City of Haviland 
    109 N. Main
    PO Box 264
    Haviland, KS 67059-0264
    Phone:  620-862-5317
    cityhall@havilandtelco.com
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Ordinances

Ordinance No. 372 Regulation Manufactured, Mobile, and Modular Homes  




ORDINANCE NO. 374

AN ORDINANCE OF THE CITY OF HAVILAND, KANSAS, ADOPTING BY REFERENCE THE LEAGUE OF KANSAS MUNICIPALITIES 2019 STANDARD TRAFFIC ORDINANCE, 47th EDITION.

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

                SECTION 1.  There is hereby adopted and incorporated by reference the 2019 Standard Traffic Ordinance as drafted by the League of Kansas Municipalities, 47th edition, such code being made as a part of the ordinances and code of the City as if the same had been set out in full herein, all as authorized and in the manner proscribed by K.S.A. 12-3009 through 12-3012 and K.S.A. 12-3301 and 12-3302.  All citations refer to the Kansas Statues in effect 7-1-19 unless otherwise noted.  There must be at least one official copy of the Uniform Public Offense Code on file with the city clerk.  Enforcing officers should also have copies.

             SECTION 2.  This ordinance shall be in full force and effect from and after its publication once in the official City newspaper.

Passed and adopted by the Governing Body of the City of Haviland this 9th day of September 2019.

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ORDINANCE NO. 375

AN ORDINANCE OF THE CITY OF HAVILAND, KANSAS, ADOPTING BY REFERENCE THE LEAGUE OF KANSAS MUNICIPALITIES 2019 UNIFORM PUBLIC OFFENSE CODE, 35th EDITION.

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

                SECTION 1.  There is hereby adopted and incorporated by reference the 2019 Uniform Public Offense Code as drafted by the League of Kansas Municipalities, 35th edition, such code being made as a part of the ordinances and code of the City as if the same had been set out in full herein, all as authorized and in the manner proscribed by K.S.A. 12-3009 through 12-3012 and K.S.A. 12-3301 and 12-3302.  All citations refer to the Kansas Statues in effect 7-1-19 unless otherwise noted.  There must be at least one official copy of the Uniform Public Offense Code on file with the city clerk.  Enforcing officers should also have copies.

                SECTION 2.  This ordinance shall be in full force and effect from and after its publication once in the official City newspaper.

Passed and adopted by the Governing Body of the City of Haviland this 9th day of September 2019.

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ORDINANCE NO. 376

AN ORDINANCE OF THE CITY OF HAVILAND, KANSAS, RESTRICTING THE KEEPING OF LIVESTOCK AND LARGE ANIMALS WITHIN THE CORPORATE LIMITS

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

                SECTION 1.   That no livestock animal including but not limited to pigs, sheep, chickens, goats, bison, llamas, cattle, horses or any animal having a weight of greater than 200 lbs may be kept within the corporate limits of the City of Haviland without prior written approval of the City Counsel.

                 SECTION 2.     That this ordinance shall not be applied retroactively and that any animal currently kept within the corporate limits of the City of Haviland not permitted by Section 1 and shall be permitted to remain until such specific animal dies or otherwise no longer resides in the City of Haviland.

                 SECTION 3.     That any violation of Section 1 shall be punishable with a fine of $200 and incarceration of not to exceed 30 days. That every subsequent 10 days the animal remains within the corporate limits shall be a subsequent violation.

Passed and adopted by the Governing Body of the City of Haviland this 9th day of September 2019.

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ORDINANCE NO. 377

AN ORDINANCE RELATING TO AND PROVIDING FOR THE REGULATION, CARE OF AND CONTROL OF ANIMALS; PROVIDING FOR THE TAXING OF THE OWNERS AND HARBORERS OF ANIMALS: PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF; AND REPEALING ORDINANCE NO. 358.

