CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. GENERAL PROVISIONS

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 equities, hogs, goats, 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 mean 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 felis catus, regardless of sex.

(g)   Dangerous or Vicious Animal means any animal deemed to be dangerous or vicious pursuant to section 2-112 of this chapter.

(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.

(k)   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.

(l)    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.

(m)  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.

(n)   Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

(o)   Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, four or more dogs of the age of six months or older.

(p)   Livestock includes, but is not limited to cattle, horses, goats, sheep or other animals, commonly regarded as farm or ranch animals.

(q)   Neutered means any male or female cat or dog that has been permanently rendered sterile.

(r)    Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal, including but not limited to cats, dogs, exotic animals, fowl and livestock. 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.

(s)   Owner means the one who owns, his or her employee, agent, or other competent person into whose charge the actual owner has placed an animal described in subsection (r) above.

(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 2008)

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 and commissioned by the chief of police of the city shall have such powers and authority as allowed by law in the enforcement of this chapter.

(Code 1985)

(a)   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 place a humane trap on public or private property for the purpose of capturing any animal defined in this chapter creating a nuisance in the city, or otherwise found to be in non-conformity with any section of Chapter 2 of this code.

(b)   Animal control officers are authorized to use any tranquilizer guns, firearms, humane traps, or other suitable devices to subdue or destroy any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself, another animal, or to the public health and safety.

(c)   It shall be unlawful for any person to set or cause to be set within the city, any steel-jaw leg hold trap, snare, or any trap other than a humane trap, as defined, for the purpose of capturing any animal, whether wild or domestic.

(Code 2008)

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 for any person to interfere with the animal control officer in the exercise of this right.

(Code 1985)

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. The pound shall have the following services and facilities as a minimum:

(a)   Adequate pickup and impounding of all stray and ownerless dogs and cats 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)   Facilities for the humane euthanization of all unwanted and wanted animals.

(Ord. 155, Sec. 4; Code 1985)

(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 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 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.

(Ord. 155, Sec. 15; Code 1985)

(a)   It shall be unlawful for any person to:

(1)   Intentionally kill, injure, maim, torture or mutilate any animal;

(2)   Abandon or leave any animal in any place without making provisions for its proper care; or

(3)   Have physical custody of any animal and fail to provide such food, water, opportunity for exercise or other care as is needed for the health or wellbeing of such animal.

(4)   Have custody of an animal, as owner or otherwise, and fail to provide such animal with necessary protection from the elements as set forth below:

(A)  Shelter from sunlight. When sunlight is likely to cause overheating, serious bodily injury or death of the animal, sufficient shade shall be provided to allow the animal kept outdoors to protect itself from the direct rays of the sun.

(B)  Shelter from cold weather. Housing facilities shall be provided for all dogs and cats kept outdoors when the atmospheric temperature falls below forty (40) degrees Fahrenheit. Such structure shall be provided with sufficient quantity of suitable bedding materials, consisting of hay, straw, cedar shavings or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. Such shelter shall be so constructed to keep the animal dry and retain sufficient body heat to prevent serious bodily injury or death of the animal.

(5)   (A)  Attach chains or other tethers, restraints or implements directly to a dog without the proper use of a collar, harness, or other device designed for that purpose and made from a material that prevents injury to the animal.

(B)  No person shall:

(i)    Tether a dog for more than three (3) continuous hours, provided that for the purpose of tethering a dog, a chain, leash, rope or tether shall be at least ten (10) feet in length; or

(ii)   Use a tether or any assembly or attachments thereto to tether a dog that shall weigh more than one-eighth (1/8) of the animal's body weight, or due to weight, inhibit the free movement of the animal within the area tethered; or

(iii)  Tether a dog on a choke chain or in such a manner as to cause injury, strangulation or entanglement of the dog on fences, trees, or other man made or natural obstacles; or

(iv)  Tether a dog without access to shade when sunlight is likely to cause overheating, or appropriate shelter to provide insulation and protection against cold and dampness when the atmospheric temperature falls below forty (40) degrees Fahrenheit, or to tether a dog without securing its water supply so that it cannot be tipped over by the tether; or

(v)   Tether a dog in an open area where it can be teased by persons or an open area that does not provide protection from attack by other animals; or

(vi)  Tether an animal in an area where bare earth is present and no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation.

(C)  The following definitions apply to words used in this section:

(i)    When used as a verb, “tether” or “tethering” shall mean fastening a dog to a stationary object, pulley run line or a stake.

(ii)   When used as a noun, “tether” or “tethers” shall mean a chain, leash, rope, cable, chain, strong, leather or nylon strap, or any other material used to fasten a dog to a stationary object, pulley run line or a stake.

