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80-8794 AnimalsORDINANCE NUMBER 80-8 (Published in The Salina Journal Jl -ne- 13 , 1980) AN ORDINANCE PERTAINING TO THE CONTROL AND PROTECTION OF ANIMALS, AMENDING ARTICLES I AND II OF CHAPTER 8 OF THE SALINA CODE AND REPEALING THE EXISTING ARTICLES. THIS ORDINANCE SHALL BE KNOWN AND MAY BE CITED AS THE "SALINA ANIMAL CONTROL AND PROTECTION ORDINANCE". WHEREAS, it is the intent of the Board of Commissioners that enactment of this ordinance will protect persons from annoyance and injury, will protect animals from neglect and abuse, and will discourage the excessive multiplication of animals, for which there is no possibility of care and protection, with attendant burden on the community, SO NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That Chapter 8 of the Salina Code is hereby amended to read as follows: "Chapter 8 SALINA ANIMAL CONTROL AND PROTECTION Article I. DEFINITIONS "Section 8-1. Definitions. II Sec. 8-1(1). Anima Z. Any live, vertebrate creature, domestic or wild, other than humans, and including all fowl. Sec. 8-1(2). Animal HospitaZ. Any facility which has the primary function of providing medical and surgical care for animals and is operated by a currently licensed veterinarian. Sec. 8-1(3). Animal SheZter. The facility or facilities operated by Salina, Kansas, or its authorized agents for the purpose of impounding or caring for animals under the authority of this Chapter or State Law. Sec. 8-1(4). Cat. Any member of the Felis Catus Family, male or female, regardless of age. Sec. 8-1(5). Catterie. Any establishment where more than four (4) purebred cats, registered under any nationally recognized cat fancy group, society, or association, are kept as a hobby or profit, where the breeding of such animals is for the improvement of the breed, and where such cats are kept in a specific, indoor, enclosed area at all times. Any catterie owner shall reside only in "A-1" (Agricultural), "1-2" (Light Industrial), and "I-3" (Heavy Industrial) Zoning Districts of the city, except that any person operating a catterie in any residential Zoning District of the city at the time of the adoption of this Chapter shall be permitted to continue catterie operation at such location, provided that such catterie is continuously licensed with the City from June 1, 1980 onward. Sec. 8-1(6). Chief of PoZice. The duly appointed, highest ranking officer in charge of the Salina Police Department or his authorized representatives. Sec. 8-1(7). Commercial AnimaZ EstabZishment. 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 for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments. Sec. 8-1(8). Dog. Any member of the Canis Familiaris, male or female, regardless of age. Sec. 8-1(9). FowZ. Any animal that is included in the zoological class Aves. Sec. 8-1(10). Health Officer. The City -County Health Officer, or his authorized representatives, including any employee of the City - County Health Department. Sec. 8-1(11). Hobby Breeder. Any person who owns more than four (4) purebred dogs over five (5) months of age; where such dogs are habitually lodged or fed within such person's house, or premises for the purpose of improving the breed, and who raises no more than two (2) litters of pups per year. A hobby breeder may reside only in "A-1" (Agricultural), "1-2" (Light Industrial), or "1-3" (Heavy Industrial) Zoning Districts of the City, except that any hobby breeder residing in any residential Zoning District of the City at the time of adoption of this Chapter shall be permitted to continue operation at such location, provided that the hobby breeder is continuously licensed with the City from June 1, 1980 onward. Sec. 8-1(12). Household. All persons living in the same dwelling unit. Sec. 8-1(13). Humane Officer. Any staff person employed at the City Animal Shelter. Sec. 8-1(14). Humane Live AnimaZ Trap. Any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal. Sec. 8-1(15). HumaneZy Euthanize. 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. Sec. 8-1(16). Inhumane or CrueZ Treatment or Manner. 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 any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment that causes suffering to such animal. Sec. 8-1(17). Kennel. Any premises upon which five (5) or more cats and dogs are kept, boarded, bred, trained for a fee, bought, and/or sold, except for Commercial Animal Establishments otherwise enumerated in this Chapter. Any kennel shall be located only in "A-1" (Agricultural), "1-2" (Light Industrial), or "I-3" (Heavy Industrial) Zoning Districts of the City, except that any person operating a kennel for cats or dogs in any residential Zoning District of the City at the time of adoption of this Chapter shall be permitted to continue kennel operation at such location, provided that such kennel is continuously licensed with the City from June 1, 1980 onward. Sec. 8-1(18). Large AnimaZ. Any swine, bovine, goat, sheep, beast of burden or any other domestic or wild animal of similar or larger size. Sec. 8-1(19). Neutered. Any male or female cat or dog that has been permanently rendered sterile. Sec. 8-1(20). Own or Owner. Any person who feeds or shelters any unowned animal for twenty-four (24) or more consecutive hours or w professes ownership of such animal, shall be deemed to be