CHAPTER II. ANIMAL CONTROL AND REGULATIONSCHAPTER II. ANIMAL CONTROL AND REGULATIONS\ARTICLE 1. GENERAL PROVISIONS

For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meaning given in this section:

(a)   Animal -- Any live, vertebrate creature, domestic or wild, other than humans;

(b)   Animal Control Officer -- Any person or persons who is educated in the care, seizure, custody and confinement of animals and who is designated by the governing body or the mayor to perform or enforce the provisions of this article.

(c)   At Large -- running at will, acting on its own initiative and not secured by a leash or lead, unless the animal shall be on the premises of the owner and under control of a responsible person and obedient to that person’s command on such premises.

(d)   Bite -- Any contact between an animal’s mouth and teeth and the skin of a bite victim which causes visible trauma, such as a puncture wound, laceration, abrasion or other piercing of the skin, resulting in the saliva of the biting animal contracting the wound.

(e)   Cat -- Any member of the animal species, Felis Catos, four months or more in age.

(f)   Control -- Control of an animal means that the animal is on a leash not more than eight feet in length; is under voice control in the presence of a competent person; is within a vehicle being driven or parked; or is confined to the private premises of its owner, keeper or harborer, or the premises of another person with the consent of the owner, keeper or harborer.

(g)   Dangerous Animal -- Includes any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature, or other characteristics, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters; any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoon, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes); any vicious dog; any animal subject to rabies that has bitten or attacked any person or any animal suspected of having rabies; any dog, cat or other animal having a disposition or propensity to attack or bite any person or animal without provocation; or any pit bull dog.

(h)   Dog -- any member of the animal species Canis Familiaris four months or more in age.

(i)    Domestic Animal – Includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, emus, llamas, alpaca, chicken, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds, fish, reptiles, amphibians and animals raised and/or maintained in confinement.

(j)    Exotic Animal -- Includes, but is not limited to bears, ostriches, lions, tigers, all animals not indigenous to the United States and all animals not included in any other designations or definitions in this article.

(k)   Harbor -- To provide food shelter for any domesticated animal for three consecutive days or more.

(l)    Impound -- To seize summarily, confine, or restrain in custody.

(m)  Inoculation, Vaccination, or Vaccination for Rabies -- The inoculation of an animal with a vaccine approved by the State of Kansas for use in the prevention of rabies.

(n)   Kennel -- Any place, area, building or structure where dogs, cats or both (including those under one year of age) which are produced, boarded, housed, cared for, sold, fed and/or trained. Provided that such a place shall be deemed a kennel for the purpose of this article only if the total number of dogs or cats, or both which are produced and raised on such premises and are sold during the registration year is fewer than all or part of six litters of animals or 30 individual animals, whichever is less, whether such animals are dogs or cats, or both.

(o)   Large Animals -- Any horse, buffalo, donkey, mule, any other hoofed animal, swine, cattle, goat, sheep and other domestic animal of similar size.

(p)   Licensed Veterinarian -- A veterinarian duly licensed to practice the profession by the State of Kansas.

(q)   Livestock -- Any horse, cattle, swine, chicken, pheasant, duck, sheep; of any size or age and any other animal purchased, raised and/or bred for competition, commercial or other similar use excluding only such animals that are used in laboratory or other settings.

(r)    Own -- Includes to own, to keep, to harbor, or to have charge, custody or control of an animal.

(s)   Owner -- Any person owning, keeping or harboring an animal for three consecutive days or more. A parent or legal guardian shall be deemed to be an owner of animals owned or maintained by children upon their premises.

(t)    Person -- Any individual, firm, corporation, association or partnership.

(u)   Pit Bull Dog -- Defined as:

(1)   The Bull Terrier breed of dog;

(2)   Staffordshire Bull Terrier breed of dog;

(3)   The American Pit Bull Terrier breed of dog;

(4)   The American Staffordshire Terrier breed of dog;

(5)   Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;

(6)   Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.

(v)   Police Officers -- Those officers of the Johnson County Sheriff’s Department performing law enforcement services in the city pursuant to a contract with the city.

