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 equines, hogs, goats, dogs, cats, 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 means 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) Assistance Dog means a dog trained and certified, or undergoing training, to aid or assist a person with a disability and includes guide dogs for the visually impaired, hearing dogs for the deaf or hard of hearing, and service dogs for mobility assistance, seizure alert, therapy, or psychiatric service. The owner of an assistance dog must be able to provide adequate documentation, upon demand of an animal control officer or law enforcement officer, that the service dog is an animal trained by an accredited institution which trains dogs for assistance work.
(e) 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.
(1) Animals are not considered to be at-large if they are on the property of the owner or public grounds and under the supervision or voice control of the owner.
(f) 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.
(g) Cat means any member of the species felis catus, regardless of sex.
(h) Dangerous Dog means:
(1) Any dog with a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals; or
(2) Any dog which in a vicious or threatening manner, approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property; or
(3) Any dog which attacks or bites, or has attacked or bitten a human being or domestic animal; or
(4) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
(5) Notwithstanding the definition of a dangerous dog above in paragraphs (1) through (4) above:
(A) No dog may be declared dangerous if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
(B) No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
(C) No dog may be declared dangerous if the injury or damage was sustained by a rabbit, bird or fowl that was not in a fenced or enclosed area on its owner’s premises.
(D) Nothing in this article shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.
(i) Dangerous or Vicious Animal means:
(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.
(2) Any animal which attacks a human being or domestic animal without provocation.
(3) Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.
(4) A rabid animal, either deemed to be rabid by the animal control officer or a law enforcement officer based upon an animal’s physical appearance or actions, or an animal later determined to be rabid through testing or determination made by a licensed veterinarian.
(j) Dog means any member of the species canis familiaris, regardless of sex.
(k) Exposed to Rabies means an animal which has been bitten by or subjected to danger, attack or harm by any creature known to have been infected with rabies.
(l) Fowl means those animals in the zoological class aves, which can be generally defined as domestic birds commonly kept for the production of meat, eggs or feathers, which shall include, but not limited to, chickens, ducks, geese, swans, turkeys, pigeons, pea fowl, guinea fowl, ostriches and emus.
(m) 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.
(n) 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.
(o) 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.
(p) Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
(q) Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, more than six dogs.
(r) Livestock includes, but is not limited to cattle, horses, goats, sheep, pig, llamas, ostriches, emus or other animals commonly regarded or used as farm or ranch animals; including miniature, dwarf or pygmy variations of all the foregoing animals. This does not include domestic, non-farm animals.
(s) Neutered means any male or female cat or dog that has been permanently rendered sterile.
(t) Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. 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.
(u) Owner means the one who owns, or his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in subsection (q) above.
(v) Secure enclosure means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog. An enclosure shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. The secure enclosure must be at least six feet from any public sidewalk or street. The secure enclosure, other than a residence, must be locked with a key or combination lock when animals are within the enclosure. All secure enclosures must comply with all zoning and building regulations of the city. All secure enclosures must provide such food, potable water, protection from the elements, opportunity for exercise adequate to maintain health, adequate light and ventilation, a clean and sanitary environment, and provide for other care as is needed for the health or well-being of the enclosed animal.
(w) Secure six-sided enclosure means a secure enclosure, such as a pen, kennel or structure with secure sides, a secure top attached to the sides and a secure bottom or floor attached to the sides of the pen, or if such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than one (1) foot.
(x) Service Animal means dogs, or other animals, that are trained by an accredited institution to do work or perform tasks for people with disabilities and covered by the Americans with Disabilities Act (ADA). Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog, or animal, has been trained to provide must be directly related to the person’s disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
(1) Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go.
(2) Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices.
(y) Supervision means within visual and auditory range of the owner.
(z) Tether, when used as a verb, shall mean fastening a dog or cat to a stationary object, pulley run line or a stake. When used as a noun, shall mean a chain, leash, rope, cable, chain, string, leather or nylon strap, or any other material used to fasten a dog or cat to a stationary object, pulley run line or a stake.
(aa) 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.
(bb) Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.
