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6725 Animals & FowlsCONSOLIDATED-SALINA 1 u r / ORDINANCE NUMBER �w (Published in The Salina Journal 1963) T — AN ORDINANCE providing for the regulation and control of Animals and fowls within the City of Salina, Kansas; providing for the impounding of animals or fowls running at large, setting fees therefore and procedure for the sale of unclaimed animals or fowls; prohibitin the keeping of certain animals within the City of Salina, Kansas, and providing for the issuance of special permits for keeping riding horses within said City and regulations pertaining thereto; providing penalties for the violation of said ordinance; and repealing sections 5-102 to 5-117, both inclusive, of the code of the City of Salina, Kansas 1960. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Chapter V. Animals and Fowls Article 1. Animals and Fowls 5-101. RUNNING AT LARGE. It shall be unlawful for the owner, agent, or person having charge of any of the animals or fowls hereinafter named; cattle, hogs, horses, mules, asses, sheep, goats, chickens, ducks, geese, turkeys or other domestic fowls of any kind, to allow the same to run at large within the limits of the City. 5-102. IMPOUNDING. The police or any other person or persons duly appointed and employed for that purpose by the City Manager, shall take up and impound any animal or fowl mentioned in the preceding section found running at large. If the owner is unknown, the Chief of Police shall give five (5) days notice in three (3) or more public places that the animal or fowl, sufficiently describing the same, has been impounded, and that if not redeemed within the time stated (not less than ten (10) days after impounding) will be sold, and that if no buyer appears, the animal or fowl may be sold, euthanized or otherwise disposed of. Any person who can prove ownership in, or right to such animal or fowl, may redeem the same within the time stated upon payment of the costs of feeding and impounding, and such payments shall be turned over to the City Treasurer for the benefit of the City. 5-103. SALE OF IMPOUNDED ANIMALS OR FOWLS: If the animal or fowl be not claimed and the charges as hereinafter specified be not paid within ten (10) days after the date of notice aforesaid, the Chief of Police shall, on the eleventh (11th) day, at a time and place mentioned in the notice, proceed to sell the same to the highest bidder for cash, and, after deducting from the proceeds of said sale the amount of all charges which have accrued, including the expense of impounding, keeping and advertising the same, he shall pay the balance to the City Treasurer for the benefit of the City. If no buyer appears at the time of sale, the Chief of Police may continue the sale from day to day or euthanize or otherwise dispose of the animal or fowl. 5-104. FEE FOR IMPOUNDING. A fee of Five Dollars ($5) for impounding each animal and Two Dollars ($2) for impounding each fowl and the cost of feeding the same to the day of sale or other disposal shall be charged. 5-105. NOT APPLY TO DROVERS. Nothing herein contained shall be so construed as to prevent drovers or other persons from driving any of the animals mentioned in Section 5-101 through the limits of said city while enroute from farm to stockyard, pen or slaughterhouse; from stockyard to stockyard; from pen to slaughterhouse; from stockyard to slaughterhouse; or through the City from city limits to city limits, the owner or owners or their agent or agents being responsible for all damage that may be sustained by reason of the driving of such animals. 5-106. PICKETING ANIMALS ON STREETS, ALLEYS AND/OR PRIVATE GROUNDS. No person shall temporarily picket any horses, mules, asses, cattle or other animals of any kind, in or upon any street or alley of this City or upon any lot or piece of ground so near to any street or alley as to permit such animals getting upon any street or alley or getting upon any private property without the consent of the owner. The word "temporarily" shall be construed to mean not over forty-eight (48) hours. 5-107. TRESPASSING ON PUBLIC OR PRIVATE GROUNDS OR SIDEWALKS. It shall be unlawful for the owner or person in charge of any horses, mules, asses, cattle or other animals being moved through or ridden about through the city limits, to permit the same to trespass on any private property without the consent of the owner thereof or on any public parks, parkings, sidewalks or space permitted by ordinance or custom to be used for sidewalks, in the City, without the consent of the City Manager. 5-108. PENALTY TO SECTIONS 5-101 to 5-107 INCLUSIVE. Any person who shall violate any of the provisions of Sections 5-101 to 5-107, both inclusive, of this Article shall, upon conviction thereof, be fined not less than Five Dollars ($5) nor more than Twenty- five Dollars ($25) for each offense. t 1 CONSOLIDATED-S4LINA 5-109. KEEPING OF ANIMALS PROHIBITED. It shall be unlawful for any person, co- partnership or corporation, either as owner or as the agent, representative or employee or bailee of any owner, to keep any cattle, goats, sheep, horses, mules, asses, swine or more j than twenty (20) fowls of any kind within the city limits of the City of Salina. This shall not prohibit the temporary keeping of such animals for the purpose of shipment when such animals are confined within a stockyard or pens (designated as shipping pens) along or adjacent to any railroad switchyard. This shall also not prohibit the temporary keeping of such animals for the purpose of slaughter by any regular slaughterhouse which is operated in the City within the district in which the operation of such slaughterhouse is permitted by zoning ordinances of the City now or hereinafter in effect. The word "temporary" as used in this Section shall mean not longer than ten (10) days except by special permission of the Health Officer. 5-110. RIDING HORSES KEPT IN CITY LIMITS. Horses, which are used for riding purposes only, may be stabled within the city limits of the City of Salina only in designated areas which have been given a special permit for the purpose by the City Commissioners. Such designated areas, for purposes of health and sanitation, shall be under the supervision of the Health Officer. It at any time such designated areas shall become a nuisance or a fly breeding or rat harborage area, the Health Officer shall have the authority to revoke such special permit within ten (10) days after notifying the City Commissioners of such action to be taken. 