Domestic animals, which are maintained within the City of Gas so as to cause discomfort to occupants of other premises by reason of offensive odors, insects or infestations, rodents, noise, no confinement, or safety hazards, are hereby declared to be a nuisance.

(Code 1999, 10-141; Ord. 103-2002; Code 2016)

No person shall create or cause or maintain such a nuisance within the City of Gas.

(Code 1999, 10-142; Ord. 103-2002; Code 2016)

No person shall maintain or harbor any bovine cattle, horses, sheep or goats within the City of Gas without first obtaining a permit from the city clerk. The city clerk upon the following conditions shall issue the permit only:

(a)   The application be made in writing upon a form prescribed and provided by the city clerk.

(b)   A non-refundable permit application fee of $25.00 is paid at the time the application is submitted.

(c)   The city clerk or a designated agent thereof shall inspect the premises where the applicant proposes to maintain the animal or animals. No permit shall be issued unless and until said premises and premises conditions conform strictly to the requirements of Section 2-304.

No Swine are allowed within the City Limits.

(Code 1999, 10-143; Ord. 103-2002; Code 2016)

Maintaining larger domestic animals, including but not limited to bovine cattle, horses, sheep and goats in accordance with each of the following standards shall be deemed to not be a nuisance:

(a)   Providing at least 30,000 square feet of fenced open space per animal if the animal shelter or enclosure is within 100 feet of any dwelling or adjoining premises.

(b)   Maintaining the animals within a permitted fenced enclosure.

(c)   Cleaning the domestic animal shelters at least once each week or as often as necessary to prevent or control odors and fly breeding provided, however, that this shall not apply to a grazing area.

(d)   Disposing of collected fecal material and other solid organic waste at a sanitary landfill, fertilizer processing plant, or by proper disposal on land used for agricultural purposes.

(e)   Storing grain or protein food in lightly covered, rodent-proof metal containers or rodent-proof bins.

(f)    Maintaining the premises free of rodent harborage.

(g)   Using anti-coagulant rodenticides for the control of rodents and organophosphorus insecticides for the control of lies or providing other effective chemical means for the control of rodents and flies.

(h)   Using soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.

(i)    Constructing and maintaining animal shelters and enclosures, including fences by the use of breaking out or causing hazard to persons or property.

(j)    Storing refuse in proper containers or in a manner approved by the county health department or the Kansas Department of Health and Environment, and disposing of such refuse at least once each week or as frequently as may be recommended by the county health department.

(k)   Storing solid waste from the cleaning of domestic animal shelters in metal containers with tight-fitting metal lids and disposing of such solid waste at least once each week.

(l)    Providing proper drainage so that there is no accumulation of rainfall or liquid waste.

(m)  All animal enclosures shall be at least 100 feet from any dwelling or adjoining premises at the nearest points thereof.

(Code 1999, 10-144; Ord. 103-2002; Code 2016)

Any permit granted hereby may be revoked by the governing body upon the conviction of the permit holder in municipal court of any violation of this division. No complaint in municipal court for the violation of this division shall be valid unless the person alleged to be in violation hereof shall be first served with a notice in writing, by personal service or restricted U.S. Mail, return receipt requested, notifying said person that said person is in violation of this division and said person is allowed a minimum of 30 days in which to abate the conditions creating the violation.

(Code 1999, 10-145; Ord. 103-2002; Code 2016)

A violation of this article shall be a misdemeanor and shall be punished by a fine not to exceed $100.00 for each day the violation shall continue beyond the 30-day abatement period.

(Code 1999, 10-146; Ord. 103-2002; Code 2016)

Nothing contained herein shall prevent the city from pursuing any civil nuisance abatement procedure against any person who may be in violation of this division.

(Code 1999, 10-147; Ord. 103-2002; Code 2016)

(a)   It shall be unlawful for any person owning, harboring or keeping any chickens, geese, ducks, guineas or turkeys to permit them to run at large within the city.

(b)   It shall be unlawful for the owner or the keeper or person in charge of any horse, mule, jack, hog, sheep, goat, cattle or any other animal belonging to the class called “neat” willfully to allow or permit such animal to be or to run at large within the city, or to be herded upon the streets, alleys or public grounds of the city, or to graze in such places, or to be picketed upon the private grounds in the city in such a manner as to allow any such animals to be upon any street, alley or public ground of the city.

(Code 1999, 10-148, 10-181; Ord. 103-2002; Ord. 303; Code 2016)

(a)   When any of the animals named in Section 2-308 shall be found at large in the city and not under the control of its owner or keeper, it shall be the duty of the person designated by the Mayor to take up such animal and keep it in a safe place temporarily until its owner or keeper may be found.  The officer of the city shall make diligent inquiry for the owners or keepers of any such animal and shall return the animal to the person lawfully entitled to the animal when ascertained.  The city shall be entitled to receive from any such person the cost of feeding and keeping of any animal taken up under this section at a rate of $5.00 per day per animal for fowl and $10.00 per day per animal for other livestock.  In addition to the cost of care, a total fee of $50.00 (not per animal) shall be paid to the city clerk as reimbursement to the city for the cost of impoundment.  All fees shall be paid prior to the animal or animals being released.

(b)   If the owner or the owner’s authorized agent does not pay all fees and claim the animal after five business days of when the animal is taken into custody, the city shall cause the livestock to be delivered to a public livestock market to be sold at such market to the highest bidder.  If no livestock market is available, the city shall advertise in the official city newspaper and sell the animal to the highest bidder.  All proceeds received by the city shall be paid to the general fund.

(Code 1999, 10-182; Ord. 303; Code 2016; Ord. 475-2017)

It shall be unlawful for any person to keep any of the animals named in Section 2-308 or to feed or maintain the animal on any private premises in the city for other than domestic uses or purposes. No animal may be kept within the city for the purpose of breeding or for hire or like commercial purposes; however, nothing in this section shall be construed to prevent animals from being transported through the city or to be kept with the public stockyard in the city, or be kept at a public livestock market as defined by K.S.A. 47-1001.

(Code 1999, 10-183; Ord. 303; Code 2016)