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04-10223 Animals(Published in the Salina Journal on August fa, 2004) ORDINANCE NUMBER 04-10223 AN ORDINANCE AMENDING CHAPTER 7 OF THE SALINA CODE PERTAINING TO ANIMALS. BE IT ORDAINED by the Governing Body of Salina, Kansas: Section 1. That Section 7-1 of Chapter 7, Article I of the Salina Code is hereby amended to read as follows: "Sec. 7-1. Definitions. The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them: (1) Animal means any live vertebrate creature, domestic or wild, other than humans, and including all fowl. (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. (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. (4) Attack means violent or aggressive physical contact with a person or domestic animal or violent or aggressive behavior that confines the movement of a person. (5) Bite means any penetration of the skin by teeth. (6) Cat means any member of the Felis Catus Family, male or female, regardless of age. (7) Commercial animal establishment means any pet shop, grooming shop, auction riding stable, guard dog service, kennel, animal breeder, catterie, animal shelter (other than that operated by the city animal hospital), business keeping animals in stock or retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments. (8) Dog means any member of the Canis Familiaris, male or female, regardless of age. (9) Enforcement Authority means the city manager, chief of police, animal control supervisor and their respective designees. (10) Exotic animal means: (a) Any mammal not generally accustomed to live in or near human populations. (b) Poisonous reptiles of any length. Non-poisonous reptiles over 8 feet in length. (c) Poisonous arthropods (i.e., poisonous scorpions, poisonous spiders, etc.). (d) All non -human primates. (e) All animals protected from hunting and capture by federal and state law. (f) The definition of exotic animal shall also include, but is not limited to: antelope, badgers, bears, bison, any member of the large cat family (lion, cheetah, etc.), crocodilians, coyotes, deer, elephant, elk, game cock and other fighting birds, hippopotami, hyenas, llama, moose, ostriches, pot-bellied pigs, raccoons, rhinoceroses, skunks and wolves. (11) Fowl means any animal that is included in the zoological class Aves. (12) Harboring means any person who shall allow any animal to habitually remain or lodge or be fed within his home, yard, enclosure, place of business or any other premises where he resides or which he controls. (13) Health officer means the city -county health officer, or his authorized representatives, including any employee of the city -county health department. (14) Hobby breeder means any person who owns five or more dogs kept on a premises within the city limits, and the total number of litters born of the dogs exceeds two (2) in any twelve month period, with the offspring offered for sale. (15) 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. (16) 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. (17) 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, eating, mutilating or teasing, or other abnormal treatment that causes suffering to such animal. (18) Large animal means any swine, bovine, goat, sheep, beast of burden or any other domestic or wild animal of similar or larger size. (19) Microchip means a small electronic device inserted beneath the skin, between the shoulder blades, of an animal which can be scanned for identification purposes. (20) Neutered means any male or female cat or dog that has been permanently rendered sterile. (21) Owner means the person owning, keeping, possessing or harboring any animal; or 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 juvenile owns an animal, then any household head of which such juvenile is a member shall be deemed the owner of such animal under this chapter and shall be responsible as the owner. If not a member of a household, such juvenile shall be directly subject to the provisions of this chapter. (22) Premises means any parcel of land and any structure thereon in which any animal regulated by this chapter is housed and/or confined. (23) Registration tag means any system or animal identification approved by the city which does not involve alteration or permanent marking of any animal. (24) Small animal means any animal not within the definition of large animal, but including all dogs without reference to size. (25) Supervisor means the supervisor of animal control and his or her designees. (26) To permit means to allow, consent, let, to acquiesce by failure to prevent or to expressly assent or agree to the doing of an act. (27) Wild animal means any animal which is predominately free -roaming as opposed to domesticated, and includes those animals defined as exotic animals and any rabies -2- carrying species for which no antirabies vaccine has been approved by the Centers for Disease Control." Section 2. That Section 7-4 of Chapter 7, Article I of the Salina Code are hereby amended to read as follows: "Sec. 7-4. Penalties. Wherever in this chapter any act is prohibited or declared to be unlawful or the performance of any act is required, or the failure to do any act is declared to be unlawful, the violation of any provision of this chapter shall be punished by a fine of not more than two - thousand five hundred dollars ($2,500.00), or by imprisonment for a period not exceeding one (1) year, or by both such fine and imprisonment, at the discretion of the Municipal Court Judge. Each day any violation of this chapter continues shall constitute; a separate offense." Section 3. That Section 7-5 of Chapter 7, Article I of the Salina Code are hereby amended to read as follows "Sec. 7-5. Animal attack or bite. It is unlawful for any owner, as defined in this chapter, to permit or fail to prevent an animal they own from the following, which are declared to be public .safety nuisances and prohibited: (1) Attacking or biting any person or animal which is not on the premises of the owner. (2) Attacking or biting any person on the premises of such owner. It shall be an affirmative defense to this subparagraph that the use of such animal to attack or bite any person was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery or theft upon the property." Section 4. That Section 7-6 of Chapter 7, Article I of the Salina Code its hereby amended and reads as follows: "Sec. 7-6. Public nuisance dogs. Any dog which has engaged in animal nuisance activity as defined ill Section 7-49 of this chapter may be determined to be a Public Nuisance Dog, and the owner required to obtain a special permit in accordance with Section 7-121 of this chapter in order to keep the dog within the city limits. (a) Judicial determination. The judge of the Municipal Court may, as part of a court proceeding on a city ordinance violation or as a separate proceeding, determine a dog is a Public Nuisance Dog. The court may require the dog to remain designated as a Public Nuisance Dog for a specified period of time, or alternatively, until such time as the supervisor of animal control finds the designation is no longer needed to protect the public health, safety and welfare. (b) Administrative determination. The enforcement authority, through the supervisor of animal control may, by administrative action, determine a dog is a Public Nuisance Dog. This administrative determination may be appealed to the Animal Control Advisory and Appeals Board. Any appeal shall be in writing and must be received by the supervisor within five (5) days of the owner's receipt of the administrative determination. Appeals shall be considered by a three (3) member panel made up of members of the Animal Control Advisory and Appeals Board. Any person dissatisfied with the decision of the appeal panel may bring an action in district court to determine the reasonableness of the decision or determination." Section 5. That Section 7-7 of Chapter 7, Article I of the Salina Code is hereby amended to read as follows: "Sec. 7-7. Dangerous dogs. Any dog which has attacked or bitten a person or domestic animal may be determined to be a Dangerous Dog, and the owner required to obtain a special permit in accordance with -3- Section 7-122 of this chapter in order to keep the dog within the city limits. The determination may be made by the Judge of the Municipal Court as part of a court proceeding on a city ordinance violation or as a separate proceeding. In considering this determination, the judge shall take into consideration the severity of the injury and circumstances of the incident. The judge shall take into consideration whether the public heath, safety and welfare can be adequately protected by the permitting, security and confinement standards for Dangerous Dogs, as an alternative to a determination that the dog is a Vicious Dog under Section 7-8, with euthanasia required. No Dangerous Dog shall be offered for adoption by the Animal Shelter." Section 6. That Section 7-8 of Chapter 7, Article I of the Salina Code is hereby amended to read as follows: "Sec. 7-8. Vicious dogs. Any dog which has attacked or bitten and inflicted severe injury or death to a person or domestic animal may be determined to be a vicious dog. A severe injury is a physical injury which results in broken bones, lacerations requiring multiple sutures or cosmetic surgery. Any dog trained or harbored for the purpose of animal fighting may be; determined a vicious dog. (a) Judicial determination. The Judge of Municipal Court may, as part of a court proceeding on a city ordinance violation or as a separate proceeding, determine a dog is a vicious dog. (b) Destruction of animal. When any dog is determined to be a vicious dog by the Court, the Municipal Court Judge shall order the animal humanely euthanized. Section 7. That Section 7-9 of Chapter 7, Article I of the Salina Code :is hereby amended to read as follows: "Sec. 7-9. Law enforcement and military dog exception. The provisions of Sections 7-5; 7-6; 7-7; 7-8; 7-49; shall not apply to dogs when used for authorized law enforcement or military purposes by a government agency or military unit." Section 8. That Section 7-10 of Chapter 7, Article I of the Salina Code; is hereby amended to read as follows: "Section 7-10. Future special permit required of certain owners. Any owner who has failed to meet the owner responsibilities in Section 7-5 or 7-49(a) of this chapter related to animal attacks or animal nuisance activities, and who owns a dog determined to be a Public Nuisance Dog, Dangerous Dog, or Vicious Dog under Sections 7- 6, 7-7 or 7-8 of this chapter, shall be required to obtain a special permit for Public Nuisance Dog for any subsequent dog or dogs owned and kept in the city limits. This requirement of the owner shall be in place for a five (5) year period from the date of the judicial or administrative determination in Section 7-6, 7-7 or 7-8." Section 9. That Section 7-16 of Chapter 7, Article II of the Salina Code are hereby amended to read as follows: "Section 7-16. Animal Control Advisory and Appeals Board. The Board of City Commissioners shall establish by resolution a citizen board to be known as the Animal Control Advisory and Appeals Board. The Board shall have specific duties as referenced in this chapter, as well as duties described by resolution. In addition, the Board shall provide general advice and recommendations to the Governing Body, City -County Board of Health and the Enforcement Authority related to animal control issues." -4- Section 10. That Section 7-17 of Chapter 7, Article II of the Salina Code are hereby amended to read as follows: "Sec. 7-17. Duties of the enforcement authority. The city manager, chief of police and animal control supervisor shall be the enforcement authority with the duty to administer and enforce all provisions of this chapter. The city manager shall have authority to establish reasonable administrative regulations, policies and procedures as needed to effectively carry out the spirit and intent of this chapter." Section 11. That Section 7-19 of Chapter 17, Article II of the Salina Code is hereby amended to read as follow: "Sec. 7-19. Enforcement procedures. (a) The enforcement authority and other employees assigned to them are authorized to issue citations, summons, notices to appear or other methods required in law and Municipal Court procedures to owners and other persons in violation of this chapter. (b) The enforcement authority is hereby authorized to seize, impound and confine any animal kept in violation of provisions of this chapter and at any time when deemed necessary to protect the public health, safety and welfare. Such animal shall be confined at the animal shelter or other suitable facility in a humane manner. Such animal may be released to the owner when compliance with provisions of this chapter is achieved, under procedures established for animal recovery and when said release is consistent with protection of public health and safety. Any reasonable costs incurred by the enforcement authority in seizing, impounding and confining of any animal pursuant to this chapter shall be charged against the owner of such animal and shall be subject to collection by any lawful means. (c) The enforcement authority is hereby authorized to use humane live animal traps to capture any animal whose presence on private or public property constitutes a public j nuisance or a threat to public safety, health and welfare. (d) Law enforcement officers and other persons designated by the enforcement authority are authorized to use such force, including deadly force, as deemed necessary against dangerous or vicious animals and animals presenting an immediate threat to public health and safety. (e) It is unlawful for any person to interfere with a law enforcement officer or any person designated by the enforcement authority in the carrying out of their enforcement duties prescribed by this chapter." Section 12. That Section 7-32 of Chapter 7, Article III of the Salina Code is hereby amended to read as follows: "Sec. 7-32. Limitation on numbers of animals owned; impoundment authorized. When animals in excess of any limits established in this chapter or under any permit or license authorized in this chapter are found at any premises, all of the; animals found at the premises may be removed by the supervisor and impounded, except that the person in charge of the premises may designate and retain up to those limits established by law, regulation or under the license or permit." Section 13. That Section 7-49 of Chapter 7, Article IV of the Salina Code is hereby amended to read as follows: "Sec. 7-49. Animal nuisance activities prohibited. (a) The owner of any animal shall take all reasonable measures to keep such animal from becoming a nuisance. It shall be unlawful for the owner of any animal to cause, permit or fail to exercise proper care and control to prevent such animal from -5- performing, creating or engaging in an animal nuisance activity. For the purpose of this provision, "animal nuisance activity" is defined as any animal which: (1) When unprovoked, chases or approaches a person or domestic animal in a menacing fashion or apparent attitude of attack upon public property, public rights-of-way, or private property owned by any person other than the owner, or on the owner's property if the person is lawfully on the property in the performance of public duties, including public utility, mail delivery, or law enforcement purposes. Menacing shall mean the display by an animal of a disposition, determination or intent to attack or inflict injury or harm to a human being or other domestic animal, including displays of growling, charging, lunging, snapping or biting; (2) When unprovoked, engages in a menacing behavior causing a person lawfully on abutting or adjoining private or public property or rights of way to reasonably believe the safety of the person is threatened. Particular attention shall be paid to threatened safety of children. Such menacing behavior may include displays of growling, snapping or biting, or behaviors such as charging or lunging at or against a fence or other barrier separating the owner's premises from other public or private property. Attempts by an animal to cross outside the owners premises through, over or under a fence or barrier may constitute menacing behavior; (3) Attacks or injures a person or other domestic animal; (4) Damages public or private property by its activities; (5) Scatters refuse that is bagged or otherwise contained; or (6) Causes any condition which threatens or endangers the health or well- being of a person or other animal; (7) Is repeatedly running at large. (b) If a summons is issued charging violation of this section, a subpoena may also be issued to a complainant, witness or other person to testify under oath as to the animal nuisance activity." Section 14. That Section 7-54 of Chapter 7, Article IV of the Salina Code is hereby amended to read as follows: "Sec. 7-54. 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 cat or dog has been inoculated against rabies by a licensed veterinarian. Written evidence of vaccination shall be provided by the veterinarian, with such verification including both the date of the inoculation, and the expiration date of the inoculation. When no expiration date is provided by the issuing veterinarian, the expiration date shall be considered to be thirty- six (36) months from the date of inoculation." Section 15. That Chapter 7, Article VI of the Salina Code is hereby renamed as follows: "ARTICLE VI. STANDARD REGISTRATION OF CATS AND DOGS" Section 16. That Section 7-91 of Chapter 7, Article VI of the Salina Code is hereby amended to read as follows: "Sec. 7-91. Registration required. mom It shall be the duty of any owner of a dog or cat over one hundred twenty (120) days of age to register such cat or dog with the Salina -Saline County Health Department Animal Shelter Division, and to renew such registration upon expiration. The registration period shall begin on the date the rabies vaccination is given, or on the date the dog or cat: was first brought into the city, whichever is later. The registration period shall extend to the expiration date of the rabies inoculation." Section 17. That Section 7-94 of Chapter 7, Article VI of the Salina Code is hereby amended to read as follows: "Sec. 7-94. Procedure. Registration shall be accomplished at the Salina Animal Shelter, or such other location as administratively prescribed, at any time during the year that a cat or clog reaches the age of required registration; at any time during the year an owner acquires a cat or dog of required registration age; or within thirty (30) days after a person owning a cat or dog moves into the city. Section 18, That Sections 7-94 and 7-95 of Chapter 7, Article VI of the Salina Code is hereby amended to read as follows: "Sec. 7-95. Issuance of standard license and registration. The supervisor shall issue a license to the dog or cat owner upon presentation of a certificate of rabies vaccination under as required Sec. 7-54 of this chapter, and payment of the prescribed registration fees." Section 19. That Section 7-98 of Chapter 7, Article IV of the Salina Code is hereby amended to read as follows: "Sec. 7-98. Tags. (a) At the time of issuance of a certificate of standard registry for a cat or dog not currently registered within the city, the supervisor shall deliver a registration tag bearing the registration number of the certificate. The tag shall be kept on the animal as required in Section 7-47 of this chapter. (b) A replacement for a lost, stolen or damaged tag during the registration period shall be furnished for a fee as established by resolution. (c) Upon change of animal ownership, any person acquiring any dog or cat currently registered in Salina shall apply to the supervisor and may transfer such registration with no additional fee charged. (d) A new registration tag shall not be issued with each renewal, unless the previous tag is lost, stolen, damaged or becomes unreadable. Section 20. That Article VII of Chapter 7 of the Salina Code is hereby amended to read as follows: "ARTICLE VII. SPECIAL PERMIT AND LICENSING REQUIREMENTS. Sec. 7-116. Hobby breeders license. (a) It shall be unlawful for any person to operate as a hobby breeder, as defined in this ii chapter without being licensed for that activity. Application shall be made at the !, Office of the City Clerk. (b) The City Manager shall establish application procedures and administrative requirements for hobby breeder licensing. -7- (c) Hobby breeders must be in full compliance with state laws and regulations regarding hobby breeding and the Pet Animal Act. (d) The criteria used in evaluation of a hobby breeder license application shall be the same as for a Special Multiple Pet Permit, along with the additional requirements of notice to adjacent property owners with an opportunity to comment prior to license issuance, and full compliance with the City's zoning code. (e) Hobby breeder licenses shall be non -transferable. The license is specific to the premises and applicant. (f) Hobby breeder licenses shall be annual licenses, expiring December 31 of each year. (g) The license fee for a hobby breeder shall be established by resolution. Sec. 7-117. Commercial animal establishment license. (a) It shall be unlawful for any person, as owner or agent, to operate a commercial animal establishment, as defined in this Chapter, without being licensed for that activity as provided in this article. Application shall be made at the Office of the City Clerk. (b) The City Manager shall establish application procedures and administrative requirements for commercial animal establishment licensing. (c) The license fee for a commercial animal establishment shall be established by resolution. No license fee shall be required of the public animal shelter, nor shall any fee be required of any animal hospital. (d) Commercial animal establishment licenses shall be non -transferable. The license is specific to the premises and the applicant. (e) Commercial animal establishment licenses shall be annual licenses expiring December 31 of each year. Sec. 7-118. Conditions; approval or disapproval of applications. (a) The City Clerk may issue any special permit or license under Sections 7-116 or 7- 117 of this chapter with or without conditions. An applicant disagreeing with the conditions of a permit or license may appeal to the City Manager. (b) An application denial may be recommended by the City Clerk or other authorized ii official. The official shall make a report to the City Manager outlining reasons for j denial, including without limitation: (1) The application contained false information, or the applicant withheld substantive information. (2) The applicant had been convicted of an offense involving cruelty to animals. (3) The applicant had been convicted of violation of federal, state or local laws or regulations related to animals. (4) For other reasons related to protection of the public health, safety and welfare. (c) The City Manager may deny an application for cause, or may approve conditions, based on findings related to the above. Any decision by the City Manager for an application for a license or permit required under Sections 7-116 or 7-117 may be appealed to the Board of Commissioners, by filing a notice of appeal with the City Clerk, which appeal shall be heard by the Board of Commissioners within fourteen (14) days. The Board of Commissioners decision shall be final. Sec. 7-119. Revocation or suspension. Any license or permit issued under Sections 7-116 or 117 of this chapter may be revoked or suspended by the City Manager for violation of federal, state or city law or regulation related to the premises or animals involved, or for failure to comply with the terms or conditions of such license or permit. Any person aggrieved by the! decision of the City Manager regarding license or permit revocation or suspension may appeal the decision to the Board of Commissioners by filing a notice of appeal with the City Clerk, which appeal shall be heard by the Board of Commissioners within fourteen (14) clays. The Board of Commissioner's decision shall be final. Sec. 7-120. Special multiple pet permit. (a) It shall be unlawful for any person to own, keep or harbor more than four (4) dogs at the same address or on the same premises without first obtaining a special multiple pet permit. Hobby breeders and commercial animal establishments licensed under this chapter shall not be required to obtain a separate special multiple pet permit. (b) Any person who desires to own, keep or harbor more than four (4) dogs shall apply for a Special Multiple Pet Permit through the Salina Animal Shelter, on