Statute in Full:
Concordia, Kansas
Manhattan, Kansas
Concordia Kansas
Code of Ordinances City of Concordia Kansas
Chapter 4 ANIMALS*
__________
*Cross references: Hunting and firearms at Blosser Municipal Airport, § 5-38; animals not to run at large or be pastured or hitched in parks, § 15-72.
State law references: Livestock and domestic animals, K.S.A. ch. 47.
__________
Article I. In General
Sec. 4-1. Definitions.
Sec. 4-2. Penalty for violation of chapter.
Sec. 4-3. Interference with city pound or with officers enforcing chapter.
Sec. 4-4. Injury to domestic animal.
Sec. 4-5. Cockfighting.
Sec. 4-6. Killing, injuring, or annoying squirrels or birds.
Sec. 4-7. Disposition of animal carcasses.
Secs. 4-8--4-40. Reserved.
Article II. Administration and Enforcement
Division 1. Generally
Sec. 4-41. Investigation.
Sec. 4-42. Animal warden to maintain records of impoundment, disposition, and animal bites.
Secs. 4-43--4-60. Reserved.
Division 2. Impoundment
Sec. 4-61. Procedures.
Sec. 4-62. Redemption or disposition of impounded animal; owner responsible for all fees.
Sec. 4-63. Fees.
Secs. 4-64--4-90. Reserved.
Article III. Rabies Control
Sec. 4-91. Generally.
Sec. 4-92. Reports of bite cases.
Sec. 4-93. Responsibilities of veterinarians.
Secs. 4-94--4-120. Reserved.
Article IV. Animal Control
Division 1. Generally
Sec. 4-121. Owner's responsibility.
Sec. 4-122. Restrictions on keeping of hogs.
Secs. 4-123--4-140. Reserved.
Division 2. Dogs
Sec. 4-141. Exemptions.
Sec. 4-142. Enforcement.
Sec. 4-143. Licensing.
Sec. 4-144. Tag and collar.
Sec. 4-145. Restraint.
Sec. 4-146. Confinement of certain dogs.
Sec. 4-147. Removal of dog feces; use of leash.
Secs. 4-148--4-170. Reserved.
Division 3. Noisy or Dangerous Animals
Sec. 4-171. Keeping of noisy animals.
Sec. 4-172. Keeping of vicious animals prohibited; authority to kill.
Sec. 4-173. Disposition of vicious and noisy animals.
Sec. 4-174. Additional costs imposed.
Secs. 4-175--4-184. Reserved.
Division 4. Dangerous Dogs
Sec. 4-185. Dangerous dog defined.
Sec. 4-185A. Potentially dangerous dog defined.
Sec. 4-186. Keeping, harboring, owning or possession unlawful.
Sec. 4-187. Standards and requirements.
Sec. 4-188. Sale or transfer of ownership.
Sec. 4-189. Offspring of dangerous dogs.
Sec. 4-190. Failure to comply.
Sec. 4-191. Violations and penalties.
Sec. 4-192. Removal, restriction or destruction of dangerous dogs.
Sec. 4-193. Restriction of potentially dangerous dogs.
Sec. 4-194. Impoundment.
ARTICLE I. IN GENERAL
Sec. 4-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal shelter means any premises designated by the city for the purpose of impounding and caring for animals found running at large within the city.
Animal warden means the person designated by the city manager as the city's enforcement officer.
At large means a dog off the property of the owner and not under the control of a competent person.
Competent person means a person that is capable of controlling and governing the animal in question and to whose command the animal is obedient.
Dog means all members of the canis familiaris, male or female, five months of age or older.
Exposed to rabies means an animal which has been bitten by or been exposed to any animal known to have been infected with rabies.
Owner means any person, group of persons or corporation owning, keeping or harboring animals.
Restraint means a dog controlled by a leash, accompanied by a competent person and under that person's control, on or within a vehicle being driven or parked on the streets, or within the property limits of the owner or keeper.
Spayed female means any female dog which has been operated upon to prevent conception.
(Code 1971, §§ 5-29, 5-47)
Cross references: Definitions generally, § 1-2.
Sec. 4-2. Penalty for violation of chapter.
Except as stated otherwise in this chapter, any person violating any provisions of this chapter shall be deemed guilty of a misdemeanor and punished by a fine not exceeding $100.00.
(Code 1971, §§ 5-38, 5-63)
Sec. 4-3. Interference with city pound or with officers enforcing chapter.
It shall be unlawful for any person to break open, aid or assist, counsel or advise the breaking open of any animal pound maintained by the city, or to take or let out, or attempt to take or let out, any animal legally placed therein, or to take or attempt to take from any officer any animal taken up by the officer in compliance with this chapter or in any manner to interfere with or hinder such officer in the discharge of duties under this chapter.
(Code 1971, §§ 5-18, 5-35)
Sec. 4-4. Injury to domestic animal.
(a) Injury to a domestic animal constituting a misdemeanor is wilfully and maliciously:
(1) Administering any poison to any domestic animal;
(2) Exposing any poisonous substance with the intent that the same shall be taken or swallowed by any domestic animal; or
(3) Killing, maiming, or wounding any domestic animal of another without the consent of the owner.
(b) Subsection (a) of this section shall not apply to any person exposing poison upon the owner's premises for the purpose of destroying wolves, coyotes or other predatory animals.
(Code 1971, § 5-14)
Cross references: Throwing fireworks at vehicles, persons or animals, § 10-205.
State law references: Cruelty to animals, K.S.A. 21-4310.
Sec. 4-5. Cockfighting.
It shall be unlawful for any person to conduct or be a spectator at any cockfight.
(Code 1971, § 5-16)
Sec. 4-6. Killing, injuring, or annoying squirrels or birds.
It shall be unlawful for any person to kill or in any manner maim, injure, attempt to injure, or catch, throw missiles at or annoy in any way any squirrel or bird in a public park, street or alley.
(Code 1971, § 5-15)
Sec. 4-7. Disposition of animal carcasses.
(a) Whenever any animal shall die upon any of the occupied or unoccupied lots, blocks, or tracts of ground within this city, it shall be the duty of the owner of any such animal, or the occupant of any such ground, to cause the carcass to be removed from the premises and beyond the city limits, or properly buried on private property, within 24 hours after the death of such animal, and it shall be unlawful not to do so.
(b) Whenever any dead animal shall be found upon the streets, avenues, lanes, parks or alleys of the city, it shall be the duty of the police to notify the owner or former user of such animal, if such owner or user is known, to cause the carcass to be removed outside the city limits, or properly buried on private property, and the owner or user of such animal shall remove the same within one hour after such notice, and it shall be unlawful not to do so.
(Code 1971, § 5-17)
Cross references: Solid waste, ch. 17.
Secs. 4-8--4-40. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT*
__________
*Cross references: Administration, ch. 2.
__________
DIVISION 1. GENERALLY
Sec. 4-41. Investigation.
(a) For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any agent of the animal warden or any police officer, is empowered to enter upon any premises upon which a dog is kept or harbored and to demand the exhibition by the owner of such dog or the license for such dog.
(b) The animal warden or a police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in the opinion of such warden or officer, it is not receiving humane treatment.
(Code 1971, §§ 5-34, 5-60)
Sec. 4-42. Animal warden to maintain records of impoundment, disposition, and animal bites.
(a) It shall be the duty of the animal warden to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into custody.
(b) It shall be the duty of the animal warden to keep, or cause to be kept, accurate and detailed records of all animal bite cases reported and the investigation of such cases.
(Code 1971, § 5-36)
Secs. 4-43--4-60. Reserved.
DIVISION 2. IMPOUNDMENT
Sec. 4-61. Procedures.
