(a) 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. All animal control officers shall be subject to the supervision and direction of the chief of police of the city.
(b) Except as provided in subsection (c), it shall be the duty of the animal control officer to take up and impound all animals found in the city in violation of the provisions of this chapter.
(c) As an alternative to the provisions of subsection (b) of this section, any law enforcement officer or the animal control officer may issue a citation to the owner, harborer or keeper of an animal in violation of this chapter, and the person receiving the citation shall, within twenty (20) days, appear in the municipal court of the city to answer the charged violation of this chapter.
(Code 1988; Ord. 1482)
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 tranquilizer guns, 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 animal deemed a threat to public safety as defined in Section 2-404, or any animal creating a nuisance as defined in Section 2-115, where such animal is impossible or impractical to catch, capture or tranquilize.
(Ord.1176; Ord. 1336, Code 2017; Ord. 1482)
(a) The animal control officer or any law enforcement officer shall have the right of entry upon any private lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this chapter.
(b) It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties.
(Code 1988; Code 2017; Ord. 1482)
(Code 1988; Code 2017; Ord. 1482)
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. When 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 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 destruction of animals.
(Code 1988; Ord. 1482)
(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 1988; Ord. 1482)
(Code 1988; Ord. 1482)
(Code 1988; Ord. 1482)
(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.
(b) Any animal, licensed or unlicensed, as required in this article may be claimed by its owner upon payment to the City of a pickup fee and boarding fee, or any other costs associated with the impoundment of the animal.
(c) Fees.
(1) Boarding Fee: A fee for maintaining and caring for the animal shall be established in the City’s annual fee resolution.
(2) Pickup Fee: The fee for picking up, transporting or placing the animal in the municipal pound, regardless of the issuance of a citation, which shall be established in the City’s annual fee resolution.
(d) The city shall attempt to recover all costs incurred in caring for any animal impounded or held pursuant to the provisions of this article, including but not limited to the cost for necessary veterinarian care. The fees shall be in addition to any fine impounded for violation of the provisions of this article.
(e) All animals impounded for reasons or suspected disease may be reclaimed by their owners upon evaluation, treatment and approval by a licensed veterinarian approved by the city.
(f) In case the identity of the owner of the impounded animal or fowl cannot be ascertained, 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 and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code.
(Code 1988; Code 2017; Ord. 1482)
At any time before the sale or destruction of any animal impounded under the provisions of this article, except for animals impounded as a dangerous, rabid, or for protection from cruelty under this chapter, the owner thereof may redeem the animal by paying the City Clerk or any person in charge, any established fees and all costs incurred as a result of such impoundment.
(Code 1988; Ord. 1482)
(Code 1988; Ord. 1482)
The city’s main concerns with respect to adoption of a cat or dog from the shelter are:
(a) That the dog or cat be in good health, that all dogs be immunized against rabies, licensed, not vicious by nature; and
(b) That the dog or cat will be provided of a good home under the control of a responsible person.
(Code 1988; Ord. 1482)
(a) Qualifications for adoption:
(1) Good health.
(2) Not vicious.
(3) Immunized.
(4) Licensed (when place of residence is within the city).
(5) In the case of a licensed dog turned in to the City by the owner or record or his or her authorized representative, the owner or representative must give a release in writing for the animal’s disposal or adoption.
(6) In the case of a licensed dog picked up by the animal control officer as a stray or while running at large, or in response to a complaint, the dog will not be available for adoption (other qualifications being met) until the prescribed waiting period of three (3) days has expired and the owner of record has failed to claim it; or the owner has given written consent to the adopter for its adoption; or the adopter (after the waiting period) certifies that his or her efforts to locate the owner were unsuccessful.
(7) In the case of an unlicensed dog picked up by the animal control officer as a stray or while running at large, or in response to a complaint, the dog will not be available for adoption (other qualifications being met) until the prescribed waiting period of three days has expired and the owner has failed to claim it.
