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