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:
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U . Lo , CMC, City2k