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HomeMy Public PortalAboutOrd 024 Animal Care (Published in the JlA,\V Afb,kthe 81!.day Of.w, 1981) THE CITY OF BEL AIRE, KANSAS ORDINANCE No. 2 Lj AN ORDINANCE CREATING A DEPARTMENT OF ANIMAL CARE AND PROVIDING FOR THE LICENSING AND VACCINATION OF DOGS; PROVIDING FOR THE REGULATION OF NUISANCE DOGS AND DANGEROUS ANIMALS; PROVIDING FOR REVOCATION OF LICENSE; PROVIDING FOR APPEAL AND PROVIDING PENALTIES FOR VIOLATIONS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE: SECTION 1. DEFINITIONS Unless otherwise specified, the following terms as used hereinafter shall mean as follows: 1. "Animal" shall mean any vertebrate or invertebrate organism of the Kingdom Animalia, except man. 2. "Animal Care Officer" shall mean the person or persons appointed to act as the Animal Officer by the Mayor or any other person or agency designated by the Governing Body of the City of Bel Aire, Kansas, to enforce the provisions of this resolution. 3. "Attack" shall mean to set upon with violent force. 4. "Bite" shall mean any abrasion, scratch, puncture, tear, bruise or piercing of the skin. 5. "Dangerous Animal" shall mean an animal declared dangerous by the Animal Care Officer after a hearing. 6. "To Harbor" shall mean gJ.vJ.ng shelter or refuge to an animal or allowing an animal to remain, to lodge or to be fed regularly on a person's premises. 7. "Health Officer" shall mean the Director of the Wichita-Sedgwick County Department of Community Health or his authorized representative for the purposes of K.S.A. 1974 Supp. 47-125. 8. "Nuisance" shall mean acts of a dog which constitute trespass to the property of a person other than the owner or which constitute a threat to the safety of a person or domestic animal at a place other than on the property of the owner. 9, "Nuisance Dog" shall mean any dog which has committed or is committing a nuisance. 10, "Owner" shall mean the person who hold an animal as personal property or who harbors an animal. 11. "Person: shall mean any individual, firm, association, joint stock company, syndicate, partnership or corporation. 12. "Trespass" shall mean entering or remaining without consent upon property other than the property of the owner. 13. "Veterinarian" shall mean a doctor of veterinary medici.fie licensed by the State of Kansas. SECTION 2. ANIMAL CARE DEPARTMENT A. There is hereby established by the Governing Body of the City of Bel Aire, Kansas, a Department of Animal Care which shall be responsible for the implementation and enforcement of this ordinance in the City of Bel Aire, Kansas. The Department shall consist of a director and such other personnel as the Governing Body deems necessary to perform the functions herein described. B. The Director and personnel in the Department of Animal Care shall constitue "animal control officers" for the purpose of K.S.A. 47-170 et seq., and ~endements thereto, and shall have the powers of a law enforcement officer for the purpose of signing complaints, issuing summonses and serving notices to appear when the Animal Care Officer has probable cause to believe that a person has violated or is violating a section of this ordinance or when such violation has occurred in the presence of said Officer. The Animal Care Officer shall also have the power of a law enforcement officer pursuant to K.S.A. 1974 Supp, 47-125 for the purpose of taking up, on private or public property, any animal which has bitten a person or other animal for determination by the Health Officer whether or not such animal is suffering from a disease. SECTION 3. LICENSING OF DOGS. A. The owner of any dog three months or over in age which is kept or harbored within the City of Bel Aire, Kansas, is required to obtain an annual license for keeping said dog pursuant to K.S.A. 1975 Supp. 19-2230. The license fee for keeping a dog is established at One Dollar ($1.00). The owner of any dog which is registered as a "seeing eye dog" or which is trained to aid hearing impaired persons or which performs law enforcement or security functions for a governmental entity shall not be required to pay a license fee to keep said dog, but shall be subject to all other requirements contained in this ordinance. Any owner who fails to obtain an annual license as required herein shall be guilty of a misdemeanor. All dogs being used in research work to deve19p"disease free animals are hereby exempted from the licensing provisions of this Ordinance. SECTION 4. PROCEDURE FOR OBTAINING LICENSE. The City Clerk shall provide suitable license forms in triplicate to veterinarians practicing in the vicinity of the City. Such forms shall be designed to receive -2- infomration regarding the dog's description, date of rabies vaccination, veterinary tag number, and the owner's name, address and telephone number. Such forms shall serve as a vaccination certificate, an application for a license and the actual license when signed. The forms shall be completed by the veterinarian at the time of vaccination and distributed as follows: original- The City Clerk; first copy - veterinarian;second copy- dog owner. The dog owner shall have the opportunity to make payment for the license fee at the office of the veterinarian. The license will not be considered valid until payment is made. The veterinarian shall send the license form and any license fee received to the City Clerk, who shall deposit the license fee in the City general fund and shall forward the license form to the Animal Care Officer. The City Clerk shall provide postage- paid, addressed envelopes to the veterinarians for their use in forwarding licenses and fees to the City Clerk. SECTION 5. VACCINATION AGAINST RABIES The owner of any dog over three months of age kept or harbored in the City shall have such dog vaccinated against rabies each year by a veterinarian: Rabies vaccination will be considered current for twelve (12) month following