The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Animal Shelter – means any premises designated by city administrative authority for the purpose of impounding and caring for animals held under authority of this chapter.
(b) Exposed to rabies – means an animal which has been bitten by or subjected to danger, attack or harm by an creature known to have been infected with rabies.
(c) Owner – means any person owning, keeping, possessing or harboring any animal, or any person operating a kennel.
(d) Reserved.
(e) Secure enclosure or secure six-sided enclosure – shall mean 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 embedded in the ground no less than two feet. The secure enclosure must be at least three feet from any public sidewalk or street. The secure enclosure 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 be adequately lighted and ventilated and kept in a clean and sanitary condition.
(f) Vicious – means a cross, ferocious or dangerous disposition or a habit, tendency or disposition to snap, attack or bite any person or other animal.
(Ord. 2008-18; Code 2012; Ord. 2018-05)
The judge of the municipal court of the city shall, upon a conviction of any section in this chapter, other than section 2-108, sentence the owner, harborer or possessor of such animal as follows:
(a) Fine. A fine of not less than $1 nor more than $499; or
(b) Imprisonment. Imprisonment in the city jail for not more than 179 days; or
(c) Both fine and imprisonment. Both fine and imprisonment not to exceed subsections (a) and (b).
(Ord. 2008-18; Code 2012)
If a person is convicted of a violation of a section in this chapter and the animal was transported by the city police department or animal control officer to an animal shelter, then the judge of the municipal court shall impose and collect from the defendant, the costs of handling and transportation of the animal.
(Ord. 2008-18; Code 2012)
(a) It shall be unlawful for any person to:
(1) Abandon or leave any animal in any place without making provisions for its proper care; or
(2) Have physical custody of any animal and fail to provide such food, water, opportunity for exercise or other care as is needed for the health or well being of such animal.
(3) Have custody of an animal, as owner or otherwise, and fail to provide such animal with necessary protection from the elements as set forth below:
(A) Shelter from sunlight. When sunlight is likely to cause overheating, serious bodily injury or death of the animal, sufficient shade shall be provided to allow the vertebrate animals kept outdoors to protect themselves from the direct rays of the sun.
(B) Shelter from cold weather. Housing facilities shall be provided for all dogs and cats kept outdoors when the atmospheric temperature falls below 40 degrees Fahrenheit. Such structure shall be provided with a sufficient quantity of suitable bedding materials, consisting of hay, straw, cedar shavings or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. Such shelter shall be so constructed to keep the animal dry and retain sufficient body heat to prevent serious bodily injury or death of the animal.
(4) Attach chains or other tethers, restraints or implements directly to a dog 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.
(b) It shall be unlawful for any person to:
(1) Use a tether or any assembly or attachments thereto to tether a dog that shall weigh more than 1/8 of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area tethered; or
(2) Tether a dog on a choke chain or in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other man made or natural obstacles; or
(3) Tether a dog 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; or
(4) Tether a dog in an open area where it can be teased by persons or an open area that does not provide the dog protection from attack by other animals; or
(5) Tether an animal 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.
(6) The following definitions apply to words used in this section:
(A) When uses as a verb, “tether” or “tethering” shall mean fastening a dog to a stationary object, pulley run line or a stake.
(B) When used as a noun, “tether” or “tethers” shall mean a chain, leash, rope, cable, chain, string, leather or nylon strap, or any other material used to fasten a dog to a stationary object, pulley run line or a stake.
(c) Any public health officer, law enforcement officer or licensed veterinarian, or any officer or agent of any animal shelter or other appropriate facility, may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined in subsections (a) or (b). Such officer, agent or veterinarian may inspect, care for or treat such animal or if it appears, as determined by an officer of such animal shelter or by such veterinarian, that the animal is diseased or disabled beyond recovery for any useful purpose, the humane killing thereof.
(d) The owner of an animal killed pursuant to subsection (c) shall not be entitled to recover damages for the killing of such animal unless the owner proves that such killing was unwarranted.
(e) Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to subsection (c) of this section, pending prosecution of the owner of such animal for the crime of cruelty to animals, as defined in subsections (a) and/or (b), shall be assessed to the owner as a cost of the case if the owner or custodian is adjudicated guilty of such crime.
(f) If a person is adjudicated guilty of the crime of cruelty to animals, as defined in subsections (a) and/or (b) of this section, and the court is satisfied that an animal owned or possessed by such person would be in the future subjected to such crime, such animal shall not be returned to or remain with such person. Such animal may be turned over to an animal shelter or licensed veterinarian for sale or other disposition.
(K.S.A. 21-4310, K.S.A. 21-4311; Ord. 2008-18; Code 2012)
(a) It shall be unlawful for any person to possess, display, sell or to give away any ducklings, chicks, fowls or rabbits as pets, playthings, novelties, gifts, for advertising or sales promotional purposes, or to suffer or cause such animals or fowl to be dyed, colored or in any way artificially treated.
