For the purposes of this chapter, the following words and phrases shall be defined as follows:

(a)   Bite. Shall mean any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin caused by any animal, and which bite is commonly or may reasonably be presumed to be, contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

(b)   Cattery. Any premise where there is being maintained or harbored a total of more than three (3) cats or more than two (2) unspayed female cats over the age of three (3) months, except veterinary hospitals.

(c)   Domestic Animals. All vertebrate and invertebrate animals, such as, but not limited to cattle, horses, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons and other fowl or wild mammals or birds that have been tamed or domesticated.

(d)   Fowl. All domesticated animals that are included in the zoological class Aves.

(e)   Garbage. The putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food for human beings.

(f)   Harboring. Any person who shall allow any animal to habitually remain or lodge or to be fed within his home, store, yard, enclosure or place of business or any other premise in which he resides or controls, shall be considered as keeping and harboring such animal within the meaning of this chapter.

(g)   Inhumane Treatment. Any person who having charge or custody of an animal, either as owner or otherwise, and inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with necessary food, drink, shelter or protection from the weather; or having the charge or custody of any animal, or abandon it, or carry it or cause it to be carried in or upon a vehicle or otherwise in an unnecessarily or inhumane manner, or knowingly or willingly authorizes it to be subjected to unnecessary torture, suffering or cruelty of any kind.

(h)   Kennel. Any premise where there is being harbored a total of more than four (4) dogs over the age of six (6) months, except veterinary hospitals.

(i)    Person. Any individual, firm, association, joint, stock company, syndicate, partnership or corporation.

(j)    Refuse. All putrescible and nonputrescible waste materials (except animal body discharges) such as trash, garbage, dead animals, cardboard, tin cans, grass, wood, metals, salvage, or inert materials produced or accumulated in connection with the maintenance of domestic animals.

(k)   Running at Large. An animal shall be deemed to be running at large when not confined on the premises of the owner or harborer with a fenced enclosure or animal shelter or under the control of a person, either by lead, cord, leash or chain: Provided, That an animal may be considered confined if on a lead rope or chain which is securely fastened or picketed in a manner which is sufficient to keep the animal on the premises.

(l)    Veterinary Hospitals. A domestic animal hospital operated by a doctor of veterinary medicine licensed by the State of Kansas.

(m)  Vicious Animal. Any animal that has bitten two (2) or more persons during a twelve (12) month period, or if it has inflicted a wound requiring surgical suturing on any person.

(n)   Waste or Wastes. Manure or the body discharge of all domestic animals, spilled feed or unconsumed feed, and liquid cleaning wastes including suspended solids resulting from cleaning operations.

(Code 2023)

The Mayor is hereby authorized to appoint an animal control officer to serve at the Mayor’s pleasure to carry out the provisions of this article.

(Code 2023)

It shall be the duty of any duly appointed animal control officer or police officer to enforce the provisions of this article; and the same are hereby authorized to make whatever investigations and to issue such notices, complaints, citations, orders or directions as are necessary for the enforcement of the provisions of this article. Where one of the above named officers is specifically referred to in any provision of this article, that reference shall be construed to mean any officer authorized to enforce this article.

(Code 2023)

It shall be unlawful for any person to:

(a)   Permit any animal to run at large within the corporate limits of the City. The term “permit”, as used herein, shall be construed to mean the intentional or unintentional failure of the owner or harborer of any animal to insure that said animal does not run at large within the corporate limits of the City.

(b)   Carry out inhumane treatment against any animal. The animal control officer may take charge of any animal found abandoned or clearly showing evidence of cruel neglect upon either private or public property and inspect, care for, treat or transport such animal to a licensed veterinarian for treatment, boarding or other care or, if it appears the animal is diseased or disabled beyond recovery for any useful purpose, for disposition.

(c)   Keep or harbor any animal which by loud, frequent or habitual barking, yowling or other noise or action disturbs any person or neighborhood within the corporate limits of the City.

(d)   Keep or harbor a dangerous or vicious animal within the corporate limits of the City. When it has been determined such an animal is vicious, the animal shall be destroyed upon orders of the animal control  officer or confined in a manner and location approved by the animal control officer. Any person authorized to enforce this article may kill any animal having a vicious or dangerous nature found doing or effecting damage to persons or property outside the premises of the animal’s owner, keeper or harborer.

(e)   Keep or harbor for any purpose, the following animals in any area of the City of Florence: cattle, hogs, sheep, goats, horses, oxen, geese, turkeys, ducks; fur-bearing animals, such as, but not limited to, mink, chinchilla, muskrats, skunks, raccoons, and beavers; and wild fowl or mammals that have been tamed and that are commonly kept out of doors as opposed to inside the house, except for the following:

(1)   The keeping of pigeons and rabbits is not prohibited by this subsection.

