8164 Animal ControlCoNsoLrDATED-SALINA
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ORDINANCE NUMBER
(Published in The Salina Journal
ow
July 7 1971)
AN ORDINANCE PERTAINING TO THE REGULATION, CONTROL, AND LICENSING OF DOGS
WITHIN THE CITY OF SALINA, KANSAS: REQUIRING VACCINATION, REGISTRATION OF DOGS; PROVIDING
FOR THE DUTIES OF THE CITY -COUNTY HEALTH DEPARTMENT, VETERINARIANS AND DOG OWNERS;
PROVIDING FOR THE OPERATION OF KENNELS WITHIN SPECIFIED AREAS, AND LICENSING THEREOF;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND AMENDING ARTICLE II OF CHAPTER 8 OF
THE SALINA CODE, AND REPEALING SAID ORIGINAL SECTION.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas;
Section 1. That Article II of Chapter 8 of The Salina Code is hereby amended
to read as follows:
ARTICLE II. DOGS
"Section 8-29. Definitions.
For the purpose of this article the following definitions shall
prevail:
Dog: shall mean all members of the canis familaris, male or
female, five (5) months of age or older.
Pup: shall mean all members of the canis familaris, male or
female, less than five (5) months of age.
Inoculation, Vaccination or Vaccination for Rabies:
shall mean the injection, by a veterinarian, or his authorized
agent, of a specified dose of anti-raties vaccine into the body
of a dog, such vaccine having the U. S. Government license
number stamped on the ]able of the vaccine container and having
been approved by the Director of the City -County Health Department.
Own: shall be deemed to mean and include, own, keep, harbor,
or to have control, charge or custody of a dog.
Owner: shall mean any person who, or firm or corporation which
owns, harbors, shelters, keeps, controls, manages, possesses, or
has part interest in any dog, pup, or kennel.
If a minor owns a dog or pup subject to the provisions of
this Chapter, the head of the household of which such minor
owner is a member, shall be deemed the owner of such dog or
pup for the purpose of this Chapter and under this Chapter
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 owner shall himself be directly subject
to the provisions of this Chapter.
Household: Those members of a family living in the same
dwelling unit.
At Large: Any dog shall be deemed to be at large when it is
off the premises of its owner's real property and not restrained
by a competent person.
Vicious dog: shall mean any dog which is fierce, dangerous,
mean, or uncontrolable; or one that has previously attacked or
bitten any person or domestic animal, or possesses a propensity
to attack or bite a person or domestic animal.
Commercial Kennel: shall mean any place or tract of land
whether in doors or outdoors, whether enclosed or not, in, at or
upon which three (3) or more dogs or pups are, for the purpose of a
profit, kept, housed, bred, raised, fed, displayed, exhibited or
sold.
Hobby Breeder: shall mean any person who owns, keeps, harbors
or has charge or control of, or permits more than three (3) dogs
over five months of age to be habitually lodged or fed within such
person's house, yard, or premises and who raises no more than two (2)
j litters of pups per year.
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Person: shall mean any individual, firm, association,
partnership or corporation.
Restraint: A dog off the premises of its owner's real
property is under restraint in the meaning of this ordinance:
(a) If it is controlled by a line or leash not more than
six (6) feet in length, when said line or leash is
held by a competent person;
(b) When at "heel" of a competent person;
(c) When within a vehicle being driven, parked or stopped;
(d) When not more than fifty (50) feet from a competent
person, if such dog is not annoying or worrying any
human being or domestic animal or trespassing on
private property, or in a public area where dogs
are forbidden.
Competent Person: A human being that is capable of controlling
and governing the dog in question and to whose command the dog is
obedient.
"Section 8-30. Dog Fighting.
Every person who by words, sign or otherwise, sets any
dog or dogs to fight, or causes any dog to attack any other dog,
dogs or any other animal, or aids or abets or encourages any dog
fight; or by words, signs or otherwise sets on or encourages any
dog to attack or chase any human being not engaged in malicious
or criminal acts; or being the owner, keeper or harborer of any
dog knowingly permits such dog to fight without endeavoring to
prevent the same, shall be guilty of a misdemeanor.
"Section 8-31. Registration, Vaccination Requirements.
It shall be unlawful for any person living within the corporate
limits of the City to own any dog over five (5) months of age
without first having had the dog inoculated against rabies and
paying a registration fee. The registration and anti -rabies
inoculation shall then be set up on an annual basis. The vaccination
shall be accomplished by a licensed veterinarian, and a report of
the same shall be forwarded to the City Clerk. The registration
shall be accomplished at the Office of the City Clerk of Salina,
Kansas.
"Section 8-32. Registration Fees; Purchase from City Clerk
between March 1 and March 31 of Each Year.
