(a)      Applicant means a person at least 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.

(b)     Approved location means a location which has been continuously used for the purpose of keeping or harboring at least one inherently dangerous animal, beginning on a date which is 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.

(c)      At large means the act of an animal which constitutes:

(1)          Being off the property of the owner; and/or

(2)          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

(3)          In the case of an inherently dangerous animal, not being properly restrained as required by Section 2-504(b)(1)(m) and Section 2-504(c)(1)(l) of this article.

(d)     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.

(e)      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.

(f)      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:

(1)          The sides shall be embedded or buried two feet into the ground;

(2)          The sides must be secured into a concrete pad or slab; or

(3)          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.

(g)      Fowl means all animals that are included in the zoological class Aves.

(h)     Governing Body means the Governing Body of the City of Goddard, Kansas

(i)      Harbor means to keep, to maintain, to have in one’s possession, to have under one’s control or to allow any animal to habitually remain or lodge or to be fed or to be given shelter or refuge within a person’s 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.

(j)      Inherently dangerous animal means an inherently dangerous mammal and/or an inherently dangerous reptile.

(k)     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:

(1)          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 ).

(2)          Felidae includes any member of the cat family weighing over 15 pounds, not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus).

(3)          Ursidae includes any member of the bear family, or any hybrids thereof.

(l)      Inherently dangerous reptile is any live member of the class reptilia which:

(1)          Is venomous, including, but not necessarily limited to, all members of the following families: Helodermidae; Viperidae; Crotalidae; Atractaspidae; Hydrophilidae; and Elapidae.

(2)          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.

(3)          Is of the family Boidae (boas and pythons); specifically the following species: Python reticulatus; Eunectes sp.; Python sebae; and Python Molurus.

(4)          Is a member of the order Crocodilia (crocodiles, alligators, and caiman).

(m)    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:

(1)          Deprives the animal of necessary sustenance, including but not limited to:

(A)         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 animal’s species and age, and sufficient to maintain a reasonable level of nutrition in each animal; or

(B)          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;

(2)          Deprives the animal of proper shelter, with insulation if necessary for protection from the weather;

(3)          Deprives the animal of exercise appropriate to the animal’s species except for normal and customary husbandry practices;

(4)          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;

(5)          Causes the animal to be kept in an unsanitary condition:

(6)          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;

(7)          Causes the animal to be abandoned; or

(8)          Causes, instigates or permits the animal to be trained to fight other animals or humans.

(n)     License holder or licensee means a person at least 18 years of age who has a valid inherently dangerous animal license and is in compliance with all provisions of this ordinance.

(o)     Notice means written notice to the owner of an animal which:

(1)          Is mailed or hand-delivered to the owner’s address of record on the license issued to that owner for the licensed animal;

(2)          Is mailed or hand-delivered to the owner’s address as ascertained from any other public record.

(3)          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;

(4)          Has been tacked, taped or attached upon or to the owner’s premises or dwelling, if such can be ascertained; or

(5)          Has been left with a person of suitable age and discretion at such owner’s 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.

(p)     Owner means any person who:

(1)          Has a right of property in an animal;

(2)          Keeps or harbors an animal;

(3)          Has an animal in that person’s care:

(4)          Acts as a custodian of an animal;

(5)          Licenses an animal in compliance with the ordinances of the City of Goddard; and/or

(6)          Obtains a vaccination certificate or veterinarian’s 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.

(q)     Person means an individual, organization, partnership or corporation.

(r)      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.

(s)      Take up means to put into physical custody and impound at an animal shelter or veterinary hospital.

(t)      Trained personnel means an individual, at least 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.

(u)     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 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.

(v)     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.

(w)     Veterinarian means a doctor of veterinary medicine currently licensed by the State of Kansas.

(x)     Veterinarian’s 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.

(y)     Wild animal means a living mammal or marsupial which is normally found in the wild.

(Ord. 545)

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)

The following shall be exempt from the prohibition of harboring inherently dangerous animals in the City of Goddard, Kansas:

(a)      Any facility accredited by the Association of Zoos and Aquariums (AZA).

(b)     Licensed or accredited medical institutions.

(c)      Accredited educational institutions.

(d)     Veterinary clinics in possession of inherently dangerous animals for treatment or rehabilitation purposes.

(e)      Traveling circuses.

(f)      Persons temporarily transporting inherently dangerous animals through the City of Goddard, provided that the transit time shall not be more than one day.

(g)      A person licensed under this article to own or harbor one or more inherently dangerous animals at an approved location.

(Ord. 545)

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:

(a)      Application procedure

(1)          Completion of application form and submittal of documents; filing.

(A)         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.

(i)           License application forms are available in the Goddard City Clerk’s office.

(ii)          Completed license applications and accompanying documents shall be filed with the Goddard City Clerk’s office.

(iii)         Renewal license applications shall be filed with the Goddard City Clerk’s 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.

(B)          The information and documents required to be submitted for consideration by the Governing Body shall include, but not be limited to, the following:

(i)           Name, mailing address, street address, daytime telephone number and evening telephone number of the owner of the inherently dangerous animals;

(ii)          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;

(iii)         Common address and legal description of the approved location at which inherently dangerous animals are to be harbored;

(iv)         Name, daytime telephone number and evening telephone number of person or persons to be contacted in case of an emergency;

(v)          Copy of U.S. Department of Agriculture Animal Welfare License.

(vi)         Certificate of insurance;

(vii)        License application fee in the amount of $100;

(viii)       Copy of escaped animal procedures;

(ix)         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: (a) 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 (b) 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

(C)          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.

(2)          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.

(3)          Review and decision by Governing Body. Upon receipt of a completed license application that has been filed with the City Clerk’s office, the Governing Body shall have 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 Clerk’s Office whether its application has been granted or denied.

(A)         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 ..

(b)     Standards for housing and care of inherently dangerous mammals.

(1)          General Requirements.

(A)         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;

(B)          Shift cage. Each primary enclosure shall have access to a shift cage to permit safe feeding, cleaning, cage repair or other separations;

(C)          Locks. All enclosures shall be locked with a key or combination lock when inherently dangerous mammals are within the enclosure;

(D)         Secondary latch. All enclosures shall have a secondary latch;

(E)          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;

(F)          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;

(G)         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;

(H)         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;

(I)           Food. All inherently dangerous mammals shall have access to food which shall maintain the animal’s proper weight, nutrition, and health;

(J)           Medical attention. Proper medical attention shall be provided when and as necessary to maintain the inherently dangerous mammals in a healthy condition;

(K)         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 Section 2-504(a)(1)(B)(ix) herein;

(L)          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;

(M)         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.

(2)          Additional requirements for Canidae and hybrids thereof.

(A)         Enclosure dimensions. A single small canid, or hybrid thereof, weighing less than 35 pounds shall have an enclosure measuring at least eight feet by 12 feet. It shall be either a minimum of eight feet high with a covered top or a minimum of 14 feet high with either an inward-facing overhang of not less than 18 inches at an angle of 45 degrees or have a 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 50%. A single large canid, or hybrid thereof, weighing 35 pounds or more shall have an enclosure measuring at least 10 feet by 15 feet. For each additional large canid, or hybrid thereof, the floor space of the enclosure shall be increased by 50%. It shall be either a minimum of eight feet high with a covered top or a minimum of 14 feet high with either an inward-facing overhang of not less than 18 inches at an angle of 45 degrees or have a 110 volt electric wire to prevent the animals from escaping.

(B)          Enclosure materials. Enclosures for canids and hybrids thereof shall be constructed of not less than 11 gauge chain link or its equivalent for mammals of an adult weight less than 35 pounds and nine gauge chain link or its equivalent for animals of an adult weight of 35 pounds or more.

(3)          Additional requirements for Felidae and hybrids thereof.

(A)         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 24 feet by 12 feet. It shall be either a minimum of eight feet high with a covered top or a minimum of 14 feet high with either an inward-facing overhang of not less than 18 inches at an angle of 45 degrees or have a 110 volt electric wire to prevent the animals from escaping. Floor space of a cage shall be increased by 50% for each additional animal.

(B)          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 20 feet by 10 feet by eight feet high with a covered top. Floor space of a cage shall be increased by 50% for each additional animal.

(C)          Enclosure dimensions for smaller felids. A small felid, having an adult body weight of more than 15 pounds but less than 44 pounds, including any hybrids but excluding the domestic cat (Felis catus) shall be maintained in cages with minimum cage dimensions for a single small felid of seven feet by 10 feet by eight feet high with a covered top. Floor space shall be increased by 50% for each additional animal.

(D)         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.

(4)          Additional requirements for Ursidae and hybrids thereof.

(A)         Enclosure dimensions. All enclosures for a solitary adult bear or hybrid thereof shall measure at least 24 feet by 12 feet with a 10 foot high covered top. Floor space of a cage shall be increased by 50% for each additional animal.

(B)          Enclosure materials. Enclosure material shall be constructed of welded bars or not less than nine gauge chain link appropriately secured, or its equivalent.

(c)      Standards for housing and care of inherently dangerous reptiles.

(1)          General Requirements.