(2)   This subsection (e) shall not apply if the owner of said animals or domestic fowl owns, rents, or leases a tract of ground containing three (3) acres or more, and said owner or owners keeps, yards, quarters, or confines the above named animals so long as the keeping, quartering, yarding, or confining thereof does not constitute a public nuisance as defined by State Statute and/or the ordinances of the City of Florence; Provided further, that the owner of said animals or domestic fowl obtains written consent to keep, yard, quarter or confine said animals or domestic fowl from residents who house is within three hundred feet (300’) of where said animals or domestic fowl are quartered or confined; and that said written consent shall be subject to revocation by the resident(s) at anytime; and that a copy of said consent shall be filed with the office of the City Clerk.

(3)   The keeping of female chickens shall be permitted subject to the following limitations: Provided, That the keeping of said chickens shall be in conformance with all provisions of Section 2-109. It is further provided that the maximum number of chickens allowable under this paragraph shall in no case exceed twelve (12), and shall be fenced and confined, and that the keeping of roosters is expressly prohibited. Failure to comply with the requirements stated herein shall cause the forfeiture of any and all rights to harbor chickens. Nothing stated or implied in this paragraph shall exempt persons from complying with all provisions of applicable ordinances, and all applicable city, county and state, health, sanitation and zoning laws.

(f)   This section does not preclude temporary keeping of prohibited animals for purposes of demonstrations, livestock shows, or exhibitions involving domestic animals maintained on any premises or in any building or structure under the jurisdiction of the City of Florence.

(g)   Interfere or molest any dog used by the police department or the City in the performance of the functions or duties of such department.

(h)   Keep or harbor a dog over six (6) months of age within the corporate limits of the City without securing an annual dog license as required by this chapter and without the dog having a vaccination against rabies effective for the entire period of time for which the license is issued; Provided, That vaccination may not be required if the owner of the dog shall exhibit to the City Clerk a statement from a veterinarian certifying that the vaccination would be injurious to the dog due to its health.

(i)    Aid, abet or encourage any dog to attack or fight any other dogs; or by words, signs or otherwise set on or encourage any dog to attack or chase any human being not engaged in a malicious or criminal act; or keep or harbor any dog and knowingly permit the dog to fight without endeavoring to prevent the same.

(j)    Permit any dog to enter any theater, store, or other public building in the City, whether accompanied by its owner or person in charge or otherwise, except in the case of a person legally blind who has charge of and is accompanied by a seeing eye dog or except in the case of a person who is deaf and who has charge of and is accompanied by a hearing dog, as defined by state statutes. This section shall not apply to the operator of a pet shop or related business.

(k)   Break or train any horse or other animal, except dogs and cats, on any street, sidewalk or other public place within the corporate limits of the City.

(l)    Picket any horse, cow or other animal on any street, sidewalk or other public place within the corporate limits of the City, with the exception of fairs, parades and other official events.

(m)  Kill any squirrel or song bird within the corporate limits of the City; Provided, That it shall be permissible for any police officer to kill squirrels, skunks or birds that have become so numerous as to cause destruction or nuisance to property or in the event of disease occurring among such squirrels, skunks or birds that may be considered contagious to human beings.

(n)   Keep or harbor bees: Provided, That bees may be harbored on any property during the months from November through March.

(o)   Sell, or offer for sale, barter, or give away living chicks, rabbits, ducklings or other fowl, except pigeons, except by persons engaged in operating hatcheries with proper brooder facilities with the intent of selling such animals and fowl for recognized animal husbandry purposes. Nor shall any person offer for sale, barter or give away any animal or fowl that has been dyed, colored or treated so as to impart to them an artificial or unnatural color.

(p)   Permit any animal, whether or not tethered or otherwise restrained, to have access to public walkways or street ways so as to impede safe pedestrian or vehicular traffic.

(Code 2023)

The enforcing officer may go upon any property, either public or private, to take any animals in violation of this chapter; except no officer is authorized to go upon the private property of the animal’s owner or harborer to take possession of an animal that was running at large or where a license has not been secured for the animal as required by this article. The enforcing officer shall take any animal violating the provisions of this chapter or any dog or cat without a license or any animal that has bitten a person or another animal or any animal suspected of having a disease transmittable to human beings may be taken and/or impounded without the necessity of filing a complaint against the owner or harborer. In the event said animal is taken in possession of the animal control officer.

