A. Notwithstanding the provisions of special certificates of registration of dangerous wild animals and other nondomestic animals noted in such sections, a certificate may be issued in conjunction with the issuance process of permitting circus or non-accredited zoo operations within the city. The issuance of such permits shall provide an exception to said sections and classify such animals as “restricted” and subject to the terms set out in the application and agreement processes provided herein. The application for certificate and permit shall be made to the animal control department on a form provided for by the department. Such form shall contain a formal “agreement” between the city and the applicant relating to routine permitting criteria and specifically, general business practices as these relate to the type of permit required (circus or zoo), hours of operation, and covenants to observe approved safety and escape prevention procedures. Approved permits and related certificates of registration shall be issued under the authority of the city manager. Applications shall be investigated for reputation for historical compliance with similar laws in this jurisdiction and others, and the applicant shall provide the following information and documentation:

1. A health certificate from a licensed veterinarian that the animal is free from symptoms of infectious disease or is under treatment. A new health certificate is required each time the permit is renewed. A copy will remain with the animal control officer;

2. Copies of applicable state or federal permits or licenses as required by either of those entities for the keeping of the particular animal in question. These copies will be retained by the animal control officer;

3. Information relating to the owner including emergency telephone numbers and telephone numbers for their veterinarian in case of emergencies;

4. Present proof of liability insurance or financial responsibility in the amount of one hundred thousand dollars ($100,000.00) to cover the damages resulting from an escape and/or attack;

5. Agreement to allow reasonable access for inspection by animal officer;

6. Enter into an agreement with the city that safety and escape prevention be maintained on a twenty-four (24) hour basis, the failure of which shall be grounds for permit revocation and documentation of compliance with all other applicable city ordinances, including, but not limited to, building, planning and zoning.

B. The negligent escape of any animal subject to permitting under this section shall be prima facie evidence of a breach of the safety and escape prevention covenants required herein.

C. Failure to provide required information or documentation, unsatisfactory investigative finding shall be grounds for denial of permit. An appeal of denial of permit shall be made in writing within ten days of the notice of denial to the city manager. The city manager may review the issues leading to the denial or conduct an administrative hearing, and decide the issue, in either. The decision of the city manager is final.

D. Before a certificate and permit is issued the animal control officer shall inspect the facility where the animal(s) is/are to be kept, which must meet the following criteria:

1. Each enclosure must provide adequate exercise and sleeping quarters;

2. Proper temperature control and ventilation for the particular species must be provided in both areas;

3. Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure;

4. Each enclosure must be constructed so as to prevent the animal from escaping;

5. Each enclosure must be kept in good repair to prevent both escape and injury to the animal;

6. Each enclosure must have a water container which is secured so as to prevent it being overturned; and

7. Each enclosure must be cleaned daily.

E. Animal control officer may when deemed necessary, employ the services of a licensed veterinarian to assist in this application process and applicant shall be responsible for the reasonable cost associated with such service in addition to any permit fees required under this act.

F. Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian.

G. Any animal which has bitten or scratched someone must be immediately surrendered to the animal control officer for euthanasia and testing by the Kansas Department of Health. A live test approved by the Kansas Department of Health may be substituted for euthanasia.

H. Fee for circus/zoo registration and permit shall be according to the schedule established in Appendix A incorporated herein by reference, and the permit shall expire one year from the date of issuance and shall not be transferable. Major modification or additions to such facilities’ animal containment areas shall require a re-inspection and/or re-permitting of the circus or zoo. In such instances, original application fee shall be collected. (Ord. G-1011 § 1 (part), 2007: Ord. G-1001 § 1 (part), 2007)