For the purposes of this chapter, the following words and phrases shall mean:
(a) Abandon includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.
(b) Animals means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.
(c) Animal Shelter means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.
(d) At-large means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be “At-large.”
(e) Bite (means any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.
(f) Cat means any member of the species feline cactus, regardless of sex.
(g) Dangerous or Vicious Animal means any animal deemed to be dangerous or vicious per section 2-115.
(h) Dog means any member of the species canis familiaris, regardless of sex.
(i) Fowl means all animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.
(j) Harbor means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls.
(k) Humane Live Animal Trap means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.
(l) Humanely Euthanize means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.
(m) Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
(n) Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, five or more dogs or cats.
(o) Livestock includes, but is not limited to cattle, horses, goats, sheep, swine or other animals commonly regarded or used as farm or ranch animals.
(p) Neutered means any male cat or dog that has been permanently rendered sterile.
(q) Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.
(r) Owner means the one who owns, or his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in subsection (q) above.
(s) Spayed means any female cat or dog that has been permanently rendered sterile.
(t) Vaccination means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.
(u) Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.
(Code 1987)
There is hereby created the position of animal control officer for the city and such officer shall be charged with the enforcement of this chapter. Any person employed by the city as an animal control officer shall have such powers and authority as allowed by law in the enforcement of this chapter. All animal control officers shall be subject to the supervision and direction of the administrative committee.
(Code 1987)
When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:
(a) Place a humane trap on public or a requesting resident’s property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city;
(b) Use any 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 health and safety.
(c) Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in section 2-115, or any animal creating a nuisance as defined in section 2-111, where such animal is impossible or impractical to catch, capture or tranquilize.
(Code 1987)
The animal control officer shall 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 chapter. It shall be unlawful or any person to interfere with the animal control officer in the exercise of this right.
(Code 1987)
A municipal pound shall be established to carry out the provisions of this chapter. Such a pound may be operated by a contractor and all services required herein may be provided by a contractor who so contracted, the pound shall have the following services and facilities as a minimum:
(a) Adequate pickup and impounding of all stray and ownerless dogs and cat and animals otherwise in violation of the provisions of this chapter.
(b) Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter.
(c) Individual isolation facilities for sick, biting, rabid and suspected rabid animals.
(d) Have designated facility for the humane destruction of animals.
(Code 1987)
(a) It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an authorized officer of this city any animal taken up by him or her under the provisions of this chapter, or in any manner interfere with or hinder any authorized officer or employee of this city in catching, taking up, or impounding any animal.
(b) It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed, or interfere in any way with the care of impounded animals.
(Code 1987)
It shall be unlawful for any person to:
(a) Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, poison, burn, or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;
(b) Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;
(c) Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as provided in section 2-108.
(d) Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color. This section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;
(e) Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;
(f) Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter and protection from the elements as necessary for health and well-being of such kind of animal.
(g) Abandon or leave any animal in any place without making provisions for its proper care;
(h) Slaughter or butcher any animals, livestock and/or fowl within the city limits within public view or display any deceased animals with the city limits within public view. For purposes of this subsection, public view includes any areas outside a home, business or any structure.
(i) These provisions shall not apply to the exceptions sanctioned under section 2-108.
In addition to the penalties provided in section 1-116 of this code, the municipal court judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible.
(Code 1987)
The provisions of section 2-107 shall not apply to:
(a) Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care;
(b) Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated;
(c) Rodeo practices accepted by the rodeo cowboys’ association;
(d) The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or by an authorized agent such as a licensed veterinarian, at the request of the owner;
(e) The humane killing of an animal by a public health officer in the performance of his or her official duty;
(f) The humane killing of any unclaimed animal after seven full business days following the publication notice in the official local paper or city social media that such animal is at a municipal pound.
(Code 1987; Code 2021)
(a) No owner or keeper of livestock over the age of six months shall keep more than one head of livestock on or within a lot or lots within the corporate city limits containing less than 45,000 square feet per head of livestock.
(b) Nothing in this section will prevent livestock from being transported into or through the city or to temporarily keep such animal within the city while such animal is part of a circus, rodeo, or other performing act or show or while animal is held under the order of a licensed veterinarian for the purpose of treatment.
(c) The 45,000 square feet per head of livestock required in subsection (a) above shall be primarily grass for the purpose of pasturing the livestock and there shall be no more than one house per 45,000 square feet.