(cc) Vicious means a cross, ferocious or dangerous disposition or a habit, tendency or disposition to snap, attack or bite any person or domestic animal.
(Code 1988; Ord. 1482)
(a) Except as allowed by subsection (d) of this section, it shall be unlawful for any person to own, keep, maintain or have in his possession or under his control, within the city limits, any live mammal, bird or reptile.
(b) Except as allowed by subsection (d) of this section, it shall be unlawful for any person to willfully sell, offer for sale, trade or offer for trade, within the city limits, any live mammal, bird or reptile.
(c) Except as allowed by subsection (d) of this section, it shall be unlawful for any person to willfully buy or accept in trade, within the city limits, any live mammal, bird or reptile.
(d) Exceptions. Persons may buy, own, accept in trade, keep, maintain, possess, sell, offer for sale, trade or offer for trade:
(1) Domestic dogs,
(2) Domestic cats,
(3) Domesticated rodents,
(4) Domesticated European ferrets.
(5) Rabbits, except that no more than four (4) rabbits over the age six months shall be permitted in or on a property that is residentially zoned.
(6) Birds, except for species protected by state or federal law and fowl as defined in this chapter.
(7) Nonvenomous snakes less than eight (8) feet in length, except that such snakes shall be required to be maintained on the owner’s premises or property.
(8) Nonvenomous lizards.
(9) Turtles, except for species protected by state or federal law.
(10) Amphibians.
(11) Fish.
(12) Invertebrates.
(13) Domesticated Hedgehogs.
(14) Service animals as defined in this chapter.
(e) Exceptions: The prohibitions in subsections (a) through (c) 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 stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city;
(3) It is unlawful to own, keep, harbor or maintain any livestock or poultry in the City, except as set forth in this Article and Chapter. A minimum lot size of one (1) acre shall be required to keep any number of livestock or poultry in the City. The size of the parcel shall be determined through reference to the Linn County, Kansas Land Records as maintained by the Linn County Appraiser.
(A) Number Permitted:
(i) Livestock: One (1) per acre;
(ii) Poultry: Four (4) per acre
(B) Setbacks: No corral, shelter or containment area may be closer than 100 feet from any adjacent dwelling, other than that of the owner of such livestock; or within 100 feet from the front lot line; or within 25 feet of any side or rear property line.
(4) A veterinary clinic operated by a licensed veterinarian.
(5) A person designated and licensed as an animal rehabilitator by the Kansas Wildlife and Parks Department.
(6) A bona fide medical institution or accredited educational institution.
(7) A carnival, circus, if properly licensed or approved by the city.
(8) A person or business exhibiting an animal for sale, show or other temporary purpose on public property as part of a community event that has been authorized by the city.
(9) 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.
(10) Any person, business or institution listed under this subsection (e) who are temporarily transporting such animals through the city by ordinary and customary means, except that circuses and carnivals need not be licensed by the city if merely temporarily transporting an otherwise prohibited animal through the city.
(f) Sanitary Requirements. All persons, businesses and institutions listed in subsections (d) and (e) of this section must ensure that all animals and animal quarters conform to the provisions of the nuisance ordinances of the city and are kept in a clean, sanitary condition, free from filth, debris garbage and so maintained as to limit objectionable odors; and shall ensure that all animals are maintained in quarters which are adequately constructed so as to prevent their escape. Those not meeting the sanitary requirements shall be deemed to maintain a nuisance. Such a nuisance shall be abated pursuant to the procedure set out in Chapter 7 of this code.
(g) Licensing. All persons and institutions listed in subsection (e) of this section must be properly licensed, if so required, by any rule or regulation promulgated under the authority of federal statute enacted by the United States, or by any statute enacted by the state, or by any rule or regulation promulgated by any agency or department as authorized by state statute.
(h) Violations.
(1) Any animal found in violation of the provisions of this article shall be subject to impoundment by the city and subsequent fees for such impoundment in accordance with Section 2-209 of this chapter.
(2) A violation of any provision of this section shall constitute a new and separate offense each calendar day the violation continues to exist.