(a) Any animal running at large within the city shall be taken up by the animal warden, unless the animal warden is unable, with reasonable effort, to apprehend the animal, or the taking of the animal will likely result in a breach of the peace. Such animal shall be impounded in the shelter designated as the city animal shelter and there confined in a humane manner for a period of not less than five days if not claimed by its owners. If not so claimed by the owners, the animal may be disposed of in a humane manner. Dogs not claimed by their owners within such five-day period may be disposed of at the direction of the animal warden, except as provided in this section in the cases of certain animals.
(b) The animal warden may transfer title of all animals held by the city at its animal shelter to any person after the five-day period has expired and the animal has not been claimed by its owner.
(c) Immediately upon impounding such animals, the animal warden shall make a reasonable effort to notify the owners of such animal so impounded and inform such owners of the conditions whereby they may regain custody of such animals.
(Code 1971, § 5-31)
Sec. 4-62. Redemption or disposition of impounded animal; owner responsible for all fees.
(a) The owner shall be entitled to resume possession of any impounded animal, except as provided in this section in the case of certain animals, upon payment of the impoundment fees.
(b) Any animal impounded under the provisions of this article and not reclaimed by its owner within five days may be humanely destroyed by the animal warden, or ownership may be transferred to some person deemed to be a responsible and suitable owner.
(c) The owner of an animal impounded and not redeemed within the five-day period shall be responsible for all fees incurred, whether or not the animal is claimed.
(d) When, in the judgment of a licensed veterinarian and the animal warden, an animal should be destroyed for humane reasons, such animal shall not be redeemed.
(Code 1971, § 5-32)
Sec. 4-63. Fees.
Any impounded animal may be reclaimed, as provided in this division, by payment by the owner to the city clerk of the sum of $10.00 for each animal for the first day of impoundment and the additional sum of $5.00 for each animal for each additional day or fraction thereof such animal is kept. All fees shall be collected by the city clerk.
(Code 1971, § 5-33)
Secs. 4-64--4-90. Reserved.
ARTICLE III. RABIES CONTROL
Sec. 4-91. Generally.
(a) Every person bitten by an animal, whether wild or domesticated, within the city, shall report the bite to the police department or to the animal warden. If the person so bitten is a minor or incapacitated person, then the report shall be made by such person's natural guardian, probate guardian or person having custody. The report shall be in writing and shall be signed by the person making the report.
(b) Any police officer or animal warden is authorized to pick up any animal which is alleged to have bitten a person, whether the biting shall have been observed by the police officer or animal warden or reported pursuant to subsection (a) of this section, and to quarantine such animal for a minimum of ten days. At the discretion of the animal warden, such quarantine may be on the premises of the owner, at the shelter designated as the city animal shelter, or at the owner's expense, in a veterinary hospital of the owner's choice; provided, however, that if a court of competent jurisdiction shall find that the animal did not in fact inflict the alleged bite, then the animal shall be released at once without payment for the cost of its care, and such cost shall be paid by the city.
(c) Upon demand made by the animal warden, the owner shall forthwith surrender any animal which is alleged to have bitten a human, or which is suspected of having been exposed to rabies, for supervised quarantine which expense shall be borne by the owner, and may be reclaimed by the owner if adjudged free of rabies, upon payment of fees set forth in section 4-63, and upon compliance with licensing provisions set forth in section 4-143.
(d) When an animal under quarantine has been diagnosed as being rabid, or suspected by a licensed veterinarian of being rabid, or dies while under such observation, the animal warden shall immediately send the head of such animal to the appropriate health department for pathological examination, and shall notify the city's superintendent of public health of reports of human contacts and the diagnosis made of the suspected animal.
(e) When a laboratory report, either preliminary or final, gives a positive diagnosis of rabies, the police chief shall declare a citywide quarantine for a period of 90 days, and upon the invoking of such quarantine, no animal shall be permitted to be at large except on a leash and accompanied by a responsible person during such period of quarantine. During such quarantine no animal may be taken or shipped from the city without written permission of the animal warden. During this quarantine period and as long afterward as the warden decides it is necessary to prevent the spread of rabies, the superintendent of public health shall require all dogs, three months of age and older, to be vaccinated against rabies with a canine rabies vaccine approved by the Biologics Control Section of the U.S. Department of Agriculture. The types of approved canine antirabies vaccine to be used and the recognized duration of immunity for each shall be established by the superintendent of public health. All vaccinated dogs shall be restricted (leashing or confinement on enclosed premises) for 30 days after vaccination. During the quarantine period, the superintendent of public health shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics strategically located throughout the area of health jurisdiction. No dog which has been impounded and is unclaimed by it owner shall be transferred to a new owner during the period of rabies emergency quarantine, except by special authorization of the superintendent of public health and the animal warden.
(f) During such period of rabies quarantine as mentioned in this section, every animal bitten by an animal diagnosed as being rabid shall be forthwith destroyed, or at the owner's expense and option, shall be treated for rabies infection by a licensed veterinarian.
(g) If there are additional positive cases of rabies occurring during the last half of the period of the quarantine, such period of quarantine may be extended for an additional 45 days.
(h) No person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as provided in this section, nor remove the same from the city limits without written permission from the animal warden.
(i) The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the animal warden.
(j) The animal warden shall direct the disposition of any animal found to be infected with rabies.
(k) No person shall fail or refuse to surrender any animal for quarantine or destruction as required in this section when demand is made thereof by the animal warden.
(Code 1971, §§ 5-37, 5-56)
Sec. 4-92. Reports of bite cases.
It shall be the duty of every person licensed under the Kansas Healing Arts Act (K.S.A. 65-2801 et seq.) to report to the police department or the animal warden the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
(Code 1971, §§ 5-37, 5-57)
Sec. 4-93. Responsibilities of veterinarians.
It shall be the duty of every licensed veterinarian to report to the police department or the animal warden the diagnosis of any animal observed by such veterinarian as a rabies suspect.
(Code 1971, §§ 5-37, 5-58)
Secs. 4-94--4-120. Reserved.
ARTICLE IV. ANIMAL CONTROL
DIVISION 1. GENERALLY
Sec. 4-121. Owner's responsibility.
It shall be unlawful for any person having the care, custody or control of any animal to permit such animal to be at large, off the premises or property of the owner, unless under the control of a competent person. This section does not apply to dogs.
(Code 1971, § 5-30)
Sec. 4-122. Restrictions on keeping of hogs.
(a) Any person who shall, as owner, lessee or occupant, maintain any shed, pen or other place where hogs are kept within the fire limits of the city, or who shall, as such owner, lessee or occupant, maintain any shed, pen or other place where hogs are kept outside the area designated in subsection (b) of this section closer than 25 feet to the dwelling house of another, or who shall permit the same to remain unclean to the annoyance of any citizen of the city, shall, upon conviction, be adjudged guilty of a misdemeanor. If such hogs are not moved within five days thereafter, it shall be deemed a second offense, and every like neglect of each succeeding five days thereafter shall be considered an additional offense against the provisions of this section.
(b) The area referenced in subsection (a) of this section is as follows: Beginning at the point where the center of Seventh Street would intersect the west line of Lot 31 in Block 136 if extended south; running thence west along the centerline of Seventh Street to the center of State Street; thence north along the centerline of State Street to the center of the alley between Sixth Street and Seventh Street; thence west along the center of such alley to the centerline of Cedar Street; thence north along the centerline of Cedar Street to the north line of Fourth Street; thence east to a point nine feet east of the southeast corner of Lot 12 in Block 172; thence north to the centerline of the alley in Block 172; thence west to the centerline of Cedar Street; thence north to the centerline of Third Street; thence east along the centerline of Third Street to the centerline of Lincoln Street; thence south to the centerline of the alley in Block 146, if extended west; thence east along the center of such alley to a point where the east line of Lot 24 in Block 146 would, if extended, intersect the centerline of such alley; thence south along the same line to the southeast corner of Lot 4 in Block 5; thence west to the southwest corner of Lot 6 in Block 6; and thence north along and past the west line of such Lot 6 to the place of beginning.
