AN ORDINANCE AMENDING CHAPTER II, ARTICLES 1 AND 3 OF THE CODE OF THE CITY OF NEW STRAWN, KANSAS REGARDING ANIMAL CONTROL AND REGULATION IN THE CITY OF NEW STRAWN, KANSAS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS:
SECTION 1. That Section 2-101, subsection (o) of Chapter II, Article 1 is hereby amended to read as follows: –
(o) Livestock – includes any domesticated animals that are commonly bred or raised for sale or the production of products for sale, including but not limited to, Cattle, horses, bison, swine, llamas, alpacas, goats, sheep, rabbits and fowl. Cats and dogs’ are not considered as livestock for the purpose of this definition.
SECTION 2. That Section 2-109 of Chapter II, Article 1 is hereby amended to read as follows:
KEEPING ANIMALS OF LIVESTOCK. It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to possess and maintain any animal or livestock within the city unless said animal or livestock are (a) kept in an area at least three (3) acres in size, which is enclosed by a fence sufficient to keep said animal or livestock within said area, and (b) kept at least 50 feet from the property line of any person other than the owner or keeper of such animal(s) or livestock.
This provision shall not apply to:
(a) The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city;
(b) The maintaining of dogs which are regulated by Article 2 of this chapter,
(c) The maintaining of non-poisonous and non-vicious animals and fowl which are Commonly kept as household pets, such as cats, hamsters, rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with section 2-113 of this chapter; and
(d) The transporting of animals through the city by ordinary and customary means.
(e) The keeping, harboring, owning or possessing of female fowl within the city limits upon compliance with the following conditions:
(1) Prior to keeping, harboring, owning or possessing of female fowl within the city limits, a person shall apply for a permit from the city to harbor, keep, own or possess female fowl within the city limits;
(2) The maximum number of female fowl allowed to be kept, harbored, owned or possessed in the city limits is one (1) female fowl per 500 square feet of lot size, rounded down, with a maximum of twenty (20) female fowl allowed on any lot. –
(3) It shall be unlawful for any person harbor, keep, own or possess female fowl upon any private premises in the city within 50 feet of any house or residence of any person other than the owner or keeper of such female fowl; or to harbor, keep, own or possess female fowl at any time on any premises in a manner or condition constituting a public nuisance.
(4) It shall be unlawful for any person to allow or permit female fowl to run or be at-large at any time in the city.
(5) It is unlawful for any person to harbor, keep, own or possess roosters (male chickens), guinea cocks, peacocks, or other birds that by nature exhibit loud calls, within the corporate limits of the city.
(6) It shall be unlawful for any person owning, occupying, or controlling any yard, room, building, or any other place where female fowl are kept in the city to allow such place to become filthy, offensive, or unwholesome or to allow any decayed, putrid or offensive matter to accumulate thereon.
Any person or persons violating this provision shall be fined a fee of $50.00 and shall have three (3) days to maintain compliance. Each day thereafter on which a violation OCCurs or continues shall constitute an additional and separate offense, and a fine of $50.00 per day shall be assessed.
SECTION 3. That Section 2-114 of Chapter II, Article 1 is hereby amended to read as follows:
DEATH OF ANIMALS. All dead animals shall be disposed of by the owner or keepers within 24 hours of the animal’s death, by burial, incineration in a facility approved by the animal control office, or by rendering or by other lawful means approved by the animal Control officer. No dead animal shall be dumped on any public or private property. If Such dead animal is not disposed of within 24 hours, the City shall dispose of such dead animal and the owner or keepers shall be assessed a disposal fee of $200.00.
SECTION 4. That Section 2-116 of Chapter II, Article 1 is hereby amended to read as follows:
RUNNING AT LARGE. It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any person or persons violating this provision shall be fined a fee of $50.00. Each violation shall constitute an additional and separate offense, each with a separate fine. Any animal or fowl found at large shall be impounded as provided in section 2–217.
SECTION 5. That Section 2–301 of Chapter II, Article 3 is hereby amended to read as follows:
DEFINITIONS: For the purpose of this article DANGEROUS ANIMAL means and includes:
(a) Any mammal, including any wild animal crossed breed to a domestic cat or dog, any amphibian, reptile or fowl which is of a specifies which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well-being, or property, including but not limited to all poisonous animals (including rear-fang), alligators, apes, chimpanzees, gibbons, gorillas, orangutans, siamangs, monkeys, baboons, badgers, bears, bobcats, cheetahs, crocodilians, constrictor Snakes, Coyotes, deer (including all members of the deer family, such as white-tailed deer, mule deer, elk, antelope, and moose), foxes, elephants, gamecocks and other fighting birds, hippopotami, hyenas, jaguars, javelinas, leopards, lions, lynxes, ostriches, pumas (also known as Cougars, mountain lions and panthers), raccoons, rhinoceroses, skunks, tigers, wolves, and any other snake which is poisonous or otherwise presents a risk of Serious physical harm or death to human beings as a result of their nature or physical makeup;
(b) Any dog or cat having a disposition or propensity to attack or bite any person or animal without provocation;
(C) Any pit bull dog, unless such animal resided within the city limits prior to the passing of this ordinance. Pit Bull Dog is defined to mean any and all of the following dogs:
(1) The Staffordshire Bull Terrier breed of dogs; (2) The American Staffordshire Terrier breed of dogs, (3) The American Pit Bull Terrier breed of dogs; (4) Any dog which has the appearance and characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Stafordshire Terrier;
Any dog whose registration at any time listed it as a pit bull or any of the dogs listed above shall constitute prima facie evidence the animal is prohibited by this section.
SECTION 6. That Section 2-312 of Chapter II, Article 3 is hereby amended to read as follows:
VIOLATIONS AND PENALTIES. Any person violating or permitting the violation of any provision of this article shall be fined a fee of $50 per violation. Each day that a violation of this article occurs or continues shall be deemed an additional and separate Offense, and a fine of $50.00 per day shall be assessed, with total fines assessed hereunder not to exceed the sum $1000, in addition to any other fees, costs or penalties assessed herein. In addition, the court shall order the registration and/or permit for the subject animal revoked and the dog removed from the city. Should the defendant refuse to remove the dog from the city, the court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.
SECTION 7. This ordinance shall take effect and be in force from and after its publication in the official newspaper for the City of New Strawn.
Passed by the City Council and approved by the Mayor of the City of New Strawn, Kansas, on this 9″ day of December, 2015.
Mark Petterson, Mayor
Janell K. Templeton, City Clerk
APPROVED AS TO FORM
Denise McNabb, City Attorney