Lenexa, Kansas Lenexa City Code

Title 3 PUBLIC HEALTH AND SAFETY

Lenexa City Code

Chapter 3-2 ANIMALS AND ANIMAL CONTROL

ARTICLES:

3-2-A PURPOSE AND INTENT
3-2-B DOG AND CAT LICENSING PROVISIONS
3-2-C ANIMAL CARE
3-2-D ANIMAL NUISANCES
3-2-E BEEKEEPING
3-2-F ADMINISTRATION AND ENFORCEMENT
3-2-G DEFINITIONS
3-2-H LIVESTOCK AND POULTRY REGULATIONS
3-2-I EXOTIC/WILD ANIMAL REGULATIONS

Article 3-2-A PURPOSE AND INTENT

Sections:

3-2-A-1 PURPOSE.

Section 3-2-A-1 PURPOSE.

The purpose of this Chapter is to :

Protect animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards;
Delineate the animal owner's responsibility for the acts and behavior of his animal at all times;
Provide security to residents from annoyance, intimidation, injury and health hazards by animals; and
Encourage responsible pet ownership.

Article 3-2-B DOG AND CAT LICENSING PROVISIONS

Sections:

3-2-B-1 LICENSE REQUIRED.
3-2-B-2 APPLICATION FOR LICENSE.
3-2-B-3 RABIES INOCULATION REQUIRED; CERTIFICATE.
3-2-B-4 LICENSE FEES; EXEMPTION.
3-2-B-5 LICENSE PERIOD; PAYMENT OF FEES.
3-2-B-6 ISSUANCE OF LICENSE.
3-2-B-7 LICENSE TAGS.
3-2-B-8 NUMBER OF DOGS AND CATS LIMITED; SPECIAL PET PERMIT.
3-2-B-9 KENNELS.
3-2-B-10 ZONING DISTRICT REGULATIONS.

Section 3-2-B-1 LICENSE REQUIRED.

It shall be unlawful for any person to own any dog or cat over six (6) months old, unless such dog or cat is licensed as provided herein.

The provisions of this Section shall not apply to licensed veterinary agencies, animal shelters, kennels, or to animals which are temporarily harbored in the City for a period of not more than ten (10) days.

Section 3-2-B-2 APPLICATION FOR LICENSE.

Written application for license shall be made annually by the owner on a form provided by the City. The owner shall be identified by name, address and telephone number and the dog or cat by its name, sex, age, breed, color, and whether spayed or neutered. The rabies inoculation tag number, expiration date and administering veterinarian must also be provided.

Section 3-2-B-3 RABIES INOCULATION REQUIRED; CERTIFICATE.

It shall be unlawful for any person to own any dog, cat, or ferret over six (6) months old, unless such dog, cat, or ferret has been inoculated for rabies by a licensed veterinarian.

The rabies inoculation receipt, issued by a veterinarian at the time of vaccination, shall be maintained by the owner of the dog, cat, or ferret and exhibited promptly upon request for inspection by the Animal Control Officer.

Section 3-2-B-4 LICENSE FEES; EXEMPTION.

The license fees shall be as provided by ordinance or resolution or as otherwise permitted.

Any resident owning a service dog, as defined in Section 3-2-G-6, shall be exempt from the payment of a license fee for that animal upon submittal to Animal Control of adequate proof that the dog is trained and utilized as a service dog. Service dogs must still obtain a license, and will be counted toward the total number of animals permitted under this Code.

Any resident owning a police dog or a retired police dog, as defined in Section 3-2-G-5, shall be exempt from the payment of a license fee for that animal upon submittal to Animal Control of adequate proof that the dog is currently utilized by, or retired from service with, a public law enforcement agency. Licenses are not required for police dogs utilized by a public law enforcement agency within the City, unless they reside in the City when not on duty. In that case, they must still obtain a license, and will be counted toward the total number of animals permitted under this Code.

Section 3-2-B-5 LICENSE PERIOD; PAYMENT OF FEES.

The license year shall be from January 1 through December 31 of each year. License fees are not prorated if purchased for less than one year.

The owner of any dog or cat over six (6) months of age shall annually license the animal and pay the applicable license fee to the City. The owner may purchase City animal tags at any participating veterinarian, which may include an additional administrative fee.

Section 3-2-B-6 ISSUANCE OF LICENSE.

A license shall be issued upon completion of the application form, submission of the certificate of vaccination and the payment of the license fee, unless exempted from license fees under Section 3-2-B-4 of this Article.

Section 3-2-B-7 LICENSE TAGS.

Licenses shall be issued in the form of a durable tag which shall be fastened to the dog or cat's collar or harness and worn at all times. License tags are not transferable. If a tag is lost, a duplicate tag will be issued upon sufficient evidence of prior licensing and payment of a fee as provided by ordinance or resolution or as otherwise permitted.

Section 3-2-B-8 NUMBER OF DOGS AND CATS LIMITED; SPECIAL PET PERMIT.

Number Limited; Special Pet Permit Required: It shall be unlawful to own more than two (2) dogs and/or two (2) cats at the same address or on the same premises, without first obtaining a special pet permit.
Application For Special Pet Permit; Fee; Investigation: Any person who desires to own more than two (2) dogs and/or two (2) cats may apply to the City for a special pet permit. The application shall be made on a form provided by the City and accompanied by a nonrefundable application fee as provided by ordinance or resolution or as otherwise permitted. The application shall: (1) include the name, address, and telephone number of the applicant; (2) identify each animal to be located at the address or premises by its name, breed, age, sex (including whether or not animal is spayed or neutered), and City license number (if applicable); (3) identify whether the applicant owns, leases, or rents the property where the animals are to be kept; (4) identify the property owner(s) by name, address, and telephone number, if the property is leased or rented; and (5) list any other person who may share in the care, custody and control of the animals.
1. Following application, Animal Control will attempt to notify all neighboring property owners, residents or businesses (hereinafter “neighbor” or “neighbors”), and the owner(s) of the applicant’s property if different than the applicant, of the pending application. The neighbors, and owner(s) if applicable, may provide comments regarding the application to Animal Control. Any comments submitted in writing are subject to the Kansas Open Records Act and cannot be kept confidential. For purposes of this section, "neighbors" shall include, but not be limited to, all properties abutting the applicant’s property, without regard to public right-of-way or publicly owned open space.
2. Animal Control shall have authority to order that any animals in excess of those lawfully permitted be removed from the applicant’s property during the processing of the application. Animal Control shall have discretion to temporarily allow some or all of the animals in excess of those lawfully permitted to remain at the property during the processing of the application if it appears to Animal Control that the temporary keeping of said animals will not create or contribute to a nuisance situation, or negatively affect the health, safety, and welfare of the animals, neighbors, or of the general public. It shall not be a defense to a violation of this Section that an application for a special pet permit has been submitted to, or is pending with, the City.
3. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. Refusal to allow such entry or inspection shall be grounds for denial or revocation of the permit. Notice need not be given to any person prior to inspection; however, Animal Control will attempt to schedule a mutually agreeable time for the initial inspection. During the initial inspection, Animal Control will consider whether the keeping of said animals may in any way create a nuisance; negatively affect the health, safety, or welfare of the animals, neighbors, or of the general public; or violate any provisions of this Code.
4. Following the initial inspection, Animal Control shall prepare a written report of its investigation, including its decision to approve, conditionally approve, or deny the application. In preparing said report, Animal Control may consider, but is not limited to, the following factors: whether the keeping of the animals may negatively affect the health, safety or welfare of the animals, neighbors, or of the general public; whether the keeping of the animals will likely create a nuisance or disturb the peace and quiet of the surrounding areas; comments of the property owner(s) and/or neighbors; and any prior complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or other person(s) who may be responsible for the care of the animals.
Approval or Denial; Right to Appeal:
1. The City shall provide written notice of Animal Control's decision to approve, conditionally approve, or deny the application to the applicant at the address provided on the application.
2. If approved, the additional animals must be licensed within seven (7) days from the date the notice of approval is mailed by the City. The special pet permit shall be issued for the specific animals listed in the application and shall not be transferable to any other animals, owners, or to any other address or premises. No additional dog(s) and/or cat(s) may be added to the address or premises without first applying for and obtaining approval of a new special pet permit identifying the additional animal(s).
3. If conditionally approved, the additional animals must be licensed within seven (7) days from the date the notice of conditional approval is mailed by the City. The notice of conditional approval shall also identify the specific conditions the applicant must meet and/or maintain throughout the duration of the permit. Failure to meet and/or maintain any specified conditions shall be grounds for revocation of the permit.
4. If the special pet permit is denied, any additional animals that were permitted to remain on the premises during the processing of the application must be removed from the property within seven (7) days from the date the notice of denial is mailed to the applicant by the City. This is a mandatory requirement that cannot be suspended by the filing of an appeal. If the applicant fails or refuses to remove the additional animals, Animal Control is authorized to have said animals impounded and held until any applicable holding period has run or any appeal to the Lenexa Municipal Court is finalized, whichever is later. The applicant shall be responsible for all costs associated with impoundment and boarding under this Section.
5. A period of six (6) months following the date of denial, or revocation as provided in subsection E below, must elapse before another application for the same owner, same animals, or same location can be submitted. This six (6) month waiting period may be waived by Animal Control if it is determined that a material change in circumstances has occurred.
6. Any applicant who is denied a special pet permit, or whose existing permit is revoked as provided below, may appeal that decision to the Lenexa Municipal Court for an administrative hearing thereon. The applicant must file a written notice or statement of appeal with the Municipal Court Clerk, and pay a non-refundable administrative filing fee in an amount as provided by ordinance or resolution or as otherwise permitted, within ten (10) days from the date the notice of the decision was mailed by the City. No appeal shall be set for a hearing unless both said fee and written notice of appeal are received by the Court Clerk within the ten (10) days. The matter shall be scheduled for a hearing within fourteen (14) days after the appeal is perfected (i.e. both fee and notice of appeal received).
  1. The hearing on appeal shall be conducted by the Lenexa Municipal Judge, or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard.
  2. The issues for determination shall be whether the decisions, actions, or findings of Animal Control were within the scope of their authority, supported by substantial competent evidence, and not arbitrary or capricious in nature. The administrative judge shall make specific findings of fact and conclusions of law in each appeal.
  3. The decision of the administrative judge shall be final.
Duration and Renewal:
1. A special pet permit shall expire on December 31 of the calendar year in which it is issued. It may be administratively renewed by the City for the next calendar year so long as the following conditions are met:
  1. The applicant has paid the nonrefundable renewal fee as provided by ordinance or resolution or as otherwise permitted.
  2. The animals subject to the permit are the same specific animals listed on the original application; provided, that a special pet permit may be administratively renewed if renewal is sought for a lesser number of animals than those listed on the original application, due to the death or removal of one or more of the animals, so long as no animal(s) have been replaced or added.
  3. All animals have current licenses and vaccinations.
2. Failure to pay the renewal fee on or before December 31 of each year subjects the owner to late fees as provided by ordinance or resolution or as otherwise permitted, as well as citations if the additional animals are still maintained on the property. Further, failure to pay the renewal fee or any applicable late fees shall be sufficient grounds for revocation of the permit.

