(a) It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her control within the City any native wild animal, venomous or dangerous wild animal or reptile.
(b) It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the City any of the following animals:
(1) All species of Apes and/or Monkeys.
(2) Badgers.
(3) Bears.
(4) Bison.
(5) Bobcats and/or Lynxes.
(6) Large Cats such as lions, Cheetahs, Leopards, Tigers, Jaguars, or Pumas, also known as Cougars, Mountain Lions, or Panthers.
(7) Constrictor snakes over eight (8) feet in length.
(8) Coyotes.
(9) Crocodilians and/or Alligators.
(10) Deer; includes all members of the deer family, for example, White-Tailed Deer, Elk, Antelope and Moose.
(11) Elephants.
(12) Hippopotami.
(13) Hyenas.
(14) Opossums.
(15) Raccoons.
(16) Rhinoceroses.
(17) Roosters, guinea fowl, peacocks, and/or other birds that by nature exhibit loud calls.
(18) Skunks.
(19) Wolves.
(20) All poisonous animals including rear fang snakes.
(21) Constrictor snakes.
(c) Complaint; Notice.
Upon the complaint of any person that a person owns or is keeping or harboring a prohibited animal(s) on premises in the City, the Chief of Police or his or her designee, shall cause the matter to be investigated. If after investigation, the facts indicate that the person named in the complaint is in fact the owner or is keeping or harboring any prohibited animal(s) in the City, the Chief of Police, or his or her designee, shall send written notice to the person, requiring the person to safely remove the animal from the City within three (3) days from the date of the notice. Notice as herein provided shall not be required where prohibited animal(s) have previously caused serious physical harm or death to any person, or has escaped and is at-large, in which case the Chief of Police, or his or her designee, shall immediately seize and impound, or kill the animal, if seizure and impoundment are not possible without risk of physical harm or death to any person. Notice of seizure shall be given to the owner or harborer of the animal as herein provided.
(d) Failure to Comply; Impoundment; Costs.
(1) The Chief of Police, or his or her designee, shall cause to be seized and impounded any prohibited, nuisance, dangerous or vicious animal where the person owning, keeping or harboring the animal has failed to comply with the notice sent pursuant to Subsection (c). Upon a seizure and impoundment, the animal shall be delivered to an animal shelter.
(2) If, during the course of seizing and impounding any animal, the animal poses a risk of serious physical harm or death to any person, the Chief of Police or his or her authorized representative may render the animal immobile by means of tranquilizers or other safe drugs or if that is not safely possible then the animal may be killed.
(3) Any costs incurred by the City in seizing, impounding and confining any prohibited, nuisance, dangerous or vicious animal shall be charged against the owner, keeper, or harborer of the animal. The charges shall be in addition to any fine or penalty imposed for violating this Chapter.
(e) Performing Animal Exhibitions.
(1) No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.
(2) All equipment used on a performing animal shall fit properly and be in good working condition.
(Ord. 2487)
(a) Prohibition: Except as otherwise provided by this section, it shall be unlawful to keep, cause to be kept, harbor or maintain any domestic horse, donkey, mule, or other equine; sheep; goat; swine; cow, ox or other bovine; or large ratite in a residential zone of the city.
(b) Exceptions: The prohibitions of subsection (a) of this section, provided the property is zoned by the City for agricultural use, shall not apply to the following:
(1) Not more than one of the animals listed at Section 2-302(a) may be kept, harbored, owned or possessed on premises that are between two acres contiguous gross land area and less than three acres of contiguous land area;
(2) One additional animal per acre, above the number allowed in section 2-302(b)(l) may be kept, harbored, owned or possessed on premises that consist of contiguous land area that is three acres or larger; i.e., two of the above-listed animals on four acres or more, three on five acres or more, four on six acres or more, etc.
(3) In the event the exceptions herein conflict with any other ordinance or statute limiting the number of animals, the provisions of such other ordinance or statute shall control.
(c) Permit: Any person wishing to keep an animal not otherwise authorized by subsection (b) of this section or wishing to keep additional animals other than those so authorized by such subsection, may make application for a special written permit. Such special permit shall be issued only after an inspection of the premises and a finding of fact to the effect that no nuisance will be created thereby. In determining whether a nuisance will be created by the granting of a permit, consideration will be given to whether such animals were being lawfully kept on such property prior to the enactment of this section, the size of the lot or acreage involved, conditions under which the animals will be kept, and distances from other premises.
Application for such permit will be to the City Clerk or Bonner Springs Police Department and a permit fee shall be paid at the time of making such application. The City Clerk or Bonner Springs Police Department shall, upon receipt of an application for permit, cause the city officer or employee designated by the City Manager to conduct the investigation as required hereby and if the result of such investigation meets the requirements of this section shall issue the permit.
In the event or a denial of such permit the City Clerk or Bonner Springs Police Department shall immediately notify the applicant by first class mail and the applicant shall then have ten (10) calendar days in which to appeal such determination to the City Council. The City Council shall determine whether such permit should be issued and if so, under what conditions the keeping of such animals will be authorized under the provisions of this section.
Any permit issued under the provisions of this section may be revoked or canceled by the City Manager or his or her designee at any time during the term thereof; provided that such officer or employee as designated by the City Manager shall first send a notice to the permittee outlining the violation of this chapter determined to be in existence with respect to the property and notifying the permittee that if such violations are not abated within ten (10) days of such notice, then the permit will be revoked.
Any permits issued shall be issued for a period of one year. No new permit may be issued without reapplication and inspection as provided herein.
(d) Goats/Sheep: Owners of goats and sheep shall ensure that male goats over the age of four weeks are neutered.
(e) Pigs: Owners of pet pigs shall ensure that male pigs over the age of four weeks are neutered and females over the age of 120 days are spayed. Additionally, adult pigs shall not exceed 200 pounds.
(f) Animal or Fowl Pens; Shelters.
(1) It shall be unlawful to maintain any stable, shed, yard, pen or other place on which any number of animals or fowl shall be kept in such a manner as to be or become offensive to those residing in the vicinity or annoying to the public or, except as otherwise provided, to fail to meet and maintain the following requirements:
(A) No animal house, pen or kennel shall be maintained closer that forty (40) feel to any apartment, house, residential condominium, hotel, restaurant boarding house, retail food store, building used for school, religious or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which the animals are kept.
(B) Fencing for the keeping of livestock shall not be closer than twenty five feet (25’) from the front lot line;
(C) Fencing for any animals must be constructed in such a manner that animals may not reach legs, necks, wings, or any body part onto neighbors’ property or to any plant or shrub growing on the neighbors’ property;
(D) All animal shelters and fences confining animals shall be maintained in good repair. 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 charged fence is protected by an exterior fence.
(E) Manure shall not be allowed to accumulate and must be cleaned up on a regular basis;
(F) Any pen/coop or other building upon a lot for the purpose of confining or housing the animal must be constructed of such material and in such manner that they can be kept clean and sanitary at all times;
(G) Every pen, cage or other yard establishment where an animal is kept shall be maintained so that no debris, garbage, water or excrement accumulates and so that no offensive, disagreeable or noxious smell or odor will arise therefrom to the injury, annoyance, or inconvenience of any neighbor. Any violation of this subsection shall be deemed a nuisance.
(H) Animal pens must be adequately sized. Adequate size shall be based on the length of the animal being held. Space must be three times the length of the animal squared; i.e. a dog measuring three feet in length would require a pen that is at least (3ft x 3ft)2 = 81 Sq. ft.
(I) All premises on which animals arc 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.
(J) Animals held in a pen either full-time or for short durations, shall be provided with shade and protection from weather.
(2) Limitations for the keeping of Poultry
(A) Keeping of poultry is allowed with a permit.
(B) Number of poultry: Up to six (6) hens per acre.
(C) Roosters are prohibited.
(D) Slaughtering of poultry on the property is prohibited.
(E) Allowing chickens to roam at large is prohibited.
(F) Coop standards: A coop is required to house poultry. Coops must be constructed and maintained to meet the following minimum standards:
(i) Located in the rear or side yard.
(ii) Set back at least five (5) feet from the rear or side property lines.
(iii) Interior floor space — four (4) square feet per bird.
(iv) Interior height — adequate room to allow access for cleaning and maintenance.
(v) Doors — one (1) door to allow humans to access the coop and one (1) for birds (if above ground level, must also provide a stable ramp).
(vi) Climate control — adequate ventilation and/or insulation to maintain the coop temperature between 32-85 degrees Fahrenheit.
(vii) Nest Boxes — one (1) box per every three (3) birds.
(viii) Roosts — Shall be sufficient for the number of birds in the coop.
(ix) Rodent Proof — Coop construction and materials must be adequate to prevent access by rodents.
(x) Coops shall be of sturdy construction and well maintained.
(xi) Substrate: Composed of material that can be easily raked or regularly replaced to reduce odor and flies.
(G) Poultry Run: A run or exercise yard is required. Runs must be constructed and maintained to meet the following minimum standards:
(i) Location: rear or side yard.