(b) Fees associated with adoption: The adopter will be required to pay the following fees to a City employee at City Hall.
(1) A license fee equal to the amount described in Section 2-301.
(2) An adoption fee set annually by the governing body.
(Code 1988; Code 2017; Ord. 1482)
(a) Qualifications for adoption:
(1) Good health.
(2) Not vicious.
(3) Immunized.
(4) Licensed.
(5) In the case of a cat turned in at the shelter by its owner or its authorized representative, the owner or representative must give a release in writing for the animal’s disposal or adoption.
(6) In the case of a cat suitable for adoption which is picked up by the animal control officer, or brought in by any other person not the owner, the cat will not be available for adoption until expiration of a waiting period of three days, during which time its owner may claim it.
(b) Fees associated with adoption: The adopter will be required to pay the following fees to a City employee at City Hall.
(1) A license fee equal to the amount described in Section 2-301.
(2) An adoption fee set annually by the governing body.
(Code 1988; Ord. 1482)
An animal considered by the animal control officer to be suitable for adoption may be held in the shelter for at least seven calendar days following the mandatory retention period if not claimed by the owner during the retention period. The animal control officer may hold the animal in the shelter beyond seven days if there is sufficient capacity and ability to do so.
(Code 1988; Ord. 1482)
(a) No person shall own any dog, cat or ferret, six (6) months of age or older, within the city limits if such animal is not currently vaccinated against rabies.
(b) Any person owning, keeping, harboring, or having custody of any dog, cat or ferret, six (6) months of age or older within the city must register and obtain a license as herein provided. Application for a license must be made within 30 days after obtaining a dog, cat or ferret over six months, except that this requirement will not apply to a non-resident keeping a dog, cat or ferret within the city for no longer than 30 days.
(1) Any person owning a dog within the City shall cause such dog to wear a collar or harness at all times when off the premises of the owner to which shall be attached a current tag reflecting that the dog is vaccinated against rabies. The tag shall be situated on the collar or harness in such a manner that it may be easily visible at all times.
(2) Owners of cats and ferrets shall retain proof of current rabies vaccination on their person or premises.
(c) Registration and licensing of animals in the city shall require the following:
(1) Registration and application for licenses shall be made to the city clerk or other authorized person and shall include animal’s name, owner’s name and address of applicant, description of the animal and the appropriate fee.
(A) The city shall maintain a record of the identifying numbers of all tags issued.
(2) Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any such animal over six months of age to fail to maintain effective rabies immunization of such dog.
(3) The owner of any such animal shall, at the time of registration, present to the city clerk a certificate from an accredited veterinarian showing that the animal to be licensed has been neutered or spayed, if the animal has been neutered or spayed.
(4) The city clerk shall collect an annual registration fee for each animal. The registration fee shall be set annually by the governing body in its annual fee resolution.
(5) The registration year shall be from May1st through April 30th of each year. The owner of such animals who shall fail to register the same prior to the 1st day of May of each year shall pay in addition to the registration fee herein provided a penalty fee for late registration.
(6) Upon acceptance of the license application and fee, the city shall issue a durable tag or identification collar, stamped with an identifying number and the year of issuance. Tags should be designed so that they may be conveniently fastened or riveted to the animal’s collar or harness.
(A) A duplicate license may be obtained upon payment of a replacement fee as may be set by the Governing Body in the annual fee resolution.
(B) It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof.
(C) No person may use any license for any animal other than the animal for which it was issued.
(d) Registration fees may be prorated for newly acquired animals required to be licensed and owned by a person or persons moving to and establishing a home in the city during a calendar year.
(1) Although a license is required, license fees shall not be required for assistance dogs (upon providing documentation) or governmental police dogs.
(Ord. 1331, Code 2017; Ord. 1482)
Provisions relating to the issuance of licenses and permits and revocation of same shall be as follows:
(a) The city may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this article, the regulations promulgated by the city, or any law governing the protection and keeping of animals.
