ORDINANCE NO. 8214
AN ORDINANCE AMENDING CERTAIN
PORTIONS OF CHAPTER III OF THE CODE OF THE CITY OF
BE IT
ORDAINED BY THE GOVERNING BODY OF THE CITY OF
Section 1. Section 3-102
of the Code of the City of
3-102 DEFINITIONS.
As used in this Chapter:
(A) "Domesticated" shall mean bred
for and adapted to living dependently in an urban household setting.
(B) "Humane" shall mean manner of
care including, but not limited to, protection, from harm, providing of shelter
with adequate protection from the elements, ventilation, sanitation, and
appropriate food and potable water consistent with the requirements and habits
of the animal's species, type, size, age and condition.
(C) "Officer" shall mean City
Animal Control Officer or City Police Officer.
(D) ”Own" or "Owning" shall
mean to keep, maintain, possess, control, sell, trade, or buy.
(E) ”Owner" shall mean the person who
owns, keeps, harbors or possesses an animal or specified animal.
(F)
"Spay"
or "neuter" shall mean to render permanently incapable of producing
offspring.
(G) “Fowl” shall mean any live member of
the category of birds typically kept for the production of eggs, meat or
feathers, whether or not that individual member is itself actually kept for the
production of eggs, meat or feathers.
This definition shall explicitly include, but shall not be limited to,
all chickens, ducks, geese, turkeys, peacocks, ostriches and emus.
Section 2. Section 3-104 of the Code of the City of
3-104 ANIMALS EXCLUDED FROM PROHIBITION.
(A) Animals
excluded from prohibition are:
(1) Domestic
dogs, except those hybridized with wild canines.
(2) Domestic
cats, except those hybridized with wild felines.
(3) Domesticated
rodents.
(4) Domesticated
European ferrets.
(5) Rabbits,
except that no more than three (3) rabbits shall be permitted in a
residentially-zoned district.
(6) Birds
other than fowl and species protected by state or federal law.
(7) Nonvenomous
snakes less than eight (8) feet in length, except that such snakes shall be
required to be maintained on the owner's premises or property.
(8) Nonvenomous lizards.
(9) Turtles, except for species protected by state
or federal law.
(10) Amphibians.
(11) Fish.
(12) Invertebrates.
(13) Any
animal in the ownership of a veterinary clinic operated by a licensed
veterinarian.
(14) Any
animal in the ownership of a person designated and licensed as an animal
rehabilitator by the Kansas Wildlife and Parks Department.
(15) Any
animal in the ownership of a person temporarily transporting such animal
through the city.
(16) Any
animal in the ownership of a bona fide medical institution or accredited
educational institution.
(17) Any
animal exhibited for sale, show or other temporary purpose at the Douglas
County Fairgrounds.
(18)
Any
animal temporarily owned by a facility licensed by the Kansas Animal Health
Department for the purpose of impounding, sheltering, or caring for animals.
(19)
Fowl, but only in zoning districts where the keeping of livestock is an
explicitly allowed use under Chapter 20 of this code.
(20)
Domesticated hedgehogs.
(B)
Persons legally owning goats, kids, sheep, rabbits or hares, horses, cows,
mules or donkeys one hundred fifty (150) feet away from any building used for
human habitation pursuant to Section 3-101 of the 1990 Code prior to December
30, 1992, shall be allowed to continue such use, provided ownership remains
with the same person on the same property. Persons legally owning
domestic fowl seventy-five (75) feet away from any dwelling other than that of
the owner or tenant thereof pursuant to Section 3-105 of the 1990 Code prior to
December 30, 1992, shall be allowed to continue such use, provided ownership
remains with the same person on the same property. Provided, the City
Commission may suspend enforcement of this subsection, or establish reasonable
conditions for the enforcement thereof, for property annexed into the City
after December 30, 1992.
(C)
The Municipal Court Judge may order the confiscation of a prohibited animal if
the animal poses an immediate danger to the public or itself. Upon the
conviction of a person for owning an animal as prohibited by this Chapter, the
Municipal Court Judge shall order the animal confiscated and transferred to an
appropriate licensed animal rehabilitation or care facility. The
Municipal Court Judge may order the release of the animal to the owner provided
that the animal will not be kept within the City limits.
Section 3. Severability. If any section, clause, sentence, or phrase
of this ordinance is found to be unconstitutional or is otherwise held invalid
by any court of competent jurisdiction, it shall not affect the validity of any
remaining parts of this ordinance.
Section 4. This ordinance shall take effect and be
in force effective upon its passage and publication
once in the official city paper as
provided by law.
PASSED
by the Governing Body this _______ day of____________, 2008.
PASSED:
________________________
Michael
Dever, Mayor
ATTEST:
____________________________
Frank S. Reeb, City Clerk
APPROVED AS TO LEGAL FORM:
____________________________
Toni
Ramirez Wheeler
Director of
Legal Services