(i) Destruction or Removal of Prohibited Animals. Upon conviction of a violation of this section, the judge of the municipal court and / or the Governing Body of the city may order the owner, harborer, keeper or possessor to destroy or remove from the city any animal prohibited under this section.
(Code 1988; Ord. 1482)
(a) It shall be unlawful for any person to injure, kill, maim, molest, torture or destroy any wild or undomesticated animal in the city; provided, that upon complaint to the police department that any wild or undomesticated animal has caused or is causing damage or destruction of property upon any private premises in the city, such animal may be taken into custody and destroyed by a pest control firm or company or animal control; provided, however, that rats, mice, moles and like rodents infesting any private premises may be controlled and destroyed at any time.
(Code 1988; Ord. 1482)
It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of humane live animal traps that are so designed to trap and hold animals without injuring the animals.
(a) Individuals shall be required to regularly check such live animal traps so that the animal is not injured or neglected in a manner which would subject the person using, placing or deploying the trap would be subject to animal cruelty provision under Section 2-107 of this article.
(b) Nothing in this section shall be construed to prohibit the use of lethal traps for the control or removal of rats, mice, moles, like rodents or other pests infesting any private premises by a person or pest control company.
(Code 1988; Ord. 1482)
(Code 1988; Ord. 1482)
(Ref. K.S.A. 47-230 et al; Code 1988; Ord. 1482)
(a) It shall be unlawful for any person to:
(1) Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, poison, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;
(2) Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;
(3) Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition, unless under continuing veterinary care.
(4) Abandon or leave any animal in any place without ensuring provisions for its proper care;
(5) Have physical custody of any animal and fail to provide such food, potable water, protection from the elements, opportunity for exercise adequate to maintain health, or other care as is needed for the health or well-being of such animal;
(A) Food. Food shall be wholesome, free from contamination, and of sufficient quantity and nutritive value to maintain the animal(s) good health. Animals shall be fed at least once a day except as dictated by veterinary treatment, normal fasts or other accepted practices. All food receptacles shall be kept clean.
(B) Potable Water. Adequate fresh water shall be made available to animals on a regular basis.
(C) Protection from the Elements. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided for all animals kept outdoors to afford them protection and prevent severe discomfort of such animals. When sunlight is likely to cause overheating, sufficient shade by natural or artificial means shall be provided to allow all animals kept outdoors to protect themselves from direct sunlight. Owners of animals kept outdoors or in an unheated enclosure shall provide the animal with the following minimum standards of shelter:
(i) It shall include a moisture proof and windproof structure of suitable size to accommodate the animal and allow retention of body heat and shall be made of durable material.
(ii) It shall be provided with a sufficient quantity of clean, suitable bedding material consisting of hay, stray, cedar shavings, or the equivalent, to promote insulation and protection against cold and dampness and promote retention of body heat.
(6) Keeping or harboring an animal on property upon which no person resides.
(7) Failure of any operator of a motor vehicle to report an injury or death of a domesticated animal struck by the operator’s vehicle in the manner required in Section 2-112 of this chapter.
(8) Knowingly leave any animal confined in a vehicle, without the appropriate heat or air conditioning, for more than five minutes in extreme weather conditions, defined as more than 85 degrees Fahrenheit or less than 15 degrees Fahrenheit ambient air temperature, shall create a legal, rebuttable presumption of violation of this act; or to transport an animal in the trunk of a vehicle;
(9) Except a licensed veterinarian, to crop animal ears or dock animal tails;
(10) Use of a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment;
(11) Cause, instigate, stage, or train any animal to fight or permit any animal to fight any other animal or human; or
(12) Cause, instigate, stage, or train any animal to fight or permit any animal to fight any other animal or human; or promote, stage, hold, manage, in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves, any other animal or any human;
(13) These provisions shall not apply to the exceptions sanctioned under Section 2-108.