(b) Any person whose permit or license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored by such person and no part of the permit or license fee shall be refunded.
(c) It shall be a condition of the issuance of any permit or license that the city shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspections is refused, revoke the permit or license of the refusing owner.
(d) If the applicant has withheld or falsified any information on the application, the city shall refuse to issue a permit or license.
(e) The city may refuse to issue a permit or license, or to revoke such permit or license, if the owner is subject to a judicial order from any jurisdiction prohibiting the owning of all or certain animals.
(f) No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.
(g) Any person having been denied a license or permit may not reapply for a period of 90 days.
(Ord. 1331, Code 2017; Ord. 1482)
(Ord. 1331, Code 2017; Ord. 1482)
(Ord. 1331, Code 2017; Ord. 1482)
(a) It shall be unlawful for any person to own or keep a dog (in violation of code) which runs at large in the City. Knowledge or acquiescence by the owner or keeper is not an element of the offense. Any dog found at large shall be impounded as provided in this chapter.
(b) An animal shall not be deemed to be running at large if:
(1) The animal is firmly attached to a leash or chain under the physical control of its owner or keeper
(2) The animal is within a structure or within a fence enclosure with the permission of the owner or keeper of the structure or fence enclosure
(3) The animal has an operating electronic collar and is under the charge, care or control, of its owner or keeper who is operating an electronic pet containment system or electronic training system for the animal.
(4) The animal is a dog and, under the supervision of its owner or keeper, is using the City’s off-leash dog park in accordance with the City’s rules and regulations for any City off-leash dog parks.
(5) The animal is a dog and is under the voice command, supervision and responsibility of the owner. The voice command / call back must be able to be satisfactorily demonstrated to an animal control officer upon their request.
(c) Any animal on property without the permission of the property owner shall be deemed to be an animal at large and the owner of such animal shall be in violation of this Section.
(d) The provisions of this Section shall not apply to persons who are the owners of assistance dogs, as defined in this chapter.
(e) Any person found guilty of animal at large as defined herein shall be fined. The Municipal Judge shall have no authority to suspend the fine or any portion thereof of fine established by this Section. The fine shall be in addition to any applicable court costs or impoundment fees. The animal control officer, other City employee, or employees or custodians of an impoundment facility where such impounded is held shall not release an animal to an owner if the owner has failed to pay a fine or has failed to appear in municipal court for the adjudication of a violation of this section.
(Ord. 1331, Code 2017; Ord. 1482)
(a) An “aggressive animal at large” means any animal at large that without provocation, exhibits aggression or combativeness toward a person or another domestic animal, whether or not said person or animal is attacked, bitten, or scratched by the aggressive animal at large.
(b) Any person found guilty of animal at large as defined in Section 2-305, where such animal is an aggressive animal shall be fined as follows: $50.00 for the first offense within a twelve (12) month period, or by imprisonment, for not more than 10 days, or by both such fine and imprisonment; $75.00 for the second offense within a twelve (12) month period, or by imprisonment, for not more than 10 days, or by both such fine and imprisonment; $100.00 for the third offense within a twelve (12) month period, or by imprisonment, for not more than 14 days, or by both such fine and imprisonment; and $150.00 for the fourth and subsequent offense(s) within a twelve (12) month period, or by imprisonment, for not more than 30 days, or by both such fine and imprisonment. The Municipal Judge shall have no authority to suspend the fine or any portion thereof of the fine established by this Section but shall have the authority to suspend the term of imprisonment. The fine shall be in addition to any applicable court costs or impoundment fees. The animal control officer, other City employee, or employees or custodians of an impoundment facility where such impounded is held shall not release an animal to an owner if the owner has failed to pay a fine or has failed to appear in municipal court for the adjudication of a violation of this section.
