02-10102 AnimalsC1111a,ld S111
(Published in the Salina Journal on August i 2002)
ORDINANCE NUMBER 02-10102
AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-5 OF THE
SALINA CODE PERTAINING TO DANGEROUS OR VICIOUS ANIMALS,
AND REPEALING EXISTING SECTION 7-5.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 7-5 of Chapter 7 of the Salina Code is hereby amended to
read as follows:
"Sec. 7-5. Dangerous or vicious animals.
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. If it is determined by the chief of police that an animal presents a danger
to persons, such determination shall be grounds for immediate impoundment of the
animal pending the determination by the court of whether the animal is to be
declared vicious. Costs of the impoundment shall be assessed to the animal owner, as
defined in this chapter.
(a) Prohibited. It is unlawful for any owner, as defined in this chapter,
who keeps any animal within the city limits to fail to prevent such
animal from the following, which are declared to be public nuisances
and prohibited:
(1) attacking or biting any person or animal that is not upon the
premises of the owner.
(2) attacking or biting any person or animal that is upon the
premises of the residence 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.
(3) attacking or biting any person or animal upon the premises of
any business establishment when such animal is kept by the
owner within or upon such premises. It is 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.
(b) Exception. The provisions of subsection (a) shall not apply to any law
enforcement officer who uses or employs a dog while engaged in law
enforcement activities, nor to any owner of any dog which attacks or
bites a person engaged in physically attacking or striking such owner.
(c) Complaint and notice to appear.
(1) Any person who witnesses or has other personal knowledge
that an act or acts made unlawful by the provisions of this
section have been committed in violation of said provisions
may sign a complaint against the alleged violator.
(2) Any police officer or humane officer of the city is authorized
to issue a uniform complaint and notice to appear to any
person when the officer personally observes a violation of the
provisions of this section or when information is received
Consali9eletl-Saone
from any person who has personal knowledge that an act or
acts which are made unlawful by the provisions of this section
have occurred.
(d) Ex parte hearings and court orders. The municipal court of the city is
authorized to hold ex parte (without notice to or the presence of the
owner of the animal) hearings to determine whether there are
reasonable grounds to believe that an animal may constitute a danger
to any person or persons if not impounded. If, after the hearing, the
court finds reasonable grounds exist, the court is authorized to enter
orders either on its own motion or on the motion of the city prosecutor
or the city prosecutor's authorized representative, to seize and
impound (or continue the impoundment of) the animal until the
completion of all trial and legal proceedings held in the municipal
court of the city to determine whether there has been a violation of
this section. If an animal is ordered to be impounded pursuant to this
subsection, the owner of the animal shall be entitled to a hearing in
the municipal court within fourteen (14) days of impoundment to
review the propriety of the impoundment. Costs of the impoundment
shall be assessed to the owner of the animal.
(e) Destruction of animal. Upon an initial conviction of this section, if the
municipal court judge finds that the animal represents a continuing
threat of serious harm to human beings or other domestic animals, he
may order the animal humanely euthanized. Upon a second or
subsequent conviction of this section involving the same animal as
involved in the prior conviction, the judge shall order that the animal
be humanely euthanized."
Section 2. That the existing Sections 7-5 is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk
Introduced: August 26, 2002
Passed: August 26, 2002
4�stin'M. aton, Mayor