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99-9938 AnimalsfAfdORMIOE "'. (Published in the Salina Journal on August (p , 1999) ORDINANCE NUMBER 99-9938 AN ORDINANCE AMENDING CHAPTER 7 OF THE SALINA CODE PERTAINING TO ANIMALS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Sections 7-1, 7-3, 7-5, 7-31, 7-32, 7-33, 7-46, 7-48, 7-57 and 7-74 of Chapter 7 of the Salina Code are hereby amended to read as follows: "Section 7-1. Definitions. The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them: (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) Catterie means any establishment where more than four (4) purebred cats, registered under any nationally recognized cat fancy group, society or association, are kept as a hobby or profit, where the breeding of such animals is for the improvement of the breed, and where such cats are kept in a specific, indoor, enclosed area at all times. Any catterie owner shall reside only in "A-1", Agricultural, 1-2", Light Industrial, and "I-3", Heavy Industrial, zoning districts of the city, except that any person operating a catterie in any residential zoning district of the city at the time of the adoption of this chapter shall be permitted to continue catterie operation at such location, provided that such catterie is continuously licensed with the city from June 1, 1980 onward. (8) Chief of police means the duly appointed, highest ranking officer in charge of the police department or his authorized representatives. (9) Commercial animal establishment means any pet shop, grooming shop, auction, riding stable, guard dog service, kennel, hobby breeder, catterie, animal shelter, other than that operated by the city, animal hospital, business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments. (10) Dangerous animal means: (a) Any animal which has exhibited a vicious propensity toward persons or domestic animals and is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property; (b) Any animal which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or (c) Any animal owned or harbored for the purpose of animal fighting, or any animal trained for animal fighting. C.-W.1w sin. (11) Dog means any member of the Canis Familiaris, male or female, regardless of age. (12) 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. (13) Fowl means any animal that is included in the zoological class Aves. (14) 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. (15) Health officer means the city -county health officer, or his authorized representatives, including any employee of the city -county health department. (16) Hobby breeder means any person who owns more than four (4) but less than twenty (20) purebred, registered dogs over the age of nine (9) months, which are habitually boarded and lodged within the person's domicile or yard; and who, furthermore, provides a fenced and /or totally enclosed exercise area; and provided, furthermore, that such animals are, at all times, kept in the fenced or enclosed area, except when under the personal and immediate control of the owner. To be considered a hobby breeder, a person must be a member, in good standing, of any national dog fancy association; and provided furthermore, that the purpose and intent of breeding the animals is as a hobby and for the sole improvement of the breed. (17) Household means all persons living in the same dwelling unit. (18) 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. (19) Humane officer means any staff person employed at the city animal shelter. (20) 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. (2 1) Inhumane or cruel treatment or manner means any treatment to any animal which deprives the animal of necessary sustenance, including sufficient and wholesome food, potable water and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment that causes suffering to such animal. (22) Kennel means any premises upon which five (5) or more cats and dogs are kept, boarded, bred, trained for a fee, bought, and/or sold, except for commercial animal establishments otherwise enumerated in this S.W chapter. Any kennel shall be located only in "A -l", Agricultural, "I-211 , Light industrial, or "I-3", Heavy industrial, zoning districts of the city, except that any person operating a kennel for cats or dogs in any residential zoning district of the city at the time of adoption of this chapter shall be permitted to continue kennel operation at such location, provided that such kennel is continuously licensed with the city from June 1, 1980 onward. (23) Large animal means any swine, bovine, goat, sheep, beast of burden or any other domestic or wild animal of similar or larger size. (24) Microchip means a small electronic device inserted beneath the skin, between the shoulder blades, of an animal which can be scanned for identification purposes. (25) Neutered means any male or female cat or dog that has been permanently rendered sterile. (26) 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 minor owns an animal, then any household head of which such minor is a member shall be deemed the owner of such animal under this chapter and shall be responsible as the owner, whether or not such household head is himself a minor. If not a member of a household, such minor shall be directly subject to the provisions of this chapter. (27) Premises means any parcel of land and any structure thereon in which any animal regulated by this chapter is housed and/or confined. (28) Proper tattoo means a legible, indelibly marked number corresponding to a system approved by the health officer. (29) Registration tag means any system of animal identification approved by the city clerk which does not involve alteration or permanent marking of any animal. (30) Small animal means any animal not within the definition of large animal, but including all dogs without reference to size. (3 1) Summons means a violation notice requiring the violator to appear before the municipal judge, or in lieu of such appearance, pay such fine as is prescribed in this chapter. (32) Supervisor. The use of