(b) This section shall not be construed to prohibit the display by hatcheries, stores, owners, dealers or persons regularly and continuously engaged in the business of selling such animals or fowl to be raised for food; but no hatcheries, stores, owners, dealers or persons shall sell or give away baby chicks, ducks, fowls or rabbits as pets, playthings or novelties, nor shall they suffer or cause such animals or fowl to be dyed, colored or in any way artificially treated.
(Ord. 2008-18; Code 2012)
(Ord. 2012-01; Code 2012; Ord. 2015-06; Ord. 2018-05)
(a) Keeping, maintaining, etc. Except as allowed by subsection (d), 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) Selling, trading. Except as allowed by subsection (d), 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) Buying, accepting in trade. Except as allowed by subsection (d), 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) Domestic hoofstock;
(4) Rodents;
(5) European ferrets;
(6) Rabbits;
(7) Birds, except for ostriches, emus, rheas and cassowaries;
(8) Nonvenomous snakes less than eight feet in length;
(9) Nonvenomous lizards, except all species of monitor lizards shall be prohibited;
(10) Turtles, except snapping turtles;
(11) Amphibians;
(12) Fish;
(13) Invertebrates.
(e) Exemptions.
(1) The prohibitions in subsection (a) – (c) shall not apply to bona fide zoos, as defined by the American Association of Zoological Parks and Association of Zoological Parks and Aquariums.
(2) The prohibitions in subsection (a) shall not apply to bona fide:
(A) Medical institutions;
(B) Post-secondary educational institutions;
(C) Veterinary clinics in possession of the animals prohibited under this section.
(D) Circuses, if properly licensed by the city.
(E) Carnivals, if properly licensed by the city.
(F) Persons designated and licensed as animal rehabilitators by the state fish and game commission.
(G) Persons listed in subsections (e)(B)(1)-(6) who are temporarily transporting such animals through the city, 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 and institutions listed in subsection (e) 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 and sanitary condition 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.
(g) Licensing. All persons and institutions listed in subsection (e) 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. 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 of the city may order the owner, harborer, keeper or possessor to destroy or remove from the city any animal prohibited under this section.
(Ord. 2008-18; Code 2012; Ord. 2018-05)
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 an approved pest control firm or company upon the issuance of a permit by the police department; provided, however, that rats, mice and like rodents infesting any private premises may be controlled and destroyed at any time without a permit.
(Ord. 2008-18; Code 2012)
(a) The animal control officer shall investigate each case of any animal reported as being vicious and, if probable cause exists to believe the animal is vicious, shall seize and impound such animal unless the owner agrees to impound the animal at the owner’s expense at a licensed veterinarian that can be verified by the city until the conclusion of any pending municipal court charge regarding the animal. Impoundment expenses shall be assessed as court costs against a convicted owner.
(b) The owner shall report immediately to the public health officer any animal, which has actually bitten or scratched any person, regardless of the circumstances involved.
(c) Prohibited. It is unlawful for any owner, harborer, keeper or possessor who keeps any animal within the city limits to allow the following, and the same are declared to be public nuisances and prohibited:
(1) To permit such animal to attack or bite any person or animal that is not upon the premises of the owner, harborer, keeper or possessor.
(2) To permit such animal to attack or bite any person or animal that is upon the premises of the residence of such owner, harborer, keeper or possessor. It shall be an affirmative defense to this subsection (c)(2) that the use of such animal to attack or bite any person was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery, criminal trespass or theft upon such property.
(3) To permit such animal kept by such owner, harborer, keeper or possessor within or upon the premises of any business establishment to attack or bite any person or animal upon such premises. It is an affirmative defense to this subsection (c)(3) that the use of such animal to attack or bite any person was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery, criminal trespass or theft upon such property.
(d) Exceptions. The provisions of subsection (c) shall not apply to any law enforcement officer who uses or employs an animal while engaged in law enforcement activities, nor to any owner, harborer, keeper or possessor of any animal which attacks or bites a person engaged in physically attacking or striking such owner, harborer, keeper or possessor.
(e) Complaint and notice to appear.
(1) Any person who witnesses or has other personal knowledge that an act made unlawful by the provisions of this section has been committed in violation of such provisions may sign a complaint against the alleged violator.
(2) Any police officer, reserve police officer or animal control officer of the city is authorized to issue a uniform complaint and notice to appear to any person when such officer personally observes a violation of the provisions of this section or when information is received from any person who has personal knowledge that an act or acts which are made unlawful by the provisions of this section have occurred.
(f) Reserved.
(g) Punishment. Upon a first conviction of a violation of this section, a person shall be fined not less than $250 nor more than $499. The person convicted must pay at least $250 before the person is granted suspension or reduction of sentence. On a second or subsequent conviction of a violation of this section within seven years of the most recent conviction, a person shall be sentenced to not less than five days’ imprisonment nor more than 30 days’ imprisonment, and shall be fined not less than $350 nor more than $499. The person convicted must serve at least five days’ imprisonment and pay at least $350 before the person is granted suspension or reduction of sentence.
