P.O. Box 667 • Goddard, KS 67052 • (316) 794-2441
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February 2011
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Chapter 2 Animal Control Regulation
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CHAPTER II. ANIMAL CONTROL AND REGULATION

Article 1. General Provisions
Article 2. Dogs and Cats
Article 3. Dangerous Dogs
Article 4. Horses
Article 5. Exotic Animals
Article 6. Penalty

ARTICLE 1. GENERAL PROVISIONS

  • DEFINITIONS. For the purposes of this chapter, the following words and phrases shall mean:
    • "Abandon" includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.
    • "Animals" means any vertebrate or invertebrate organism of the kingdom Animali, such as but not limited to dogs, cats, bovine cattle, horses and other equines, buffalos, bison, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated, except man.
    • "Animal Shelter" means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.
    • "At-large" means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be at-large.
    • "Bite" means any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.
    • "Cat" means an animal which is wholly or in part of the species Felis domesticus.
    • "Dangerous Animal" or "Vicious Animal" means any animal deemed to be dangerous or vicious per section 2-301
    • "Dog" means any animal which is wholly or in part of the species Canis familiaris.
    • "Domestic Animal" means a dog, cat, cow, swine, sheep, goat, domesticated deer, llama, poultry, domesticated rabbit, horse, pony, mule, jenny, donkey or hinny.
    • "Euthanize," "Destruction" or "Destroy" means the humane destruction of an animal, which may be accomplished by any of those methods provided for in K.S.A. § 47-1718 and amendments thereto.
    • "Fowl" means all animals that are included in the zoological class ayes, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.
    • "Harbor" means to allow a dog to habitually remain on, or to be lodged or fed on a premises over which a person has control. "Harboring" shall include but not be limited to dogs actually owned by the person having control of the premises.
    • "Humane Live Animal Trap" means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.
    • "Immediate Control" means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
    • "Livestock" includes, but is not limited to cattle, horses, goats, sheep or other animals commonly regarded or used as farm or ranch animals.
    • "Neutered" means the process by which a male cat or dog has been permanently rendered sterile.
    • "Own" means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.
    • "Owner" means the one who owns, or his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in subsection (q) above.
    • "Person" means any individual, association, partnership, corporation or other entity.
    • "Secure Enclosure" means a fence of not less than Four Feet (4') in height which is so constructed and maintained to insure that a dog cannot pass through or under it.
    • "Spayed" means the process by which a female cat or dog has been permanently rendered sterile.
    • "Vaccination" means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies or other disease.
    • "Veterinarian" means a doctor of veterinary medicine licensed by the State of Kansas. (Ord. 496; Code 2001)
  • ANIMAL CONTROL OFFICER. Any commissioned law enforcement officer and any person employed by the city as an animal control officer and commissioned by the Chief of Police of the city shall have such powers and authority as allowed by law in the enforcement of this chapter. All animal control officers shall be subject to the supervision and direction of the Chief of Police of the city. (Code 2001)
  • SAME; DUTY TO IMPOUND. Except as provided in 2-104, it shall be the duty of each commissioned law enforcement officer and any animal control officer to take up and impound all animals found in the city in violation of the provisions of this chapter. (Code 2001)
  • SAME; CITATION ALTERNATIVE. As an alternative to the provisions of 2-103, any law enforcement officer or animal control officer may issue a citation to the owner, harborer or keeper of an animal in violation of this chapter, and the person receiving the citation shall, at the next scheduled municipal court date, appear in the municipal court for the City of Goddard to answer the charged violation of this chapter. (Code 2001)
  • SAME; CAPTURE/DESTRUCTION. When deemed necessary by a law enforcement officer or animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:
    • Place a humane trap on public or a requesting resident's property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city;
    • Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety.
    • Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in section 2-301 et seq., or any animal creating a nuisance as defined in section 2-110, where such animal is impossible or impractical to catch, capture or tranquilize. (Code 2001)
  • SAME; RIGHT OF ENTRY; UNLAWFUL INTERFERENCE.
    • Any law enforcement officer or animal control officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this chapter.
    • It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties. (Code 2001)
  • MUNICIPAL POUND ESTABLISHED. A municipal pound shall be established to carry out the provisions of this chapter. All services required herein, including the actual establishment of the pound, may be provided by a contractor. When so contracted, the pound shall have the following services and facilities as a minimum:
    • Adequate pickup and impounding of all stray and ownerless dogs and cats and animals otherwise in violation of the provisions of this chapter.
    • Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter.
    • Individual isolation facilities for sick, biting, rabid and suspected rabid animals.
    • Facilities for the humane destruction of animals. (Code 2001)
  • BREAKING POUND.
    • It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an authorized officer of this city any animal taken up by him or her under the provisions of this chapter, or in any manner interfere with or hinder any authorized officer or employee of this city in catching, taking up, or impounding any animal.
    • It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed, or interfere in any way with the care of impounded animals. (Code 2001)
  • CRUELTY TO ANIMALS. It shall be unlawful for any person to:
    • Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, dub or other object; mutilate, poison, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;
    • 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;
    • Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as provided in section 2-108.
    • Sell or offer for sale, barter, giveaway, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl 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. 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 fowls for recognized animal husbandry purposes;
    • Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;
    • Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal.
    • Abandon or leave any animal in any place without making provisions for its proper care;
    • These provisions shall not apply to the exceptions sanctioned under section 2-108.

In addition to the penalties provided in section 1-116 of this code, the municipal court judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible. (Code 2001)

  • SAME; EXCEPTIONS. The provisions of section 2-107 shall not apply to:
    • Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care;
    • Bona fide experiments carried on by commonly recognized research facilities;
    • Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated;
    • Rodeo practices accepted by the rodeo cowboys' association;
    • The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or by an authorized agent such as a licensed veterinarian, at the request of the owner;
    • The humane killing of an animal by the animal control officer, a public health officer or a law enforcement officer in the performance of his or her official duty;
    • The humane killing of an unclaimed animal after three full business days following the receipt of such animal at a municipal pound or an incorporated humane society shelter by the owner, operator or authorized agents of such establishments. (Code 2001)
  • ANIMAL TRAPS. It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals. (Code 2001)
  • NUISANCE; ANIMAL ACTIVITIES PROHIBITED. It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute a nuisance. For the purpose of this section, nuisance is defined as any animal which:
    • Molests or interferes with persons in the public right-of-way;
    • Attacks or injures persons, or other domestic animals;
    • Damages public or private property other than that of its owner or harborer by its activities or with its excrement;
    • Scatters refuse that is bagged or otherwise contained;
    • Causes any condition which threatens or endangers the health or wellbeing of persons or other animals.

If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath. (Code 2001)

  • NOISY ANIMALS. No person owning or harboring any animal shall allow such animal to continuously bark, howl, yelp, mew, roar or screech so as to unreasonably disturb the peace of any other person. Violation of this section shall be punishable by a fine of not more than One Hundred Dollars ($100.00) or imprisonment of not more than Thirty (30) days, or both such fine and imprisonment. (Code 2001)
  • DEFECATION ON PRIVATE OR PUBLIC PROPERTY. No person owning or harboring any dog or livestock shall permit such animal to defecate on any private property owned by another person or on any public property.
    • That in the event any such animal shall defecate on private property which is owned by another person or on public property, the person owning or harboring such animal shall immediately remove said feces and dispose of said feces by burial on property owned by the person who owns or harbors the animal or in a container normally used for disposal of trash or rubbish by the person who owns or harbors the animal.
    • The provisions of ths section shall not apply to defecation on any public street by any animal while such animal is involved in any parade which is conducted by or under a permit from the City of Goddard, Kansas.
    • Violation of this section shall be punishable by a fine of $25.00. (Code 2001)
  • 2-115 ANIMAL CONFINES; SHELTERS.
    • It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor, and devoid of rodents and vermin.
    • Excrement shall be removed at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
    • All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
    • All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.
    • Barbed wire fences and electrically charged fences shall not be permitted for animal confines except on properties for which an agricultural classification permit is held or where the barbed wire fence or electrically charge fence is protected by an exterior fence.
    • All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public health official. If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected. (Code 2001)

  • 2-116   SAME; STOCKYARDS, COMMERCIAL HOLDING PENS, LIVESTOCK & FOWL

    1. On or after July 7, 2003, animal shelters owned or operated as a stockyard or commercial holding pen shall not be permitted within the city limits of the City of Goddard, Kansas.

    2. On or after July 7, 2003, it shall be unlawful for any person to keep within the city limits of the City of Goddard, Kansas, any livestock as defined by Section 2-101(o) of the City Code of the City of Goddard, Kansas, including, but not limited to cattle, horses, goats, sheep, chickens, geese, ducks, turkeys, guineas or any other animal commonly regarded as farm or ranch animals, but shall not include fowl kept indoors commonly kept as household pets, including, but not limited to, parakeets, parrots, and other exotic bird species.

    3. Nothing in subsection (a) above shall be deemed to prohibit the operation of stockyards or commercial holding pens existing within the city limits of the City of Goddard, Kansas prior to July 7, 2003.

    4. Animal shelters owned or operated as a stockyard or commercial holding pen within the city limits of the City of Goddard, Kansas, which existed prior to July 7, 2003, shall be adequately maintained and cleaned as often as is necessary, as determined by the health officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:

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

      2. Grain or protein feeds shall be stored in tightly covered rodent-proof metal containers or rodent-proof bins;

      3. Premises subject to the terms of this section shall be maintained free of rodent harborage and in accordance with sections 8-601 to 8-608 of this code;

      4. Wherever reasonable, use shall be made of anti-coagulant rodenticide for the control of rodents and organo-phosphorous insecticides for the control of flies or any other effective chemical means for the control of rodents and flies;

      5. Wherever reasonable, use shall be made of soil sterilant and herbicides or other effective means for the control of weeds and grass around structures and buildings;

      6. Enclosures including fences where animals such as horses, cows, sheep and goats are maintained shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent such animals from breaking out, escaping or causing hazards to persons or property;

      7. Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms  of this chapter shall be surfaced with concrete or asphalt materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the health officer.  The health office shall waive this standard for domestic animal holding operations where such holding in longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses, sheep or goats;

      8. Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by person subject to a commercial, industrial or agricultural permit according to the terms of this chapter 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; provided that all solid waste shall be properly disposed of at least once each calendar week or as approved by the health officer. (Ord. 583, Code 2003)

  • 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 officer, 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. (Code 2001)
  • IMPOUNDMENT OF RABIES SUSPECTS.
    • Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in the city pound, securely penned and separated from other animals, or in a veterinary hospital or animal care facility for a period of not more than 30 days during which time the local health officer shall determine whether or not such animal is suffering from a disease and, if not, the local health officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The health officer may authorize the keeping of any such animal on the owners premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner. If in the opinion of the local health officer symptoms develop justifying a microscopic examination, then the animal shall be killed and examination made by the state board of health.
    • In lieu of the provisions of subsection (a), the owner of any such animal may, at his or her own expense, take such animal to any duly qualified and licensed veterinarian in the city for observation. Such veterinarian shall report his or her findings in writing to the local health officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be turned over to the animal control officer or any law enforcement officer to be killed and examination made by the state board of health.
    • Any animal desired for observation by the local health officer under this section shall be delivered to the animal control officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of this code. Upon refusal of any person to so deliver such animal, the municipal judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal. (Code 2001)
  • ANIMALS BITTEN BY RABID ANIMALS. Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer and/or the police department. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:
    • The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and
    • If the bitten animal has a current vaccination, it shall be confined for 90 days; and
    • The bitten animal shall be released from confinement only upon written order from the local health officer, who declares the animal to be free of rabies; and
    • If the animal is found to have contracted rabies during confinement, it shall be properly disposed of. (Code 2001)
  • VEHICULAR ACCIDENTS INVOLVING ANIMALS. Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the animal control officer or any law enforcement officer. (Code 2001)
  • EMERGENCY; PROCLAMATION. The mayor is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any police officer, or the animal control officer of the city. The owner of such animal shall be prosecuted for such violation thereof. (Code 2001)

ARTICLE 2. DOGS AND CATS

  • VACCINATION OF DOGS AND CATS REQUIRED;
    • It shall be unlawful for the person owning or harboring any dog or cat over six months of age to fail to maintain effective rabies immunization of such dog or cat. For purposes of this ordinance an immunization against rabies shall be considered effective for one (1) Year from the date of immunization.
    • It shall be unlawful for the person owning or harboring any dog or cat kept within the City of Goddard to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog within the immediately preceding one year period, when requested to do so by the animal control officer or any law enforcement officer. (Ord. 496; Code 2001)
  • REGISTRATION OF DOGS REQUIRED.
    • Every person owning or harboring any dog over six months of age shall annually register with the City Clerk his or her name and address with the name, sex and description of each dog owned and kept within the City of Goddard.
    • It shall be unlawful for any person owning or harboring any newly acquired dog or any dog brought into the City of Goddard to fail to register such animal within thirty (30) days from acquisition or bringing the dog into the City. It shall be unlawful for any person owning or harboring any previously registered dog to fail to maintain current registration of such dog.
    • Upon registration, the person owning or harboring such dog shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document.
    • If the certificate of immunization shows that such dog was last immunized against rabies more than six (6) months before the date of registration, the person owning or harboring such dog shall, within thirteen (13) months of the date of the immunization which was in effect at the time of registration, present to the City Clerk a certificate evidencing re-immunization of such dog against rabies. Failure to present such a certificate of re-immunization within the time allowed shall be a violation of this ordinance.
    • The person owning or harboring any dog shall, at the time of registering such dog, present to the City Clerk a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog has been neutered or spayed.(Ord. 496)
  • SAME; FEE.
    • The City Clerk shall collect an annual registration fee of $5.00 for each neutered male dog and for each spayed female dog, and $10.00 for each unneutered male dog and for each unspayed female dog.
    • The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before March 1st of each year without penalty. The fee shall be reduced by half (½) for dogs acquired after July 1st of each year and for dogs owned by a person or persons moving to and establishing a home within the City of Goddard after July 1st of each year. Every person owning or harboring a dog or dogs who fails to register the same prior to the 1st day of March of each year, shall pay in addition to the registration fee herein provided, a penalty fee for late registration of $5.00.
    • The registration fee shall not be refundable.
    • The City Clerk shall waive the registration fee for any dog trained to assist the visually or audibly impaired when that dog is actually owned and used to assist a visually or audibly impaired person. (Ord. 496)
  • ISSUANCE OF DOG TAGS. It shall be the duty of the City Clerk or designated agent, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the person owning or harboring the dog, the number of the registration and the amount paid therefor, and shall deliver to the person owning or harboring the dog a receipt in writing, showing that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the person owning or harboring the dog a tag with the registration number and the registration year thereon. (Ord. 496)
  • SAME; AFFIXING. When a tag is issued pursuant to subsection (a) of this section, the person owning or harboring the dog, shall attach said tag to the collar of the dog so registered. (Ord. 496; Code 2001)
  • SAME; NOT TRANSFERRABLE. Dog tags shall not be transferrable. (Ord. 496)
  • SAME; LOST TAG. When any tag has become lost during a registration period, the person owning or harboring the dog may request a duplicate tag for the remainder of the registration period. When so requested, the City Clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon the payment of a $1.00 fee. (Ord. 496)
  • SAME; REMOVAL. It shall be unlawful for any person to take off or remove the city registration tag from any dog belonging to another, or remove the strap or collar on which the same is fastened. (Ord. 496)
  • SAME; COUNTERFEIT TAG. It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof. (Ord. 496)
  • VISITING DOGS. No registration shall be required of a dog owned by any person visiting or temporarily remaining within the City of Goddard, if said dog remains within the City of Goddard for less than 30 days. However, any such dog shall be kept under restraint by the person owning or harboring thereof at all times. (Ord. 496; Code 2001)
  • DOGS PROHIBITED FROM RUNNING AT LARGE; FINE.
    • It shall be unlawful for the person owning or harboring any dog to permit such dog to run at large within the City of Goddard at any time.
    • Any dog running at large within the City of Goddard shall be impounded as set out in 2-212;
    • The person owning or harboring any dog impounded for running at large without the tag required by 2-202, et seq., shall, for the first offense, pay a fine of not less than $50.00 nor more than $300.00, plus the board bill, plus the impoundment fee, plus the applicable license fee;
    • For the first offense of a dog running at large with a tag as required by 2-202, et seq., the person owning or harboring such dog, shall, in addition to presenting a registration receipt, pay the cost of the board bill, plus the impoundment fee. For a second offense within a one year period, the person owning or harboring such dog shall pay a fine of not less than $50.00 nor more than $300.00 plus the board bill, plus the impoundment fee. For a third and all subsequent offenses within a one year period, the person owning or harboring such dog shall pay a fine of not less than $75.00 nor more than $300.00, plus the cost of the board bill, plus the impoundment fee. (Ord. 496; Code 2001)
  • IMPOUNDMENT. Any dog found in violation of the provisions of the ordinances of the City of Goddard, shall be subject to impoundment by the City of Goddard. (Ord. 496)
  • SAME; RECORD. A record of all dogs impounded shall be kept by the City of Goddard containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment. (Ord. 496)
  • SAME; NOTICE.
    • If the dog impounded has a current registration tag attached to its collar or if the impounding officer knows the identity of the person owning or harboring such dog, the person owning or harboring such dog, as shown by the records of the City Clerk shall be notified in writing as soon as possible, but at least 48 hours before such dog is disposed of by destruction or sale. If, at the end of five days the City Clerk has been unable to locate the person owning or harboring such dog, or the person owning or harboring such dog, upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.
    • If the dog impounded has no current registration tag and the identity of the person owning or harboring such dog is unknown to the animal control officer or the impounding law enforcement officer then such impounding officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal has been taken up, describing the same with the date and place of taking, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this ordinance. If within three full business days the person owning or harboring such dog does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of. (Ord. 496)
  • SAME; REDEMPTION.
    • If at any time before the sale or destruction of any dog impounded under the provisions of this ordinance, the person owning or harboring an impounded dog does appear and redeem the dog, it shall be turned over to the person claiming it upon payment of any impoundment fees or penalties plus the actual costs of impoundment and boarding, and upon compliance with the registration provisions of this ordinance.
    • No dog impounded may be released without a current rabies vaccination and a current registration. (Ord. 496)
  • SAME; MINIMUM FEE. The minimum impoundment fee shall be $10.00. (Ord. 496)
  • SAME; PROSECUTION AND CONVICTION.
    • Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this ordinance for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced hereunder.
    • The redemption of any dog impounded for a violation of any provision of this ordinance shall be prima facie evidence of the violation of such provision by the person redeeming the dog. (Ord. 496)
  • DISPOSITION OF UNCLAIMED DOGS. If any dog is not redeemed by the person owning or harboring it within the time allowed for redemption as specified in 2-214, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year. (Ord. 496; Code 2001)
  • CONFINEMENT OF DOGS IN HEAT. Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain voluntary access to the confined animal except for purposes of planned breeding. Any dog that is in the state of estrus (heat) and that is not properly confined, or any such dog that is creating a neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the person owning or harboring said dog. The person owning or harboring a dog removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement. (Ord. 496)
  • NUMBER OF ANIMALS. It shall be unlawful to, in one household, keep a combined total of dogs and cats in excess of Five (5). The total number of dogs and cats in one household shall not exceed Three (3) animals of either species For purposes of this section, dogs and cats less than Six (6) months of age shall not be included in the total number of dogs and cats allowed, provided that no more than one litter of puppies and one litter of kittens shall be maintained in one household at any one time. (Ord. 496; Code 2001)
  • PERMITTING ATTACK PROHIBITED. No person who owns, possesses, harbors or exercises control over any dog shall do any of the following:
    • Permit the dog to attack or bite any person or domestic animal not on the premises of such owner, possessor or keeper;
    • Permit the dog to attack or bite any person or domestic animal upon the premises of any business establishment that is open to the public. (Ord. 469)

ARTICLE 3. VICIOUS AND DANGEROUS ANIMALS

  • VICIOUS ANIMALS; DEFINITION. For purposes of this chapter a vicious animal shall include:
    • Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
    • Any animal which has bitten or attacked more than one person or domestic animal, except that it shall be a defense to such a finding that the person or animal so bitten was trespassing on the property of the person who owns or harbors such dog at the time of the bite or attack; or
    • Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;
    • Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.
    • As used in this article vicious propensity means a known tendency or disposition to approach any individual or domestic animal in an attitude of attack when there is no provocation. (Ord. 469; Ord. 496; Code 2001)
  • SAME; ILLEGAL TO KEEP. It shall be unlawful for any person to keep or harbor any vicious or dangerous animal within the City of Goddard. (Ord. 496; Code 2001)
  • SAME; COURT DETERMINATION.
    • Whenever a sworn complaint is filed in the municipal court against the owner of an animal alleging that such animal is vicious and in violation of this section, the municipal judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this section and thereby in violation of this section. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In determining whether an animal is vicious, the municipal judge shall consider:
      • The seriousness of the attack or bite;
      • Past history of attacks or bites;
      • Likelihood of attacks or bites in the future;
      • The condition and circumstances under which the animal is kept or confined;
      • Any other factor which the court determines is reasonably related to whether or not the animal is vicious.
    • The municipal judge shall order the impoundment of the animal accused of being in violation of this section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment is not possible the municipal judge may order the animal immediately destroyed. (Code 2001)
  • SAME; IMMEDIATE DESTRUCTION. Nothing in this chapter shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner. (Code 2001)
  • SAME; RELEASE OF ANIMAL. If a complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. The municipal judge may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section. (Code 2001)


ARTICLE 4. HORSES

  • RESTRICTING THE USE OF HORSES. Other than within the boundaries of his or her own property, no one shall permit or allow a horse owned by him or her to run at large within the city limits. For the purpose of this article, run at large shall mean being allowed to move about free from any restraint or control. Any person violating this section shall be deemed guilty of a misdemeanor. (Ord. 231)
  • SAME; RIDING WITHIN CITY LIMITS. No one shall be permitted to ride or lead a horse within the city limits except on the improve portion of the public streets. Provided that any horse being so ridden or led on the improved portion of the public streets shall be ridden or led in a manner to avoid interference with vehicular traffic lawfully proceeding on the same roadway. Any person violating this section shall be deemed guilty of a misdemeanor. (Ord. 231)
  • SAME; PENALTY. Any person found guilty of violating either sections 2-401 or 2-402 shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $100 or a jail sentence not to exceed 30 days or by both such fine and imprisonment. (Ord. 231)


ARTICLE 5. EXOTIC ANIMALS

  • DEFINITIONS
    • "Applicant" means a person at least eighteen (18) years of age who has filed a completed application to keep inherently dangerous animals, that has not yet been acted upon by the Governing Body.
    • "Approved location" means a location which has been continuously used for the purpose of keeping or harboring at least one inherently dangerous animal, beginning an a date which is One Hundred Eighty (180) Days prior to being annexed into the City of Goddard, Kansas, and which is inspected and approved by the U.S. Department of Agriculture pursuant to an Animal Welfare License, subject to the provisions of this ordinance.
    • "At large" means the act of an animal which constitutes:
      • Being off the property of the owner; and/or
      • Not being effectively physically restrained on a chain or leash, or not being kept in a suitable fence, or not being otherwise physically restrained in a manner from which the animal cannot escape; or
      • In the case of an inherently dangerous animal, not being properly restrained as required by Sec. 4 b. 1) m) and Sec. 4 c. 1) l) of this ordinance.
    • "City of Goddard" means that area which is within the corporate limits of the City of Goddard, Kansas, whether at the time this ordinance is enacted or subsequently annexed.
    • "Completed license application" means an inherently dangerous animal license application form that is submitted with all required information and that is accompanied by all required documents.
    • "Enclosure" means a fence, cage or structure which forms an enclosed area intended to prevent the entry of members of the public into such enclosure, and intended to confine an inherently dangerous animal. Such enclosure shall be designed to prevent an inherently dangerous animal from escaping from the enclosure and shall have a secure top attached to all sides and one or more of the following:
      • The sides shall be embedded or buried two (2) feet into the ground;
      • The sides must be secured into a concrete pad or slab; or
      • The sides must be securely attached to a wire bottom.

Such enclosure shall be locked and shall provide adequate lighting and shelter from the elements and shall be kept in a clean and sanitary condition.

Enclosures for inherently dangerous animals shall be subject to more stringent requirements as set forth herein.

    • "Fowl" means all animals that are included in the zoological class Ayes.
    • "Governing Body" means the Governing Body of the City of Goddard, Kansas
    • "Harbor" means to keep, to maintain, to have in ones possession, to have under ones control or to allow any animal to habitually remain or lodge or to be fed or to be given shelter or refuge within a persons home, store, yard, enclosure, outbuilding, abandoned vehicle or building, place of business, property or any other premises which a person owns, has possession or control of or on which the person resides.
    • "Inherently dangerous animal" means an inherently dangerous mammal and/or an inherently dangerous reptile.
    • "Inherently dangerous mammal" is any live member of the canidae, felidae, or ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans. For purposes of this definition:
      • "Canidae" includes any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis familiaris).
      • "Felidae" includes any member of the cat family weighing over fifteen (15) pounds, not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus).
      • "Ursidae" includes any member of the bear family, or any hybrids thereof.
    • "Inherently dangerous reptile" is any live member of the class reptilia which:
      • is venomous, including, but not necessarily limited to, all members of the following families: Helodermidae; Viperidae; Crotalidae; Atractaspidae; Hydrophilidae; and Elapidae.
      • is a 'rear fanged" snake of the family Colubridae that are known to be dangerous to humans, including, but not necessarily limited to, all members of the following families:

Dispholidus typus; The btornis kirtlandii; and Rhabdophis spp.

      • is of the family Boidae (boas and pythons); specifically the following species:

Python reticulatus; Eunectes sp.; Python sebae; and Python Molurus.