(b)   Any animal control officer, law enforcement officer or licensed veterinarian, or any officer or agent of any duly incorporated humane society, animal shelter or other appropriate facility, may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined in subsection (a) of this section and subsections thereto. Such officer, agent or veterinarian may inspect, care for or treat such animal or place such animal in the care of a duly incorporated humane society or licensed veterinarian for treatment, boarding and other care or, if it appears, as determined by an officer of such humane society or by such veterinarian, that the animal is diseased or disabled beyond recovery for any useful purpose, the humane killing thereof.

(c)   The owner of an animal killed pursuant to subsection (b) of this section shall not be entitled to recover damages for the killing of such animal unless the owner proves that such killing was unwarranted.

(d)   Expenses incurred for the care, treatment or boarding of an animal taken into custody pursuant to subsection (b) of this section, pending prosecution of the owner of such animal for the crime of cruelty to animals, as defined in subsection (a), shall be assessed to the owner as a cost of the case if the owner or custodian is adjudicated guilty of such crime.

(e)   If a person is adjudicated guilty of the crime of cruelty to animals, as defined in subsection (a) of this section, and the court is satisfied that an animal owned or possessed by such person would be in the future subjected to such crime, such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale or other disposition.

(Ord. 155, Secs. 14, 18; Ord. 2000-4, Sec. 1; Code 2008)

The owner of any animal shall take all reasonable measures to keep such animal from becoming 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 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.

(f)    Aggressive animals must be restrained in such a manner as deemed necessary by the animal control officer.

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.

(Ord. 2000-4, Sec. 1; Code 2008)

The keeping, or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited and declared to be a public nuisance and unlawful under this chapter. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the nuisance, and if he or she fails to do so, the city may abate the nuisance, by taking up, impounding and/or disposing of the animal at the expense of the owner.

(Ord. 155, Sec. 17; Code 1985)

(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.

(b)   Excrement shall be removed weekly from any pen or yard area where animals are kept, and if stored on the premises by any animal owner, shall be stored in adequate containers with fly-tight lids.

(c)   All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d)   All fenced areas used to contain a dog, commonly referred to as a dog run, shall be of adequate and reasonable dimensions so as to safely and humanely contain a dog. The dog run shall be constructed of materials, and be not less than the minimum dimensions of, commercially sold dog runs, commonly recommended for the size and number of dogs contained in the dog run.

(e)   All premises on which animals are kept shall be subject to inspection by the animal control officer. If the animal control officer 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.

(Code 2008)

All animals which die shall be disposed of by the owner or keepers within 24 hours, 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 2008)

(a)   It shall be unlawful to own, keep or harbor, or have custody of, any animal, including a dog or cat, which has a communicable disease or is vicious or dangerous. 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)   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 coupled with the apparent ability to inflict harm and resulting in the immediate apprehension of bodily harm by a person in fear for his or her safety of another person or animal;

(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.

(c)   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, any place within the city, to keep the same muzzled with a good or 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)   Upon a finding by the municipal judge that an animal is vicious, the judge may order that the animal be destroyed. This section shall not 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)   Any animal previously determined by the judge to be vicious, found to be at large in the city, shall be immediately seized and impounded by the animal control officer or a law enforcement officer, held for three (3) business days, and thereafter destroyed.

(Ord. 2002-4; Code 2008)

Any law enforcement officer or animal control 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 veterinarian shall determine whether or not such animal is suffering from a disease and, if not, the veterinarian shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The animal control 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 a valid rabies vaccination protection. Impoundment costs shall be borne by the owner.

(Ord. 2000-4, Sec. 1; Code 2008)

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 animal control officer and/or police department. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal 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;

(b)   If the bitten animal has a current vaccination, it shall be confined for 90 days;

(b)   The bitten animal shall be released from confinement only upon written order from the animal control 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.

(Ord. 2000-4, Sec. 1; Code 2008)

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, or fasten such animal by means of a chain on the premises 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.

(Ord. 155, Sec. 12; Code 1985)

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 1985)

(a)   It shall be unlawful for any person to slaughter, kill or butcher any bovine animal (cow, calf, bull, steer, heifer), any swine (pig, hog, sow or boar), sheep and/or goat within the corporate limits of the city.

(b)   It shall be unlawful for any person to dispose of any waste, products, innards, or other body parts of any slaughtered animal within the corporate limits of the city in the public trash container dumpsters provided within the city.

(c)   Any person convicted of a violation of any of the provisions of this section shall be punished by a fine of not more than $500 for each violation thereof.

(Ord. 89-9, Secs. 1:3)