Article 1. General Provisions

For the purpose of this Chapter, the following words and phrases shall mean:

(a) Abandon: Includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.

(b) Animal: Any live vertebrate creature, domestic or wild.

(d) Animal Shelter: Wichita Animal Shelter, which is hereby designated by the City as the facility for the boarding and disposition of any animal impounded under the provisions of this Chapter or any City ordinance or law of the state of Kansas.

(e) Attack: Any violent or aggressive physical contact with a person or domestic animal, or violent or aggressive behavior that confines the movement of a person, including, but not limited to, charging, cornering, chasing or circling a person.

(f) Bite: Any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

(g) Cat: Any member of the species felis catus, regardless of sex.

(h) Common Areas of Condominiums, Townhouses and Apartment Buildings: Includes, but is not limited to, the yards, grounds, garden areas, play areas, clubhouses, swimming pools, sidewalks, walkways, common garage areas, entryways, hallways and driveways of condominiums, townhouses or apartment building complexes.

(i) Control of a Dog or any other animal: To physically restrain by means of an appropriate pen or by a chain or leash held by a responsible person who possesses sufficient strength for physical control of the animal.

(j) Direct Control of a Dog: To physically restrain a dog by a substantial chain or leash by a responsible person who possesses sufficient strength for physical control of the animal.

(k) Dog: Any member of the species canis familiaris, regardless of sex. Such term shall not include hybrid breeds of dogs which have been bred to a wild animal.

(l) Guard Dog: Any dog placed within an enclosure for the protection of persons or property by attacking or threatening to attack any person found within the enclosure patrolled by such dog.

(m) Harbor: The act of keeping or caring for an animal or providing premises to which the animal returns for food, shelter, or care.

(n) Harborer: See Owner, Keeper, Harborer.

(o) Humane Traps: Box-type or live-type traps which do not cause bodily harm to the animal intended to be captured or any animal or person coming in contact with such trap.

(p) Identification Tag: The official City of Maize-issued tag with engraved numerical license number.

(q) Inhumane Treatment: Any treatment to any animal which deprives the animal of necessary sustenance, including food, water and protection from the weather; endangers the safety, health or well-being of an animal from heat, cold or lack of adequate ventilation; any treatment such as overloading, overworking, tormenting, beating, mutilating, teasing or other abnormal treatment; or causing or allowing the animal to fight with any other animal.

(r) Keeper: See Owner, Keeper, Harborer.

(s) Livestock: Includes, but is not limited to, cattle, horses, swine, goats, sheep or other animals, commonly regarded as farm animals. Animals kept as house pets, such as pygmy goats or pot belly pigs, shall not be declared livestock if the animal resides on the property in living conditions commonly associated with the manner of maintaining a pet animal.

(t) Microchip: A passive transponder which can be implanted in an animal and which is a component of a radio frequency identification (RFID) system.

(u) Mistreatment: Includes every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

(v) Neglect: Includes the failure to provide food, water, protection from the elements, opportunity for exercise or for other normal, usual and proper care for an animal’s health and wellbeing.

(w) Neighbor: Any person residing within 200 feet from the outermost property line of the property where a domestic animal is owned, kept or harbored.

(x) Nuisance Animal: Any animal that commits repeated acts that irritate, perturb or damage rights and privileges common to the public or enjoyment of private property or indirectly injures or threatens the safety of a member of the general public. Such actions include, but are not limited to:

(1) Damage to public or private property including, but not limited to, breaking, bruising, tearing up, digging up, crushing or injuring any lawn, garden, flower bed, plant, shrub or tree in any manner;

(2) ripping any trash bag or tipping any solid waste collection container which spills or scatters trash, debris, refuse or waste.

(3) Repeatedly defecating upon any public place or upon premises not owned or controlled by the animal’s owner, provided that this definition shall not apply where such waste is immediately removed and properly disposed of by the owner of such animal.

(4) Allowing or permitting an animal to be maintained in an unsanitary condition so as to be offensive to sight or smell.

(5) Causing a condition which endangers public health or safety.

