Article 3. Other Animals - Code of the City of Mount Hope, Kansas

(a) It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.

(b) It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the city any of the following animals:

(1) All poisonous animals including rear-fang snakes.

(2) Apes: Chimpanzees; gibbons; gorillas, orangutans; and siamangs.

(3) Baboons.

(4) Badgers.

(5) Bears.

(6) Bees or Beehives.

(7) Bison.

(8) Bobcats.

(9) Cheetahs.

(10) Crocodilians, 30 inches in length or more.

(11) Constrictor snakes, six feet in length or more.

(12) Coyotes.

(13) Deer; includes all members of the deer family, for example,

white-tailed deer, elk, antelope and moose.

(14) Elephants.

(15) Game cocks and other fighting birds.

(16) Hippopotami.

(17) Hyenas.

(18) Jaguars.

(19) Leopards.

(20) Lions.

(21) Lynxes.

(22) Monkeys.

(23) Ostriches.

(24) Pumas; also known as cougars, mountain lions and panthers.

(25) Raccoons.

(26) Rhinoceroses.

(27) Skunks.

(28) Tigers.

(29) Wolves.

(c) The prohibitions of this section shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions, or medical institutions, if:

(1) Their location conforms to the provisions of the zoning ordinance of the city.

(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

(3) Animals are maintained in quarters so constructed as to prevent their escape.

(d) The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or removed from the city.

(Ord. 88-5-7, Secs. 1:2; Code 1994)

2-302. Keeping certain fowl.

(a) Definitions.

(1) Permittee means a person to whom a permit has been Issued by the City under this section.

(2) Fowl means those animals in the zoological classes, which can be generally defined as domestic birds commonly kept for the production of eggs, meat or feathers.

(3) Chicken indicates an individual animal of the species.

(4) Hen refers to a female chicken.

(5) City refers to the City of Mount Hope, Kansas,

(b) Annual Permit Requirements and Fees.

(1) It is shall be unlawful to own, keep or harbor chickens for any purpose within the city limits without a permit issued pursuant to this section.

(2) Any personal applying to be a permittee shall first complete a permit application provided by the city, which will require approval, a completed inspection and fees paid.

(3) Permit applications must be accompanied by a one-time inspection fee of $25.00.

(4) A $25.00 annual fee must also accompany the permit application. This annual fee is in accordance with fees in place for all domestically kept animals In the city.

(5) There shall be one permit application required per residential address.

(6) If the permittee is renting at the residential property address listed on the permit application; the permit application must be accompanied by written permission from the property owner allowing chickens on the property.

(7) No permit shall be approved for a person who has been convicted, or who resides with any person living in the subject property, who has been convicted of a crime related to maltreatment, mistreatment, neglect, or cruelty to any animal.

(1) No more than 12 hens may be kept at a residential property address within the city.

(2) The number of chickens will be further limited by the square foot requirements listed in subsection (c)(3).

(3) Any permittee found housing more chickens than the space requirements of the coop or run allowed in subsection (e) will be required to remove the additional chickens.

(d) Prohibitions

(1) Roosters are prohibited. It shall be unlawful to own, keep or harbor a roster within the city limits.

(2) Fowl, of any species other than chickens, are prohibited.

(3) No chickens shall be allowed to run free outside the owner’s residential property boundaries.

(4) Housing chickens inside a residence is prohibited.

(5) A permit issued under this ordinance shall not be assignable or transferable under any circumstances.

(e) Enclosure Requirements

(1) The yard or the area In which chickens may be kept must be fully enclosed by fence sufficient to keep the chickens in an enclosed area. Chickens must be kept in an enclosed coop with an attached enclosed chicken run.

(2) All fences and enclosures must be enclosed in such a way to prevent escape and to protect the chickens from predators.

(3) All chickens kept shall be provided with an appropriate coop designed to protect them from weather and the elements in accordance with the following:

(A) Hens shall be provided with a covered, predator-proof coop that is well ventilated and designed to be easily accessed for cleaning.

(B) Coops shall be enclosed with a roof and at least three of the four sides enclosed.

(D) Each chicken shall be provided with a roost of at least 10 inches in diameter and placed at least 2 feet above the floor.

(E) Nesting boxes for laying shall measure at least one (1) square foot each.

(F) One nesting box is required for every three (3) chickens.

(G) Hens shall have access to an outdoor enclosure in the form of a coop enclosure, chicken run or fenced yard. The outdoor run should provide a minimum of eight (8) square feet per chicken.

(H) Coops shall be constructed of materials that can be finished, stained, or painted. Any wooden material must be treated as well as sealed or painted. No galvanized metal roofing materials will be allowed in the structure of the coop.

(I) Windows and vents must be covered with predator and bird-proof wire of less than one-inch openings.

(J) Coop access doors must be able to be securely shut.

(K) The coop shall be built to withstand all weather elements for the region.

(4) Chickens shall be enclosed in their coop overnight.

(f) Setbacks and Placement

(1) Coops and enclosures shall not be located within:

(A) Twenty-five (25) feet from the door or window of any occupied dwelling other than the permittee’s dwelling.

(B) Five (5) feet of a side or rear yard property line.

(D) In a front yard.

(g) Sanitation and Disposal

(1) Every coop, run or yard in which chickens are kept shall be maintained in a clean, dry, and sanitary manner to prevent the accumulation of waste, the emanation of noxious odors, and the presence of pests, rodents or other vermin.

(2) The coop, run or yard including the outdoor enclosure, must be cleaned at least once each week to prevent the accumulation of waste.

(3) Provisions must be made for the storage and removal of chicken manure. All manure not properly stored and not used for composting or fertilizing on the premises shall be removed.

(4) If waste accumulates and a nuisance complaint Is filed, the permittee will get one warning to remedy the situation. If a second complaint is received and validated, a fine of $250.00 will be Issued. If a third complaint is received and validated, the permit will be nullified, and the permittee shall be required to remove the chickens within a reasonable time frame arranged with the code enforcement officer. The permittee will no longer be able to obtain a permit to keep chickens.

(5) Whenever a chicken should die, it shall be the duty of the owner to remove the carcass within 24 hours of the death of the animal, and it shall be unlawful not to do so.

(6) Remains (and remains from slaughtering) shall be properly disposed of, in accordance with all applicable laws.

(7) Slaughtering of chickens shall not take place outdoors.

(8) No (properly bagged) remains may be placed in outdoor trash receptacles for longer than 24 hours before trash removal.

(h) Inspection

(1) As a condition of the approval of the permit application, the permittee agrees to the entry and Inspection of any premises, building, enclosure, or other premises where the chickens are kept or allowed to inhabit. Such inspection shall be conducted at a reasonable time, by the code enforcement officer for the administration of this ordinance or to investigate a nuisance complaint.

(2) Nuisance complaints may require an inspection; and such an inspection must be complied in order to maintain a permit.

(i) Compliance and Penalties

(1) Compliance with all state and local health and sanitation laws and ordinances are required as well as all nuisance and noise laws and ordinances.

(2) Any violation of this ordinance, other than those specifically outline regarding mistreatment, neglect, and manure disposal, will result in one warning and allowance of seven days to remedy the situation. The second violation of any other aspect of this ordinance will result in a fine of $50.00. A third violation will result in the permanent loss of a permit to keep chickens by the permittee in violation as well as any adult residing with the permittee.

(j) Additional Information and Requirements.

(1) Chicken breeds that are considered able to fly should have their wings properly clipped as necessary.

(2) The attack or killing of a chicken by an animal shall not, by itself, cause such animal to be classified as a dangerous or vicious animal.

(Ord. 267-2022)