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HomeMy Public PortalAboutOrd 155 Animal Care It ' J (Published in the I!Q~:J!<'j ,k..~;t2(c/--r;;, the 1/7 -day of 72/~:'l~,)ot l~f9 89 ) ( ! '-+ THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. /.5.5 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; PROVIDING PENALTIES FOR VIOLATIONS AND REPEALING ORDINANCE. NO. 24. 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. appointed person or Bel Aire, "Animal Care Officer" shall mean the person or persons to act as the Animal Officer by the Mayor or any other agency designated by the Governing Body of the City of Kansas, to enforce the provisions of this ordinance. 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 danger- ous by the Animal Care Officer after a hearing. 6. "To Harbor" shall mean giving 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. "Public Nuisance" shall mean any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or proper- ty. 'l'he term "public nuisance animal" shall mean and include, but is not limited to, any animal that: (a) is repeatedly found at large; (b) damages the property of anyone other than its owners; (c) molests or intimidates pedestrians or passerby; (d) chases vehicles (e) excessively makes disturbing noises, barking, whining, other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (f) causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or other in close proximity to the premises where the animal is kept or harbored; (g) causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored. (h) is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained; (i) attacks other domestic animals; (j) has been found by the Animal Care Officer, after notice to its owners and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare or safety. 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 medi- cine licensed by the State of Kansas. 14. "Restraint" shall mean any animal secured by a leash or lead under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner. 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 constitute "animal control officers" for the purpose of K.S.A. 47-170 et. seq., and amendments 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 en- forcement 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 re- quired 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 Five Dollars ($5.00). 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 used in research work to devel- op 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. As a requirement for a dog license the owner of the dog to be licensed must present a Rabies Vaccination Certificate from a veterinarian containing information regarding the dogs description, date of rabies vaccination, veterinary tag number, and the owner's name, address and telephone number. Upon payment of the required fees and verification of rabies vaccination the Clerk shall issue to the owner a Certificate of Registration for said dog and a metal tag containing the year of issuance and a license number. The metal license tag shall be worn on the licensed dog at all times. SECTION 5. VACCINATION AGAINST RABIES The owner of any dog over three months of age kept or har- bored in the City shall have such dog vaccinated against rabies each year by a veterinarian. Rabies vaccination will be consid- ered current for twelve (12) months following the date of vaccina- tion. Vaccination may not be required if the owner of such dog shall exhibit to the Animal Control 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 administering the rabies vaccination shall issue a metallic tag for the particular dog vaccinated, on which tag shall be distinctly marked the veterinarian's name or veteri- nary clinic name, address and tag identification number. The year of vaccination shall also be distinctly 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. All dogs used in research work to develop disease free animals are hereby exempted from the vaccination provisions of this ordinance. SECTION 7. FALSE STATEMENT All false statement in an application for a license to keep a dog shall render null and void the license 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 ordi- nance is guilty of a misdemeanor. SECTION 8. NUISANCE DOG The owner of a dog shall prevent such dog from committing a public nuisance as herein defined. The Animal Care Officer is empowered to take into custody any nuisance dog which is not found on the premise of the owner. Pursuant to K.S.A. 47-1711, said Officer shall immediately record the color, breed, sex, approxi- mate weight and other description of the animal, the reason for the seizure, the owner's name and address, if known, animal li- cense number, and any other identification number. The Animal Control 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 Control Officer shall take an injured or diseased nuisance dog to a veterinarian for treatment, and such costs shall be the responsibility of the owner. If a nuisance dog is impounded, the Animal Control 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 Ordinance. B. Any person who 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 prop- erty, 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 informa- tion 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 prem- ises, the Animal Care Officer shall notify the owner, if known, that the nuisance action 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. C. RESTRAINT (a) All dogs shall be kept under restraint. (b) No owner shall fail to exercise proper care