Roeland Park, Kansas

Sec. 2-119. – Keeping Large Numbers of Animals; Special Permit.

(a) No person or household shall own or harbor more than two dogs of six months of age or older or more than one litter of puppies, or more than two cats of more than six months of age or more than one litter of kittens, or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs, or both cats and dogs, without first having obtained a special permit from the City. A special permit for a third dog or a third cat may be approved administratively by the City Clerk. The fee for such special permit, shall be $100.00. No special permit shall be issued until an inspection certificate has been issued by the Animal Control Officer certifying approval of the premises and compliance with the applicable laws of the City. Thirty days after notifying neighbors, if the City Clerk has received not more than one protest concerning the keeping of the animals for which the special permit is being applied for, the City Clerk shall issue a special permit. If two or more complaints are received, the special permit request shall go before the City Council. If three or more complaints are received, the special permit shall be denied. The City shall not allow more than three dogs or three cats per residence. Those persons who have received City Council approval to keep more than three dogs or more than three cats prior to December 22, 2015 shall be exempt from the limitation to have a maximum of three dogs or three cats. This shall only apply to the specific animals for which the special permit was issued.

(b) Special permits must be renewed annually. No special permit shall be issued until an inspection certificate has been issued by Neighborhood Services certifying approval of the premises and compliance with the applicable laws of the City. After notifying neighbors, if the City Clerk has not received any protest concerning the keeping of the animals for which the special permit was issued, the City Clerk may issue a renewal of an existing special permit at the same location. If the Animal Control Officer finds that the holder of any special permit is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the City Clerk, and the special permit shall not be renewed except after a public hearing before the City Council.

(c) The Neighborhood Services or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time. The application for a special permit shall be deemed to constitute consent to such entry and inspection. Should the applicant or any person having control of the property refuse access to the property for an inspection, the Animal Control Officer or law enforcement officer may seek an administrative search warrant.

(d) The City Council may refuse to renew, may suspend or may revoke a special permit if, following a public hearing, it finds any of the following:

(1) The premises are being maintained in violation of any applicable law of the State of Kansas, or of the City.

(2) The premises are being maintained so as to be a public nuisance.

(3) The premises are being maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

Sec. 2-208. – Disposition of Unclaimed Dogs.

(b) No dog or cat may be transferred to the permanent custody of a prospective owner unless:

(1) Such dog or cat has been surgically spayed or neutered before the physical transfer of the dog occurs; or

(2) The prospective owner signs an agreement to have the dog or cat spayed or neutered and deposits with the City not less than the lowest nor more than the highest cost of spaying or neutering in the community as determined by the City. Any funds deposited pursuant to such an agreement shall be refunded to such person upon presentation of a written statement signed by a licensed veterinarian that the dog or cat has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the dog or cat, the City shall keep the deposit and may reclaim the unspayed or unneutered dog or cat.

Sec. 2-209. – Confinement of Dogs or Cats in Heat.

Any unspayed female dog or cat in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or cat may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisances, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.