ARTICLE 3. OTHER ANIMALS

2-301. EXOTIC ANIMALS.

(a)    It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.

(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 poisonous animals including rear-fang snakes.

(2)    Apes: Chimpanzees; gibbons; gorillas, orangutans; and siamangs.

(3)    Baboons.

(4)    Badgers.

(5)    Bears.

(6)    Bison.

(7)    Bobcats.

(8)    Cheetahs.

(9)    Crocodilians, 30 inches in length or more.

(10)    Constrictor snakes, six feet in length or more.

(11)    Coyotes.

(12)    Deer; includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.

(13)    Elephants.

(14)    Game cocks and other fighting birds.

(15)    Hippopotami.

(16)    Hyenas.

(17)    Jaguars.

(18)    Leopards.

(19)    Lions.

(20)    Lynxes.

(21)    Monkeys.

(22)    Ostriches.

(23)    Pumas; also known as cougars, mountain lions and panthers.

(24)    Raccoons.

(25)    Rhinoceroses.

(26)    Skunks.

(27)    Tigers.

(28)    Wolves.

(c)    The prohibitions of this section shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions, or medical institutions, if:

(1)    Their location conforms to the provisions of the zoning ordinance of the city.

(2)    All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

(3)    Animals are maintained in quarters so constructed as to prevent their escape.

(d)    The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or removed from the city.

(Code 2008)

2-302. THERAPEUTIC ANIMALS.

(a)    The city clerk and/or animal control officer shall approve the keeping of no more than one animal classified as a therapeutic support animal with approved application and permit. Applicant must show proof that the animal will be of substantial therapeutic value to its owner or a member of the owner’s household, based on a certification from a licensed physician, psychologist, clinical social worker, or marriage, family, and child counselor, or other satisfactory evidence.

(b)    A letter from the land/property owner stating permission for the therapeutic animal on the premises must be provided at the time of application.

(c)    Proof must be provided showing all surrounding neighbors are in favor of allowing the animal to reside at the address applied for. Failure to receive approval from all neighbors will result in a hearing before the governing body to issue final approval or refusal.

(d)    Permits must be renewed annually. No permit shall be issued until an inspection certificate has been issued by the animal control officer certifying approval of the housing location and compliance with applicable laws of the city and of the state of Kansas. ACO will certify that housing complies with zoning laws of the city. If the city clerk has not received any protest of the therapy animal, the city clerk may issue a renewal of an existing therapeutic animal permit at the same location without any report from the ACO. If the animal control officer finds that the holder of any therapeutic animal permit is violating any zoning law or any other law of the state of Kansas, or of the city, or is maintaining the animal in a manner detrimental to the health, safety, or peace of mind of any person residing in the immediate vicinity, he or she shall report such facts to the city clerk, and the permit shall not be renewed except after a hearing before the governing body.

(e)    The animal control officer or law enforcement officer shall have the right to inspect any premises permitted under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a permit shall constitute consent to such entry and inspection.

(f)    The governing body may suspend or revoke a therapeutic animal permit if, pursuant to a public hearing, it finds any of the following:

(1)    The animal is being maintained in violation of any applicable law of the state of Kansas, or of the city.

(2)    The animal is being maintained as to be a public nuisance.

(3)    The animal is being maintained as to be detrimental to the health, safety, or peace of mind of persons residing in the immediate vicinity.

(g)    Proof of vaccinations will be required annually at the time of registration and a fee of $5.00 for intact animals and $3.00 for those who have been spayed or neutered.

(h)    The annual therapeutic animal fee shall be $50.00. Payment of such permit fee is in addition to, and not in lieu of, the registration fees otherwise required under this chapter.

(Ord. 2020-05)