PET RESTRICTIONS ~

Article II, Chapter 4, of Merriam's Municipal Code outlines animals prohibited within the City of Merriam. The ordinances states:

Dangerous, vicious, wild animals prohibited (Section 4-10).
It is unlawful to own or harbor or in any way possess or offer to sell within the corporate limits of the City of Merriam any dangerous, vicious or wild animal.

“Dangerous animal” means any mammal, amphibian, fish, reptile or fowl of a species which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well being or property, including, but not limited to the following animals:

• Any animal having a poisonous bite;
• Any warm-blooded, carnivorous or omnivorous, wild animal, including, but not limited to apes, gorillas, monkeys, chimpanzees and other non-human primates, lions, tigers, leopards, panthers and other exotic felines, elephants, bears, foxes, coyotes, wolves, hybrid wolves, raccoons and skunks, but excluding domesticated ferrets and small domesticated rodents;
• Any reptile, including but not limited to, alligators, crocodiles, and snakes which are venomous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup, but excluding nonvenomous snakes less than eight feet (8’) in length, nonvenomous lizards and nonvenomous turtles;
• Any animal which is considered dangerous because of past behavior, violations of any local, state or federal animal control provisions, or due to the inherently dangerous nature of the animal itself; or
• Any dog which has been determined to be a dangerous dog by the municipal judge after a hearing as provided for in Sec. 4-60.

Exceptions (Section 4-11). The following animals shall not be prohibited as set forth in Section 4-10:

• A dog deemed dangerous pursuant to a dangerous dog hearing as set forth in Sec. 4-60 so long as such dog and its owner or harborer are complying with the conditions imposed by the municipal judge pursuant to such hearing;
• Any animal in the ownership of a licensed veterinarian upon veterinary premises, subject to the confinement requirements of Section 4-12 and all applicable state rules and regulations;
• Any animal in the ownership of a research facility licensed by the Kansas Animal Health Department, subject to the confinement requirements of Section 4-12 and all applicable state rules and regulations;
• Any animal in the ownership of a person designated and authorized as an animal rehabilitator by the Kansas Department of Wildlife and Parks, subject to the confinement requirements of Section 4-12, and all applicable state rules and regulations;
• Any animal temporarily owned by an animal shelter licensed by the Kansas Animal Health Department for the purpose of impounding, sheltering or caring for animals, subject to the
  confinement requirements of Section 4-12 and all applicable state rules and regulations; or
• Any animal temporarily owned by a pet shop licensed by the Kansas Animal Health Department, subject to the confinement requirements of Sec. 4-12 and all applicable state rules and regulations.

Confinement Requirements (Section 4-12). It is unlawful for the owner or harborer of a dangerous, vicious or wild animal which is permitted to be within the City limits due to the exceptions set forth in Section 4-11 to fail to confine said animal to the owner or harborer’s premises. Such animal must at all times be controlled, confined and restrained in such a manner that the safety and property of any person shall not be endangered. Confinement shall be in an enclosure which has secured sides and a secure top, is securely enclosed and locked, and is designed to prevent the animal from escaping the enclosure. If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than two (2) feet deep. An “invisible” or underground electric fence shall not be considered as a substantial or sufficient method of confining a dangerous, vicious or wild animal.

Confiscation of Prohibited Animal (Section 4-13). The municipal judge may order the confiscation of a prohibited animal, including those otherwise excluded by Section 4-11 if not adequately confined, if the animal poses an immediate danger to the public or itself. Upon the conviction of a person for owning an animal prohibited by this Chapter, the municipal judge shall order the animal confiscated and transferred to the City-designated animal shelter. The municipal judge may order the release of the animal to the owner, provided that the animal will not be kept within the city limits and provided that the owner of such animal shall provide the municipal court with the exact location and address
of where the animal will be moved. The animal shall not be returned to any location within the City limits after removal.

For more information regarding pet restrictions or to view a copy of Merriam's Municipal Code, click here (Adobe Acrobat required). For questions regarding this code or pet restrictions, call the Merriam Police Department at (913) 322-5560 or the City Clerk's office at (913) 322-5500.