Between March 1 and March 31 of each year the dog owner shall
register all dogs owned by him at the Office of the City Clerk,
and pay the following fees:
(a) Commercial Kennels:
The City Clerk shall collect a registration fee
of $2.00 for each dog who resides in a commercial
kennel, licensed by the City of Salina, Kansas,
in addition to the fees required by Section 8-45
(b) Hobby Breeders:
The City Clerk shall collect a registration fee
of $2.00 for each dog owned by a hobby breeder licensed
by the City of Salina, Kansas, in addition to the fees
required by Section 8-46.
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(c) Other:
The City Clerk shall collect a registration fee
of $2.00 for each dog whose owners reside within the
corporate limits of the City, provided that all dogs
belonging to the same household shall be registered
in the name of the head of such household; and provided
further, that if such household contains more than
two (2) dogs, then the City Clerk shall collect a
registration fee of $5.00 for each additional dog.
(d) Registration fees shall be double the above fee
if not secured prior to the due date; provided, that
any person owning a dog at the time of the passage of
this ordinance shall have thirty (30) days from that
date to register such dogs; and provided further, that
new residents of the City or persons acquiring a dog
or owning a dog that attains age of registration after
March 1 of any year shall have thirty (30) days in which
to register such dog at the regular fee.
(e) All licenses issued by the City Clerk between the
first day of January, 1971, and the passage of this
ordinance shall be valid until March 31, 1972.
"Section 8-33. Registration Procedure.
(a) The City Clerk upon presentation of a certificate of
vaccination issued by a licensed veterinarian within
twelve (12) months prior to date of registration and
payment of the fees hereinbefore set out shall record
the following information: Owner's Name and Address;
Color, Breed, Sex, Age, Weight, Name (if any) Date
of Vaccination of dog and Type of Anti -rabies vaccine
used. After recording said information, the City Clerk
shall issue a license to said owner, and shall provide for
each dog so vaccinated and registered a tag of metal or
other durable substance, having stamped or marked thereon
the registration number which corresponds to the number
of the registration record. This tag shall be kept on the
dog at all times.
(b) The City Clerk shall between February 15 and February 28
of each year, cause public notice to be given of the
registration period for dogs.
"Section 8-34. Exception to Registration Provisions;
Requirements for Transient Dogs.
The provisions of this article with respect to registration shall
not apply to any dog owned by any person temporarily remaining within
the City less than thirty (30) days, or any dog brought into the City
for bench or show purposes, or hunting dogs brought into the County
for less than thirty (30) days. Such dogs shall be kept under strict
supervision of the owner. !t shall be unlawful to bring any dog
into the City which does not comply with laws of the State of Kansas
regarding the handling and importation of dogs.
"Section 8-35. Running at Large - Prohibited.
It shall be unlawful for the owner of any dog to permit such dog
to run at large within the corporate limits of the City at any time.
Any dog shall be deemed to be running at large when found off the premises
of the owner and not under restraint. It shall be lawful for any City
Police Officer or other person duly appointed by the City Manager to
pursue and capture such dog running at large.
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"Section 8-36. Same - Impounding, Disposition.
(a) Any dog found running at large within the City limits
may be captured or taken up by any Police Officer of the City
or other person duly appointed by the City Manager and impounded
in a place provided for that purpose by the City, and a record
of all dogs impounded with their description containing the
following information: Color, sex, weight, height, identifying
marks, Registration Number or Rabies Vaccination Number, and
date of impounding shall be kept. If the dog so impounded has
no current registration tag, as provided for by Section 8-33,
it shall be kept for five (5) days and if within that time,
the owner does not appear to claim such dog, it may be sold,
euthanized or otherwise disposed of. If within five (5) days
from the impounding date the owner of an impounded dog shall
appear and claim such dog, such dog shall be turned over to
the person claiming it upon payment of an impounding fee of
$5.00 if picked up within 24 hours and $2.50 for each
additional day or portion thereof said dog remains impounded
and compliance with the requirements of Section 8-32 and 8-33.
(b) Any impounded dog which has not been claimed within the
five (5) day limit may be sold to any person and that person
shall be required to have the dog duly registered and
inoculated as provided for by Section 8-32 and 8-33, such
dog shall not be sold for less than $5.00, plus $1.00 for
each day such dog has been impounded.
(c) If the dog so impounded has a current registration tag
attached to it, the owner of such dog, as shown by the records
of the City Clerk, shall be notified as soon as possible
within a five (5) day impounding period. If the owner cannot
be located within a period of five (5) days after impounding,
the Health Officer shall be notified and he shall have another
five (5) days time in which to find or locate the dog's owner.
