Loading...
90-9371 AnimalsK,hn-Cox P, t,,g — 5a1 a. --- �J 1 1 (Published in The Salina Journal February /i, 1990) ORDINANCE NUMBER 90-9371 AN ORDINANCE AMENDING SECTIONS 7-1, 7-4, 7-16, 7-31, 7-46, 7-47, 7-50, 7-58, 7-76, 7-78, 7-99, 7-136, 7-138, 7-139 OF THE SALINA CODE PERTAINING TO ANIMALS AND REPEALING THE EXISTING SECTIONS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 7-1 of the Salina Code is hereby amended to read as follows: "Section 7-1. Definitions. The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them: 7-1.1 Animal means any live, vertebrate creature, domestic or wild, other than humans, and including all fowl. 7-1.2 Animal hospital means any facility which has the primary function of providing medical and surgical care for animals and is operated by a currently licensed veterinarian. 7-1.3 Animal shelter means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law. 7-1.4 Cat means any member of the Felis Catus Family, male or female, regardless of age. 7-1.5 Catterie means 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), 111-2" (light industrial), and "1-3" (heavy industrial) zoning districts of the city, except that any person operation 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. 7-1.6 Chief of Police means the duly appointed, highest ranTing o fuer in charge of the police department or his authorized representatives. 7-1.7 Commercial animal establishment means any pet shop, grooming shop, auction, riding stable, guard dog service, kennel, hobby breeder, catterie, animal shelter, other than that operated by the city, animal hospital, business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments. I., Pooling — Salina, Kansas 1 1 1 7-1.8 Dog means any member of the Canis Familiaris, male or female, regardless of age. 7-1.9 Fowl means any animal that is included in the zoological class Aves. 7-1.10 Health officer means the city -county health officer, or his authorized representatives, including any employee of the city -county health department. 7-1.11 Hobby breeder means any person who owns more than four (4) but less than twenty (20) purebred, registered, dogs over the age of nine (9) months, which are habitually boarded and lodged within the person's domicile or yard: and who, furthermore, provides a fenced and/or totally enclosed exercise area; and provided, furthermore, that such animals are, at all times, kept in the fenced or enclosed area, except when under the personal and immediate control of the owner. To be considered a hobby breeder, a person must be a member, in good standing, of any national dog fancy association; and provided furthermore, that the purpose and intent of breeding the animals is as a hobby and for the sole improvement of the breed. 7-1.12 Household means all persons living in the same dwelling unit. 7-1.13 Humane live animal trap means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal. 7-1.14 Humane officer means any staff person employed at the city animal shelter. 7-1.15 Humanely euthanize means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any method approved by the American Veterinary Medical Association. 7-1.16 Inhumane or cruel treatment or manner means any treatment to any animal which deprives the animal of necessary sustenance, including sufficient and wholesome food, potable water and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment that causes suffering to such animal. 7-1.17 Kennel means 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), 111-2" (light industrial) , or "1 -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. 7-1.18 Large animal means any swine, bovine, goat, eep, st of burden or any other domestic or wild animal of similar or larger size. 7-1.19 Neutered means any male or female cat or dog that has been permanently rendered sterile. 1 1 1 7-1.20 Owner means any person who feeds or shelters any stray animal for seventy-two (72) or more consecutive hours without reporting such animal to the animal shelter or who professes ownership of such animal. If a 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 a minor. If not a member of a household, such minor shall be directly subject to the provisions of this chapter. 7-1.21 Premises means any parcel of land and any structure thereon in which any animal regulated by this chapter is housed and/or confined. 7-1.22 Proper tattoo means a legible, indelibly -marked number corresponding to a system approved by the health officer. 7-1.23 Registration tag means any system of animal identification approved by the city clerk which does not involve alteration or permanent marking of any animal. 7-1.24 Small animal means any animal not within the definition of large animal, but including all dogs without reference to size. 7-1.25 Summons means 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. 7-1.26 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. 