Ordinance Text in Full:
2-109. LIMITATIONS ON OWNERSHIP.
2-110. KEEPING OF A DANGEROUS AND/OR WILD ANIMAL.
It is the intent of this Chapter to promote harmonious relationships in the interaction between humans and animals by:
(a) Protecting animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards;
(b) Delineating the responsibilities of an animal owner, harborer or keeper for the acts and behavior of such animal;
(c) Providing security to citizens from annoyance, intimidation, injury, and health hazards by an animal;
(d) Encouraging responsible pet ownership; and (e) Providing standards for any and all persons and agencies, public or private,
engaged in confinement, buying, selling, harboring, or dealing in animals in any manner whatsoever.
The following words, terms and phrases, when used in this Chapter, shall have the meanings described to them as follows, except where the context clearly indicates a different meaning:
(a) Abandonment includes the following acts by an owner, harborer or keeper of an animal:
(1) leaving an animal on private or public property without providing responsible animal care for the animal;
(2) refusing to pay for the care of an animal when an animal becomes lost or escapes and another person cares for the animal;
(3) refusing to claim responsibility for the actions of an animal; or
(4) refusing to pay for an animal which has been impounded pursuant to this Chapter.
(b) Adequate Feeding is providing to an animal at suitable intervals (not to exceed 24 hours) a quantity of wholesome foodstuff, suitable for the animal according to the species and age of the animal, that is sufficient to maintain a reasonable level of nutrition for the animal.
(c) Adequate Watering is providing to an animal clean fresh, potable water, supplied in a sanitary manner either continuously or at intervals suitable for the species of the animal, but not to exceed intervals of 10 hours.
(d) Animal means any living, vertebrate creature, domestic or wild, other than lobster, shrimp, clams, fish in an aquarium, and humans.
(e) Animal Control Officer hereinafter A.C.O., is a person employed by, contracted with or appointed by the state, or any political subdivision thereof, for the purpose of aiding in the enforcement of this article, or any other law or ordinance relating to the licensing or permitting of animals, control of animals or seizure and impoundment of animals, and includes any state, county or municipal law enforcement officer, whose duties in whole or in part include the assignments which involve the seizure or taking into custody of any animal.
(f) Animal Shelter is any premises designated by the city for the purpose of impounding and/or quarantining and/or caring for animals.
(g) Bite means any contact between the teeth of an animal and the skin of another animal or person which causes visible trauma, such as a puncture wound, laceration, abrasion, or other opening of the skin.
(h) Bureau of Licenses, hereinafter B.O.L. means the City Clerk or other person designated by the City Administrator to issue licenses and regulations governing the issuance of licenses pursuant to this Chapter.
(i) Cat shall be defined as felis domesticus.
(j) Dangerous Animal means any mammal, reptile or bird which because of its size, vicious nature or other characteristics, would constitute a danger to human life or property if it is not kept in a safe manner in secured quarters. “Dangerous Animal” also includes any wild/domestic animal hybrid and any pit bull dog, Staffordshire Bull Terrier, American Staffordshire Terrier, American Pit Bull Terrier, or any animal having the appearance or characteristics of being predominantly of the breeds known as Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier.
(k) Dog shall be defined as canis familarias only (not as hybrids such as familiaris/lupus or familiaris/latrans).
(l) Domestic Animal means any animal tamed by humans.
(m) Euthanasia is the humane killing of an animal by a method which produces instantaneous unconsciousness and immediate death without visible evidence of pain or suffering.
(n) Harborer means any person who provides food and/or shelter for seven consecutive days or more.
(o) Inoculation for Rabies or Vaccination for Rabies means the inoculation of an animal by a licensed veterinarian with a vaccine approved by the State of Kansas for use in the prevention of rabies.
(p) Keeper shall mean any person temporarily entrusted with the care and custody of the animal.
(q) Kennel means any person engaged in the business of breeding, buying, selling, or boarding dogs and cats.