(ii) Size: ten (10) square feet per bird, if access to a fenced exercise yard is also available; sixteen (16) square feet per bird, if access to an exercise yard is not available. If the coop is elevated two (2) feet so the poultry can access the space beneath, that area may count as a portion of the minimum run footprint.
(iii) Height: Adequate room to allow access for cleaning and maintenance.
(iv) Cover: Adequate to keep poultry in and predators out.
(H) Permit
The officer shall grant a permit for poultry after the applicant has obtained the written consent of at least 60% of the owners or occupants of privately or publicly owned real estate that are located adjacent (i.e. sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or more from any house or business.
(I) Application
Any person desiring a permit required under the provisions of this article shall make written application to the Bonner Springs Police Department upon a form prescribed by and containing such information as required by the City Clerk and officer. Among other things, the application shall contain the following information:
(i) A description of the real property upon which it is desired to keep the poultry.
(ii) The number of poultry to be kept on the premises.
(iii) A site plan of the property showing the location and size of the proposed poultry coop and run, setbacks from the poultry coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, style, and height of fencing proposed to contain the poultry in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan.
(iv) Statements that the applicant will at all times keep the poultry in accordance with all of the conditions prescribed by the officer, or in modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit.
(J) Permit conditions
If granted, the permit shall be issued by the City Clerk or Bonner Springs Police Department and shall state the condition, if any, imposed upon the permittee for the keeping of poultry under this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such poultry.
(K) Term
Permits issued under this division shall have a duration period of two years. The first two years of a permit shall require an annual inspection after year one. The expiration date of such permit is as may be imposed, set, established and fixed by the City Clerk, from time to time. A permit renewal application shall be filed with the office of the City Clerk prior to the expiration date.
(L) Revocation
The City Manager may revoke any permit issued under this ordinance if the person holding the permit refuses or fails to comply with this ordinance, with any regulations promulgated by the City Council pursuant to this ordinance, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten (10) days thereafter, humanely dispose of all poultry being owned, kept or harbored by such person, and no part of the permit fee shall be refunded.
(Ord. 2487)
Any person designated and licensed as a falconer by the Kansas Wildlife and Parks Department must first obtain a permit from the City Clerk or Bonner Springs Police Department before owning a raptor within city limits. This permit is in addition to any required permits under state or federal laws. Any person desiring a permit under this section must file with the City Clerk or Bonner Springs Police Department an application for permit showing a copy of applicable state and/or federal licenses or permits, along with a fee. Permits must be renewed yearly.
(Ord. 2487)
Mews used to house raptors must be locked at all times during which the raptor is inside. Any person authorized to own a raptor within city limits shall not allow it to fly within city limits.
(Ord. 2487)
(a) 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:
(1) Without provocation, molests, chases or interferes with persons or vehicles in the public right-of-way by jumping upon, chasing, barking or biting at persons or vehicles;
(2) Damages public or private property other than that of its owner or harborer by its activities;
(3) Scatters refuse that is bagged or otherwise contained;
(4) Threatens or endangers the health or well-being of persons or other animals, or injures other animals;
(5) Creates noxious or offensive odors;
(6) Defecates upon any public or private property, other than the property of the owner of the animal, unless promptly removed by the animal owner or harborer. This Section shall not apply to a blind person while walking his or her dog;
(7) Creates an insect breeding or attraction site due to an accumulation of excreta;
(8) Is ridden on public property and obstructs or interferes with vehicular or pedestrian traffic;
(9) Creates excessive noise, including barks, howls, whines, brays or cries, which cause an unreasonable annoyance, disturbance or discomfort to the complainant.
(b) No animal may be declared a nuisance if, at the time of violations (a)(1) or (9), a person or animal was teasing, tormenting, abusing or assaulting the alleged nuisance animal. No animal may be declared a nuisance if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
(c) If a notice to appear is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.
(d) It shall be a separate offense under this Subsection for any person owning, keeping or harboring any animal deemed a nuisance animal to permit, or allow the animal to run at large within the City.
(Ord. 2487)
(a) It shall be unlawful for the owner of any animal to keep or maintain such animal in the City so as to constitute a dangerous animal. A dangerous animal is any animal which has done any of the following:
(1) Caused injury, other than killing or serious physical harm, to any person;
(2) Killed another animal;
(3) Been the subject of a second or subsequent violation of Section 2-305(a)(1) or (4).
(b) Notwithstanding the definition of a dangerous animal above, no animal may be declared dangerous if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime, or if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
(c) Any dangerous animal which is in the custody of an Animal Control Officer and which in the judgment of the Chief of Police, or his or her designee, would constitute a menace to the health, safety or welfare of the public if released from custody, may be held pending a hearing on any charges or complaints filed in the Municipal Court to determine the disposition of the animal.