Revocation Of Special Pet Permit: A special pet permit may be revoked at any time by the City upon a showing that the applicant, or any other person having custody or control over any of the animal(s) subject to the permit, has allowed a condition to exist that constitutes a nuisance or otherwise negatively affects the health, safety, or welfare of the animals, neighbors, or of the general public; or has failed to comply with any of the requirements of the permit or of this Code; or was involved in any activity prohibited by Federal, State or local law; or if it is determined that the applicant provided false or misleading information in the application. The City shall provide written notice of revocation to the applicant at his or her last known address address via first class mail. The notice shall include the basis for the revocation, the effective date of the revocation, and the date at which time the additional animals must be removed from the residence or premises. Removal and/or impoundment of the animals shall be governed as provided in subsection C-4 above. The applicant has the right to appeal the revocation of the permit, as provided in subsection C-6 above; however, the non-permitted animals must be removed from the premises by the date set by the City in the notice of revocation regardless of whether an appeal is filed or heard.

Section 3-2-B-9 KENNELS.

Any person engaged in the business of raising or boarding domestic non-farm animals for profit or trade who shall own or maintain said animals must obtain a special use permit and a business license pursuant to applicable Lenexa Code provisions. The provisions of this Section shall not apply when the number of animals raised or boarded is no greater than that which is permitted by right pursuant to a City pet license or by special pet permit, in accordance with the provisions of this Article.

*See also subsection 4-1-B-23-F of this Code, zoning supplementary use regulations.*

Section 3-2-B-10 ZONING DISTRICT REGULATIONS.

All zoning district regulations as set out in Title 4 of this Code must be met before any licensing or permits are issued (or animals are allowed) for any restricted animal. It shall be unlawful for any owner to maintain any restricted animal in a zoning district which clearly prohibits said animal, unless said animal may be subject to a special use permit.*

*See See Section 4-1-G-6 of this Code.*

Article 3-2-C ANIMAL CARE

Sections:

3-2-C-1 RESPONSIBLE ANIMAL CARE.
3-2-C-2 CRUELTY TO ANIMALS.
3-2-C-3 INJURED OR ILL STRAY ANIMALS.
3-2-C-4 TRAPPING ANIMALS.
3-2-C-5 PENS, YARDS, CORRALS OR RUNS.
3-2-C-6 FENCES.
3-2-C-7 PERFORMING ANIMAL EXHIBITIONS.
3-2-C-8 ENDANGERED AND PROTECTED ANIMALS.

Section 3-2-C-1 RESPONSIBLE ANIMAL CARE.

It shall be unlawful for any owner to fail to provide for his animal:

Sufficient quantity of good and wholesome food and potable water;
A structurally sound, weatherproof enclosure, large enough to accommodate the animal;
Veterinary care when needed to prevent suffering;
Safe, responsible, and humane treatment; or
Adequate exercise for chained, kenneled or penned animals.

Section 3-2-C-2 CRUELTY TO ANIMALS.

Cruelty to animals:
1. It is unlawful for any person to:
  1. intentionally abandon or leave any animal in any place without making provisions for its proper care.
  2. intentionally fail to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of an animal owned by such person.
  3. intentionally cause any physical injury to an animal.
  4. intentionally make accessible to any animal any substance which has, in any manner, been treated or prepared with harmful or poisonous substances.
  5. cause, permit, or attend any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.
  6. transport any animal in the bed of a truck, unless the restraint used to keep the animal in the truck is short enough to prevent the animal from falling and being dragged by the vehicle.
  7. leave any animal unattended and confined in a motor vehicle or in the back of a pickup truck in such a manner as to subject the animal to excessive heat or cold, which may endanger the life or well being of the animal.
  8. as the operator of a motor vehicle, strike an animal and fail to immediately report such act or accident to the appropriate law enforcement agency.
Exceptions: Nothing in this Section shall be deemed to apply to:
1. any act by a licensed veterinarian done in accordance with normal or accepted veterinary practices.
2. bona fide experiments carried on by commonly recognized research facilities, but no experiment on animals shall inflict intense and prolonged pain or suffering or intense and frequently repeated pain and suffering on any animal.
3. any act done in self-defense or done to defend another person.
4. killing, attempting to kill, trapping, catching or taking any animal as permitted by this Code or state law.
5. reasonable force used to drive off vicious or trespassing animals.
6. normal and accepted practices of pest or vermin control.
Custody of Animal; Disposition; Costs of Care:
1. Custody of Animal; Authority to Euthanize: Any Animal Control Officer or licensed veterinarian may take into custody any animal, found upon either private or public property, when such Officer has probable cause to believe such animal has been subjected to cruelty or neglect. Such Officer or veterinarian may inspect, care for or treat such animal and/or place such animal in the care of a duly incorporated humane society, animal shelter or licensed veterinarian for treatment, boarding or other care; or if it appears to a veterinarian or an Animal Control Officer that the animal is diseased or disabled beyond recovery for any useful purpose, the animal may be euthanized.
2. Costs of Care Assessed: Any necessary and reasonable costs incurred for the care, treatment, euthanasia, or boarding of any animal taken into custody pursuant to subsection C-1 shall be assessed against the owner of the animal. Any such costs shall be in addition to any fine imposed for a violation of this Chapter. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section.
3. Disposition of Animals:

The City shall make a reasonable attempt to locate and notify the owner of any animal which comes into the custody of the City pursuant to the provisions of this Section. If any owner fails to make arrangements to care for such animal within five (5) days of the time the City takes possession of the animal for impoundment, the animal shelter holding such unclaimed animal shall be deemed the owner of such animal, and shall determine the method of disposition of the animal thereafter.
If a person is adjudicated guilty of the crime of "cruelty to animals", as defined in subsection A of this Section, in addition to any other penalty, the Court may order such animal not be returned to or remain with such person. Such animal may be ordered turned over to a humane society, animal shelter or licensed veterinarian for sale, adoption or other disposition. In such case, the five (5) day holding period set forth in subsection C-3-a above shall not apply.

Section 3-2-C-3 INJURED OR ILL STRAY ANIMALS.

Whenever an Animal Control Officer has probable cause to believe a stray or abandoned animal is suffering or in pain, the Animal Control Officer may take the animal to a licensed veterinarian for treatment. If continued treatment is not necessary, the Animal Control Officer or licensed veterinarian may move the animal to an animal shelter. The cost of any care, treatment or boarding shall be borne by the owner. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section. If the ownership of the animal cannot be determined, the animal shall be placed for adoption or euthanized. If the animal appears to be diseased or disabled beyond recovery for any useful purpose, such Officer or veterinarian may, at once, cause such animal to be euthanized.

Section 3-2-C-4 TRAPPING ANIMALS.

Trapping Prohibited. No person, firm, corporation, or association shall do any trapping anywhere in the City.
Exceptions. The provisions of subsection A do not apply to:
1. The use of any trap specifically designed to kill rats, mice, gophers, chipmunks or moles with the consent of the owner or occupant of the property where the trap is set.
2. The use of cage-type live traps employed for the control of nuisance animals as long as such traps are monitored a minimum of every 12 hours, or a shorter time frame if necessary to prevent the endangerment of the captured animal's life. Any animal so captured may not be released onto public or private property without the consent of the property owner.
3. The use of any trap specifically designed to kill squirrels set at a height above eight feet and obscured from public view by a person with a valid wildlife control permit.
4. Animal Control, or the Kansas Department of Wildlife and Parks with notice to Animal Control.
5. Any other specific exception approved by Animal Control in writing; provided the request for an exception is made to Animal Control in writing and includes the address of where the trap will be set, property owner contact information, information on the nuisance created by the target animal, information on how, where, and when the trap will be set and monitored, and what precautions will be taken to ensure the safety of the public and non-target animals.

