all of the animals found at
the premises may be removed by the supervisor and impounded, except that the person
in charge of the premises may designate and retain up to those limits established by
law, regulation or under the license or permit.
Sec. 7 -49 Animal nuisance activities prohibited.
(a)
The owner of any animal shall take all reasonable measures to keep such animal
from becoming a nuisance. It shall be unlawful for the owner of any animal to
cause, permit or fail to exercise proper care and control to prevent such animal
from performing, creating or engaging in an animal nuisance activity. For the
purpose of this provision, "animal nuisance activity" is defined as any animal
which:
(1 )
(2)
(3)
(4 )
(5)
(6)
(7)
When unprovoked, chases or approaches a person or domestic animal in
a menacing fashion or apparent attitude of attack upon public property,
public rights-of-way, or private property owned by any person other than
the owner, or on the owner's property if the person is lawfully on the
property in the performance of public duties, including public utility, mail
delivery, or law enforcement purposes. Menacing shall mean the display
by an animal of a disposition, determination or intent to attack or inflict
injury or harm to a human being or other domestic animal, including
displays of growling, charging, lunging, snapping or biting;
When unprovoked, engages in a menacing behavior causing a person
lawfully on abutting or adjoining private or public property or rights of way
to reasonably believe the safety of the person is threatened. Particular
attention shall be paid to threatened safety of children. Such menacing
behavior may include displays of growling, snapping or biting, or behaviors
such as charging or lunging at or against a fence or other barrier
separating the owner's premises from other public or private property.
Attempts by an animal to cross outside the owners premises through, over
or under a fence or barrier may constitute menacing behavior;
Attacks or injures a person or other domestic animal;
Damages public or private property by its activities;
Scatters refuse that is bagged or otherwise contained; or
Causes any condition which threatens or endangers the health or well-
being of a person or other animal;
Is repeatedly running at large.
July 23, 2004
(b)
If a summons is issued charging violation of this section, a subpoena may also
be issued to a complainant, witness or other person to testify under oath as to
the animal nuisance activity.
Sec. 7 -54 Rabies vaccination of cats and dogs required.
Any person owning any cat or dog over one hundred twenty (120) days of age shall be
required to have such animal currently immunized against rabies. For the purpose of
this chapter, currently immunized or vaccinated against rabies shall mean that such cat
or dog has been inoculated against rabies by a licensed veterinarian. Written evidence
of vaccination shall be provided by the veterinarian, with such verification including both
the date of the inoculation, and the expiration date of the inoculation. When no
expiration date is provided by the issuing veterinarian, the expiration date shall be
considered to be thirty-six (36) months from the date of inoculation.
ARTICLE VI. STANDARD REGISTRATION OF CATS AND DOGS
Sec. 7 -91 Registration required.
It shall be the duty of any owner of a dog or cat over one hundred twenty (120) days of
age to register such cat or dog with the Salina-Saline County Health Department Animal
Shelter Division, and to renew such registration upon expiration. The registration period
shall begin on the date the rabies vaccination is given, or on the date the dog or cat was
first brought into the city, whichever is later. The registration period shall extend to the
expiration date of the rabies inoculation.
Sec. 7 -94 Procedure.
Registration shall be accomplished at the Salina Animal Shelter, or such other location
as administratively prescribed, at any time during the year that a cat or dog reaches the
age of required registration; at any time during the year an owner acquires a cat or dog
of required registration age; or within thirty (30) days after a person owning a cat or dog
moves into the city.
Sec. 7 -95 Issuance of standard license and registration.
The supervisor shall issue a license to the dog or cat owner upon presentation of a
certificate of rabies vaccination under as required Sec. 7-54 of this chapter, and
payment of the prescribed registration fees.
Sec. 7 -98 Tags.
(a) At the time of issuance of a certificate of standard registry for a cat or dog not
currently registered within the city, the supervisor shall deliver a registration tag
July 23,2004
bearing the registration number of the certificate. The tag shall be kept on the
animal as required in Section 7-47 of this chapter.