(r) Nuisance means an animal:
(1) is unsecured; or
(2) acts in a manner that would disturb a reasonable person other than the owner, harborer or keeper of the animal by growling or biting at a person;
(3) chases, molests, or acts in a manner toward a person other than the owner, harborer or keeper that reasonably disturbs a person;
(4) attacks animals other than wild animals;
(5) damages the property of a person other than the owner, keeper or
(6) barks, bays, howls, or makes any other noise that reasonably tends to
disturb a person that has signed a statement (which can be recorded by the A.C.O.) setting forth facts concerning the volume, time, and length of barking. The person making such statement must agree in writing to testify in court if requested;
(7) creates odors that would offend a reasonable person other than the owner, keeper or harborer of the animal;
(8) defecates on public property;
(9) defecates on private property without the permission of the owner of the property;
(10) becomes or creates an insect breeding site;
(11) is ridden on public property and obstructs or interferes with vehicular or pedestrian traffic;
(12) threatens or endangers public health;
(13) impedes refuse collections; or
(14) acts in any other manner that interferes with the enjoyment of property by a person other than the owner, harborer or keeper of the animal.
(s) Person means any individual, association, partnership, corporation or any other group.
(t) Pet Shop means any person engaged in the business of breeding, buying, selling, or boarding animals in any species.
(u) Primary Enclosure means any structure used or designed to restrict any animal to a limited space, such as a room, pen, cage, compartment or hutch.
(v) Responsible Animal Care means any owner, harborer, or keeper of any animal must provide:
(1) adequate feeding;
(2) adequate watering;
(3) proper and comfortable shelter;
(4) veterinary care to prevent the animal from suffering and or provide for the health and well-being of the animal, including customary inoculations to
maintain good health;
(5) humane treatment and socialization for the needs of the animal;
(6) sanitary conditions, including making physically clean and the prompt
removal and sanitary disposal of all excreta; or
(7) the required amount of appropriate exercise to promote the good health of the animal.
(w) Secured Animal means any animal other than a cat that is:
(1) attached to a hand-held lead not more than eight feet in length and
prevented from making uninvited contact with humans or other animals;
(2) safely tethered to a chain or leash not more than eight feet in length provided the animal is under the direct and constant observation of and control of the owner, keeper or harborer and prevented from making
uninvited contact with humans or other animals;
(3) confined to a cage, pen, vehicle, or trailer; or
(4) on the premises of the owner, harborer or keeper and under control of a responsible person and obedient to the command of that person.
(x) Secured Enclosure means a locked structure enclosing an area suitable to confine a vicious dog or a dangerous animal and suitable to prevent young children from coming in physical contact with the animal. The structure shall be comprised of a top, sides and bottom and shall be designed to prevent the animal from escaping. If the bottom of the structure is not attached to the sides, the sides must be embedded in the ground by no less than one foot.
(y) Sell and/or Sold means transfers by sale or exchange. Maintaining animals for sale is presumed whenever 20 or more animals are maintained by any person.
(z) Shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, age and condition of the animal which provides shade from direct sunlight and regress from exposure to inclement weather conditions. The shelter shall contain proper bedding material as appropriate for the species. The shelter shall be reasonably comfortable for the animal.
(aa) Swine means any of various stout-bodied, short-legged omnivorous mammals of the family Suidea with a thick bristly skin and a long mobile snout.
(bb) Trap means any mechanical device or snare which seeks to hold, capture or kill an animal.
(cc) Veterinary Hospital means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals.
(dd) Vicious means having a disposition or propensity to attack or bite any person or animal without provocation.
(ee) Wild Animal means an animal as defined at (d) herein that is not of a species customarily used as an ordinary household pet, but one which would ordinarily be confined to a zoo or one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Fish in an aquarium are not included in this definition.
2-109. LIMITATIONS ON OWNERSHIP.
(a) It shall be unlawful for any person to own, harbor or keep more than two dogs and/or two cats over six months of age in the City of Leawood unless the person has properly obtained a permit allowing the person to keep a greater number of dogs and/or cats.
(b) Any person who desires to own, keep or harbor more than two dogs and/or two cats, including those desiring to operate a circus, bona fide educational institution, bona fide medical institution, or bona fide museum, kennel, pet shop, bona fide licensed veterinary hospital, livery or riding stable, commercial zoo, zoological park, animal act, or similar place of exhibition of animals, may apply to the City Clerk for a “Special Animal Permit,” that shall, upon issuance, allow the applicant to own, keep or harbor the animals specifically allowed in that permit.
