02-10101 Animalsc-Ildalld S1111
(Published in the Salina Journal on August312002)
ORDINANCE NUMBER 02-10101
AN ORDINANCE AMENDING CHAPTER 7 OF THE SALINA CODE
BY ADDING SECTION 7-45 AND AMENDING EXISTING SECTIONS 7-4,
7-48 AND 7-49, ALL PERTAINING TO ANIMALS, AND REPEALING
EXISTING SECTIONS 7-4, 7-48, 7-49.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 7-4 of Chapter 7 of the Salina Code is hereby amended to
read as follows:
"Sec. 7-4. Penalties.
(a) Wherever, in this chapter, any act is prohibited or is declared to be unlawful
or the performance of any act is required or the failure to do any act is
declared to be unlawful and no specific penalty or penalty range is provided
by another subsection of this section, the violation of any provision in this
chapter shall be punished by a fine of not more than five hundred dollars
($500.00), or by imprisonment for a period not exceeding six (6) months, or
by both such fine and imprisonment, at the discretion of the court. Each day
any violation of this chapter continues shall constitute a separate offense.
(b) Any person issued a summons for any of the following sections of this
chapter:
Sec. 7-47. Proper identification of cats and dogs required
Sec. 7-48. Running at large prohibited; exemptions — when not also charged
with a violation of Sec. 7-49 Animal nuisance activities prohibited occurring
during the running at large.
Sec. 7-50. Excessive animal noise prohibited
Sec. 7-54. Rabies vaccination of cats and dogs required
Sec. 7-91. Registration of cats and dogs required
may settle out of court by making the following payment prior to the court
date set on the summons:
(1) First offense: $25.00.
(2) Second offense: $50.00.
(c) Any person issued a summons for any of the following sections of this
chapter:
Sec. 7-32. Limitation on numbers of animals owned; exemptions
Sec. 7-51. Proper confinement of cats and dogs in heat required
Sec. 7-58. Proper maintenance of animal yard structures and pens required
Sec. 7-116. Licensing of commercial animal establishments required
may settle out of court by making the following payment in person or by mail prior
to the court appearance date prescribed on the summons:
(1) First offense: $50.00.
(2) Second offense: $100.00.
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(d) In the event settlement is made out of court, and receipt given therefor, the
person committing such offense shall be deemed to have pleaded nolo
contendere and no prosecution for the alleged offense for which the alleged
offender has so settled shall be thereafter instituted or maintained in
municipal court.
(e) If the alleged offender fails to pay the requisite fine or fails to appear in court
on the date set by the summons, then a warrant shall be issued for the arrest
of the alleged offender.
(f) If the alleged offender shall have previously twice settled out of court and/or
been convicted of such offense, he/she shall not be permitted to settle the
current alleged offense out of court, but shall be required to stand trial in
municipal court. Also, any person given a summons because he had violated
the standing regulations of the health officer shall not be permitted to waive
trial or settle the instant alleged offense by mail.
(g) Any person convicted of five (5) or more violations of the provisions of this
chapter shall be prohibited from owning any animal within the city."
Section 2. That Article IV of Chapter 7 of the Salina Code is amended by adding
new Section 7-45, as follows:
"Sec. 7-45. Duty of all animal owners to be responsible owners.
It shall be the positive duty of every owner of any animal or anyone having
an animal in possession or custody, to exercise reasonable care and to take all
necessary steps and precautions to protect other people, property and animals from
injury or damage which might result from their animal's behavior. In the event that
the owner or keeper of any animal is a juvenile, the parent or guardian of such
juvenile shall be responsible to ensure compliance with all provisions of this
chapter."
Section 3. That Section 7-48 of Chapter 7 of the Salina Code is hereby amended to
read as follows:
"Sec. 7-48. Duty to keep animal from running at large.
Every owner shall ensure that the animal is kept under restraint and that
reasonable care and precautions are taken to prevent the animal from leaving, while
unattended, the premises of its owner. It shall be unlawful for any owner to fail to
prevent such animal from running at large within the City at any time. Any animal
shall be deemed running at large when such animal is not:
(a) inside a resident structure, secure fence or pen; or
(b) on a leash held by a person controlling such animal; or
(c) tethered in such a manner as to prevent its crossing outside the
premises of the owner onto public property, public right-of-way, or
private property owned by any person other than the owner.
This provision shall not apply to pigeons or to cats, which shall, however, be kept
under reasonable restraint to prevent nuisance activities as are prohibited by this
Article."
Section 4. That Section 7-49 of Chapter 7 of the Salina Code is hereby amended to
read as follows:
"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) When unprovoked, chases or approaches a person or domestic animal
upon public property, public rights-of-way, or private property,
owned by any person other than the owner, in a menacing fashion or
apparent attitude of attack. 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;
(2) 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;
(3) Attacks or injures persons or other domestic animals;
(4) Damages public or private property by its activities;
(5) Scatters refuse that is bagged or otherwise contained; or
(6) Causes any condition which threatens or endangers the health or well
being of persons or other animals;
(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."
Section 5. That the existing Sections 7-4, 7-48, and 7-49 are hereby repealed.
Section 6. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Introduced: August 19, 2002
Passed: August 26, 2002
4stin M. Se on, Mayor
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk