For the purpose of this article, the following words shall have the following meanings.

(a)   Animal shall include, but shall not be limited to, cattle, horses, mules, goats, hogs, and sheep.

(b)   At large shall mean off the premises of the owner or keeper or not under the control or supervision of the owner or keeper.

(c)   Fowl shall include, but shall not be limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

(d)   Person shall mean any person, firm, partnership, association or corporation.

(Code 1988; Ord. 2072; Code 2022)

Except as otherwise provided in this Article, the keeping within the city limits or any animal or fowl is hereby prohibited.

(Ord. 791, Sec. 1; Ord. 2072; Code 2022; Ord. 2023-05)

Any person who maintains any non-domestic farm animal in any building, pen or enclosure on his or her premises, which is not kept clean, sanitary and free from filth, debris, garbage and offensive odors at all times, or which becomes offensive to those residing in the vicinity thereof, shall be deemed to be maintaining a nuisance.

(Code 1988; Ord. 2072; Code 2022)

The chief of police or his designee shall have the duty to inspect all places within the city where non-domestic farm animals are kept. If said person deems the keeping or feeding of such animals a nuisance, he shall notify the owner or keeper thereof to abate the nuisance within five (5) days of the date of the notice.

(Code 1988; Ord. 2072; Code 2022)

The failure of any owner or keeper of non-domestic farm animals to remove or abate any nuisance within the time specified in the notice to abate shall be deemed a public nuisance. If the nuisance is not removed within five (5) days thereafter, it shall be considered a second offense and every day the condition shall continue shall be considered an additional offense against the provisions of this section. In addition, the judge of the municipal court may order the city to abate the nuisance and the cost thereof shall be assessed against the owner or keeper of the animals.

(Ord. 787, Sec. 3; Code 1988; Ord. 2072; Code 2022)

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 animal or fowl found at large shall be impounded as provided in section 2-108.

(Code 1988)

It shall be unlawful for any person to herd or graze any animal along the streets and alleys, or upon the public grounds of the city, even when such animal is picketed upon private grounds. Any animal found in violation of this section shall be considered at large and shall be impounded, as provided in section 2-108.

(Code 1988)

The chief of police shall impound any animal or fowl found at large in the city in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall return the animal to such owner when his identity is ascertained. The city shall be entitled to receive from such owner the actual cost of feeding and maintaining the animal while impounded. In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal shall be considered a stray. The chief of police shall report the impounding of such stray to the county sheriff and the animal shall be disposed of as provided by law. (Ref. K.S.A. 47-230 for disposition of strays.)

(Code 1988)

It shall be unlawful for any person to break open, or assist, counsel or advise the breaking open of the city pound, or to take or let out any animal placed therein by the impounding officer. This section shall not apply to any officer duly authorized to handle animals impounded.

(Code 1988)

It shall be unlawful for any person to:

(a)   Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; or otherwise cruelly set upon any animals or fowl, except that reasonable force may be employed to drive off vicious animals;

(b)   Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;

(c)   Have, keep or harbor any animal or fowl which is infected with any dangerous or incurable and/or painfully crippling condition except as hereinafter provided. The municipal court judge may order a person convicted of violation under this subsection to turn the animal or fowl involved over to a designated humane society. All such animals or fowl taken by the designated agency may be destroyed humanely as soon thereafter as is conveniently possible. This section shall not be construed to include veterinary hospitals or animals or fowl under active veterinary care;

(d)   Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, except pigeons, under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color; provided, however, that this section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowl for recognized animal husbandry purposes;.

(e)   Promote, stage, hold, manage, or in any way Conduct any game, exhibition, contest or fight in which more animals or fowl are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;

(f)   Neglect or refuse to supply any animal or fowl with necessary and adequate care; food, drink, air, light, space, shelter and protection from the elements as necessary for health and well-being of such kind of animal or fowl.

(Code 1988)

An owner of harborer of any snake(s) shall keep the snake(s) confined and contained in enclosures having the following dimensions and composition:

(a)   For up to two (2) specimens, the cage shall have a perimeter one and one-half (1 ½) times the length of the longest confined snake. For each additional snake over two (2), the cage floor area shall be increased by twenty-five percent (25%);

(b)   Cages shall be fronted with one-quarter inch (1/4”) thick plexiglass. Ventilation openings shall be covered with one-eighth inch (1/8”) mesh. Cages must be structurally sound and may be constructed of waterproof plywood at least one-quarter inch (1/4”) thick, concrete plastered over wire, sheet metal, fiberglass, or a minimum of one quarter inch (1/4”) thick molded plastic. Construction shall be sturdy and escape proof. Doors are to close securely and be key locked.

(c)   Any person violating or permitting the violation of this section shall, upon conviction, be fined a sum not less than $50.00 nor more than $500.00.

(Ord. 1083)

Notwithstanding any provisions of this Article to the contrary, chickens may be kept and maintained within the city limits, subject to the requirements set forth in this section. For purposes of this section 1-112:

Chicken means an individual animal of the species Gallus gallus domesticus;

Permittee means a person to whom a permit has been issued by the city under this section;

Hen means a female chicken; and

Rooster means a male chicken.

(a)   Permit required. No person shall own, keep, or harbor a chicken within the city limits without a permit issued pursuant to this section.

(b)   Locations permitted. Only persons residing in residential zoning districts shall be eligible for a permit under this section.

(c)   Number allowed. A permittee shall not own, keep, or harbor more than eight (8) hens, unless the permittee’s dwelling is situated upon more than one (1) acre, in which case the permittee shall be allowed to own, keep, and harbor an additional four (4) hens for each full additional one (1) acre of property that is under the permittee’s control and possession.