owning. If a minor owns an animal, then any household head of which such minor is a member shall be deemed the owner of such animal under this Chapter and shall be responsible as the owner, whether or not such household head is himself/herself a minor. If not a member of a household, such minor shall be directly subject to the provisions of this Chapter. Sec. 8-1(21). Person. An individual, firm, association, joint- stock company, syndicate, partnership, or corporation. Sec. 8-1(22). Premises. Any parcel of land and any structure(s) thereon in which any animal regulated by this Chapter is housed and/or confined. Sec. 8-1(23). Proper Tatoo. A legible, indelibly -marked Social Security number fixed upon the upper, inner right thigh of a cat or dog by the humane insertion of pigment under the skin. Sec. 8-1(24). Registration Tag. Any system of animal identification approved by the City Clerk which does not involve alteration or permanent marking of any animal. Sec. 8-1(25). SmaZZ Anima Z. Any animal not within the definition of Large Animal, but including all dogs without reference to size. Sec. 8-1(26). Summons. A violation notice requiring the violator to appear before the Municipal Judge, or in lieu of such appearance, to pay such fine as is prescribed in this Chapter. Sec. 8-1(27). Supervisor. The use of this title throughout this Chapter shall be a reference to the Supervisor of Animal Control and Protection and any or all Humane Officers assigned to work under the direct control of the Supervisor of Animal Control and Protection who may act through staff to perform any duty under this Chapter unless otherwise specifically stated. Sec. 8-1(28). WiZd Anima Z. Any animal which is predominately free -roaming as opposed to domesticated. "Sections 8-2 - 8-11. Reserved. Article II. ADMINISTRATION AND ENFORCEMENT Division 1. Administration "Section 8-12. Duties of the City Manager. Except where otherwise provided, it shall be the duty of the City Manager, through the Chief of Police and the Supervisor, to administer and enforce the provisions of this Chapter directly or through staff assigned to be supervised by said Supervisor. The Supervisor shall keep a record of all Animal Shelter transactions and all enforcement and investigative activities conducted by the Supervisor and Humane Officers. "Section 8-13. Duty of the Police Department. It shall be the duty of Police Department Officers to enforce the provisions of this Chapter and any regulations issued by the Health Officer, and to assist the Supervisor in enforcing the provisions of this Chapter. "Section 8-14. Duties of the Health Officer. It shall be the duty of the Health Officer to administer and enforce the public health provisions of this Chapter directly or through staff assigned to be supervised by said Officer. The Health Officer shall issue standing and/or emergency regulations for rabies control; zoonosis control; the control or elimination of animal pests; and animal bite procedures that the Officer finds necessary to protect the public health, which regulations shall be filed with the City Clerk, the Supervisor, and the Chief of Police. Division 2. Enforcement "Section 8-15. Enforcement procedures. Sec. 8-15(1). The Supervisor, the Health Officer, and Chief of Police are hereby authorized to issue a summons to the owner of any animal in violation of any provision of this Chapter, or any regulation issued by the Health Officer. Such person may retain possession of the animal if it is the belief of the Officer issuing such summons that such possession is not in conflict with any other provision of this Chapter. Sec. 8-15(4). Any animal that has bitten a person may be removed from the property of its owner by the Supervisor, the Health Officer, or Chief of Police if such animal is in violation of examination or observation requirements prescribed by regulation of the Health Officer Sec. 8-15(5). The Supervisor, the Health Officer, and the Chief of Police are hereby authorized to use humane live animal traps to capture any animal whose presence on private or public property constitutes a nuisance to persons or a threat to the public health or the health of domestic animals. Sec. 8-15(6). It is unlawful for any person to interfere with the duty of the Supervisor, the Chief of Police, or the Health Officer by removing, or causing to be removed, the identification tag of any cat or dog without the consent of the owner thereof; refusing to identify himself/herself upon the request of an Enforcement Officer, when such officer has probable cause to believe that such person has violated this Chpater; or in any other manner preventing the lawful discharge of enforcement duties prescribed by this Chapter. ''Sections 8-16 - 8-25. Reserved. ARTICLE III. RESTRICTIONS ON THE OWNING OF ANIMALS ''Section 8-26. Prohibited owning; Exemptions. Sec. 8-26(1). The owning or 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 U. S. 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, its history of attack or wounding of persons, the seriousness of these attacks or wounds, and 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. Sec. 8-26(2). 