1. All applicants must adequately show that special circumstances exist that justify the keeping of the subject animals, and that the keeping of additional animals will not create a nuisance in the surrounding neighborhood, that reasonable animal care will be provided and that the premises where the animals are kept is suitable for the keeping of multiple animals and is in conformity with all City zoning requirements. The criteria to be evaluated include, without being limited to the following:
a. That the animals will be kept or maintained at all times in a safe
and sanitary manner.
b. That the quarters in which such animals are kept or confined will be adequately lighted and ventilated and are so constructed and maintained that they can be kept in a clean and sanitary condition.
c. That the health and well-being of the animals will not in any way
be endangered by the manner of keeping or confinement.
d.That the keeping of such animals will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding
e. That the keeping of such animals will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animals are kept or harbored.
f. That the animals will not unreasonably annoy humans, endanger the life, health or safety or citizens to the enjoyment of life or property.
g. That the animals will not repeatedly run or be found at large, will not damage or deposit excretory matter upon the property of anyone other than their owner, and will not chase vehicles or molest or intimidate pedestrians or passersby.
h. That the animals will not make disturbing noises, including but not limited to, continued and repeated or untimely howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors and others in close proximity to the premises where the animals are kept or harbored, or otherwise be offensive or dangerous to the public healthy, safety or welfare, by virtue of their behavior, number, type or manner of keeping.
i. That the applicant or any person who will share in the care, custody and control of the animals, is not currently in violation of, or has not previously violated any applicable City, state or federal laws, codes, rules or regulations, including but not limited to, those pertaining to the reasonable animal care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the subject permit.
(c) The City Clerk shall deny any application where the applicant fails to show proof of the aforementioned requirements by review of an examination of the documentation submitted by the applicant, or an investigation by the animal control division of the police department, or both, reveals that, in the opinion of the Animal Control Division, the applicant has failed to meet the requirements of this section. Any such applicant shall be required to show proof of meeting the required standards by clear and convincing evidence.
The Animal Control Division shall submit a written report of its investigation stating the factual basis for its recommendation to grant or deny any application. The Animal Control Division shall consider the comments of neighbors, past violations by applicant, the size, condition and location of the area where the animals will be kept, the size of the animals to be kept, past complaints concerning the applicant and the criteria set forth in this section and any other factors relevant to the issue of keeping additional animals.
(d) The City Clerk shall establish an application process to be followed by all individuals seeking a “special animal permit.” The permit shall be issued for the period from January 1st through December 31st of each year. The special animal permit shall be issued for the individual animals listed in the application and shall not be transferable to other animals except for a circus, bona fide educational institution, bona fide medical institution, or bona fide museum, kennel, pet shop, bona fide licensed veterinary hospital, livery or riding stable, commercial zoo, zoological park, animal act, or similar place of exhibition of animals, which may substitute animals up to a certain number as approved in the special animal permit. The fact an individual has previously been issued a special animal permit may be considered but shall not be controlling in the City Clerk’s decision to issue a special animal permit for a different animal.
(e) The City Clerk may revoke any permit if the person holding the permit refuses or fails to comply with this Chapter, the regulations promulgated by the City Council, or any state or local law such as those governing cruelty to animals, or the keeping of animals, or if the animals’ place of keeping otherwise constitutes a nuisance to the surrounding neighbors or that the permittee had provided false information in the application. Any person whose permit is revoked shall, within 30 days thereafter, sell or otherwise humanely remove the animals from the premises and no part of the permit fee shall be refunded.
(f) As used in this section, “special circumstances” is defined as any unusual, extraordinary and exceptional situation or condition whereby the strict application of the numerical limits set forth in this section would be contrary to the intent, purposes and objectives of such limitations and would be contrary to the public interest and welfare.
(g) The provisions of this section do not apply to service animals otherwise governed under K.S.A. 39-1101 et seq.
