(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 saimangs.
(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 purposes, 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 1987)
(a) It shall be unlawful for any person or household to keep, harbor, own or in any way possess within the corporate limits of the City of Chapman, KS, more than one Potbellied Pig.
(b) Anyone, person, or household possessing a Potbellied Pig must register said animal with the City Clerk upon bringing the animal into the City and must state the age of the animal. Further, there shall be required a yearly license fee of $25 per year to possess said animal within the city limits.
(c) All Potbellied Pigs must be spayed or neutered and proof must be presented prior to obtaining a license.
(d) It shall be unlawful for the owner or harborer of any Potbellied Pig to permit such animal to run at large within the city at any time and any animal so found shall be impounded and subject to the penalties set forth in 2-206 in addition to any penalties herein after imposed.
(e) All Potbellied Pigs must be vaccinated and be free of disease and proof of vaccination and proof that the animal is free of disease must be submitted to the City when the yearly license is obtained.
(f) Any person violating or permitting the violation of any provision of this section shall upon conviction in the Municipal Court be fined a sum not less than $200.00 nor more than $1,000.00. In addition to the fine the court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty (30) days.
(Ord. 756; Code 2016)
(a) Definitions.
(1) “Pigeon” means a member of the family Columbidae, and shall include “Racing Pigeons”, “Fancy Pigeons” and “Sporting Pigeons” as defined in this article.
(2) “Racing Pigeon” means a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc. or the international Federation of Racing Pigeon Fanciers. Also, commonly known as Racing Homer, Homing Pigeon, or Carrier Pigeon.
(3) “Fancy Pigeon” means a pigeon which, through past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples: Fantails, Pouters, Trumpeters.
(4) “Sporting Pigeon” means a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: Rollers, Tipplers.
(5) “Loft” means the structure(s) for the keeping of housing of pigeons permitted by this article.
(6) “Mature Pigeon” means a pigeon aged six months or older.
(7) “Owner” means the owner of Pigeons subject to this article.
(b) Conditions. The keeping, breeding, maintenance and flying of pigeons shall be permitted on the following conditions:
(1) The loft shall be of such sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition.
(2) There shall be a least one (1) square foot of floor space in any loft for each mature pigeon kept therein.
(3) The construction and location of the loft shall not conflict with the requirements of any Building Code or Zoning Code of the city.
(4) All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin.
(5) The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the city.
(6) All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others.
(7) All pigeons shall be fed within the confines of the loft.
(8) No one shall release pigeons to fly for exercise, training or competition except in compliance with the following rules:
(A) The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.
(B) Pigeons will not be released for flying which have been fed within the previous 4 hours.
(i) Pigeons shall be banded and registered with one of the national pigeon associations/registries.
(c) Permit. On application signed by the owner, on such form as shall be provided by the city, wherein the owner shall certify that his loft(s) comply with applicable building, and zoning codes, and upon payment of a fee of $100.00, a permit shall be issued to the owner, which shall remain in full force and effect unless suspended or revoked, or unless the use of the loft be discontinued for a period of one year.
(d) Right
of entry for inspection. The Animal Control Officer may enter and
inspect any property or loft at any reasonable time for the purpose of
investigating either an actual or suspected violation or to ascertain
compliance or noncompliance with this article.
(e) Violation
and penalties. When the Animal Control Officer finds a violation to have
occurred, the officer shall give written. Notice thereof to the owner. If said
violation is not remedied within ten (10) days, the Animal Control Officer may
issue a citation to appear in municipal court to answer the charges stated
thereon. Any owner found violating any of the provisions of this article shall
upon conviction be guilty of a misdemeanor punishable by a fine not to exceed
the sum of$100.00. Three convictions within eighteen (18) months shall result
in the revocation of the permit.
(Ord. 915; Code 2016)
(a) Definitions.
(1) Permittee means a person to whom a permit has been issued by the city under this section.
(2) Chicken means an individual animal of the species Gallus gallus domesticus.
(3) Hen means the female chicken.
(4) Rooster means the male chicken.
(b) Permit required. No person shall own, keep, or harbor a chicken within the city limits without a permit issued pursuant to this section.
(c) Number allowed. A permittee shall not own, keep, or harbor more than six (6) hens.
(d) Roosters prohibited. It shall be unlawful to own, keep, or harbor a rooster within the city limits.