(Code 1971, §§ 5-4, 7-3)
Secs. 4-123--4-140. Reserved.
DIVISION 2. DOGS
Sec. 4-141. Exemptions.
(a) Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this division, except where such duties are expressly stated.
(b) The licensing requirements of this division shall not apply to any dog belonging to a nonresident of the city and kept within the city for not longer than 30 days, provided that all such dogs shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner.
(Code 1971, § 5-59)
Sec. 4-142. Enforcement.
The provisions of this division shall be enforced by the animal warden of the city.
(Code 1971, § 5-48)
Sec. 4-143. Licensing.
(a) No person shall own, keep or harbor any dog within the city limits unless such dog is licensed as provided in this section. Written application for such license shall be made to the city clerk and shall state the name and address of the owner and the name, breed, age, color and sex of the dog. The license fee shall be paid at the time of making application, a numbered receipt given to the applicant, and a numbered metallic tag shall be issued to the owner.
(b) No dog license shall be issued by the city until the license applicant exhibits to the city clerk a certificate or writing signed by a veterinarian clearly demonstrating that the dog for which the license is being sought has been vaccinated against rabies by such veterinarian, and the date when such dog must be revaccinated. No license shall be issued unless the certificate or writing shall clearly demonstrate that the dog is effectively vaccinated against rabies.
(c) It shall be unlawful for any person to use or attempt to use any false information or altered certificate of spaying or vaccination to obtain a dog license under this division, or to exhibit to the city clerk for the purpose of obtaining a license a certificate of the spaying or vaccination of a dog other than the dog for which the license is sought.
(d) The yearly license fee shall be $5.00 for each male dog and spayed female dog, and $8.00 for each unspayed female dog, provided that all dogs belonging to the same household shall be registered in the name of the head of the household. If such household contains more than four dogs, the city clerk shall collect a license fee of $10.00 for each additional dog in excess of four dogs.
(e) All dog licenses shall be issued for one year beginning with March 1. Applications for licenses may be made prior to and for 30 days after the start of the licensing year without penalty, but when application is made after 30 days of the licensing year have elapsed, the applicant shall be assessed a penalty of 50 percent of the license fee which amount shall be added and collected with the regular license fee. If the dog did not become subject to licensing until after the start of the licensing year, then no penalty shall be assessed if a license is obtained for such dog within 30 days after it becomes subject to licensing.
(f) If a metallic license tag issued for a dog shall be lost, the owner may obtain a duplicate tag upon the payment of $3.00.
(g) If there is a change in ownership of a dog during the license year, the new owner may have the current license transferred to his name upon the payment of a transfer fee of $3.00.
(h) No person shall use for any dog a license receipt or license tag issued for another dog.
(Code 1971, § 5-49)
Sec. 4-144. Tag and collar.
(a) Upon complying with the provisions of section 5-143, there shall be issued to the owner a numbered metallic tag, stamped with the number and the year for which issued. The shape or design of such tag shall be changed year to year.
(b) Every owner is required to see that the tag is securely fastened to the dog's chain, collar, or harness which must be worn by the dog at all times, unless the dog, accompanied by owner, is engaged in hunting or other sport where a collar might endanger the dog's safety.
(Code 1971, § 5-50)
Sec. 4-145. Restraint.
Any owner, harborer or person in custody or control of a dog (dog custodian) shall keep such dog under restraint at all times and shall not permit such dog to be at large, off the premises or property owned or controlled by the dog custodian unless the dog is on a leash held by a competent person. Leaving an unattended dog fastened to a leash, rope or chain attached to some fixture shall be deemed to comply with the requirements of this section. A dog may be left unattended out of doors on property owned or controlled by the dog custodian in a yard with a fence adequate to prevent the particular dog from leaving the yard.
(Code 1971, § 5-51)
Sec. 4-146. Confinement of certain dogs.
Every female dog in heat shall be kept confined to the owner's property or in a veterinary hospital or boarding kennel, in such manner that such female dog cannot come in contact with another animal, except for intentional breeding purposes.
(Code 1971, § 5-55)
Sec. 4-147. Removal of dog feces; use of leash.
(a) It shall be unlawful for any person owning, harboring, keeping, possessing or in charge of any dog to fail to:
(1) Promptly remove and dispose of all feces left by the dog on any public property and on any private property not owned or lawfully occupied by such person; or
(2) Have such dog on a leash while in any public park or cemetery.
(b) Any person found guilty of a violation of this section is guilty of a misdemeanor punishable by a fine of not more than $20.00 for each violation.
(Code 1971, § 5-39(a), (c))
Secs. 4-148--4-170. Reserved.
DIVISION 3. NOISY OR DANGEROUS ANIMALS
Sec. 4-171. Keeping of noisy animals.
It shall be unlawful for any person to keep, harbor or own within the city limits any animal which is in the habit of making noises, by day or night, and disturbing the peace and quiet of any person or family within the city.
(Code 1971, § 5-6)
Sec. 4-172. Keeping of vicious animals prohibited; authority to kill.
(a) It shall be unlawful for any person to own, keep or harbor any vicious animal within the city, whether or not a tax thereon shall have been paid, and it shall be lawful for any person, or any person on behalf of such person, to kill such animal when in apparent danger of being bitten.
(b) For the purposes of subsection (a) of this section, the term "vicious animal" means any animal which does any act which might endanger the safety of persons or property of others in a given situation. If any animal shall chase or attack any person, that fact shall be conclusive evidence of the viciousness of such animal.
(c) Any person found guilty of violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine of not more than $500.00.
(Code 1971, § 5-7)
Sec. 4-173. Disposition of vicious and noisy animals.
(a) Upon a final determination or finding by the municipal court, or on any appeal therefrom, upon complaint duly made, that any animal is vicious, as defined in section 4-172, or has disturbed the peace and quiet of any person or family in violation of section 4-171, the court may order for:
(1) A vicious animal.
a. An employee of the police department may have such animal destroyed in accordance with accepted humane practices; or
b. Such animal may be permanently removed from the city.
(2) A noisy animal.
a. Such animal shall be muzzled or the owner shall take other appropriate remedial action specified by the court to control the noise caused by such animal; or
b. Such animal shall be permanently removed from the city.
It shall be unlawful for any person to violate an order entered under this section.
(b) If the municipal judge determines an animal to be a vicious animal pursuant to section 4-172 and orders such animal to be permanently removed from the city, the owner, harborer, keeper or custodian of the animal shall provide the means of identifying such animal and distinguishing such animal from other similar animals. Identification of such animals may be by means of photograph, nose print or other humane means which allows the animal in question to be readily distinguished from other similar animals.
(Code 1971, § 5-8)
Sec. 4-174. Additional costs imposed.
Any person who shall be convicted of owning, keeping or harboring any vicious animal within the city, whether or not a tax thereon has been paid, shall pay to the city all reasonable costs incurred by the city in seizing, impounding or confining any such vicious animal. Such costs shall be imposed and charged against the convicted person and shall be determined at the time of trial and shall be assessed in addition to any fine or other penalty provided for violating section 4-172.
(Code 1971, § 5-9)
Secs. 4-175--4-184. Reserved.
DIVISION 4. DANGEROUS DOGS
Sec. 4-185. Dangerous dog defined.
Dangerous dog means any dog that has:
(1) Without provocation, inflicted substantial bodily harm on a human being on public or private property; or
(2) Killed a domestic animal without provocation while off the owner's property; or
(3) Been found to be potentially dangerous as defined by section 4-185A, and after the owner has been given reasonable cause to know that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals, or chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or
(4) Which is or has the appearance and characteristics of being predominantly of a pit bull type breed or a fighting mastiff type breed.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-185A. Potentially dangerous dog defined.
