It shall be unlawful for any person to keep, harbor, own or in any way possess within the corporate limits of the City:

(a)   on premises of less than one (1) acre of contiguous land area: any horse, donkey, mule or other equine; sheep; goat; swine; cow, ox or other bovine; or large ratite;

(b)   not more than one of the animals listed at Section 2-301(a) may be kept, harbored, owned or in any way possessed on premises that are between one acre of contiguous gross land area and less than two (2) acres of contiguous land area;

(c)   one (1) additional animal per acre, above the number allowed in Section 2-301(a)(1) of the animals listed at Section 2-301(a), may be kept, harbored, owned or possessed on premises that consist of contiguous land area that is two (2) acres or larger; i.e., two of the above-listed animals on two acres or more, three on three acres or more, four on four acres or more, etc.

(d)   Roosters (male chickens), guinea cocks, peacocks or other birds that by nature exhibit loud calls;

(e)   More than two (2) rabbits or more than three (3) fowl on any one (1) premises;

(f)    Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates such as apes, chimpanzees, gibbons, gorillas, orangutans, siamangs, and baboons, as well as bears, bison, bobcats, cheetahs, crocodilians, constrictor snakes, coyotes, deer, white-tailed deer, elk, antelope, moose, elephants, game cocks or other fighting birds, hippopotami, hyenas, jaguars, leopards, lions, lynxes, monkeys, ostriches, pumas, cougars, mountain lions, panthers, raccoons rhinoceroses, skunks, tigers, foxes and wolves; but excluding ferrets and small rodents of varieties used for laboratory purposes);

(g)   Any mammal, amphibian, fish, reptile or fowl which is of a species which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well-being, or property, including but not limited to snakes which are venomous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup including, but not limited to, boa constrictors, Madagascar ground boas, green and yellow anacondas, Cuban boas, Indian pythons, reticulated pythons, African rock pythons, Amethystine pythons, Boelens pythons and all members of the family pythonidae that exceed 6 feet in length.

(Ord. 940, Sec. 3)

The owner of any dog shall cause the same to wear a collar or harness while such animal is outside the dwelling of the owner. The tag required in Section 2-201 shall be securely affixed to the collar or harness of each dog registered. The tag shall be situated on the collar or harness in such a manner that it may at all times be easily visible to law enforcement officers or animal control officers of the City. When so requested, replacement tags shall be issued for $1 each, upon presentation of the receipt. It shall be unlawful for any person to take off or remove the City registration tag from any dog belonging to another or remove the strap or collar on which the same is fastened.

(Ord. 940, Sec. 3)

The owner of any animal shall physically produce the animal for observation, identification or inspection when requested to do so by a City animal control officer or law enforcement officer investigating a violation of the animal control and/or welfare laws of the City, provided the officer has probable cause to believe a crime or violation of the animal control laws has been committed. Failure to do so is unlawful.

(Ord. 940, Sec. 3)

The owning, keeping or harboring of up to a maximum of two dogs and up to a maximum of three cats upon any premises or property or in any dwelling or living quarters of any type within the City is permitted. There shall be a rebuttable presumption that the owning, keeping or harboring of more than two dogs and/or three cats upon any premises or property or in any dwelling or living quarters of any type within the City shall be considered a nuisance and is prohibited; provided:

(a)   Any person who desires to own, keep, or harbor more than two dogs and/or more than three cats may apply to the City Clerk or designee for an “Animal Maintenance Permit” that shall, upon issuance, permit the applicant to own, keep or harbor the animals specifically allowed in that permit.

(1)   All applicants must rebut the presumption of a nuisance and adequately show that special circumstances exist that justify the keeping of the subject animals, and that the keeping of additional animals will not create a nuisance in the surrounding neighborhood, that humane care will be provided and that the premises where the animals are kept is suitable for the keeping of multiple animals and is in conformity with all City zoning requirements. The criteria to be evaluated include, without being limited to, the following:

(A)  That the animals will be kept or maintained at all times in a safe and sanitary manner;

(B)  That the quarters in which such animals are kept or confined will be adequately lighted and ventilated and are so constructed and maintained that they can be kept in a clean and sanitary condition;

(C)  That the health and wellbeing of the animals will not in any way be endangered by the manner of keeping or confinement;

(D)  That the keeping of such animals will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood;

(E)   That the keeping of such animals 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 animals are kept or harbored;

(F)   That the animals will not unreasonably annoy humans, endanger the life, health or safety of other animals or persons or substantially interfere with the rights of citizens to the enjoyment of life or property.