7-1.27 Wild animal means any animal which is predominately free -roaming as opposed to domesticated, and includes any rabies carrying species for which no anti -rabies vaccine has been approved by the Centers for Disease Control." Section 2. That Section 7-4 of the Salina Code is hereby amended to read as follows: "Section 7-4. Penalties. (a) Wherever, in this chapter, any act is prohibited or is declared to be unlawful or the performance of any act is required or the failure to do any act is declared to be unlawful and no specific penalty or penalty range is provided by another subsection of this section, the violation of any provision in this chapter shall be punished by a fine of not more than five hundred dollars ($500.00) , or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment, at the discretion of the court. Each day any violation of this chapter continues shall constitute a separate offense. -111 Cox Printing — S11.111 K311111 1 1 1 (b) Any person issued a summons for any of the following sections of this chapter: Sec. 7-47. Proper identification of cats and dogs required Sec. 7-48. Running at large prohibited; exemptions Sec. 7-49. Animal nuisance activities prohibited Sec. 7-50. Excessive animal noise prohibited Sec. 7-54. Rabies vaccination of cats and dogs required Sec. 7-91. Registration of cats and dogs required may settle out of court by making the following payment prior to the court date set on the summons: (1) First offense: $25.00; (2) Second offense: $50.00. (c) Any person issued a summons for any of the following sections of this chapter: Sec. 7-32. Limitation on numbers of animals owned; exemptions Sec. 7-51. Proper confinement of cats and dogs in heat required Sec. 7-58. Proper maintenance of animal yard structures and pens required Sec. 7-116. Licensing of commercial animal establishments required may settle out of court by making the following payment in person or by mail prior to the court appearance date prescribed on the summons: (1) First offense: $50.00; (2) Second offense: $100.00. (d) In the event settlement is made out of court, and receipt given therefor, the person committing such offense shall be deemed to have pleaded nolo contendere and no prosecution for the alleged offense for which the alleged offender has so settled shall be thereafter instituted or maintained in municipal court. (e) If the alleged offender fails to pay the requisite fine or fails to appear in court on the date set by the summons, then a warrant shall be issued for the arrest of the alleged offender. (f) if the alleged offender shall have previously twice settled out of court and/or been convicted of such offense, he/she shall not be permitted to settle the current alleged offense out of court, but shall be required to stand trial in municipal court. Also, any person given a summons because he had violated the standing regulations of the health officer shall not be permitted to waive trial or settle the instant alleged offense by mail. (g) Any person convicted of five (5) or more violations of the provisions this chapter shall be prohibited from owning any animal within the city." Kinn -Cox Pnning — S1..11 K11111 1 1 Section 3. That Section 7-31 of the Salina Code is hereby amended to read as follows: "Section 7-31. Prohibited owning: exemptions. (a) The owning of 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 United States 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 or to other domestic animals, its history of attack or wounding of persons or other domestic animals, the seriousness of these attacks or wounds, or its potential to inflict wounds in the future. Such declaration shall be grounds for the impoundment and humane euthanizing of the animal unless, without danger to the public, the animal can be and is removed from the city within forty-eight (48) hours. If it is determined by the chief of police that an animal presents a danger to persons, such determination shall be grounds for impoundment of the animal pending the determination by the court of whether the animal is to be declared vicious. (b) 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. (c) No livestock, including but not limited to horses, mules, cattle, sheep, goats, or 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 board of commissioners. 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 flybreeding or rat -infested area, the health officer shall have the authority to revoke such special permit within ten (10) days after notifying the board of commissioners. (d) 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 4. That Section 7-46 of the Salina Code is hereby amended to read as follows: "Section 7-46. Animal care requirements and prohibition of animal cruelty. (a) It shall be unlawful cruelty to animals for any person to own any animal and: (1) 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 �J 1 1 (2) 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 (3) 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. (b) Any animal impounded for being kept in violation of this section or section 7-71 may be humanely euthanized by the supervisor if he 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 seeks to regain custody of such animal." Section 5. That Section 7-47 of the Salina Code is hereby amended to read as follows: "Section 7-47. 