Chapter 6.5 GENERAL PROVISIONS

“Abandon” means 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.

“Animal” means any live, vertebrate creature, domestic or wild.

“Animal shelter” means any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held 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 premises 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.

“Auctions” means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.

“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 any member of the species Felis catus, regardless of sex.

“Circus” means a commercial variety show featuring animal acts for public entertainment.

“Commercial animal establishment” means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.

“Dog” means any member of the species Canis familiaris, regardless of sex.

“Fowl” means all animals that are included in the zoological class Aves, which shall include, but not be limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

“Grooming shop” means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

“Harbor” means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls.

“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.

“Humane officer” means any person designated by the state of Kansas, a municipal government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state.

“Humanely euthanize” means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.

“Immediate control” means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

“Kennel” means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.

“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 any male or female cat or dog that 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 any person owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

“Performing animal exhibition” means any spectacle, display, act or event, other than circuses, in which performing animals are used.

“Pet” means any animal kept for pleasure rather than utility.

“Pet shop” means any person whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animal.

“Public nuisances” means any animal or animals which:

(1) Molests passersby or passing vehicles;

(2) Attacks other animals;

(3) Trespasses on school grounds;

(4) Is repeatedly at large;

(5) Damages private or public property;

(6) Barks, whines or howls in an excessive, continuous or untimely fashion.

“Restraint” means any animal secured by a leash or lead or under the control of a responsible person and obedient to that person’s commands or within the real property limits of its owner.

“Riding school” or “stable” means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.

“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.

“Veterinarian” means a doctor of veterinary medicine licensed by the state of Kansas.

“Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

“Vicious animal” means any animal or animals that constitute a physical threat to human beings or other animals.

“Wild animal” means any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, tiger, lion, lynx, or any other warmblooded animal which can normally be found in the wild state or which belongs to a species that has not been domesticated by man.

“Zoological park” means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals operated by a person, partnership, corporation or government agency. (Ord. 538 § 1. Code 1996 § 2-101)

6.5.02 Animal control officer – Duty to impound – Citation alternative.

(a) There is hereby created the position of animal control officer for the city and such officer shall be charged with the enforcement of this chapter. 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.

(b) It shall be the duty of the animal control officer to take up and impound all animals found in the city in violation of the provisions of this chapter. (Code 1996 § 2-102)

6.5.03 Animal control officer – Capture/destruction.

When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:

(a) 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;

(b) 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;

(c) Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in BSMC 6.5.15, or any animal creating a nuisance as defined in BSMC 6.5.01, where such animal is impossible or impractical to catch, capture or tranquilize. (Code 1996 § 2-103)

6.5.04 Animal control officer – Right of entry – Unlawful interference.

(a) The animal control officer or any law enforcement 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.

(b) It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties. (Ord. 538 § 12. Code 1996 § 2-104)

6.5.05 Municipal pound established.

A municipal pound shall be established to carry out the provisions of this chapter. Such a pound may be operated by a contractor and all services required herein may be provided by a contractor. When so contracted, the pound shall have the following services and facilities as a minimum:

(a) Adequate pickup and impounding of all stray and ownerless dogs and cats and animals otherwise in violation of the provisions of this chapter.

(b) Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter.

6.5.06 Breaking pound.

(a) 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.

(b) 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. (Ord. 538 § 12. Code 1996 § 2-106)

6.5.07 Animal care.

(a) No owner shall fail to provide his or her animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care when needed to prevent suffering and with humane care and treatment.

(b) No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans.

(d) No person shall crop a dog’s ears, except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog’s health and comfort, and in no event shall any person except a licensed veterinarian perform such an operation.

(e) No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

(f) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his or her own property common rat poison mixed only with vegetable substances. (Ord. 538 § 7. Code 1996 § 2-107)

6.5.08 Animal care – Exceptions.

The provisions of BSMC 6.5.07 shall not apply to:

(a) Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care;

(b) Any animal not reclaimed by its owner within three working days shall become the property of the local government authority, or humane society, and shall be placed for adoption in a suitable home or humanely euthanized;

(c) Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Kansas Statutes Annotated, Chapter 32 or 47;

(d) Rodeo practices accepted by the rodeo cowboys’ association;

(e) 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;

(f) 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;

(g) 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 1996 § 2-108)

6.5.09 Keeping animals.

It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to possess and maintain any animal or fowl within the city or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats or swine, or undomesticated animals are kept. This provision shall not apply to:

(a) The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city;

(b) The maintaining of dogs and cats which are regulated by Chapter 6.10 BSMC;