(d) Until a written complaint has been received from an: individual owning land or living within the City of Yates Center, Kansas, no action shall be taken concerning any alleged violation of this Section. Upon a written complaint being presented to the Animal Control Officer or Chief of Police of the City, notice shall be issued to the landowner alleged to be in violation of the Code. The landowner, who is alleged to be in violation of the Code, shall then have ten (10) days within which to request of the City Council a hearing. Absent a timely request for hearing, the governing body shall pass a Resolution calling for abatement of the violation.
(e) Hearings on a violation of this Code Section shall be held before the governing body. The governing body shall determine whether or not there has been an objective violation of this Code Section; upon finding an objective violation, then the governing body shall determine whether or not the objective violation constitutes a breach of Community Standards, as determined by the governing body, with regard to the number of livestock in relationship to the square foot allowed per livestock and further in relationship to the overall neighborhood setting and reflection of community outlook upon the setting.
(f) If the governing body determines that there is an objective violation of the provisions of this Code Section and further a violation of Community Standards, as defined within the Code Sections, then a written determination of that fact shall be made and a Resolution passed by the City calling for the abatement of the violation, setting a time line within which the abatement is to take place. Should the owner or keeper of livestock fail to comply with the Resolution, the governing body shall be authorized to direct the Animal Control Officer to cause to be impounded the livestock in violation of this article as provided in Code Section 2-117 or 2-118 or 2-206.
(Ord. 670, Secs. 1,5; Code 1987; Ord. 939; Code 2021)
It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground or underground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism, snare, or any other device that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals, nor shall anything herein contained prohibit the use of animal traps that are used primarily for trapping rodents such as gophers or mole which are injurious to lawns and gardens.
(Code 1987)
It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute a nuisance. For the purpose of this section, “nuisance” is defined as any animal which:
(a) Molests or interferes with persons in the public right-of-way;
(b) Attacks or injures persons, or other domestic animals;
(c) Damages public or private property other than that of its owner or harborer by its activities or with its excrement;
(d) Scatters refuse that is bagged or otherwise contained;
(e) Causes any condition which threatens or endangers the health or well being of persons or other animals.
If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.
(Code 1987)
The keeping, or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, crowing, meowing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition, and if he or she fails to do so, the city may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner.
(Code 1987)
(a) 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 offensive odors that annoy any neighbor, and devoid of rodents and vermin. All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
(b) All domestic animal shelters shall be cleaned at least once each week or more often if necessary to prevent or control odors, fly breeding, and rodent infestation.
(c) Domestic animal shelters owned or operated as a stockyard shall be cleaned by the owner or keeper of the premises twice each week and the area shall be sprayed once each week with a spray which will control flies and the premises shall be kept in a sanitary condition and clean and free from offensive odors at all times and in such a manner so as not to become offensive to those residing in the vicinity or annoying to the public. No confinement shall be so located or constructed so that excreta will be allowed to drain into any street drainage ditch or other drainage areas intended for the disposal of natural rainfall.
(d) Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant, or by proper dispersal on land used for agricultural purposes.
(e) Grain or protein feed shall be stored in tightly covered rodent-proof metal containers or rodent-proof bins.
(f) Premises subject to the terms of this chapter shall be maintained free of rodent harborage and in accordance with Chapter 8 of this code.
(g) Wherever reasonable, use shall be made of anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.
(h) Wherever reasonable, use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.
(i) All domestic animals shelters and board fences shall be maintained in good repair and that all animal shelters and board fences subject to residential and commercial classification shall be protected from deterioration by painting.
(j) enclosures including fences where domestic animals such as horses, cows, sheep and goats are maintained by persons subject to a residential classification permit shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent domestic animals from breaking out or causing hazard to persons or property.
(k) Garbage shall not be fed to fowl.
(I) Refuse shall be stored in proper containers or in a manner approved by the health officer and disposed of at least once each week or as frequently as may be required by the health officer.
(m) The solid wastes accumulated from the cleaning of domestic animal shelters maintained by persons subject to a residential classification permit as herein provided shall be stored in metal containers, with tight-fitting metal lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
(n) Barbed wire fences and electrically charged fences shall not be permitted for animal containment.
(o) Holding lots, pens and floors of sheds and buildings where domestic animals are held and which are maintained by persons subject to an industrial classification permit according to the terms of this chapter shall be surfaced with concrete or asphaltic materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the health officer. The health officer shall waive this standard for domestic animal holding operations where such animal holding is longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses or sheep.
