For purposes of this Article, the following terms shall be defined in the following manner:
(a) “Inherently dangerous animal” shall be defined as any member of the canidae, felidae or ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and as any of the following members of the class reptilia:
(1) Venomous reptiles including, but not limited to, all members of the following families: Helodermidae (gila monsters and Mexican beaded lizards), Viperida (vipers), Crotalidae (pit vipers), Atractaspidae (burrowing asps), Hydrophilidae (sea snakes), and Elapidae (cobras, coral snakes);
(2) “Rear-fanged” snakes of the family Colubridae that are known to be dangerous to humans including, but not limited to, boomsiangs, twig snakes and keelbacks;
(3) The following members of the family Boidae: Python reticulatus (reticulated python), Eunectes sp. (anaconda), Python sebae (African rock python), Python molorus (Burmese python); and
(4) Members of the order Crocodilia (crocodiles, alligators, and caiman).
(b) “Canidae” includes any member of the dog family not customarily domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis familiaris).
(c) “Felidae” includes any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus).
(d) “Ursidae” includes any member of the bear family or any hybrids thereof.
(Ord. 841; Code 2016)
It shall be unlawful to own or possess within the city limits of the City of Peabody, Kansas, any inherently dangerous animal as defined in 2-201. Excluded from the foregoing prohibition are the following:
(a) Those individuals who own or harbor such animals on the date of the enactment of this article, providing said persons meet the following requirements:
(1) Be at least 18 years of age;
(2) Possess a current United States Department of Agriculture (USDA) license and be in full compliance with their regulations therefor; and
(3) By January 1, 1997, satisfy all requirements for and obtain an annual license from the City of Peabody to possess an inherently dangerous animal pursuant to 2-203 of this Article; provided, however, that this exclusion shall not apply to nor permit the harboring within the city limits of any venomous reptile which is not native to the State of Kansas.
(b) Licensed or accredited medical or educational institutions possessing a current United States Department of Agriculture (USDA) license and being in full compliance with their regulations therefor.
(c) Veterinary clinics in temporary possession of such animals for treatment or rehabilitation purposes.
(d) Traveling circuses and carnivals.
(e) Persons temporarily transporting such animals through the city limits, provided that such animals shall at all times be and remain in enclosed, secured cages or similar containers while within the city limits and do not remain within the city limits for a period in excess of twenty-four (24) hours (unless one of the other exceptions above applies).
(Ord. 841; Code 2016)
(a) To obtain a license to keep any inherently dangerous animals within the City of Peabody, a person shall make written application to the City Clerk, which application shall include the following:
(1) Proof (in a form that can be copied or retained by the City Clerk) of the applicant’s age and of the applicant’s possession of a current United States Department of Agriculture (USDA) license for the facility as to which application is being made.
(2) The legal description of the property sought to be licensed, and a site map or other illustration of the existing accommodations for the harboring and maintenance of such animals, including a description of the size of each facility, the materials employed, and the safety and security features included.
(3) A description of each of the animals currently being maintained in such facility.
(4) Proof (in a form that can be copied or retained by the City Clerk) of the maintenance by the applicant of general public liability insurance coverage as to the applicant and as to the maintenance of such animals and of such facilities in an amount not less than $500,000. Such policy or policies of insurance must be endorsed to require that such insurance may not be cancelled until notice of such cancellation has been given to the City Clerk of the City of Peabody, Kansas, not less than thirty (30) days prior to such cancellation.
(b) All information and materials submitted with such application shall be subject to verification by the City Clerk, by the Chief of Police, and/or by any other authorized agent or representative on the City’s behalf. The applicant must make the premises available for purposes of such inspections as shall be reasonably necessary to make such verification. Any such premises shall also be subject to periodic inspection, upon demand, as reasonably necessary to determine continuing compliance with the terms of this article. By making application for a license, an applicant does thereby give his or her consent to the inspection requirements of this article.
(c) Any license issued hereunder shall be nontransferable, either to any other person or party, or to any other premises within the city.
(d) Any such license must be renewed on an annual basis, from the anniversary date of its issuance, and all of the above requirements must be satisfied for each such renewal.
(e) Such license shall be denied or shall be cancelled, and all inherently dangerous animals must then be removed within thirty (30) days thereafter, if any of the following should occur:
(1) If it is determined that any information provided with the application is materially false; or
(2) If the required liability insurance coverage lapses or is cancelled without immediate replacement thereof; or
(3) If the licensee’s license with the United States Department of Agriculture (USDA) license is suspended or revoked; or
(4) If there occurs any incident in which any inherently dangerous animal escapes confinement from the outermost portion of the facility’s security fencing, or any inherently dangerous animal otherwise comes to be running at large within the meaning of Section 2.104(a) of the Code of the City of Peabody, Kansas; or
(5) If the licensee is convicted for the violation of any of the provisions of this article.
(f) The facilities licensed hereunder may be renovated or repaired, but may not be materially expanded, and may not be replaced in the event of any casualty thereto of more than fifty percent (50%) of its structural valuation prior to such casualty; and, further, such use may not be reinstituted for the harboring or maintenance of any inherently dangerous animals in the event of any lapse or abandonment of such use for a period of thirty (30) or more consecutive days.
(Ord. 841; Code 2016)
Any person convicted of violating the provisions of this article shall be fined not less than two-hundred ($200.00) nor more than five hundred dollars ($500.00), and upon any second or subsequent conviction shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and confined in the county jail for not more than ten (10) days. Each consecutive day’s violation shall constitute a separate offense.
(Ord. 841; Code 2016)