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

                SECTION 1.  ANIMALS AT LARGE PROHIBITED:  FEES AND FINES.  All animal owners and keepers are required to securely restrain their animals on their premises, in their vehicles or on a leash when not on their premises.  Owners and keepers shall not permit animals to run at large.  Animals found, by any duly appointed official of the City of Haviland, to be at large may be impounded or a notice may be issued to the owner or keeper that the animal is in violation of this Ordinance or both.  Violations of this section shall be punishable with up to 30 days incarceration and a fine of fifty dollars ($50.00) on a first offense, one hundred dollars ($100) on a second offense, and two hundred dollars ($200.00) and incarceration of not to exceed thirty (30) days on a third or subsequent offense along with all other assessed fees and court costs.

                SECTION 2.  LICENSE REQUIRED AND FEES.  It shall be unlawful for any person to own or keep any animal as pet for over six (6) months of age within the corporate limits of the City of Haviland without registering such animal and paying a yearly license fee thereon.  Animals, which are to be kept within the City limits for less than thirty (30) days, are excluded from the license requirements.  Owners or keepers shall be required to register and pay the license fee for their animals within thirty (30) days after the animal has reached the age of six (6) months.  Upon registration and payment of the license fee, a tag will be issued.  The owner or keeper must affix the tag to the registered animal.  Before an animal tag will be awarded, a certificate must be procured from a licensed veterinarian, which will attest to the fact that the animal has been vaccinated and inoculated with a recognized anti-rabies vaccine.  The certificate must include notification of any limits of said vaccination.  It shall be unlawful to take off or remove said tag.  The tag shall be non-transferable.

                Animals must be re-registered by April 30 of each new year.  The annual license fees are as follows:

a)       One dollar ($1.00) for each neutered male or spayed female animal; providing that the person registering and paying the license fee for a neutered or spayed animal present a certificate from a licensed veterinarian to the City Clerk showing that such animal has been spayed.

b)      Three dollars ($3.00) for each non-neutered or unspayed animal.

c)       The owners of “seeing eye dogs” shall not be subject to the license fee but registration is still necessary.

d)      Lost tags:  When sufficient evidence is supplied to the City Clerk that the tag has been lost, the Clerk will issue a duplicate tag upon payment of fifty cents (50¢). 

                SECTION 3.  IMPOUNDING.  A duly appointed City official may capture, take up and impound animals found at large in the City or without tags.  The City official shall attempt to notify the owner or keeper of any animal impounded, if such owner or keeper is known or reasonably ascertainable.  Notices will be posted in public places.  There will be a minimum holding period of three full business days before the animal will be removed unless requiring veterinarian care.   If the animal is not released to the owner within three working days, the animal may be taken to and disposed of by a humane society in accordance with the humane society’s practice, or taken to the veterinarian center working with the City (unless the vet authorizes the animal to be euthanized by the Animal Control Officer).  The animal may be released to the owner or keeper when all fines, including prior unpaid fines for animal violations, have been paid in full, the animal has been registered with the City (if it has not been registered), written proof given to the City that the animal has had their rabies vaccination and payment has been made for the impoundment fee of a twenty-five dollar ($25.00) for each animal per day,

 SECTION 4. ABANDONMENT OF ANIMAL.  It shall be unlawful for any person to abandon a animal within the City limits. Violations of this section shall be punishable with incarceration not to exceed thirty (30) days and a fine of fifty dollars ($50.00) on a first offense, one hundred dollars ($100) on a second offense, and two hundred dollars ($200.00) and incarceration of not to exceed thirty (30) days on a third or subsequent offense on a third or subsequent offense.

             SECTION 5. KENNEL REGULATIONS. No person shall be permitted to maintain an animal kennel within the corporate limits of the City.

             SECTION 6.  DANGEROUS ANIMAL.  It shall be unlawful for any person within the City to keep or own any vicious animal, unless the animal is kept in compliance with Ordinance No. 377.  For the first offense, a fine of not less than Two Hundred Fifty Dollars ($250.00) and not more than Five Hundred Dollars ($500.00) shall be imposed; For the second offense, a fine of not less than Five hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) shall be imposed; For the third offense, a fine of not less than One Thousand Dollars ($1,000.00) and not more than One Thousand Five Hundred Dollars ($1,500.00) or imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment shall be imposed.