(w)  Pound -- A place where dogs or cats are to be impounded, and such pound shall be at any place designated by the governing body.

(x)   Trap -- Any mechanical device or snare which seeks to hold, capture or kill an animal.

(y)   Vicious Dog

(1) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals;

(2)   Any dog which when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;

(3)   Any dog which, without provocation, 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.

(Ord. 904, Sec. 2; Ord. 2215, Sec. 1; Code 2009; Ord. 2264, Sec. 1)

(a)   License Required. It shall be unlawful for any person to own or keep any dog or cat unless such dog or cat is licensed. A license shall be issued by the city clerk upon full compliance with all provisions of this section.

(b)   License Fee. The license fees shall be set forth in the City’s annual Fee Resolution. If the fee imposed and required to be paid by this section is not paid within the time required, in addition to the fee there will be a $25 late charge.

(c)   License Period. The license fee herein required and levied shall cover the period from January 1st to December 31st of each year, and shall be due and payable on or before April 1st of each year; provided, that the license fee for a dog or cat subject to this article brought into the city on or after the 1st day of April shall be due and payable within 30 days after the date the same is brought into the city.

(d)   License Fee to General Fund. All taxes, fees, charges, and penalties paid to or collected by any officers of the city under or pursuant to the provisions of this section shall be paid over to the city clerk and by her credited to the general operating fund.

(e)   Fractional Year License. The city clerk is hereby authorized to issue a fractional year license fee on any dog or cat brought within the city limits after the 1st day of April, July or September of each year when application has been made by the owner and upon satisfactory showing by affidavit, certificate or bill of sale as to the date of acquiring the dog or cat, or that the applicant became a resident of the city after the dates; provided, however, such fractional year license as herein authorized shall not be issued if such dog or cat be found at large or has been impounded by the city. In such case, the applicant shall be required to pay the full yearly license tax together with the redeeming fee, impounding fee and penalties and shall be required to meet the requirements for vaccination as provided for herein.

(f)   Identification/Registration; Tags. The owner of any dog or cat shall cause the same to be listed or registered at the office of the city clerk in a proper book or record provided for that purpose. The city clerk shall, upon payment of the fee for such dog or cat, issue and deliver to the owner, a suitable metal check or tag, bearing a number and stating the year for which issued. Such tag shall be securely affixed to the collar or harness of each dog so registered in such manner that the same may at all times be easily visible to the police officers and the animal control officer. Each owner of a cat so registered shall, upon request by the city clerk, the animal control officer, a police officer or such other designated official produce the tag so issued if it is now worn on a collar or harness by the cat. If such tag be lost, the city clerk, upon request and satisfactory proof that the same has been lost, shall issue a duplicate tag upon the payment of the sum of $.50.

(g)   Rabies Vaccination Required. It shall be unlawful for any owner to own or keep any dog or cat unless such dog or cat has been inoculated for rabies. Prior to April 1st of each year each dog and cat within the city limits shall be inoculated for rabies with either of the following:

(1)   Killed tissue vaccine (sometimes known as one year vaccine) within the six months previous to the date of the issuance of tag.

(2)   Modified live virus vaccine (sometimes known as three year vaccine) within 30 months previous to the date of the issuance of tag.

No tags shall be issued as hereinabove provided for any dog or cat until the owner shall furnish to the city clerk a certificate signed by a licensed veterinarian showing that the dog or cat has been inoculated as herein required. The rabies inoculation receipt issued by a veterinarian at the time of vaccination shall be carefully preserved by the owner or custodian of the dog or cat and exhibited promptly upon request for inspection by the animal control officer or city clerk.

(i)    License Record. The city clerk shall keep a book or other written record of the names and addresses of the licensed owners of dogs or cats the name, sex, whether neutered or not, color and description of the dog or cat, and such other information as may be deemed necessary.

(j)    Pet Census. The city clerk shall supervise an annual pet census which shall be conducted during the month of February of each year. A count of all dogs and cats owned within the city shall be taken by some person appointed for the purpose. The enumeration shall account for the number, ownership and sex of all dogs or cats owned and may be compared and corrected with the animal assessment records of the county.

