As used in this article, the following terms are defined as follows:

(a)   “Animal” means any live vertebrate creature, domestic or wild, not including horses, cattle and other livestock.

(b)   “Animal control officer” means the person or persons employed by the city to enforce the provisions of this chapter.

(c)   “Animal shelter” means a facility which is used or designed for use to house or contain any animal, used for the welfare, protection and humane treatment of animals.

(d)   “At large.” An animal shall be deemed to be “at large” when it is not on the property of its owner and not under the immediate control of a competent person.

(e)   “Kennel” means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats. The harboring or keeping of more than three animals of any type, except for those animals under three months of age, by any owner, keeper or harborer constitutes the maintenance of a kennel and therefore requires a kennel license.

(f)   “Owner” means any person, partnership or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

(g)   “Pet shop” means any premises where animals or exotic pet animals are sold, exchanged, offered for sale or exchange but shall not mean or include any premises where only fish are offered for sale or exchange, any residence premises where the animals offered for sale or exchange are exclusively those which have been born and raised on such premises or are animals which have been owned and retained on such residence premises for a period of ninety days or longer.

(h)   “Restraint” means an animal shall be deemed to be under restraint if confined by building, fence, leash or other appropriate' means, or if accompanied by a competent person and under that person's immediate control.

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

(Ord. 849; Code 1974, 6.08.010; Code 2014)

(a)   Any person owning, keeping, harboring or having custody of any dog over four months of age within this municipality must obtain a license as herein provided.

(b)   Application for licenses shall be made to the city clerk upon the proper form and shall include name and address of applicant, description of the dog, the appropriate fee, and presentation of a valid rabies vaccination certificate plainly showing the animal's last vaccination is effective throughout the present permit period. No animal will be registered without such certificate.

(c)   Unless revoked, licenses for the keeping of dogs shall be for a period of up to one year. The licensing period shall begin on May 1st. Application for license may be made thirty days prior to and up to sixty days after May 1st.

(d)   Application for a license must be made within thirty days after obtaining a dog over four months, except this requirement will not apply to a nonresident keeping a dog within the city for no longer than thirty days.

(e)   License fees shall not be required for seeing eye dogs or governmental police dogs.

(f)   Upon acceptance of the license application and fee, the Police Department shall issue a durable metallic tag stamped with an identifying number and the year of issuance. The form and material of the tags shall be uniform for the whole of one year but changed in form or material each succeeding year. The tags are to be fastened or riveted to the animal's collar or harness.

(g)   Dogs must wear the identification tags at all times when off the premises of the owner.

(h)   The Police Department shall maintain a registry of identification numbers of all tags issued which record is available to the public. The registry shall also include information as to the fees collected for each animal so registered.

(i)    A license shall be issued after payment of applicable fee: five dollars for each unneutered male or each unspayed female dog, $0.00 for each neutered male or each spayed female dog; provided that if application for such license is not made within the applicable time period, the fee therefor shall be twenty dollars.

(Ord. 849; Code 1974, 6.08.020; Code 2014)

(a)   No person, partnership or corporation shall operate a kennel, pet shop or animal shelter without first obtaining the appropriate permit. .

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

(c)   If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon payment of a ten dollar transfer fee.

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

(1)   Twenty-five dollars for each kennel authorized to house less than ten animals;

(2)   Fifty dollars for each kennel authorized to house ten animals or more, but less than fifty;

(3)   One hundred dollars for each kennel authorized to house fifty or more animals;

(4)   Seventy-five dollars for each pet shop;

(5)   Fifty dollars for each circus;

(6)   Fifty dollars for each performing animal exhibition;

(7)   Fifty dollars for each grooming shop; provided, however, that if application for such license is not made within the applicable time period, the fee therefor shall be two hundred fifty dollars.

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

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

(g)   Every animal shelter as defined in this chapter shall be exempt from the permit fee requirements.

(h)   Any person who has a change in the category under which a permit was issued shall be subject to reclassification and appropriate adjustment of the permit fee shall be -made.

(i)    In conformance with the zoning ordinance, no kennel permit shall be issued unless or until the premises of such kennel are located within I-1 (light-industrial) or I-2 (heavy industrial) districts. Pet shop permits may be issued for businesses in the C-2 (central business) district.

(j)    No person who has been convicted of cruelty to animals shall be issued a permit or license to operate any kennel, pet shop or animal shelter.