Potentially dangerous dog means any dog that:
(1) When unprovoked, inflicts bites on a human or domestic animal on public or private property; or
(2) When unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or
(3) Has a known propensity, tendency, or disposition to attack, unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-186. Keeping, harboring, owning or possession unlawful.
It shall be unlawful to keep, harbor, own or in any way possess a dangerous dog as defined in section 4-185 within the city, except:
(1) Any pit bull type dog or fighting mastiff type dog located within the city on or before December 15, 2004, and not determined before or after that date to be a dangerous dog, may be kept within the city after that date, upon strict compliance with the standards and requirements set forth in section 4-187.
(2) Any pit bull type dog or fighting mastiff type dog not located within the city on or before December 15, 2004, and not determined before or after that date to be a dangerous dog, may be kept within the city upon strict compliance with the standards and requirements set forth in section 4-187, and upon presenting to an animal control officer of the city, within 120 days after the dog is first located within the city, certification by either the American Kennel Club or the United Kennel Club that the dog has passed a canine good citizen test.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-187. Standards and requirements.
The following standards and requirements shall apply to dangerous dogs located within the city after December 15, 2004:
(1) Registration. Within 30 days of the effective date of this section each owner, keeper, harborer, or possessor of a dog defined as dangerous in accordance with section 4-185 shall register the dog with the city clerk.
(2) Leash. No person shall permit a dog defined as dangerous in accordance with section 4-185 to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four feet in length.
(3) No tethering. No person shall permit a dog defined as dangerous in accordance with section 4-185 to be kept on a chain, rope or other type of tether outside its kennel or pen.
(4) Confinement outdoors. All dogs defined as dangerous in accordance with section 4-185, when outdoors, shall be confined in a securely enclosed and locked pen or kennel, except when leashed as provided in subsection (2) of this section. The pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine any dog defined as dangerous in accordance with section 4-185 must be locked with a key or combination lock when the dog is within the structure, and the structure must have a secure floor attached to the sides of the structure or the sides of the structure must be embedded in the ground no less than two feet.
(5) Confinement indoors. No dog defined as dangerous in accordance with section 4-185 may be kept on a porch, patio or any part of a house or structure that would allow the dog to exit the building on its own volition. No such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.
(6) Signs. All owners, keepers, harborers, or possessors of dogs defined as dangerous in accordance with section 4-185 shall within ten days of the effective date of this section display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of the dog.
(7) Insurance. All owners, keepers, harborers or possessors of dogs defined as dangerous in accordance with section 4-185 must within 20 days of the effective date of this section provide proof to the city clerk of liability insurance in the amount of $50,000.00 for bodily injury to or death of any person which may result from the owning, possessing, keeping or maintaining of the dog. The insurance policy shall provide that no cancellation of the policy will be made unless ten days' written notice is first given to the city clerk.
(8) Microchip . All owners, keepers, harborers or possessors of dogs defined as dangerous in accordance with section 4-185 must within 20 days of the effective date of this section provide proof to the city clerk that an identification microchip has been implanted in the dog.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-188. Sale or transfer of ownership.
No person shall sell, barter or in any other way transfer possession of a dog defined as dangerous in accordance with section 4-185 to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the owner of the dog, provided, however, that the owner of the dog may sell or otherwise dispose of the dog or the offspring of the dog to persons who do not reside within the city.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-189. Offspring of dangerous dogs.
All offspring of dangerous dogs as defined by section 4-185 must be removed from the city within 12 weeks of the birth of the offspring.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-190. Failure to comply.
It shall be unlawful for the owner, keeper, harborer or possessor of a dog defined as dangerous in accordance with section 4-185 within the city to fail to comply with the provisions of this division.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-191. Violations and penalties.
Any person violating or permitting the violation of any provision of this division shall, upon conviction, be guilty of an offense, the penalty for which shall be as established by section 4-2 of the Concordia Code. In addition to such penalties, any person who violates this division shall pay all expenses, including sums for shelter, food, handling, veterinary care, and expert testimony, which are necessitated by the person's failure to abide by the provisions of this division.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-192. Removal, restriction or destruction of dangerous dogs.
Upon the complaint of any person, after written notice to the person or persons, if any, identified as the owner, keeper, harborer, or possessor of the dog, the judge of the municipal court shall hold a hearing to determine whether the dog is dangerous as defined in section 4-185. Upon a determination that the dog is dangerous as so defined, the judge may order the dog to be:
(1) Immediately confiscated and impounded pending further proceedings; or
(2) Confined or restricted in such manner as the court determines to be appropriate; or
(3) Permanently removed from the city; or
(4) Destroyed.
In addition, the judge may order that an identification microchip be implanted in the dog. Conviction of a person under section 4-190 or 4-191 is not a prerequisite to a proceeding under this section.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-193. Restriction of potentially dangerous dogs.
Upon the complaint of any person, after written notice to the person or persons, if any, identified as the owner, keeper, harborer, or possessor of the dog, the judge of the municipal court shall hold a hearing to determine whether the dog is potentially dangerous as defined in section 4-185. Upon a determination that the dog is potentially dangerous as so defined, the judge may order the dog to be confined or restricted in such manner as the court determines to be appropriate. In addition, the judge may order that an identification microchip be implanted in the dog. Conviction of a person under section 4-190 or 4-191 is not a prerequisite to a proceeding under this section.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Sec. 4-194. Impoundment.
When the animal control officer or any other law enforcement officer has reason to believe that a dog is a dangerous dog as defined by section 4-185 or a potentially dangerous dog as defined by section 4-185A, the animal control officer or law enforcement officer may, in her or his discretion, take custody of the dog and impound it until such time as evidence shall be heard as to whether the dog is a dangerous dog or a potentially dangerous dog. Provided that if the owner, keeper, harborer or possessor of the dog is not known, then the dog may be disposed of pursuant to other applicable law.
(Ord. No. 2004-2880, § 1, 12-15-2004)
Manhattan, Kansas
Code of Ordinances City of Manhattan Kansas
Chapter 6 ANIMALS AND FOWL*
__________
*Cross references: Animals at airport, § 7-55; pets in mobile home parks, § 20-161; loud, disturbing, etc., noises from animals and birds, § 22-55(3).
State law references: Livestock and domestic animals, K.S.A. Ch. 47.
__________
Article I In General
Sec. 6-1. Livestock running at large prohibited.
Sec. 6-2. Fowl running at large prohibited.
Sec. 6-3. Animal stables and pen regulations.
Sec. 6-4. Keeping hogs or stockyards prohibited.
Sec. 6-5. Dead animals.
Sec. 6-6. Abandonment.
Sec. 6-7. Keeping of dangerous or vicious animals prohibited.
Sec. 6-8. Animal nuisances.
Secs. 6-9--6-20. Reserved.
Article II Dogs and Cats
Division 1 Generally
Sec. 6-21. Keeping and harboring defined.
Sec. 6-22. Running at large prohibited.
Sec. 6-23. Prohibited from Sunset Park and Zoo; exception.
Sec. 6-24. Nuisances.
Sec. 6-25. Dangerous dogs.
Sec. 6-26. Impounding.
Sec. 6-27. Dog bites; quarantine.
Sec. 6-28. Handling of complaints.
Sec. 6-29. Cruelty to animals.
Secs. 6-30--6-35. Reserved.
Division 2 Registration
Sec. 6-36. License required.
Sec. 6-37. Application for license.
Sec. 6-38. Fees.
Sec. 6-39. Distribution of applications.
Sec. 6-40. Tags.