(y) Owner, keeper or harborer: any person who possesses, harbors, keeps, feeds, shelters, maintains or offers refuge or asylum to any animal, or who professes to keeping, owning or harboring such animal. In addition, any person who signs a receipt as owner, keeper or harborer for the return of an animal from any shelter or animal holding facility shall be presumed to be the owner, keeper or harborer of the animal. A parent or legal guardian shall be deemed to be an owner, keeper or harborer of animals owned, kept or harbored upon their premises by minor children who are less than 18 years of age. Such term shall also include any person who exercises control over or is in possession of any such animal. The term “Owner” when used in this Chapter shall be construed to include “Keepers” and “Harborers.”

(z) Person: any individual, firm, association, joint stock company, syndicate, partnership, corporation, other state franchised business entity such as a professional association, limited liability company, or limited liability partnership, or other organization of any kind.

(aa) Pet Animal: Includes dogs, cats, rodents, birds, reptiles, potbelly pigs, pygmy goats and any other species of animal which is sold or retained as a household pet but does not include skunks and other species of the wild, exotic or carnivorous animals that may be further restricted in this Chapter.

(bb) Picket: Attaching a leash, rope, chain, lead or other similar apparatus or device to the body of an animal and another object for the purpose of confining the animal or limiting the movement of the animal.

(cc) Pit Bull dog: Any and all of the following dogs:

(1) The Staffordshire Bull Terrier breed of dogs;

(2) The American Staffordshire Terrier breed of dogs;

(3) The American Pit Bull Terrier breed of dogs;

(4) Dogs which have the appearance and physical characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier.

(5) A dog which possesses five out of the following eight characteristics to be a Pit Bull:

(i) Head is medium length, with a broad skull and very pronounced cheek muscles, a wide, deep muzzle, a well-defined, moderately deep stop, and strong under jaw. Viewed from the front, the head is shaped like a broad, blunt wedge. apart.

(ii) Eyes are round to almond shaped, are low in the skull and set far

(iii) Ears are set high. Uncropped ears are short and usually held rose or half prick, though some hold them at full prick.

(iv) Neck is heavier and muscular, attached to strong, muscular shoulders.

(v) Body is muscular, with a deep, broad chest, a wide front, deep brisket, well-sprung ribs, and slightly tucked loins.

(vi) Tail is medium length and set low, thick at the base, tapering to a point.

(vii) Hindquarters are well muscled, with hocks, set low on the legs.

(viii) Coat is a single coat, smooth, short and close to the skin. Pit Bull puppies have the same characteristics, though in juvenile and adolescent form, muscles along with breadth and depth of head and chest may be less developed. Specifically excepted from this definition is any dog with proof, by a written certification from a veterinarian licensed by the State of Kansas, that the dog does not contain in its lineage any American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier.

(dd) Rabbits, Poultry and Domestic Fowl: Includes; rabbits, pigeons, chickens, chicks, ducks, geese, turkeys, doves, squabs and all similar domestic fowl other than pet animals.

(ee) Running at Large: An animal off the premises of its owner and not effectively controlled and restrained by means of a leash, cord, or chain not exceeding ten (10) feet in length. For the purposes of this definition, “the premises of its owner” shall not include common areas of the grounds of a condominium, townhouse or apartment, and unrestrained animals upon those areas shall be deemed to be running at large. The phrase “effectively controlled and restrained” does not exclude extendable leashes that are maintained at ten (10) feet of length or less. It shall be a question of fact whether an individual, due to age, ability, or attention was able to effectively control and restrain an animal by means of a leash, cord, or chain of any length.

(ff) Service Dog: A dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability as defined by the Americans with Disabilities Act (ADA).

(gg) Temperature and Ventilation Standard: The City hereby adopts the standards promulgated by the American Society for the Prevention of Cruelty to Animals (ASPCA) in association with temperature and ventilation standards. The ASPCA has determined that when the outside temperature is 85 degrees, the inside of a vehicle will reach 102 degrees within ten (10) minutes, even with the windows cracked. In half an hour, the temperature inside a closed vehicle will soar to 120 degrees, which can be lethal to an animal in minutes. Because animals cannot sweat, they cannot control their body temperature in intense heat, leading to extensive organ damage, heatstroke or suffocation.

(hh) Vicious Propensity: A known tendency or disposition to approach any individual or domestic animal in an attitude of attack when there is no provocation. The tendency or disposition may be shown by previous documented acts of “attack” or “bite” as defined above.

(ii) Wild Animals: Includes all species of animals which exist in their natural unconfined state and the majority of such species are not domesticated.

(Ord. 940, Sec. 1)