(G)  That the animals will not repeatedly run or be found at large, will not damage or deposit excretory matter upon the property of anyone other than their owner, and will not chase vehicles or molest or intimidate pedestrians or passersby.

(H)  That the animals will not make disturbing noises, including but not limited to, continued and repeated or untimely howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors and others in close proximity to the premises where the animals are kept or harbored, or otherwise be offensive or dangerous to the public health, safety or welfare, by virtue of their behavior, number, type or manner of keeping.

(I)    That the applicant, or any person who will share in the care, custody and control of the animals is not currently in violation of or has not previously violated any applicable City, state or federal laws, codes, rules or regulations, including, but not limited to, those pertaining to the care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the subject permit.

(b)   The City Clerk or designated agent shall establish an application process to be followed by all individuals seeking an animal maintenance permit. The permit shall be issued on an annual basis. The fee for such animal maintenance permit shall be $50 the first year and $10 for each renewal year. These fees are in addition to regular licensure fees for each animal. All fees shall be nonrefundable and nontransferable. The animal maintenance permit shall be issued for the individual animals listed in the application and shall not be transferable to other animals. Should an animal subject to the permit be replaced, a new application, permit, and $50 permit fee shall be required. The fact an individual has previously been issued an animal maintenance permit may be considered but shall not be controlling in the decision to issue an animal maintenance permit for a different animal.

(c)   The Chief of Police or designated agent shall deny any application where the applicant fails to show proof of the aforementioned requirements, or an examination of the documentation submitted by the applicant or an investigation by an animal control officer or the police department, or both, reveals that in their opinion the applicant has failed to meet the requirements of this Section. Any application for the combination of a maximum of six animals (with a maximum of four dogs; maximum of six cats), shall be required to show proof of meeting the required standards by clear and convincing evidence. The animal control officers or police department shall submit a written report of its investigation stating the factual basis for its recommendation to grant or deny any application. The animal control officers or police department shall consider the comments of neighbors, past violations by applicant, the size, condition and location of the area where the animals will be kept, the size of the animals to be kept, past complaints concerning the applicant, the burden of proof and the criteria set forth in this Section, or any other factors relative to the issue of keeping additional animals.

(d)   More than four dogs is considered a kennel. More than six cats is considered a cattery. Kennels and/or catteries are not allowed in any residential area. The Chief of Police or designee may issue a kennel permit to any person who keeps dogs or cats for breeding or selling on a commercial basis within the City. The applicant must be in conformity with the City zoning ordinances and state laws, must not have been convicted of violating the cruelty or animal welfare laws of this or any other jurisdiction, and must make a satisfactory showing that the area for housing the animals will provide a humane standard of care and will not constitute a nuisance to the surrounding neighborhood. The fee for such a blanket permit shall be as follows:1-2 litters per year-no license required; 3 or more litters per year, animal pounds and pet stores-$100 per year. The fee is due on or before February 1st of each year, provided all animals owned, kept or harbored pursuant to this paragraph that are six months of age or older must be licensed in accordance with this Article. In addition, no more than one kennel permit shall be issued per premises.

(e)   The permits described in this Section may be revoked by the Chief of Police or designee upon a showing that the animal’s place of keeping constitutes a nuisance to the surrounding neighbors, that humane standards of care are not being met by the permittee, or that a violation of City zoning regulations has occurred, or that the permittee had provided false information in their application.

(Ord. 940, Sec. 3)

(a)   Dog Control. All dogs must be confined to the residential property of the owner of the dog; provided, dogs may be taken off the residential property of the owner when:

(1)   the dog is on a leash no longer than 10 feet in length and under the control of a responsible person. Whether a person is responsible shall be determined by giving due consideration to the size and temperament of the animal; provided, all dogs determined to be vicious and registered as vicious animals under the provisions of this Article shall be muzzled when off the residential property of the owner and shall be under the control of an adult;

(2)   the dog is confined in a cage or within the enclosed interior of a motor vehicle;

(3)   the dog is under the control of the owner and during the conduct of an AKC, UKC or other kennel club or organized dog club trial, show or exhibition, or during organized public animal exhibitions or competitions;

(4)   the dog is under the control of the owner and during the conduct of training a dog for legal hunting activities, provided that if such training includes the discharge of a firearm, the conditions of the Uniform Public Offense Code and Kansas state law must be complied with; provided further, no training for hunting purposes will be conducted on any property without the permission of the landowner upon whose property the training is occurring; provided further, that such training and/or hunting activities are prohibited from all public parks and recreational facilities.