(k)   Annual Notice Published. Each year on or before the 1st day of March, it shall be the duty of the city clerk to publish a notice of the licensing requirements of this section which pertain to dogs and cats in the official city newspaper. Such notice may be published one or more times and shall notify owners or harborers of dogs and cats in the city that vaccinations must be completed as herein provided and that the annual dog or cat license fee will be due and payable on or before April 1st following the notice.

(Ord. 904, Sec. 3; Ord. 1046, Sec. 1; Code 2009)

(a)   Responsible Animal Care. It shall be unlawful for any owner of a domestic animal not to provide for his or her animal:

(1)   Sufficient quantity of good and wholesome food and water;

(2)   Proper protection and shelter from the weather;

(3)   Veterinary care when needed to prevent suffering;

(4)   Humane treatment; and

(5)   Prompt removal and sanitary disposal of all excreta deposited by the animal in the city.

(b)   Cruelty to Animals.

(1)   It is unlawful for any person to willfully, intentionally or maliciously kill, maim, injure, mutilate, disfigure or torture; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; drive over or otherwise cruelly set an animal upon another animal, except that reasonable force by a person may be employed to drive off vicious or trespassing animals.

(2)   It is unlawful for any person to drive or work any animal cruelly.

(3)   It is unlawful for any person to fail, refuse or neglect to provide any animal in his or her charge or custody as owner or otherwise with proper food, drink, shade, care or shelter, or carry any animal in or upon any vehicle in a cruel or inhumane manner. Any animal kept outside shall be provided with such structurally sound weatherproof enclosure as is large enough to accommodate the animal.

(4)   It is unlawful for any person to abandon any animal within the city limits.

(5)   It is unlawful for any person by any means to make accessible to any animal with the intent to cause harm or death, any substance which has in any manner been treated or prepared with harmful or poisonous substances. It is not the intent of this subsection to prohibit the use of poisonous substances for the control of vermin of significance to the public health.

(6)   It is unlawful for any person to permit any dog fight, cockfight, bullfight, or other combat between animals or between animals and humans.

(7)   It shall be unlawful for any person except a licensed veterinarian to crop animal ears or dock animals tails.

(8)   No person shall give away any live animal, fish, reptile, or bird as a prize for or as an inducement to enter a place of amusement or business; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

(9)   Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society.

(10) It is unlawful for any person to intentionally kill, injure, maim, torture or mutilate any animal.

(11) it is unlawful for any person to abandon or leave any animal in any place without making provisions for its proper care.

(12) It is unlawful for any person to have physical custody of any animal and fail to provide such animal food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well being of such kind of animal.

The provisions of this subsection pertaining to animal cruelty shall not apply to:

(i)    Normal or accepted veterinary practices;

(ii)   Bona fide experiments carried on by commonly recognized and duly licensed research facilities;

(iii)  Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of K.S.A.

(iv)  Rodeo practices accepted by the Rodeo Cowboys’ Association.

(v)   The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose or the humane killing of animals for population control by a licensed veterinarian at the request of the owner thereof, or by an officer or agent of an incorporated humane society, the operator of an animal shelter or pound, local or state health officer or licensed veterinarian three business days following the receipt of any such animal at such society, shelter or pound;

(vi)  With respect to farm animals normal or accepted practices of husbandry;

(vii) The killing of any animal by any person at any time which may be found outside the owned or rented property of the owner or custodian of such animal and which is found injuring or posing a threat to any person, farm animal or property;

(viii)An animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of animal when such animal is vicious or could not be captured after reasonable attempts using other methods.

(c)   Trapping Prohibited. It shall be unlawful for any person to do any trapping anywhere in the city.

(1)   The provisions of this subsection pertaining to animal trapping shall not apply to:

(A)  The use of any trap specifically designed to kill rats, mice, gophers or moles with the consent of the owner or occupant of the property where the trap is set.

(B)  The use of cage-type live traps employed for the control of nuisance animals as long as such traps are tended each 12 hours.