the date of vaccination. Vaccination may not be required if the owner of such dog shall exhibit to the Animal Care Officer a statement from a veterinarian that said vaccination would be injurious to the dog because of its age or health. SECTION 6, VACCINATION PROCEDURE The veterinarian admintsteringthe rabies vaccination shall issue a metallic tag for the particular dog vaccinated, on which tag shall be distinctly marked the veterinarian's name or veterinary clinic name, address and tag identification number. The year of vaccination shall also be distrinctly marked thereon. The owner of any dog over three months of age which is not wearing a collar with a current rabies vaccination tag is guilty of a misdemeanor. Al dogs used in research work to develp disease free animals are hereby exempted from the vaccination provisions of this ordinance. SECTION 7. FALSE STATEMENT Any false statment in an application for a license to keep a dog shall -3- render null and void the licese issued to the owner for such dog. Any person who knowingly makes a false statement in any application, affidavit or other document required by this ordinance is guilty of a misdemeanor. SECTION 8. NUISANCE DOG A. The owner of a dog shall prevent such dog from committing a nuisance by.,t respassing on the property of any other person or threatening the safety of any person or domestic animal at a place other than on the property of the owner. The Animal Care Officer is empowered to take into custody any nuisance dog which is not found on the premises of the owner. Pursuant to K.S.A. 47- 1711, said Officer shall immediately record the color, breed, sex, approximate we:i;ght and other description of the animal, the reason for the _.seizure. the owner's name and address, if known, animal license number, and any other identification number. The Animal Care Officer may impound a nuisance dog at an animal shelter for adoption or euthanasia unless reclaimed by the owner upon payment of a redemption fee set by the Governing Body and upon compliance with all other provisions of this ordinance. The Animal Care Officer shall take an injured or diseased nuisance dog toa veterinarian for treatment, and such costs shall be the responsibility of the owner. If a nuisance dog is impounded, the Animal Care Officer shall notify the owner, provided the owner is known. Such notification shall constitute prior notification for purposes of possible criminal penalties provided in subsection "B" of this section. B. Any person whose property is being trespassed or whose safety or that of a domestic animal is being threatened by a nuisance dog may confine said dog on the aggrieved person's property, but shall immediately notify the owner or the Animal Care Officer for pick up. Any person whose property is trespassed or whose safety or that of a domestic animal is threatened by a nuisance dog may notify the Animal Care Officer with the information concerning said trespass or threat, including the name and address of the owner of such nuisance dog, if known. The Animal Care Officer shall investigate said allegations and pick up the nuisance dog if not found on the premises of the owner. If the nuisance dog cannot be located or is found on its owner's premises, the Animal Care Officer shall notify the owner, if known, that the nuisance actions :of the dog must be abated, Any owner who has been notified that his or her dog has committed an act of nuisance shall be guilty of a misdemeanor if such dog commits another nuisance act within one year of prior notification. Each additional act within the one year period shall constitute an additional violation. -4- SECTION 9. REVOCATION OF LICENSE FOR HABITUAL NUISANCE. A. Upon a person's conviction for a thrid time under Section 8 above involving the same dog in anyone year period, the Director of the Animal Care Department may, after written notice of time and place given to such person, hold a hearing to determine whether or not such person's license to keep the dog involved shall be revoked. In making that determination, the Director shall consider the ~ollowing: 1. whether such person knowingly permitted such dog to commit acts of nuisance; and 2. whether the dog or can be kept in a manner that will prevent nuisance acts in the future. B. Any person who owns or harbor a dog in the City of Bel Aire after that person's license to keep the dog shall have been revoked shall be guilty of a misdemeanor. SECTION 10. DANGEROUS ANIMAL Upon the complaint of any person or upon his own volition, the Animal Care Officer may hold a hearing to determine whether or not an animal which has attacked or bitten any person or domestic animal is dangerous. The owner of said animal shall be notified in writing of the time and place of the hearing. If the owner is not known, notice of the hearing shall be published at least one week prior to the hearing in the official city newspaper. In making a determination, the Director shall consider the following. 1. the seriousness of the attack or bite; 2. the past history of attacks or bites; 3. the likelihood of attacks or bites in the future; 4. the conditions existing at the time of the attack or bite; 5. the conditions under which the animal is kept or confined. If the Director determines that the animal is dangerous, he may order that the animal be confined in a manner and location that will ensure that it is no threat to persons or domestic animals. If such confinement is not possible or if prior orders have not been heeded, the Direcotr may cause the animal to be destroyed. SECTION 11. APPEAL FROM DIRECTOR'S RULING. Any person dissatisfied with any order or determination of the Director of the Animal Control Department may purusant to Section 9 and 10, may appeal such order or determination within three days,excluding Saturdays, Sundays. or Holidays, to the City Council. An appeal to the City Council shall be taken on the