Chapter II · Animals and Fowl

ARTICLE 1. ANIMALS, GENERAL

Sections 2-101 to 2-108 · 8 sections

2-101 Keeping animals.

No person, firm or corporation shall keep within the city any domestic animal or animals except as provided hereafter. The Board of Health may prepare rules and regulations which may limit the time and designate the place or places where animals may be kept and limit the number of animals kept in any such places for such periods of time.

(Ord. 45, Sec. 1; Ord. 1255, Sec. 1)

2-102 Running at large.

It shall be unlawful for the owner or any other person having charge of any said animal or animals to permit the same to run at large or stray within the city. For the purposes of this chapter the term running at large shall mean any animal within the city not confined to a vehicle or automobile or to the lead of its master or owner, or kept on the premises of its master or owner shall be considered running at large.

(Ord. 45, Sec. 4; Ord. 1255, Sec. 2; Ord. 1527)

2-103 Cruelty.

No person shall in any manner torture or inflict cruelty upon any animal or permit the same to be done to any animal which he owns or controls. Cruelty shall include continuous tethering or chaining as the only means of confinement.

(Ord. 1255, Sec. 3)

2-104 Keeping farm animals.

(a)It shall be unlawful for any person, who as owner, lessee, or occupant to maintain any stable, shed, pen, or other places where horses, cattle, goats, hogs, or sheep, are kept within the city limits, unless hereinafter allowed

(b)The keeping of farm animals not to be considered “exotic animals” as defined in Article 2 Section 2-603 in the A-1 Agricultural Zoning District is permissible if the following conditions are met:

(1)For the purposes of this section, “large farm animal” is any animal over 250 pounds (examples: horses, cows, pigs, hogs, donkeys, mules, ostriches, and the like) and “small farm animal” is any animal 250 pounds or less (examples: rabbits, goats, lamb, and the like). The following limits for the keeping of “large farm animals” and “small farm animals” apply;

(2)The keeping of “large farm animals” and “small farm animals” is allowed in compliance with the lot area, zoning district, and number of animals permitted in Table 1.

Table 1.

A-1
Lot Area	<1 acre	1-3 acres	>3 acres	>10 acres
Animal Type
“Large Farm Animal” 250 pounds or greater	Not permitted	1 maximum	1 per every three acres	1 per acre not to exceed 12
“Small Farm Animal” Less than 250 pounds	4 maximum	5 per acre, not to exceed 10	5 per acre, not to exceed 15	5 per acre, not to exceed 60
Maximum Capacity	4 Small Farm Animals	10 Small Farm Animals	15 Small Farm Animals	60 Small Farm Animals

(3)cumulative effect: One (1) large farm animal is the equivalent of five (5) small farm animals. If keeping a large animal(s), this reduces the number of small animals that may be kept.

(4)Animals must be kept in an enclosed structure or area and are not permitted to run at large as defined in Article 2 Section 2-102 unsupervised outside of the enclosure.

(5)Animal Permit Process

5.1 A permit to keep “large farm animals” and “small farm animals” may be issued if an applicant is in compliance with all requirements of the municipal code.

5.2 Permits are valid for a period of five (5) years unless otherwise specified on the permit by the issuing authority.

5.3 The Planning and Zoning department may revoke a permit to keep “large farm animals” and “small farm animals” if the permittee has violated any condition of the permit or any other applicable Andover Municipal Code.

5.4 The Planning and Zoning department will give notice in writing delivered by certified mail or by posting on the premises of the intent to revoke to the permittee identifying the violation(s) and give the permittee 30 days to bring the premises into compliance.

5.5 A permittee will have thirty (30) days from the date of notice to require reconsideration by the Planning and Zoning Department.

5.6 If the permittee does not request reconsideration within the thirty (30) days of receipt of the notice of intent to revoke, the permit will be revoked effective thirty-one (31) days after the notice of intent to revoke was sent.

5.7 A permittee who has a special animal permit revoked must wait six (6) months from the date of revocation before submitting a new animal permit application.

(Ord. 730; Ord. 1255, Sec. 4; Ord. 1948; Ord. 1952)

2-105 Inspection of premises.

The Health Officer or any police officer of the city shall have the right at all reasonable times to inspect the premises, pens, stables and buildings where said animals are kept.

(Ord. 45, Sec. 2)

2-106 Penalty.

Any person, firm or corporation violating any of the provisions of this article for which another penalty is not specifically provided exceeding fifty dollars ($50), or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned.

(Ord. 45, Sec. 7)

2-107 Animal waste.

The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal on public or private property within the City of Andover, Kansas. The owner of any animal shall not allow animal waste to gather and remain on the premises of the owner in such quantities which create unsanitary conditions or objectionable odors.

(Ord. 1080; Ord. 1255, Sec. 5)

2-108 Dangerous or diseased animal.

A law enforcement officer or any other person designated by the Mayor, is hereby empowered to take an animal into custody that is infected with a contagious disease, has bitten someone, or in the officer's opinion poses a risk to the community's health and safety. It shall be the duty of the law enforcement officer to impound such animal and notify the owner in writing of such impoundment and not to release such animal until the owner thereof has furnished a letter from a licensed veterinarian to the effect that such animal is not infected with a contagious disease or a threat to the community. In the event that such animal is found to be incurably infected or remains a threat to the community, then in that event three (3) days' notice of such shall be furnished to the owner, if known and thereafter the animal shall be destroyed.

(Ord. 1527)