(Ord. 904, Sec. 4)

It shall be unlawful for any person to buy, sell or offer for sale a native or foreign species or sub-species of mammal, bird amphibian, or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969. (Ord. 904, Sec. 5)

(a)   The animal control officer shall be responsible for the removal of all dead animals found within the city.

(b)   All dead large animals 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 charged to the animal’s owner or custodian or property owner or proprietor.

(c)   Charges for dead animal removal as required in subsection (b) of this section are due and payable upon billing by the city clerk. 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 for failure to pay for previous billings.

(d)   On occupied property, the owner and/or tenant thereof shall provide easy access to the subject animal for purposes of its removal.

(Ord. 904, Sec. 6)

Whenever the animal control officer or any other law enforcement officer encounters a stray or abandoned animal suffering pain, he or she may take the animal to a veterinarian approved by the city where the cost of any care or treatment shall be borne by the owner. If the ownership of the animal cannot be determined, the animal control officer shall act in accordance with instructions received from the city clerk or another designated city employee. If the animal appears to be diseased or disabled beyond recovery for any useful purpose, such officer or such agent may at once cause such animal to be killed in a humane manner.

(Ord. 904, Sec. 7; Code 2009)

It shall be unlawful to keep, harbor, own or in any way possess any dangerous animal within the city limits.

(a)   Prima Facie Evidence. For purposes of this article, if a dog, cat or other animal has bitten any person, persons or animal on two or more separate occasions, it shall be prima facie evidence that the dog, cat or other animal is a dangerous animal. Nothing herein should be construed as meaning an animal has to bite on two or more occasions before being deemed a “dangerous animal”.

(b)   Notice of Keeping Dangerous Animals. Upon the written complaint of any person that a person owns a dangerous animal in violation of this article, the city code enforcement officer, or such person as the code enforcement officer shall appoint, shall forthwith cause the matter to be investigated; and if, after investigation, the facts indicate such person named in the complaint is in fact the owner or is keeping or harboring any such dangerous animal, he or she shall forthwith send written notice to such person requiring such person to safely remove the animal from the city within five days of the date of the notice. If the owner fails to comply with the notice, such non-compliance is considered a violation of this code and may be prosecuted by the city in municipal court for each day of non-compliance, and/or the city can have the animal confiscated and removed from the city as set forth in subsection (c) below. If a municipal court citation is issued for the keeping of a dangerous animal, then until the citation is finally decided in court, the owner of the animal must secure the animal within the owner’s dwelling and the animal can only be allowed outside if secured by a leash. If, within the five day compliance period, the owner submits written notice to the code enforcement officer that the finding of the animal being dangerous is disputed, then such owner may present evidence supporting their dispute to the city governing body at its next regularly scheduled meeting, and until such evidence is presented, the animal deemed dangerous must be secured within the owner’s dwelling and can only be allowed outside if secured by a leash. Notice as herein provided shall not be required where such dangerous animal has previously caused serious physical harm or death to any person or has escaped and is at large in which case the city code enforcement officer, or such person as the code enforcement officer  shall authorize, shall cause the animal to be immediately seized and impounded, according to the provisions of section 2-111 or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.

(c)   Seizure and Impounding of Dangerous Animals. The city code enforcement officer, or such person as the city clerk shall appoint forthwith, may cause to be seized and impounded any dangerous animal, where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to section 2-107(b). Upon seizure and impoundment, the animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals. The city code enforcement officer shall be empowered in his or her discretion to order impoundment or examination of any animal suspected of having rabies to determine if it does in fact have rabies. No person shall refuse to surrender any animal for quarantine when demand is made by the order of the city code enforcement officer. If the animal dies or is killed, a laboratory examination of the head shall be made.

(d)   Authority to Immobilize. If, during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the city code enforcement officer may render the animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then the animal may be killed.

(e)   Costs for Impounding. Any reasonable costs incurred by the city in seizing, impounding, confining or disposing of any dangerous or wild animal, pursuant to the provisions of this section shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the city clerk.

(f)   Violations of this Section. Any person violating or permitting the violation of any provision of this section shall upon conviction in municipal court be punished as set forth in the penalty section of this article. In addition, for a violation of this section, the court shall order the registration of the subject animal revoked and the animal removed from the city. Should the owner, keeper or harborer (defendant) refuse to remove the animal from the city then the municipal court judge shall find the defendant in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and witness fees or other costs of testimony necessitated by the enforcement of this section.