Section 3-2-C-5 PENS, YARDS, CORRALS OR RUNS.

All pens, yards, corrals, runs or other structures wherein any animal is kept shall be kept clean and in good repair.
Every pen, run, cage or other yard establishment wherein any animal is kept shall be maintained so that no offensive, disagreeable or noxious odor shall arise therefrom.

Section 3-2-C-6 FENCES.

Fences which are intended as enclosures for any animal shall be securely constructed, adequate for their intended purpose, kept in good repair, and shall comply with the fence regulations as set out in Title 4 of this Code.*
Dogs may be confined to the residential property of their owner by an electronic fence or an electronic collar. An electronic fence or electronic collar is defined as a fence or a collar that controls the movement of a dog by emitting an electrical shock when the animal wearing the collar nears the boundary of the owner's property. Dogs confined to residential property by an electronic fence or an electronic collar shall at all times be required to wear the collar or other required device which must be functional, and shall not be permitted to be nearer than 10 feet from any public sidewalk. All owners who use an electronic fence or an electronic collar shall clearly post their property to indicate to the public that such a fence or collar is in use. Electronic collars may not be used to control a dog when it is off its owner's property. An electronic fence or an electronic collar shall not be used to confine a dangerous dog.

*See also subsection 4-1-B-24-F-5 of this Code.*

Section 3-2-C-7 PERFORMING ANIMAL EXHIBITIONS.

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.

All equipment used on a performing animal shall fit properly and be in good working condition.

Section 3-2-C-8 ENDANGERED AND PROTECTED ANIMALS.

It shall be unlawful for any person to buy, sell or offer for sale a native or foreign species or subspecies of any mammal, bird, amphibian or reptile, or the dead body or parts thereof, which is listed as threatened or endangered pursuant to the Endangered Species Act of 1973.

Article 3-2-D ANIMAL NUISANCES

Sections:

3-2-D-1 NUISANCE PROHIBITED.
3-2-D-2 ANIMALS AT LARGE.
3-2-D-3 EXCREMENT.
3-2-D-4 FEMALE ANIMALS IN HEAT.
3-2-D-5 DISEASED ANIMALS.
3-2-D-6 DAMAGE TO PROPERTY.
3-2-D-7 KEEPING DANGEROUS ANIMALS.
3-2-D-8 DANGEROUS DOGS.
3-2-D-9 DANGEROUS CATS.
3-2-D-10 GUARD DOGS AND ATTACK DOGS.
3-2-D-11 ANIMALS BITING PERSONS.
3-2-D-12 IMMINENT THREAT TO PUBLIC SAFETY.

Section 3-2-D-1 NUISANCE PROHIBITED.

It shall be unlawful for the owner of any animal to cause or permit such animal to perform, create or engage in an animal nuisance. Any animal found acting in any way forbidden by this Article, in the determination of the Animal Control Officer, shall hereby be declared a nuisance, and its owner shall be subject to citation.

*See Section 3-2-G-2 of this Chapter for animal nuisance definition.*

Section 3-2-D-2 ANIMALS AT LARGE.

Prohibited:
1. It shall be unlawful to permit any animal to be at large in the City.
2. It shall be unlawful to picket or tie any animal so that it can reach any street, public sidewalk, public or private property other than the property of the owner of the animal.
Impoundment: Any animal found at large or otherwise violating the terms of this Section may be impounded in the manner provided in this Chapter.* In addition to any fine or penalty provided for violating this Section, any reasonable costs and fees incurred by the City or animal shelter in seizing, impounding, confining, boarding, transporting and/or returning such animals to its property or owner shall be the responsibility of the owner of the animal. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section.

*See Section 3-2-F-3 of this Chapter.*

Section 3-2-D-3 EXCREMENT.

It shall be unlawful for any person to:

Appear with an animal upon the public ways, within public places or upon the property of another, absent that person's consent, without some means for the removal of excrement.
Fail to immediately remove any excrement deposited by his animal upon any public or private property other than the property of the owner of the animal.
Fail to promptly remove and sanitarily dispose of animal excrement in any pen, run, cage, shelter or yard or other place where the animal is kept.
Fail to remove or dispose of animal excrement in such a manner as to prevent the breeding or infestation of flies or other insects.

Subsections A and B of this Section shall not apply to a blind person while walking his service dog.

Section 3-2-D-4 FEMALE ANIMALS IN HEAT.

All female animals in heat shall be confined to a residence or other enclosure or building in such a manner that the animal cannot come into contact with a male animal, except for supervised exercise, supervised elimination breaks, or planned breeding.

Section 3-2-D-5 DISEASED ANIMALS.

It shall be unlawful for the owner of any animal afflicted with a contagious or infectious disease to knowingly cause or allow the animal to be exposed in any public place anywhere in the City, or to ship or remove such animal from the owner's premises, except under the direction of an Animal Control Officer or licensed veterinarian. It shall be the duty of the Animal Control Officer to order the confinement or disposition of such diseased animal and treatment of the affected premises to prevent the communication and spread of contagion or infection except in cases where the State veterinarian is empowered to act and does act.

Section 3-2-D-6 DAMAGE TO PROPERTY.

It shall be unlawful for any owner to permit or allow their animal to go upon any public or private property without the permission of the owner of such property and break, tear up, crush, or otherwise destroy, damage or disturb any lawn, flower bed, plant, shrub, tree, garden, trash collection, fence, house, structure or any personal property in any manner whatsoever.

Section 3-2-D-7 KEEPING DANGEROUS ANIMALS.

Prohibitions: No person shall own or permit to be kept on his premises any dangerous animal. This subsection will not be construed to apply to zoological parks, performing animal exhibitions or circuses, bona fide licensed veterinary hospitals for treatment, bona fide educational or medical institutions, museums, or any other place where they are kept as live exhibits or for study.
Seizure and Impoundment: If Animal Control has probable cause to believe that a person owns a dangerous animal on premises in the City, the Animal Control Officer shall cause the animal to be immediately seized and impounded, or euthanized, if seizure and impoundment are not possible without risk of serious physical harm or death to any person. Upon seizure and impoundment, said animal may be euthanized or delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals. In lieu of seizure and impoundment, the Animal Control Officer may order the animal immediately removed by the owner, if Animal Control has reason to believe that the owner can safely and promptly provide for the removal of the animal. The owner must provide Animal Control with proof confirming the safe relocation of the animal upon request.

Costs: Any reasonable costs incurred in seizing, impounding, euthanizing or confining any dangerous animal shall be the responsibility of the owner of such animal. Such costs shall be in addition to any fine or penalty provided for violation of this Chapter. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section.

Section 3-2-D-8 DANGEROUS DOGS.