(b) A replacement for a lost, stolen or damaged tag during the registration period shall
be furnished for a fee as established by resolution.
(c) Upon change of animal ownership, any person acquiring any dog or cat currently
registered in Salina shall apply to the supervisor and may transfer such registration
with no additional fee charged.
(d) A new registration tag shall not be issued with each renewal, unless the previous
tag is lost, stolen, damaged or becomes unreadable.
ARTICLE VII. SPECIAL PERMIT AND LICENSING REQUIREMENTS.
Sec. 7 -116 Hobby breeders license.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
It shall be unlawful for any person to operate as a hobby breeder, as defined in
this chapter without being licensed for that activity. Application shall be made at
the Office of the City Clerk.
The City Manager shall establish application procedures and administrative
requirements for hobby breeder licensing.
Hobby breeders must be in full compliance with state laws and regulations
regarding hobby breeding and the pet Animal Act.
The criteria used in evaluation of a hobby breeder license application shall be the
same as for a Special Multiple Pet Permit, along with the additional requirements
of notice to adjacent property owners with an opportunity to comment prior to
license issuance.
Hobby breeder licenses shall be non-transferable. The license is specific to the
premises and applicant.
Hobby breeder licenses shall be annual licenses, expiring December 31 of each
year.
The license fee for a hobby breeder shall be established by resolution.
Sec. 7 -117 Commercial animal establishment license.
(a)
It shall be unlawful for any person, as owner or agent, to operate a commercial
animal establishment, as defined in this Chapter, without being licensed for that
activity as provided in this article. Application shall be made at the Office of the
City Clerk.
(b)
(c)
(d)
(e)
July 23, 2004
The City Manager shall establish application procedures and administrative
requirements for commercial animal establishment licensing.
The license fee for a commercial animal establishment shall be established by
resolution. No license fee shall be required of the public animal shelter, nor shall
any fee be required of any animal hospital.
Commercial animal establishment licenses shall be non-transferable. The
license is specific to the premises and the applicant.
Commercial animal establishment licenses shall be annual licenses expiring
December 31 of each year.
Sec. 7 -118 Conditions; approval or disapproval of applications.
(a)
(b)
(c)
The City Clerk may issue any special permit or license under Sections 7-116 or
7 -117 of this chapter with or without conditions. An applicant disagreeing with
the conditions of a permit or license may appeal to the City Manager.
An application denial may be recommended by the City Clerk or other authorized
official. The official shall make a report to the City Manager outlining reasons for
denial, including without limitation:
(1 )
The application contained false information, or the applicant withheld
su bsta ntive information.
(2)
The applicant had been convicted of an offense involving cruelty to
animals.
(3)
The applicant had been convicted of violation of federal, state or local laws
or regulations related to animals.
(4)
For other reasons related to protection of the public health, safety and
welfare.
The City Manager may deny an application for cause, or may approve conditions,
based on findings related to the above. Any decision by the City Manager for an
application for a license or permit required under Sections 7 -116 or 7-117 may be
appealed to the Board of Commissioners, by filing a notice of appeal with the City
Clerk, which appeal shall be heard by the Board of Commissioners within
fourteen (14) days. The Board of Commissioner's decision shall be final.
Sec. 7 -119 Revocation or suspension.
Any license or permit issued under Sections 7-116 or 117 of this chapter may be
revoked or suspended by the City Manager for violation of federal, state or city law or
July 23, 2004
regulation related to the premises or animals involved, or for failure to comply with the
terms or conditions of such license or permit. Any person aggrieved by the decision of
the City Manager regarding license or permit revocation or suspension may appeal the
decision to the Board of Commissioners by filing a notice of appeal with the City Clerk,
which appeal shall be heard by the Board of Commissioners within fourteen (14) days.
The Board of Commissioner's decision shall be final.
Sec. 7-120 Special multiple pet permit.
(a) It shall be unlawful for any person to own, keep or harbor more than four (4) dogs
at the same address or on the same premises without first obtaining a special
multiple pet permit. Hobby breeders and commercial animal establishments
licensed under this chapter shall not be required to obtain a separate special
multiple pet permit.