(a)   The animal may be impounded in a veterinary hospital or other designated facility. Where the animal is identifiable by tag, the animal control officer shall notify the owner or harborer by telephone or in person. If the animal is not identifiable by tag, no notice is required.

(b)   The animal shall be impounded for a period of three (3) business days with the period of time beginning at the time of impoundment, subject however, to the conditions as set forth in Section 2-107.

(c)   If an animal is impounded, except with respect to an animal impounded for injury to humans or other animal, the owner or harborer may reclaim the animal by paying all costs of care during the impoundment period, payable to the person or agency holding the animal; HOWEVER, no animal which is required to be licensed by the City shall be released to the owner or harborer until proof of vaccination for rabies is provided and a license for the animal obtained from the City Clerk.

(d)   All animals not claimed within the period above provided may be sold, given away or destroyed.

(e)   All animals impounded for reasons of suspected disease may be reclaimed by their owner after evaluation and treatment by a veterinarian who shall certify the release of the animal: Provided, That boarding fees, veterinarian fees and permit fees, where required are paid; or may be destroyed at the direction of the owner.

(Ord. 773; Code 2023)

In addition to or instead of impoundment of the animal, a police officer or the animal control officer may:

(a)   If the offense is that the animal is running at large or has no valid license and it is not more than the second offense in the last 3 years of any kind regarding such animal, such officer may issue a notice to  the owner or harborer of the animal that he is in violation of the applicable section. The notice may be delivered in person to the owner or harborer or mailed by certified mail to such person, that the animal has been impounded and is being held at the City Kennel and the notice shall assess upon the animal owner or harborer a payment of $75.00 for the 1st offense to be paid to the City the next business day, a 2nd offense will be subject to payment of $100.00 to be paid the next business day to the City, and a 3rd offense will be subject to payment of $150.00 to be paid the next business day. All payment and license fees shall be paid to the City before the dog is released to the owner or harborer. The third offense shall result in the animal being automatically transported to the nearest veterinarian facility. Failure to make such payment shall render the owner subject to the provisions of subsection (b), and he or she shall be entitled to a Court hearing.

(b)   If the offense is more than a second offense (as contemplated in subsection (a) above) relating to such animal; or if the violation is other than that of running at large or failure to have a valid license; or if the owner or harborer does not voluntarily pay the sum as set out in subsection (a), the officer may file a complaint or citation alleging the violation of the specific provisions of the code of the, and upon conviction of the offense, the Court may impose the penalties set out in Section 2-112.

(Ord.773; Ord. 831; Code 2023)

The chief of police shall report all animal bite cases coming to his attention from hospitals or other sources to the animal control officer. The police officer or animal control officer in the course of his duties of investigating cases in which animals have bitten a person or other animal shall immediately notify the owners or harborers of the animal to surrender it for immediate impoundment in a veterinary hospital. In the event the owner or harborer of the animal is not available or is unknown, the police or animal control officer shall cause the animal to be impounded. The period of impoundment shall be not fewer than ten (10) days after the biting of a person or other animal, during which time a veterinarian shall determine whether or not the animal is suffering from any disease; and, in the event it is not, the animal control officer shall authorize the release of the animal upon payment by the owner or harborer of the boarding fees therefor. The animal control officer may authorize the owner or harborer of an animal that has bitten a person or another animal to keep the animal on the owner’s or harborer’s premises; Provided, That the owner or harborer produces a current dog license and/or rabies vaccination certificate showing that the animal has been vaccinated for rabies not more than thirteen (13) months prior to the bite incident.

(Code 2023)

Rules and regulations pertaining to registration, vaccination, the licensing of dogs and cats; fees for such shall be as follows:

(a)   Registration; Dog Tag or Cat Tag. It shall be the duty of the owner or harborer of any dog or cat to register it with the City Clerk who shall issue a receipt therefore in the form of a tag of metal or other durable material stamped or engraved with the registration number and the year of registration, which tag shall be attached to a suitable collar and kept on the dog or cat at all times: Provided;

(1)   That this section does not apply to dogs under 6 months of age.

(2)   That this section does not apply to cats under 3 months of age.

(b)   Vaccination. Any person applying for a license for a dog or cat shall be required to present the City Clerk at the time of making application a certificate issued by a licensed veterinarian showing that the dog or cat has been vaccinated or inoculated with a recognized anti-rabies vaccine and showing that the inoculation will be effective for the entire period of time for which the license is issued; Provided;

(1)   That this requirement shall not apply to any dog under the age of 6 months.