(Ord. 904, Sec. 8; Code 2009; Ord. 2264, Sec. 2)

The provisions of section 2-107 of this article are not applicable to owners, keepers or harborers of pit bull dogs registered with and licensed by the city as of April 1, 2009. The continued keeping of such dogs shall, however, be subject to the standards set forth in this section.

(a)   Leash and Muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(b)   Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top and bottom attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure. If the enclosure does not have a bottom or floor attached to the sides of the pen, then the sides of the pen must be embedded into the ground at a depth of not less than two feet. All such structures erected to house pit bull dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(c)   Confinement Indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

(d)   Signs. All owners, keepers or harborers of registered pit bull dogs within the city shall display in a prominent place on their premises a sign easily readable by the public using the words Beware of Dog. In addition, a similar sign is required to be posted on the kennel or pen of such animal.

(e)   Insurance. All owners, keepers or harborers of registered pit bull dogs must provide proof to the city clerk of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or persons or for damage to property owned by any person or persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days prior written notice is first given to the city clerk.

(f)   Identification Photographs. All owners, keepers or harborers of registered pit bull dogs must provide to the city clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.

(g)   Reporting Requirements. All owners, keepers or harborers of registered pit bull dogs must report the following information in writing to the city clerk within 10 days of the occurrence of the same:

(1)   The removal from the city or death of a registered pit bull dog;

(2)   The birth of offspring of a registered pit bull dog;

(3)   The new address of a pit bull dog owner should the owner move within the corporate city limits.

(h)   Sale or Transfer of Ownership Prohibited. It is unlawful for any person to sell, barter or in any other way dispose of a pit bull dog registered within the city to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the city.

(i)    Offspring of Registered Animals. All offspring born of pit bull dogs registered within the city must be removed from the city within six weeks of the birth of such animal.

(j)    Irrebuttable Presumptions. There shall be an irrebuttable presumption that any dog registered with the city as a pit bull dog or any of those breeds prohibited by section 2-108 of this article is in fact a dog subject to the requirements of this section.

(k)   Failure to Comply. It shall be unlawful for the owners, keepers or harborers of a pit bull dog registered with the city to fail to comply with the requirements and conditions set forth in this section. Any dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city.

(Ord. 904, Sec. 9)

The city clerk is hereby authorized to issue kennel licensees to qualified applicant who are approved by the planning commission and the governing body. Each such license shall be subject to the continuing compliance by the person holding the license with the requirements of this section and of section 2‑102.

(a)   Conditions and Restrictions. The following requirements shall be applied to and enforced within all approved kennels within the city:

(1)   All kennels shall be located at least 660 feet from any residential district or any residence not located on the property.

(2)   The minimum lot size shall not be less than four acres with a minimum frontage of 400 feet on an improved road.

(3)   No kennel buildings or runs shall be located nearer than 150 feet to any interior property lines except that the board of zoning appeals may reduce the 150 foot requirement if specific site conditions justify it.

(4)   Provisions shall be made for sanitary disposal of all animal waste resulting from the operation.

(5)   Operator or owner must possess a kennel operator certificate of registration from the commission of the Kansas Animal Health Board where applicable.

(6)   The operator must submit a copy of the state certificate to the city clerk.

(7)   All applications must be accompanied by a site plan indicating the location of the kennel buildings, runs, the dimensions of the site, and the location of any other buildings or pertinent features on the site.

(b)   Kennel License Fee. The city clerk is hereby authorized to issue a kennel license and collect a kennel license fee. The annual kennel license fee shall be $50, renewable on July 1st of each year. The city clerk is also authorized to prorate the license fee to correspond to the date of issuance relative to the annual renewal date of July 1st. The payment of such fee is in addition to and not in lieu of other animal license fees.

(c)   Kennel License Issuance. 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 administrator 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 signed written protest against the kennel, the city clerk may issue a renewal of an existing kennel license for use at the same location as described in the original license without any report from the animal control officer and zoning administrator. If the animal control officer or the zoning administrator 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.