Determination of a Dangerous Dog:
1. If an Animal Control Officer has probable cause to believe a dog is dangerous, as defined in Section 3-2-G-3, the City Attorney may file a petition with the Municipal Court, verified by the Animal Control Officer, seeking a determination that the dog is dangerous. If the City intends to seek an order from the Court that the dog be euthanized, the petition shall specifically identify that as the remedy requested.
2. The City Attorney shall provide the owner of the dog with a copy of the petition, and written notice of the date, time, and location of the hearing.
3. When the Animal Control Officer has probable cause to believe that the subject dog may pose a threat of serious harm to human beings or other animals, the Animal Control Officer or a law enforcement officer is authorized to seize and impound the dog pending the hearing and/or any appeal. If the subject dog has been impounded, the matter shall be scheduled for a hearing within seven (7) business days from the date of impoundment. If the dog is not impounded, the hearing shall be held within fourteen (14) days from the date the petition is filed in the Municipal Court. These deadlines may be extended by the Court for good cause shown.
4. The hearing shall be conducted by the Municipal Judge or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard
5. At the hearing, all interested parties shall be given an opportunity to present testimony and relevant materials on the issue of whether the dog in question is dangerous. The testimony and relevant materials shall include but not be limited to Animal Control reports, the facts, circumstances, and seriousness of any attack or wound, past history of wounds inflicted by the dog in question, and the potential propensity of the dog to inflict wounds in the future. The hearing shall be civil in nature, informal in the presentation of the testimony and open to the public.
6. If the Court, after hearing the testimony and reviewing the relevant materials, determines that the City has proven by a preponderance of the evidence that the dog meets the definition of dangerous dog as found in Section 3-2-G-3, the dog shall be deemed dangerous. In addition, the Court has the authority to order the dog removed from the City, or destruction of the dog, as it deems appropriate. If destruction or removal of the dog is not ordered, the owner shall have fourteen (14) days from the date of the Court’s determination to comply with all of the requirements of this Code pertaining to dangerous dogs, or within such other time frame as the Court may require. Future compliance hearings and/or the requirement to post bond to ensure compliance or to perfect an appeal may be ordered at the discretion of the Court. If the owner fails to comply with the provisions of this Section within the time frame ordered, unless stayed by the filing of an appeal, the dog shall be ordered destroyed.
7. If the dog was impounded prior to the hearing and is determined to be dangerous, the owner shall provide proof of compliance with all of the requirements of this Code pertaining to dangerous dogs to Animal Control, and pay all applicable impoundment and boarding fees, before the dog may be released. If the owner appeals the Court’s decision, the dog shall remain impounded pending the determination on appeal, and all associated boarding costs shall be the responsibility of the owner. If the dog is determined not to be dangerous, it may be released to its owner immediately upon payment of all impoundment and boarding fees.
8. The failure of an owner to appear at a hearing, or the removal of the dog from the City prior to the scheduled hearing, does not preclude the Court from holding a hearing and/or determining that the dog is dangerous. In addition to any other order, the Court may order the owner to provide Animal Control with the exact location, address, and contact information for the new owner of the dog (if moved), and require that the animal not be returned to the City without first notifying Animal Control and verifying full compliance with this Chapter.
9. If an owner desires to contest the Court’s determination that a dog is dangerous, he or she may appeal to the district court. The owner shall file a notice of appeal with the municipal court clerk within ten (10) days of the Court’s determination. If the dog has been impounded, the Court may require that the owner post a bond in an amount sufficient to pay for the animal’s current impoundment and boarding fees, and a minimum of 30 additional days boarding, which shall also be required within ten (10) days of the Court’s determination. The dog shall remain impounded until a final determination is made on appeal. The municipal court clerk will prepare the record on appeal, similar to an appeal from a municipal court pursuant to K.S.A. 12-4602 and K.S.A. 22-3609, and amendments thereto, and submit the record to the district court. The district court shall review the matter de novo, and the City’s burden of proof shall be the preponderance of the evidence.
Stipulations by Owner:
1. The owner of a dog subject to a petition seeking a dangerous determination may waive his or her right to a hearing and enter a stipulation that the dog is dangerous, or a stipulation that the evidence would be sufficient to sustain a finding that the dog is dangerous. Any such stipulation shall be reduced to writing, signed by the owner. A stipulation shall have the same legal effect as a determination by the Court that the dog is dangerous. The owner shall comply with all provisions of this Code regarding dangerous dogs within fourteen (14) days from the date of the stipulation, or some later time frame if agreed to by the City and approved by the Court. If the owner fails to come into compliance with the Code within the designated time frame, the dog shall be ordered destroyed.
2. For purposes of this Chapter, a dog that is stipulated to be dangerous under this Section shall be synonymous with a dog determined to be dangerous by the Court. Further, entering into a stipulation is not an appealable order.
Regulation of Dangerous Dogs: The following provisions shall apply to all dogs determined to be dangerous:
1. Confinement Required: All dangerous dogs shall at all times be confined in an enclosure, as defined in Section 3-2-G-3, or inside a structure. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no dangerous dog shall be kept in a house or structure when the windows are open or when window screens or screen doors are the only obstacles preventing the dog from exiting the structure.
2. Confinement Exceptions: An owner of a dangerous dog will be allowed to have its dog outside of an enclosure or structure only for the following purposes: (1) to obtain necessary veterinary treatment; (2) to transfer ownership of the dog; (3) exercise; (4) elimination breaks; or (5) to comply with the commands of an Animal Control Officer. These exceptions apply only if the dangerous dog is securely muzzled, restrained with a leash of sufficient strength and not more than four feet in length, and is under the direct control of an adult capable of exercising control over the dog. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
3. Registration: An owner of a dog determined to be dangerous shall register it with the City within fourteen (14) days of the determination, and annually thereafter in conjunction with its licensing schedule. The registration shall be on a form provided by the City and accompanied by a nonrefundable registration fee as provided by ordinance or resolution or as otherwise permitted. Such registration fee shall not be prorated if required for less than a full year, and shall be separate and distinct from license fees required by the Code. The registration form shall include the name, address, and telephone number of the owner; an alternate contact person by name, address, and telephone number; a picture or pictures of the dog showing its (1) face, (2) color, and (3) any distinctive markings; the height, weight, breed, and approximate age of the dog; the animal’s microchip type and registration number; liability insurance carrier information; and any other information deemed necessary by the City.
4. Insurance Required: No dangerous dog shall be registered by the City unless the owner of such dangerous dog presents to the City proof that the owner has procured liability insurance in the amount of at least five hundred thousand dollars ($500,000.00) covering any damage or injury which may be caused by such dangerous dog. The City shall be listed as certificate holder, and shall be required to be notified of any cancellation, termination or expiration of the liability insurance policy. The owner shall maintain the liability insurance required by this subsection at all times, unless and until the owner shall cease to own the dangerous dog. The owner must provide proof to the City if he or she transfers ownership of the dog or if the dog dies.
5. Warning Signs: The owner of a dangerous dog shall display in a prominent place a clearly visible warning sign indicating that there is a dangerous dog on the premises. A similar sign is required to be posted on any enclosure used to confine the dangerous dog. All such signs shall comply with the City’s sign ordinance.
6. Microchip Required: The owner of a dangerous dog shall have a microchip implanted into the dog for identification purposes, and the name of the microchip manufacturer and identification number of the microchip must be provided to the City. All costs related to the purchase, implantation, and registration of the microchip are the responsibility of the owner.
7. Spaying or Neutering Required: All dangerous dogs shall be spayed or neutered.
8. Tethering Prohibited: No dangerous dog may be leashed or tethered to an inanimate object.
9. Relocation:
  1. If an owner of a dangerous dog moves the animal to another location within the City, the owner shall, within five days of any change in address, notify Animal Control and provide an updated registration form to the City.
  2. If an owner of a dangerous dog moves the animal out of the City, the owner shall provide Animal Control with the exact location and address of the dog’s new residence. The Animal Control Officer shall notify the receiving jurisdiction that the dog has previously been determined to be a dangerous dog.
  3. A dog which has been determined or deemed by another jurisdiction to be dangerous, or some other comparable designation, with a similar definition and standards as found in Sections 3-2-G-3 and 3-2-D-8-A, shall not be relocated into Lenexa. However, if the dog was deemed dangerous solely based on breed, the dog may be allowed to relocate to Lenexa.
10. Notification of Escape: The owner or keeper of a dangerous dog shall immediately notify Animal Control if such dog escapes from its enclosure or restraint and is at large. Immediate notification also shall be required if the dog bites or attacks a person or domestic animal.
11. Compliance; Violations: It shall be unlawful for any owner of a dangerous dog to fail to comply with any of the requirements and conditions set forth in this Section. Any dangerous dog found to be in violation of this Section may be subject to immediate seizure and impoundment. Upon conviction for a violation of this Chapter, in addition to any other penalty as allowed, the Court may order the dog euthanized. Any costs for impoundment, boarding, or euthanasia shall be the responsibility of the owner. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section.
12. Penalty: Any person found guilty of violating the provisions of this Section shall be punished as provided in Section 1-1-C-3 of this Code.

Section 3-2-D-9 DANGEROUS CATS.

All of the procedures, regulations, requirements, and penalities set out in Section 3-2-D-8 of this Article regarding dangerous dogs are hereby made applicable to any cat the City seeks to have delared, and which may be declared, dangerous. However, in lieu of the confinement requirements found at subsection 3-2-D-8-C-1 & 2, any person desiring to keep a dangerous cat in the City must confine such cat within the residential structure at all times, except for transport for veterinarian care where it must be confined to a carrier.

Section 3-2-D-10 GUARD DOGS AND ATTACK DOGS.

Repealed by Ord. No. 5051

Section 3-2-D-11 ANIMALS BITING PERSONS.

Report of Animal Bite: When any animal has bitten or attacked any person within the City, or when an animal is suspected of having rabies, it shall be the duty of any person having knowledge of such facts to report the same immediately to Animal Control.
Rabies Observation:
1. Any animal that has bitten a person must be confined for a period of ten (10) days from the date of the bite for observation. The animal may be confined at an animal shelter; with a licensed veterinarian approved by Animal Control; or, in the discretion of Animal Control, upon the premises of the owner ("home confinement") if the animal has a current rabies inoculation certificate, a current city license, and the owner has not had previous animal ordinance violations. All confinement expenses shall be the responsibility of the owner.
2. If home confinement is permitted, the owner shall maintain observation of the animal for a period of not less than ten (10) days from the date of the bite; shall not remove the animal from the property except for necessary veterinary treatment; and shall allow the Animal Control Officer to make daily checks on the animal. At the end of the observation period, the Animal Control Officer may require that a licensed veterinarian examine the animal and furnish written notification to the Animal Control Officer about the animal's health.

No person shall release from confinement any such animal or remove such animal from its place of confinement to another place without the consent of the Animal Control Officer. Animal Control shall have the authority to remove an animal from home confinement and place it with an animal shelter or veterinarian at any time if there is reasonable suspicion to believe any conditions of home confinement, or requirements of this Code, are not being followed.

If the Animal Control Officer has probable cause to believe the animal is diseased, the Animal Control Officer shall be empowered to order euthanasia and an examination of such animal to determine whether it may have rabies. No person shall refuse to surrender any animal for confinement or euthanasia when demand is made by the Animal Control Officer. If the animal dies or is euthanized, a laboratory examination of the head shall be made, at the expense of the animal's owner.
This Section shall not apply to on duty police dogs.

Violation: Any person refusing or failing to comply with the provisions of this Section, or with any orders or demands of the Animal Control Officer relating thereto, shall be guilty of a violation of this Chapter and subject to penalties as set forth in Article F of this Chapter.

Section 3-2-D-12 IMMINENT THREAT TO PUBLIC SAFETY.

Notwithstanding any provision of this Chapter to the contrary, if an Animal Control Officer or Police Officer determines that an animal presents an imminent threat to the public health, safety, or welfare, the Animal Control Officer or Police Officer may kill such animal, without notice to the owner.