(Ord. 849; Code 1974, 6.08.030; Code 2014)

(a)   The animal control officer may revoke any permit or license if the person holding the permit or license refuses or fails to comply with the provisions of this chapter or any other law governing the protection and keeping of animals.

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

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

(Ord. 849; Code 1974, 6.08.040; Code 2014)

(a)   All animals shall be kept under restraint.

(b)   No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.

(c)   Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such animal cannot come into contact with another animal except for planned breeding.

(d)   Every vicious animal as determined by the animal officers shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.

(Ord. 849; Code 1974, 6.08.050; Code 2014)

(a)   Unlicensed, unrestrained and nuisance animals shall be taken by the Police or Animal Control Officers, or impounded in an animal shelter and confined there in . a humane manner. Strays will be impounded during normal Vet Clinic business hours - Monday - Friday 8:00 am to 5:30 pm. If the animal is injured or ill, the animal can be impounded after hours using the emergency clinic phone line. Emergency fees and medical care fees will be the responsibility of the Owner or the City of Oakley if the animal is not claimed.

(b)   Impounded animals shall be kept for not less than 72 hours. After 72 hours, the fate of the animal shall be determined by the City of Oakley in consultation with the Vet Service. Any animal not reclaimed by its owner within 72 hours shall become the property of the City and shall be placed for adoption in a suitable home or disposed of in a humane manner. If rehoming is organized by an outside individual, the animal shall be picked up from the Vet Clinic at 72 hours.

(c)   Only dogs will be impounded by the Vet Clinic, no cats.

(d)   If by a license or other means, the owner of an impounded animal can be identified, the Police or Animal Control Officers shall immediately upon impoundment notify the owner by telephone or mail. 

(e)   A list setting forth the name of the owner, if known, and a description of the animal together with the date and hour impounded shall be reported daily to the Police Department. 

(f)   The City of Oakley will be responsible for paying all fees to the Vet Clinic, However, any owner reclaiming an impounded animal shall pay the City an impounding fee of $35.00 for each animal for the fust offense, and an impounding fee of $50.00 for each subsequent offense, plus the boarding fee for each day the animal has been impounded to pay for maintenance of the animal, plus all veterinarian costs for treatment, procedures, emergency fees or medications, etc., while impounded. Impound fees are based on a day in/day out basis.

(g)   The impounded dog will need proof of an updated rabies vaccination prior to discharge. The owner will need to provide all required documentation to the City of Oakley. If no proof can be provided the animal will be given a rabies shot prior to discharge. This amount will be billed to the owner or the person adopting the animal. 

(h)   No unclaimed animal shall be released for adoption without first being neutered or spayed, the costs of which will be paid by the person adopting the animal.

(i)    If any animal bites or otherwise breaks the skin of a person, whether or not such animal has been immunized against rabies, such animal shall be taken by the Animal Control Officer and impounded in an animal shelter for a minimum of ten (10) days or as long as a licensed veterinarian deems to be necessary.

(Ord. 849; Code 1974, 6.08.060; Ord. 1066; Code 2014; Ord. 1181)

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

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

(c)   No owner of an animal shall abandon it.

(d)   No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances.

(Ord. 849; Code 1974, 6.08.070; Code 2014)

(a)   Chickens: The raising of Chickens is limited to single or two-family residences only and the number of chickens to 6 per site. No roosters (male adult chickens) may be kept. Sale of eggs is prohibited. Keeping of hens is for personal use and not for running a business. No butchering of chickens within city limits will be allowed. A $50.00 new permit fee or a $25.00 annual renewal Permit is required. Fee is a flat fee and not per chicken.

(b)   Housing of chickens: Poultry will not be allowed in a residence, porch or attached garage. Chickens must be confined in a house or coop in the backyard of the residence with a minimum 1 square foot per bird. The backyard of the residence shall also have a fence separating the backyard from any neighboring property.  A minimum of 1 square foot of laying box space shall be provided per 3 chickens. Each laying box will contain adequate clean bedding material such as hay or other similar soft material.

(c)   Poultry facility regulations: The Poultry Facility should be 10 feet from any property line and at least 50 feet from a neighboring residence. An outside, enclosed run may or may not be allowed. The run should be no larger than 8 feet by 8 feet and it should be attached to the coop. The facilities should be built to keep dogs, cats, and wildlife from gaining entry. Owners should store all feed supplies in rodent-proof containers. They should take steps to avoid the buildup of flies and maggots by keeping litter and feed dry and promptly disposing of dead birds or waste eggs.