(Ord. 1331, Code 2017; Ord. 1482)
(a) It shall be a separate municipal offense for any person to receive four (4) or more citations for violation of Section 2-306 within a twenty-four (24) month consecutive period. Such person shall be cited as a habitual violator. Any person found guilty of violation of this Section shall be fined a minimum of $100.00 and a maximum of $500.00 for each habitual violator citation. The Municipal Judge shall have no authority to suspend the minimum fine or any portion thereof.
(b) A person cited for violation of this Section shall be required to appear in municipal court. In addition thereto, the Municipal Judge shall have the authority to sentence the individual to up to six (6) months in jail. It shall be a defense to an alleged violation of this Section for the defendant to have been adjudged not guilty, or the charge dismissed, of Section 2-307 for a specific citation issued under Section 2-307.
(Ord. 1331, Code 2017; Ord. 1482)
(Ord. 1331, Code 2017; Ord. 1482)
(Ord. 1482)
(Ord. 1482)
(Ord. 1482)
(Ord. 1482)
(a) No person or household shall own or harbor more than five dogs of six months of age or older or more than one litter of pups, or more than five cats of more than six months of age or more than one litter of kittens, or engage in the commercial business of breeding, buying, selling, trading, training, or boarding cats, dogs or ferrets or both cats, dogs and ferrets, without having obtained a kennel license from the city clerk.
(b) Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been issued by the animal control officer certifying approval of the kennel and compliance with the applicable laws of the city and the State of Kansas, and a certificate by the zoning code enforcement officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the city clerk has not received any protest against the kennel, the city clerk may issue a renewal of an existing kennel license at the same location without any report from the animal control officer and zoning code enforcement officer. If the animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the city clerk, and the license shall not be renewed except after a public hearing before the governing body.
(c) The animal control officer, the zoning enforcement officer, or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.
(d) The governing body may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following:
(1) The kennel is maintained in violation of any applicable law of the State of Kansas, or of the city.
(2) The kennel is maintained so as to be a public nuisance.
(3) The kennel is maintained so as to be detrimental to the health, safety or peace.
(e) The annual kennel license fee shall be set by the governing body in its annual fee resolution. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this chapter.
(f) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.
(Ord. 1482)
(a) Unless otherwise specified by any section of this chapter for a specific violation, any person violating or permitting the violation of any provision of this chapter shall, upon conviction, be fined a sum not less than $50 nor more than $500.00. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days.
(b) Should a person refuse to remove an animal found to unlawfully be in the city, the court shall find the owner of the animal in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this article continues shall be deemed a separate offense.
(c) In addition to the foregoing penalties, any person who violates this chapter shall pay all expenses, including those relating to shelter, food, handling, veterinary care, witness fees and court costs necessitated by the enforcement of this chapter.
(Ord. 1482)
(a) In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined by Section 2-101, the Municipal Judge or Governing Body shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by Section 2-101. The animal control officer or law enforcement officer may order the dog to be impounded at the municipal pound, a licensed veterinary clinic or duly incorporated humane society pending the determination of whether the dog is dangerous. The owner or keeper of the dog shall be liable for the costs of keeping such dog.
(1) Dogs seized in connection with dog fighting or that have caused a severe or fatal injury to a human shall be housed in a secure enclosure with proper exercise and care and held as evidence in the case until the conclusion of the case and order from the court on the disposition of the dogs. Disposition and release of dogs is determined in accordance to K.S.A. 21-4311 and 21-4316 and any amendments thereto.
(b) The animal control officer or law enforcement officer shall notify the owner or keeper of the dog that the hearing will be held in municipal court or with the Governing Body, at which time evidence will be presented that the dog is dangerous and at which time the owner or keeper of the dog may present evidence to rebut evidence presented by the City and present such other evidence as may be relevant.