and control of his animals to prevent them from be- coming a public nuisance. (c) Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot corne into contact with another animal except for planned breeding. (d) Every vicious animal, as determined by the Animal Care Officer shall be confined by the owner within a building or secure enclosure shall be securely muzzled or caged whenever off the premises of its owners. SECTION 9. REVOCATION OF LICENSE FOR HABITUAL NUISANCE. A. Upon a person's conviction for a third time under Sec- tion 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 deter- mine whether or not such person's license to keep the dog involved shall be revoked. In making that determination, the Director shall consider the following: 1. Whether such person knowingly permitted such dog to commit acts of nuisance; and 2. Whether the dog can be kept in a manner that will prevent nuisance acts in the future. B. Any person who owns or harbors 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 follow- lng: 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 confinement is not possible or if prior orders have not been heeded, the Director 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 pursuant to Section 9 and 10, may appeal such order or determination within three days, excluding Saturdays, Sundays or Holidays, to the City Coun- cil. An appeal to the City Council shall be taken on the record of the hearing before the Animal Care Officer. 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 responsible for the payment of any costs for such con- finement. Any owner whose animal has been ordered confined for rabies observation shall be guilty of a misdemeanor if said owners 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 Offi- cer 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 the animal and the name, 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 responsible 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 15A. 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. B. ANIMAL CARE (a) No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and protection from weather, veterinary care when needed to prevent suffering, and humane care and treatment. (b) No person shall eat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight bullfight, or other combat between animals or between animals and humans. (c) No owner of an animal shall abandon such animal. (d) No person shall crop a dog's ears or dock a dog's tail, except when a licensed veterinarian issues a signed certificate that the operation is necessary for a dog's health and comfort. In no event shall any person except a licensed veterinarian perform such an operation. (e) No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter any contest, game or other competition, as an inducement to enter a place of amusement;l or as a incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (f) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or local humane society. (g) No person shall expose any known poisonous sub- stance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substance. SECTION 19. FEES In actions involving the violations of any of the sections 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 cased disposed of without trial or hearing - $10.00. 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" misdemeanor and shall be subject to a defi- nite term of confinement in jail which shall be fixed by the Court and shall not exceed one (1) month 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 Each day that any violation of this Ordinance occurs it shall constitute a separate offense and shall be punishable thereinafter as a separate offense. 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 16. LEGAL ACTION Whenever the Animal Care Officer has probable cause to be- lieve that a person is violating the requirements of this ordi- nance, the officer 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. All violations herein referred to as misdemeanors are Class "C" misdemeanors as set forth in Section 20 thereof. 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 informa- tion: 1. a description of the animal and the date and time the animal was in violation; 2. the animal's license number or other identification 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 8issued a summons as provided in Section 17 may, within ten (10) days of the time of such viola- tion, as indicated by such notices issued to the person, pay the Clerk of the Municipal Court, Traffic Violations Division, as a penalty for an 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 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 individ- uals it deems necessary to carry out the provisions of this ordi- nance. SECTION 23. SEVERABILITY If any section, sentence, subdivision or clause of this ordinance shall for any reason be held invalid or unconstitutional such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 24. REPEAL Ordinance No. 24 is hereby repealed. SECTION 25. 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 7l'u""-, 1989 by the Gov- erning Body. t. L 11".:y.......'., ,. ):J~ ,._-",;~'~t:'VED <b ~ """, "" ~ ,/ ("..,~'<I'i'" , ,I"~ ,......." 10 ,~:) '," " /, /"j:\- , '. <;;-1' \ ';!:{:'" ~'i\~ r>"': ~ '/' "'.. .~, _' I '\? y -. "~', ,. , I r- i '..., /...'.' ' ',,' f ' r- ; ;' -r ....,~ 'i' . J' ":,,J'~">>'.. ( ., \\ ""....r, J"',... /' 1- ,,:':~' ~ /~\" .r -. I' l'<... . ,,,/A1'TEST: "1''': . . 1"1 "7.. -' \ .,'1. J;:. t~'-,- by the Mayor this ~day of ~~ , 1989. ~~~ (' OR .. ~.;<~ CITY LERK