(h) Any person who is denied a special animal permit or who has had an existing permit revoked may, within 10 days thereafter, file a written notice or statement of appeal from said decision, ruling, action or finding to the Leawood Municipal Court including the administrative fee, for an administrative hearing thereon.
1. An administrative fee of $10.00 shall be paid to the Municipal Court Clerk and is required for each appeal to the Municipal Court, and no appeal shall be set for hearing until such fee has been paid.
2. The filing of an appeal under this subsection shall stay any action taken pursuant to this chapter for sixty (60) days, provided, however, that the Judge of the Municipal Court may grant an additional stay up to a total of 120 days from the day of the original denial of the special animal permit.
3. The hearing on the appeal shall be conducted by a Leawood Municipal Court judge who will sit as an administrative judge for purposes of this chapter. The sole issue for determination shall be whether decisions, rulings, actions or findings of the Animal Control Officer and/or City Clerk were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case. If the Court denies the application, then the Court shall set a reasonable time, not to exceed an additional 120 days for the applicant to remove the animals from the applicant’s premises.
(j) An initial permit fee in the amount of $100.00 shall be paid by the owner, keeper or harborer of the animal identified in the permit. A permit renewal fee in the amount of $50.00 shall be paid by the owner, keeper or harborer, for each year thereafter. All fees shall be nonrefundable and nontransferable.
2-110. KEEPING OF A DANGEROUS AND/OR WILD ANIMAL.
(a) It shall be unlawful for any person to own, keep or harbor any dangerous or wild animal within the city limits except as herein provided.
(b) No person, other than the following entities having a valid dangerous animal permit, may keep a dangerous or wild animal for display or for exhibition purposes whether gratuitously or for a fee in the City of Leawood.
(1) a zoological park;
(3) bona fide licensed veterinary hospital;
(4) bona fide educational institution;
(5) bona fide medical institution;
(6) bona fide museum.
Such persons or entities may receive a permit for keeping a dangerous animal if the subject animal or animals are considered wild animals such as lions, tigers, bobcats, all other members of the feline family, bears, wolves, coyotes, monkeys, apes, gorillas, poisonous or dangerous snakes or other reptiles, poisonous or dangerous insects, eagles, hawks, owls, other wild or dangerous members of the bird family, and any bird that is not captive bred domestically.
Any such person or entity must have a permit to keep a dangerous animal in the city, and shall execute the following agreement, which shall be attached to the permit as Exhibit A:
Agreement Permitting Inspections
I, ___________ have applied for a permit to keep a dangerous animal in the city, at premises known as _____________________. I understand that keeping a dangerous animal can pose special problems for the city. I agree that a city animal control officer may enter the premises described as _______________ at any time with or without previous notice of the purpose of making an inspection. Such entry for inspection shall not include entry into any building or part of a building except locations where such animal is customarily kept or permitted to roam, and a way to get into such location.
(c) The Federal Animal Welfare Act must be strictly followed if any dangerous animal is to be kept by a zoological park, circus, bona fide licensed veterinary hospital, bona fide educational or medical institution or museum.
(d) No person shall keep or permit to be kept any dangerous animal as a pet.
(e) Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous animal within the city, the city shall conduct an investigation and if the investigation reveals evidence that indicates that such person named in the complaint is in fact the owner, keeper or harborer of any such dangerous animal in the city, the city shall mail written notice to the property owner where the animal is located requiring the owner to safely remove the animal from the city within five days. Notice shall not be required where a dangerous animal has caused serious physical harm or death to any person or has escaped and is at large, in which case the city shall cause the animal to be immediately seized and impounded or killed, if seizure and impoundment are not possible without the risk of serious physical harm or death to any person.
(f) The city shall forthwith cause to be seized and impounded any dangerous animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent. Upon seizure and impoundment, the animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals. If, during the seizing and impounding of any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the city may render the animal immobile by means of tranquilizers or other safe drugs or if that is not safely possible, then the animal may be killed.
(g) Any reasonable expenses incurred by the city in seizing, impounding and confining any dangerous animal shall be charged against the owner, keeper or harborer of such animal. Such charges shall be in addition to any fine or penalty provided for violating this section.