(a)   It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.

(b)   It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the city any of the following animals:

(1)   All poisonous animals including rear-fang snakes.

(2)   Apes: Chimpanzees; gibbons; gorillas, orangutans; and siamangs.

(3)   Baboons.

(4)   Badgers.

(5)   Bears.

(6)   Bison.

(7)   Bobcats.

(8)   Cheetahs.

(9)   Crocodilians, 30 inches in length or more.

(10) Constrictor snakes, six feet in length or more.

(11) Coyotes.

(12) Deer; includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.

(13) Elephants.

(14) Game cocks and other fighting birds.

(15) Hippopotami.

(16) Hyenas.

(17) Jaguars.

(18) Leopards.

(19) Lions.

(20) Lynxes.

(21) Monkeys.

(22) Ostriches.

(23) Pumas; also known as cougars, mountain lions and panthers.

(24) Raccoons.

(25) Rhinoceroses.

(26) Skunks.

(27) Tigers.

(28) Wolves.

(c)   Person shall be defined herein as an individual, partnership, joint venture and/or a corporation.

(Ord. 1105; Code 2014)

A person may own, harbor or keep said exotic animal within the city limits of the City of Marion, Kansas, if said person first files with the City Clerk of Marion, Kansas, written permission to keep yard, quarter or confine said exotic animals from at least 75% of the Owners and residents of all properties located within six hundred feet (600’) of where said animals are quartered or confined, with the additional written permission of such owners and residents being also subsequently necessary as to any expansion of such facilities or as to any material changes in the nature of the animals being so kept, yarded, quartered or confined; provided however, that said permission may be subsequently withdrawn by said owners and/or residents at any time by notifying the City Clerk of Marion, Kansas in writing. Said exotic animals (with the exception of domestic dogs and domestic cats) shall be maintained only in cages or holding facilities that meet or exceed the construction and maintenance specifications of such facilities for such exotic animals as established by the Kansas Department of Wildlife and Parks in its regulations and guidelines for game breeders. Said regulations and guidelines are hereby incorporated herein by reference, no fewer than three copies of which shall be marked or stamped “Official Copy as Incorporated by reference by the Code of the City of Marion, Kansas,” and to which shall be attached a copy of this article and filed with the city clerk to be open to inspection and of the City may grant individual exceptions to such regulations if, upon request and after a hearing, the governing body finds that such individual is licensed for the keeping and harboring of such animals under some other regulatory authority which regulates the conditions of the keeping and harboring thereof, and if the governing body finds that such regulations are an adequate substitute for the regulations adopted herein, even if less restrictive; provided however , that such exception may be withdrawn by the governing body at any time if it subsequently finds that such animals are not in fact being maintained in conformance with such regulations.

(Ord. 1105; Code 2014)

Any privately licensed Veterinarian Hospital within the city limits of the City of Marion, Kansas are excluded from the provisions of this article.

(Ord. 1105; Code 2014)

(a)   Any person who shall be convicted of violating any provisions of this article shall be guilty of a Class B Misdemeanor and shall be punished by a fine of not more than $500.00, plus any applicable court costs, and be confined in the Marion County Jail of not to exceed ninety (90) days or by both said fine and confinement. Each day that a violation occurs that constitutes an offense, it shall be punishable as a separate violation.

(b)   In addition, the Municipal Judge of the City of Marion shall have the authority to order any animal described in Section 2-301, and whose owner fails to comply with Section 2-302, to be confined, destroyed, or removed from the City of Marion.

(Ord. 1105; Code 2014)