      • is a member of the order Crocodilia (crocodiles, alligators, and caiman).
    • "Inhumane treatment" means any treatment to any animal which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances and which:
      • Deprives the animal of necessary sustenance, including but not limited to:
        • Sufficient good and wholesome food, which means supplying at suitable intervals (not to exceed 24 hours) of a quantity of wholesome foodstuff, suitable for the animals species and age, and sufficient to maintain a reasonable level of nutrition in each animal; or
        • Adequate water, which means a supply of clean, fresh, potable water, supplied in a sanitary manner and either continuously accessible to each animal or supplied at intervals suitable for the animal species not to exceed intervals of 12 hours;
      • Deprives the animal of proper shelter, with insulation if necessary for protection from the weather;
      • Deprives the animal of exercise appropriate to the animals species except for normal and customary husbandry practices;
      • Causes the animal to be subjected to overloading, overworking, teasing, tormenting, mistreating, beating, mutilating or other treatment deemed detrimental to the health of the animal;
      • Causes the animal to be kept in an unsanitary condition:
      • Causes the animal to not receive veterinary care when needed to treat injury or illness, unless the animal is instead promptly destroyed in a humane manner;
      • Causes the animal to be abandoned; or
      • Causes, instigates or permits the animal to be trained to fight other animals or humans.
    • "License holder or licensee" means a person at least eighteen (18) years of age who has a valid inherently dangerous animal license and is in compliance with all provisions of this ordinance.
    • "Notice" means written notice to the owner of an animal which:
      • Is mailed or hand-delivered to the owners address of record on the license issued to that owner for the licensed animal;
      • Is mailed or hand-delivered to the owners address as ascertained from any other public record.
      • Is mailed to an address which has been ascertained by personal observation of an animal control officer to be a premises or building at which the owner may be contacted;
      • Has been tacked, taped or attached upon or to the owners premises or dwelling, if such can be ascertained; or
      • Has been left with a person of suitable age and discretion at such owners premises or dwelling.

If the owner is not known, notice shall be published in the official city newspaper at least one week prior to any hearing regarding the animal.

    • "Owner" means any person who:
      • Has a right of property in an animal;
      • Keeps or harbors an animal;
      • Has an animal in that persons care:
      • Acts as a custodian of an animal;
      • Licenses an animal in compliance with the ordinances of the City of Goddard; and/or
      • Obtains a vaccination certificate or veterinarians confirmation for an animal in compliance with the ordinances of the City of Goddard.

Additionally, any person who knowingly permits an animal to remain on or about any premises occupied by that person shall be considered the owner of such animal.

    • "Person" means an individual, organization, partnership or corporation.
    • "Shift cage" means a cage in which an inherently dangerous animal may be placed without physical contact between the animal and any person to permit safe feeding, cleaning, cage repair or other separations.
    • "Take up" means to put into physical custody and impound at an animal shelter or veterinary hospital.
    • "Trained personnel" means an individual, at least eighteen (18) years of age, who is an employee, volunteer, family member and/or owner who has received training according to the provisions of the inherently dangerous animal article.
    • "Traveling circus" means a circus that harbors one or more inherently dangerous animals within the corporate city limits of the City of Goddard, Kansas, for not more than two (2) weeks in any calendar year, that does not own real property within the corporate city limits of the City of Goddard, Kansas that is used for a purpose associated with said circus, and that does not have its primary place of business in the City of Goddard.
    • "Vaccination certificate" means a written document issued and signed by a veterinarian which attests to the rabies vaccination of a particularly described animal and which contains the number of metallic vaccination tag issued to such animal.
    • "Veterinarian" means a doctor of veterinary medicine currently licensed by the State of Kansas.
    • "Veterinarians confirmation" means a written statement, issued and signed by a veterinarian, which attests that rabies vaccination of a particularly described animal would be injurious to the animal because of its age or health.
    • "Wild animal" means a living mammal or marsupial which is normally found in the wild.

(Ord 545)