(Code 1988; Ord. 1482)
The provisions of Section 2-107 shall not apply to:
(a) Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care;
(b) Bona fide experiments carried on by licensed research facilities;
(c) Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated;
(d) Rodeo practices accepted by the rodeo cowboys’ association;
(e) The humane euthanization of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane euthanization of animals for population control, by an authorized agent such as a licensed veterinarian, at the request of the owner;
(f) The humane euthanization of an animal by the animal control officer, a public health officer or a law enforcement officer in the performance of his or her official duty;
(g) The humane euthanization an unclaimed animal after three full business days following the receipt of such animal at a municipal pound or an incorporated humane society shelter by the owner, operator or authorized agents of such establishments.
(Ord. 1482)
(a) Any animal control officer, public health officer, law enforcement officer or licensed veterinarian, may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined in Section 2-107 of this chapter and subsections thereto. Such officer or veterinarian may inspect, care for or treat such animal or place such animal in the care of the City, 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 euthanization thereof.
(b) Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to subsection (a) above pending prosecution of the owner or keeper of such animal for the crime of cruelty to animals as defined in this chapter shall be assessed to the owner or keeper as a cost of the case if the owner or keeper is adjudicated guilty of such crime.
(c) If a person is adjudicated guilty of the crime of cruelty to animals as defined in Section 2-107 of this chapter and the court determines that such animal owned or possessed by such person would be in the future subject to any cruelty to animals, 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, adoption or other disposition.
(d) Unless the animal obtained pursuant to this Section is the evidentiary subject of a pending prosecution, the owner or keeper of the animal shall have a maximum of ten (10) days after the animal is taken into custody to obtain the animal from the City, veterinarian or a duly incorporated humane society having custody of the animal. The City shall notify the owner or keeper of the animal, if known or reasonably ascertainable. The failure of the owner or keeper to obtain custody of the animal in the time provided shall provide the authority for the Municipal Judge to declare that the animal be disposed of by the City, veterinarian or duly incorporated humane society by adoption or destruction.
(e) Violation of Section 2-107 shall be a municipal offense and upon conviction, the defendant shall be fined a minimum fine of $100.00 and a maximum fine of $1,000.00 per offense. The Municipal Judge shall not have authority to suspend the minimum fine. In addition, to the Municipal Judge shall have authority to sentence the convicted defendant to a maximum six (6) month sentence in jail.
(1) A municipal judge shall have authority as a condition of sentence or probation to enter an order that prohibits the convicted defendant from owning, keeping or being allowed to obtain a license in the city for any or specific animals for a period of time to be determined by such judge.
(2) In addition to the penalties provided in this section, the municipal court judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible.
(Ord. 1482)
It shall be unlawful for any person to attach chains or other tethers, restraints or implements directly to a dog or cat 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. No person shall:
(a) Use a tether or any assembly or attachments thereto to tether a dog or cat that shall weigh more than one-eighth of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area tethered.
(b) Tether a dog or cat on a choke chain or in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other manmade or natural obstacles.
(c) Tether a dog or cat 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 40 degrees Fahrenheit, or to tether a dog without securing its water supply so that it cannot be tipped over by the tether.
(d) Tether a dog or cat in an open area where it can be teased by persons or an open area that does not provide the dog or cat protection from attack by other animals.
(e) Tether a dog or cat 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.
(Ord. 1482)
(a) It shall be unlawful for any person to confine, harbor, keep or maintain an animal on property uninhabited by humans within the city limits.
(b) The prohibition 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 stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city;
(3) A veterinary clinic operated by a licensed veterinarian.
(4) A bona fide medical institution or accredited educational institution.
(5) A carnival, circus, if properly licensed or approved 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.
(7) Any person, business or organization engaged in the commercial business of buying, selling, training or boarding animals.
(8) Animals maintained on nonresidential commercial properties for security purposes.
(9) Livestock maintained on tracts of ten (10) acres that is zoned for agricultural use, or otherwise allowed pursuant to this chapter, and adequate food and water is available.
(Ord. 1482)
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 or any law enforcement officer.
(Ord. 1482)
(Ord. 1482)
(Ord. 1482)
(a) It shall be unlawful for the owner of any animals to keep or maintain such animals in the city so as to constitute a nuisance. For the purpose of this section, nuisance is defined as:
(1) Any animal which molests or interferes with persons in the public right-of-way, including the riding of livestock on the public right of way or any other public property, unless as part of a community event that has been authorized by the city.