(b)   For the purpose of this Section, confined to the residential property of the owner shall mean, but not be limited to mean, confined either inside the residential structure of the owner or, if outside the residential structure of the owner, the dog shall be physically restrained on a chain or leash or within a suitable fence or other proper method of physical restraint from which it cannot escape; provided:

(1)   If the dog is in the physical presence of its owner and on its owner’s property and under the demonstrated direct and immediate voice control of its owner, it shall be considered confined to the residential property of its owner. It shall not be considered confined to the residential property of the owner if the dog is off the property of the owner, whether it is under the demonstrated direct and immediate voice control of its owner or not.

(2)   Dogs may be confined to the premises of the residential property of their owner by an electronic fence or an electronic collar. An electronic fence or electronic collar is defined as a fence or a collar that controls the movement of a dog by emitting an electrical shock when the animal wearing the collar nears the boundary of the owner’s property. The collar may be controlled manually by a person or automatically in a predetermined manner. Dogs confined to residential property of the owner by an electronic fence or an electronic collar shall not be permitted to be nearer than 10 feet 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 yards of an owner’s property. No dog having been found a dangerous animal by the City shall be confined by an electronic fence or an electronic collar.

(Ord. 940, Sec. 3)

(a)   It shall be unlawful for the owner of any animal other than a cat or cats to permit the same to run at large.

(b)   Any owner of any animal, other than cats, found running at large within the corporate limits of the City shall be deemed guilty of a misdemeanor. Knowledge or intention on the part of the owner shall not be elements of this offense. The animal control officer may seize, impound and cause to be destroyed any such animal, pursuant to the provisions of K.S.A. 47-1701 et seq., and amendments thereto. The animal control officer may cause any such impounded animal to be returned to its rightful owner upon the payment of a service charge, a boarding fee for days spent in confinement at the shelter prior to the return of the animal, and citations for the animal for running at large, and all other applicable citations for violation of this code.

(c)   Any animal injured or found to be ill on public property while running at large shall be removed by an animal control or police officer who shall, if necessary, place such animal or animals in the custody of a doctor of veterinary medicine duly licensed by the state of Kansas for treatment of injury or illness, and the owner of any such animal or animals shall be liable for veterinary, impound or related expenses.

(d)   The owner of an injured animal taken to a veterinarian by the animal control officer or a police officer is responsible for payment of charges for veterinary services related thereto. The owner shall reimburse the City for all expenditures the City may pay for veterinary services rendered to or on behalf of the owner’s animal under this Section, and the costs and fees may be ordered as restitution associated with any citation issued under this Section.

(e)   If any animal dies while running at large on public property, the owner shall be liable for disposal fees established by the animal shelter in addition to penalties for violation of this Section as set out in Article 7.

(Ord. 940, Sec. 3)

It shall be a separate offense for any person to receive two or more citations for violation of Section 2-306 within a 36 consecutive month period. Such person shall be cited as a habitual violator. Violation of this Section may be found when a single individual has been adjudicated guilty of a violation of Section 2-306(a) regardless of the number of animals involved in such violations. Any person found guilty of a violation of this Section shall be fined a minimum of $500 and a maximum of $1,000 for each habitual violator citation. The Municipal Court Judge shall have no discretion to suspend the minimum fine or any portion thereof. A person cited for violation of this

Section shall be required to appear in Municipal Court. In addition, the Municipal Court Judge shall have the authority to sentence the individual to up to six (6) months in jail. It shall be a defense to an alleged violation of this Section for the violator to have been adjudged not guilty of a charge under Section 2-306, or that the charge was dismissed without a finding of, or admission of, guilt.

(Ord. 940, Sec. 3)

(a)   It shall be unlawful for the owner of any dog to permit such dog, by loud and persistent or habitual barking, howling or yelping, to disturb any person or neighborhood, and the same is hereby declared to be a public nuisance.

(b)   Either the animal control officer or a law enforcement officer may issue a citation for violation of subsection (a) above upon receiving two complaints within two weeks for excessive barking by the same dog from at least two separate and independent complainants, or upon receiving one complaint and personally observing such excessive barking.

(c)   Complainants shall sign a written complaint noting the date and time of the barking, the length of the barking episode(s), the animal believed/known to be barking, and any additional relevant information concerning the excessive barking.