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 and a current rabies vaccination 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 6. That Section 7-50 of the Salina Code is hereby amended to read as follows: "Section 7-50. Excessive animal noise prohibited. It shall be unlawful for the owner of any animal to permit such animal to make noise which is so loud or continuous that it disturbs a person of normal sensibilities. If a summons is issued charging violation of this section, a subpoena shall also be issued to the person who has been disturbed to testify to the disturbance under oath." Section 7. That Section 7-58 of the Salina Code is hereby amended to read as follows: "Section 7-58. Proper maintenance of animal yard structures and pens required. (a) 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. NU Co P-1"— Salina, Kansas (b) Excrement shall be removed daily from any yard area where animals are kept and if stored premises of any animal owner, shall be stored in a containers with fly -tight lids. (e) 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. Upon the second such notice within a twelve (12) month period, the owner shall be issued a summons for violation of this section. 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." "Section 7-76. Spring steel traps restricted. It shall be unlawful for any person to use a spring steel trap in the city limits except rat, mice, gopher and mole traps. Retention of animals unlawfully. No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he is not the owner for more than twenty-four (24) hours without first reporting the possession of such animal to the animal shelter; nor shall any person feed or shelter any unowned animal for seventy two (72) or more consecutive hours without reporting such animal to the animal shelter." That Section II "Section 7-99. Reaistration 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 article 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 shall provide to all veterinarians the aforementioned registration forms. Additionally, any such veterinarian shall forward monthly to the health officer a copy of the rabies vaccination certificate for any cat or dog owned by a Salina resident which has been vaccinated within the prior month, or substantially the same information in an alternative format deemed suitable by the health officer." (c) All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present. (d) All earthen yards or runways wherein chickens are kept shall be spaded, then limed 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. (e) 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. Upon the second such notice within a twelve (12) month period, the owner shall be issued a summons for violation of this section. 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." "Section 7-76. Spring steel traps restricted. It shall be unlawful for any person to use a spring steel trap in the city limits except rat, mice, gopher and mole traps. Retention of animals unlawfully. No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he is not the owner for more than twenty-four (24) hours without first reporting the possession of such animal to the animal shelter; nor shall any person feed or shelter any unowned animal for seventy two (72) or more consecutive hours without reporting such animal to the animal shelter." That Section II "Section 7-99. Reaistration 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 article 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 shall provide to all veterinarians the aforementioned registration forms. Additionally, any such veterinarian shall forward monthly to the health officer a copy of the rabies vaccination certificate for any cat or dog owned by a Salina resident which has been vaccinated within the prior month, or substantially the same information in an alternative format deemed suitable by the health officer." 1 1 1 Section 11. That Section 7-136 of the Salina Code is hereby amended to read as follows: "Section 7-136. 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 tattoo 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. Any owner so notified who fails to reclaim such animal within twenty-four (24) hours of such notice shall be issued a summons for failure to reclaim." Section 12. That Section 7-138 of the Salina Code is hereby amended to read as follows: "Section 7-138. Period for holding animals. Any impounded cat or dog not recovered by its owner within a holding period of three (3) business days shall become the property of the city and may be offered for adoption or humanely euthanized, subject to the following exceptions: (1) When any cat or dog is given to the City by its owner to be offered for adoption or humanely euthanized; (2) When 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." Section 13. That Section 7-139 of the Salina Code is hereby amended to read as follows: "Section 7-139. Procedure and fees for recovery of animals. (a) 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. (b) If an owner cannot validate current rabies immunization for his 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 section. (c) Any owner of any cat or dog impounded more than one time within a twelve (12) month period shall be responsible for paying all applicable fees, and shall be issued a summons. (d) The owner of any animal given to the city to be offered for adoption or humanely euthanized shall be required to make payment of a fee established by resolution." in-Lox N ting — Saline. Kansas Section 14. That the existing Sections 7-1, 7-4, 7-16, 7-31, 7-46, 7-47, 7-50, 7-58, 7-76, 7-78, 7-99, 7-136, 7-138, 7-139 of the Salina Code are hereby repealed. Section 15. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: February 5, 1990 [SEAL] ATTEST: Jacqueline Shiever, City Clerk 1 1 Passed: February 12, 1990 Xep 4.Warnere, Mayor