(c) The maintaining of nonpoisonous and nonvicious animals and fowl which are commonly kept as household pets, such as hamsters, rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with BSMC 6.5.13;

(d) The transporting of animals through the city by ordinary and customary means;

(e) The maintaining of rabbits, whether kept as pets, livestock, or otherwise, is permitted; provided, that no more than four rabbits shall be kept by any household. (Ord. 757. Code 1996 § 2-109)

6.5.10 Animal traps.

It shall be unlawful for any person to use, place, set out, or deploy any animal trap above ground, 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 1996 § 2-110)

6.5.11 Animal waste.

The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal(s) on public walks, recreation areas, or private property. (Ord. 538 § 10. Code 1996 § 2-111)

6.5.12 Noisy animals.

The keeping, or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition, and if he or she fails to do so, the city may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner. (Code 1996 § 2-112)

6.5.13 Animal confines – Shelters.

(a) 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.

(b) 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.

(c) All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d) 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.

(e) 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.

(f) 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 1996 § 2-113)

6.5.14 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 rendering or by other lawful means approved. No dead animal shall be dumped on any public or private property. (Code 1996 § 2-114)

6.5.15 Dangerous animals or reptiles.

(a) Prohibited. It shall be unlawful for any owner, keeper, harborer or possessor of a dangerous animal or reptile to allow such animal or reptile to be unconfined within the city limits.

(b) Defined. The words used in this section shall have the following definitions:

(1) “Dangerous animal or reptile” is any animal or reptile with a known propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals. Provided, however, no animal shall be deemed dangerous solely because it bites, attacks or menaces a trespasser on the property of the person who owns, keeps, harbors or possesses the animal.

(2) “Unconfined” occurs when the dangerous animal or reptile is not kept securely confined indoors and is thereby allowed to exit the building on its own volition or not kept outdoors within a securely enclosed and locked pen, kennel or structure except as herein authorized. Such pen, kennel or structure must have secure sides, a secure top attached to the sides, and a secure floor attached to the sides or the sides must be embedded in the ground no less than two feet, with the entrance or gate securely locked or latched. All such structures must comply with all building ordinances and regulations of the city and shall be adequately lighted, ventilated and kept in a clean and sanitary condition. Provided, however, a domestic animal may be exercised or walked if it is muzzled and restrained by a leash no longer than four feet in length which is in the physical control of a person of suitable age and discretion and may be transported if it is securely confined within a motor vehicle.

(c) Impounding. If a law enforcement officer or the animal control officer has probable cause to believe that a dangerous animal or reptile is being kept, harbored or cared for in violation of this section, the officer may petition the municipal court to order the seizure and impoundment of the animal or reptile pending trial.

(d) Penalties. Any person violating or permitting the violation of any provision of this section shall upon conviction in municipal court be fined a sum of not less than $50.00 and not more than $500.00. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. Further, the court may order the animal or reptile removed from the city. Should the defendant refuse to remove the animal or reptile from the city the municipal court judge shall find the defendant in contempt and order the immediate confiscation and impoundment of the animal or reptile and assess a fine in punishment of contempt in the amount of not less than $50.00 and not more than $500.00. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. Each day that a violation of this section continues may be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including sums for shelter, food, handling, veterinary care, and expert testimony, which are necessitated by the person’s failure to abide by the provisions of this section.

(e) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of the section. (Ord. 614 §§ 1 – 5. Code 1996 § 2-115)

6.5.16 Running at large.

It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in BSMC 6.5.17 or 6.10.07 (dogs). (Code 1996 § 2-116)

6.5.17 Impoundment – Fee – Notice – Record.

(a) The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the city or constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible.

(b) The city shall be entitled to receive from such owner an impoundment fee of $25.00, plus a daily fee of $10.00 for the cost of feeding and maintaining the animal while impounded.

(c) In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal control officer or police 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, describing the same with the date and place of taking, has been taken up, 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 impoundment, that the animal will be disposed of as provided in this code.

(d) The animal control officer shall each month submit a report showing the number of animals impounded and disposed of and the fees collected pursuant to this chapter, and shall pay those fees to the city clerk for credit to the general operating fund.

(e) In lieu of impounding an animal from at large, the animal control officer, humane officer, or police officer shall issue to the known owner of such animal a notice of ordinance violation. Such notice shall impose upon the owner a penalty of $7.00 which may, at the discretion of the animal control owner, be paid to any agency designated by the licensing authority within 72 hours in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period prescribed, a criminal warrant shall be initiated before a magistrate.