(d)   Animals who are found to bark excessively following teasing or harassment by neighbors shall not be found to have violated this Section.

(Ord. 940, Sec. 3)

(a)   No person who owns, possesses, harbors or exercises control over any animal shall do the following:

(1)   Permit or allow the animal to attack or bite any person or domestic animal not on the premises of such owner;

(2)   Permit or allow the animal to attack or bite any person or domestic animal upon the premises of the residence of such owner or upon the premises of any business establishment not then open to the public. It is an affirmative defense to this paragraph if such premises are previously posted at each entrance with a prominent and conspicuous sign warning all persons of the animal, and the animal is confined in a proper enclosure. It is also an affirmative defense to this paragraph that the attack or bite by the animal was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery, theft or other crime upon the property;

(3)   Permit or allow the animal to attack or bite any person or animal upon the premises of any business establishment that is open to the public. It is an affirmative defense to this paragraph that the attack or bite by the animal was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery, theft or other crime upon the property.

(b)   For the purposes of this Section, the word “permit” shall mean allow or let happen. Knowledge or intention on the part of the person who owns, possesses, harbors or exercises control over the animal shall not be elements of this offense.

(c)   The provisions of this Section shall not apply to any law enforcement officer who uses an animal while engaged in law enforcement activities, nor to any owner of any animal which attacks or bites a person engaged in physically attacking or striking such owner.

(Ord. 940, Sec. 3)

(a)   Cruelty to animals is:

(1)   intentionally killing, injuring, maiming, torturing, mutilating, beating or overworking any animal; this includes, but is not limited to, administering any poisonous substance with the intent that the same shall be taken or swallowed by any animal;

(2)   acting or failing to act when the act or failure to act causes or permits pain or suffering to such animal;

(3)   abandoning or leaving any animal in any place or releasing or dumping an animal from a vehicle without making provisions for its proper care; in addition, “abandon” means for the owner to leave an animal without demonstrated or apparent intent to recover or resume custody, to leave an animal for more than 12 hours without providing adequate food and shelter for the duration of the absence, or to turn out or release an animal for the purpose of causing it to be impounded;

(4)   failing to provide adequate care, adequate food, adequate health care, adequate shelter or adequate water; or

(5)   failing to provide veterinary care when needed to treat injury or illness unless the animal is promptly destroyed in a humane manner.

(b)   The provisions of this Section shall not apply to:

(1)   Normal or accepted veterinary practices;

(2)   Bona fide experiments carried on by recognized research facilities;

(3)   Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated or as permitted under Section 2-311 or Section 2-307 herein;

(4)   Rodeo practices accepted by the Rodeo Cowboys’ Association;

(5)   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 the owner thereof or the agent of such owner residing outside of the City or the owner thereof within the City if no animal shelter, pound or licensed veterinarian is within the City, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of any incorporated humane society, the operator of an animal shelter or pound, public health officer or licensed veterinarian three business days following the receipt of any such animal at such society, shelter or pound;

(6)   With respect to farm animals, normal or accepted practices of animal husbandry;

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

(8)   The killing of any animal by an animal control officer or law enforcement officer trained in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods.

(Ord. 940, Sec. 3)

(a)   Any public health officer, animal control officer, law enforcement officer or licensed veterinarian, or any officer or agent of any duly incorporated humane society, 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 herein, and when failure to do so would result in further injury or pain and suffering to the animal. Such officer, agent or veterinarian may inspect, care for or treat such animal or place such animal in the care of a duly incorporated humane society or licensed veterinarian for treatment, boarding or other care or, if it appears as determined by an officer of such humane society or by such veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose, for humane killing.

(b)   If a person is adjudicated guilty of the crime of cruelty to animals, as defined in Section 2-308(a) herein, and the court having jurisdiction 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.

(Ord. 940, Sec. 3)

(a)   It shall be unlawful for an owner of an animal to fail to provide the animal with adequate care, adequate food, adequate water, adequate health care, and adequate shelter. Such shelter should be clean, dry, and compatible with the condition, age and species. An animal must also have the opportunity for adequate daily exercise. This requires that an owner must offer some freedom from continuous chaining, stabling or tethering. All restraints placed on an animal must be such that it prevents the animal from being tangled or injured by the restraint. The area where animals are kept must also be kept free from unsanitary conditions and vermin-harboring debris.

(b)   It is unlawful for any person to offer to give or to give a live animal as a prize or as a business inducement or any other form of gratuity.

