CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 3. Animal Control and Enforcement

Article 3. Animal Control and Enforcement

It shall be unlawful for any person who owns, keeps or harbors, any animal, to permit the same to run-at-large within the City.

(Ord. 675)

It shall be the duty of the public safety officers or the control officer or designated agent to capture or take into custody and impound all animals at large within the City. If the animal so running-at-large cannot be captured by the officer and represents a threat to persons or other animals it shall be lawful for the officer to kill any such animal by any available means.

(Ord. 675)

It shall be the duty of the public safety officers, or the control officer or designated agent, to take into custody and impound all dogs or cats found in the City which are not provided with or wearing a license tag for the current year, as required by Section 2-201. A license tag for the year immediately preceding the current year will remain in effect until April 1 of the current year.

(Ord. 675)

When an animal is found to be in violation of Sections 2-301 or 2-303 and the owner can be identified, the control officer or public safety officer may in addition to/in lieu of, the impoundment provided for under Section 2-303, issue to the known owner, a notice to appear for violation of this Article, in the same manner as notices to appear are given in traffic violations cases as set out in other Sections of this Code.

(Ord. 675)

Any animal impounded under Section 2-302 or 2-303 shall be placed in the City animal shelter or other designated place. After a minimum of 3 days of custody from the time of such taking up, if no person  has appeared to claim such animal and paid to the City the cost as hereinafter provided in connection with taking up and impounding such animal, the animal impounded shall become the property of the local government authority and shall be placed for adoption in a suitable home or humanely euthanized. Provided that all stray animals or animals found running at large and taken up by the public safety officers, control officer or designated agent, shall be held and disposed of in accordance with the laws of the State of Kansas pertaining to stray animals.

(K.S.A. 47-1710; Ord. 675)

Any person who desired to redeem an animal which has been impounded shall provide reasonable proof of ownership, and shall pay to the City Clerk or designated agent the standard claim fee for such animal plus a standard daily boarding fee for each day or fraction thereof that the animal has been impounded, to cover the expense of feeding and caring for such animal. Such animal shall be delivered to the person upon the payment of the above cost and proof of ownership of a current license, in the case of dogs and cats, under Section 2-201. The governing body shall from time to time establish the amount of the claim fee and daily board fee for all animals as required in this Section.

(Ord. 675)

Any person who desired to adopt an animal remaining unclaimed after the holding period described in Section 2-305 shall pay any standard adoption fee established from time to time by the governing body, and in addition shall comply with Section 2-201, concerning obtaining a current license for the adopted animal, and with State Law concerning spaying or neutering.

(K.S.A. 47-1731; Ord. 675)

It shall be unlawful for any person to break open or attempt to break open the animal shelter or any enclosure used for impounding dogs and cats, or to take or let out any dog or cat placed in such pound or facility by an officer of the City or designated agent, or take or attempt to take from any such officer 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 such officer in the performance of his or her duties hereunder.

(Ord. 675)

It shall be unlawful for any person within the City to keep, own or harbor any animal which is a public nuisance as determined by the control officer.  Failure to abate such nuisance within five days from date of written notification by the control officer will be deemed to be a violation of this chapter.

(Ord. 675)

K.S.A. 47-1701 to 47-1737, an act relating to animals providing for the licensing of animal dealers, the registering of pounds, the registering of animal shelters, the licensing of pet shop operators and animal dealers prescribing the powers and duties of the livestock commissioner; declaring certain acts to be unlawful and prescribing penalties for the violation thereof is hereby incorporated by reference as if set out in full herein.

(Ord. 675)

The governing body may from time to time designate a licensed veterinarian to act as an agent for the City under any of the applicable Sections of this Article.

(Ord. 675)

Any person, firm or corporation violating any of the provisions of this Article shall, upon conviction thereof, be fined in any sum not less than $30.00 nor more than $100.00 for the first offense and any sum not less than $50.00 nor more than $300.00 for the second offense, and any sum not less than $75.00 nor more than $500.00 for any subsequent offenses.

(Ord. 675)