(2) Any animal which attacks or injures persons, or other domestic animals.
(3) Any animal which damages public or private property other than that of its owner.
(4) Any animal which scatters refuse that is bagged or otherwise contained.
(5) Any owner which allows by the nature of maintenance of property or by the number of animals on a property to create an offensive odor so as to be objectionable to surrounding residences.
(6) Any animal or owner which causes any condition which threatens or endangers the health or well-being of persons or other animals.
(7) Any person who shall own on their premises, more than five dogs of more than six months of age, or more than five cats or ferrets of more than six months of age, unless such premises is licensed as a commercial kennel.
(b) 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 or the animal control officer or agent must be witness to the violation.
(Ord. 1482)
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. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition, and if he or she fails to do so, the city may abate it by taking up, charging the violation and / or impounding and/or disposing of the animal at the expense of the owner.
(Ord. 1482)
(a) It shall be unlawful for any person to appear with an animal upon the public right-of-way, within public places or upon the property of another, absent that person’s consent, without some means for removal of excrement that may be deposited by the animal.
(b) It shall be unlawful for any person who is an owner or possessor of an animal in their care to fail to remove any excrement deposited by the animal upon any public or private property, other than the property of the owner of the animal.
(c) The provisions of this section shall not apply to persons who have a physical disability or visual impairment, who are using service dogs, and can provide adequate documentation, upon demand of an animal control officer or law enforcement officer, that the service dog is an animal trained by an accredited institution which trains dogs for service work for the physically disabled or visually impaired.
(d) Violation of this section shall be punished by a fine of not less than $10.00, plus applicable court costs. The Municipal Judge shall have no authority to suspend the fine or any portion thereof.
(Ord. 1482)
(Ord. 1482)
(Ord. 1482)
(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 at least once each week from any animal shelter or pen where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
(c) All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
(d) All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.
(e) All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public health official. If the officer or official 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.
(Ord. 1482)
Animal shelters owned or operated as a stockyard or commercial holding pen shall be adequately maintained and cleaned as often as is necessary, as determined by the health officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:
(a) Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant, or by proper dispersal on land used for agricultural purposes.
(b) Grain or protein feed shall be stored in tightly covered rodent-proof metal containers or rodent-proof bins.
(c) Premises subject to the terms of this section shall be maintained free of rodent harborage.
(d) Wherever reasonable, use shall be made of anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.
(e) Wherever reasonable, use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.
(f) Enclosures including fences where animals such as horses, cows, sheep and goats are maintained shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent such animals from breaking out or causing hazard to persons or property.
(g) The solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a residential classification permit as herein provided shall be stored in metal containers, with tight-fitting metal lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
(h) Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms of this chapter shall be surfaced with concrete or asphaltic materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the health officer. The health officer shall waive this standard for domestic animal holding operations where such animal holding is longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses or sheep.
(i) Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a commercial, industrial or agricultural permit according to the terms of this chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the health officer; provided that all solid waste shall be properly disposed of at least once each week or as may be approved by the health officer.
(Ord. 1482)
(Ord. 1482)
(Ord. 1482)
(a) The animal control officer shall be responsible for the removal of all dead animals found within the city on public property.
(b) All dead animals on private property shall be removed by the owner or proprietor of the premises within 12 hours after the death of such animal. If not so removed, such animal shall be removed by the animal control officer, and the costs arising therefrom may be charged to the animal’s owner or custodian or property owner or proprietor.
(c) Charges for dead animal removal as required in subsections (b) of this section are due and payable upon billing by the city’s administration services department, but payment shall be made in advance of animal removal if reasonably possible. Unpaid bills shall become a lien against the property when certified and processed as provided by law. The animal control officer may refuse to collect dead animals from commercial establishments as provided in subsection (b) for failure to pay previous billings.
(d) On-site burial of licensed animals shall be allowed on residential property which is owned and occupied by the resident, for domestic animals approved under Section 2-102(d) of this chapter, under 150 pounds in weight, and owned and licensed by the property owner prior to the animal’s death.
(Ord. 1482)