In addition, the court shall order the registration of the subject dangerous animal and animals having poisonous bites be revoked, and the animal removed from the City.  Should the owner, keeper or harborer refuse to remove the animal from the City, the Municipal Court Judge shall find the owner, keeper or harborer in contempt and order the immediate confiscation and impoundment of the animal.  Each day that a violation of this ordinance continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, handling, veterinary care and treatment necessitated by the enforcement of this ordinance.

             SECTION 7.  NOISY ANIMALS.  The keeping of any animal, which by loud, frequent and habitual barking, howling, yelping or other loud noise disturbs the peace, is hereby prohibited.  It shall be the duty of any person keeping such loud animal to abate such, and if he or she fails to do so, the duly appointed City official is hereby authorized to abate such by taking up, impounding and disposing of the animal in the same manner as provided in Section 3 of this Ordinance.

                SECTION 8.  ANIMAL BITES:  QUARANTINE.  Whenever any animal has bitten a person, the owner or keeper of such animal shall immediately notify the City Code Enforcement Officer.  The Code Enforcement Officer may order the animal quarantined impounded at the owner or keeper’s expense for a period of at least ten (10) days or until such time as the Code Enforcement Officer finds that such animal shows no evidence of having rabies.  If it is determined that such animal is suffering from rabies it shall be forthwith destroyed; otherwise, it shall be released from quarantine upon payment of impounding charges as provided in Section 3 of this ordinance. Any and all testing, veterinary costs, destruction or disposal costs shall be the responsibility of the owner or keeper of the animal.

                SECTION 9.  MUZZLING ANIMALS; MAYOR’S PROCLAMATION.  The Mayor is hereby authorized, whenever in his or her opinion the danger to the public safety from rabid animals, or animals with hydrophobia, is made imminent, to issue a proclamation ordering all persons owning and/or keeping any animal to muzzle the same with a good and sufficient wire muzzle, completely enclosing the head of said animal or confine the same in a good and sufficient enclosure from which said animal cannot escape, or fasten such animal by means of chains on the premises where the owner and/or keeper may reside.  Upon the owner or keeper’s failure to so muzzle, the animal may be impounded and disposed of pursuant to Section 3 of this ordinance.

                SECTION 10.  VIOLATOR.  In the event the owner or keeper is charged in the Haviland Municipal Court with a violation of any provisions of this Ordinance for which a fine is not specified the violator shall be punishable with a fine of twenty-five dollars ($25) on a first offense; fifty dollars ($50) on a second offence; and two hundred dollars ($200) and incarceration of not to exceed thirty (30) days on a third or subsequent offense along with all other assessed fees and court costs.

                SECTION 11.  When deemed necessary by the Code Enforcement Officer or the Animal Control Officer for the health, safety and welfare of the residents of the City of Haviland, such officers may:

a)       place a humane trap on public or a requesting resident’s property for this purpose of capturing any animal defined in the Ordinance as creating a nuisance to the City,

b)      use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the Animal Control Officer, in his or her discretion, to be of a danger to itself or to the public’s health and safety,

c)       have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this Ordinance.

It shall be unlawful for any person to interfere with the Animal Control Officer in the exercise of his or her duties including the tampering with or moving City traps.

   SECTION 12.  REPEAL OF CONFLICTING ORDINANCES.  Ordinance No. 358 is hereby repealed.

                SECTION 13.  EFFECTIVE DATE.  This Ordinance shall take effect and be in force, from and after its publication in the official City newspaper, The Merchant’s Directory.

Passed by the council the 9th day of September 2019 and approved by the mayor.

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ORDINANCE NO. 378

AN ORDINANCE PROVIDING FOR THE CLASSIFICATION, LICENSING AND KEEPING OF DANGEROUS ANIMALS AND ANIMALS HAVING POISONOUS BITES, WITHIN THE CORPORATE LIMITS OF THE CITY OF HAVILAND, KANSAS.