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. Sec. 8-15(2). The Supervisor, the Health Officer, and Chief of Police are hereby authorized to take up and impound any animal in violation of any provision of this Chapter or any regulation issued by the Health Officer, if the person owning such animal cannot be issued a summons because such person is not known or not present. Such animal shall be confined at the Animal Shelter in a humane manner and shall be released upon satisfactory proof that the party claiming the animal is entitled to possession thereof, and upon payment to the Supervisor of all recovery fees established by resolution. Sec. 8-15(3). In the interest of animal welfare, any person owning any animal in the City by so doing does thereby authorize the Supervisor, the Health Officer, or Chief of Police to enter upon private property, other than within any residence, where such animal is kept, if the Officer has probable cause to believe the animal is being kept in a cruel or inhumane manner, for the purpose of examining such animal and impounding such animal at the Animal Shelter when, in said examiner's opinion, it is being kept in an unlawfully cruel or inhumane manner. Sec. 8-15(4). Any animal that has bitten a person may be removed from the property of its owner by the Supervisor, the Health Officer, or Chief of Police if such animal is in violation of examination or observation requirements prescribed by regulation of the Health Officer Sec. 8-15(5). The Supervisor, the Health Officer, and the Chief of Police are hereby authorized to use humane live animal traps to capture any animal whose presence on private or public property constitutes a nuisance to persons or a threat to the public health or the health of domestic animals. Sec. 8-15(6). It is unlawful for any person to interfere with the duty of the Supervisor, the Chief of Police, or the Health Officer by removing, or causing to be removed, the identification tag of any cat or dog without the consent of the owner thereof; refusing to identify himself/herself upon the request of an Enforcement Officer, when such officer has probable cause to believe that such person has violated this Chpater; or in any other manner preventing the lawful discharge of enforcement duties prescribed by this Chapter. ''Sections 8-16 - 8-25. Reserved. ARTICLE III. RESTRICTIONS ON THE OWNING OF ANIMALS ''Section 8-26. Prohibited owning; Exemptions. Sec. 8-26(1). The owning or 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 U. S. 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, its history of attack or wounding of persons, the seriousness of these attacks or wounds, and 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. Sec. 8-26(2). 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. Sec. 8-26(3). No livestock, including but not limited to horses, mules, cattle, sheep, goats, and 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 Governing Body. 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 fly - breeding or rat -infested area, the Health Officer shall have the authority to revoke such special permit within ten (10) days after notifying the Governing Body. Sec. 8-26(4). 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 8-27. Limitation on numbers of animals owned; Exemptions. Sec. 8-270). After June 1, 1980, it shall be unlawful for any person in charge of a residence to own more than four (4) dogs or four (4) cats, or any combination of such animals exceeding four (4) in number, over the age of ninety (90) days at such residence unless the residence or all of the dogs and cats kept there are within one or more of the following exemptions: (a) The residence is licensed as a Commercial Animal Establishment (b) The residence is zoned "A-1" (Agricultural), "1-2" (Light Industrial), or "1-3" (Heavy Industrial). (c) All of the dogs and cats over ninety (90) days of age kept at the residence are registered as required under this Chapter and the person in charge of the residence upon the request of the Supervisor, the Health Officer, or Chief of Police, presents for inspection, the certificates of registry for all such animals showing continuous registration for all such animals from June 1, 1980, onward. Sec. 8-27(2). After June 1, 1980, it shall be unlawful for any person in charge of a residence to own more than fifteen (15) domestic chickens. Sec. 8-27(3). Any kennel, catterie, or hobby breeding establishmen shall be limited in size to no more than twenty (20) animals over four (4) months of age. Sec. 8-27(4). When animals in excess of the limits established in this Section are found at a residence, all of the animals found at the residence may be removed by the Supervisor and impounded, except that the person in charge of the residence may designate and retain up to those limits established in this Section. "Section 8-28. Location of yard housing for animals. It shall be unlawful for any person to maintain any chicken coop, pigeon cote, or rabbit hutch closer than fifty (50) feet to the nearest portion of any building occupied by or in anywise used by any person, other than the dwelling occupied by the owner of the animals. Any yard housing for animals shall be subject to the maintenance requirements prescribed in Section 8-51 of this Chapter, and any yard enclosure shall be so constructed and maintained that any animal kept therein is securely confined and prevented from escaping therefrom. "Sections 8-29 - 8-38. Reserved 1 Article IV. RESPONSIBILITIES OF PERSONS OWNING ANIMALS ''Section 8-39. Animal care requirements and prohibition of animal cruelty. Sec. 8-39(1). It shall be unlawful cruelty to animals for any person to own any animal and: (a) 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) Abandon or leave any animal in any place. For the purpose of this provision, ''abandon'' means for the owner or keeper to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than twelve (12) hours without providing for adequate food, potable water, and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded; or (c) Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability, or death to such animal. Sec. 8-39(2). Any animal impounded for being kept in violation of this Section or Section 8-62(1) of this Chapter may be humanely euthanized by the Supervisor if he/she deems it necessary to relieve suffering. The owner of any animal that is not euthanized shall be entitled to regain custody of such animal only after such custody is authorized by the court. All expenses accrued for the treatment or care of such animal shall be paid by the owner, whether or not he/she seeks to regain custody of such animal. ''Section 8-40. Proper identification of cats and dogs required. It shall be unlawful for any person owning any cat or dog to permit such animal to be outside the residence structure of such owner without a current city registration tag attached to the collar or harness of such animal. It shall be unlawful for any person to permit a city registration or rabies vaccination tag to be worn by any animal other than the animal for which such tag is issued. ''Section 8-41. Running at large prohibited; Exemptions. It shall be unlawful for the owner of any animal to permit such animal to run at large within the city at any time. Any animal shall be deemed running at large when such animal is not inside a residence structure, secure fence, or pen; on a leash held by a person capable of controlling such animal; or tethered in such a manner as to prevent its getting onto public rights-of-way or another's property. This provision shall not apply to dogs being obedience -trained, to domestic pigeons, or to cats, which shall, however, be kept under reasonable restraint to prevent such nuisance activities as are prohibited in Section 8-42. ''Section 8-42. Animal nuisance activities prohibited. The owner of any animal shall take all reasonable measures to keep such animal from becoming a nuisance. For the purpose of this provision, ''nuisance'' is defined as any animal which: (a) Molests or interferes with persons in the public right-of- way; (b) Attacks or injures persons, or other domestic animals. (c) Damages public or private property by its activities or with its excrement; (d) Scatters refuse that is bagged or otherwise contained; (e) Causes any condition which threatens or endangers the health or well-being of persons or other animals. If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath. "Section 8-43. Excessive animal noise prohibited. It shall be unlawful for the owner of any animal to permit such animal to make excessive noise that disturbs a neighbor. The following definitions and conditions shall apply to this provision: Sec. 8-43(1). The phrase, "excessive noise" shall mean any animal noise which is so loud and continuous or untimely as to disturb the sleep or peace of a neighbor. Sec. 8-43(2). The term, "neighbor" shall mean any person residing in a residence structure which is within one hundred (100) yards of the property on which the animal is owned. Sec. 8-43(3). If a summons is issued charging violation of this provision, a subpoena shall also be issued to the disturbed neighbor(s) to testify to the disturbance under oath. "Section 8-44. Proper confinement of cats and dogs in heat required. The owner of any female cat or dog shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building except when out upon such person's premises briefly for toilet purposes. "Section 8-45. Special registration of guard dogs and posting of premises required. Sec. 8-45(1). Any person owning a trained guard dog (for the purpose of this provision, meaning a dog used to guard public or private property) in the city shall register such dog with the Supervisor, who shall verify that such animal is controllable by its keeper and is confined in a manner that will not endanger persons not on the premises guarded. Sec. 8-45(2). A conspicuous notice shall be posted on the premises where any guard dog is kept to warn persons of the nature of the dog therein confined. Sec. 8-45(3). Any person operating a guard dog service in the city shall register such business with the Supervisor and shall list all premises to be guarded with the Supervisor before such service begins. "Section 8-46. Annual registration of cats and dogs required; Exemption. Any person owning any cat or dog over one hundred twenty (120) days of age shall annually register such cat or dog as prescribed in Sections 8-73 through 8-81 of this Chapter, except for persons who shall be required to license as a Commercial Animal Establishment under the controls and provisions of Sections 8-94 through 8-96. ''Section 8-47. 