this title through this chapter shall be a reference to the supervisor of animal control and protection and any or all humane officers assigned work under the direct control of the supervisor of animal control and protection who may act through staff to perform any duty under this chapter unless otherwise specifically stated. (33) 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. (34) Vicious means a cross, ferocious or dangerous disposition or a habit, tendency or disposition to approach any person or domestic animal in an attitude of attack when there is no provocation; or to snap at, attack or bite any person or other domestic animal when there is no provocation. (35) Weatherproof enclosure means a shelter consisting of four walls, a roof and a floor. The fourth side will contain an opening large enough to provide access to the animal. (36) 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 carrying species for which no antirabies vaccine has been approved by the Centers for Disease Control. Section 7-3. Emergency treatment of sick or injured cats and dogs. (a) Any sick or injured cat or dog found at large in the city and wearing a current city registration tag, identification tag or rabies vaccination tag or having a proper tattoo marking or microchip shall be taken at once to a veterinarian for examination and treatment, and the owner of such animal shall be promptly notified. All charges for veterinary services shall be borne by such owner. (b) Any sick or injured cat or dog found at large in the city without such identifying tag, tattoo or microchip shall be examined at once by the supervisor and held at the animal shelter as prescribed in Section 7-138. Section 7-5. Dangerous or Vicious Animals. The court shall have the authority to declare an animal vicious because of the inherently dangerous nature of the animal as to persons or to other domestic animals, its history of attack or wounding of persons or other domestic animals, the seriousness of these attacks or wounds, or its potential to inflict wounds in the future. Such declaration shall be grounds for the impoundment and humane euthanizing of the animal. If it is determined by the chief of police that an animal presents a danger to persons, such determination shall be grounds for immediate impoundment of the animal pending the determination by the court of whether the animal is to be declared vicious. Costs of the impoundment shall be assessed to the animal owner, as defined in this chapter. (a) Prohibited. It is unlawful for any owner, as defined in this chapter, who keeps any animal within the city limits to allow the following, which are declared to be public nuisances and prohibited: (1) To permit such animal to attack or bite any person or animal that is not upon the premises of the owner. (2) To permit such animal to attack or bite any person or animal that is upon the premises of the residence 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. (3) To permit such animal kept by such owner within or upon the premises of any business establishment to attack or bite any person or animal upon such premises. It is 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. (b) Exception. The provisions of subsection (a) shall not apply to any law enforcement officer who uses or employs a dog while engaged in law enforcement activities, nor to any owner of any dog which attacks or bites a person engaged in physically attacking or striking such owner. (c) Complaint and notice to appear. (1) Any person who witnesses or has other personal knowledge that an act or acts made unlawful by the provisions of this section have been committed in violation of said provisions may sign a complaint against the alleged violator. (2) Any police officer or humane officer of the city is authorized to issue a uniform complaint and notice to appear to any person when the officer personally observes a violation of the provisions of this section or when information is received from any person who has personal knowledge that an act or acts which are made unlawful by the provisions of this section have occurred. (d) Ex parte hearings and court orders. The municipal court of the city is authorized to hold ex parte (without notice to or the presence of the owner of the animal) hearings to determine whether there are reasonable grounds to believe that an animal may constitute a danger to any person or persons if not impounded. If, after the hearing, the court finds reasonable grounds exist, the court is authorized to enter orders either on its own motion or on the motion of the city prosecutor or the city prosecutor's authorized representative, to seize and impound (or continue the impoundment of) the animal until the completion of all trial and legal proceedings held in the municipal court of the city to determine whether there has been a violation of this section. If an animal is ordered to be impounded pursuant to this subsection, the owner of the animal shall be entitled to a hearing in the municipal court within fourteen (14) days of impoundment to review the propriety of the impoundment. Costs of the impoundment shall be assessed to the owner of the animal. (e) Destruction of animal. Upon an initial conviction of this section, if the municipal court judge finds that the animal represents a continuing threat of serious harm to human beings or other domestic animals, he may order the animal humanely euthanized. Upon a second or subsequent conviction of this section involving the same animal as involved in the prior conviction, the judge shall order that the animal be humanely euthanized. Section 7-31. Prohibited owning; exemptions. (a) The owning, harboring, keeping, possessing or selling of any wild, exotic, poisonous or vicious animal within the city limits is hereby prohibited. This prohibition shall not apply to: (1) Those wild or exotic animals kept under a Rehabilitation or Scientific and Exhibition Permit of the Kansas Wildlife and Parks Department. (2) Zoos, circuses, carnivals, veterinarian clinics in possession of such animals during treatment, educational institutions or medical institutions. (3) Persons temporarily transporting such animals through the city. (b) The owning of any fowl within the city limits is hereby prohibited, except: Caged birds kept as pets within a residence structure; or 2. Ducks and geese with a minimum of 400 square feet of water per duck or goose. Each location is limited to a maximum of 15 water fowl; or 3. The owning of chickens shall be limited to a maximum of 15 per residence, kept in accordance with Section 7-33. 