Article 3-2-E BEEKEEPING

Sections:

3-2-E-1 PURPOSE AND APPLICATION OF PROVISIONS.
3-2-E-2 COMPLIANCE WITH PROVISIONS.
3-2-E-3 PERMIT REQUIRED; FEE.
3-2-E-4 HOUSING REQUIREMENTS AND LOCATION; NUMBER RESTRICTED.
3-2-E-5 SIGN REQUIREMENTS ON PROPERTY OTHER THAN OWNER'S.
3-2-E-6 BARRIER.
3-2-E-7 REQUIRED WATERING FACILITY.
3-2-E-8 VIOLATION AND PENALTY.

Section 3-2-E-1 PURPOSE AND APPLICATION OF PROVISIONS.

The City Council finds that there is a need to regulate and set minimum standards for the keeping of bees within the corporate limits of the City to protect the public health, safety and welfare of its residents. This shall apply to those persons or entities who presently possess beehives or who intend to possess beehives in the future.

Section 3-2-E-2 COMPLIANCE WITH PROVISIONS.

It shall be unlawful for any person to place, establish or maintain any hive, stand, box or apiary or keep any bees in or upon any premises within the corporate limits of the City, unless the bees are kept in accordance with the provisions of this Article and any zoning restrictions set out in Title 4 of this Code.*

*See Section 4-1-B-24-F-4 of this Code.*

Section 3-2-E-3 PERMIT REQUIRED; FEE.

Any person keeping hives, stands, boxes or apiaries in accordance with Section 3-2-E-4 of this Article and any zoning restrictions set out in Title 4 of this Code* shall be required to obtain a permit from the City. The permit shall be valid from January 1 through December 31 of each year.

A fee for said permit will be required, the amount of which shall be as provided by ordinance or resolution or as otherwise permitted. The permit fee will be due upon initial application and each subsequent year of renewal, and will not be prorated if purchased for less than a year.

*See Section 4-1-B-24-F-4 of this Code.*

Section 3-2-E-4 HOUSING REQUIREMENTS AND LOCATION; NUMBER RESTRICTED.

Type of Houses: All bee colonies shall be kept in Langstroth-type hives with removable frames which shall be kept in sound and usable condition.
Height: The height of any one hive shall not exceed five feet (5').
Location: No hive, stand or apiary shall be placed or kept:
1. Closer than fifty feet (50') to the property line of any adjoining developed property; or
2. Closer than one hundred feet (100') to any house or other building located on developed property other than the residence of the keeper of such bees; or
3. Closer than one hundred feet (100') to the nearest edge of the traveled portion of a public street; or
4. Upon land not owned or possessed by the keeper of such bees without first obtaining written permission to do so from the owner or person lawfully in possession of such land. Such permission may be revoked at any time.
Number of Beehives: No more than two (2) beehives shall be placed or kept in a location which is between one hundred feet (100') and six hundred feet (600') from a house or other building located on developed property, other than the residence of the keeper of such bees.
Future Development of Adjacent Property: In the event that any adjacent undeveloped property is developed, or residential structures are constructed closer than the distances herein prescribed, the keeper shall move or, if necessary, remove such hives, stands, boxes or apiaries to comply with these regulations.

*See Section 3-2-B-10 of this Chapter, and Section 4-1-B-24-F of this Code.*

Section 3-2-E-5 SIGN REQUIREMENTS ON PROPERTY OTHER THAN OWNER'S.

Every person owning a hive, stand, box or apiary located on premises other than where he resides shall identify such hive, stand, box or apiary by a sign or other prominent marking stating in letters at least one inch (1") high on a contrasting background the name, address and phone number of the owner of such equipment.

*See Article 4-1-E of this Code for sign provisions.*

Section 3-2-E-6 BARRIER.

Any owner of a beehive maintained in accordance with the provisions of this Article shall establish and maintain a flyway barrier six feet (6') in height consisting of a solid wall, fence or combination thereof that is parallel to the property line and extends ten feet (10') beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet (6') above ground level over the property lines in the vicinity of the apiary.

*See Section 4-1-B-24-F-5 of this Code for fence requirements.*

Section 3-2-E-7 REQUIRED WATERING FACILITY.

Fresh, clean watering facilities for the bees shall be provided within twenty feet (20') of each hive, stand, box or apiary.

Section 3-2-E-8 VIOLATION AND PENALTY.

The violation of any provisions of this Article is a public offense, and any person convicted thereof shall be punished as provided in Section 1-1-C-3 of this Code. Each day that any violation of this Article continues shall constitute a separate offense.

Article 3-2-F ADMINISTRATION AND ENFORCEMENT

Sections:

3-2-F-1 ANIMAL CONTROL OFFICER.
3-2-F-2 RIGHT OF ENTRY.
3-2-F-3 IMPOUNDMENT, REDEMPTION AND DISPOSITION PROVISIONS.
3-2-F-4 CHAPTER ADMINISTRATION.
3-2-F-5 NUISANCE DECLARED; INJUNCTION.
3-2-F-6 PENALTIES.

Section 3-2-F-1 ANIMAL CONTROL OFFICER.

There is hereby created the position of Animal Control Officer* for the City. The Animal Control Officer shall be charged with the enforcement of this Chapter, and no person shall interfere with, hinder, molest or abuse such Officer in the exercise of his duties.

*See Section 3-2-G-2 for Definition.*

Section 3-2-F-2 RIGHT OF ENTRY.

Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Animal Control Officer has probable cause to believe that there exists in any building or upon any property any violation of this Chapter, or whenever necessary to impound an animal, the Officer may enter such building or property at all reasonable times to inspect the same or to perform any duty imposed upon the Officer by this Chapter; provided, that if such building or property is occupied, the Officer shall first present proper credentials and demand entry, and if such building or property is unoccupied, the Officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or property and demand entry. If the owner or occupant denies entry, the Officer shall obtain a proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or any other persons having charge, care or control of any building or property shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Officer for the purpose of inspection and examination pursuant to this Code. Such refusal shall constitute a violation of this Chapter and is punishable as set forth in Section 3-2-F-6.

Nothing in this Section shall be deemed to prevent the Animal Control Officer from entering upon property without consent when the condition or animal is found in plain sight, not within a private structure, or under conditions constituting an emergency.

Section 3-2-F-3 IMPOUNDMENT, REDEMPTION AND DISPOSITION PROVISIONS.

The Animal Control Officer is authorized to immediately impound any animal found at large; any animal that has bitten, scratched, attacked or otherwise injured a person or other animal; any animal suspected of having a disease transmissible to human beings; any animal whose life or welfare appears to be in danger; or any animal found on premises within the City in excess of the number permitted by this Code in the absence of a special permit. Such animals may be impounded even though no citizen makes a complaint and even if the Animal Control Officer issues no notice to appear.

Notice To Owner Of Impoundment: The Animal Control Officer shall attempt to notify the owner of any animal impounded under this Chapter, if such owner is known or reasonably ascertainable, by telephone, personal service or by posting notice on the owner's house or other property.
Confinement And Disposition: Such animal shall be confined in an approved animal shelter for not more than five (5) days, such period of time starting the day the animal is picked up. During said five (5) day holding period, the animal may be released to its owner upon payment of any and all related fees and charges. The animal shelter also shall have authority to move any animal impounded to a veterinary hospital for treatment or observation, or to order euthanasia if it appears that the animal is diseased or disabled beyond recovery for any useful purpose, or is determined to be wild. If the owner does not reclaim his animal during the five (5) day holding period, or if the unknown and not reasonably ascertainable, the animal shelter may offer for adoption or euthanize such animal after the five (5) day holding period.

Notwithstanding the above and as provided in Section 3-2-D-11 of this Chapter, any animal impounded pursuant to a report that any person or other animal has been bitten by that animal shall be held for a period of at least ten (10) days for the purpose of observing such animal for symptoms of rabies .
Fees And Charges:
1. Impoundment And Boarding Fees: Any dog or cat may be claimed by its owner upon full payment of impoundment and boarding fees, as provided by ordinance or resolution or as otherwise permitted.
2. License Bond: An amount as provided by ordinance or resolution or as otherwise permitted as a license bond shall also be required for those animals for whom proof of a current City license cannot be verified. If the animal is not licensed and fails to get licensed within seven (7) business days, commencing the day following the making of said bond, the bond shall be forfeited to the City. If the animal is licensed or gets licensed within seven (7) business days, commencing the day following the making of said bond, the bond shall be returned to the owner.
Recovery of Costs: The City shall be entitled to recover all costs incurred for impounding, boarding, caring for, or euthanizing any animal impounded or held pursuant to the provisions of this Chapter, including but not limited to the cost for necessary veterinary care. Said fees shall be the responsibility of the owner of said animal, and shall be in addition to any fine imposed for a violation of the provisions of this Chapter. Failure to pay said costs within ten (10) days after receipt of a written notice of the amount due shall be a violation of this Section.
Disposition of Unclaimed Animals: After the expiration of the five (5) day holding period provided in this Section, the animal shelter holding any unclaimed animal shall be deemed the owner of such animal, and shall determine the method of disposition of the animal thereafter.
Diseased Animals: All animals impounded for reasons of suspected disease may be reclaimed by their owners upon evaluation and treatment by a veterinarian approved by the City who shall certify, in writing, that the animal is safe for release.

Section 3-2-F-4 CHAPTER ADMINISTRATION.