(d)   Roosters prohibited. It shall be unlawful to own, keep, or harbor a rooster within the city limits.

(e)   Setbacks. Coops and cages housing hens shall not be located within (1) 25’ from the door or window of any dwelling or occupied structure other than the permittee’s dwelling, (2) 5’ of a side or rear yard lot line, (3) a front yard, or (4) 10’ of the permittee’s principal dwelling.

(f)   Enclosures. Hens shall be provided with a covered, predator-proof coop or cage that is well ventilated and designed to be easily accessed for cleaning. The coop or cage shall allow at least two (2) square feet of space per hen. Any coop or cage exceeding 100 square feet in size shall be considered an accessory structure as defined in the city’s zoning regulations and must meet all standards outlined therein. Hens shall have access to an outdoor enclosure that is adequately fenced to contain the birds on the permittee’s property and to prevent predators from accessing the birds. Used materials (reclaimed material) for enclosures must be approved by the city as referenced in the adopted International Residential Code. The use of scrap, waste board, or similar materials is prohibited.

(g)   Sanitation. The coop or cage, and the outdoor enclosure, must be kept in a sanitary condition and free from offensive odors. The coop or cage, and the outdoor enclosure, must be cleaned regularly to prevent the accumulation of waste. All feed, enclosures, and other items associated with the keeping of chickens shall be maintained so as to prevent the attraction and/or accumulation of rats, mice, or other rodents, and infestation of insects and parasites.

(h)   Slaughtering. No person shall engage in the outdoor slaughtering of chickens. The remnants from slaughtering shall be properly disposed of, in accordance with applicable laws.

(i)    Commercial Chicken. The keeping of chickens is allowed for use by the owner, and not for profit. Commercial chicken operations are strictly prohibited.

(j)    Permit applications.

(1)   Each applicant seeking to obtain a permit under this section shall apply for a permit, in writing, on such form as the city clerk may prescribe, and shall pay a non-refundable fee to the city clerk in the amount of $5.00.

(2)   Each application for a permit shall be signed by the applicant, who shall be at least eighteen (18) years old, and request to have approval from the land owners, if applicant is not the property owner:

(A)  The name, address, telephone number, and date of birth of the applicant.

(B)  A description of the location and size of the subject property.

(C)  The number of hens the applicant proposes to keep on the subject property.

(D)  A description and precise dimensions of the coop or cage and outdoor enclosure to be maintained on the subject property, along with a description or depiction of the precise location of the enclosure in relation to the property lines and adjacent properties.

(E)   If the applicant proposes to keep hens in the yard of a multifamily dwelling, the applicant must include a signed statement from all owners and all tenants of the multi-family dwelling, indicating their consent to the applicant’s proposal for keeping hens on the premises.

(F)   Such other information as is required by this chapter or reasonably required by the city to determine the applicant’s eligibility and qualifications for a permit in accordance with the criteria, standards, and qualifications set forth in this section.

(k)   Issuance or denial of permit. The city clerk shall process each valid and administratively complete application for a permit within ten (10) business days. No permit shall be approved for any person ineligible pursuant to the provisions of this section. No permit shall be approved for any person who has been convicted, or who resides with any person in the subject property who has been convicted, of a crime related to maltreatment, mistreatment, neglect, or cruelty to any animal.

(l)    Duration of initial permit; renewal.

(1)   Any permit issued pursuant to this article shall be for a term of the remainder of the calendar year in which the permit is issued. A permit may be renewed by making timely payment of an annual renewal fee in the amount of $5.00 to the city clerk on or before December 31 of each calendar year. If the annual renewal fee is not made during the time provided herein, the permit shall expire on December 31 and a new application shall be required.

(A)  Renewal applications can be approved by the City Clerk unless a written complaint about the chickens was submitted to the city during the year preceding the renewal application

(2)   A permit issued under this section may be revoked or temporarily suspended by the city administrator, or his/her designee, for any of the following reasons:

(A)  A violation of, or failure to comply with, any provision of this section or any other applicable provisions of this code; or

(B)  Any fraud, misrepresentation, or false statement contained in the application for the permit.

(3)   The city governing body may refuse to renew, or may revoke, a permit if

(A)  the premises are being maintained in violation of any applicable law of the State of Kansas, or of the city.

(B)  the premises are being maintained so as to be a public nuisance.

(C)  the premises are being maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(m)  Appeal. Any person aggrieved by the city clerk’s denial of an initial permit application, or a decision of the city administrator to suspend or revoke a permit, shall have the right to appeal such decision to the City Council within ten (10) days after the notice of the action or decision has been mailed to the applicant or the permittee, as applicable. An appeal to the City Council shall be taken by filing with the city clerk a written statement setting forth the grounds for the appeal. An appeal shall be considered by the City Council at a regular meeting to be held within thirty (30) days of receipt of the written appeal. The City Council may affirm, overrule, or modify the decision. Any person aggrieved by the City Council’s decision on appeal may seek judicial review in the manner provided by law.

(n)   Inspection. As a condition of the permit, the permittee agrees to the entry and inspection of any premises, building, enclosure, or other premises where the hens are kept or allowed to inhabit. Such inspection shall be conducted at reasonable times, with or without notice, by such city representatives designated by the city administrator as being responsible for administration of this section.

(o)   Transferability. A permit issued under this section shall not be assignable or transferable under any circumstances from one person to another person.

(p)   Penalty. Any person who shall be convicted of violating any provision of this section shall be punished by a fine of not more than $500.00. Each day that a violation occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation.

(Ord. 2023-05)