4. Pigeons, kept in accordance with Section 7-33. 5. Other domestic fowl, kept in accordance with Section 7-31(c)(2). (c) No livestock, including but not limited to horses, mules, cattle, sheep, goats, and swine, shall be owned, or maintained within the city limits, except: I. Horses which are used for riding purposes may be stabled within the city limits only in designated areas which have been given a special permit for the purpose by the City -County Health Department. Such designated areas, for the purpose of health and sanitation, shall be under the supervision of the health officer. If at any time such designated areas shall become a nuisance or a fly - breeding or rat -infested area, the health officer shall have the authority to revoke such special permit within ten (10) days after notifying the board of commissioners. 2. Livestock in conjunction with livestock auctions, livestock shows and rodeos given a permit by the City -County Health Department. (d) It shall be unlawful for any veterinarian within the city to fail to report to the supervisor the examination or treatment of any animal that is owned or maintained in violation of this chapter. Cswd,WdS.1. Section 7-32. Limitation on numbers of animals owned; removal. When animals in excess of the limits established in the Salina Code are found at a residence, all of the animals found at the residence may be removed by the supervisor and impounded, except that the person in charge of the residence may designate and retain up to those limits established in the Code. Section 7-33. Location of yard housing for animals. (a) It shall be unlawful for any person to maintain any chicken coop, pigeon cote, or rabbit hutch closer than fifty (50) feet to the nearest portion of any building occupied by or in any way used by any person, other than the dwelling occupied by the owner of the animals. Any yard housing for the animals shall be subject to the maintenance requirements prescribed in Section 7-58, and any yard enclosure shall be so construction and maintained that any animal kept therein is securely confined and prevented from escaping therefrom. (b) No chickens, pigeons, ducks or geese shall reside within the living area of the owner's residence. Section 7-46. Animal care requirements and prohibition of animal cruelty. (a) It shall be unlawful cruelty to animals for any person to own any animal and: 1. Fail to provide such sufficient and wholesome food; potable water; shade and protection from the weather, which shall include a structurally sound, weatherproof enclosure large enough to accommodate the animal, but not so large that it would not retain body heat adequately; opportunity for exercise, veterinary care when needed to treat injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal; or 2. Abandon or leave any animal in any place. For the purpose of this provision, "abandon" means for the owner or keeper to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than twelve (12) hours without providing for adequate food, potable water, and shelter for the duration of the absence; or turn or release any animal for the purpose of causing it to be impounded; or 3. Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal. (b) Any animal impounded for being kept in violation of this section or section 7-71 may be humanely euthanized by the supervisor if he deems it necessary to relieve suffering. The owner of any animal that is not euthanized shall be entitled to regain custody of such animal only after such custody is authorized by the court. All expenses accrued for the treatment or care of such animal shall be paid by the owner, whether or not he seeks to regain custody of such animal. Section 7-48. Running at large prohibited; exemptions. It shall be unlawful for the owner of any animal to permit such animal to run at large within the city at any time. Any animal shall be deemed running at large when such animal is not inside a resident structure, secure fence, or pen; on a leash held by a person capable of controlling such animal; or tethered in such a manner as to prevent its getting onto public rights-of-way or another's property. This provision shall not apply to pigeons or to cats, which shall, however, be kept under reasonable restraint to prevent such nuisance activities as are prohibited in Section 7- 49. Section 7-57. Duty to report animal bites. The owner, as defined in this chapter, of any dog, cat or ferret shall immediately report to the Animal Shelter, Health Department or Police ConwlimbO UU. Department any incident in which the animal has actually bitten any person or domestic animal, regardless of circumstances, and shall cause the animal to be confined in a secure enclosure or building until an investigation is conducted by the proper authority. Section 7-74. Selling of certain animals prohibited. (a) It shall be unlawful for any person to sell or display within the city any animal or fowl that has been artificially dyed or colored. Fowl or rabbits younger than eight (8) weeks of age may not be sold or offered for sale in quantities of fewer than five (5) to an individual purchaser. (b) No wild, exotic, poisonous or vicious animal may be sold within the city limits, except as allowed under Section 7-31(a)." Section 2. That the existing Sections 7-1, 7-3, 7-5, 7-31, 7-32, 7-33, 7-46, 7-48, 7-57 and 7-74 of Chapter 7 of the Salina Code are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: July 26, 1999 Passed: August 2, 1999 onte Shadwick, Mayor {SEAL) ATTEST: oC�J U . Lo , CMC, City2k