ORDINANCE 24-11198
AN ORDINANCE AMENDING CHAPTER 7 OF THE SALINA CODE AMENDING EXISTING SECTIONS 7-31, 7-33, AND 7-58 TO ADDRESS THE REGULATION OF CHICKENS KEPT ON RESIDENTIAL PROPERTIES WITHIN THE CITY OF SALINA, KANSAS; AND REPEALING EXISTING SECTIONS 7-31, 7-33, AND 7-58.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 7-31 of the Salina Code is amended to read as follows:
Sec. 7-31. Prohibited owning; exemptions.
(a) The owning, harboring, keeping, possessing or selling of any wild, exotic, poisonous or vicious animal within the city limits is hereby prohibited. This prohibition shall not apply to:
(1) Those wild or exotic animals kept under a rehabilitation or scientific and exhibition permit of the Kansas Wildlife and Parks Department.
(2) Zoos, circuses, carnivals, veterinarian clinics in possession of such animals during treatment, educational institutions or medical institutions.
(3) Persons temporarily transporting such animals through the city.
(b) The owning of any fowl within the city limits is hereby prohibited, except:
(1) Caged birds kept as pets within a residence structure; or
(2) Ducks and geese with a minimum of four hundred (400) square feet of water per duck or goose. Each location is limited to a maximum of fifteen (15) water fowl; or
(3) The owning of chickens shall be limited to a maximum of fifteen (15) per residence, kept in accordance with section 7-33;
(4) Chicken coops, tractors, and runs shall only be in a rear yard area that is fully enclosed by a fence and not be in any front or side yard area. Notwithstanding this, any dwelling on a corner lot may have chicken coops, tractors and runs in a side yard provided the chicken coops, tractors and runs are located behind the home. All distance requirements will need to continue to be met for corner lot dwellings.
(5) Pigeons, kept in accordance with section 7-33;
(6) Other domestic fowl, kept in accordance with section 7-31(c)(2).
(c) No livestock, including but not limited to horses, mules, cattle, sheep, goats, and swine, shall be owned, or maintained within the city limits, except:
(1) Horses which are used for riding purposes may be stabled within the city limits only in designated areas which have been given a special permit for the purpose by the city-county health department. Such designated areas, for the purpose of health and sanitation, shall be under the supervision of the health officer. If at any time such designated areas shall become a nuisance or a fly-breeding or rat-infested area, the health officer shall have the authority to revoke such special permit within ten (10) days after notifying the board of commissioners.
(2) Livestock in conjunction with livestock auctions, livestock shows and rodeos given a permit by the city-county health department.
(d) It shall be unlawful for any veterinarian within the city to fail to report to the supervisor the examination or treatment of any animal that is owned or maintained in violation of this chapter.
Section 2. That Section 7-33 of the Salina Code is amended to read as follows:
Sec. 7-33. Location of yard housing for animals.
(a) It shall be unlawful for any person to maintain any chicken coop, pigeon cote, or rabbit hutch closer than fifty (50) feet to the nearest portion of any dwelling occupied by any person, other than the dwelling occupied by the owner of the animals. Any yard housing for the animals shall be subject to the maintenance requirements prescribed in section 7-58, and any yard enclosure shall be so constructed and maintained that any animal kept therein is securely confined and prevented from escaping therefrom.
(b) No chickens, pigeons, ducks or geese shall reside within the living area of the owner's residence.
Section 3. That Section 7-58 of the Salina Code is amended to read as follows:
Sec. 7-58. Proper maintenance of animal yard structures and pens required.
- It shall be unlawful for any person to keep or maintain any animal in any yard structure or area that is not clean, dry, and sanitary; free from debris and odors which are offensive to a reasonable person of ordinary sensibilities and which adversely or unreasonably interfere with the use and enjoyment of property by emanating or crossing any property line; and free from rodents and vermin.
- Excrement shall be removed daily from any pen or yard area where animals are kept and, if stored on the premises of any animal owner, shall be stored in adequate containers with fly-tight lids.
- All animal pens and yard shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
- All earthen yards or runways wherein chickens are kept shall be spaded, then limed once every three (3) months from the month of April through the month of December. All structures or pens wherein chickens are kept shall be sprayed to control flies and other insects.
- All premises on which animals are kept shall be subject to inspection. If determined from such inspection that the premises are not being maintained in a clean and sanitary manner, then the owner of the animals shall be notified in writing to correct the sanitation deficiencies within twenty-four (24) hours after such owner is served with the notice. Upon the second such notice within a twelve-month period; the owner shall be issued a summons for violation of this section. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.
Section 4. Existing Salina Code sections 7-31, 7-33 and 7-58 are repealed.
Section 5. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 6. This ordinance shall be in full force and effect from and after January 1, 2025, following its adoption and publication on the City’s website.
Adopted: March 25, 2024
Bill Longbine, Mayor
[SEAL]
ATTEST:
Nikki Goding, City Clerk