(b) Any person who desires to own, keep or harbor more than four (4) dogs shall apply
for a Special Multiple Pet Permit through the Salina Animal Shelter, on forms
provided by the supervisor.
(c) Upon receipt of an application, the supervisor shall inspect the applicant's property
to determine if the size, condition and facilities are adequate for keeping more than
four dogs. The criteria to be evaluated shall include, without being limited to, the
followi ng:
(1 )
(2)
(3)
(4 )
(5)
Whether the keeping of more than four dogs will likely create a general
public nuisance, animal nuisance, create excessive noise, or otherwise
disturb the peace, quiet and well-being of the surrounding neighborhood.
Whether the keeping of such dogs will likely cause offensive odors which
would create or cause unreasonable annoyance or discomfort to neighbors
or others in close proximity.
Whether the applicant, or any person who will share in the care, custody or
control of the dogs has previously violated any city or state laws, codes or
regulations pertaining to the care and control of dogs or the maintenance of
property.
Whether any conditions are likely to occur which threaten or endanger the
health or well being of persons, the dogs kept onsite, or other animals.
Whether the premises and facilities where the dogs are to be kept are
suitable for the keeping of more than four (4) dogs, and are adequately
lighted and ventilated and are so constructed and maintained so they can
be kept in a clean and sanitary condition.
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(d) The supervisor may issue a special multiple pet permit with or without conditions,
based on the result of his/her application review and site inspections. All
conditions in a special multiple pet permit are binding.
(e) A special multiple pet permit is non-transferable. The permit is specific to the
subject property and to the applicant.
(f)
A special multiple pet permit shall expire on December 31 of the current year. The
annual fee for a special pet permit shall be established by resolution.
Sec. 7-121 Public nuisance dog permit.
The keeping of a dog which has been determined to be a Public Nuisance Dog under
procedures established in this Chapter shall be subject to the following mandatory
requ irements:
1.
~ecial Permit Required. In addition to standard registration and licensing, a
special annual permit shall be required for keeping any Public Nuisance Dog. No
permit shall be granted except with such conditions attached as shall, in the
opinion of the enforcement authority, reasonably protect the public health, safety
and welfare. Permits shall only be issued to adults. A temporary permit may be
issued pending final disposition of the application. Final permits shall expire
twelve months after issuance, with renewal required at that time.
2.
ðQplication for Permit. An application for a Public Nuisance Dog permit shall be
made no later than five (5) days following the determination that a dog is a Public
Nuisance Dog pursuant to this Chapter. The application shall be on forms
provided by the city, with its form, content and submittal requirements to be
determined by the City Manager.
3.
Transfer of a Permit. A Public Nuisance Dog special permit may be transferred
to a new owner within the city limits. A transfer application must be completed by
both the current and prospective new owner, with a fee paid at the time of
application.
4.
Permit Fee. The fee for an initial permit, a renewal permit, or transfer of a permit
shall be as established by resolution.
5.
Standards and Requirements. The keeping of any specially permitted Public
Nuisance Dog in the city limits shall be subject to the following mandatory
requirements, in addition to compliance with all other state and local laws and
regulations:
(a)
Microchigping,. All Public Nuisance Dogs shall have an identification
microchip implanted in the dog. Such microchipping shall be
accomplished by a licensed veterinarian or by the Salina-Saline County
Animal Shelter as part of the special permitting process.
(b)
(c)
(d)
(e)
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Identification Photoqgphs. All owners of Public Nuisance Dogs shall
make available the dog during the special permit process in order to allow
the city to obtain digital photographs of the registered animal for
identification purposes.
Confinement. All Public Nuisance Dogs shall be securely confined
indoors, in a securely fenced yard, or secure pen or kennel. Confinement
conditions shall be included in the permit to address the specific nuisance
problems caused by that animal (e.g. menacing behavior; repeated
running at large, damage to property).
