90-9371 AnimalsK,hn-Cox P, t,,g — 5a1 a. ---
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(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
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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.
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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
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(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
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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
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(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."
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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
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Passed: February 12, 1990
Xep 4.Warnere, Mayor