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 dog has been inoculated against rabies by a licensed veterinarian within the past twenty-four (24) months and such cat has been inoculated against rabies by a licensed veterinarian within the past twelve (12) months. However, dogs under one (1) year of age which are inoculated must receive a second rabies inoculation within twelve (12) months. This provision shall not apply to any catterie breeder duly licensed under the provisions of this Chapter. ''Section 8-48. Animals in public places prohibited; Exemptions. No animal shall be allowed to enter any theatre, store, or other public building in the city, whether accompanied by its owner or person in charge or otherwise, except with the approval of the building's owner or manager. Dogs trained to assist the blind or deaf are exempt from this provision. ''Section 8-49. Removal of animal feces required. The owner of any animal, when such animal is off the owner's property, shall be responsible for the removal of any feces deposited by such animal on public walks, streets, recreation areas, or private property and it shall be a violation of this provision for such owner to fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defecation occurred. ''Section 8-50. Owner shall meet requirements for reporting animal bites. Any owner of any animal shall also meet any requirements for the reporting of animal bites, the confinement of animals that have bitten persons, or any other duties prescribed by the Health Officer through regulations issued to protect the public health. ''Section 8-51. Proper maintenance of animal yard structures and pens required. Sec. 8-51(1). It shall be unlawful for any person to keep or maintain any animal in any yard structure or area that is not clean, dry, and sanitary; free from debris and offensive odors that annoy any neighbor; and devoid of rodents and vermin. Sec. 8-51(2). Excrement shall be removed daily from any pen or yard area where animals are kept and, if stored on the premises of any animal owner, shall be stored in adequate containers with fly -tight lids. Sec. 8-51(3). All animal pens and yards shall be so located that Sec. 8-51(5). All premises on which animals are kept shall be subject to inspection by the Health Officer. If the Health Officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he shall notify the owner of the animals in writing to correct the sanitation deficiencies within twenty-four (24) hours after notice is served on him/her. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected. adequate drainage is obtained, normal drying occurs, and standing water is not present. Sec. kept shall 8-51(4). All earthen be spaded, then limed yards or runways wherein chickens are once every three (3) months from the month of April through the month of December. All structures or pens wherein chickens are kept shall be sprayed to control flies and other insects. Sec. 8-51(5). All premises on which animals are kept shall be subject to inspection by the Health Officer. If the Health Officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he shall notify the owner of the animals in writing to correct the sanitation deficiencies within twenty-four (24) hours after notice is served on him/her. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected. "Sections 8-52 - 8-61. Reserved. Article V. ANIMAL PROTECTION RESPONSIBILITY OF ALL PERSONS "Section 8-62. Animal protection responsibility of all persons. Sec. 8-62(1). No person shall willfully and wantonly kill, beat, curelly ill-treat, torment, overload, overwork, or otherwise abuse any animal, or cause, instigate or permit any dog fight, cock fight, or other combat between animals or between animals and humans, nor shall any person attend such unlawful exhibition or be umpire or judge at such. Sec. 8-62(2). The operator of a motor vehicle which strikes any animal shall, as soon as possible, report the accident to the Superviso or the Police Department. Sec. 8-62(3). No person shall offer to give any live animal as a prize or as a business inducement. Sec. 8-62(4). It shall be unlawful for any person to sell within the city any animal whose owning is prohibited by this Chapter or to sell or display any animal that has been artificially dyed or colored. Chicks or rabbits younger than eight (8) weeks of age may not be sold or offered for sale in quantities of fewer than five (5) to an individual purchaser. Sec. 8-62(5). No person shall expose any known poisonous substanc whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose, on his own property, poison mixed with only vegetable substances. Sec. 8-62(6). It shall be unlawful for any person to use a spring steel trap in the city limits except rat and mice traps. Sec. 8-62(7). It shall be unlawful for any person to willfully kill any songbird or to molest the nest of such birds. Sec. 8-62(8). No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he or she is not the owner for more than twenty-four (24) hours without first reporting the possession of such animal to the Supervisor. "Section 8-63 - 8-72. Reserved. Article VI. REGISTRATION OF CATS AND DOGS "Section 8-73. Annual registration required. It shall be the duty of any person owning in the city any cat or dog over one hundred twenty (120) days of age to register such cat or dog with the City Clerk, or his designee, and to renew such registratio annually. The City Clerk may delegate authority to the Supervisor to enforce any Sections of this Chapter requiring registration. "Section 