(2)   That this requirement shall not apply to any cat under the age of 3 months.

(c)   License Fees. There is hereby levied an animal fee upon the owner or harborer of each dog and cat within the corporate limits of the City as follows:

(1)   Each neutered male or spayed female. A certificate of spaying or neutering signed by a licensed veterinarian must be presented when paying the fee to receive the lower rate.

(A)  Dogs - $5.00

(B)  Cats - $5.00

(2)   For each unneutered male or unspayed female.

(A)  Dogs - $8.00

(B)  Cats - $10.00

The license fee herein levied shall cover the period from January 1 through December 31 or part thereof each year. The license fee shall be due and payable on January 1 of each year. If the license fees are not paid within 30 days of the due date, a penalty of $10.00 shall be added. Provided, that new residents of the City or persons acquiring a dog or cat and owning a dog or cat that attains the age of registration after March 1 of any year shall have 30 days in which to register the dog at the regular fee. If such license fees are not paid within the time herein provided, a penalty of $10.00 shall be added.

(Ord. 773; Code 2023)

The following minimum environmental health standards shall be observed and followed by persons subject to the terms of this chapter.

(a)   It shall be unlawful for any person owning, occupying, maintaining or controlling any yard, pen, room, building, or any other place where animals, fowl, birds or game are harbored to allow such place to become unsanitary, offensive, unwholesome, or annoying to the neighborhood or to allow any decayed, putrid or offensive matter to accumulate therein.

(b)   All animal pens and yards shall be located so that adequate drainage is obtained, normal drying occurs and standing water is avoided.

(c)   All premises on which animals are kept shall be subject to inspection by the animal control officer or his representative. If the animal control officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he shall notify the owner or keeper of the animal or animals in writing to correct the sanitation deficiencies within twenty-four (24) hours after notice is served on him. Any person failing to comply with the requirements of the animal control officer shall be guilty of a misdemeanor as provided for in Section 2-112.

(d)   Collected fecal material and solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant, or by proper dispersal on land used for agricultural purposes.

(e)   Grain or protein feed shall be stored in tightly covered, rodent-proof metal containers or rodent-proof bins.

(f)   Premises subject to the terms of this chapter shall be maintained free of rodent harborage, such as improperly stored materials, enclosed partition walls, and wooden floors closer than twelve inches (12”) to the ground.

(g)   Use shall be made of an anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.

(h)   Use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.

(i)    Garbage shall not be fed to fowl.

(j)    Refuse shall be stored in proper containers or in a manner approved by the health officer and disposed of at least once each week or as frequently as may be required by the health board.

(k)   Holding lots, pens and floors of sheds and buildings where four (4) or more domestic animals are held shall be surfaced concrete or asphaltic materials and the drainage system of such surface area shall include proper retaining walls and traps to control the waste from draining into water courses and such drainage system shall be subject to the approval of the health officer: Provided, That the health officer may waive this standard for domestic animal holding operations where such animal holding is not longer than twenty-four (24) hours for any domestic animal involved or where dirt lots are more appropriate for the proper care of cattle, horses or sheep: Provided further, That solid wastes accumulated from the cleaning of domestic animal shelters shall be stored on concrete slabs or other facilities such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the health officer and all solid wastes shall be properly disposed of at least once each week or less often as may be required by the health board.

(Code 2023)

The animal control officer shall report to the Mayor in the event a potential outbreak of rabies is suspected in the dog or cat population. If the Mayor concurs with the animal control officer that the danger of the public safety from rabid animals is reasonable imminent, the Mayor is hereby authorized and it shall be the Mayor’s duty to issue a quarantine proclamation ordering persons owning, keeping or harboring any dog or cat to muzzle the same or to confine it as herein provided for such times as may be specified in such quarantine proclamation. All dogs, cats or other animals found at large during the time specified by the mayor in his quarantine proclamation without being properly confined or muzzled may be destroyed by any officer of the City under procedures established by the animal control officer.

(Code 2023)

Properly licensed veterinary hospitals are excluded from the provisions of the chapter.

(Code 2023)

Any person who shall be convicted of violating any provisions of this chapter shall be deemed guilty of a Class “B” misdemeanor and shall be punished by a fine of not more than Two Hundred Dollars ($200.00) or by confinement in the county jail for a period not exceeding sixty (60) days or by both such fine and confinement. Each day that a violation of this chapter occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation.

(Code 2023)

 

This chapter shall not apply to a licensed veterinarian engaged in the business of treating and doctoring animals at said business establishment in the City of Florence.

(Prior Code 2-201; Code 2023)