(d)   Right to Inspect. The animal control officer, the zoning administrator, 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 license shall constitute consent to such entry and inspection.

(e)   Suspension and Revocation. 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 in violation of the kennel conditions and restrictions defined above.

(3)   The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(f)   Enforcement of Section. The provisions of this section shall be enforced by police officers and animal control officers.

(Ord. 904, Sec. 10)

(a)   It is unlawful for the owner, keeper or harborer of any dog to permit any such dog to run at large within the city; provided, that any dog confined to the private premises of the owner, keeper, or harborer, or led by a chain, strap or rope by some person in charge of such dog, shall not be deemed to be running at large within the provisions of this article. Dogs confined to the private premises of the owner, keeper, or harborer by an electronic fence or an electronic collar, shall not be permitted to be nearer than 10 feet away from any public sidewalk or property line that is contiguous to neighboring property. In addition, dogs are prohibited from being confined by an electronic fence or an electronic collar in the “front yard” (as defined by the City’s Zoning Regulations) of an owner’s, keeper’s or harborer’s property. All owners, keepers or harborers of dogs who use an electronic fence shall clearly post their property to indicate to the public that a dog is confined to the property by an electronic fence or electronic collar.

(b)   Any dog upon public school grounds, public park land, and in the central business district must, at all times, be on a leash physically under the control of its keeper.

(Ord. 904, Sec. 11; Ord. 2215, Sec. 2; Code 2009)

(a)   Establishment of Pound. There shall be as is hereby established a pound to be located upon property owned by the city, or at any other place as may be designated by the governing body of the city for the purpose of impounding and keeping dogs or cats collected by the city, its agents and employees.

(b)   Impounding. It shall be the duty of the animal control officer immediately to take into custody and impound any dog found running at large in the city contrary to ordinance or any cat deemed by the animal control officer to constitute a hazard or a nuisance to persons or property.

(c)   Redemption Procedure and Fees. If taken into custody and impounded, the dog or cat shall be kept for three days, and if claimed by any person, shall be delivered to such claimant upon satisfactory proof that he or she is the owner or is entitled to possession thereof and upon the payment of fees and charges set forth by the City’s annual Fee Resolution.

(d)   License Required as Condition of Release. If any dog or cat which does not have a license tag for the current year properly displayed or available as herein provided shall be claimed, the owner or claimant shall, in addition, pay the tax then due and secure a license from the city clerk as provided by this article, or shall obtain a duplicate license as the case may be.

(e)   Failure to Redeem. If any person fails to claim any dog or cat impounded pursuant to this section within three days of the impounding of such animal, such dog or cat may be killed in a humane manner, may be sold by the animal control officer for any reasonable sum and the proceeds paid into the city general fund, or may be adopted by the animal control officer in compliance with Kansas statutes.

(f)   Return to Owner; Other Disposition. Any dog or cat taken into custody pursuant to this article, which is carrying a metal tag for the current tax year may be returned to the registered owner of the dog or cat if claimed, upon payment of the redeeming fee and impounding fee hereinbefore provided, and if not, the dog or cat may be disposed of as in other cases.

(g)   Breaking Pound. It is unlawful for any person other than a duly authorized animal control officer to break open or attempt to break open the pound, or to take or let out any dog or cat placed therein by an officer of this city, or take or attempt to take from an officer of this city, any dog or cat taken up by him or her under the provisions of this article or in any manner interfere with or hinder any officer of this city in catching or taking up any dog or cat.

(h)   Devices or Methods of Catching Animals. It is not unlawful for any animal control officer as defined herein to use any device, rope, net or enticement now devised or hereafter devices or any other method, including serum guns to enforce this section and take custody of the subject animal so long as such method is humane.

(Ord. 904, Sec. 12; Ord. 1046, Sec. 1; Code 2009)

(a)   Order to Muzzle. Whenever the mayor of the city upon the advice of the animal control officer, shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs kept within the city to be effectively muzzled for such length of time as may be specified in such order, so as to effectively prevent them from biting or injuring persons or animals, and such order shall be published in the official city newspaper for such length of time as he or she may direct.