8-74. Exemptions to annual registration. Any other Section of this Chapter notwithstanding, the registratio provision of this Section, shall not apply to any non-resident owner of any cat or dog while such person is passing through the city, provided such cat or dog shall remain on a leash or otherwise effectively restrained while within the city. "Section 8-75. Registration fees; Exemptions. Sec. 8-75(Z). The annual registration fees for cats and dogs shall be determined by resolution. Sec. 8-75(2). As proof of neutering and/or tatooing, an applicant shall present to the City Clerk a validation signed by a licensed veterinarian. Sec. 8-75(3). No registration fee shall be charged to any owner of a dog trained as being used as a seeing eye or hearing dog. "Section 8-76. Procedure for registration. Registration shall be accomplished at the Office of the City Clerk, either in person or by mail, at any time during the year that a cat or dog reaches the age of required registration, at any time during the year that an owner acquires a cat or dog of required registration age, or within thirty (30) days after a person owning a cat or dog of required registration age moves into the city. "Section 8-77. City Clerk to issue license. The City Clerk shall issue a license to said owner upon presentation of: (a) a certificate of vaccination issued by a licensed veterinaria within the prescribed time period prior to the date of registration [Section 8-471; and (b) Payment of the prescribed registration fees. "Section 8-78. Receipt constitutes certificate of registry. The receipt issued for the registration shall constitute a certificate of registry and evidence of authorization for the keeping of such cat or dog within the City, for one (1) year following the date of issuance. "Section 8-79. All cats and dogs shall be registered in name of household head. All cats and dogs so owned in any household shall be registered in the name of the same household head. "Section 8-80. Registration tags. Sec. 8-80(1). At the time of the issuance of any certificate of registry, the City Clerk shall deliver therewith a registration tag bearing the registration number of such certificate. The tag shall be kept on the animal as required in Section 8-40 of this Chapter. Sec. 8-80(2). A replacement tag shall be furnished by the City Clerk to any registrant upon application satisfactory to the Clerk and payment of a fee to be established by resolution. Sec. 8-80(3). Upon change of animal ownership, any person acquiring any cat or dog currently registered with the city shall apply to the City Clerk to transfer such registration to his/her name and no fee shall be charged. "Section 8-81. Registration assistance by veterinarians and registration records. Any veterinarian practicing within the city, upon the examination or treatment of any cat or dog that is required by this Chapter to be registered but whose owner cannot validate current registration, shall issue to the owner of such animal a registration application and instructions for accomplishing such registration by mail. The Clerk Clerk shall provide to all veterinarians the aforementioned registratio forms upon request by such veterinarians. "Section 8-82. City Clerk to maintain file of registry certificates. The City Clerk shall keep on file a copy of all certificates of registry issued within the preceding thirty-six (36) months. Such certificates shall include, but not be limited to, the following information: The owner's name, address, and telephone number; an alternate telephone number; a description of the cat or dog, including name, breed, color, age, weight, sex and neutered or unneutered status; notation of proper tatoo marking, if applicable; the number of the registration certificate and tag issued; and the expiration date of the registration. "Section 8-83. City Clerk to provide duplicate records to Supervisor. The City Clerk shall provide duplicate registration records to the Supervisor, which shall include monthly reports of new registration and reports of licenses issued to Commercial Animal Establishments. "Sections 8-84 - 8-93. Reserved. Article VII. LICENSING OF COMMERCIAL ANIMAL ESTABLISHMENTS "Section 8-94. Annual licensing required; Fees. It shall be unlawful for any person, either as owner or agent, representative, employee, or bailee of an owner, to operate a Commercial Animal Establishment without being licensed for that activity. Any person desiring to obtain or annually renew a license to operate a Commercial Animal Establishment shall file an application with the City Clerk and pay the appropriate fee, as prescribed by resolution. "Section 8-95. License regulations; Exemptions. Sec. 8-95(1). No license fee shall be required of the Animal Shelter. Sec. 8-95(2). No license fee shall be required of any animal hospital. "Section 8-96. Procedure for licensing. Upon the receipt of the license application and fee, the City Clerk shall refer such application to the Health Officer, who shall investigate the premises and file a written report and recommendation with the City Clerk. If the application is approved by the Health Officer, the City Clerk shall issue the applicant a license to operate the activity under such consitions as the Health Officer shall specify in the report. "Section 8-97. Expiration of license. All licenses shall