The Chief of Police with the approval of the City Manager is hereby authorized to appoint an Animal Control Officer to carry out the provisions of this Chapter.

(Ord. 4367-00; Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

It shall be the duty of the Chief of Police, the Animal Control Officer, and their designees to enforce the provisions of this Chapter and the same are hereby authorized to make investigations and to issue such notices, orders, or directions as are necessary for the enforcement of the provisions of this Chapter.

(Ord. 4367-00; Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Veterinary Hospitals licensed by the State of Kansas are excluded from the provisions of this Chapter.

(Ord. 4367-00; Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

In addition to the authority of the Animal Control Officer, the Municipal Court Judge may order the confiscation of a prohibited Animal if the Animal poses a danger to the public or itself. Upon the conviction of a Person for any offense prohibited by this Chapter, the Municipal Court Judge shall have the discretion to order the confiscation and transfer the Ownership of any Animal.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

For purposes of this Chapter, the following definitions shall apply:

Adequate Food and Drink.  Necessary food by veterinary standards, and water that is reasonably clean, clear and free of dirt and algae, with both such food and drink to be available to the Animal in adequate supply to maintain the Animal for a 24-hour period.

Adequate Shelter.  An Enclosure to which an Animal has adequate access and which provides an Animal with protection from the elements in reasonable comfort. At a minimum, said Enclosure has a water-tight roof, enclosing water-tight walls, a solid floor, an interior that is tall enough for the Animal to stand up in and large enough that the Animal can turn around in comfortably, and bedding covering the floor that is appropriate for the weather conditions; and, in addition to such Enclosure, one or more open or ventilated areas where shade is available to an Animal during daylight hours.  The shelter should be elevated at an adequate height from ground level to provide protection from flooding.

Aggressive Animal At-Large.  Any Animal At-Large that, without Provocation, exhibits aggression or combativeness toward a Person or Domestic Animal, whether or not said Person or Domestic Animal is attacked, bitten, or scratched by the Aggressive Animal At-Large.

Animal.  Any live, non-human vertebrate creature excluding fish.

Animal Control Officer.  Any Person given authority to implement or enforce this Ordinance.

Bite.  Any abrasion, scratch, puncture, tear, bruise or piercing of the skin caused by any Animal, and which is reasonably presumed to be contaminated or inoculated with the saliva from the Animal, regardless of the health of the Animal causing such Bite.

Cattery.  Any Premises where there is being maintained or Harbored a total of more than three (3) cats or more than two (2) un-spayed female cats over the age of three (3) months; provided, however, that any residential Property licensed by the State of Kansas as a Foster Home Shelter pursuant to K.A.R. 9-22-4 shall be entitled to temporarily Harbor one (1) or more cats as foster Animals under that license, provided that the presence of the foster Animals at such residence does not cause the total number of cats Harbored at the residence to exceed the number otherwise allowed herein by more than one (1) cat.

Chicks.  Chickens which are no more than three (3) months of age.

Dangerous Animal.  Any Animal that has (a) attacked a human or a Domestic Animal without Provocation, including snapping or biting at a human or Domestic Animal and whether or not such attack was completed or any injury inflicted; or (b) such a vicious propensity that it is determined by the Animal Control Officer to create an unreasonable hazard or danger to the general public in the event of its release or escape from confinement.

Dangerous Animal Enclosure.  A fence or structure of at least six (6) feet in height, forming or causing an Enclosure suitable to prevent the entry of young children and suitable to confine a Dangerous Animal. An Enclosure shall be secure and locked and designed to prevent the Animal from escaping from the Enclosure. An Enclosure shall have a secure top suitable to confine a Dangerous Animal. If such Enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than two (2) feet.

Domestic Animals.  All Animals that have been tamed or Domesticated.

Domesticated.  Bred for and adapted to living dependently in a household setting.

Feral Cat.  Any free-roaming cat that displays avoidance behavior, lives in a colony and has no apparent Owner.

Fowl.  All Domesticated Animals that are included in the zoological class Aves.

Harbor.  Any Person who shall allow any Animal to habitually remain, lodge or be fed within his or her home, yard, place of business or any other Premises.