(p) Solid wastes accumulated from the cleaning of domestic animal shelters maintained by persons subject to a commercial, industrial or agricultural permit according to the terms of this chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the health officer; provided that all solid waste shall be properly disposed of at least once each week or as may be approved by the health officer.
(q) All premises on which animals are kept shall be subject to inspection by the chief of police or the animal control officer. If such official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner. 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.
(Ord. 670, Sec. 3; Code 1987)
All dead animals shall be disposed of by the owner or keepers within 24 hours of the animal’s death, by burial, incineration in a facility approved by the animal control officer, by rendering or by other lawful means approved by the animal control officer. No dead animal shall be dumped on any public or private property.
(Code 1987)
(a) Prohibited: It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the animal control officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer or his or her agent to impound such animal.
(b) Defined: For purposes of this chapter a vicious animal shall include:
(1) Any animal with a known propensity, tendency or disposition to /attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(2) Any animal which attacks a human being or domestic animal without provocation;
(3) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;
(4) Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.
(c) Vicious Dogs to be Muzzled: It shall be the duty of every owner, keeper or harborer of any dog in the city, which dog is vicious or has been known to bite, chase, or run after any person or animal in the streets, alleys, or any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the city limits contrary to this section shall be guilty of a violation of this code.
(d) Immediate Destruction: Nothing in this chapter shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.
(e) Release of: If a complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. When any animal remains unclaimed for 72 hours after its release has been authorized by the municipal judge, the judge may, upon making a finding that such animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.
(Code 1987)
(a) It shall be unlawful for any person to allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in section 2-117 or 2-118 or 2-206 of this chapter.
(b) Aside from the cost assessed in section 2-117 or 2-118 or 2-206 of this chapter, any person violating Section 2-116 Running at Large, shall be subject to the following fines and restrictions.
(1) First conviction: a fine of not less than $100 nor more than $1,000. Additionally, the judge may terminate individual’s ownership of the animal, ordering it into the care and custody of the City.
(2) Second conviction within two years: a minimum fine of $200 nor more than $1,000, and the judge may terminate the individual’s ownership of the animal, ordering it into the care and custody of the City.
(3) Third conviction within two years: a minimum fine of $500 nor more than $1,500, and the judge shall terminate the individual’s ownership of the animal, ordering it into the care and custody of the City.
(c) Additional to any fine, the judge may:
(1) Restrict the number of animals kept by the individual, or order that the individual shall not keep any animals for a reasonable amount of time; and
(2) Order that the offending animal be permanently removed from the City, or that the animal be euthanized.
(Code 1987; Ord. 1117; Ord. 1120; Code 2021)
(a) The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the city or constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible. The city shall be entitled to receive from such owner the actual cost of feeding and maintaining the animal while impounded. In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal shall be considered a stray.
(b) The city shall be entitled to receive from any owner claiming an animal or fowl which has been impounded at the city pound a pickup fee of $25 and a fee of $5 per day to defer the cost of impounding, caring for, feeding, watering, etc., relative to such impounded animal or fowl.
(c) The animal control officer or police officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, animal control officer or police officer shall thereupon immediately post a public notice in the local city newspaper and/or social media stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within seven business days from the date of the notice, that the animal will be disposed of as provided in this code.
(d) When an animal is adopted from the animal shelter of the City of Yates Center, Kansas, by a person other than the proven owner of the animal, if the animal not spayed or neutered, as the sex of the animal shall determine, a deposit of fifty dollars ($50.00) shall be required, and the amount shall be held, without interest, until the receiving party shall certify by receipt, that the animal has been spayed or neutered. Upon showing of proof of the same, the deposit shall be returned to the party retrieving the animal at the next council meeting from the date of presentation of the receipt. The receipts shall be presented the City Clerk of the City of Yates Center, Kansas.
(Code 1987; Ord. 892; Ord. 1011; Code 2021)
Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in a veterinary hospital or animal care facility for a period of not more than 30 days during which time the local health officer shall determine whether or not such animal is suffering from a disease and, if not, the local health officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The health officer may authorize the keeping of any such animal on the owner’s premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner.
(Code 1987)
Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer and/or the police department. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten anima1 destroyed unless:
(a) The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and
(b) If the bitten animal has a current vaccination, it shall be confined for 90 days; and
(c) The bitten animal shall be released from confinement only upon written order from the local health officer, who declares the animal to be free of rabies; and
(d) If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.