forms provided by the supervisor. (c) Upon receipt of an application, the supervisor shall inspect the applicant's property to determine if the size, condition and facilities are adequate for keeping more than four dogs. The criteria to be evaluated shall include, without being limited to, the following: (1) Whether the keeping of more than four dogs will likely create a general public nuisance, animal nuisance, create excessive noise, or otherwise disturb the peace, quiet and well-being of the surrounding neighborhood. (2) Whether the keeping of such dogs will likely cause offensive odors which would create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity. (3) Whether the applicant, or any person who will share in the care, custody or control of the dogs has previously violated any city or, state laws, codes or regulations pertaining to the care and control of dogs or the maintenance of property. (4) Whether any conditions are likely to occur which threaten or endanger the health or well being of persons, the dogs kept onsite, or other animals. (5) Whether the premises and facilities where the dogs are to be kept are suitable for the keeping of more than four (4) dogs, and are adequately lighted and ventilated and are so constructed and maintained so they can be kept in a clean and sanitary condition. (d) The supervisor may issue a special multiple pet permit with or without conditions, based on the result of his/her application review and site inspections. All conditions in a special multiple pet permit are binding. (e) As a condition of a multiple pet permit, the permit holder shall notify the animal shelter within ten (10) days when any of the permitted dogs gives birth. (f) A special multiple pet permit is non -transferable. The permit is specific to the subject property and to the applicant. (g) A special multiple pet permit shall expire on December 31 of the current year. The annual fee for a special pet permit shall be established by resolution. Sec. 7-121. Public nuisance dog permit. The keeping of a dog which has been determined to be a Public Nuisance Dog under procedures established in this Chapter shall be subject to the following mandatory requirements: 1. Special Permit Required. In addition to standard registration and licensing, a special annual permit shall be required for keeping any Public Nuisance Dog. No permit shall be granted except with such conditions attached as shall, in the opinion of the enforcement authority, reasonably protect the public health, safety and welfare. Permits shall only be issued to adults. A temporary permit may be issued pending final disposition of the application. Final permits shall expire twelve months after issuance, with renewal required at that time. 2. Application for Permit. An application for a Public Nuisance Dog permit shall be made no later than five (5) days following the determination that a dog is a Public Nuisance Dog pursuant to this Chapter. The application shall be on forms provided by the city, with its form, content and submittal requirements to be determined by the City Manager. 3. Transfer of a Permit. A Public Nuisance Dog special permit may be transferred to a new owner within the city limits. A transfer application must be completed by both the current and prospective new owner, with a fee paid at the time of application. 4. Permit Fee. The fee for an initial permit, a renewal permit, or transfer of a permit shall be as established by resolution. 5. Standards and Requirements. The keeping of any specially permitted Public Nuisance Dog in the city limits shall be subject to the following mandatory requirements, in addition to compliance with all other state; and local laws and regulations: (a) Microchipping. All Public Nuisance Dogs shall have an identification microchip implanted in the dog. Such microchipping shall be accomplished by a licensed veterinarian or by the Salina -Saline County Animal Shelter as part of the special permitting process. (b) Identification Photographs. All owners of Public Nuisance Dogs shall make available the dog during the special permit process in order to allow the city to obtain digital photographs of the registered animal for identification purposes. (c) Confinement. All Public Nuisance Dogs shall be securely confined indoors, in a securely fenced yard, or secure pen or kennel. Confinement conditions shall be included in the permit to address the specific nuisance problems caused by that animal (e.g. menacing behavior; repeated running at large, damage to property). � D� Special Collar. All Public Nuisance Dogs shall be required to wear a special designated color collar at all times when not confined indoors. The collar shall either be one issued by the city during the special permit process, or one provided by the owner and approved by the city. The Enforcement Authority shall designate the specific color required. (e) Reporting Requirements. All owners of specially permitted