  • PROHIBITION OF INHERENTLY DANGEROUS ANIMALS. It shall be unlawful for any person to own, harbor or permit to be at large, any inherently dangerous animal within the City of Goddard, Kansas. (Ord 545)
  • EXCEPTIONS TO PROHIBITION. The following shall be exempt from the prohibition of harboring inherently dangerous animals in the City of Goddard, Kansas:
    • Any facility accredited by the Association of Zoos and Aquariums (AZA).
    • Licensed or accredited medical institutions.
    • Accredited educational institutions.
    • Veterinary clinics in possession of inherently dangerous animals for treatment or rehabilitation purposes.
    • Traveling circuses.
    • Persons temporarily transporting inherently dangerous animals through the City of Goddard, provided that the transit time shall not be more than one (1) day.
    • A person licensed under this article to own or harbor one or more inherently dangerous animals at an approved location. (Ord 545)
  • INHERENTLY DANGEROUS ANIMAL LICENSE REQUIREMENTS. Any person wishing to harbor one or more inherently dangerous animals at an approved location within the City of Goddard, Kansas shall abide by the following provisions:
    • Application procedure
      • Completion of application form and submittal of documents; filing.
        • Any person wishing to obtain an inherently dangerous animal license to harbor one or more inherently dangerous animals in the City of Goddard shall annually file a written application and accompanying documents for consideration and review by the Governing Body.
          • License application forms are available in the Goddard City Clerks office.
          • Completed license applications and accompanying documents shall be filed with the Goddard City Clerks office.
          • Renewal license applications shall be filed with the Goddard City Clerks office no later than May 1 of any given year, regardless of the issue date of the license being renewed, and shall be subject to all requirements contained herein.
        • The information and documents required to be submitted for consideration by the Governing Body shall include, but not be limited to, the following:
          • Name, mailing address, street address, daytime telephone number and evening telephone number of the owner of the inherently dangerous animals;
          • Name, mailing address, street address, daytime telephone number and evening telephone number of the property owner of the approved location at which inherently dangerous animals are to be harbored;
          • Common address and legal description of the approved location at which inherently dangerous animals are to be harbored;
          • Name, daytime telephone number and evening telephone number of person or persons to be contacted in case of an emergency;
          • Copy of U.S. Department of Agriculture Animal Welfare License.
          • Certificate of insurance;
          • License application fee in the amount of One Hundred Dollars ($100.00)
          • Copy of escaped animal procedures;
          • Measured diagram of the property and all buildings, cages and enclosures located thereon which are used for housing one or more inherently dangerous animals. Said diagram shall include the following:
            • the location of any and all weapons including tranquilizer guns which are intended for use in case an inherently dangerous animal is at large; and
            • the height of any fencing or barrier erected on or around the property which is intended to contain inherently dangerous animals or to prevent the public from accessing said animals; and
        • Incomplete application. Any application that is submitted with incomplete information and/or that is not accompanied by all required documents shall not be considered an application and shall therefore not be reviewed for determination of approval by the Governing Body. If such an incomplete application is mistakenly considered and approved, such application shall be voidable and/or may be revoked pursuant to the provisions of this Article.
      • Inspection. In lieu of an inspection by an official of the City of Goddard, the licensee shall provide a copy of the results of each inspection performed by the USDA in connection with the required Animal Welfare License.
      • Review and decision by Governing Body. Upon receipt of a completed license application that has been filed with the City Clerks office, the Governing Body shall have thirty (30) calendar days in which to review said application and have the inspections done to determine compliance with the Code. On or before the thirtieth day following the filing of the completed license application, the Governing Body shall indicate in writing on the application form whether it approves or denies the license. The applicant shall be notified in writing by the City Clerks Office whether its application has been granted or denied.
        • The Governing Body shall not approve the harboring of one or more inherently dangerous animals at any location other than an approved location as defined herein, by a person meeting all requirements of this Article. Any license issued by the Governing Body to harbor one or more inherently dangerous animals at a location other than an approved location and/or by a person meeting all requirements of this Article shall be considered voidable and/or may be revoked pursuant to the provisions set forth herein.
    • Standards for housing and care of inherently dangerous mammals
      • General Requirements.
        • Sanitation. All animals and animal enclosures shall be kept in a clean and sanitary condition and so maintained as to limit objectionable odors. All enclosures shall be cleaned regularly and kept free of debris and fecal material. Proper drainage shall be established to provide dry housing conditions. Detergents and disinfectants shall be used on hard surfaces, pallets, and food and water containers. Drainage and means of disposing of debris and fecal material shall be in compliance with all applicable federal, state, county and local laws and regulations;
        • Shift cage. Each primary enclosure shall have access to a shift cage to permit safe feeding, cleaning, cage repair or other separations;
        • Locks. All enclosures shall be locked with a key or combination lock when inherently dangerous mammals are within the enclosure;
        • Secondary latch. All enclosures shall have a secondary latch;
        • Doors. All enclosures shall have double doors between the animal and possible escape, one being a primary access door and the second being a safety door. Doors shall swing into the enclosure rather than out;
        • Enclosure perimeters. In addition to enclosure requirements and vertical barrier requirements set forth herein, all perimeters shall have either a concrete footing or horizontal protective matting around the entire enclosure to prevent escape through digging;
        • Shelter. All inherently dangerous mammals shall have access at all times to shelter from adverse climate conditions and those animals kept outside shall, in addition to the required shelter, have access to shade;
        • Water. Fresh clean water for drinking shall be available at all times. Watering shall consist of either built-in devices or sturdy portable containers. Such devices or containers shall be cleaned and disinfected daily;
        • Food. All inherently dangerous mammals shall have access to food which shall maintain the animals proper weight, nutrition, and health;
        • Medical attention. Proper medical attention shall be provided when and as necessary to maintain the inherently dangerous mammals in a healthy condition;
        • Transportation. At no time shall an inherently dangerous mammal be transported to or from the approved location indicated on the license application except in a manner conforming with the procedures which are required to be submitted to, and approved by, the Governing Body, as set forth in Sec. 4. a.1) b) (l0) herein;
        • Animal restricted to approved location. At no time shall an inherently dangerous mammal be located other than at the approved location indicated on the license application, except during transportation as described herein;
        • Restraint. Every inherently dangerous mammal shall be contained in an appropriate enclosure or controlled by an appropriate restraint at all times both at and away from the approved location. No inherently dangerous mammal shall be allowed to roam freely outside of an enclosure, regardless of the existence of fencing or a secondary barrier.
      • Additional requirements for Canidae and hybrids thereof.
        • Enclosure dimensions. A single small canid, or hybrid thereof, weighing less than thirty-five (35) pounds shall have an enclosure measuring at least eight (8) feet by twelve (12) feet. It shall be either a minimum of eight (8) feet high with a covered top or a minimum of fourteen (14) feet high with either an inward-facing overhang of not less than eighteen (18) inches at an angle of forty-five (45) degrees or have a one hundred ten (110) volt electric wire to prevent the animals from escaping. For each additional small canid (or hybrid thereof), the floor space of the enclosure shall be increased by fifty percent (50%). A single large canid, or hybrid thereof, weighing thirty-five (35) pounds or more shall have an enclosure measuring at least ten (10) feet by fifteen (15) feet. For each additional large canid, or hybrid thereof, the floor space of the enclosure shall be increased by fifty percent (50%). It shall be either a minimum of eight (8) feet high with a covered top or a minimum of fourteen (14) feet high with either an inward-facing overhang of not less than eighteen (18) inches at an angle of forty-five (45) degrees or have a one hundred ten (110) volt electric wire to prevent the animals from escaping.
