HomeMy Public PortalAboutOrd 155 Animal Care
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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.
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