record of the hearing before the Animal Care Officer. -5- SECTION 12. FAILURE TO CONFINE BITING ANIMALS The owner of any animal which has bitten a person or other animal shall confine or surrender to the Animal Care Officer such animal for rabies observation purposes in accordance with the instructions of the Officer or Health Officer, and such owner shall be responsbile for the payment of any costs for such confinement. Any owner whose animal has been ordered confined for rabies observation shall be guilty of a misdemeanor if said owner fails to confine the animal in accordance with said order. SECTION 13. REPORTING ANIMAL BITES Any person having an animal bite or other persons knowing of such bite shall report to the Animal Care Officer or Health Officer information concerning the bite, the location of the animal at the time of the bite, the victim's name, address and phone number, a description of tbe animal and the name and address of the animal's owner, if known. SECTION 14. INJURED ANIMAL. The owner of an injured animal taken to a veterinarian by the Animal Care Officer is repsonsible for the payment of charges for veterinarian services related thereto. The owner shall reimburse the Animal Care Officer for all expenditures the Office may pay for veterinary services rendered to the owner's animal under this section. SECTION 15. INTERFERENCE WITH ANIMAL CARE OFFICER Any person who interferes with or hinders an Animal Care Officer in the lawful discharge of his duties is guilty of a misdemeanor. SECTION 16. LEGAL ACTION Whenever the Animal Care Officer has probable cause to believe that a person is violating the requirements of this ordinance, the office may serve upon such person a written notice to appear in court or may sign a complaint against the person and cause a summons to be issued. Prosecution for any such violation shall be commenced in the Municipal Court in the name of the City and shall be conducted in the manner provided by law for the prosecution of misdemeanor violations. SECTION 17. ISSUANCE OF SUMMONS Whenever any person is in violation of a section of this ordinance which makes such a violation a misdemeanor, a summons shall be issued to that person containing the following information: -6- 1. a descripton of the animal, and the date and time the animal was in violation; 2. the animal's license number or other indentification information, if available; 3. the location of the animal at the time of the violation; 4. the name, address, sex and age of the person; and 5. any other facts which are necessary to a thorough understanding of the circumstances attending such violation. The summons shall instruct such person to answer the charges of said violation before the Municipal Court. SECTION 18. PAYMENT TO AVOID PROSECUTION Any person who is in violation of any of the provisions of this ordinance and who has been issued a summons as provided in Section 17 may, within ten (10) days of the time of such violation, as indicated by such notice issued to the person, pay to the Clerk of the Municipal Court, Traffic Ciolations Division, as a penalty for and in full satisfaction of such violation, the fine and fees specified in Section 19 and 20 of this ordinance for the violation specified. The failure of such person to make such payment within ten (10) days shall render such person subject to Court action. SECTION 19. FEES In actions involving the violations of any of the section of this ordinance, whenever the defendant is adjudged to pay the costs in any such action, the following fees shall be charged: 1. For each case disposed of by trial or actual hearing-$14.50 2. For each case disposed of without trial or hearing-$lO.OO SECTION 20. PENALTY Any person who shall be convicted in Municipal Court for violation of any provision of this ordinance shall be deemed guilty of a class C misdeamenor and shall be subject to a definite term of confinement in jail which shall be fixed by the Court and shall not exceed on emonth and/or pay a fine which shall be fixed by the Court, a sum not to exceed $500.00; provided further, the minimum fine from the following enumerated sections of this ordinance shall be assessed as follows: Section Violation Fine 8 3 6 12 Nuisance Dog Failure to obtain dog license Failure to vaccinate dog Failure to confine biting animal $25.00 15.00 25.00 50.00 -7- Each day that any violation of this ordinance occurs it shall constitute a separate offense and shall be punishable thereinafter as a separate violation. SECTION 21. DEAD ANIMAL PICK UP. The Animal Control Officer shall be authorized to pick up and dispose of dead animals upon notification of the location of said animal in the City. If said dead animal pick up is at the request of the owner or the dead animal is located on private property, there shall be a fee for such service as set by the Governing Body. If the owner of a living animal requests the Animal Control Officer to pick up said animal for euthanasia and disposal, there shall be a fee for providing this service as set by the Governing Body. SECTION 22. AGREEMENTS The Governing Body of the City of Bel Aire, Kansas may enter into agreements with any veterinarians, governmental agencies, cities, townships, improvement districts, corporations or individuals it deems necessary to carry out the provisions of this ordinance. SECTION 23. SEVERABILITY If any section, sentence, subdivision or clause of this ordinance shall for any reaons be held invalid or unconstitutional such decision shall not affect the validity of the reamining portions of this ordinance, SECTION 24. EFFECTIVE DATE This Ordinance shall become effective and in full force upon its publication in the official city newspaper. Passed and adopted this~day of c.fJ?M.C)j Approved by the Mayor thi~~.day Of~7 do .j;. iht , 1982 by the Governing Body. , 1982. ATTEST: aha! a at.~ City Clerk / , ..~.f.. " 'f": . ~/~c>"-'. ..../t(S".HC,t,..i,