§pecial Collar. All Public Nuisance Dogs shall be required to wear a
special designated color collar at all times when not confined indoors. The
collar shall either be one issued by the city during the special permit
process, or one provided by the owner and approved by the city. The
Enforcement Authority shall designate the specific color required.
ReportinQ Requirements. All owners of specially permitted Public
Nuisance Dogs shall, within ten (10) days of the occurrence, report the
following in writing to the city:
(1 )
(2)
The removal of the dog from the city limits.
The death of the dog.
(3)
The new address of the premises where the dog is kept if the
owner moves within the city limits.
Sec. 7 -122 Dangerous dog permit.
The keeping of a dog which has been determined to be a Dangerous Dog under
procedures established in this Chapter shall be subject to the following mandatory
requirements:
(1 )
âPecial Permit Required. In addition to standard registration and licensing, a
special annual permit shall be required for keeping a Dangerous Dog. No permit
shall be granted except with such conditions attached as shall, in the opinion of
the enforcement authority, reasonably protect the public health, safety and
welfare. Permits shall only be issued to adults. A temporary permit may be
issued pending final disposition of the application.
(2)
Wlication for Permit. An application for a Dangerous Dog permit shall be made
no later than five (5) days following the determination that a dog is a Dangerous
Dog pursuant to this Chapter. The application shall be on forms provided by the
city, with its form, content and submittal requirements to be determined by the
City Manager.
July 23, 2004
Transfer of a Permit. A Dangerous Dog special permit may be transferred to a
new owner within the city limits. A transfer application must be completed by
both the current and prospective new owner, with a fee paid at the time of
application.
(3)
(4)
Permit Fee. The fee for an initial permit, renewal permit or transfer of a permit
shall be as established by resolution.
Standards and Requirements. The keeping of a specially permitted Dangerous
Dog in the city limits shall be subject to the following mandatory requirements, in
addition to compliance with all other state and local laws and regulations:
(5)
(a)
(b)
(c)
(d)
(e)
(f)
Leash Requirement Outside of Pen. No person shall permit a Dangerous
Dog to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four (4) feet in length. No person shall permit
a dangerous dog to be kept on a chain, rope or other type of leash outside
its kennel or pen unless an adult is in physical control of the leash. Such
dogs may not be leashed to inanimate objects such as trees, posts or
bu ild ings.
Confinement. All Dangerous Dogs shall be securely confined indoors or in
a secu rely enclosed and locked pen or kennel. Such pen or kennel must
meet administrative regulations for construction and location standards
established by the City Manager. All structures used to confine specially
permitted Dangerous Dogs must be locked by a key or combination lock
when such animals are within the structure.
Confinement Indoors. No Dangerous Dog may be kept on a porch, patio
or in any part of a house or structure that would allow the dog to exit such
building on its own volition.
Microchi(2JJing. All Dangerous Dogs shall have an identification microchip
implanted in the dog. Such microchipping shall be accomplished by a
licensed veterinarian or by the Salina-Saline County Animal Shelter as
part of the special permitting process. The applicant for a special permit
under this ordinance shall file proof of microchipping if it has already taken
place or is to be accomplished outside the permitting process.
Neutering. All Dangerous Dogs must be neutered, with documentation
provided from a veterinarian.
Siqns. All owners of Dangerous Dogs shall display in a prominent place
on their premises a sign easily readable by the public using the words
"Beware of Dog." In addition, a similar sign is required to be posted on the
kennel or pen of such animal.
(g)
(h)
(i)
U)
July 23, 2004
§.pecial Collar. All Dangerous Dogs shall be required to wear a special
designated color collar at all times when not confined indoors. The collar
shall be visibly on the dog when it is in the kennel or pen, or on a leash.
The collar shall be either one issued by the city during the special permit
process, or one provided by the owner and approved by the city. The
Enforcement Authority shall designate the specific color required.