(d) Any violation of this Section shall be punishable pursuant to the provisions of this Section, except that the minimum fine for violation of any provision of this Section shall be $250. Upon conviction, the Court may order that the animal be humanely euthanized and direct the Chief of Police, or his or her designee, to ensure that the order is enforced.
(e) Upon conviction of keeping a dangerous animal, the Municipal Court Judge may order restitution be paid to the victim of the violation of Section 2-306(a)(1) or (2).
(f) Upon conviction of keeping a dangerous animal, and the animal returning to its owner, the animal shall be kept subject to the following standards:
(1) Leash and Muzzle. No person shall permit a dangerous animal to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all dangerous animals on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.
(2) Confinement. All dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine dangerous animals must be locked with a key or structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house dangerous animals must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) Confinement Indoors. No dangerous animal may be kept on a porch, patio or in a part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows or screen doors are the only obstacle preventing the animal from exiting the structure.
(4) Signs. All owners, keepers or harborers of dangerous animals within the City shall within 10 days of conviction, display in a prominent place on their premises a sign easily readable by the public using the words Beware of Dog or Beware of Dangerous Animal, whichever is applicable.
(5) Insurance. All owners, keepers or harborers of dangerous animals must within 10 days of conviction provide proof to the Animal Control Officer of public liability insurance in a single incident amount of $1,000,000 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. The insurance policy will provide that no cancellation or changes of the policy will be made unless 10 days written notice is first given to the Animal Control Officer.
(6) Identification Photographs. All owners, keepers or harborers of dangerous animals must within 10 days of conviction provide to the Animal Control Officer two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.
(7) Microchip. All owners, keepers or harborers of dangerous animals must within 10 days of conviction microchip the animal and provide microchip information to the Animal Control Officer to register the animal as dangerous.
(8) Spaying/Neutering. All owners, keepers or harborers of dangerous animals must within 10 days of conviction spay or neuter the animal and provide proof of sterilization to the Animal Control Officer.
(9) Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a dangerous animal registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such animal; provided that the registered owner of a dangerous animal may sell or otherwise dispose of a registered dog to persons who do not reside within the City.
(10) Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a dangerous animal to fail to comply with the keeping requirements and conditions set forth in this Article. Any animal found to be the subject of a violation of this Article shall be subject to immediate seizure and impoundment. In addition, failure to comply with the provisions of this Article is deemed a separate offense. Upon conviction, the Court shall order the revocation of the license of such animal resulting in the immediate removal of the animal from the City. In addition to the foregoing penalties, any person who violates this Article shall pay all expenses, including shelter, food, handling veterinary care and testimony necessitated by the enforcement of this Article.
(Ord. 2487)
(a) An animal may be declared to be vicious by the Animal Control Officer or Law Enforcement officers, under the following guidelines:
(1) An animal which, in a vicious or terrorizing manner approaches in an apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a person or other animal upon the streets, sidewalks or any public grounds or places; or
(2) An animal which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mail carrier, meter reader, serviceman, journeyman, delivery man or other employed person, or any person or animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.
(b) It shall be unlawful to keep, possess, or harbor a vicious animal within the City limits. A vicious animal means any animal which has killed or caused serious physical harm to any person.
(c) The owner of a vicious animal shall be responsible for all costs associated with impoundment, removal or for any other associated costs.
(d) Upon second conviction of a violation of 2-306, the Court shall order that the animal be removed from the City or humanely euthanized, and direct the Chief of Police, or his or her designee, to ensure that the order is enforced.
(e) Upon conviction of keeping a vicious animal, the Municipal Court Judge may order restitution be paid to the victim up to the maximum amount allowed by law.
(f) The owner of a vicious animal shall pay all costs associated with impoundment, removal, or euthanasia of said animal. The owner shall pay any other associated costs incurred.
(Ord. 2487)
The provisions of this Article shall not apply to a police dog being used to assist one or more Law Enforcement Officers acting in an official capacity.
(Ord. 2487)
(a) The provisions of this Article shall not apply to a police dog being used to assist one or more Law Enforcement Officers acting in an official capacity.
(b) No animal may be declared vicious if the injury or damage is sustained to any person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime.
(Ord. 2487)
If a vicious animal has been running at large, or bites a person or bites another animal, the animal shall be seized by the city or its agents using such means as are necessary and summon the owner to appear in court to show cause why this animal shall not be destroyed. If the animal cannot be captured, it may be as reasonably possible humanely destroyed.
(Ord. 2487)