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HomeMy WebLinkAboutOrd 0613 CITY OF MISSION ORDINANCE NO. 613 AN ORDINANCE RELATING TO DOMESTIC ANIMALS, THEIR CARE, LICENSING AND CONTROL REPEALING EXISTING MISSION ORDINANCE NO. 474 CHAPTER 2 ARTICLE 1, AND CHAPTER 8 ARTICLE 9 SECTION 18, ORDINANCE NO. 476, AND ORDINANCE NO. 496. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION, KANSAS: Suction 1. MAYOR MAY SUSPEND CHAPTER, TAKE EMERGENCY MEASURES IN EVENT OF EPIDEMICS. In the event that a rabies or domestic animal connected epidemic shall occur or may be deemed by the health officer to be imminent, all of this chapter may be declared temporarily suspended by order of the mayor and such emertency measures as are necessary may be substituted by proclamation of the mayor. Section 2. ANIMAL-DEFINED. Animal as controlled by this chapter shall include dogs, cats and domesticated four (4) legged animals, not otherwise prohibited within the City of Mission, Kansas. Section 3. SALE, DISPLAY OR GIFT OF CERTAIN ANIMALS. (A). It shall be unlawful for any person, firm or corporation to use as a toy or for display or for decorative purposes, or to sell or to,offer for sale or expose for sale, or subject to any form of mistreatment or careless handling, or to dye, any -.114 newly hatched fowl or any newly born rabbit under the age of three (3) months. (B). The provision of Section 3(A), relating to the sale of certain animals shall not apply to a regular licensed pet dealer who i licensed by the Kansas Animal Health Department or any Federal licensing or regulating authority. Section 4. DEVICES OR METHODS FOR CATCHING ANIMALS. It shall be lawful for any police officer or person designated to enforce the provisions hereof to use any devise, rope, net or enticement now devised or hereafter devised, or tranquilizer guns or darts or any other method to enforce such law so long as such method is humane. Provided, however, such methods are optional with the City, and nothing herein shall be construed to be a condition precedent to the application hereof. Section S. DESTRUCTION OF ANIMALS. The police, or humane officer of the City'may slay, without notice, any animals that are dangerous, fierce or vicious or suspected of being infected with rabies or hydrophobia. If such animal has been'slain, it shall be the duty of said police or humane officer to deliver, or cause to be delivered, its carcass and brain to a laboratory where examination of the same may be made. Section 6. KEEPING OF LIVESTOCK OR FOWL PROHIBITED. It shall be unlawful for any person, either as owner or as the agent, representative employee or bailee of any owner, or for any firm or corporation to keep, harbor or maintain any horses, cattle, swine, goats, sheep, mules, asses, rabbits or fowl of any kind including pigeons on any premises within the corporate limits of the city. Section 7. LICENSE AND FEE REQUIRED. It shall be unlawful for any person to own, keep or harbor any animal over six (6) months of age within the corporate limits of the City of Mission, without registering' such animal and paying a yearly license tax thereon. Any person, firm or corporation owning, keeping or harboring any animal over the age of six (6) months within t the corporate limits of Mission shall pay, an annual license tax of Three and no /100 Dollars ($3.00) to the city clerk or a city official. Section 8. ANTI- RABIES VACCINATION REQUIRED. Any person making applica- tion for a license for an animal shall be required to present to the city clerk or city official at the time of making such application a certificate issued by a licensed veterinarian showing that such animal has been vaccinated or innoculated with a recognized anti- rabies vaccine and showing that the innoculation so administered to such animal is current and effective at the time in which the application is made. Section 9. WHEN. PAYABLE. The license tax hereinbefore provided shall become due on March 1, and each March 1st thereafter and payable on or before the first day of April of each year and shall become delinquent and subject to an added penalty of fifty cents (50¢) per month on each animal on or after April 30th of each year, or upon the date registration of the animal is required. Section 10. NUMBER OF ANIMALS LIMITED. 'he arming, harboring or keeping of animals over six (6) months of age in excess of two (2) of any kind of animal, upon any property in the City of Mission shall be deemed a nuisance per se, Provided, that the owner or. keeper may secure from and at the discre- tion of the Governing Body, a permit to keep or harbor animals in excess of two (2) of any kind, upon adequately showing that the premises are so situated and that special circumstances exist which would not constitute a nuisance to the neighborhood. Section 11. REGISTRATION ANIMAL TAG. The owner or harborer of any animal over the age of six (6) months in the city shall cause such animal to be registered with the city clerk or city official. It shall be the duty of the city clerk, or city official, upon receipt of the license tax hereinbefore required, to keep in a book suitable for the registration of animals, the time of