K.S.A. 47-1701 to 47-1731, an act relating to animals providing for the licensing of animal dealers, the registering of pounds, the registering of animal shelters, the licensing of pet shop operators and animal dealers prescribing the powers and duties of the livestock commissioner; declaring certain acts to be unlawful and prescribing penalties for the violation thereof is incorporated by reference as if set out in full herein.

(Ord. 536; Code 2018)

(a)   Permits shall be required for all commercial animal enterprises and multi-animal owners. Commercial animal enterprises shall include but not be limited to enterprises such as kennels, pet shops, riding stables, animal auctions, performing animal exhibition, and animal training services, grooming shops, petting zoos, aviaries or any similar entrepreneurial relations regarding animals. No person shall maintain, harbor or care for more than four animals of any species without having obtained a multi-animal owner permit, excluding fish.

(b)   Permits shall be valid for one year from date of issuance. The permit fee shall be according to the schedule established from time to time by the City Council.

(c)   The animal control officer upon an inspection finding inconsistent with the permit requirements of this section, may file an application with the city manager or his or her designee to revoke any permit issued under this section. The city council or their designee may temporarily suspend any permit pending an investigation if such immediate action is determined reasonably necessary to protect the public health or the safety of any animal.

(Ord. 536; Code 2018)

(a)   Upon inspection of the premises by the animal control officer, the permit shall be issued if the following conditions are met:

(1)   The facility must be adequate for the number and type of animals to be kept;

(2)   Facility must be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of facility shall be in proportion to the size of the individual animal’s height and weight;

(3)   Adequate food and water must be provided so that each and all animal(s) kept shall be maintained in good health and free of malnutrition and/or dehydration;

(4)   The premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal’s health and/or to the health of the general public;

(5)   The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities;

(6)   The animals must be maintained in a manner which does not endanger the health of the animals themselves or to adjacent animals;

(7)   The animals must not cause odor which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent or neighboring premises; and

(8)   The applicant or holder of the permit shall not have been issued a citation for violation of this chapter on two separate occasions, or animals covered by or to be covered by the permit have not been impounded on two separate occasions.

(b)   The police department shall develop and adopt standard operational procedures for the animal control officers consistent with this section in providing guidelines and standards for the inspection of such facilities for permitting and for the periodic monitoring of such facilities. Such permitted facilities may be randomly inspected for compliance with the basic requirements stated herein at any reasonable time during regular business hours for commercial animal enterprise permitted facility. Refusal to allow such inspections shall be grounds for permit revocation.

(Ord. 536; Code 2018)

Any commercial animal enterprise or multi-pet owner permit may be revoked if the owner’s facility is found to be violation of this title, any zoning law, health law or any other applicable ordinance of the city or of the state of Kansas, or the facility is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(Ord. 536; Code 2018)

The city council may from time to time designate a licensed veterinarian of the city to act as an agent for the city under any of the applicable sections of this title.

(Ord. 536; Code 2018)

(a)   Notwithstanding the provisions of special certificates of registration of dangerous wild animals and other non-domestic animals noted in such sections, a certificate may be issued in conjunction with the issuance process of permitting circus or non-accredited zoo operations within the city. The issuance of such permits shall provide an exception to said sections and classify such animals as “restricted” and subject to the terms set out in the application and agreement processes provided herein. The application for certificate and permit shall be made to the animal control section of the police department on a form provided for by the department. Such form shall contain a formal “agreement” between the city and the applicant relating to routine permitting criteria and specifically, general business practices as these relate to the type of permit required (circus or zoo), hours of operation, and covenants to observe approved safety and escape prevention procedures. Approved permits and related certificates of registration shall be issued under the authority of the city council or designee. Applications shall be investigated for reputation for historical compliance with similar laws in this jurisdiction and others, and the applicant shall provide the following information and documentation:

(1)   A health certificate from a licensed veterinarian that the animal is free from symptoms of infectious disease or is under treatment. A new health certificate is required each time the permit is renewed. A copy will remain with the animal control officer;

(2)   Copies of applicable state or federal permits or licenses as required by either of those entities for the keeping of the particular animal in question. These copies will be retained by the animal control officer;

(3)   Information relating to the owner including emergency telephone numbers and telephone numbers for their veterinarian in case of emergencies;

(4)   Present proof of liability insurance or financial responsibility in the amount of one million dollars ($1,000,000.00) per incident to cover the damages resulting from an escape and/or attack;

(5)   Agreement to allow reasonable access for inspection by animal officer;

(6)   Enter into an agreement with the city that safety and escape prevention be maintained on a twenty-four (24) hour basis, the failure of which shall be grounds for permit revocation and documentation of compliance with all other applicable city ordinances, including, but not limited to, building, planning and zoning.

(b)   The negligent escape of any animal subject to permitting under this section shall be prima facie evidence of a breach of the safety and escape prevention covenants required herein.

(c)   Failure to provide required information or documentation, unsatisfactory investigative finding shall be grounds for denial of permit. An appeal of denial of permit shall be made in writing within ten days of the notice of denial to the Mayor. The City Council or their designee may review the issues leading to the denial or conduct an administrative hearing, and decide the issue, in either. This decision is final.

(d)   Before a certificate and permit is issued the animal control officer shall inspect the facility where the animal(s) is/are to be kept, which must meet the following criteria:

(1)   Each enclosure must provide adequate exercise and sleeping quarters;

(2)   Proper temperature control and ventilation for the particular species must be provided in both areas;

(3)   Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure;

(4)   Each enclosure must be constructed so as to prevent the animal from escaping;

(5)   Each enclosure must be kept in good repair to prevent both escape and injury to the animal;

(6)   Each enclosure must have a water container which is secured so as to prevent it being overturned; and

(7)   Each enclosure must be cleaned daily.

(e)   Animal control officer may when deemed necessary, employ the services of a licensed veterinarian to assist in this application process and applicant shall be responsible for the reasonable cost associated with such service in addition to any permit fees required under this act.

(f)   Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian.

(g)   Any animal which has bitten or scratched someone must be immediately surrendered to the animal control officer for euthanasia and testing by the Kansas Department of Health. A live test approved by the Kansas Department of Health may be substituted for euthanasia.

(h)   Fee for circus/zoo registration and permit shall be according to the schedule established in Appendix A incorporated herein by reference, and the permit shall expire one year from the date of issuance and shall not be transferable. Major modification or additions to such facilities’ animal containment areas shall require a re-inspection and/or re-permitting of the circus or zoo. In such instances, original application fee shall be collected.

(Ord. 536; Code 2018)