(b)   Noisy Dogs. It is unlawful for the owner of any dog to carelessly, willfully or maliciously permit such dog to cause a disturbance of the peace or permit such dog to howl or bark so as to constitute a disturbance of the peace.

(c)   Exceptions to Vicious Dog.

(1)   No dog may be declared vicious if any injury or damage is sustained by a person who at the time such injury or damage was sustained was:

(A)  Committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, except that entering into or upon an unfenced front yard shall not constitute a willful trespass for purposes of this exception.

(B)  Was teasing, tormenting, abusing or assaulting the dog; or

(C)  Was committing or attempting to commit a crime.

(2)   No dog may be declared vicious if any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was:

(A)  Teasing, tormenting, abusing or assaulting the dog; or

(B)  If the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(d)   Right of Entry. The animal control officer, the zoning administrator, or any law enforcement officer or other duly appointed agent for the city shall have the right to enter and inspect any premises located in the city for the purpose of enforcing the provisions of this section. Ownership, keeping and/or harboring any animal shall constitute consent to such entry and/or inspection.

(e)   Feeding or Watering Animals “At Large”. It shall be unlawful for any person to provide food or water to any animal fitting within the definition of “At Large” as defined by Section 2-101(c) of Article 1 of Chapter II of this Code.

(f)   Waste Receptacle Required. For anyone riding or otherwise being in control of a horse, mule, donkey, or other Large Animal (as defined in Section 2-101 hereof) on public property (to include, but not be limited to, city parks [unless otherwise exempted], streets, sidewalks, alleys, right-of-way, etc.), they are responsible for ensuring said animal is equipped with a receptacle specifically designed and manufactured for the purpose of catching feces emitted from a Large Animal. Failure to have such animal so equipped will subject the person in control of the animal to be issued a citation in municipal court in accordance with Section 2-117 of Article 1 of Chapter II of this Code. 

(Ord. 970; Code 2009; Ord. 2264; Ord. 2365)

(a)   Dog and Cat Bite Quarantine. Upon receipt of notification from the city clerk or a duly licensed practitioner of medicine or registered nurse or animal control officer that a dog or cat bite incident has occurred and been confirmed by one of the four foregoing individuals, it shall be the duty of the animal control officer or his or her agent duly authorized to contact the owner, keeper or harborer of the dog or cat involved in the incident and advise him or her to place the dog or cat immediately with a regularly licensed and practicing veterinarian of the owner’s choice for a confinement of not less than 10 days or more than 15 days from the time of the occurrence of the bite. The exact period of confinement shall be at the discretion of the veterinarian selected and the owner shall be liable for all such costs incurred.

(b)   Violation; Penalties. Any owner, keeper or harborer who shall fail to comply with the provisions of this section shall be deemed guilty of a misdemeanor punishable as hereinafter provided in section 2-117 and the animal control officer shall, upon violation, take such dog or cat into custody and commit it for the above described confinement period.

(c)   Confinement. Animals who have been described on a bite report shall be confined according to the following guidelines:

(1)   Owner Located. Such animal shall not be killed, but shall be confined in such a way and for such a period of time as the city clerk shall direct. No person shall release from confinement any such animal or remove such animal from its place of confinement to another place without the consent of the city clerk. The confinement of the animal shall be at the expense of the owner or custodian of such animal, and the city clerk shall be empowered in his or her discretion to order impoundment or examination of such animal, or both, to determine whether it may have rabies. No person shall refuse to surrender any animal for quarantine when demand is made by the order of the city clerk. If the animal dies or is killed, a laboratory examination of the head shall be made.

(2)   Owner Not Located. Biting dogs or cats for which the owner, keeper or harborer cannot be located shall be taken into custody by the animal control officer and confined for a minimum period of 10 days and a maximum period of 15 days from the time of the occurrence of the bite. Should such animal become ill or die within such period, the health officer shall be notified and his or her instructions followed for further management. If such dog or cat is alive and well at the end of the confinement period, the dog or cat shall become the property of the city.