(h) Destruction of animal. Upon an initial conviction of a violation of this section, the judge of the municipal court of the city may order the owner, harborer, keeper or possessor of such vicious animal to destroy the animal. Upon a second or subsequent conviction, the judge shall order the owner, harborer, keeper or possessor to destroy the animal.
(i) Confinement of animal. Upon conviction of a violation of this section, the judge of the municipal court shall order the owner, harborer, keeper or possessor of such vicious animal to confine such animal in a secure enclosure as defined in subsection 2-101(e). If the owner, harborer, keeper or possessor takes the vicious animal off the property, the judge shall order the animal to be under the direct physical control of some person by use of a chain, leash or similar device, and the animal shall be muzzled by a caged muzzle. Failure to comply with any such order shall be deemed a violation of this section and subject the violator to the penalties set forth in subsection (g).
(j) Failure of the owner, harborer, keeper or possessor of such animal to comply with the orders of the municipal court within 20 days after conviction shall be punished as contempt of court. Upon the commencement of contempt proceedings against the owner, harborer, keeper or possessor of such animal, the municipal court shall issue an ex parte order directing animal control officers to seize the animal, which shall be held and shall not be released until the conclusion of the contempt proceedings.
(K.S.A. 21-3418; Ord. 2008-18; Code 2012; Ord. 2018-05)
(a) More than one animal prohibited. It shall be unlawful for any person to confine, harbor, keep or maintain more than one animal on property uninhabited by humans within the city limits.
(b) Exceptions. The prohibition of this section shall not apply to bona fide:
(1) Zoos, as defined by the American Association of Zoological Parks and Association of Zoological Parks and Aquariums;
(2) Medical Institutions;
(3) Educational Institutions;
(4) Licensed veterinary clinics;
(5) Animal shelters;
(6) Persons or households engaged in the commercial business of buying, selling, training or boarding animals.
(7) Animals maintained on nonresidential commercial properties for security purposes.
(Ord. 2008-18; Code 2012)
(a) It shall be unlawful for any person to put any dead animal in any street, avenue, alley or other public place in the city and it shall be the duty of the owner, possessor and all persons having knowledge of any dead animal in the city to immediately report it to the city clerk, giving the kind of animal and the place where such animal may be found.
(b) It shall be the duty of the animal control officer, immediately upon the receipt of a report under this section, to remove or provide for the removal of the dead animal.
(K.S.A. 47-1201; Ord. 2008-18; Code 2012))
(a) Defined. For purposes of this section, the term “animal fighting” means any fight or wrestling match between cocks or other birds, between dogs, bulls, bears or any other animal, or between any such animal and a person, except at exhibits sponsored by licensed rodeos and circuses.
(b) Activities prohibited. A person who engages in any of the following proscribed conduct shall be guilty of an ordinance violation:
(1) Causing any animal to engage in animal fighting for amusement or financial gain;
(2) Training any animal under circumstances evincing an intent that such animal engage in animal fighting, for amusement or financial gain;
(3) Permitting any act described in subsection (b)(1) or (b)(2) to occur on premises under his control;
(4) Owning, possessing or keeping of any animal under circumstances evincing an intent that such animal engage in animal fighting;
(5) Attending an exhibition of animal fighting as a spectator;
(6) Placing or accepting a wager at any place where an exhibition of animal fighting is being conducted.
(Ord. 2008-18; Code 2012)
(a) After the impoundment of an animal, the municipal court of the city is empowered to hold ex parte hearings to determine whether there are reasonable grounds to believe that the animal should continue to remain impounded, either because the animal is determined to be vicious or because continued impoundment is otherwise determined to be in the best interests of the animal or the public at large. After such hearing, if the court finds such reasonable grounds for continuing impoundment to exist, the court is empowered to enter orders, either on its own motion or on the motion of the city attorney, to continue the impoundment of such animal until the completion of all trial and legal proceedings held in the municipal court of the city to determine whether there has been a violation of any provision of Chapter II of the municipal code by the animal’s owner, harborer, keeper or possessor.
(b) After an animal has been impounded pursuant to any of the provisions within this Chapter II of the municipal code without the consent of the known owner, harborer, keeper or possessor of the animal, an ex parte hearing shall be held with the municipal court within seven (7) days of impoundment, or seven (7) days after the completion of any requisite quarantine period (if deemed necessary by a licensed veterinarian), in order to determine whether there continues to exist reasonable grounds to impound the animal. Animals impounded without the knowledge of the identity of the owner, harborer, keeper or possessor, or animals otherwise deemed abandoned, are not subject to this provision.
(c) If an animal continues to be impounded following any ex parte hearing with the municipal court, the owner of such animal, upon written request to the municipal court or the city attorney with at least seven (7) days advanced notice, shall be entitled to an evidentiary hearing on the matter at the next regularly scheduled municipal court date.
(d) The actual cost of impoundment and any medical care or vaccinations provided to the animal during impoundment shall be assessed to the owner, harborer, keeper or possessor of such animal as a court cost upon conviction of any violation of a provision within Chapter II of the municipal code.
(Ord. 2018-05)