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

SECTION 1.  DEFINITIONS.  For the purpose of this ordinance, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

a)      “Animal Control Officer” means any person employed or appointed by the City of Haviland who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this ordinance.

b)      “Dangerous Animal” means any animal that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well being, or property if not kept under the direct control of the owner.  The term “dangerous animal” includes any animal that:

1)      Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack;

2)      Has more than once severely injured or killed a domestic animal while off the owner’s property; or

3)      Has been used primarily or in part for the purpose of fighting, or is an animal trained for fighting.

      c)      “Direct control” means immediate, continuous physical control of an animal such as    by means of a leash, cord, secure fence, or chain of such strength to restrain the    animal and controlled by a person capable of restraining the animal, or safe and     secure restraint within a vehicle.

d)      “Muzzle” means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

e)    “Animals having poisonous bites” means any animal of any species that has a poisonous bite.

SECTION 2.  PROCEDURE FOR DECLARING AN ANIMAL DANGEROUS.  Any adult person may request that an animal be classified as dangerous as defined herein by submitting a written complaint.  Upon receipt of such complaint, the Animal Control Officer shall notify the owner, keeper or harborer of the animal that a complaint has been received and that an investigation into the allegations set forth in the complaint will be conducted and the Animal Control Officer will conduct such.  At the conclusion of an investigation, the Animal Control Officer may:

a)      Determine that the animal is not dangerous.

b)      Determine that the animal is dangerous and order the owner, keeper or harborer, to comply with the requirements for keeping dangerous animals as set forth herein.

SECTION 3.  NOTIFICATION OF DANGEROUS ANIMAL DECLARATION.

a)      Within five (5) business days after declaring an animal dangerous, the Animal Control Officer shall notify the owner, keeper or harborer, by certified mail of the animal’s designation as a dangerous animal and any specific restrictions and conditions for keeping the animal as set forth in the City’s ordinance.  Such notification shall also describe the animal.

b)      The notice shall inform the animal’s owner, keeper or harborer, that he or she may request, in writing, a hearing in the Municipal Court to contest the Animal Control Officer’s finding and designation.  Said written request for a hearing must be delivered to the Haviland City office, 109 N. Main, Haviland, Kansas within five (5) business days after delivery of the dangerous animal declaration notice.

SECTION 4.  HEARING ON DANGEROUS ANIMAL DECLARATION

a)      The Animal Control Officer shall notify the owner, keeper or harborer and complainant of the hearing time and date, by certified mail.

b)      At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the Animal’s dangerousness.  Criteria to be considered in a hearing shall include but not be limited to the following:

1)      Provocation;

2)      Severity of attack or injury to a person or domestic animal;

3)      Previous aggressive history of the animal;

4)      Observable behavior of the animal;

5)      Site and circumstances of the incident; and

6)      Statements from interested parties.

c)      A determination at a hearing that the animal is in fact a dangerous animal as defined herein shall subject the animal and its owner to the provisions of this ordinance.

d)      Failure of the animal owner to request a hearing shall result in the animal being finally declared a dangerous animal and shall subject the animal and its owner to the provisions of this ordinance.

SECTION 5.  KEEPING OF DANGEROUS ANIMALS AND ANIMALS HAVING POISONOUS BITES.

a)      Leash and Muzzle.  No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four (4) feet in length.  No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash.  Such animal may not be leashed to inanimate objects such as trees, posts, buildings, etc.  In addition, a dangerous animal on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.  No person shall permit an animal having poisonous bites to go outside of its cage.

