96-9747 AnimalsAMENDtU
BY ORDINANCE NO. &-,MJ1
ORDINANCE NUMBER 96-9747
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS
7-1, 7-5, 7-31, 7-57 AND 7-93 OF CHAPTER 7 OF THE SALINA CODE
PERTAINING TO ANIMALS AND REPEALING THE EXISTING SECTIONS.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 7-1 of the Salina Code is 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 -l", Agricultural,
"I-2", Light Industrial, and 11I-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 dog means:
(a) Any dog 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;
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(b) Any dog which, without provocation, attacks or
bites, or has attacked or bitten, a human being or
domestic animal; or
(c) Any dog owned or harbored for the purpose of
dog fighting, or any dog trained for dog fighting.
(11) Dog means any member of the Canis Familiaris, male
or female, regardless of age.
(12) Fowl means any animal that is included in the
zoological class Aves.
(13) 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.
(14) Health officer means the city -county health officer, or
his authorized representatives, including any employee of
the city -county health department.
(15) 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.
(16) Household means all persons living in the same
dwelling unit.
(17) 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.
(18) Humane officer means any staff person employed at
the city animal shelter.
(19) 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.
(20) 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.
(21) 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 chapter. Any
kennel shall be located only in "A -I", Agricultural, "1-2",
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.
(22) Large animal means any swine, bovine, goat, sheep,
beast of burden or any other domestic or wild animal of
similar or larger size.
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(23) Microchip means a small electronic device inserted
beneath the skin, between the shoulder blades, of an animal
which can be scanned for identification purposes.
(24) Neutered means any male or female cat or dog that
has been permanently rendered sterile.
(25) 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.
(26) Premises means any parcel of land and any structure
thereon in which any animal regulated by this chapter is
housed and/or confined.
(27) Proper tattoo means a legible, indelibly marked
number corresponding to a system approved by the health
officer.
(28) Registration tag means any system of animal
identification approved by the city clerk which does not
involve alteration or permanent marking of any animal.
(29) Small animal means any animal not within the definition
of large animal, but including all dogs without reference to
size.
(30) 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.
(31) 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.
(32) Vicious
means a cross,
disposition or a habit, tendency
any person
or domestic animal
when there
is no provocation; or
any person
or other domestic
provocation.
ferocious or dangerous
or disposition to approach
in an attitude of attack
to snap at, attack or bite
animal when there is no
(33) 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.
(34) Wild animal means any animal which is predominately
free -roaming as opposed to domesticated, and includes any
rabies carrying species for which no antirabies vaccine has
been approved by the Centers for Disease Control . "
Section 2. That Section 7-5 of the Salina Code is hereby amended to
read as follows:
"Section 7-5. Dangerous or- Vicious Dogs.
(a) Prohibited. It is unlawful for any owner, as defined
in this chapter, who keeps any dog within the city limits to
allow the following, which are declared to be public
nuisances and prohibited:
(1) To permit such dog to attack or bite any person
or animal that is not upon the premises of the owner.
(2) To permit such dog 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 dog 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 dog 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 dog 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 dog)
hearings to determine whether there are reasonable
grounds to believe that a dog 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 dog 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 a dog is ordered
to be impounded pursuant to this subsection, the owner of
the dog 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 dog.
(e) Destruction of dog. Upon an initial conviction of
this
section, if
the municipal court judge finds
that the
dog
represents
a continuing threat of serious
harm to human
beings or
other domestic animals, he may
order the
dog
humanely
euthanized . Upon a second
or subsequent
conviction
of this section involving the
same dog
as
involved in
the prior conviction, the judge
shall order
that
the dog be
humanely euthanized . "
Section 3. That Section 7-31 of the Salina Code is hereby amended to
read as follows:
.W.
"Section 7-31. Prohibited owning; exemptions.
The owning, harboring, keeping or possessing of any
wild, poisonous or vicious animal within the city limits is
hereby prohibited, except for those wild animals kept
under the permit of the Kansas Wildlife and Parks
Department or the United States Fish and Wildlife Service,
or any animal used for educational purposes. 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 than 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 . "
Section 4. That Section 7-57 of the Salina Code is hereby amended
to read as follows:
"Section 7-57. Duty to report dog bites.
The owner, as defined in this chapter, of any dog
shall immediately report to the chief of police or health
officer any incident in which the dog has actually bitten
any person or domestic animal, regardless of
circumstances, and shall cause the dog to be confined in a
secure enclosure or building until an investigation is
conducted by the chief of police and/or health officer."
Section 5. That Section 7-93 of the Salina Code is hereby amended to
read as follows:
"Section 7-93. Fees; exemptions.
(a) The registration fees for cats and dogs shall be
determined by resolution.
(b) As proof of neutering and/or permanent identification
such as tattooing, microchip or other types of approved
identification, the applicant shall present to the city
clerk a validation signed by a licensed veterinarian.
(c) No registration fee shall be charged to any owner of
a dog trained and being used as a guide or hearing dog."
Section 6. That the existing Sections 7-1, 7-5, 7-31, 7-57 and 7-93 of
the Salina Code are hereby repealed.
Section 7. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
{SEAL}
ATTEST:
j
/J
Jud D . ng, City Cle
Introduced: June 10, 1996
Passed: June 17, 1996
Evelyn Maxwell, Mayor