(Code 1987)
Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the animal control officer.
(Code 1987)
The mayor is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any police officer, or the duly authorized animal officer of the city. The owner of such animal shall be prosecuted for such violation thereof.
(Code 1987)
The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal(s) on public right-of-way, public property or private property.
(a) It is unlawful for the owner or person in control of an animal to intentionally, knowingly, recklessly or with criminal negligence allow or permit such animal to defecate on any public property or improved private property other than that of the owner or person in control of the animal. The fact that the animal was at large at the time it defecated on any property shall constitute prima facia evidence that the owner or person in control of the animal allowed or permitted the animal to so act
(b) It is an exception to the application of this section that:
(1) The owner or person in control of the animal immediately removed and cleaned up such animal’s feces from public or private property; or
(2) That the owner or person in control of an animal has a physical disability or visual impairment and the animal is a service animal trained by an accredited institution to provide assistance to physically disabled and/or visually impaired persons.
(c) Violation of this section shall be punishable by a fine of $25.00 – 1st offense, $50.00 - 2nd offense, and $75.00 - 3rd or additional offenses, plus applicable court costs. The Municipal Judge shall have authority to order community service in lieu of a fine and/or costs and to suspend the fine and/or costs or any portion thereof.
(Code 2021)
It shall be unlawful for any person to place, establish, or maintain any hive, box stand, or apiary or keep any bees in or upon any premises within the City limits unless the bees are kept in accordance with the provisions of this Section.
(a) Definitions.
Abandoned Hive includes, but is not limited to, a colony or hive and equipment a beekeeper has ceased to manage, is deserted, not maintained or left unattended.
Apiary a hive or collection of hives including the immediate area surrounding the hive.
Bees means any stage of the common domestic honeybee, Apis Mellifera species.
Beekeeper is any person or persons who owns, operates, maintains, possesses, or otherwise controls a hive or is the owner of property upon which a hive is situated.
Colony is a single managed colony or hive consisting of a queen and all life stages to support sustenance and reproduction kept by a beekeeper and synonymous with hive.
Flyover Barrier is a solid wall, fence, or dense vegetation or combination thereof that provides an obstruction through which bees cannot readily fly.
Hive is where a managed colony is located. A hive consists of a managed bee colony kept in a structure intentionally provided by the beekeeper for bee housing. The bee housing structure has movable frames to allow the beekeeper and inspector complete access to the inner living area of the colony and its contents for manipulations such as re-queening, viewing, evaluation and sampling.
Hive Pests means any agent or characteristic in a managed bee colony or hive that makes the existence of such colony or hive detrimental to the apicultural industry, other neighboring apiaries, the environment, or public safety by being kept in a manner as to contain any unhealthy conditions or be a source of bee pests which include but is not limited to disease, parasites, fungi, foulbrood, bacteria, microsporidia, virus, insect, nematode, mites, or other organisms that damage bees or bee products.
Neighboring Dwellings means a place where a person resides and may include, but is not limited to, the following: any part of an attached home, unattached residential office, unattached garage, guest home, condominium, or apartment.
Undesirable Bee Behavior is any behavior exhibited by bees from a hive that may result in harm to others. Undesirable bee behavior includes, but is not limited to, characteristics of Africanized Bees guarding a larger territorial perimeter around the hive in greater numbers than is typical of European Bees, responding to minimal or no provocation into overdefensiveness, aggressiveness, repeated swarming, unpredictability, reactiveness, and agitation during, but not limited to, hive inspection. Bees foraging on flowering vegetation is considered normal and desirable.
(b) Registration and License. Beekeepers shall register the number of hives and the location of each hive on the first day of January of each year or 30 calendar days prior to acquiring a hive. The beekeeper shall provide written approval from all adjacent residents. After submitting all required information, the City will issue a revocable license to the beekeeper. A $20.00 annual registration fee shall be required.
(c) Approved Hives, Colonies, or Apiaries. Beekeepers shall maintain bees in a hive intentionally provided by the beekeepers for bee housing. The bee housing structure shall have movable-frames to allow full access to the inner bee living quarters for viewing, evaluation and sampling of the structure and its contents including but not limited to drones, queens, workers, beeswax, comb, honey, and pollen.