(1) In making a determination, the municipal judge or Governing Body shall consider the following:
(A) The seriousness of the attack or bite;
(B) Past history of attacks or bites;
(C) Likelihood of attacks or bites in the future;
(D) The condition and circumstances under which the animal is kept or confined;
(E) Other factors which may reasonably relate to the determination of whether or not the animal is vicious.
(2) The failure of the owner or keeper to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog. The hearing shall be held promptly within no less than five (5) nor more than twenty (20) days after service of notice upon the owner or keeper of the dog. The City shall have the burden of proof to show that the dog is dangerous pursuant to Section 2-101.
(c) If a determination is made at the hearing that the dog is dangerous, the owner or keeper shall comply with the provisions of this Article within fifteen (15) days. If the owner fails to comply with the provisions of this Article within the time provided, the dog shall be destroyed. If the owner or keeper of the dog contests the determination, he or she may appeal within ten (10) days to the district court pursuant to law.
(d) It shall be an affirmative defense to charges issued under this article that the dog was provoked, teased, injured and was protecting itself, its owner, its offspring or another human being.
(Ord. 1482)
(a) If the municipal court judge or Governing Body determines that a dog is dangerous pursuant to this Article, the owner or keeper of the dangerous dog shall be required to comply with the following:
(1) Registration. The owner or keeper shall annually register the dangerous dog with the City, on such forms designated by the City Clerk, and shall have a microchip inserted into the dog by a licensed veterinarian or a duly incorporated humane society. The microchip shall detail the dangerous dog registration and such other information as may be appropriate to determine the ownership of the dog. The owner or keeper shall pay an annual registration fee to be established by the city council in the annual fee resolution and shall pay all costs associated with the microchip procedure and registration of the dog. The owner or keeper shall be responsible for maintaining with the City Clerk the address of the owner or keeper and the dangerous dog. The owner or keeper shall notify the City Clerk within seven (7) days of a change in address for the owner or keeper and dangerous dog.
(2) Confinement. All dangerous dogs shall be confined in a secure enclosure. It shall be unlawful for any owner or keeper to maintain a dangerous dog upon any premises that does not have a locked enclosure. It shall be unlawful for any owner or keeper to allow a dangerous dog to be outside of the dwelling of the owner or keeper or outside of a secure enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the dangerous dog or for the limited purposes of allowing said dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required.
(A) In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four (4) feet in length, and shall be under the direct control and supervision of the owner or keeper (who must be 18 years of age or older) of the dangerous dog. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
(3) Signs. The owner of a dangerous dog shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious dog on the premises. A similar sign is required to be posted on the pen or kennel of the animal.
(4) Insurance. No dangerous dog shall be licensed by the city for any licensing period unless the owner or keeper of such dangerous dog shall present to the city clerk proof that the owner or keeper has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dangerous dog during the 12-month period for which licensing is sought.
(A) Such policy shall contain a provision requiring the city to be named as additional insured for the sole purpose of the city to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
(B) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the 12-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the dangerous dog prior to expiration of such license.
(Ord. 1482)
(a) It shall be unlawful for any person to violate the provisions of this Article. Any person found guilty of violating the provisions of this Article shall be assessed, fined, and the animal disposed of, as provided below:
(1) At-Large. Any dangerous dog that is not confined or registered as required pursuant to this Article shall be impounded by an animal control officer or a law enforcement officer. In addition to all costs for impoundment, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine and may require the owner to provide a secure six-sided enclosure on a concrete pad secured before the dog may be returned. For a second offense within twenty-four (24) months, in which the dog is not confined or registered as required pursuant to this Section, in addition to all costs for impoundment, the owner or keeper shall pay a Five Hundred ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall dispose of the dog in a manner to be determined by the animal control officer. The judge shall have no authority to suspend the fine or any portion thereof.
(2) Attack on Human. If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing, a human being, the owner or keeper shall pay a Five Hundred Dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall humanely euthanize said dog. The judge shall have no authority to suspend the fine or any portion thereof.