        • Enclosure materials. Enclosures for canids and hybrids thereof shall be constructed of not less than eleven (11) gauge chain link or its equivalent for mammals of an adult weight less than thirty-five (35) pounds and nine (9) gauge chain link or its equivalent for animals of an adult weight of thirty-five (35) pounds or more.
      • Additional requirements for Felidae and hybrids thereof.
        • Enclosure dimensions and materials for very large pantherids. Very large pantherids, including lions (P. leo), tigers (P. tigris), and any hybrids thereof shall be maintained in barred or heavily wired cages. A cage for a single animal shall measure at least twenty-four (24) feet by twelve (12) feet. It shall be either a minimum of eight (8) feet high with a covered top or a minimum of fourteen (14) feet high with either an inward-facing overhang of not less than eighteen (18) inches at an angle of forty-five (45) degrees or have a one hundred ten (110) volt electric wire to prevent the animals from escaping. Floor space of a cage shall be increased by fifty percent (50%) for each additional animal.
        • Enclosure dimensions for other large felids. Large felids, including jaguars (P. onca), leopards or panthers (P. pardus), pumas, cougars or mountain lions (P. concolor), snow leopards (P. uncia), clouded leopards (Neofelis nebulosa), and any subspecies or hybrids thereof shall be maintained in cages with minimum cage dimensions for a single large felid of twenty (20) feet by ten (10) feet by eight (8) feet high with a covered top. Floor space of a cage shall be increased by fifty percent (5 0%) for each additional animal.
        • Enclosure dimensions for smaller felids. A small felid, having an adult body weight of more than fifteen (15) pounds but less than forty-four (44) pounds, including any hybrids but excluding the domestic cat (Fells catus) shall be maintained in cages with minimum cage dimensions for a single small felid of seven (7) feet by ten (10) feet by eight (8) feet high with a covered top. Floor space shall be increased by fifty percent (50%) for each additional animal.
        • Enclosure materials. Enclosures for very large pantherids and large felids shall be constructed of bars or not less than nine (9) gauge chain link fencing or its equivalent. Enclosures for smaller felids shall be constructed of bars of not less than eleven (11) gauge chain link fencing or its equivalent.
      • Additional requirements for Ursidae and hybrids thereof.
        • Enclosure dimensions. All enclosures for a solitary adult bear or hybrid thereof shall measure at least twenty-four (24) feet by twelve (12) feet with a ten (10) foot high covered top. Floor space of a cage shall be increased by fifty percent (50%) for each additional animal.
        • Enclosure materials. Enclosure material shall be constructed of welded bars or not less than nine (9) gauge chain link appropriately secured, or its equivalent.
    • Standards for housing and care of inherently dangerous reptiles.
      • General Requirements.
        • Sanitation. All animals and animal enclosures shall be kept in a clean and sanitary condition and so maintained as to limit objectionable odors. All enclosures shall be cleaned regularly and kept free of debris and fecal material. Proper drainage shall be established to provide dry housing conditions. Detergents and disinfectants shall be used on hard surfaces, pallets, and food and water containers. Drainage and means of disposing of debris and fecal material shall be in compliance with all applicable federal, state, county and local laws and regulations;
        • Locks. All enclosures shall be locked with a key or combination lock when inherently dangerous reptiles are within the enclosure;
        • Secondary latch. All enclosures shall have a secondary latch;
        • Doors. Doors shall swing into the enclosure rather than out;
        • Shelter. All inherently dangerous reptiles shall have access at all times to shelter from adverse climate conditions and those animals kept outside shall, in addition to the required shelter, have access to shade;
        • Security of enclosures. Enclosures shall be secure and escape-proof;
        • Climate. Species appropriate temperature, lighting, and shelter shall be provided at all times;
        • Food and water. Inherently dangerous reptiles shall be fed and watered at a rate at which proper weight, nutrition, and health are maintained. Watering devices or containers shall be cleaned and disinfected daily;
        • Medical attention. Proper medical attention shall be provided when and as necessary to maintain the inherently dangerous reptiles in a healthy condition;
        • Transportation. At no time shall an inherently dangerous reptile be transported to or from the approved location indicated on the license application except in a manner conforming with the procedures which are required to be submitted to, and approved by, the Governing Body, as set forth in Sec. 4. A.1) b) (10) herein;
        • Animal restricted to approved location. At no time shall an inherently dangerous reptile be located other than at the approved location indicated on the license application, except during transportation as described herein.
        • Restraint. Every inherently dangerous reptile shall be contained in an appropriate enclosure or controlled by an appropriate restraint at all times both at and away from the approved location. No inherently dangerous reptile shall be allowed to roam freely outside of an enclosure, regardless of the existence of fencing or a secondary barrier.
      • Additional requirements for venomous snakes and large constricting snakes.
        • Enclosure dimensions. One or two venomous snakes or large constricting snakes shall have an enclosure with a perimeter measuring one and one-half (1 1/2) times the length of the longest confined snake. For each additional snake, the floor area of the enclosure shall be increased by twenty-five percent (25%).
        • Enclosure materials. Enclosures shall be fronted with a minimum of three sixteenths inch (3/16") thick plexiglass or tempered glass. Ventilation openings shall be covered with one-sixteenth inch (1/16") mesh. Enclosures shall 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.
          • Ventilation openings on enclosures containing venomous snakes shall be covered with double walls of one-sixteenth inch (1/16") mesh sufficient to prevent penetration of fangs to outside of the enclosure.
      • Additional requirements for gila monsters and beaded lizards.
        • Enclosure requirements. One or two lizards shall have an enclosure with a minimum enclosure length of one and one-half (1 ½) times the length of the longest confined lizard and a minimum enclosure width of four (4) times the width of the largest confined lizard. Enclosures shall have adequate ventilation, fresh water, and access to sunlight or full spectrum fluorescent lighting with appropriate shade also available. For each additional lizard, the floor area of the enclosure shall be increased one hundred percent (100%).
      • Additional requirements for crocodilians.
        • Enclosure requirements. The floors of outdoor enclosures shall be of concrete or masonry construction. Walls shall be a minimum height of four (4) feet and constructed of wire mesh no smaller than eleven and one-half (11.5) gauge. The enclosure shall be completely roofed by mesh wire. Crocodilians shall have access to shade and, during cold weather, heated indoor facilities.
        • Enclosure dimensions. For one crocodilian, minimum enclosure size must permit moving and turning both on land and in a pool. For additional crocodilians, the combined area covered by their bodies shall not exceed fifty percent (50%) of enclosure area.
        • Pool. Each enclosure shall include a pool of sufficient depth to permit entire body submersion by the crocodilian(s) located therein and must be readily accessible to caretakers either by securing ramps into and out of the water or by building a sunken pool with a sloped interior.
          • Pools shall be full of water at all times. The water shall be continuously filtered or replaced on a weekly basis.
        • Shift cages. Enclosures for crocodilians greater than five (5) feet in length must have shift facilities to permit safe cleaning, cage repair, or other separations. Shift cages shall measure at least eight (8) feet by five (5) feet.
        • Lighting. Indoor facilities shall be equipped with full spectrum fluorescent lighting and heat lamps for basking.
    • Fencing requirements. Each license holder shall be responsible for erecting and maintaining at least one of the following types of fencing at the approved location at which the license holder harbors or intends to harbor one or more inherently dangerous animals:
      • Perimeter fencing. A license holder who chooses to erect and maintain perimeter fencing shall erect and maintain such fencing in a manner which reasonably prevents access to the approved location by the general public and further aids in containing any escaped animal. Perimeter fencing shall be inspected by the Chief of Police for compliance with the following requirements:
        • Perimeter fencing shall completely enclose the entire approved location;