(d)   Duty to Report. When any animal subject to rabies has bitten or attacked any person, or when an animal is suspected of having rabies, it shall be the duty of any person having knowledge of such facts to report the same immediately to the city clerk. Such report may be made at city hall.

(Ord. 904, Sec. 14)

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this article.

(Ord. 904, Sec. 15)

It is unlawful for any person to own, keep or harbor any livestock, domestic animals, exotic animals, or large animals in any area of the city that is zoned for residential use except as provided herein:

(a)   One horse or pony shall be permitted for every two acres or more on land zoned R-O within the city.

(b)   One cow, steer or bull shall be permitted for every two acres or more on land zoned R-O within the city provided that the land is more than five acres in total size.

(c)   It is unlawful for any person to house more than three dogs or three cats or combination of dogs and cats which total more than three on any real property located within the city limits.

(d)   It is lawful for any person to own, keep or harbor within the city limits any exotic animals commonly sold in pet stores and which can be wholly contained in a household aquarium or terrarium such as laboratory rodents, common cage birds, captive bred species of ferrets, insects, and aquatic animals and reptiles or amphibians.

(e)   Animals classified in this code as domestic animals, large animals or livestock, fowl or fish that are commonly raised in an agricultural or farm-like setting for subsistence or commercial purposes on property within the City that is zoned as R-A Rural Agriculture and greater than 10 acres in size.

(f)   Fowl, as defined in this Chapter, may be kept on any tract of land in the City that is at least one acre in size.  Twelve fowl per acre are allowed up to a maximum of 25 fowl. No more than one rooster may be kept per lot or household.  Fowl must be kept in a confined area and not allowed to range freely. Such confined space must be setback at least twenty-five (25’) feet from the property line in a rear yard. No fowl may be kept inside a residence.

(g)   One Juliana Breed pig shall be permitted on any real property within the city that is used as a residence but such permission is conditioned on the following requirements:

(1)   It weighs less than 65 pounds;

(2)   It is not used for breeding purposes;

(3)   It is tested free of Pseudorabies;

(4)   It is not for a food source;

(5)   It will not be allowed to make disturbing noises or utterances causing unreasonable annoyance, disturbances or discomfort to neighbors and others in close proximity to the premises where the pig is kept, or otherwise be offensive or dangerous to the public health, safety or welfare by virtue of its behavior, type or manner of keeping;

(6)   That the keeping of the pig will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the pig is kept or harbored;

(7)   A special animal permit for keeping the pig needs to be obtained from the city on an annual basis, and a new permit  will need to be filed any time the pig is lost or replaced and the city is to be notified when the permit is no longer needed.

(8)   The City Clerk shall deny or revoke any permit where the applicant fails to show proof of the aforementioned requirements or upon an investigation by the city code enforcement officer which reveals that, in the opinion of the code officer, the applicant has failed to meet the requirements of this section. The code officer shall submit a written report of his investigation, stating the factual basis for his recommendation to deny or revoke any permit, and as part of such investigation will consider the comments of neighbors, past violations by the applicant, the size, condition and location of the area where the pig will be kept, the size of the pig, past complaints concerning the applicant, or any other factors relative to the issue of keeping Juliana breed pigs.

(9)   Sections 2-107, and 2-110 through 2-113 of Article 1 of Chapter II of the City Code, all of which apply to dogs, shall be construed as also applying to any pigs kept within the city pursuant to this Section.

(Ord. 967; Code 2009; Ord. 2264; Ord. 2350)

It is made the duty of the several police officers and the animal control officer as herein defined to enforce the provisions of this article. Any animal control officer appointed pursuant to the provisions of this article is hereby specifically authorized to issue notices to appear to persons observed to be in violation of the terms hereof.

(Ord. 904, Sec. 17)

Any person violating or permitting the violation of any provisions of this article shall upon conviction in municipal court and, in addition to individualized penalties set forth in the sections above, be fined a sum not more than $1,000. 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. Each day that a violation of this article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all costs and expenses including shelter, food, handling, veterinary care, court costs and witness fees or other costs of testimony necessitated by the enforcement of this article.

(Ord. 904, Sec. 19)