Wichita, Kansas

Sec. 6.04.010. – Definitions.

Dog breeder means a person who raises or produces dogs or puppies for sale or profit.

It is presumed that a person who advertises the sale of dogs or puppies or a person who owns two or more unaltered female dogs is a dog breeder. Such term shall include persons who are licensed by the State of Kansas as an animal dealer, retailer breeder, animal breeder, hobby breeder or hobby kennel. Such term shall include a person who owns one or two unaltered Pit Bulls.

Sec. 6.04.155. – Dog breeder license; breeder inspections.

(a) No person shall be a dog breeder, as defined by section 6.04.010, unless such person is properly licensed by the City of Wichita as a breeder.

(b) All dog breeders, shall make an application for, and obtain an annual dog breeder’s license as established and described by this section.

1. An application for a breeder’s license shall be obtained from the City Treasurer’s Office, Animal Services or the City of Wichita’s website. The application shall contain the following information:

a. The name, date of birth and address of the applicant;

b. The name, breed, color, sex and age of all dogs owned by the applicant;

c. Documentation that all animals are properly vaccinated and licensed;

d. Name and address of the licensed veterinarian who is responsible for the care and treatment of the animals;

e. A signed statement by the applicant that the information is true and correct;

f. The permanent ID or microchip number of all animals owned, if available;

g. A statement as to whether there is a fenced yard or fenced run available for the confinement of the dogs.

h. A statement as to whether the applicant has ever had a licensed suspended or revoked which was issued by the State of Kansas pursuant to the Kansas Pet Animal Act. Such statement shall contain the date of any such suspension or revocation.

i. The zoning classification for the premises where the animals will be maintained.

j. A copy of any current license issued to the applicant by the State of Kansas pursuant to the Kansas Pet Animal Act.

2. The Chief of Police or designee is empowered to establish administrative requirements for obtaining dog breeder licenses. Application forms and administrative requirements can be obtained through Animal Services, City Treasurer, or the city website.

(c) Approval of dog breeder licenses shall be contingent upon the applicant’s compliance with all administrative requirements set forth by the Chief of Police or designee including, but not limited to, proper veterinary care, health certification of breeding stock and offspring, and compliance with all applicable requirements, and/or regulations of the City of Wichita and the State of Kansas.

(d) The Chief of Police or designee may refuse to approve issuance or renewal of, or revoke, a breeder’s license for one or more of the following conditions:

1. Failure of the applicant to provide proof that the animals are properly licensed and vaccinated;

2. The making of any false statement as to any material matter in the application for a license, or a license renewal, or in a hearing concerning the license;

3. Violation by the applicant of a provision of this title, the Kansas Pet Animal Act or any state or federal law relating to the care and treatment of animals;

4. Suspension or revocation of a license issued by the State of Kansas pursuant to the Kansas Pet Animal Act; or

5. The applicant has a history of allowing animals to run loose or escape, has otherwise been found to be neglectful, has had an animal identified as a nuisance, or has previously been determined to have violated the provisions of this title.

(e) No breeder’s license shall be approved or renewed for premises zoned residential by the Wichita/Sedgwick County Unified Zoning Code.

(f) No breeder’s license shall be approved for an individual who owns more than two unaltered pit bulls, unless otherwise exempted within this title. If the Chief of Police or designee refuses to issue or renew a license under this section, such individual shall have the appeal rights established by section 6.04.158.

(g) The fee for a breeder license is established at fifty dollars annually. Such licenses shall expire one year from the date of issue. The City Treasurer shall impose a penalty of $50.00 dollars annually on all delinquent license renewals beginning 30 days following the expiration of the previous license. Failure by a person to obtain a breeder license as required by this section shall constitute a misdemeanor. Conviction of two or more violations of this Code within a two-year period may result in revocation of the breeders’ license. The individual shall be precluded from obtaining a breeder’s license for a period of 24 months following the revocation.