Insurance. All owners of Dangerous Dogs shall have in effect public
liability insurance in a single incident amount of $100,000 for bodily injury
to or death of any person or persons or for damage to property owned by
any person which may results from the ownership, keeping or
maintenance of such Dangerous Dog. At the time of initial application for
a special permit, the owner, keeper or harborer must present proof of the
required insurance. At the time of subsequent registration renewal, the
owner, keeper or harborer shall show proof of the required insurance for
the present registration period and proof that there was continuous
insurance coverage throughout the period of the prior special permit year.
In the event the required insurance is canceled, lapsed or for any other
reason becomes non-enforceable, the owner, keeper or harborer shall be
in violation of the provisions of this ordinance. The owner, harborer or
keeper shall notify the city within ten (10) days of any cancellation, lapse
or non-enforceability of this insurance, and provide proof substitute
coverage has been obtained. The insurance may be in the form of a
special liability policy or a standard homeowner's or renter's insurance
policy from a Kansas licensed insurer which includes liability coverage.
Identification Photo9@Phs. All owners of Dangerous Dogs shall make
available the dog during the special permit process in order to allow the
city to obtain digital photographs of the registered animal for identification
pu rposes.
Reporting Requirements. All owners of specially permitted Dangerous
Dogs shall, within ten (10) days of the occurrence, report the following
information in writing to the city.
(1 )
The removal from the city limits or death of a specially permitted
Dangerous Dog.
(2)
(3)
The death of a specially permitted Dangerous Dog.
The new address where the Dangerous Dog is kept or harbored,
should the owner move within the city limits.
Sec. 7 -123 Permit denial, renovation and reinstatement.
Special permits under Sections 7-119,7-120 and 7-121 of this chapter shall be subject
to the following:
(a)
(b)
(c)
(d)
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Withholding or falsifying information on an application shall be grounds for denial
or revocation of such permit by the Enforcement Authority.
Any permit issued shall be subject to revocation in the event such permittee fails
to comply with the terms and conditions of the permit or related requirements in
this chapter.
Any person whose license is revoked shall, within five (5) days thereafter
surrender the permitted animal to the supervisor, who shall determine its
disposition. No part of the permit fee shall be refunded.
The enforcement authority may reinstate a permit when deemed to be in the
public interest.
Sec. 7 -124 Removal of special permit requirement.
Unless the court has directed otherwise annually at the time of renewal consideration
for a permit issued under Section 7-120, an owner may request a review and
determination as to whether the dog should no longer be classified as a Public
Nuisance Dog and subject to special permit requirements. A request for determination
review and decision shall be in writing, on forms and including information established
by administrative regulation. A determination review fee shall be charged, as
established by resolution.
Sec. 7 -125 Appeal of permit action.
Administrative actions, determinations and decisions of the Enforcement Authority
related to issuance, denial or revocation of a special permit under Sections 7-120, 7-121
and 7-122 of this chapter may be appealed to a three member panel of the Animal
Control Advisory and Appeals Board. Appeals shall be in writing and received by the
supervisor no later than five (5) days following notice of the action or determination. An
appeal fee shall be charged as established by resolution. Any person aggrieved by the
decision of the appeal panel may bring an action in district court to determine the
reasonableness of any such action or determination.
Sec. 7 -138 Impoundment; notification of owner; holding period.
(a)
(b)
Animal control personnel shall make reasonable efforts to identify the owner of
any impounded animal, and to notify the owner of its impoundment and the
conditions under which the animal can be recovered.
Any impounded animal not recovered by its owner within a holding period of
three (3) days shall become the property of the city and may be offered for
adoption or humanely euthanized, subject to the following exceptions:
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(1 )
When any animal is voluntarily given to the city by its owner to be offered
for adoption or humanely euthanized;
(2)
When any animal not having proper identification arrives at the shelter in
such a condition that, in the judgement of the supervisor, compassion
requires that such animal be promptly and humanely euthanized.
Sec. 7 -139 Procedure and fees for recovery of animals.
Any owner of an impounded animal shall be entitled to recover such animal if, within the
prescribed holding period, the owner appears to claim the animal and makes payment
of required fees and any veterinary expenses. Fees shall be established by action of
the City-County Board of Health. No animal may be released to the owner if such
release would be inconsistent with protection of public health and safety.