Sec. 6-41. Expiration.
Division 3 Kennel Licenses and Regulations
Sec. 6-42. License required; application; fee; term; inspection.
Sec. 6-43. Standards for facilities--Generally.
Sec. 6-44. Same--Primary enclosures.
Sec. 6-45. Same--Feeding, watering.
Sec. 6-46. Same--Sanitation.
Sec. 6-47. Same--Employees.
Sec. 6-48. Same--Classification and separation.
Sec. 6-49. Same--Veterinary care.
Sec. 6-50. Suspension, revocation of license; exception.
Article III Animal Shelter
Sec. 6-51. Acceptance of animals.
Sec. 6-52. Disposition of animals.
Sec. 6-53. Redemption and impoundment fees.
Sec. 6-54. Adoption.
Sec. 6-55. Rabies vaccination for animals released from the animal shelter.
Sec. 6-56. Reserved.
Article I IN GENERAL
Sec. 6-1. Livestock running at large prohibited.
It shall be unlawful for any person owning or having custody of any horses, mules, asses, cattle, swine, sheep, goats or other livestock to permit the same to run at large within the city.
(Code 1973, § 2-101)
Cross references: Streets, sidewalks and other public places, Ch. 30.
State law references: Strays, K.S.A. 47-229 et seq.
Sec. 6-2. Fowl running at large prohibited.
It shall be unlawful for any person to allow chickens, ducks, geese, turkeys or other domestic fowl owned by or under the control of such person to run at large within the city.
(Code 1973, § 2-104)
Cross references: Streets, sidewalks and other public places, Ch. 30.
Sec. 6-3. Animal stables and pen regulations.
Any person who shall, as owner, lessee or occupant, maintain any stable, shed, pen or other place where horses, cattle or other animals are kept closer than 25 feet to the dwelling house of another or who shall permit the same to remain unclean to the annoyance of any citizens of the city shall be in violation of this Code.
(Code 1973, § 2-102)
Cross references: Health and sanitation generally, Ch. 17.
Sec. 6-4. Keeping hogs or stockyards prohibited.
It shall be unlawful to keep any hogs within the limits of the city or to maintain stockyards or places where stock is kept in an unclean manner so as to cause disagreeable smells or odors to arise therefrom to the annoyance of any person in the city.
(Code 1973, § 2-103)
Cross references: Health and sanitation generally, Ch. 17.
Sec. 6-5. Dead animals.
Rules and regulations pertaining to dead animals in the city shall be as follows:
(1) It shall be the duty of the owner or person having custody of any dead animal, within six hours after death of such animal, to bury the same in the ground at a depth of not less than 12 inches below ground level and in such manner as not to constitute a nuisance.
(2) It shall be unlawful to drag or cause to be dragged along a street or alley of the city the carcass of any dead animal or any offensive offal.
(Code 1973, § 2-105)
Cross references: Health and sanitation generally, Ch. 17.
State law references: Disposal of dead animals, K.S.A. 47-1201 et seq.
Sec. 6-6. Abandonment.
It shall be unlawful for any person to bring within the city limits any dog, cat or other animal and abandon the same such as to allow it to run at large.
(Code 1973, § 2-107)
Sec. 6-7. Keeping of dangerous or vicious animals prohibited.
(a) It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities.
(b) It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the city any of the following animals:
(1) All poisonous animals including rear-fang snakes;
(2) Apes: Chimpanzees, gibbons, gorillas, orangutans, and siamangs;
(3) Baboons;
(4) Badgers;
(5) Bears;
(6) Bison;
(7) Bobcats;
(8) Cheetahs;
(9) Constrictor snakes, six feet in length or more;
(10) Coyotes;
(11) Crocodilians, 30 inches in length or more;
(12) Deer, includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose;
(13) Elephants;
(14) Game cocks and other fighting birds;
(15) Hippopotami;
(16) Hyenas;
(17) Jaguars;
(18) Leopards;
(19) Lions;
(20) Lynxes;
(21) Monkeys;
(22) Ostriches;
(23) Pumas, also known as cougars, mountain lions and panthers;
(24) Raccoons;
(25) Rhinoceroses;
(26) Skunks;
(27) Tigers;
(28) Wolves.
(c) Subsections (a) and (b) shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions, or medical institutions, if:
(1) Their location conforms to the provisions of the zoning ordinance of the city;
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors;
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(Ord. No. 3795, §§ 1--3, 6-17-80)
Sec. 6-8. Animal nuisances.
This article shall not be construed to authorize the keeping or maintenance of any domestic animal, livestock or fowl on any premises within the city and under any condition constituting a public nuisance. The board of health shall be authorized to abate any animal nuisance as provided by law and ordinances of the city.
(Code 1973, § 2-109)
Cross references: Nuisances generally, Ch. 21.
Secs. 6-9--6-20. Reserved.
Article II DOGS AND CATS*
__________
*Editor's note: Ord. No. 4473, § 1, adopted Nov. 3, 1987, amended Art. II of this chapter, changing the former title "dogs" to read as herein set out.
__________
Division 1 GENERALLY
Sec. 6-21. Keeping and harboring defined.
Any person who shall allow any dog or cat to habitually remain or to lodge or to be fed within his home, store, yard, enclosure or place shall be deemed and considered as keeping and harboring such dog or cat within the meaning of this article.
(Code 1973, § 2-204; Ord. No. 4473, § 2, 11-3-87)
Cross references: Rules of construction and definitions generally, § 1-21 et seq.
Sec. 6-22. Running at large prohibited.
It shall be unlawful for the owner, keeper or harborer of any dog to permit such dog to run at large in the city at any time. Any dog shall be presumed to be running at large, and the owner shall be presumed to have permitted it to be at large, when found off the premises of the owner, keeper or harborer of such dog. Provided, that it shall be a defense for a person charged under this section that such dog was merely passing along the streets, sidewalks, avenues, or parks of the city, or upon any private property, with the consent of the owner of said property, while such dog was held upon a leash, chain, rope or harness by its master or keeper, or was controlled in some other manner that effectively restrained the dog from interfering with, damaging, or injuring the person or property of others. It shall be lawful for an officer or animal warden of the Riley County police department to pursue and capture such dog running at large. If the dog appears to be vicious or if it appears that the dog cannot be captured without endangering some person, the officer or animal warden is authorized to use that force reasonably necessary to restrain or kill the dog.
(Code 1973, § 2-206; Ord. No. 3143, § 2, 5-1-73; Ord. No. 3815, § 2, 11-4-80)
Cross references: Streets, sidewalks and other public places, Ch. 30.
Sec. 6-23. Prohibited from Sunset Park and Zoo; exception.
It shall be unlawful for the owner, keeper or harborer of any dog to bring any dog into Sunset Park and Zoo even though such dog is held upon leash, chain, rope or harness except to allow for the bringing and removing of dogs directly to or from the animal shelter located in Sunset Park.
(Code 1973, § 2-206A; Ord. No. 3143, § 3, 5-1-73; Ord. No. 3345, § 4, 4-1-75)
Cross references: Parks and recreation generally, Ch. 23.
Sec. 6-24. Nuisances.
(a) Any person who keeps or harbors any dog or cat shall prevent such dog or cat from being a nuisance. A dog or cat shall be considered a nuisance if it: damages, soils, defiles or defecates on private property other than its keeper's or harborer's, or on public rights-of-way or recreation areas, unless such waste is immediately removed and properly disposed of by its keeper or harborer; causes unsanitary, dangerous or offensive conditions; causes a disturbance by making loud and excessive barking, howling, whining, or other noise-making tending to disturb the peace and quiet of the city and its inhabitants; or chases vehicles, or molests, attacks or interferes with persons or domestic animals on property other than property of its harborer or keeper.