The City Administrator is authorized to develop administrative regulations necessary to implement the provisions of this Chapter, including procedures for animal enumerations, animal shelter operation and such other fees required by this Chapter but not specified herein.

Section 3-2-F-5 NUISANCE DECLARED; INJUNCTION.

Any violation of this Chapter is hereby declared to be a nuisance. In addition to any other relief provided by this Chapter, the City may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation hereof. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.

Section 3-2-F-6 PENALTIES.

The violation of any provision of this Chapter is a public offense, and any person convicted thereof shall be punished as provided in Section 1-1-C-3 of this Code. Each day that any violation of this Chapter continues shall constitute a separate offense. Further, upon conviction, the Court shall have the authority to enter additional orders as it deems appropriate, including but not limited to removal of any offending animal(s) from the City or prohibiting a person from owning animals within the City.

Article 3-2-G DEFINITIONS

Sections:

3-2-G-1 ANIMALS AND ANIMAL CONTROL DEFINITIONS GENERALLY.
3-2-G-2 ANIMALS AND ANIMAL CONTROL DEFINITIONS - A-C.
3-2-G-3 ANIMALS AND ANIMAL CONTROL DEFINITIONS - D-F.
3-2-G-4 ANIMALS AND ANIMAL CONTROL DEFINITIONS - G-L.
3-2-G-5 ANIMALS AND ANIMAL CONTROL DEFINITIONS - M-P.
3-2-G-6 ANIMALS AND ANIMAL CONTROL DEFINITIONS - Q-Z.
3-2-G-7 BEEKEEPING DEFINITIONS.

Section 3-2-G-1 ANIMALS AND ANIMAL CONTROL DEFINITIONS GENERALLY.

For the purposes of this Chapter 2, the following terms, phrases, words and derivations shall have the meanings given herein.

Section 3-2-G-2 ANIMALS AND ANIMAL CONTROL DEFINITIONS - A-C.

ABANDON: Includes, but is not limited to, any instance where an owner leaves an animal without demonstrated or apparent intent to recover or resume custody; leaves an animal for 12 hours or more without providing adequate food, water, or shelter for the duration of the absence; turns out or releases an animal; dumps an animal from a vehicle; or is aware that an animal is awaiting redemption at a location designated by Animal Control and fails to make an attempt to redeem it.

ANIMAL: Any vertebrate (to include, but not be limited to, mammals, birds, reptiles, amphibians and fish), whether classified as wild or domesticated, other than humans.

ANIMAL CONTROL OR ANIMAL CONTROL OFFICER: Any person employed by the City for the purpose of aiding in the enforcement of this Chapter or any other law or ordinance relating to the licensing or permitting animals, control of animals or seizure and impoundment of animals, and includes any City law enforcement officer whose duties in whole or in part include assignments which involve the control, seizure or taking into custody of any animal.

ANIMAL NUISANCE: Is created when an animal:

Molests or disturbs persons or vehicles by chasing, barking, growling, charging or biting;
Attacks other animals;
Barks, whines, howls, brays, cries or makes other noise excessively, which is so loud, continuous, or untimely so as to cause unreasonable annoyance, disturbance or discomfort to any person;
Is found on public property and obstructs or interferes with vehicular or pedestrian traffic;
Threatens or causes a condition which endangers public health; or
Impedes refuse collection by ripping any bag or tipping any container of such.

ANIMAL SHELTER: Any premises designated by the City for the purpose of impounding and caring for animals held under the authority of this Chapter.

ATTACK: An aggressive act by an animal, directed at a person or other animal, resulting in a visible injury or trauma to the person or other animal.

AT LARGE: An animal shall be considered at large if it is found on property other than that of its owner, except when such animal is merely passing along or through such property while being led on a leash. An animal shall not be considered at large if it is on the property of its owner, so long as such animal is confined to a chain, leash, or other lead which is of sufficient strength to hold the animal, secured within a fence including an electronic fence so long as the requirements of Section 3-2-C-6 are met, or under the control of a responsible person and obedient to that person's command.

BITE: Any contact between an animal's mouth or teeth and the skin of a bite victim which causes visible trauma such as a puncture wound, laceration, abrasion or other breaking of the skin, which could result in the saliva of the biting animal contacting the wound.

CAT: Any member of the animal species, Felis catus, six (6) months or more in age.

Section 3-2-G-3 ANIMALS AND ANIMAL CONTROL DEFINITIONS - D-F.

DANGEROUS ANIMAL: Means and includes any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property.

DANGEROUS DOG OR CAT:

Any dog or cat with a known propensity, tendency or disposition to attack, cause injury to, or otherwise threaten the safety of human beings or domestic animals; or
Any dog or cat which has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property; or
Any dog or cat which, without provocation, approaches any person in a vicious or terrorizing manner or in an apparent attitude of attack upon any public or private property; or
Any dog or cat which, without provocation, bites a human being or domestic animal; or
Any dog or cat owned primarily or in part for the purpose of dog or cat fighting or any dog or cat trained for dog or cat fighting; or
Any dog or cat that has more than once severely injured or killed a domestic animal.

Notwithstanding the definition of a "dangerous dog or cat" herein, when determining whether a dog or cat is dangerous pursuant to this Section, the Court may consider as mitigating factors whether any injury or damage is sustained by a person or animal who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises owned or occupied by the owner of the dog or cat; was teasing, tormenting, abusing or assaulting the dog or cat; was committing or attempting to commit a crime; or whether the dog or cat was protecting or defending a human being within the immediate vicinity of the dog or cat from an unjustified attack or assault.

This definition shall not apply to police dogs.

DOG: Any member of the animal species, Canis familiaris, six (6) months or more in age.

DOMESTIC ANIMAL (NON-FARM): Any species of animal selectively bred by human beings through several generations for the qualities required for the animals to successfully live with human beings. This includes, but is not limited to dogs, cats, rabbits, rodents, reptiles, birds, fish, and other animals which are commonly found in pet stores, were bred in captivity, and have never lived in the wild.

ENCLOSURE: A fence (not the perimeter fence of the property or yard) or structure of six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom, and shall be designed to prevent the animal from escaping from the enclosure. If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot (1').

EUTHANIZE OR EUTHANASIA: The humane destruction of an animal, which may be accomplished by any of those methods provided in K.S.A. 47-1718 and amendments thereto.

EXOTIC ANIMAL: Any non-domesticated species of animal that is native to a foreign country and is not native to the United States of America.

Section 3-2-G-4 ANIMALS AND ANIMAL CONTROL DEFINITIONS - G-L.

HARBOR OR HARBORER: Any person who provides food and/or shelter for any wild, exotic, hybrid or domesticated (farm or non-farm) animal.

HUMANE: Any action taken in consideration of and with the intent to provide for an animal's health and well-being.

HUMANE SOCIETY: Any incorporated, nonprofit organization approved by the City that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoption of animals.

HYBRID ANIMAL: Any species of animal which is the result of the mating of a domestic animal and a wild or exotic animal. All generations of offspring from this mating are considered to be Hybrid.

IMPOUND: To seize summarily, confine or restrain in custody.

INOCULATION: The inoculation of an animal with a vaccine certified by a licensed veterinarian and as approved by the State of Kansas for use in the prevention of rabies. See also, Vaccination.

KENNEL: The house, store, yard, enclosure or place where three (3) or more animals are harbored or kept for the business of temporary or permanent boarding purposes or for breeding, showing or selling; provided, however, this definition shall not apply to animal shelters or to veterinary hospitals operated by veterinarians duly licensed under the laws of the State for treatment or boarding or to premises where dogs or cats are harbored or kept as pets of the owner as long as a special pet permit has been obtained as set out in Section 3-2-B-8 of this Chapter.

LICENSE TAG: A durable tag issued annually by the City evidencing a licensed dog or cat.

LIVESTOCK: Domestic animals of types customarily raised or kept on farms, including horses and other equine; cattle and other bovine; goats, sheep and other ovine; swine; llamas and other camelids; ostriches, emus and cassowaries; including miniature, dwarf or pygmy variations of all the foregoing animals. This term does not include domestic, non-farm animals as defined in Section 3-2-G-3.

Section 3-2-G-5 ANIMALS AND ANIMAL CONTROL DEFINITIONS - M-P.

OWN: Means and includes own, keep, harbor or have charge, custody or control of an animal.

OWNER: Any person or persons, firm, association, partnership or corporation owning, keeping or harboring or having charge, custody or control of an animal. A parent or legal guardian shall be deemed to be an owner of animals owned or maintained by children upon their premises.

POLICE DOG: Any dog owned and utilized by a public law enforcement agency for either general police patrol work and/or narcotics detection. This definition also applies to police dogs which reside with their assigned officer when not on duty.

POULTRY: Domestic fowl, such as turkeys, chickens, ducks, or geese and other birds commonly found on farms and not commonly kept in a primary residential structure, including peafowl. This definition does not include ostriches, emus, or cassowaries which are considered to be livestock.

Section 3-2-G-6 ANIMALS AND ANIMAL CONTROL DEFINITIONS - Q-Z.

SERVICE DOG: Any dog individually trained to provide assistance to an individual with a disability. The presence of a dog for comfort, protection or personal defense does not qualify as a service dog.

SUBSTANTIAL COMPETENT EVIDENCE: That which possesses relevance and substance and which furnishes a substantial basis of fact from which the issues can reasonably be resolved.