(f) The owner of an impounded animal may also be proceeded against for violation of this chapter.

(g) The licensing authority shall review automatically all licenses issued to animal owners against whom three or more ordinance violations have been assessed in a 12-month period. (Ord. 538 § 6; Ord. 901 § 2. Code 1996 § 2-117)

6.5.18 Redemption of impounded animals.

At any time before the sale or destruction of any animal impounded under the provisions of this chapter, except for animals impounded under BSMC 6.5.15 (vicious) and BSMC 6.5.19 (rabid), the owner thereof may redeem the animal by paying the animal control officer, or any person in charge, the impounding fee and all costs incurred as a result of such impoundment. (Code 1996 § 2-118)

6.5.19 Impoundment of rabies suspects.

(a) Any law enforcement officer or animal control 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 therefor. The health officer may authorize the keeping of any such animal on the owner’s 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.

(b) In lieu of the provisions of subsection (a) of this section, 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.

(c) 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 1996 § 2-119)

6.5.20 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:

(a) The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and

(b) If the bitten animal has a current vaccination, it shall be confined for 90 days; and

(c) 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

(d) If the animal is found to have contracted rabies during confinement, it shall be properly disposed of. (Code 1996 § 2-120)

6.5.21 Vehicular accidents involving animals.

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society, and they shall take appropriate action to alleviate any unnecessary suffering. (Ord. 538 § 7. Code 1996 § 2-121)

6.5.22 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 1996 § 2-122)

6.5.23 Commercial animal establishments.

(a) No person, partnership or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit in compliance with this section.

(b) The licensing authority shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this chapter and other applicable laws. The licensing authority may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals.

(c) Upon a showing by an applicant for a permit that he or she is willing and able to comply with the regulations promulgated by the licensing authority, a permit shall be issued upon payment of the applicable fee.

(d) The permit period shall begin March 1st and run for one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after March 1st. Application for permit to establish a new commercial animal establishment under the provisions of this chapter may be made at any time.

(e) If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his or her name upon payment of a $10.00 transfer fee.

(f) Annual permits shall be issued upon payment of the applicable fee:

(1) For each kennel authorized to house less than 10 dogs or cats, $25.00;

(2) For each kennel authorized to house 10 or more but less than 50, $50.00;

(3) For each kennel authorized to house 50 or more dogs or cats, $100.00;

(4) For each pet shop, $75.00;

(5) For each riding stable, $75.00;

(6) For each auction, $50.00;

(7) For each zoological park, $100.00;

(8) For each circus, $25.00;

(9) For each performing animal exhibition, $50.00;

(10) For each grooming shop, $50.00.

(g) Every facility regulated by this chapter shall be considered a separate enterprise and requires an individual permit.

(h) Persons operating kennels for the breeding of dogs or cats may elect to license such animals individually.

(i) No fee may be required of any veterinary hospital, animal shelter, or government-operated zoological park.

(j) Failure to obtain a permit before opening any facility covered in this section shall result in a fine of $200.00.

(k) Any person who has a change in the category under which a permit was issued shall be subject to reclassification and appropriate adjustment of the permit fee shall be made. (Ord. 538 § 3. Code 1996 § 2-123)

6.5.24 Commercial animal establishments – License and permit issuance and revocation.

(a) The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the licensing authority, or any law governing the protection and keeping of animals.

(b) Any person whose permit or license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored by such person and no part of the permit or license fee shall be refunded.

(c) It shall be a condition of the issuance of any permit or license that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspections is refused, revoke the permit or license of the refusing owner.

(d) If the applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license.

(e) No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.

(f) Any person having been denied a license or permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a $10.00 fee. (Ord. 538 § 4. Code 1996 § 2-124)

6.5.25 Penalties.

Any person violating any provision of this chapter shall be deemed guilty of a code violation and shall be punished by a fine of not less than $75.00* nor more than $500.00. If any violation is continuing, each day’s violation shall be deemed a separate violation. If any person is found guilty by a court of violating BSMC 6.15.01(a), his or her permit to own, keep, harbor, or have custody of animals shall be deemed automatically revoked and no new permit may be issued. (Ord. 538 § 13; amended during 2016 recodification. Code 1996 § 2-125)

* Code reviser’s note: At the city’s request, this section was amended as part of the 2016 recodification to change the minimum fine amount. The city intends to pass supporting legislation in the future.

6.5.26 Severability.

If any part of this chapter shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this chapter. (Ord. 538 § 15. Code 1996 § 2-126)