(3) Attack on Other Animal. If any dangerous dog shall kill or wound, or assist in killing or wounding, any domestic animal, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall destroy said dog. The judge shall have no authority to suspend the fine or any portion thereof.
(b) If the owner or keeper of a dog impounded pursuant to this Section shall believe that there shall not have been a violation of the provisions of this Section, such owner may petition the Municipal Court, on forms approved by the Municipal Judge, petitioning that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending the resolution of such owner’s petition if the petition shall have been filed within five (5) days of impoundment of such dog and notice shall be have been delivered within five (5) days of the impoundment of such dog. The dog shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner upon the payment of the expenses by the owner or keeper.
(c) In addition to the fines provided in this Section, the Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Article to serve up to a maximum of six (6) months in jail.
(d) Nothing in this Article shall be construed to limit the Municipal Judge’s authority to impose other fees or fines appropriate with other provisions of this chapter or the city code.
(Ord. 1482)
(a) No person shall harbor, own, or possess any animal that is an immediate threat to public health and safety.
(b) 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 dangerous or vicious animal without notice to the owner.
(c) 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. The municipal judge may, upon making a finding that an animal is dangerous or 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 or a veterinarian. 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.
(d) The Municipal Judge shall have the authority to sentence the person adjudicated guilty of this section to serve up to a maximum of six (6) months in jail and to pay a fine not to exceed $1,000.00.
(e) Notwithstanding any other provision of this article or chapter to the contrary and irrespective of whether an animal has been declared dangerous pursuant to this article, the Municipal Judge may order any animal destroyed if the Judge determines that the animal is an immediate threat to public health and safety and that confinement and registration of an animal by the owner or keeper of the animal as provided in this article will not adequately protect public health and safety. In making such determination the Judge may consider the severity of any attack by the animal or any such other relevant information.
(Ord. 1482)
(Ord. 1482)
(a) 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 the city pound, securely penned and separated from other animals, or in a veterinary hospital or animal care facility for a period of not more than 30 days during which time the local health officer or animal control officer shall determine whether or not such animal is suffering from a disease and, if not, the local health officer or animal control 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. If in the opinion of the local health officer symptoms develop justifying a microscopic examination, then the animal shall be humanely euthanized and examination made by the state board of health or a privately certified or publicly accredited laboratory authorized to provide such testing.
(b) Any animal desired for observation by the local health officer or animal control officer under this section shall be delivered to the animal control officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of this code. Upon refusal of any person to so deliver such animal, the municipal judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.
(Ord. 1482)
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 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; and
(b) If the bitten animal has a current vaccination, it shall be confined for ninety (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.
(Ord. 1482)
The animal control officer or 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. Any animal not confined during such time may be disposed of wherever found by any police officer, or the animal control officer of the city. The owner of such animal shall be prosecuted for such violation thereof.
(Ord. 1482)
(Ord. 1482)
(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, eight 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 or Emus.
(23) Pumas; also known as cougars, mountain lions and panthers.
(24) Raccoons.
(25) Rhinoceroses.
(26) Skunks.
(27) Tigers.
(28) Wolves.
(c) The prohibitions of this section shall not apply to:
(1) A bona fide zoo, as defined by the American Association of Zoological Parks and Association of Zoological Parks and Aquariums;
(2) A veterinary clinic operated by a licensed veterinarian;
(3) A licensed medical institution or accredited educational institution;
(4) A carnival or circus properly licensed or approved by the city;
(5) A person or business exhibiting an animal for show or other temporary purpose on public property as part of an educational or community event that has been authorized by the city.
(6) A facility licensed by the Kansas Animal Health Department for the purpose of impounding, sheltering, or caring for animals and legally zoned or permitted within the City to operate such a facility.
(d) The exemptions in subsection (c) above shall be valid only if:
(1) Their location conforms to the provisions of the zoning ordinance of the city.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(e) The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or removed from the city.
(Ord. 1482)