        • Perimeter fencing shall be a minimum of eight (8) feet tall;
        • The area near the perimeter fencing shall be kept clear so that an inherently dangerous animal cannot be elevated, making it easier for such animal to escape by jumping over the perimeter fencing;
        • Gates providing access to the approved location which is surrounded by the perimeter fencing shall be closed at all times.
          • Exception. Gates may be opened for purposes of ingress and egress to the approved location but shall be closed immediately following such ingress and egress.
      • Secondary barrier. A license holder who chooses to erect and maintain a secondary barrier shall erect and maintain such secondary barrier in a manner which reasonably prevents access to the enclosures containing inherently dangerous animals by the general public and further aids in containing any escaped animal. Secondary barriers shall be inspected by the Chief of Police for compliance with the following requirements:
        • A secondary barrier shall completely surround any and all enclosures that house inherently dangerous animals;
        • A secondary barrier shall be a minimum of eight (8) feet tall;
        • The area between an enclosure housing one or more inherently dangerous animals and the secondary barrier shall be kept clear so that an inherently dangerous animal cannot be elevated, making it easier for such animal to escape by jumping over the secondary barrier;
        • Gates providing access to the area surrounded by the secondary barrier shall be closed at all times.
          • Exception. Gates may be opened for purposes of ingress and egress to the area surrounded by the secondary barrier but shall be closed immediately following such ingress and egress.
        • On-site staffing. Any license holder harboring one or more inherently dangerous animals at an approved location shall be present or shall ensure that trained personnel is present at said approved location twenty-four (24) hours per day, seven (7) days per week.
        • Escaped animal procedure. Any license holder harboring one or more inherently dangerous animals at an approved location shall establish escaped animal procedures subject to the following requirements:
          • The license holder shall submit a copy of said escaped animal procedures for approval to the Governing Body at the time of application. The license holder shall, throughout the term of the license, provide to the Governing Body a copy of any revisions made to such procedures within forty-eight (48) hours of such revisions being made;
          • All personnel shall regularly receive training in such procedures;
          • Escaped animal procedures shall include a requirement to call 911 within five (5) minutes of an escape;
          • The location of telephone numbers of persons to contact in case of an escape shall be part of the escaped animal procedure.
        • Insurance requirements. Certificate of insurance indicating proof of liability insurance in the minimum amount of one million dollars ($1,000,000.00), covering any acts of the inherently dangerous animal(s) owned or harbored by the applicant while on or off of the approved location. Said certificate of insurance shall contain a clause granting a minimum of thirty (30) calendar days prior notice to the City of Goddard in care of the City Clerks office before any material change or cancellation of insurance is effective.
        • Inspections. Any person harboring one or more inherently dangerous animals shall submit to inspections of the approved location at which said animal or animals are being harbored. Such inspections, which shall be for the purpose of determining compliance with the provisions of this article, shall be conducted by the Chief of Police, at his discretion. (Ord 545)
  • VIOLATIONS AND ENFORCEMENT. It shall be considered a violation of the Code of the City of Goddard for a person to fail to abide by the provisions of this article. Such violation shall cause such person to be subject to one or more of the following enforcement provisions:
    • Revocation of license.
      • A license issued pursuant to this article may be revoked by the Governing Body after a hearing conducted by the Governing Body to determine whether the license holder is in violation of any provision or provisions of this article.
      • If a license is revoked, the owner of the animal(s) which is/are the subject of the license shall transfer ownership of the animal(s) by sale or gift to another person who is in compliance with this article, with the written approval of the Governing Body, and provided the other person has or can obtain a license required by this article. In the alternative and with the written approval of the Governing Body, the animal(s) can be permanently removed from the City of Goddard , Kansas.
      • Any license holder who is dissatisfied with a decision of the Governing Body made pursuant to this section may appeal such decision within ten (10) days to the District Court of Sedgwick County, Kansas.
    • Impoundment; disposition of impounded animals.
      • Any inherently dangerous animal which is kept by any person in contravention of this article may be taken up and impounded by the Chief of Police or any other law enforcement officer for the protection and health of the animal and/or for the protection of the health, safety and welfare of the public. Cost of take-up, impoundment, and care of the animal will be charged to its owner and/or harborer regardless of whether the animal is claimed by or returned to said owner and/or harborer.
      • If an animal cannot be taken up safely or if proper and safe housing cannot be found for the animal, the Chief of Police can immediately cause the animal to be destroyed.
      • The owner and/or harborer of the animal can reclaim the animal only if said owner and/or harborer is in compliance with this article and only after all fines and costs have been paid by the owner and/or harborer. Any other intended disposition of the animal requires the approval of the Governing Body.
      • If no owner or harborer can be located or will claim the animal within three (3) days after impoundment, the Chief of Police may cause the sale, adoption, donation, or euthanization of the animal.
    • Criminal proceedings.
      • Violation of this section shall be punishable by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or imprisonment of not more than One (1) Year, or both such fine and imprisonment. Each days violation constituting a separate offense.
    • Other remedies.
      • The City of Goddard, Kansas shall have such other remedies as are and as may be from time to time provided by state or local law.
    • Remedies cumulative.
      • The remedies provided herein shall be cumulative. (Ord 545)
  • SALE OR TRANSFER OF INHERENTLY DANGEROUS ANIMALS. Any person who sells, gives, or in any way transfers possession or ownership of an inherently dangerous animal shall maintain records reflecting the name, address, and telephone number of the receiver of the animal; the state and county in which the receiver lives; and a complete and accurate description of the animal transferred to the receiver. If the receiver is a resident of the City of Goddard, Kansas, the records shall also reflect information sufficient to show the receiver possesses a current city license pursuant to this article and that said animal is to be harbored at an approved location. Such records shall be made available to the Chief of Police for inspection upon request. Such records shall be maintained for a minimum of seven (7) years from the date of transfer. (Ord 545)
  • SALE OR TRANSFER OF APPROVED LOCATION. Any person who sells, gives, devises, or in any way transfers ownership of an approved location shall give written notice to the Chief of Police within ten (10) days of such transfer. If the transferee intends to harbor or allow to be harbored inherently dangerous animals at such approved location, such transferee shall be subject to all provisions of this article. (Ord 545)
  • NONTRANSFERABILITY OF LICENSE. No license issued pursuant to this article shall be transferable to any other person or to any other location. Should a license holder wish to relocate one or more inherently dangerous animals to another approved location, said license holder shall file a new application for such location. (Ord 545)
  • ABANDONMENT OF USE OF APPROVED LOCATION. Should an approved location not be used for the harboring of inherently dangerous animals for sixty (60) or more consecutive days, said location shall no longer be considered an approved location for purposes of this article. Thenceforth, no inherently dangerous animal shall be harbored at such location. (Ord 545)
  • AGREEMENTS. The City of Goddard may enter into agreements with any veterinarian, governmental agency, city, township, improvement district, corporation or individual it deems necessary to carry out the provisions of this article. (Ord 545)
  • SEVERABILITY. If any section, sentence, subdivision or clause of this article shall for any reason be held invalid or unconstitutional such holding shall not affect the validity of the remaining portions of this article. (Ord 545)


ARTICLE 6. PENALTY

  • PENALTY. Unless otherwise provided herein, the maximum penalty for a violation of this chapter shall be a fine of not more than Five Hundred Dollars ($500.00) or imprisonment of not more than Six (6) months, or both such fine and imprisonment. (Ord 496; Code 2001)
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