Habitual Violator. Any Person:

(a)   Who is the Owner, keeper or Harborer of any Animal or Animals which have been impounded by the Animal Control Officer on three (3) or more occasions within any thirty-six (36) month period. Each incidence of an impoundment being regarded as a separate occasion, regardless of whether one or more Animals were impounded at the same time and regardless of whether the impoundment was as to the same or different Animals on each occasion; or

(b)   Who was the Owner, keeper or Harborer of any Animal or Animals which have on two (2) or more occasions within any thirty-six (36) month period attacked a human or a Domestic Animal without Provocation including snapping or Biting at a Person or a Domestic Animal and whether or not such attack was completed or any injury inflicted.  Each incidence of an attack being regarded as a separate occasion regardless of whether the attack was by the same or a different Animal on each occasion; or

(c)   Who has been fined or convicted for three (3) or more violations under this Chapter, which violations occurred within any sixty (60) month period; or

(d)   Who fails to confine or control in accordance with the provisions of this Chapter, any Animal that has been determined to be a Dangerous Animal.

Hobby Breeder.  Means any person who operates a Hobby Breeder Premise.

Hobby Breeder Premise.  Means any premises where all or part of three, four or five litters of dogs or cats, or both, are produced for sale or sold, offered or maintained for sale per license year. This provision applies only if the total number of dogs or cats, or both, sold, offered or maintained for sale is less than thirty (30) individual animals.

Humane.  Manner of care including, but not limited to, protection from harm, providing a shelter with adequate protection from the elements, ventilation, sanitation, and appropriate food and potable water consistent with the requirements and habits of the Animal’s species, type, size, age and condition.

Invisible Fence.  Any premise where there is an underground cable buried along the boundaries of the premise that emits a signal field to keep an Animal from crossing or getting outside the boundaries of the premise. An Invisible Fence must:

(a)   Create a complete boundary around the premise with no gaps or areas where the Animal could get out and Run At-Large;

(b)   The invisible fence must be clearly marked with boundary flags or other signage indicating to the public where is Invisible Fence is located; and

(c)   The Animal, at all times when not confined by other means and is within the boundaries of the Invisible Fence, must be wearing a fully functional collar receiver.

Kennel.  Any premise where there is being Harbored a total of more than three (3) dogs over the age of six (6) months; provided, however, as follows:

(a)   A fourth dog over the age of six (6) months may be Harbored at a residence, if such dog is individually trained and certified to do work or perform tasks for the benefit of an individual with a disability, including physical, sensory, psychiatric, intellectual or other mental disability for a public safety agency or to assist disabled Persons and if such certification is on file with the City Clerk; or

(b)   Any residential Property licensed by the State of Kansas as a foster home shelter pursuant to K.A.R. 9-22-4 shall be entitled to temporarily Harbor one (1) or more dogs as foster Animals under that license, provided that the Harboring of the foster Animals at such residence does not cause the total number of dogs there being Harbored to exceed the number otherwise allowed herein by more than one (1) dog.

Neglect and Inhumane Treatment.  Treatment of an Animal, or causing or permitting the treatment of any Animal, which consists of any of the following: overdriving, overloading, abandoning, overworking, torturing, tormenting, poisoning or attempting to poison any Domestic Animal, depriving of necessary sustenance, cruelly beating or mutilating, or failing to provide necessary medical care, or Adequate Food and Drink, or Adequate Shelter.

Own or Owning.  To keep, maintain, possess, control, sell, trade, or buy.

Owner.  The Person who keeps, Harbors or possesses an Animal.

Person.  Any individual, firm, association, joint stock company, syndicate, partnership or corporation.

Pet Shops.  Any place of business keeping Animals for the purpose of sale or resale, which includes but is not limited to pet stores, feed stores, or commercial kennels.

Picket.  The attaching directly or indirectly to the body of an Animal of a Tether which is also attached to another object which confines the Animal or limits the movement of the Animal, but does not include the maintenance of an Animal on a leash being held or otherwise under the direct physical control of a Person.

Property or Premises.  Any unplatted parcel, tract or piece of land, improved or unimproved, which is under common Ownership, and any platted lot or combination of lots, or any separately developed portion of a platted lot or combination of lots, which is maintained for a single or common use.  Each business or residential unit within a multi-unit development which is set aside for a tenant or resident’s exclusive use shall constitute a separate Property or Premises.

Provocation.  The willful and intentional teasing, harassment, injuring or abuse of an Animal; or the entry into a fenced or enclosed area or building in which an Animal is lawfully kept or Harbored, other than areas open to the general public during the hours of such public access; or any threatening or violent actions taken against a Person, without legal cause or justification committed in the presence of an Animal which is Owned, kept or Harbored by such Person or by a member of such Person’s immediate family or household.

Refuse.  All waste materials (except Animal body discharges) such as trash, garbage, paper, cardboard, tin cans, glass, wood, metals, salvage or inert materials produced or accumulated in connection with the maintenance of Domestic Animals.

