Title 6 - Animals

6.04.051 Number of Dogs and Cats Permitted on Properties Annexed by Ordinance No. A-2367 or Ordinance No. A-2719; Permits.

The owning, keeping or harboring of dogs and cats upon any premises or property, or in any dwelling or living quarters of any type within that portion of the City annexed by either Ordinance No. A-2367 or Ordinance No. A-2719 shall be permitted as follows for so long as the property bears a county zoning designation. On any tract 20 acres or larger, an aggregate total of 7 adult cats or dogs, more than one year old, may be kept, boarded, bred or trained, whether or not for commercial gain or as pets. Provided:

1. A.
   Special Animal Permit. Any person who desires to own, keep, or harbor more than the number of dogs or cats permitted above may apply to the City Clerk for an annual Special Animal Permit that shall upon issuance permit the applicant to own, keep or harbor the animals specifically allowed in that Special Animal Permit. 

   1. 1.
      Criteria. All applicants must adequately show that: (1) special circumstances exist that justify the keeping of the subject animals, (2) the keeping of additional animals will not create a nuisance in the surrounding neighborhood, (3) humane care will be provided, and (4) the premises where the animals are kept is suitable for the keeping of multiple animals and is in conformity with all applicable City zoning requirements. The criteria to be evaluated include, without being limited to, the following:

      1. a.
         The animals will be kept or maintained at all times in a safe and sanitary manner.
      2. b.
         The quarters in which such animals are kept or confined will be adequately lighted and ventilated and are so constructed and maintained that they can be kept in a clean and sanitary condition.
      3. c.
         The health and well-being of the animals will not in any way be endangered by the manner of keeping or confinement.
      4. d.
         The keeping of such animals will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood.
      5. e.
         The keeping of such animals will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animals are kept or harbored.
      6. f.
         The animals will not unreasonably annoy humans, endanger the life, health or safety of other animals or persons or substantially interfere with the rights of citizens to the enjoyment of life or property.
      7. g.
         The animals will not repeatedly run or be found at large, will not damage or deposit excretory matter upon the property of anyone other than their owner, and will not chase vehicles or molest or intimidate pedestrians or passersby.
      8. h.
         The animals will not make disturbing noises, including but not limited to, continued and repeated or untimely howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors and others in close proximity to the premises where the animals are kept or harbored, or otherwise be offensive or dangerous to the public health, safety or welfare, by virtue of their behavior, number, type or manner of keeping.
      9. i.
         The applicant, or any person who will share in the care, custody and control of the animals, is not currently in violation of, or has not previously violated any applicable City, state or federal laws, codes, rules or regulations, including, but not limited to, those pertaining to the care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the subject permit.
   2. 2.
      Application. 

      1. a.
         The City Clerk shall deny any application where the applicant fails to show proof of the aforementioned requirements or an examination of the documentation submitted by the applicant, or an investigation, by the Animal Control Division of the Police Department, or both, reveals that in the opinion of the Animal Control Division the applicant has failed to meet the requirements of this Section.
      2. b.
         Any application shall be required to show proof of meeting the required standards beyond a reasonable doubt.
      3. c.
         The Animal Control Division shall submit a written report of its investigation stating the factual basis for its recommendation to grant or deny any application. The Animal Control Division shall consider the comments of neighbors, past violations by applicant, the size, condition and location of the area where the animals will be kept, the size of the animals to be kept, past complaints concerning the applicant, the burden of proof and the criteria set forth in this Section, or any other factors relative to the issue of keeping additional animals.
      4. d.
         The City Clerk shall establish an application process to be followed by all individuals seeking a Special Animal Permit. The Special Animal Permit shall be issued for the period from January 1st through December 31st of each year. The City Manager is hereby authorized to set fees and fee related policies for the Special Animal Permit.  All fees shall be nonrefundable and nontransferable. The Special Animal Permit shall be issued for the individual animals listed in the application and shall not be transferable to other animals. Except for Special Animal Permits required for the keeping of more than 2 foster animals, should an animal subject to the Special Animal Permit be replaced, a new application and Special Animal Permit shall be required, but no new Special Animal Permit fee shall be required. The fact an individual has previously been issued a Special animal Permit may be considered but shall not be controlling in the City Clerk's decision to issue a Special Animal Permit for a different animal. Nothing in this Section shall exempt or except any applicant or any other person from the registration, vaccination or any other requirement of this Chapter.
2. B.
   Permit Revocation. Subject to the appeal process set forth in Section 6.06.055, the permits described in this Section may be revoked by the City Clerk upon a showing that: (1) the animal's place of keeping constitutes a nuisance to the surrounding neighbors, (2) humane standards of care are not being met by the permittee, (3) a violation of any applicable zoning regulations has occurred, or (4) the permittee has provided false information in their application.
3. C.
   Definitions. The terms "nuisance," "humane standards of care" and "special circumstances" shall have the meanings set forth in Section 6.04.050.
4. D.
   Kennels Previously Approved by County. Any person who, prior to annexation into the City, obtained a conditional use permit from Johnson County for a kennel, shall be allowed to keep dogs and cats in greater numbers than set forth above in accordance with the terms of such conditional use permit. Provided, however, any such person may apply for a "special animal permit" as set forth above.
5. E.
   Service Animals. The provisions of this Section 6.04.051 shall not be applicable to service animals. For the purposes of this Section, service animals shall be animals providing the services specified in K.S.A. 39-1103 et seq.

(History: Ord. DAC-3486 §3, 2025; Ord. DAC-3436 §4, 2023; Ord. DAC-2987 §2, 2013; DAC-2693 §2, 2008; DAC-2399 §2, 2002)

Effective on: 1/1/1901