such registration, the name of the owner or keeper, the number of registration and the amount paid therefor, and shall deliver to the owner or keeper of such animal a receipt in writing, stating that such person has registered such animal and the number by which he is registered, and shall also deliver to the owner or keeper of such animal a metallic tag with the letters and /or registration number marked or stamped thereon; which shall be by the owner or keeper attached to the collar to be used on said animal so registered. Section 12. LOST TAG. When it shall be made to appear to the city clerk or city official that any tag has become lost, he shall, upon presenta- tion of the certificate, issue another tag for One and no /100 Dollars ($1.00) ee. Section 13. ANIMAL TAGS REMOVAL OF. It shall be unlawful for any Jerson to take off or remove the city license tag from any animal belonging to another, or remove the strap or collar on which the same is fastened. Section 14. KEEPING AND HARBORING DEFINED. Any person who shall allow any animal 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 said animal within the meaning of this article. t Section 1S. RUNNING AT LARGE UNLAWFUL. It shall be unlawful for any t owner, keeper or harborer of any animal to allow the animal to run at large within the City of Mission, Kansas. Section 16. RUNNING AT LARGE DEFINED. An animal shall be kept within the owner's private premises, or. otherwise led by a chain, strap or rope or similar restraint by some person in charge of the animal. An animal shall be deemed running at large when found upon public or private property, not the property of the owner, when not under the control of the owner, keeper or harborer as above provided. Section 17. RUNNING AT LARGE PICK UP. Whenever any animal shall be found running at large within the city limits of Mission, such animal may be taken up by the humane officer or by any other agency designated by the City of Mission, Kansas; and such animal shall be held seven (7) days after notice to the owners, if the owner is known, at a shelter provided for such purposes, and if within said seven (7) days the owner of any animal so held shall pay to the clerk of the court ora city official any required release fees, and pay to the person in charge of such shelter house any shelter fees, or board bills due, such animal shall then be released to the owner. Oft Section 18. NOTICE TO OWNER. Notice of pick up shall immediately be mailed by the agency designated by the city to the owner or keeper of the animal as shown by the licensing records of the city. Failure to receive such notice shall not prevent the city or its authorized agency to carry out the provisions of this ordinance. Section 19. PURCHASE OF CITY LICENSE AFTER IMPOUNDMENT. Should any animal be unlicensed at the time of impoundment, the owner, keeper or harborer of such animal shall be alloted five (S) working days from the date of the release of such animal to obtain a city license for such animal. Failure to obtain a city license within the alloted time shall be considered a separate violation and may be cause for the issuance of a notice to appear or further city. action. Section 20. FEMALE ANIMALS. The owner, keeper or person- harboring a female animal during the period that such animal is "in heat shall keep it securely confined and enclosed within a building except when on the owner's, keeper's or harborer's premises briefly for toilet purposes while under complete control of a responsible person. Any female animal which is not confined and enclosed as provided herein is hereby, declared to be a public nuisance and may be impounded or destroyed at the expense of its owner, keeper or harborer. Section 21. VICIOUS ANIMALS. It shall be unlawful for any person within the city to keep, own or harbor any cross or vicious animal, unless such person shall keep such animal securely fastened and tied so that he cannot reach any person to do him /her damage and shall keep said animal in an enclosure securely fenced so that said animal cannot escape therefrom; Provided, That if any such vicious animal is not so fastened, tied or fenced, the city may take up any such vicious animal and impound it az =I dispose of at the .expense of its owner,►;keep'er.or .harborer. Section 22. ANIMAL BITES QUARANTINE. It shall be unlawful for the owner of any animal or any person harboring an animal when notified that such animal has bitten any person or has so injured any person as to cause I1�A►, an abrasion of the skin, to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the city for a period of not less than fifteen (15) days after the date that such animal has so bitten or injured any person, except under the care of a licensed veterinarian. It shall be the duty of such owner or keeper upon receiving notice of the character aforesaid to immediately place such animal in a licensed veterinarian hospital where such animal shall be confined for a period of not less than ten (10) days; and such owner or person keeping or harborin3 such animal shall notify the court clerk of the name and location of said veterinarian hospital and the date that said animal was