TRAP: Any mechanical device or snare which seeks to hold, capture or kill an animal.

TRAPPING: The setting or laying or otherwise using of a trap.

VETERINARY HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injury of animals.

VACCINATION, OR VACCINATION FOR RABIES: The inoculation of an animal with a vaccine certified by a licensed veterinarian and as approved by the State of Kansas for use in the prevention of rabies. See also, Inoculation.

WILD ANIMAL: Any non-domesticated species of animal that is inherently free roaming, not specifically bred by human beings, and is native to the United States of America.

Section 3-2-G-7 BEEKEEPING DEFINITIONS.

The following definitions are specific to Article E of this Chapter. When considering any other term, condition, phrase, etc., those definitions contained within Sections 3-2-G-2 through 3-2-G-6 of this Article shall also apply:

APIARY: A place where bee colonies are kept.

COLONY: A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

DEVELOPED PROPERTY: Any land that is improved or in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human use and occupancy and the grounds maintained in association therewith.

HIVE: A structure intended for the housing of a bee colony.

Article 3-2-H LIVESTOCK AND POULTRY REGULATIONS

Sections:

3-2-H-1 KEEPING OF LIVESTOCK AND POULTRY; NUMBER LIMITED; SETBACKS.
3-2-H-2 SPECIAL LIVESTOCK PERMIT; APPLICATION; FEE; INVESTIGATION.

Section 3-2-H-1 KEEPING OF LIVESTOCK AND POULTRY; NUMBER LIMITED; SETBACKS.

It is unlawful to own any livestock or poultry in the City, except as set forth in this Article. The number of livestock and poultry permitted to be kept shall be determined by the zoning and lot size of a particular parcel of property, as set forth in Table A. The numeric limits for livestock and poultry set forth in Table A are not exclusive, so long as the total number of livestock and poultry does not exceed the numeric limits in Table A. A minimum lot size of 1 acre shall be required to keep any number of livestock or poultry in the City. The size of the lot shall be determined through reference to the Johnson County, Kansas Land Records as maintained by the Johnson County Appraiser.

Table A

Zoning:	AG			RE or RPE			All Other Zoning Districts
Lot Size:	Less than 1 acre	1-3 acres	3+acres	Less than 1 acre	1-3 acres	3+ acres	Any lot size
POULTRY	0	4 per acre, not to exceed 12	No Limit	0	4 per acre, not to exceed 12	Maximum 12	0
LIVESTOCK	0	2 per acre, not to exceed 6	No Limit	0	2 per acre, not to exceed 6	Maximum 6	0

Setbacks: No corral, shelter or containment area may be within 100 feet of any adjacent dwelling, other than that of the owner of such livestock; within 100 feet from the front lot line or front building line, whichever is greater; and within 25 feet of any side or rear property line. Deviations to these minimum setbacks may be allowed with an approved special livestock permit, so long as they are based upon pre-existing conditions, topography or other unique site conditions.
A special livestock permit shall be required to keep any livestock or poultry outside of the numeric, lot size or setback provisions of this Article.

Section 3-2-H-2 SPECIAL LIVESTOCK PERMIT; APPLICATION; FEE; INVESTIGATION.

Any person who desires to deviate from the numeric, lot size or setback limits set forth in Section 3-2-H-1 for AG, RE or RPE zoning districts may apply to the City for a special livestock permit. No deviations are permitted for other zoning districts. The application shall be made on a form provided by the City and accompanied by a nonrefundable application fee as provided by ordinance or resolution or as otherwise permitted. The application shall: (1) identify the applicant by name, address, and telephone number; (2) identify each of the proposed livestock or poultry by species, breed, age, and sex (including whether or not animal is castrated); (3) provide the parcel identification number and acreage of the property, as listed with Johnson County, Kansas Land Records, upon which the livestock/poultry will be kept; (4) describe the location of shelter and other facilities on the property for the proposed livestock and/or poultry; (5) identify whether the applicant owns, leases, or rents the property, and if the property is leased or rented, identify the property owner(s) by name, address, and telephone number; and (6) identify any other person who may share in the care, custody and control of the livestock/poultry.
1. Following application, Animal Control will attempt to notify all neighboring property owners, residents or businesses (hereinafter “neighbor” or “neighbors”), and the owner(s) of the applicant’s property if different from the applicant, of the pending application. The neighbors, and owner(s) if applicable, may provide comments regarding the application directly to Animal Control. Any comments submitted in writing are subject to the Kansas Open Records Act and cannot be kept confidential. For purposes of this section, "neighbors" shall include, but not be limited to, all properties abutting the applicant’s property, without regard to public right-of-way or publicly owned open space.
2. Animal Control shall have authority to order that any animals in excess of those lawfully permitted be removed from the applicant’s property during the processing of the application. Animal Control shall have discretion to temporarily allow some or all of the animals in excess of those lawfully permitted to remain at the property during the processing of the application if it appears to Animal Control that the temporary keeping of said animals will not create or contribute to a nuisance situation, or negatively affect the health, safety, and welfare of the animals, neighbors, or of the general public. It shall not be a defense to a violation of this Section that an application for a special livestock permit has been submitted to, or is pending with, the City.
3. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. Refusal to allow such entry or inspection shall be grounds for denial or revocation of the permit. Notice need not be given to any person prior to inspection; however, Animal Control will attempt to schedule a mutually agreeable time for the initial inspection. During the initial inspection, Animal Control will consider whether the keeping of said animals may in any way create a nuisance; negatively affect the health, safety, or welfare of the animals, neighbors, or of the general public; or violate any provisions of this Code.
4. Following the initial inspection, Animal Control shall prepare a written report of its investigation, including its decision to approve, conditionally approve, or deny the application. In preparing said report, Animal Control may consider, but is not limited to, the following factors: whether the keeping of the animals may negatively affect the health, safety or welfare of the animals, neighbors, or of the general public; whether the keeping of the animals will likely create a nuisance or disturb the peace and quiet of the surrounding areas; comments of the property owner(s) and/or neighbors; and any complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or other person(s) who may be responsible for the care of the animals.
Approval or Denial; Right to Appeal:
1. The City shall provide written notice of Animal Control’s decision to approve, conditionally approve, or deny the application to the applicant at the address provided on the application.
2. If approved, the special livestock permit shall be issued for the specific number of animals listed in the application and shall not be transferable to any other species of animal, another owner, or to any other address or premises. A permit holder may replace an animal with another animal of the same species without applying for and obtaining approval of a new special livestock permit. However, no additional livestock or poultry may be added to the premises without first applying for and obtaining approval for a new special livestock permit identifying the additional animal(s).
3. If conditionally approved, the City shall notify the applicant in writing of the specific conditions the applicant must meet and/or maintain throughout the duration of the permit in addition to the conditions in B-2 above. Failure to meet and/or maintain any specified conditions shall be grounds for revocation of the permit.
4. If the special livestock permit is denied, any excess animals that were permitted to remain on the premises during the processing of the application must be removed from the property within seven (7) days from the date the notice of denial is mailed to the applicant by the City. This is a mandatory requirement that cannot be suspended by the filing of an appeal. If the applicant fails or refuses to remove the excess animals, Animal Control is authorized to have said animals impounded and held until any applicable holding period has run or any appeal to the Lenexa Municipal Court is finalized, whichever is later. The applicant shall be responsible for all costs associated with impoundment and boarding under this Section.
5. A period of six (6) months following the date of denial, or revocation as provided in subsection D below, must elapse before another application for the same owner or same location can be submitted. This six (6) month waiting period may be waived by Animal Control if it is determined that a material change in circumstances has occurred.
6. Any applicant who is denied a special livestock permit, or whose existing permit is revoked as provided below, may appeal that decision to the Lenexa Municipal Court for an administrative hearing thereon. The applicant must file a written notice or statement of appeal with the Municipal Court Clerk, and pay a non-refundable administrative filing fee in an amount as provided by ordinance or resolution or as otherwise permitted, within ten (10) days from the date the notice of the decision was mailed by the City. No appeal shall be set for a hearing unless both said fee and written notice of appeal are received by the Court Clerk within the ten (10) days. The matter shall be scheduled for a hearing within fourteen (14) days after the appeal is perfected (i.e. both fee and notice of appeal received).
  1. The hearing on appeal shall be conducted by the Lenexa Municipal Judge or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard.
  2. The issues for determination shall be whether decisions, actions, or findings of Animal Control were within the scope of their authority, supported by substantial competent evidence, and not arbitrary or capricious in nature. The administrative judge shall make specific findings of fact and conclusions of law in each appeal.
  3. The decision of the administrative judge shall be final.
Duration and Renewal:
1. A special livestock permit shall expire on December 31 of the calendar year in which it is issued. It may be administratively renewed by the City for the next calendar year so long as the following conditions are met:
  1. The applicant has paid the nonrefundable renewal fee as provided by ordinance or resolution or as otherwise permitted.
  2. The animals subject to the permit are in the same number and of the same species of animals listed on the original application; provided, that a special livestock permit may be administratively renewed if renewal is sought for a lesser number of animals than those listed on the original application, due to the death or removal of one or more of the animals.
2. Failure to pay the renewal fee on or before December 31 of each year subjects the owner to late fees as provided by ordinance or resolution or as otherwise permitted, as well as citations if the additional animals are still maintained on the property. Further, failure to pay the renewal fee or any applicable late fees shall be sufficient grounds for revocation of the permit.
Revocation of Special Livestock Permit: The special livestock permit may be revoked at any time by the City upon a showing that the applicant, or any other person having custody over any of the animal(s) subject to the permit, has allowed a condition to exist that constitutes a nuisance or otherwise negatively affects the health, safety, or welfare of the animals, neighbors, or of the general public; or has failed to comply with any of the requirements of the permit or of this Code; or was involved in any activity prohibited by Federal, State or local law; or if it is determined that the applicant provided false or misleading information in the application. The City shall provide written notice of revocation to the applicant at his or her last known address via first class mail. The notice shall include the basis for the revocation, the effective date of the revocation, and the date at which time any non-permitted animals must be removed from the premises. Removal and/or impoundment of the animals shall be governed as provided in subsection B-4 above. The applicant has the right to appeal the revocation of the permit as provided in subsection B-6 above; however, the non-permitted animals must be removed from the premises by the date set by the City in the notice of revocation regardless of whether an appeal is filed or heard.