(b) There shall be a rebuttable presumption that a nuisance is created if any person keeps or harbors more than five dogs or cats, or any combination of such animals exceeding five in number, over the age of 90 days, upon any premises within the City of Manhattan, Kansas, unless such premises are licensed as a kennel by the City of Manhattan, Kansas.
(Code 1973, § 14-307A; Ord. No. 3558, § 10, 1-3-78; Ord. No. 3602, § 1, 6-6-78; Ord. No. 4348, § 1, 9-2-86; Ord. No. 4473, § 3, 11-3-87)
Cross references: Nuisances generally, Ch. 21.
Sec. 6-25. Dangerous dogs.
(a) Any person who keeps or harbors a dangerous dog shall keep such dog confined, except as set forth hereinafter. "Confined", as that term is used in this section, shall mean such dog is securely kept indoors or in a securely enclosed and locked pen or dog-run area made of, at least, nine-gauge chain link with no more than one inch spacing. Said pen or run must be locked with a key or combination lock whenever such dog or dogs are within the structure. Said pen or dog-run area must have sides at least six feet high and be secured over the top. If the pen or dog-run area has no bottom secured to the sides the sides must be embedded into the ground no less than one foot deep.
(b) Any person keeping or harboring a dangerous dog, at anytime said dog is not confined, shall ensure such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
(c) Any person keeping or harboring a dangerous dog shall display, in a prominent place on the premises where the dog is kept, a sign easily readable by the public using the words "Beware of Dog". In addition, a similar sign shall be posted on the pen or run of such animal.
(d) As used in this section, "dangerous dog" shall mean and include:
(1) Any dog which is known to his keeper or harborer, or reasonably should be known to his keeper or harborer, to have a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals. It is hereby declared to be the policy of this city that keepers and harborers of dogs that are of a size and breed that allow the animal to be capable of inflicting life threatening injuries upon human beings, are hereby held to a very high standard of care regarding their knowledge of such propensity, tendency or disposition as to their animal. The court, in determining whether or not a keeper or harborer of such an animal reasonably should know about such propensities, tendencies or dispositions shall apply such very high standard. Examples of breeds to which this standard applies include, but are not limited to, the following, to wit:
a. The Staffordshire Bull Terrier breed of dogs;
b. The American Staffordshire Terrier of dogs;
c. The American Pit Bull Terrier breed of dogs;
d. The Rottweiler breed of dogs;
e. The Chow breed of dogs;
f. The Doberman Pinscher breed of dogs;
g. Any dog that has the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire Bull Terrier, American Staffordshire Terrier, American Pit Bull Terrier, Rottweiler, Chow, or Doberman Pinscher.
(2) Any dog which has attacked a human being or domestic animal without provocations; or
(3) Any dog kept or harbored primarily, or in part, for the purpose of dog fighting, or any dog trained for dog fighting; or
(4) Any dog not owned by a governmental or law enforcement unit used primarily to guard public or private property.
(e) In addition to any penalties the court may prescribe for violation of this section, if the court finds, after notice to the keeper or harborer and an opportunity for hearing, that such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals, the court may order such animal destroyed.
(Code 1973, § 2-108; Ord. No. 3815 § 1, 11-4-80; Ord. No. 4474, § 1, 11-3-87; Ord. No. 6022, § 1, 7-21-98; Ord. No. 6360, § 1, 10-7-03)
Cross references: Search warrant for dangerous dogs, App. A, No. 34.
Sec. 6-26. Impounding.
Any dog or cat found running at large, as that term is defined in section 6-22 of the Code, may be captured and impounded by any law enforcement official of the city, or any other enforcement officer designated by the city for this purpose, and taken to the animal shelter.
(Code 1973, § 2-207; Ord. No. 3143, § 4, 5-1-73; Ord. No. 3345, § 5, 4-1-75; Ord. No. 4473, § 4, 11-3-87)
Sec. 6-27. Dog bites; quarantine.
Whenever any dog has bitten a person, it shall be the duty of the owner, keeper or harborer of such dog, or any police officer of the county police department or any other person having knowledge of such incident to report the same to the health officer who may order that the dog be quarantined on the owner's premises or impounded at the owner's expense for a period of not less than ten days, and until such time as the health officer finds that such dog shows no evidence of having rabies. If any law enforcement officer of the city or of the county police department or any other person has reason to believe that a dog within the city has the symptoms of rabies, such person shall immediately notify the health officer who in turn may order that the dog be quarantined on the owner's premises or impounded at the owner's expense for a period of not less than ten days or until such time as the health officer finds that such dog shows no evidence of having rabies. If it is determined in either case that such dog is suffering from rabies, it shall be forthwith destroyed; otherwise it shall be released from quarantine.
(Code 1973, § 2-208; Ord. No. 3345, § 6, 4-1-75)
Sec. 6-28. Handling of complaints.
When a complaint is filed that an offense has been committed in violation of this article, the municipal judge may issue a summons instead of a warrant at the request of the city attorney. If a defendant fails to appear in response to the summons, a warrant shall issue. The summons shall be served upon a defendant by delivering a copy to him personally or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the defendant's last known address.
(Code 1973, § 2-208A; Ord. No. 3143, § 5, 5-1-73)
Sec. 6-29. Cruelty to animals.
(a) It shall be unlawful for any person to be cruel to animals. Cruelty to animals is:
(1) Intentionally killing, injuring, maiming, torturing or mutilating any animal; or
(2) Being the harborer or keeper of an animal and failing to provide such animal with: sufficient and wholesome food; potable water; shade and protection from the weather, which shall include a structurally sound, weather-proof enclosure large enough to accommodate the animal; 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
(3) Abandoning or leaving any animal in any place, without making provisions for its proper care. For the purpose of this provision, "abandon" means to leave any animal without demonstrated or apparent intent to recover or to resume custody; leaving any animal for more than 12 hours without providing for adequate food, potable water and shelter for the duration of the absence; or turning out or releasing any animal for the purpose of causing it to be impounded; or
(4) Leaving 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) The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) Bona fide experiments carried on by commonly recognized research facilities;
(3) Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of K.S.A. ch. 32 or 47;
(4) Rodeo practices accepted by the rodeo cowboys' association;
(5) The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by a licensed veterinarian at the request of the owner or the animal shelter, or by the operator, or his/her designee, of the animal shelter;
(6) The killing of any animal by any person at any time which may be found outside the owned or rented property of the keeper or harborer of such animal, and which is found injuring or posing a threat to any person, animal or property; or
(7) An animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods.
(c) Violation of this section is a Class A violation.
(Code 1973, § 2-209; Ord. No. 3601, § 4, 6-6-78; Ord. No. 4473, § 5, 11-3-87; Ord. No. 6309, § 9, 12-2-02; Ord. No. 6360, § 2, 10-7-03)
Secs. 6-30--6-35. Reserved.
Division 2 REGISTRATION*
__________
*Editor's note: Section 1 of Ord. No. 5068, adopted Nov. 18, 1997, replaced Art. II, Div. II, Registration in it's entirety to read as herein set out. Former Div. II, derived from the 1973 Code; Ord. No. 3345, adopted April 1, 1975; Ord. No. 3601, adopted June 6, 1978; Ord. No. 4010, adopted Dec. 7, 1982; and Ord. No. 4473, adopted Nov. 3, 1987.
__________
Sec. 6-36. License required.
It shall be unlawful for any person to keep or harbor any dog or cat over four months of age within the City of Manhattan, Kansas, unless such dog or cat is vaccinated and licensed as provided herein. The provisions of this division do not apply to animals owned by a licensed research facility, or held in a veterinary medical facility or government operated or licensed animal shelter nor to animals owned by nonresidents of the city which are maintained within the city for less than 60 consecutive days.