(d)   Disposal of waste material: The owner should dispose of waste materials (feed, manure, and litter) in an environmentally responsible manner. The materials can be composted or bagged and disposed of in the trash. Piling waste materials on the property is not acceptable. Owners should double bag and dispose of dead birds in trash. Another option is many veterinary offices will dispose of a dead pet for a fee. 

(e)   Culling and mortality: Both the process of weeding out inferior animals known as culling and mortality (death) are common occurrences when raising live animals. Poultry owners will need to deal with unwanted males, old hens, or sick birds properly.

(f)   Permit purpose: Prior to the issuance of a permit, an inspection will be made of the applicant's facility for compliance with this Ordinance and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. Each location where chickens are to be raised for personal use shall be inspected by and subject to the standards imposed by the City of Oakley authorized agent. The City Clerk of the City of Oakley, Kansas may only issue a permit pursuant to the Ordinance upon proof that the premises have passed the required inspection by the Oakley Building Official. Permits shall be renewed by January 1st of each year.

(1)   Inspections: Any structure, pen, coop, or yard wherein chickens are kept or permitted to be, shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. The enclosed area of all such structures shall be constructed in such a way as to be dry inside at all times. The person maintaining any such structure, pen, coop or yard in the city does authorize the city to at any time inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this section.

(2)   Chickens may not graze in the yard.

(g)   Permit application: An application fee of $50.00 for new applications or a $25.00 annual renewal permit fee for every year for chickens will apply. Permits are issued for a calendar year period; no prorating of permit fees will be granted. Applications for permits to have chickens shall be renewed before January 1st of each year.

(h)   Application process: The appropriate permit fee, in certified funds, must accompany each application. Subject to a determination by the Governing Body of the City of Oakley, Kansas, that said applicant has met all the requirements set forth herein, including a determination as to the appropriateness of the proposed site and the availability of a permit, a permit shall be issued.  The City of Oakley Building Official has the right to revoke any permit in the event that false information was provided or the applicant has violated the provisions of this ordinance.

(i)    Penalty: Any violation of this section will result in a citation being issued and the offending individual(s) shall be subject to fines of $30.00 for the first offense; $60.00 for the second offense; and $90.00 for the third offense. Applicants found to be in violation of any provisions of relevant ordinances shall have their permit revoked, and be given 10 days to remove the chickens from their property, after the third offense. The municipal judge or City of Oakley authorized agent shall have the authority to order an animal to be found in violation of this section to be confined, destroyed or removed from the City of Oakley, Kansas.

(Ord. 849; Code 1974, 6.08.080; Code 2014; Ord. 1188)

(a)   No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This shall not apply to performing animal exhibitions or circuses.

(b)   No person shall keep or permit to be kept any wild animal as a pet.

(Ord. 849; Code 1974, 6.08.090; Code 2014)

No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.

(Ord. 849; Code 1974, 6.08.100; Code 2014)

(a)   The owner of every animal shall be responsible for the removal of any excreta deposited by his animals on public walks, recreation areas or private property.

(b)   Dog kennels and other places where animals are kept shall be kept free of dirt and filth and shall be operated so they will not be offensive to the health, safety and general welfare of the general public or the residents of the vicinity in which the kennels or other places of abode are located.

(Ord. 849; Code 1974, 6.08.110; Code 2014)

(a)   No person shall own, keep or harbor any dog, which by loud or frequent or habitual barking, howling or yelping shall annoy or disturb any neighborhood. Each day that a dog engages in loud or frequent or habitual barking or howling or yelping shall be considered a separate violation

(b)   Violation of this section shall be punishable by up to a fine of not less than $50.00 no more than $100.00. The fine upon a second violation shall not be less than $75.00 no more than $200. Upon subsequent violations the fine shall not be less than $125.00 no more than $400.00.

(Ord. 1044; Code 2014)

The civil and criminal provisions of this chapter shall be enforced by those police or animal control officers designated by municipal authority. It shall be a violation of this chapter to interfere with an animal control officer in the performance of his duties or to break open or attempt to break open an animal shelter and let out or take out any animals.

(Ord. 849; Code 1974, 6.08.120; Code 2014)

Any person violating any provisions of this article shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, and/or imprisonment in the city jail for not to exceed thirty days; in addition, the court shall assess impoundment and maintenance fees where applicable.

(Ord. 849; Code 1974, 6.08.130; Code 2014)