Unlawful Harbor of Animals

Animals – ORDINANCE NO. G-0801

AN ORDINANCE DECLARING IT UNLAWFUL TO KEEP OR HARBOR ANY CATTLE, HOGS, HORSES, MULES, SHEEP, GOATS, RABBITS, CHICKENS, OR GAME BIRDS WITHIN THE LIMITS OF THE CITY OF EASTBOROUGH, AND PROVIDED PENALTIES FOR THE VIOLATION THEREOF.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:

SECTION 1

It shall be deemed unlawful for any person or family, living within the boundary of the City of Eastborough, Kansas, to keep or harbor, or permit to remain on premises, any cattle, hogs, horses, mules, sheep, goats, rabbits, chickens, or game birds.

SECTION 2

Any one violating the provisions of this ordinance shall be deemed guilty of a misdemeanor, and shall be fined in any sum not less than $50.00 nor more than $250.00 for each violation of the terms of this ordinance.

SECTION 3

Section 1 of this ordinance shall not apply if the animal in question is deemed, for purposes of the American with Disabilities Act, to be a service animal necessary to perform tasks for the benefit of an individual with a disability who resides in the home.

SECTION 4

In order for Section 3 to apply, an Eastborough resident must apply to the Eastborough compliance officer for a permit to maintain the prohibited animal within the limits of the City of Eastborough. The said resident must provide documentation that an animal prohibited by Section 1 has been trained as a service animal as defined by the American with Disabilities Act.

SECTION 5

REPEAL. Ordinance numbered 82 is hereby repealed.

SECTION 6

REPEAL. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication once in the official city newspaper.

Passed and adopted by the City Council this 22nd day of January, 2008.

ATTEST:
Kay Brada, City Clerk