expire one (1) year from the date of issuance. Licensees shall be advised by written notice of the City Clerk sixty (60) days prior to the license expiration date, for the purpose of license renewal. The licensee shall then apply to the City Clerk for license renewal at least thirty (30) days prior to the license expiration date to assure continuous licensing. "Section 8-98. First license for Commercial Animal Establishment. Any person for the first time beginning to operate a Commercial Animal Establishment shall pay the applicable license fee at least thirty (30) days prior to the start of such operation. "Section 8-99. License not transferrable. Licenses for Commercial Animal Establishments shall not be transferrable. "Sections 8-100 - 8-109. Reserved. Article VIII. LICENSE AND REGISTRATION DENIAL, REVOCATION, AND REINSTATEMENT "Section 8-110. License and registration denial, revocation, and reinstatement. Sec. 8-110(1). Withholding or falsifying information on a license or registration application shall be grounds for denial or revocation of such license or registration. Sec. 8-110(2). Any person having been denied a license or registration may not reapply for a period of thirty (30) days. Each reapplication shall be accompanied by a fee established by resolution. Sec. 8-110(3). No person who has been convicted of cruelty to animals shall be issued a registration or a license. Sec. 8-110(4). It shall be a condition of the issuance of any license or registration that the Health Officer shall be permitted to inspect all animals and all premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the license or registration. Sec. 8-110(5). Any license or registration issued shall be subject to revocation in the event such licensee or registrant shall fail to comply with the terms and conditions of such license or registration, or if the activity licensed becomes a nuisance, health hazard, or detriment to the safety and welfare of residents of the city. Sec. 8-110(6). Any person whose license or registration is revoked shall, within ten (10) days thereafter surrender any animal owned or kept to the Supervisor, who shall determine its disposition, and no part of the license or registration fee shall be refunded. Sec. 8-110(7). Any person aggrieved by the denial or revocation of a license or registration may appeal to the governing body of the city, which body may either issue, reinstate, or affirm the denial of such license or registration. "Sections 8-111 - 8-120. Reserved. Article IX. IMPOUNDMENT, RECOVERY, AND ADOPTION OF ANIMALS AT THE ANIMAL SHELTER "Section 8-121. Notification of capture and impoundment. Upon the taking and impoundment of any cat or dog wearing a current city registration or rabies vaccination tag or having a proper tatoo marking, the Supervisor shall notify the owner of such animal of its impoundment and conditions under which the animal can be recovered. Such notice shall be given by telephone or in writing within forty- eight (48) hours of the impoundment of such animal. "Section 8-122. Owner of impounded animal may be processed against for violation of any applicable section or sections. The owner of any impounded animal who does not recover such animal may still be processed against for violation of any applicable Section or Sections of this Chapter. "Section 8-123. Period for holding animals. Sec. 8-123(1). The owner of any impounded cat or dog properly identified as prescribed in Section 8-121 of this Chapter shall be given five (5) business days to recover such animal. The owner of any impounded cat or dog not so identified shall be given three (3) business days to recover such animal. Exemptions to these holding periods shall be authorized when: (a) Any cat or dog is given to be disposed of by its owner; (b) Any owner, upon notification of impoundment, declares his/her intention not to recover such animal; or (c) Any cat or dog 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. 8-123(2). The owner of any animal given to the Supervisor to be disposed of shall be required to make payment of a fee establishe by resolution. Sec. 8-123(3). Any cat or dog not recovered by its owner within the prescribed holding period shall become the property of the City of Salina and may be adopted, transferred to a duly incorporated Humane Society, or humanely euthanized. "Section 8-124. Procedure and fees for recovery of animals. Sec. 8-124(1). Any owner of an impounded dog or cat shall be entitled to recover such animal if, within the prescribed holding period, such person shall appear to claim such animal and shall make payment of the required fees. The required fees shall be established by resolution. Sec. 8-124(2). If an owner cannot validate current rabies immunication for his/her animal, then such owner shall, within three (3) business days, accomplish such vaccination with a licensed veterinarian or shall be issued a summons for violation of this provision. Sec. 8-124(3). Any owner of any cat or dog impounded more than one (1) time within a twelve (12) month period shall be responsible for paying all applicable fees, and shall be issued a summons. "Section 8-125. Procedure and fees for adopting animals. Sec. 8-125(1). Any cat or dog not recovered by its owner within the prescribed holding period may be offered for adoption by a new adult owner. Sec. 8-125(2). The