Article 3-2-I EXOTIC/WILD ANIMAL REGULATIONS

Sections:

3-2-I-1 KEEPING OF EXOTIC/WILD/HYBRID ANIMALS.
3-2-I-2 WILD ANIMAL PERMIT; APPLICATION FEE; INVESTIGATION.

Section 3-2-I-1 KEEPING OF EXOTIC/WILD/HYBRID ANIMALS.

It is unlawful to own or maintain any exotic, wild or hybrid animals in the City, except as set forth in this Article. Any person possessing a state or federal permit authorizing the possession of native wild animals for scientific collection, education, exhibition or rehabilitation purposes may apply for a wild animal permit to keep the same in the City. Nothing herein shall be construed to permit the keeping of exotic, wild, or hybrid animals for any purpose not set forth above, including as pets.

Section 3-2-I-2 WILD ANIMAL PERMIT; APPLICATION FEE; INVESTIGATION.

Any person who possesses a state or federal permit authorizing the possession of wild animals for scientific collection, education, exhibition or rehabilitation purposes and who desires to keep the wild animals authorized by said permit in the City may apply to the City Clerk for a wild animal permit.
The application shall be made on a form provided by the City and accompanied by a nonrefundable application fee as provided by ordinance or resolution or as otherwise permitted. The application shall include: (1) the name, address, and telephone number of the applicant; (2) copies of any federal or state permit(s) authorizing the applicant to possess wild animals for scientific collection, education, exhibition or rehabilitation purposes; (3) a description of the location of shelter and/or other facilities on the property for the proposed animals; (4) a certificate of insurance, listing the City as the certificate holder, evidencing liability coverage of at least five hundred thousand dollars ($500,000.00) for bodily injury or death of any person or persons and damage to property caused by the wild animals; (5) whether the applicant owns, leases, or rents the property where the wild animals are to be kept, and if leased or rented, identify the property owner(s) by name, address, and telephone number; (6) the name, address and telephone number of any subpermittees of any federal or state permit(s), as well as any other person(s) who may share in the care, custody and control of the animals; and (7) the signature of the applicant certifying that he/she will comply with all permit requirements.
1. Following application, Animal Control will attempt to notify all neighboring property owners, residents or businesses (hereinafter “neighbor” or “neighbors”), and the owner(s) of the applicant’s property if different from the applicant, of the pending application. The neighbors, and owner(s) if applicable, may provide comments regarding the application directly to Animal Control. Any comments submitted in writing are subject to the Kansas Open Records Act and cannot be kept confidential. For purposes of this section, "neighbors" shall include, but not be limited to, all properties abutting the applicant’s property, without regard to public right-of-way or publicly owned open space.
2. Animal Control shall have authority to order that any animals in excess of those lawfully permitted be removed from the applicant’s property during the processing of the application. Animal Control shall have discretion to temporarily allow some or all of the animals in excess of those lawfully permitted to remain at the property during the processing of the application if it appears to Animal Control that the temporary keeping of said animals will not create or contribute to a nuisance situation, or negatively affect the health, safety, and welfare of the animals, neighbors, or of the general public. It shall not be a defense to a violation of this Section that an application for a wild animal permit has been submitted to, or is pending with, the City.
3. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. Refusal to allow such entry or inspection shall be grounds for denial or revocation of the permit. Notice need not be given to any person prior to inspection; however, Animal Control will attempt to schedule a mutually agreeable time for the initial inspection. During the initial inspection, Animal Control will consider whether the keeping of said animals may in any way create a nuisance; negatively affect the health, safety, or welfare of the animals, neighbors, or of the general public; or violate any provisions of this Code.
4. Following the initial inspection, Animal Control shall prepare a written report of its investigation, including its decision to approve, conditionally approve, or deny the application. In preparing said report, Animal Control may consider, but is not limited to, the following factors: whether the keeping of the animals may negatively affect the health, safety or welfare of the animals, neighbors, or of the general public; whether the keeping of the animals will likely create a nuisance or disturb the peace and quiet of the surrounding areas; comments of the property owner(s) and/or neighbors; and any complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or other person(s) who may be responsible for the care of the animals.
Approval or Denial; Right to Appeal:
1. The City shall provide written notice of Animal Control’s decision to approve, conditionally approve, or deny the application to the applicant at the address provided on the application.
2. If approved, the wild animal permit shall be subject to the following conditions:
  1. that the applicant maintain any federal or state permit(s) authorizing the possession of said animals and comply with any reporting or other conditions of such federal or state permit(s);
  2. that copies of any reports that are filed with the federal or state agency issuing such federal or state permit(s) shall be simultaneously filed with the City; and
  3. that the applicant notify the City upon the expiration or non-renewal of any federal or state permit(s).
3. If conditionally approved, the City shall notify the applicant in writing of the specific conditions the applicant must meet and/or maintain throughout the duration of the permit, in addition to the conditions required by C-2 above. Failure to meet and/or maintain any specified conditions shall be grounds for revocation of the permit.
4. If the wild animal permit is denied, any animals that were permitted to remain on the premises during the processing of the application must be removed from the property within seven (7) days from the date the notice of denial is mailed to the applicant by the City. This is a mandatory requirement that cannot be suspended by the filing of an appeal. If the applicant fails or refuses to remove the non-permitted animals, Animal Control is authorized to have said animals impounded and held until any applicable holding period has run or any appeal to the Lenexa Municipal Court is finalized, whichever is later. The applicant shall be responsible for all costs associated with impoundment and boarding under this Section.
5. A period of six (6) months following the date of denial, or revocation as provided in subsection E below, must elapse before another application for the same owner or same location can be submitted. This six (6) month waiting period may be waived by Animal Control if it is determined that a material change in circumstances has occurred.
6. Any applicant who is denied a wild animal permit, or whose existing permit is revoked as provided below, may appeal that decision to the Lenexa Municipal Court for an administrative hearing thereon. The applicant must file a written notice or statement of appeal with the Municipal Court Clerk, and pay a non-refundable administrative filing fee in an amount as provided by ordinance or resolution or as otherwise permitted, within ten (10) days from the date the notice of the decision was mailed by the City. No appeal shall be set for a hearing unless both said fee and written notice of appeal are received by the Court Clerk within the ten (10) days. The matter shall be scheduled for a hearing within fourteen (14) days after the appeal is perfected (i.e. both fee and notice of appeal received).
  1. The hearing on appeal shall be conducted by the Lenexa Municipal Judge or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard.
  2. The issues for determination shall be whether the decisions, actions, or findings of Animal Control were within the scope of their authority, supported by substantial competent evidence, and not arbitrary or capricious in nature. The administrative judge shall make specific findings of fact and conclusions of law in each appeal.
  3. The decision of the administrative judge shall be final.
Duration and Renewal:
1. A wild animal permit shall expire automatically upon the expiration of any federal or state permit authorizing the possession of said animals or upon December 31 of the calendar year in which it is issued, whichever is earlier. It may be administratively renewed by the City for the next calendar year so long as the following conditions are met:
  1. The applicant has paid the nonrefundable renewal fee as provided by ordinance or resolution or as otherwise permitted.
  2. The federal or state permit(s) authorizing the possession of said wild animals remains in effect and the applicant is in compliance with all conditions of said permit, including reporting requirements.
2. Failure to pay the renewal fee on or before December 31 of each year subjects the owner to late fees as provided by ordinance or resolution or as otherwise permitted, as well as citations if the additional animals are still maintained on the property. Further, failure to pay the renewal fee or any applicable late fees shall be sufficient grounds for revocation of the permit.
Revocation: The wild animal permit may be revoked at any time by the City upon a showing that the applicant, any subpermittee, or any other person having custody or control over any of the animals subject to the permit, has allowed a condition to exist that constitutes a nuisance or otherwise negatively affects the health, safety, or welfare of the animals, neighbors, or of the general public; or has failed to comply with any of the conditions of the permit or requirements of this Code; or was involved in any activity prohibited by Federal, State or local law; or there has been any violation of or non-compliance with the federal or state permit(s) authorizing possession of said wild animals; or if it is determined that the applicant provided false or misleading information in the application. The City shall provide written notice of revocation to the applicant at his or her last known address via first class mail. The notice shall include the basis for the revocation, the effective date of the revocation, and the date at which time any wild animals must be removed from the premises. The applicant has the right to appeal the revocation of the permit as provided in subsection C-6 above; however, all wild animals must be removed from the premises by the date set by the City in the notice of revocation regardless of whether an appeal is filed or heard.