b)      Confinement.   All dangerous animals and other animals having poisonous bites shall be securely confined indoors or in a securely enclosed and locked pen, kennel or cage, except when leashed and muzzled as above provided.  Such pen, kennel or structure must have secure sides and a secure top attached to the sides.  All structures used to confine dangerous animals and animals having poisonous bites must be locked with a key or combination lock when such animals are within the structure.  Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two (2) feet.   All structures erected to house dangerous animals and animals having poisonous bites must comply with all zoning and building regulations of the City.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

c)      Confinement Indoors.  No dangerous animal or animals having poisonous bites shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition.  In addition, no such animal may be kept in a house or structure when the windows are open or when screen doors are the only obstacle preventing the animal from exiting the structure.

d)      Identification Photographs.   All owners, keepers or harborer of dangerous animals, and animals having poisonous bites must provide to the Haviland City Clerk two (2) colored photographs of the animal clearly showing the color and approximate size of the animal.

SECTION 6.  PERMIT AND TAG REQUIRED FOR A DANGEROUS ANIMAL.

a)      The owner of a dangerous animal shall, within ten (10) business days after the classification of the animal as dangerous or upon acquisition of such a animal, obtain an annual permit from the City to harbor the animal.  The fee for such permit shall be One Hundred Dollars ($100.00) per year.

b)      At the time the permit is issued, a red rectangular tag shall be issued to the owner of the dangerous animal.  The tag shall be worn at all times by the animal to clearly and easily identify it as a dangerous animal.

c)      The permit for maintaining a dangerous animal shall be presented to an Animal Control Officer upon demand.

    SECTION 7.  DESTRUCTION

a)      The Animal Control Officer or his designee may file a complaint with the municipal court requesting a hearing to order the destruction of an animal if the Animal Control Officer determines the animal to be extremely dangerous to public health or safety, an animal that has made an extremely vicious attack upon an individual, or an animal declared dangerous whose owner, keeper or harborer is unable or unwilling to adequately restrain 

b)      The Animal Control Officer or his designee shall give written notice by certified mail to the owner, keeper or harborer of the complaint along with notice of the date and time of the hearing on the request to order destruction of the animal.

c)      At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the animal’s dangerousness.  Criteria to be considered in a hearing shall include but not be limited to the following:

1)      Provocation;

2)      Severity of attack or injury to a person or domestic animal;

3)      Previous aggressive history of the animal;

4)      Observable behavior of the animal;

5)      Site and circumstances of the incident; and

6)      Statements from interested parties.

d)      The animal shall not be destroyed prior to the conclusion of the hearing.

Section 8.  It shall be unlawful for the owner, keeper or harborer of a dangerous animal and animals having poisonous bites within the City of Haviland to fail to comply with the requirements and conditions set forth in this ordinance.

    Section 9.  Should any person fail to comply with this ordinance the Animal Control Officer may file a complaint in the Municipal Court against such person or persons and upon conviction of any violation of this ordinance, such person shall be deemed guilty of a misdemeanor and shall be punished as follows:
 a)     For the first offense, a fine of not less than Two Hundred Fifty Dollars ($250.00) and not more        than Five Hundred Dollars ($500.00);

b)     For the second offense, a fine of not less than Five Hundred Dollars $500.00) and not more than One Thousand Dollars ($1,000.00);

c)      For the third offense, a fine of not less than One Thousand Dollars ($1,000.00) and not more than One Thousand Five Hundred Dollars ($1,500.00) or imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment.

In addition, the court shall order the registration of the subject dangerous animal and animals having poisonous bites be revoked, and the animal removed from the City.  Should the owner, keeper or harborer refuse to remove the animal from the City, the Municipal Court Judge shall find the owner, keeper or harborer in contempt and order the immediate confiscation and impoundment of the animal.  Each day that a violation of this ordinance continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, handling, veterinary care and treatment necessitated by the enforcement of this ordinance.

         SECTION 10.  CONFLICTING ORDINANCES.  All other ordinances of the City of Haviland that are in conflict with this ordinance are hereby repealed to the extent of the conflict.

Section 11.  If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 12. This ordinance shall take effect and be in full force from and after its publication in the official City newspaper.

Passed by the City Council and approved by the Mayor this 9th day of September 2019.










     

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