confined. Upon termination of confinement it shall be the duty of the owner or harborer to claim said animal from the veterinarian hospital. Section 23. ALTERNATIVE TO QUARANTINE. In the event the investigating officer determines: The animal which injured the person did so while confined on a leash on property under the control of the animal's keeper or harborer or within a fence or building enclosing property under the control of the animal's keeper or harborer; and the animal had rabies innoculation and was duly licensed at the time of injury, then, the animal need not be impounded in accordance with the provisions of Section 22, but the following alternative procedure may be followed: A. If the injured person,.his parent or guardian desires that the animal be impounded and agrees in writing to pay for its board during the period of impoundment, it shall be impounded for the period of time specified in Section 22 and all the provisions therein. B. If the injured party, his parent or guardian is unwilling to agree in writing, to pay for the animal's board during the period of impoundment, the animal shall be permitted to remain on the property of its owner, keeper or harborer; Provided, That such owner, keeper or harborer signs a written agreement to keep the animal confined to the property for the period specified in Section 22 and further agrees to allow the animal to be examined, periodically to determine its physical condition during the confinement period. If the owner, keeper or harborer of the animal is unwilling to sign such an agreement,.the animal shall immediately be impounded in accordance with the provisions of Section 22. Section 24. ABANDONING ANIMALS. No person shall cause any animal or animals to be abandoned within the city limits of Mission, Kansas. Section 25. NOISY ANIMALS. The keeping, or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited and declared to be a public nuisance and unlawful under this ordinance. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate said nuisance,-and if he fails to do so, the city may abate mo said nuisance, by taking up, impounding /or disposing of the'animal• at the expense of the owner. Section 26. DESTRUCTION. OF PROPERTY BY DOGS, CATS. No person shall keep or harbor any dog or cat which destroys or damages the property of any person other than that of such keeper or harborer. Section 27. CRUELTY TO ANIMALS. It shall be unlawful for any owner, keeper or harborer of any animal, to fail to provide such animal with sufficient, sanitary and wholesome food and water, shelter and protection rift from the weather, veterinary care as needed, or to otherwise fail to provide r humane care and treatment. No person shall beat, torment, overload, overwork, or otherwise ill -treat or abuse any animal. No person shall intentionally injure, destroy or kill any animal in the City of Mission, Kansas, unless such animal is an immediate threat to the physical safety of such person or other persons. Provided nothing herein shall -prohibit the disposition of any animal in a humane manner as hereinbefore provided in this ordinance. In the event the animal control officer or any other law enforcement officer has probable cause to believe that any owner, keeper, harborer or other person is mistreating any animal within the city limits of the City of Mission, as set forth in this ordinance, such officer may enter upon private property to investigate the matter in order to make a proper determination, and if in the opinion of the officer, such animal is being mistreated, said officer may seize said animal for emergency treatment and /or care. Section 28. CONDITIONS OF ENCLOSURES. All structures, pens, or yards wherein animals are kept, or permitted to be, shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. Section 29. FINANCIAL RESPONSIBILITY. In.the event any owner, keeper or harborer or other person shall be found to be in violation of any of the provisions of the ordinance, any financial liability incurred for the treatment Onhand care of such animal shall be the personal financial responsibility of such ''owner, keeper, harborer or person. In the event such owner, keeper, harborer or person is a minor, the parent or legal guardian of such minor shall be financially responsible for such treatment and care. Section 30. PENALTIES. In addition to the financial responsibility, provided herein, any person violating any provision of the ordinance shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00) or be imprisoned not to exceed thrity (30) days, or be both so fined and imprisoned. THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE FROM AND AFTER ITS PUBLICATION AS REQUIRED BY LAW. ADOPTED by the City Council this i4 th day of A ,111111P 1982. Alf SYLV -S POWELL, JR., Mayor ATTEST: -*C G. GIBBS, City Clerk 7� Suzanne Gibbs, City Clerk I hereby certify that the foregoing i` a true and correct copy of the ordinance and that said rdinance was passed on the 14.th day April, 1982; that the record of the final vote on its passage is found on page 3 of the April 14th minutes, Journal 1982; that it was published in the Johnson County Sun on the 21st day of April, 1QR2'.