Run At-Large.  An Animal shall be deemed to be Running At-Large when not confined on the Premises of the Owner, Harborer, or keeper within a fenced area or Animal shelter or under the control of a Person, either by lead, cord, leash or chain.  An Animal may be considered confined if on a lead rope or chain which is securely fastened or Picketed in a manner which is sufficient to keep the Animal on the Premises.

Spay or Neuter. To render permanently incapable of producing offspring.

Stray Cat. Any cat that interacts, engages or socializes with humans or displays social behavior.  Any cat that seeks shelter inside a dwelling with humans.  A cat that does not live within a colony, but has a known or suspected Owner. 

Tether. Any leash, rope, chain, lead or other similar apparatus or device by which an Animal is Picketed.

Veterinary Hospital.  A Domestic Animal hospital operated by a Doctor of Veterinary Medicine licensed by the State of Kansas.

(Ord. 4367-00; Ord. 4483-04; Ord. 4770-11; Ord. 4849-14; Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

It shall be unlawful for any Person to Harbor within the City limits, any Animal except those Animals specifically allowed in Section 3-107.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Animals allowed under this article:

(a)   Domestic dogs, except those hybridized with wild canines.  Subject to specific limitations outlined in this Chapter.

(b)   Domestic cats, except those hybridized with wild felines.  Subject to specific limitations outlined in this Chapter.

(c)   Bees.  Subject to specific limitations outlined in Article 7 of this Chapter.

(d)   Chickens.  Subject to specific limitations outlined in Article 8 of this Chapter.

(e)   Chicks. 

(f)   Horses.  Subject to specific limitations outlined in Article 9 of this Chapter.

(g)   Domesticated rodents, except that no more than three (3) Domesticated rodents over the age of six (6) months shall be permitted in a single Property.

(h)   Domesticated European ferrets, except that no more than three (3) Domesticated European ferrets over the age of six (6) months shall be permitted in a single Property.

(i)    Rabbits, except that no more than six (6) rabbits over the age of six (6) months shall be permitted in a single Property.

(j)    Domesticated hedgehogs, except that no more than three (3) Domesticated hedgehogs over the age of six (6) months shall be permitted in a single Property.

(k)   Birds, except for species protected by state or federal law.

(l)    Nonvenomous snakes less than six (6) feet in length, except that no more than three (3) nonvenomous snakes less than six (6) feet in length shall be permitted in a single Property.

(m)  Nonvenomous lizards, except that no more than three (3) nonvenomous lizards shall be permitted in a single Property.

(n)   Turtles, except for species protected by state or federal law.

(o)   Amphibians.

(p)   Any Animal in the control of a Person temporarily and actively transporting such Animal through the City. Persons temporarily transporting such Animals through the City limits, provided that such Animals shall at all times be and remain in enclosed, secured cages or similar containers while within the City limits and do not remain within the City limits for a period in excess of twenty-four (24) hours.

(q)   Any Animal in the Ownership of a bona fide medical institution or accredited educational institution.

(r)    Any Animal temporarily held by an Animal Shelter licensed by the State of Kansas.

(s)   The presence of any such Animals for purposes of demonstrations, livestock shows or exhibitions on any Premises or in any building or structure under the jurisdiction of the City or Harvey County or in connection with 4-H livestock shows or the Harvey County Free Fair.

(t)    A Licensed Person or institution operating a Hobby Breeder Premise and possessing a current   Kansas Department of Agriculture Hobby Breeder License and being in full compliance with Kansas Department of Agriculture regulations. The total number of adult  used for Hobby Breeding is subject to the limitations set forth in this Chapter.

(u)   Traveling circuses and carnivals, provided all necessary licenses and permits are obtained.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Any Person who shall be convicted of violating any provisions of this Article shall be punished by a fine as hereinafter provided. Each day that a violation of this Article occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation. The fine prescribed above for the first conviction for a violation of a provision of this Article shall be an amount not less than $100 nor more than $200; and for the second conviction for a violation of the same provision shall be an amount not less than $200 nor more than $500; and for the third or any subsequent conviction for a violation of the same provision shall be an amount not less than $500 nor more than $1,000. The fine shall be in addition to any applicable court costs or impoundment fees. For the purposes of this subsection, prior convictions shall include any past conviction of the same offense with a conviction date that is within five (5) years prior to the offense date of the offense prosecuted as a second, third or subsequent offense.

(Ord. 4998-19; Ord. 5038-21)