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8164 Animal ControlCoNsoLrDATED-SALINA 1 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. It CONSOLIDATED-SALINA 1 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. CONSOLIDAI L-5-SALINA 1 (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. CONSOLIDATED -SAUNA 1 1 "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. CONSOLIDATED -SAUNA 1 1 ''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. CON SOLIDATLD -SALINA LJ C r J "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. I."'.ON SOLIDATED-SALINA i 1 ''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