Public Nuisance Dogs shall, within ten (10) days of the occurrence, report the following in writing to the city: (1) The removal of the dog from the city limits. (2) The death of the dog. -10- (3) The new address of the premises where the dog is kept if the owner moves within the city limits. Sec. 7-122. Dangerous dog permit. The keeping of a dog which has been determined to be a Dangerous Dog under procedures established in this Chapter shall be subject to the following mandatory requirements: (1) Special Permit Required. In addition to standard registration and licensing, a special annual permit shall be required for keeping a Dangerous Dog. No permit shall be granted except with such conditions attached as shall, in the opinion of the enforcement authority, reasonably protect the public health, safety and welfare. Permits shall only be issued to adults. A temporary permit may be issued pending final disposition of the application. (2) Application for Permit. An application for a Dangerous Dog permit shall be made no later than five (5) days following the determination that a dog is a Dangerous Dog pursuant to this Chapter. The application shall be on forms provided by the city, with its form, content and submittal requirements to be determined by the City Manager. (3) Transfer of a Permit. A Dangerous Dog special permit may be transferred to a new owner within the city limits. A transfer application must be completed by both the current and prospective new owner, with a fee paid at the time of application. (4) Permit Fee. The fee for an initial permit, renewal permit or transfer of a permit shall be as established by resolution. (5) Standards and Requirements. The keeping of a specially permitted Dangerous Dog in the city limits shall be subject to the following mandatory requirements, in addition to compliance with all other state and local laws and regulations: (a) Leash Requirement Outside of Pen. No person shall permit a Dangerous Dog to go outside the owner's residential structure or the dog's kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length and an adult is in physical control of the leash; provided however, that a Dangerous Dog may be in the rear yard of the owner's premises without a leash when the rear yard is securely fenced and an adult is physically present in the rear yard with the dog. No person shall permit a Dangerous Dog to be kept on a chain or rope outside its kennel or pen and no Dangerous Dog may be leashed or tethered to inanimate objects such as trees, posts or buildings. (b) Confinement. All Dangerous Dogs shall be securely confined indoors or in a j securely enclosed and locked pen or kennel. Such pen or kennel must meet administrative regulations for construction and location standards established by the City Manager. All structures used to confine specially permitted Dangerous Dogs must be locked by a key or combination lock when such animals are within the structure. (c) Confinement Indoors. No Dangerous Dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. (d) Microchipping. All Dangerous Dogs shall have an identification microchip implanted in the dog. Such microchipping shall be; accomplished by a licensed veterinarian or by the Salina -Saline County Animal Shelter as part of the special permitting process. The applicant for a special permit under this ordinance shall file proof of microchipping if it has already taken place or is to be accomplished outside the permitting process. -11- Lcnscl�tlel�5xline (e) Neutering. All Dangerous Dogs must be neutered, with documentation provided from a veterinarian. (f) Signs. All owners of Dangerous Dogs shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such animal. (g) Special Collar. All Dangerous Dogs shall be required to wear a special designated color collar at all times when not confined indoors. The collar shall be visibly on the dog when it is in the kennel or pen, or on a leash. The collar shall be either one issued by the city during the special permit process, or one provided by the owner and approved by the city. The Enforcement Authority shall designate the specific color required. (h) Insurance. All owners of Dangerous Dogs shall have in effect public liability insurance in a single incident amount of $100,000 for bodily injury to or death of any person or persons or for damage to property owned by any person which may results from the ownership, keeping or maintenance of such Dangerous Dog. At the time of initial application for a special permit, the owner, keeper or harborer must present proof of the required insurance. At the time of subsequent registration renewal, the owner, keeper or harborer shall show proof of the required insurance for the present registration period and proof that there was continuous insurance coverage throughout the period of the prior special permit year. In the event the required insurance is canceled, lapsed or for any other reason becomes non -enforceable, the owner, keeper or harborer shall be in violation of the provisions of this ordinance. The owner, harborer or keeper shall notify the city within ten (10) days of any cancellation, lapse or non -enforceability of this insurance, and provide proof substitute coverage has been obtained. The insurance may be in the form of a special liability policy or a standard homeowner's or renter's insurance policy from a Kansas licensed insurer which includes liability coverage. (i) Identification Photographs. All owners of Dangerous Dogs shall make available the dog during the special permit process in order to allow the city to obtain digital photographs of the registered animal for identification purposes. 