5-111. STABLES, SHEDS, PENS OR CAGES. Any owner, lessee or occupant who maintains any stable, shed, pen or other place where riding horses are kept, according to the provisions of Section 5-110, shall not maintain the same closer than fifty (50) feet of the dwelling house of another, and shall not permit the same to remain unclean, to become a nuisance, or to become an insect -breeding or rat harborage area to the annoyance of any citizen of the City. Any owner, lessee or occupant who maintains any shed, pen, cage or other place where not more than twenty (20) fowls of any kind are kept, as permitted by Section 5-109, shall maintain the same in a clean and sanitary condition and not permit the same to become a nuisance or to become an insect -breeding or rat harborage area to the annoyance of any citizen of the City. Stables, sheds, pens or outdoor cages maintained for the keeping of any other animals or fowls not specifically prohibited shall be kept in a clean and sanitary condition and shall not be allowed to become unclean, or a nuisance, or an insect -breeding or rat harborage area to the annoyance of any citizens of the City. Provided, that nothing herein shall authorize a violation of the zoning ordinances of this City. 5-112. NOVELTIES. It shall be unlawful for any person to sell, offer for sale, barter or display any rabbits, baby chicks or ducklings which have been dyed, colored or otherwise treated so as to impart to them an artificial color or to sell, offer for sale, barter or display any rabbits, baby chicks or ducklings in any place where food is prepared for consumption and/or sold and/or consumed on the premises. In the event that any other animal or fowl shall be sold, offered for sale, bartered or displayed which have been dyed, colored or otherwise treated so as to impart to them an artificial color, the Health Officer shall be immediately informed and shall decide whether such action is contrary to the health interests of the City. 5-113. IMPOUNDING ANIMALS WHICH HAVE BITTEN PERSONS OR OTHER ANIMALS. (a) Any animal which has bitten a person or another animal shall be securely tied or otherwise confined for an observation period of at leastten (10) days from the date of the bite. (b) If the owner of a biting animal produces a certificate of a licensed veterinarian showing that such animal has been vaccinated for rabies not longer than one year thereto and not less than thirty (30) days prior thereto, the owner may be allowed to confine said animal on his own premises for the 10 -day period specified. (c) If the owner of a biting animal shall fail to produce such certificate referred to in the preceding paragraph, the owner shall surrender such animal to a police officer or shall be responsible for immediately impounding such animal in an approved veterinary clinic or in a place provided for that purpose by the City. Such animal shall be impounded at the cost of its owner until ten (10) days after the biting of the person or other animal. During this 10 -day period, it shall be determined by the Health Officer, at the owners expense, whether or not such animal is suffering from any dangerous disease which could be transmitted to the person or other animal bitten. 5-114. SAME: DISEASED ANIMAL TO BE TREATED OR DESTROYED. If it shall be determined that such animal confined under the provisions of Section 5-113 (c) is diseased and by reason of such disease is dangerous to persons or other animals, the poundkeeper or the owner shall, upon notice thereof, immediately destroy such animal unless the disease found is amenable to treatment, in which case the animal may be treated by a licensed veterinarian at the owners expense. Any biting animal confined at the premises of the owner under the provisions of Section 5-113 (b) shall be carefully watched by the said owner and if any symptoms of illness should develop during the ten (10) day confinement period, the Health Officer shall be immediately notified. Upon such notification, the Health Officer shall request a licensed veterinarian to examine the animal under observation at the owners expense. If the said animal is determined to be suffering from any disease which could be transmitted to the person or animal bitten, then such biting animal shall be immediately destroyed unless the disease found is amenable to treatment, in which case the owner may have the animal treated by a licensed veterinarian, at the owners expense, until such time as the animal is no longer dangerous to another animal or to any person. CONSOLIDATED-SALINA 1 1 5-115. SAME: REDEMPTION AND/OR RELEASE OF UNDISEASED ANIMAL. If it shall be determined that any animal impounded by the City under the provisions of Section 5-113 (c) is not diseased, the pound -keeper shall notify the owner, keeper or harborer of such animal and, upon demand, shall release such animal to the owner upon the payment by said owner of the cost of impounding, keeping, care and examination of such animal. In the case of any animal impounded or confined at the premises of the owner, under Section 5-113 (b), at the expiration of the 10 -day confinement period if the animal has not shown any visable evidence of any contagious or transmittable disease, it may be released from confinement after examination by a licensed veterinarian at the owners expense. Failure to secure such final examination before release subjects the owner, keeper or harborer of the animal to the penalty provided in Section 5-117. 5-116. SAME: FAILURE TO REDEEM. If the owner, harborer or keeper of any animal impounded in the City pound under the provisions of Section 5-113 (c) fails to redeem such animal as provided in Section 5-115 within five (5) days after the ten (10) day period of observation, the animal may be sold, euthanized or otherwise disposed of by the pound - keeper. 5-117.. PENALTY TO SECTIONS 5-109 to 5-116, INCLUSIVE. Any person who shall violate any of the provisions of Sections 5-109 to 5-116, both inclusive, of this Article shall, upon conviction thereof, be fined not less than Ten ($10) Dollars nor more than One Hundred ($100) Dollars for each offense. And each days continued maintenance of any nuisance herein listed shall be deemed to constitute a separate offense, and any such penalty may be enforced in addition to any remedy which the city or any resident thereof may have by way of abatement or injunction. 5-119 This ordinance shall take effect and be in force from and after publication in the official city newspaper. (SEAL) Attest: City Clerk Introduced: July 1, 1963 Passed: July 8, 1963 Maya 5-118. That sections 5-102 to 5-117, both inclusive, of the Code of the City of Salina, Kansas, 1960 be and the sane is hereby repealed.