(d) Distance Restrictions. Hives must be located at or greater than the following distances:
(1) 25 feet from neighboring dwellings.
(2) 15 feet from neighboring property lines.
(3) 40 feet from any public road or sidewalk.
(4) 40 feet from any public park or school.
(e) Identification Signs. Beekeepers shall identify the beekeeper’s name and telephone number information on all hives in black letters, not less than one inch high, on a background of contrasting color.
(f) Regular Hive Check. Beekeepers shall inspect each hive at least once a month to detect undesirable bee behavior or hive pests in order to take corrective action in a timely manner. Beekeepers shall practice swarm prevention techniques and provide additional space for colony growth to minimize bee swarming.
(g) Water Supply Required. Beekeepers shall maintain an adequate and accessible supply of fresh water available at all times.
(h) Flyover Barrier. Beekeepers must maintain an adequate flyover barrier of at least six (6) feet in height to shield any part of a property line that is within twenty-five (25) feet of a hive.
(i) Queen Bee. Each hive shall be re-queened if the colony exhibits undesirable bee behavior.
(j) Transportation of Bees. No person shall transport a colony of bees between sunrise and sunset or cause bees to be transported during that time period unless the bees are transported in a vehicle with screens or other devices that will prevent bees from escaping from the vehicle.
(k) Undesirable Hives. No beekeeper shall own or operate a hive that exhibits undesirable bee behavior, contains hive pests, or is an abandoned hive.
(l) Maintenance. Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon removal from the hive, all such materials shall promptly be disposed of in a sealed container.
(m) Number of Hives. No more than two hives shall be maintained on any property.
(n) Revocation of License. The City may revoke a license at any time, or decline to renew a license, due to any failure to comply with the applicable restrictions and limitations. Notice of any intended revocation or non-renewal of a license shall be given in writing to the license holder at the address provided in the application, identifying the reasons therefor, and such revocation or non-renewal shall become effective ten (10) days thereafter unless the license holder has by such time submitted to the City Clerk a written request for a hearing on the matter before the governing body, in which case the revocation or nonrenewal shall not be effective unless upheld by the governing body following a hearing thereon. The license holder shall be given not less than fifteen (15) day notice of the date, time and place of any such hearing.
(o) Violations and Penalties. Any person who shall be convicted of violating any provisions of this section shall be punishable by a fine of up to $500.00. Each day the violation continues will be treated as a separate offense. In addition to the penalty, any violation of the provisions in this section shall be grounds for an order from the City of Yates Center to remove the bees and related structures.
(Ord. 1132; Code 2021)
(a) It is the intent to enable residents to keep a small number of female chickens on a noncommercial basis while limiting the potential adverse impacts on the surrounding neighborhood.
(b) The following standards and requirements will ensure that domesticated chickens will not adversely impact neighborhoods surrounding the property on which these animals are kept and will be beneficial to the public health, safety and welfare and is in the public interest.
(1) It shall be unlawful to permit or allow any domesticated chicken to run at large within the corporate limits of the city.
(2) No roosters shall be allowed.
(3) There shall be no outside slaughtering of birds.
(4) If a chicken dies, it must be disposed of promptly in a sanitary manner.
(5) Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within their coop during non-daylight hours.
(6) Enclosures must be clean, dry, and odor free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.
(7) The coop must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds, and predators, including dogs and cats. It shall be designed to provide a safe and healthy living condition while minimizing adverse impacts to other residents in the neighborhood.
(8) The structure shall be well maintained and shall not exceed 200 square feet in size.
(9) The coop/run/structure shall not be placed in the front yard and shall be a minimum of ten (10) feet from all other property lines.
(10) Odors from chickens, manure, or other animal related substances shall not be perceptible at the property boundaries.
(11) Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors.
(c) Violations of this section shall be punishable by a fine of up to $500.00. Each day the violation continues will be treated as a separate offense. In addition to the penalty, any violation of the provisions in this section shall be grounds for an order from the City of Yates Center to remove the chickens and related structure(s).
(Ord. 1131; Code 2021)
(a) It is unlawful for any leaseholder or landowner to maintain a food source or habitat which routinely attracts stray cats and/or other nuisance animals.
(b) The following fines shall be imposed by the Municipal Court upon conviction of this:
(1) First conviction: a fine of not less than $100 nor more than $1,000.
(2) Second conviction within two years: a minimum fine of $200 nor more than $1,000.
(Ord. 1120; Code 2021)