0) Reporting Requirements. All owners of specially permitted Dangerous Dogs shall, within ten (10) days of the occurrence, report the following information in writing to the city. (1) The removal from the city limits or death of a specially permitted Dangerous Dog. (2) The death of a specially permitted Dangerous Dog. (3) The new address where the Dangerous Dog is kept or harbored, should the owner move within the city limits. Sec. 7-123. Permit denial, revocation and reinstatement. Special permits under Sections 7-119, 7-120 and 7-121 of this chapter shall be subject to the following: (a) Withholding or falsifying information on an application shall be grounds for denial or revocation of such permit by the Enforcement Authority. (b) Any permit issued shall be subject to revocation in the event such permittee fails to comply with the terms and conditions of the permit or related requirements in this chapter. -12- G+soi [a�ecSa�ra (c) Any person whose license is revoked shall, within five (5) days thereafter surrender the permitted animal to the supervisor, who shall determine its disposition. No part of the permit fee shall be refunded. (d) The enforcement authority may reinstate a permit when deemed to be in the public interest. Sec. 7-124. Removal of special permit requirement. Unless the court has directed otherwise annually at the time of renewal consideration for a permit issued under Section 7-120, an owner may request a review and determination as to whether the dog should no longer be classified as a Public Nuisance Dog and subject to special permit requirements. A request for determination review and decision shall be in writing, on forms and including information established by administrative regulation. A determination review fee shall be charged, as established by resolution. Sec. 7-125. Appeal of permit action. Administrative actions, determinations and decisions of the Enforcement Authority related to issuance, denial or revocation of a special permit under Sections 7-120, 7-121 and 7-122 of this chapter may be appealed to a three member panel of the Animal Control Advisory and Appeals Board. Appeals shall be in writing and received by the supervisor no later than five (5) days following notice of the action or determination. An appeal fee shall be charged as established by resolution. Any person aggrieved by the decision of the appeal panel may bring an action in district court to determine the reasonableness of any such action or determination. Secs. 7-126 — 7-135. Reserved" Section 21. That Section 7-138 of Chapter 7, Article VIII of the Salina Code is hereby amended to read as follows: "Sec. 7-138. Impoundment; notification of owner; holding period. (a) Animal control personnel shall make reasonable efforts to identify the owner of any impounded animal, and to notify the owner of its impoundment and the conditions under which the animal can be recovered. (b) Any impounded animal not recovered by its owner within a holding period of three (3) 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 animal is voluntarily given to the city by its owner to be offered for adoption or humanely euthanized; (2) When any animal 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 22. That Section 7-139 of Chapter 7, Article VIII of the Salina Code is hereby amended to read as follows "Sec. 7-139. Procedure and fees for recovery of animals. Any owner of an impounded animal shall be entitled to recover such animal if, within the prescribed holding period, the owner appears to claim the animal and makes payment of required fees and any veterinary expenses. Fees shall be established by action of the City - County Board of Health. No animal may be released to the owner if such release would be inconsistent with protection of public health and safety." - 13 - Section 23. That existing Sections 7-1, 7-4 through 7-10, 7-16, 7-17, "7-19, 7-32, 7-49, 7-54, I 7-91, 7-94 through 7-103, 7-116 through 7-125, and 7-136 through 7-140 are hereby repealed. Section 24. That this ordinance shall be effective October 1, 2004 after its adoption and publication once in the official city newspaper. Introduced: July 26, 2004 Passed: August 9, 2004 Monte Shadwick, Mayor [SEAL] ATTEST: Lieu Ann Elsey, City Clerk -14-