(h) All places and premises by licensed breeders or persons seeking approval for a breeder license as described by this chapter shall be open during reasonable hours for inspection by Animal Control in order to ensure the health, safety, and welfare of the animals on said property. If upon such an inspection by Animal Control any person who has been granted or applied for a license is found violating any of the regulations prescribed in this chapter, or any provisions within the Unified Zoning Code, or any administrative regulation established by the Chief of Police or designee such person shall be given a written notice of such violation. If such violation or violations of this Code do not or cannot cease within 24 hours of such notification, the permit, or license may be revoked or canceled by action of the Chief of Police or designee, pursuant to the procedures set forth in section 6.04.159 of this Code.

(i) It shall be unlawful for any breeder of Pit Bulls, as defined by this title, to engage in the breeding of such animals with an owner, keeper or harborer of a Pit Bull involved in the breeding process who is not also licensed as a breeder.

(j) Upon a first conviction of a violation of the provisions of this section, a minimum fine of $100.00 shall be imposed. Upon a second or subsequent conviction, of a violation of the provisions of this section, a minimum fine of $250.00 shall be imposed. In addition, the Municipal Court Judge may impose a term of imprisonment not to exceed six months and/or a fine not to exceed $1,000.00.

Sec. 6.04.158. – Appeal from denial of breeder’s license, animal maintenance permit, or determination that dog is a Pit Bull.

(a) If the Chief of Police or designee has determined that an applicant is not eligible for a breeder’s license or animal maintenance permit, he or she will make an appropriate determination based on the known facts and consistent with the provisions of this title.

(b) The Chief of Police or designee shall notify the individual of the denial in writing, stating the reasons for the denial of such application. Service of the notice shall be by certified mail, return receipt requested. Service of process by certified mail shall be considered obtained upon the delivery of the certified mail envelope.

(c) The applicant of a denied application or the owner of a dog deemed to be a pit bull may request an administrative review of the determination by filing a written request with the Chief of Police or designee within ten days of receipt of such notification.

(d) The Chief of Police or designee will conduct a hearing within ten days of receipt of the owner’s request. At such hearing, testimony may be offered by the owner of the dog(s) or animals, the Animal Control Officers and/or staff of Animal Control, neighbors, or other affected persons, and veterinarians concerning the lineage of the dog, or the care and maintenance of the dog.

(e) The Chief of Police or designee shall determine an appropriate disposition based on the facts determined at the hearing and the provisions of this chapter and will notify the applicant in writing of the outcome of the hearing within five business days. The owner may appeal the hearing outcome as provided in section 6.04.210 of this Code.

Sec. 6.04.159. – Revocation or suspension of license or permit.

(a) The Chief of Police or designee, upon written notice to the licensee or permit holder, shall have the authority to suspend or revoke any permit, license or variance granted by the Chief of Police or designee for one or more of the following reasons:

(1) Violation by the licensee or permit holder of the provisions of this title, the Kansas Pet Animal Act, or other state or federal laws relating to the care and maintenance of animals.

(2) Obtaining the license or permit by fraudulent conduct, false statements or has otherwise made a material misrepresentation of fact in the application.

(3) Upon inspection, the Supervisor of Animal Control or designee observes premises which are not in a clean and sanitary condition in compliance with the health standards set forth in this title.

(4) The licensee or permit holder has violated any terms or conditions of the license, permit or variance.

(5) The animal’s place of keeping constitutes a nuisance to the surrounding neighbors;

(6) Humane standards of care are not being met by the permittee;

(7) A violation of Unified Zoning Code has occurred;

(8) The licensee or permit holder had provided false information in their application.

(9) The licensee or permit holder has had a license issued by the State of Kansas pursuant to the Kansas Pet Animal Act or any other governmental agency related to the care of animals suspended or revoked.

(10) The licensee or permit holder cannot be contacted for an inspection within two weeks of an initial request for an inspection of such premises or the licensee or permit holder refuses the animal control officer access for an inspection.

(b) Individuals aggrieved by the suspension or revocation of any permit, license or variance may appeal to the City Council within ten days of the notice of such decision as set forth in section 6.04.210 of this Code.

(c) An appeal taken from an order of suspension or revocation shall not suspend the order of suspension or revocation during the pendency of such appeal.

(d) For the purposes of subsection (a) above, written notice shall be deemed sufficient upon the mailing of the notice to the applicant for the permit or license on file in the Office of the City Treasurer.