If at the end of ten (10) days impounding period neither the
poundkeeper nor the Health Officer have been able to fine or
locate the owner, then the dog may be sold, euthanized or
otherwise disposed of.
(d) If the dog so impounded has a current registration tag
and the owner is duly notified but refuses to redeem the
dog within a period of five (5) days from the date of
impoundment, then the dog may be sold, euthanized or
otherwise disposed of.
(e) If the dog so impounded does not have a current
registration tag and a rabies vaccination certificate,
and the same is reclaimed by the owner then the impounding
officer shall give to said owner a registration form, a
duplicate of which shall be sent to the City Clerk, and
such owner shall have three (3) days in which to comply
with Sections 8-32 and 8-33 of this ordinance. If the
owner redeeming said dog fails to comply with Sections
8-32 and 8-33 within three (3) days then such dog shall
be seized and reimpounded and the owner shall have five (5)
days to comply with Sections 8-32 and 8-33. If the owner
has not complied within the additional five (5) days said
dog shall be subject to disposal under Subsection (d) hereof.
(f) The payment of an annual registration fee and the wearing
of a current tag shall not prevent the impounding, sale,
euthanization or other disposition of any dog found running
at large in violation of Section 8-36 when the other
provisions of this section have been carried out.
"Section 8-37. Same - Use of Tranquilizer Gun Authorized;
Killinq Authorized.
Any Law Enforcement Officer, trained in the use of the tranquilizer
gun, shall be authorized to take up and impound stray dogs and to use a
tranquilizer gun, and is further authorized to kill any stray dog which
it is impractical or impossible to capture and that is endangering
persons, other animals and/or property.
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''Section 8-38. Keeping Vicious Dogs Prohibited; Disposal.
It shall be unlawful for any person to keep or harbor- any
vicious dog within the City. Dogs determined to be vicious shall
be euthanized or otherwise disposed of by order of the Chief of
Police.
''Section 8-39. Entering Building Prohibited.
No dog 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 in the case of a person
legally blind who has charge of and is accompanied by a seeing
eye dog, as defined by State Statute. Provided however, that
the proprietor of a hotel or motel may permit a pet dog or dogs
therein. This section shall not apply to the operator of a
pet shop or related business.
''Section 8-40. Impounding or Confinement of Rabies Suspects.
Any dog which is suspected of having rabies, or any dog
which has bitten a person and has thereby caused a laceration
of the skin of such person, shall be seized and confined in
a veterinary hospital for a period of ten (10) days; provided
however, the period of confinement may be shortened at the
discretion of the veterinarian. All expenses incurred during
period of confinement in a veterinary hospital shall be borne by
the owner. If any dog so impounded is not claimed by the
owner within the ten (10) day period, then the veterinarian
shall at the termination of the ten (10) days transfer said
dog to the impounding facilities of the City where such dog
shall be disposed of according to the provisions of Section 8-36.
''Section 8-41. Dogs Bitten by Rabid Animals.
Any dog bitten by a known rabid animal shall be seized and
confined in a veterinary hospital and shall be treated in
accordance with the Report of the World Health Organization
Expert Committee on Rabies.
''Section 8-42. Disturbing the Peace.
It shall be unlawful for the owner of any dog to carelessly,
inattentively, willfully or maliciously permit such dog to disturb
the peace and quiet of the neighborhood, or to permit such dog to
howl, bark or yelp so as to disturb the peace and quiet of the
neighborhood. It shall be prima facie that such dog was disturbing
the peace, if a complaint is made by the land owners or occupants
of two or more of the premises adjacent to the property whereon
such dog is located.
''Section 8-43. Maintenance Requirements.
(a) Cleanliness: It is hereby declared to be a nuisance and
unlawful for any person to maintain any dog or dogs in an
area that is not at all times clean, dry and sanitary and
free from excessive debris, garbage, water and offensive
odors, and all yards and pens shall be cleaned daily.
(b) Storage of Excreta: Excreta from pens, if stored on the
premises of a dog owner, shall be stored in adequate
containers with a fly tight lid.
(c) Drainage of premises: All dog pens and yards shall be
so located that an adequate drainage is obtained and
normal drying occurs and standing water is avoided.
(d) Inspection by Health Officer: All permises on which dogs
are kept shall be subject to inspection by the Health Officer
or his representative. 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 or
keeper of the dog or dogs in writing to correct the sanitation
deficiencies within twenty-four (24) hours after notice is
served on him. Any person failing to comply with the requirements
of the Health Officer shall be guilty of a misdemeanor.
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"Section 8-44. Right of Entry.
