For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meaning given herein. The word “shall” is always mandatory and not merely directive.

(a)   Animals shall mean all warm blooded vertebrate animals such as, but not limited to bovine cattle, horses and other equines, swine, goats, rabbits, sheep, dogs, cats, chickens, ducks, geese, turkeys, pigeons, and other wild mammals, or birds that have been tamed, domesticated or captivated, but shall exclude small cage birds or aquatic and amphibian animals kept solely as pets.

(b)   Animal Shelter shall mean any facility operated by the City, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

(c)   At Large. An animal shall be deemed to be at large if off the premises of its owner and not under the immediate responsive control of a responsive person.

(d)   City Clerk shall mean the City Clerk of the City, or his or her duly designated and authorized representative.

(e)   Control Officer shall mean any person designated by the City as a law enforcement officer who performs, or supervises the performance of, such duties as required under this Chapter or the laws of the State of Kansas.

(f)    Dangerous Animals shall mean any vicious or dangerous animal, pit bull dog, or any animal or animals that constitute a serious physical threat to human beings or other animals.

(g)   Kennel shall mean premises wherein an owner has more than three dogs or three cats or any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

(h)   Livestock shall include the following animals: bovine cattle, horses and other equine, swine, goats, sheep and fowl such as, but not limited to, chickens, geese, ducks and turkeys.

(i)    Minimum Age shall mean an animal not more than four (4) months of age.

(j)    Owner shall mean any person, partnership, limited liability company or corporation owning, keeping, or harboring one or more animals (an animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more).  For the purpose of this Article, if the owner of an animal(s) is a minor, the parent or guardian of the minor shall be responsible for the compliance with these regulations for that animal(s).

(k)   Pet shall mean any animal kept for pleasure rather than utility.

(l)    Public Nuisance shall mean any animal or animals which:

(1)   Molest passers-by or passing vehicles;

(2)   Attacks person(s) or other animals;

(3)   Trespass on school grounds;

(4)   Is repeatedly at large;

(5)   Damages private or public property;

(6)   Barks, whines or howls in an excessive, continuous or untimely fashion; or

(7)   Deposits excretory matter on property other than that of the owner.

(m)  Wild Animal shall mean any live monkey (nonhuman primate), raccoon, skunk, fox, snake, leopard, panther, tiger, lion, lynx or any other warm blooded animal which can normally be found in the wild state, excluding fowl, ferrets and small rodents.

(n)   Pit Bulldog. A pit bulldog shall mean:

(1)   A Staffordshire bull terrier breed of dog;

(2)   A American pit bull terrier breed of dog;

(3)   A American Staffordshire terrier breed of dog;

(4)   Any dog which as the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or a combination of any of these breeds.

(Code 1990, Ord. 675; Ord. 709; Code 2022)

The control officer or health officer of the City shall have the right at all reasonable times to inspect the premises, pens, stables, buildings or other enclosures where animals are kept. It shall be a violation of this chapter to interfere with the control officer in the performance of his or her duties.

(Ord. 675)

No person shall as owner, lessee or occupant, maintain any stable, shed, pen or other enclosure where any animals are kept closer than 25 feet to the dwelling house of another, or shall permit the same to remain uncleaned as determined by the control officer

(Ord. 675)

It shall be unlawful for any person to:

(a)   Willfully or maliciously kill, maim, disfigure, torture; beat with any object; mutilate, burn or scald with any substance; or otherwise cruelly set upon any animals; except that reasonable force may be employed to drive off dangerous animals;

(b)   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.

(c)   Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as hereinafter provided. The municipal court judge may order a person convicted of a violation of this subsection to turn the animal involved over to a designated humane society or animal shelter. All such animals taken by the designed agency may be destroyed humanely as soon thereafter as is conveniently possible. This Section shall not be construed to include veterinary hospitals or animals under active veterinary care;

(d)   Sell or offer for sale, barter, give away, or sue as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, except pigeons, under two (2) months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this Section, which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color; provided, however, that this Section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection; in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;

(e)   Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purposes of injuring, killing, maiming, or destroying themselves or any other animals;

(f)    Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal;

(g)   use, place, set out or deploy any above ground animal trap that will damage or injure any animal when caught by the device or trap.

(Ord. 675)

No person shall breed or permit the breeding of any animal in public view within the City. Every female dog or cat in heat shall be confined by the owner in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal, except for planned breeding.

(Ord. 675)

Any public safety officer or control officer may take up, upon private or public property, any animal which has bitten a person or another animal. Impoundment, examination, and confinement periods as are necessary to protect human and/or other animals shall be as set out in written administrative regulation covering biting animals. All fees or cots relating to impoundment, observation, and/or testing shall be paid by the animal owner, or in cases where the animal owner cannot be found, then by the bite victim. The failure of such owner and/or victim to pay such required fees shall subject such owner and/or bite victim to the penalty provided under Section 2-109.

(Ord. 675)

Quarantine of animals bitten by a known or suspected rabid animal shall take place as follows:

(a)   Stray, unclaimed or unwanted domestic animals shall be sacrificed immediately.

(b)   Wild animals, whether owned or unowned, shall be sacrificed immediately.

(c)   Owned, wanted dogs and cats which are not immunized against rabies shall be quarantined for six months under conditions satisfactory to the animal control officer. These animals shall be immunized against rabies one month before release from quarantine;

(d)   Owned, wanted dogs and cats which, in the judgment of the animal control officer, are properly immunized against rabies, shall be immediately re-immunized and quarantined for 90 days.

(e)   All fees, costs and boarding expenses under this Section shall be a the expense of the owner of any such animal and the failure of such owner to pay such sums shall subject such owner to the penalty provided under Section 2-109 of this Article.

(Ord. 675)

The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal(s) on public right-of-way, recreation areas or private property.

(Ord. 675)

Any person 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 any subsequent offenses.

(Ord. 675)