(Ord. No. 5068, § 1, 11-18-97; Ord. No. 6297, § 1, 10-1-02)
Sec. 6-37. Application for license.
Any person who keeps or harbors any dog or cat within the city shall apply to the city clerk, or the clerk's designee, for a license for each such dog or cat. The city clerk may designate employees of the animal shelter to accept such applications. Such applications shall be submitted to the city clerk, or designee, on a form approved by the city clerk. Such applications shall be submitted to the city clerk, or designee, within 30 days after the person commences to keep or harbor the animal or within 30 days after the animal reaches four months in age, whichever is later. At the time such application is submitted, the applicant shall also provide the city with the following:
(1) Proof that the animal has been vaccinated or inoculated with an anti-rabies vaccine showing the month and year when such vaccine will cease to be effective. Persons submitting applications to the animal shelter may comply with this provision by complying with section 6-55 of this Code.
(2) The appropriate fee as established herein.
(Ord. No. 5068, § 1, 11-18-97; Ord. No. 6297, § 2, 10-1-02)
Sec. 6-38. Fees.
Fees as set forth below shall be imposed for the registration and issuance of each license issued under the provisions of this division. Licenses issued at the City of Manhattan animal shelter will be issued for one-year or less based on the rabies expiration date. There shall be no prorating of fees for licenses. The license fees set forth herein shall be waived for dogs serving the blind or deaf or government owned dogs used for law enforcement. All other licensing provisions shall apply to such animals. The fees are as follows:
TABLE INSET:
Unneutered
Neutered
Up to 1 year
(0--12 months)
$12.00
$ 6.00
Between 1 and 2 years
(13--24 months)
22.00
11.00
Between 2 and 3 years
25--36 months)
30.00
15.00
(Ord. No. 5068, § 1, 11-18-97; Ord. No. 6297, § 3, 10-1-02)
Sec. 6-39. Distribution of applications.
The city clerk shall provide, upon request, the application form for license hereunder. In addition, the city clerk may provide local veterinarians with a supply of such application forms as well as self addressed stamped envelopes which could be used to return the application to the appropriate city office. If the city receives an application for a license hereunder that shows on its face that it was distributed to the applicant by a local veterinarian, the city shall reimburse said veterinarian the sum of $1.00 for compensation for such assistance.
(Ord. No. 5068, § 1, 11-18-97)
Sec. 6-40. Tags.
(a) Upon receipt of a properly completed application with all appropriate attachments, the city clerk shall issue a license tag of metal or other durable material to the applicant. The license tag shall have an identification number stamped thereon.
(b) The keeper or harborer of any animal licensed hereunder shall make sure the license tag issued hereunder is attached to a suitable collar and kept on the animal for which issued at all times. Such tags are not transferable to other animals.
(Ord. No. 5068, § 1, 11-18-97)
Sec. 6-41. Expiration.
No license shall be issued hereunder for a period of time beyond the effectiveness of the anti-rabies vaccine that has been administered to the animal being licensed. All licenses issued hereunder shall expire on the sooner of:
(1) The last day of the month preceding the month in which the anti-rabies vaccine ceases to be effective; or
(2) On the first, second, or third anniversary of the date of issuance of the license, depending upon the length of license purchased.
(Ord. No. 5068, § 1, 11-18-97)
Division 3 KENNEL LICENSES AND REGULATIONS*
__________
*Editor's note: Ord. No. 4481, § 1, adopted Nov. 17, 1987, amended Art. II of this chapter with provisions designated for inclusion as § 6-42. At the discretion of the editor, such provisions have been codified as Div. 3, §§ 6-42--6-50 to facilitate classification and reference.
__________
Sec. 6-42. License required; application; fee; term; inspection.
(a) Required. No person shall engage in the business of breeding, buying, selling, trading, training or boarding dogs or cats, or both dogs and cats, without first having obtained a kennel license from the City of Manhattan, Kansas. The term "business" shall include any operation which is primarily for the commercial gain of the owner or any operation which routinely engages in the acquisition and disposition of dogs or cats and routinely maintains in excess of five animals, regardless of whether or not such operation results in commercial gain to the owner.
(b) Application, fee, term. Application for a kennel license shall be made on a form and in the manner provided by the city clerk's office. The application form shall be accompanied by the fee set forth in Chapter 19 of this code for kennel licenses. All such licenses shall expire on December 31st of each year. The full amount of the license fee shall be paid, regardless of the time of year the application is made.
(c) Inspection. No kennel license shall be issued until an inspection certificate has been issued by the Riley County health department, or such other agent or employee of the city that is charged with the responsibility of inspection and regulation of kennels, certifying approval of the kennel and compliance with the remaining sections of this division and such other laws of the State of Kansas or the United States government that are applicable to kennels. No license shall be issued for any premises that are in violation of any zoning law of the city. The fact that a business is required to obtain a license hereunder shall not necessarily deem the business to be a "kennel" for the purposes of the zoning ordinance.
(d) Right of entry. Any agent or employee of the city charged with the responsibility of enforcing this division of the Code shall have the right to inspect any licensed premises under this division at any reasonable time. The application for a license hereunder shall constitute consent to such entry and inspection.
(Ord. No. 4481, § 1, 11-17-87)
Sec. 6-43. Standards for facilities--Generally.
(a) General facilities. No kennel shall be issued a license hereunder unless it meets the following standards:
(1) Structural strength. Indoor and outdoor housing facilities for dogs or cats shall be structurally sound and shall be maintained in good repair to protect the animals from injury, to contain the animals and to restrict the entrance of other animals.
(2) Water and electric power. Reliable and adequate electric power, if required to comply with other provisions of this division, and adequate potable water shall be available.
(3) Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.
(4) Waste disposal. Provisions shall be made for the removal and disposal of animal and food wastes, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors and disease hazards.
(5) Washrooms and sinks. Facilities such as washrooms, basins or sinks shall be provided to maintain cleanliness among animal caretakers.
(b) Indoor facilities.
(1) Heating. Indoor housing facilities for dogs or cats shall be sufficiently heated when necessary to protect the dogs or cats from cold and to provide for their health and comfort. The ambient temperature shall not be allowed to fall below 50 degrees Fahrenheit for dogs and cats not acclimated to lower temperatures.
(2) Ventilation. Indoor housing facilities for dogs or cats shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents or air conditioning and shall be ventilated so as to minimize drafts, odors and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85 degrees Fahrenheit or higher.
(3) Lighting. Indoor housing facilities for dogs or cats shall have ample light, by natural or artificial means, or both, of good quality and well distributed. Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the dogs or cats from excessive illumination.
(4) Interior surfaces. The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.
(5) Drainage. A suitable method shall be provided to rapidly eliminate excess water from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.
(c) Outdoor facilities.
(1) Shelter from sunlight. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs and cats kept outdoors to protect themselves from the direct rays of the sun.
(2) Shelter from rain or snow. Dogs and cats kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow.
(3) Shelter from cold weather. Shelter shall be provided for all dogs and cats kept outdoors when the atmospheric temperature falls below 50 degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which a dog or cat is acclimated.
(4) Drainage. A suitable method shall be provided to rapidly eliminate excess water.
(Ord. No. 4481, § 1, 11-17-87)
Sec. 6-44. Same--Primary enclosures.
(a) General requirements. All primary enclosures for dogs and cats shall conform to the following general requirements:
(1) For dogs and cats:
a. Primary enclosures shall be structurally sound and maintained in good repair to protect the dogs and cats from injury, to contain them and to keep predators out.
b. Primary enclosures shall be constructed and maintained so as to enable the dogs and cats to remain dry and clean.
c. Primary enclosures shall be constructed and maintained so that the dogs or cats contained therein have convenient access to clean food and water as required in section 6-45.
d. The floors of the primary enclosures shall be constructed so as to protect the dogs' and cats' feet and legs from injury.