(Ord. 940, Sec. 3)

(a)   Injury to a domestic animal is willfully and maliciously:

(1)   Administering any poison to any domestic animal;

(2)   Exposing any poisonous substance with the intent that the same shall be taken or swallowed by any domestic animal; or

(3)   Killing, maiming, or wounding any domestic animal.

(b)   This Section shall not apply to any person exposing poison upon their premises for the purpose of destroying coyotes or other predatory animals in accordance with state law, nor shall it apply to any licensed veterinarian who administers any such substance in the practice of veterinary medicine in accordance with the standards of the veterinarian profession.

(c)   It is unlawful to injure a domestic animal in a willful or malicious way as described in this Section 2-311.

(Ord. 940, Sec. 3)

Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by an animal control or law enforcement officer, such is a violation of this Section and any animal control officer is hereby authorized, with assistance from the police, to enter such vehicle and rescue such animal and thereafter impound it. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this Section and impounded, if such owner cannot be determined.

(Ord. 940, Sec. 3)

Any person operating a commercial animal establishment shall keep and maintain the animals, and all structures, pens, or yards, tanks, ponds or other holding areas in which the animals are kept, in such a manner as to prevent a nuisance or health hazard to humans and to avoid injury and illness to these animals. All holding areas must be properly sanitized so as to keep the animals enclosed therein free of diseases. All such animals shall be provided with a constant supply of wholesome food and water or in lieu of this, the proprietor shall prominently and publicly post and shall follow a schedule for adequate feeding and watering. A schedule shall also be posted for cleaning and maintaining cages and other holding areas at the facility. Any animal that is infected or diseased with an infectious agent shall be immediately isolated in such a manner as to prevent spread of disease to any other healthy animals, and it shall be treated immediately to prevent further condition deterioration or euthanized, and if the owner fails or refuses to provide for such, the supervisor of animal control may remove each/such animal to the animal shelter for disposition. All commercial animal establishments must permit inspection of their records, premises and the animals harbored therein by animal control officers, law enforcement officers and City and state inspection officials. It is unlawful for any person to fail to comply with the standards set out in this Section 2-315.

(Ord. 940, Sec. 3)

Unlawful trapping is the utilization, except for display or exhibition purposes, of any trap, net, snare, or other trapping device which does not painlessly capture or immediately kill its victim; or the utilization of any trap of the type commonly known as steel jaw, leghold traps.

(Ord. 940, Sec. 3)

The giving away of any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter any contest, game, or other competition; or as an inducement to enter a place of amusement or business; or offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade is unlawful.

(Ord. 940, Sec. 3)

Law enforcement officers or animal control officers of the City or anyone having the authority of an animal control officer, as designated by the City Administrator or Chief of Police, may kill any dog, cat, domestic animal or warm-blooded animal without notice to the owner thereof, whether or not it bears the required tag, if such dog, cat, domestic animal or warm-blooded animal is deemed by the officer to be a vicious animal, or injured severely with no apparent chance of survival, or in such pain as to warrant humane destruction. The remains of any such animal so destroyed may be preserved by such officers to permit a test to be conducted for rabies.

(Ord. 940, Sec. 3)

When rabies or other communicable diseases are known to exist in the community, or when it is known to exist in neighboring communities, the Mayor may declare a quarantine of all dogs, cats, other domestic animals and any other warm-blooded animals. It shall be the duty of the owner of the dog, cat, other domestic animal and any other warm-blooded animal to keep such dog, cat, other domestic animal and any other warm-blooded animal confined to the premises of such owner and under control.

(Ord. 940, Sec. 3)

It shall be the duty of all animal control officers, or anyone having the authority of an animal control officer, law enforcement officers, or those having the authority of law enforcement officers to enforce such quarantine. The City Administrator and the Chief of Police shall have the right to deputize other persons as needed. Such deputized persons need not seize such animals but shall aid in determining the owner to the end that warrants of arrest can be issued against the violating owners.

(Ord. 940, Sec. 3)

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 and all persons having knowledge of any dead animal on public property in the City to immediately report the same to the police department, giving the kind of animal and the place where the same may be found. It shall be the duty of the police department, immediately upon receipt of such report, to remove or provide for the removal of such dead animal.

(Ord. 940, Sec. 3)

It is the responsibility of the owner of the premises to remove all deceased animals within 12 hours after the death of such animal. If not so removed, the police department shall cause the animal to be removed and the cost of removal will be assessed against the owner.

(Ord. 940, Sec. 3)