(a) Animals – means all vertebrate and invertebrate animals such as, but not limited to, bovine cattle, horses and other equines, hogs, goats, dogs, 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.
(b) 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.”
(c) Cat – means any member of the species felis catus, regardless of sex.
(d) Dog – means any member of the species canis familiars, regardless of sex.
(Ord. 321; Code 2018)
No person, firm or corporation shall permit any animal to run at large within the corporate limits of this city.
(Code 2018)
(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 article. Any person employed by the city as an animal control officer shall have such powers and authority as allowed by the law in the enforcement of this article. All animal control officers shall be subjected to the supervision and direction of the mayor of the city.
(b) Except as provided in the 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 article.
(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, harbored or keeper of an animal in violation of this chapter, and the person receiving the citation shall appear in municipal court of the city to answer the charged violation. Said citation, when signed by a control officer, need not to be subscribed before the municipal judge.
(Code 2018)
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 offices 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 firearms or other suitable weapons to destroy and rabid animal, any vicious animal or any animal creating a nuisance, when such animal is impossible or impractical to catch
(Code 2018)
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.
(Code 2018)
(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 place 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 nay 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 2018)
If the owner of any animal shall apply for or pay the animal control officer the costs, charges and expenses incurred under the provisions of this article and prove the ownership thereof to the satisfaction of the animal control officer at any time before the sale of such animal, the animal control officer shall release such animal to the owner.
(Code 2018)
(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) The city shall be entitled to receive from such owner a fine in the amount of $15 for impounding for the first offense, plus the cost of keeping the animal; $25 impound fee for the second offense plus the cost of keeping the animal and $35 impounding fee for the third and each subsequent offense thereafter plus the cost of keeping the animal.
(c) In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal control 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 shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within 5 business days from the date of the notice, that the animal will be disposed of or sold.
(Code 2018)
Cruelty to animals, as defined and prohibited by K.S.A. 21-4310, is hereby prohibited within the city.
(Code 2018)
It shall be unlawful to any person to keep or maintain any hogs, pigs, swine, horses, cattle, sheep or goats and any other farm animals, and fowl and rabbits within the corporate limits of the city, without first obtaining a permit therefore from the governing body of said city.
(Code 2018)
Any person desiring to keep or pasture any hogs, swine, horses, cattle, sheep or goats or any other farm animals, and fowl and rabbits, within the city, shall file an application with the city clerk for permission therefore and the city clerk shall thereupon deliver said application to the animal control officer who shall check the place that said animals are to be kept or shall have the same checked by a designated employee and shall make recommendations to the governing body with said application at the next regular meeting. That if the governing body finds that the keeping of said livestock as set out in the application and the manner of the keeping of the same shall not be offensive, or a nuisance or unsanitary, they shall issue a permit thereof and supply therein the conditions and manner in which such livestock may be kept on the location set out in the application.
(Code 2018)
That if a permit is denied, a person having livestock shall remove the same from said city within 10 days after notice has been given to them that their permit has been denied.
(Code 2018)
If at any time the animal control officer shall find that any person to whom a permit has been issued for the keeping of livestock is keeping the same in an offensive or unsanitary manner, or detrimental to the health of the people in the neighborhood or the people of the city, he shall revoke the permit issued to said person, but no such permit shall be revoked until after a 10 day notice of revocation is given to the person holding such permit. Said notice shall give the party an opportunity for a hearing before the city council in which the party may appear.
(Code 2018)
No person shall cause or permit any animal to be picketed upon any public street or alley or upon any public grounds within the city.
(Code 2018)
Vicious animal as used in this article shall mean and include.
(a) Any animal which by virtue of its breeding, training, characteristics, behavior or other factors the owner or custodian thereof knows or has reason to know has a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of humans, dogs, cats, and other domestic animals;
(b) All poisonous animals including rear-fang snakes;
(c) Any warm blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to nonhuman primate, raccoons, skunks, foxes and wild or exotic cats).
(Code 2018)
It shall be unlawful to keep, harbor, own or in any way possess within the city, any vicious animal which either.
(a) Attempts to attack, bite or otherwise do bodily harm to a human, dog, car or other domestic animal; or
(b) Attacks, bites, or otherwise does bodily harm to a human, dog, cat or other domestic animal.
(Code 2018)
Any person harboring any animal in such a way as to create a nuisance shall be deemed guilty of maintaining a public nuisance.
(Code 2018)
A person who has been convicted of violation of Section 2-116 may be sentenced to a fixed term of confinement in the county jail not to exceed 30 days. In addition to or instead of confinement, any such person may be sentenced by the court to pay a fine not exceeding $500. Any person convicted of violation of Section 2-116 also may be ordered by the court to make full or partial restitution to any individual who has suffered bodily injury or injury to any of their dogs, cats and other domestic animals as the result of an attack by such persons’ vicious animal.
(Code 2018)
(a) Any public health officer, law enforcement officer or licensed veterinarian, or any officer or agent of a duty incorporated humane society, may take into custody any animal suspected of being kept by its owner or custodian in violation of Section 2-116. When a law enforcement agency takes custody of such animal, the agency may place the animal in the care of a duly incorporated humane society or licensed veterinarian for boarding, treatment or such other case deemed necessary.
(b) Any vicious animal kept in violation of Section 2-116 may be ordered by the court destroyed in a humane manner when, in the court’s judgement, such vicious animal represents a continuing threat of serious harm to human, dogs, cats, and other domestic animals. If the court does not order destruction of the animal, the court shall allow the owner or custodian thereof no more than 48 hours to remove the animal from the city. Failure to remove such animal within the time allowed by the court shall constitute a separate violation of Section 2-116.
(c) Any person convicted of a violation of Section 2-116 shall be assessed as costs all expenses for the care, treatment, boarding or other expenses necessitated by the seizure of any animal for the protection of the public, including all expenses for the humane destruction of such animal by order of the court.
(Code 2018)
No person or persons shall keep or use any year, pen, lot of place on his or her premises, or premises under his or her control, within the city, in or upon which any number of dogs or other animals may be kept in such manner as to constitute a public nuisance or to endanger the health of the inhabitants of the city.