It shall be unlawful for any person to conceal an animal or interfere
with the Police or persons designated by them in the performance of their
legal duties, as provided in this Article. The Police or persons designated
by them shall have the right of entry onto any unenclosed lots or lands for
the purpose of collecting any dog which is on such lot or land in violation
of this Article and whose presence on such lot or land constitutes a violation
of any of the provisions hereof, or whose presence or existence is a violation
of the provisions of this Article. The Police or their duly appointed
representative shall have the right of entry to any property or premises
within any quarantined area during the period of such quarantine for the
purpose of examining or obtaning any dog or other animal suspected of
having rabies, having been exposed to rabies or having bitten a person or
other animal.
"Section 8-45. Operating Kennel with City; License Required.
It shall be unlawful for any person, either as owner or agent,
representative, employee or bailee of an owner to operate a commercial
kennel within the City of Salina in any district without first having obtained
a special license therefor. Any person desiring to obtain a license to operate
a kennel within the City shall file an application with the City Clerk and pay
an application fee of $100.00. The City Clerk shall refer the application to
the City -County Health Department which shall cause the proposed premises to
be investigated and file a written report and recommendation with the City
Clerk. If the application is approved by the City -County Health Department,
the City Clerk shall grant the applicant a license to operate a kennel upon
his premises upon such conditions as the City -County Health Department shall
specify in the report. Any license granted by the City Clerk hereunder shall
be subject to revocation in the event said applicant shall fail to comply
with the terms and conditions of said license, or if the operation of said
kennel becomes a nuisance, health hazard or detrimental to the safety and
general welfare of the residents of the City. Any person aggrieved by the
denial of a license by the City Clerk or the revocation thereof may appeal
to the Board of Commissioners who may either grant such a license, reinstate
a revoked license or affirm the denial of the City Clerk.
"Section 8-46. derating as a Hobby Breeder within City; Permit Required.
It shall be unlawful for any person, either as owner or agent, representative,
employee or bailee of an owner to operate as a hobby breeder within the limits
of the City of Salina in any district classified as AA, A, B, or C without
first having obtained a special permit therefor. Any person desiring to obtain
a permit to operate as a hobby breeder within said districts of the City shall
file an application with the City Clerk and pay an application fee of $10.00. j
The City Clerk shall refer the application to the City -County Health Department
which shall cause the proposed premises to be investigated and file a written
report and recommendation with the City Clerk. If the application is approved
by the City -County Health Department the City Clerk shall grant the applicant
permission to operate as a hobby breeder upon his premises upon such conditions
as the City -County Health Department shall specify in the report. Any permit
granted by the City Clerk hereunder shall be subject to revocation in the event
said applicant shall fail to comply with the terms and conditions of said permit,
or if the operation of said kennel becomes a nuisance, health hazard or detrimental
to the safety and general welfare of the residents of the City. Any person
aggrieved by the denial of a permit by the City Clerk or the revocation thereof
may appeal to the Board of City Commissioners who may either grant such a permit,
reinstate a revoked permit or affirm the denial of the City Clerk.
"Section 8-47. Imported Dogs; Registration; Transfering Registration.
All dogs brought into the City of Salina, Kansas, shall comply with
rabies vaccination requirements. If said imported dog remains more than
thirty (30) days, said dog shall be registered in accordance with the
provisions of this ordinance. Any legally accepted certificate of rabies
vaccination, the initial and residual efficiency of which has been approved
by the City -County Health Department, shall be exchanged for a current
vaccination registration certificate and tag upon payment of the fees.
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''Section 8-48. Imported Dogs or Pups; Resale.
(a) It shall be unlawful for any person, firm, or corporation
to import dogs or pups into the City of Salina, Kansas, for the
purpose of resale without obtaining from the original owner a
notarized certificate showing the date of birth of said dog or
pup, and the name and address of the original owner, or a health
certificate from a licensed veterinarian, which certificate shall
be transferred to the purchaser of said dog or pup from the
importer or person reselling the same.
(b) It shall be unlawful to sell any imported dog unless the
same has first been inoculated against rabies and a certificate
of vaccination issued.
''Section 8-49. Female Dogs; Confinement.
A female dog shall be kept securely confined in an enclosed place
while in heat.
''Section 8-50. Violation of; Penalties.
The violation of, failure to comply or the committing of any act
prohibited in any provision of this act shall constitute a misdemeanor and
any person convicted of violating the provisions of this act shall be
punished in accordance with the provisions of Section 1-8 of The Salina Code.''
Section 2. Article II of Chapter 8 of The Salina Code is hereby repealed.
Section 3. This ordinance shall be in full force and effect from and after its
adoption and publication in the official city newspaper.
Introduced: June 21, 1971
(SEAL)
Attest:
City Clerk
Passed: June 28, 1971