Supervisor shall collect such fees for animal adoption as are established by resolution. Sec. 8-125(3). Such rabies vaccination as is prescribed in Section 8-124(2) of this Chapter shall also be required. Sec. 8-125(4). If any dog or female cat is under six (6) months of age, or any male cat is under ten (10) months of age, such owner shall agree in writing to return such animal at a specified place and date for neutering. Such owner shall be required to have such animal currently rabies immunized by a licensed veterinarian before neutering. Any neutering fee shall be forfeited by any owner who fails to accomplish such neutering within thirty (30) days after the specified neutering date. "Section 8-126 - 8-135• Reserved. Article X. OTHER ANIMAL CONTROL AND PROTECTION SERVICES "Section 8-136. Removal and disposal of dead animals. Sec. 8-136(1). The Supervisor shall be responsible for the removal of any dead animal found within the city, except as otherwise provided in this Section. In this Section the term, 'dead animal' shall exclude any animal lawfully and humanely killed for food. Sec. 8-136(2). No person having in his/her possession any dead animal shall permit the same to remain in or upon any private or public place without at once, upon the death or the discovery of the animal, giving notice to the Supervisor. Sec. 8-136(3). At large, dead animals shall be removed and appropriately disposed of by the owner or proprietor of the premises promptly after the death or discovery of such animal. If not so removed or properly disposed of, such animal shall be removed by the Supervisor at actual cost to the property owner or proprietor. Sec. 8-136(4). Except as prescribed in Section 8-136(5) of this Section, any small, dead animal upon private property shall be removed by the Supervisor as soon as possible after notice is given. For the occasional removal of small animals from private premises, there shall be no charge. Sec. 8-136(5). For the removal of small, dead animals from animal hospitals, the animals shall be reported to the Supervisor and held under conditions satisfactory to the Supervisor pending pickup. The charge for such removal shall be established by resolution. "Section 8-137. Emergency treatment of sick or injured cats and dogs. Sec. 8-137(1). Any sick or injured cat or dog found at large in the city and wearing a current city registration or rabies vaccination tag or having a proper tatoo marking shall be taken at once by the Supervisor or the Chief of Police to a veterinarian for examination and treatment, and the owner of such animal shall be promptly notified. All charges for veterinary services shall be borne by such owner. Sec. 8-137(2). Any sick or injured cat or dog found at large in the city without such identifying tag or tatoo shall be examined at once by the Supervisor and held at the Animal Shelter as prescribed in Section 8-123 of this Chapter. "Section 8-138 - 8-147. Reserved. Article XI. PENALTIES "Section 8-148. Penalties. Sec. 8-148(1). 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. Sec. 8-145(2). Any person issued a summons for any of the following Sections of this Chapter: Section 8-40. Proper identification of cats and dogs required. Section 8-41. Animals running at large prohibited. Section 8-42. Animals nuisance activities prohibited. Section 8-43. Excessive animal noise prohibited. Section 8-47. Rabies vaccination of cats and dogs required. Section 8-73. Annual registration of cats and dogs required. may settle our of court by making the following payment prior to the court date set on the summons: A. First Offense - $15.00 B. Second Offense - $30.00 Sec. 8-148(3). Any person issued a summons for any of the following Sections of this Chapter: Section 8-27. Limitation on numbers of animals owned; exemptions. Section 8-39. Animal care requirements and prohibition of animal cruelty. Section 8-44. Proper confinement of cats and dogs in heat required. Section 8-51. Proper maintenance of animal yard structures and pens required. Section 8-62(1). Animal protection responsibility of all persons. Section 8-94. Annual 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: A. First offense - $50.00 B. Second offense - $100.00 Sec. 8-148(4). 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. Sec. 8-148(5). 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. Sec. 8-148(6). 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/she had violated the standing regulations of the Health Officer shall not be permitted to waive trial or settle the instant alleged offense by mail. "Sections 8-149 - 8-158. Reserved. Article X11. CONFLICTING ORDINANCES AND SEVERABILITY "Section 8-159. Conflicting codes and severability. Sec. 8-159(1). All other codes of the City of Salina that are in conflict with this Chapter are hereby repealed to the extent of such conflict. Sec. 8-159(2). If any part of this Chapter shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Chapter. "Sections 8-160 - 8-169. Reserved." Section 2. That the existing Chapter 8 of the Salina Code is hereby repealed. 1 Section 3. This ordinance shall take effect and be in full force from and after its adoption and publication once in the official city newspaper. (SEAL) ATTEST: S&,LIle-,-' Wt D. L. Harrison, City Clerk Introduced: May 12, 1980 Passed: June 2, 1980 Dan S. Geis, Mayor