(A)         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;

(B)          Locks. All enclosures shall be locked with a key or combination lock when inherently dangerous reptiles are within the enclosure;

(C)          Secondary latch. All enclosures shall have a secondary latch;

(D)         Doors. Doors shall swing into the enclosure rather than out;

(E)          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;

(F)          Security of enclosures. Enclosures shall be secure and escape-proof;

(G)         Climate. Species appropriate temperature, lighting, and shelter shall be provided at all times;

(H)         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;

(I)           Medical attention. Proper medical attention shall be provided when and as necessary to maintain the inherently dangerous reptiles in a healthy condition;

(J)           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 Section 2-504(a)(1)(B)(ix) herein;

(K)         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.

(L)          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.

(2)          Additional requirements for venomous snakes and large constricting snakes.

(A)         Enclosure dimensions. One or two venomous snakes or large constricting snakes shall have an enclosure with a perimeter measuring 11’2 times the length of the longest confined snake. For each additional snake, the floor area of the enclosure shall be increased by 25%.

(B)          Enclosure materials. Enclosures shall be fronted with a minimum of 3/16 inch thick plexiglass or tempered glass. Ventilation openings shall be covered with 1/16 inch mesh. Enclosures shall be structurally sound and may be constructed of waterproof plywood at least 1/4 inch thick, concrete plastered over wire, sheet metal, fiberglass, or a minimum of 1/4 inch thick molded plastic.

(i)           Ventilation openings on enclosures containing venomous snakes shall be covered with double walls of 1/16 inch mesh sufficient to prevent penetration of fangs to outside of the enclosure.

(3)          Additional requirements for gila monsters and beaded lizards.

(A)         Enclosure requirements. One or two lizards shall have an enclosure with a minimum enclosure length of 1½ times the length of the longest confined lizard and a minimum enclosure width of four 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 100%.

(4)          Additional requirements for crocodilians.

(A)         Enclosure requirements. The floors of outdoor enclosures shall be of concrete or masonry construction. Walls shall be a minimum height of four feet and constructed of wire mesh no smaller than 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.

(B)          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 50% of enclosure area.

(C)          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.

(i)           Pools shall be full of water at all times. The water shall be continuously filtered or replaced on a weekly basis.

(D)         Shift cages. Enclosures for crocodilians greater than five feet in length must have shift facilities to permit safe cleaning, cage repair, or other separations. Shift cages shall measure at least eight feet by five feet.

(E)          Lighting. Indoor facilities shall be equipped with full spectrum fluorescent lighting and heat lamps for basking.

(d)     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:

(1)          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:

(A)         Perimeter fencing shall completely enclose the entire approved location;

(B)          Perimeter fencing shall be a minimum of eight feet tall;

(C)          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;

(D)         Gates providing access to the approved location which is surrounded by the perimeter fencing shall be closed at all times.

(i)           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.

(2)          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)         A secondary barrier shall completely surround any and all enclosures that house inherently dangerous animals;

(B)          A secondary barrier shall be a minimum of eight feet tall;

(C)          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;

(D)         Gates providing access to the area surrounded by the secondary barrier shall be closed at all times.

(i)           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.

(E)          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 24 hours per day, seven days per week.

(F)          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:

(i)           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 48 hours of such revisions being made;

(ii)          All personnel shall regularly receive training in such procedures;

(iii)         Escaped animal procedures shall include a requirement to call 911 within five minutes of an escape;

(iv)         The location of telephone numbers of persons to contact in case of an escape shall be part of the escaped animal procedure.

(G)         Insurance requirements. Certificate of insurance indicating proof of liability insurance in the minimum amount of one million dollars, 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 30 calendar days prior notice to the City of Goddard in care of the City Clerk’s office before any material change or cancellation of insurance is effective.

(H)         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)

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:

(a)      Revocation of license.

(1)          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.

(2)          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.

(3)          Any license holder who is dissatisfied with a decision of the Governing Body made pursuant to this section may appeal such decision within 10 days to the District Court of Sedgwick County, Kansas.

(b)     Impoundment: disposition of impounded animals.

(1)          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 takeup, 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.

(2)          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.

(3)          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.

(4)          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.

(c)      Criminal proceedings.

(1)          Violation of this section shall be punishable by a fine of not more than $2,500 or imprisonment of not more than one year, or both such fine and imprisonment. Each day’s violation constituting a separate offense.

(d)     Other remedies.

(1)          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.

(e)      Remedies cumulative.

(1)          The remedies provided herein shall be cumulative.

(Ord. 545)

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 years from the date of transfer.

(Ord. 545)

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 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)

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)

Should an approved location not be used for the harboring of inherently dangerous animals for 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)

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)

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)