El Dorado, Kansas

6.04.010 – Definitions.

As used in this title:

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“Commercial animal enterprise” means and includes but not be limited to enterprises such as kennels, pet shops, riding stables, animal auctions, performing animal exhibitions, animal training services, grooming shops, petting zoos, aviaries or any similar entrepreneurial relationship regarding animals.

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“Kennel” means premises wherein an owner has more than four dogs or four cats, or any combination thereof, or any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

6.08.051 – Redemption of impounded animal.

B. If a dog or cat has been impounded on two prior occasions, the dog or cat must be spayed or neutered before being released to the owner of the impounded animal on a third occasion. The owner of the dog or cat will be responsible for arranging for the spay or neuter surgery. The dog or cat will be transported to the veterinarian by an animal control officer or an employee or agent of the animal shelter. The cost to spay or neuter the dog or cat shall be paid by the owner, along with impoundment and boarding fees, either to the animal shelter or to the veterinarian in advance of transporting the animal for the surgery. After the surgery is performed, the veterinarian may release the dog or cat to the owner.

6.08.061 – Adoption of animals.

A. All animals which are adopted from the animal shelter shall be surgically altered to prevent reproduction by that animal. Any animal adopted from the animal shelter or other agent of the city, will be altered before it leaves the animal shelter. If the animal being adopted is not able for reasons of age or medical reasons to be sterilized, a general adoption agreement setting a date that the animal being adopted must be surgically altered by (generally dogs and cats could be altered after reaching twelve (12) weeks of age) will be signed by the person adopting the animal.

B. Failure to comply with this section or failure to comply with the terms of this adoption contract shall give the animal control officer the right to recover the adopted animal in question and revoke the owner’s adoption contract. Such failure shall also constitute a violation of this chapter.

C. The adoption fee shall be increased or decreased as needed by policy, to include and cover the cost of surgically altering, sheltering, medicating, vaccinating and preparing the animal for adoption.

6.12.070 – Kennels—Permit requirements.

Any person maintaining or operating a kennel within the city must obtain a permit as provided in this chapter. Written application shall be made to the animal control division or designated agent, which shall include name and address of applicant, description and type of all animals kept or harbored on one premises for a period of longer than three months during the permit period. Permits will not be required for veterinary hospitals, animal clinics or public animal shelters.

6.12.080 – Permit period and issuance.

A. Permit period shall begin January 1 and run for one year. Applications for permits may be made thirty (30) days prior to and up to sixty (60) days after the beginning of the permit period. Upon receipt of the permit application, the animal control officer shall inspect the premises, enclosures and/or equipment of the applicant for compliance with provisions of this chapter and other applicable laws. Following approval by the animal control officer and payment of the applicable fee hereinafter set out, a permit shall be issued.

B. Annual permit fees shall be in accordance with Section 1.15.010.

6.12.090 – Kennels regulated—Location.

A. Any person operating a kennel within the city shall comply with all other sections of this chapter, including but not limited to animals at large, licensing requirements, and cruelty to animals.

B. No Class 1 kennel may be located in a residential zone. Currently licensed kennel owners in a residential zone and those who become licensed in a residential zone prior to March 1, 2003, may continue to renew their Class 1 kennel license thereafter until the kennel is phased out pursuant to a policy implemented by the city of El Dorado whereby any animals that are permanently removed from the premises may not be replaced. Any change in the number of animals shall be reported by the licensed owner to the animal control officer and their license will be adjusted accordingly.

C. No Class 1 kennel may be located in a residential zone. Currently licensed kennel owners in a residential zone and those who become licensed in a residential zone prior to March 1, 2003, may continue to renew their Class 1 kennel license thereafter until the kennel is phased out pursuant to a policy implemented by the city of El Dorado whereby any animals that are permanently removed from the premises may not be replaced. Any change in the number of animals shall be reported by the licensed owner to the animal control officer and their license will be adjusted accordingly.

6.12.100 – Revocation.

The animal control officer may revoke any permit or license if the person holding such permit or license refuses or fails to comply with this chapter or any law governing the protection and keeping of animals. Any person whose permit or license is revoked shall within ten days thereafter humanely dispose of all animals owned, kept or harbored by such person and no part of the permit or license fee shall be refunded. No person who has been convicted of cruelty to animals shall be issued a kennel permit. Any person having been denied a permit may not reapply for a period of thirty (30) days. Each reapplication shall be accompanied by a fee in accordance with Section 1.15.010.

6.12.110 – Requirements for sale.

A. It is unlawful for any person, firm or corporation to sell or attempt to sell dogs or pups in the city without furnishing a certificate showing the date of birth of such dog or pup and its name and address, or a health certificate from a licensed veterinarian, which certificate shall be transferred to the purchaser of such dog from the person selling the dog.

B. It is unlawful to sell any dog over six months of age unless the dog has first been inoculated against rabies and a certificate of vaccination issued.