(e) Setbacks. Coops and cages housing hens shall not be located within:
(1) twenty-five feet from the door or window of any dwelling or occupied structure other than the permittee's dwelling;
(2) five (5) feet of a side or rear yard lot line;
(3) in a front yard;
(4) ten (10) feet of the permittee's principal dwelling.
(f) Enclosures. Hens shall be provided with a covered, predator-proof coop or cage that is well ventilated and designed to be easily accessed for cleaning. The coop or cage shall allow at least two (2) square feet of space per hen. Any coop or cage exceeding 100 square feet in size shall be considered an accessory structure as defined in the Zoning Regulations and must meet all standards outlined therein. Hens shall have access to an outdoor enclosure that is adequately fenced to contain the birds on the permittee's property and to prevent predators from accessing the birds.
(g) Sanitation. The coop or cage, and the outdoor enclosure, must be kept in a sanitary condition and free from offensive odors. The coop or cage must be cleaned at least once each week to prevent the accumulation of waste.
(h) Slaughtering. No person shall engage in outdoor slaughtering of chickens. The remnants from slaughtering shall be properly disposed of, in accordance with applicable laws.
(i) Permit applications.
(1) Each applicant seeking to obtain a permit under this section shall apply for a permit in writing on such form as the city clerk may prescribe and shall pay a nonrefundable fee to the city clerk in the amount of $25.00.
(2) Each application for a permit shall be signed by the applicant, who shall be at least eighteen (18) years old, and who shall be in actual control or possession of the dwelling on the subject property. The application shall include or be accompanied by the following information:
(A) The name, address, telephone number, and date of birth of the applicant.
(B) A description of the location and size of the subject property.
(C) The number of hens the applicant proposes to keep on the subject property.
(D) A description and precise dimensions of the coop or cage and outdoor enclosure to be maintained on the subject property, along with a description or depiction of the precise location of the enclosure(s) in relation to the property lines, adjacent properties, and dwellings/structures located on the subject property.
(E) If the applicant proposed to keep hens in the yard of a multi-family dwelling, the applicant must include a signed statement from the owner and all tenants of the multi-family dwelling, indicating their consent to the applicant's proposal for keeping hens on the premises.
(F) Such other information as required by this chapter or reasonably required by the city to determine the applicant's eligibility and qualifications for a permit in accordance with the criteria, standards, and qualifications set forth in this section.
(j) Issuance or denial of permit.
(1) The city clerk shall process each valid and administratively complete application for a permit within ten (10) business days.
(2) No permit shall be approved for any person ineligible pursuant to the provisions of this section.
(3) No permit shall be approved for any person who has been convicted, or who resides with any person in the subject property who has been convicted, of a crime related to maltreatment, mistreatment, neglect, or cruelty to any animal.
(k) Duration of initial permit: renewal.
(1) Any permit issued pursuant to this article shall be for a term of the remainder of the calendar year in which the permit is issued. A permit may be renewed by making timely payment of an annual renewal fee in the amount of $25.00 to the city clerk on or before December 31 of each calendar year. If the annual renewal fee is not paid during the time provided herein, the permit shall expire on December 31 and a new application shall be required.
(2) A permit issued under this section may be revoked or temporarily suspended by the city administrator for any of the following reasons:
(A) Violation of or failure to comply with any provision of this section, or any other provision in this code or applicable city ordinances; or
(B) Fraud, misrepresentation, or false statement contained in the application for the permit.
(l) Appeal. Any person aggrieved by the city clerk's denial of an initial permit application, or a decision of the city administrator to suspend or revoke a permit, shall have the right to appeal such decision to the city council within ten (10) days after the notice of the action or decision has been mailed to the applicant or the permittee, as applicable. An appeal to the city council shall be taken by filing with the city clerk a written statement setting forth the grounds for the appeal. An appeal shall be considered within thirty (30) days of receipt of the written appeal. The city council may affirm, overrule, or modify the decision. Any person aggrieved by the city commission's decision on appeal may seek judicial review in a manner provided by law.
(m) Inspection. As a condition of the permit, the permittee agrees to the entry and inspection of any premises, building, enclosure, or other premises where the hens are kept or allowed to inhabit. Such inspections shall be conducted at reasonable times, with or without notice, by such city representatives designated by the city administrator as being responsible for administration of this section.
(n) Transferability. A permit issued under this section shall not be assignable or transferable under any circumstances from one person to another person.
(o) Penalty. A violation of this section shall constitute a class C violation. Any person who shall be convicted in municipal court of violating any provision of this section shall be punished by a fine of not more than $500.00. Each day that a violation occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation.
(Ord. 1070)