(2) Additional requirements for cats:
a. In all enclosures having a solid floor, a receptacle containing sufficient clean litter shall be provided to contain excreta.
b. Each primary enclosure shall be provided with a solid resting surface or surfaces which, in the aggregate, shall be of adequate size to comfortably hold all occupants of the primary enclosure at the same time. Such resting surface or surfaces shall be elevated in primary enclosures housing two or more cats.
(b) Space requirements.
(1) Dogs and cats: Primary enclosures shall be constructed and maintained so as to provide sufficient space to allow each dog and cat to turn about freely and to easily stand, sit and lie in a comfortable normal position.
(2) Dogs:
a. Primary enclosures: In addition to the provisions of paragraph (b)(1) of this section, each dog housed in any primary enclosure shall be provided a minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus six inches, expressed in square feet. Not more than 12 adult nonconditioned dogs shall be housed in the same primary enclosure.
b. Dog houses with chains: If dog houses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs or any other objects. Such chains shall be of a type commonly used for the size dog involved and shall be attached to the dog by means of a well fitted collar. Such chains shall be at least three times the length of the dog, as measured from the tip of its nose to the base of its tail, and shall allow the dog convenient access to the dog house.
(3) Cats: In addition to the provisions of paragraph (b)(1) of this section, each adult cat housed in any primary enclosure shall be provided a minimum of two and one-half square feet of floor space. Not more than 12 adult nonconditioned cats shall be housed in the same primary enclosure.
(Ord. No. 4481, § 1, 11-17-87)
Sec. 6-45. Same--Feeding, watering.
(a) Daily requirements. Dogs and cats shall be fed at least once each day, except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the dog or cat.
(b) Food receptacles. Food receptacles shall be accessible to all dogs or cats and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be sanitized at least once every two weeks. Disposable food receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of feed.
(c) Watering. If potable water is not accessible to the dogs and cats at all times, potable liquids shall be offered to such animals at least twice daily for periods of not less than one hour, except as might otherwise be required to provide adequate veterinary care. Watering receptacles shall be kept clean and shall be sanitized at least once every two weeks.
(Ord. No. 4481, § 1, 11-17-87)
Sec. 6-46. Same--Sanitation.
(a) Cleaning of primary enclosures. Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the dogs or cats contained therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning a primary enclosure commonly known as a cage, any dog contained therein shall be removed from such enclosure during the cleaning process, and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other wastes.
(b) Sanitization of primary enclosures.
(1) Prior to the introduction of nonconditioned dogs or cats into empty primary enclosures previously occupied, such enclosures shall be sanitized in the manner provided in subsection (b)(3) of this section.
(2) Primary enclosures for dogs or cats shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard; provided, however, that such enclosures shall be sanitized at least once every two weeks in the manner provided in subsection (b)(3) of this section.
(3) Cages, rooms and hard-surfaced pens or runs shall be sanitized by washing them with hot water (180° F.) and soap or detergent as in a mechanical cage washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand or dirt shall be sanitized by removing the soiled gravel, sand or dirt and replacing it as necessary.
(c) Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this division. Premises shall remain free of accumulations of trash.
(d) Pest control. An effective program for the control of insects, ectoparasites and avian and mammalian pests shall be established and maintained.
(Ord. No. 4481, § 1, 11-17-87)
Sec. 6-47. Same--Employees.
A sufficient number of employees shall be utilized to maintain the prescribed level of husbandry practices set forth in this division. Such practices shall be under the supervision of an animal caretaker who has a background in animal husbandry or care.
(Ord. No. 4481, § 1, 11-17-87)
Sec. 6-48. Same--Classification and separation.
Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions:
(1) Females in season (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes.
(2) Any dog or cat exhibiting a vicious disposition shall be housed individually in a primary enclosure.
(3) Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when permanently maintained in breeding colonies.
(4) Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals.
(5) Dogs or cats under quarantine or treatment for a communicable disease shall be separated from other dogs or cats and other susceptible species of animals in such a manner as to minimize dissemination of such disease.
(Ord. No. 4481, § 1, 11-17-87)
Sec. 6-49. Same--Veterinary care.
(a) Programs of disease control and prevention, euthanasia and adequate veterinary care shall be established and maintained under the supervision and assistance of a doctor of veterinary medicine.
(b) Each dog and cat shall be observed daily by the animal caretaker in charge or by someone under his direct supervision. Sick or diseased, injured, lame, or blind dogs or cats shall be provided with veterinary care or humanely disposed of, unless such action is inconsistent with the research purposes for which such animal was obtained and is being held; provided, however, that this provision shall not affect compliance with any state or local law requiring the holding, for a specified period, of animals suspected of being diseased.
(c) Research facilities.
(1) In the case of a research facility, the program of adequate veterinary care shall include the appropriate use of anesthetic, analgesic or tranquilizing drugs, when such use would be proper in the opinion of the attending veterinarian at the research facility. The use of these three classes of drugs shall be in accordance with the currently accepted veterinary medical practice, as cited in appropriate professional journals or reference guides, which shall produce in the individual subject animal a high level of tranquilization, anesthesia or analgesia consistent with the protocol or design of the experiment.
(2) It shall be incumbent upon each research facility, through its animal care committee and/or attending veterinarian, to provide guidelines and consultation to research personnel with respect to the type and amount of tranquilizers, anesthetics or analgesics recommended as being appropriate for each species of animal used by that institution.
(3) The use of these three classes of drugs shall effectively minimize the pain and discomfort of the animals while under experimentation.
(Ord. No. 4481, § 1, 11-17-87)
Sec. 6-50. Suspension, revocation of license; exception.
(a) The governing body, upon five days notice to the license holder, may suspend or revoke a kennel license if, following a public hearing, it finds any of the following:
(1) The kennel is maintained in violation of the standards set forth in this division or in violation of any applicable law of the State of Kansas or the federal government.
(2) The kennel is maintained so as to be a public nuisance.
(3) The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.
(b) This division of the Code shall not apply to a licensed veterinarian operating an animal hospital.
(Ord. No. 4481, § 1, 11-17-87)
Article III ANIMAL SHELTER*
__________
*Editor's note: Ord. No. 4491, § 1, adopted Jan. 19, 1988, amended Art. III of this chapter, relative to the animal shelter, in its entirety, in effect repealing former §§ 6-52--6-56 and enacting similar new provisions in lieu thereof to read as set out in §§ 6-51--6-54. Formerly, §§ 6-52--6-56 derived from §§ 2-302--2-306 of the city's 1973 Code; Ord. No. 3345, § 7, adopted Apr. 1, 1975; Ord. No. 3601, § 3, adopted June 6, 1978; and Ord. No. 4010, §§ 2, 3, adopted Dec. 7, 1982.
__________
Sec. 6-51. Acceptance of animals.
The animal shelter shall accept dogs and cats brought to the facility pursuant to ordinances of the City of Manhattan, Kansas, or pursuant to agreements the City of Manhattan has entered into with other governmental agencies. In addition, the operator of the animal shelter may accept dogs and cats, found running at large, in either Riley County or the City of Manhattan, Kansas, from private citizens. The animal shelter may also accept dogs and cats surrendered to the facility by the owner, keeper or harborer of such animal. If an owner, keeper or harborer of an animal surrenders said animal to the animal shelter, the animal shelter shall require a written release from said person, releasing all interest in said animal to the city. No fee shall be charged to any person who surrenders an animal to the shelter under these circumstances.
(Ord. No. 4491, § 1, 1-19-88; Ord. No. 6139, § 1, 5-16-2000)
Sec. 6-52. Disposition of animals.
Animals delivered to the animal shelter, which have been found to be running at la | 
