CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. GENERAL PROVISIONS

For the purposes 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)   Animals - means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.

(c)   Animal Control Officer - means any person employed or appointed by the City who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of these sections.

(d)   Animal Shelter - means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.

(e)   At-large - means to be outside of a fence, including a functional underground fence or other enclosure which restrains the animals to a particular premise or not under the immediate control, by leash or pre-approved electronic correction device, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of any street, alley, sidewalk or other public thoroughfares are deemed to be "At-large." 

(f)   Bite - means 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 - means any member of the species felis catus, regardless of sex.

(h)   Dangerous or Vicious Animal - means any animal deemed to be dangerous or vicious per section 2-115.

(i)    Dog - means any member of the species canis familiaris, regardless of sex.

(j)    Fowl - means all animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

(k)   Harbor - means any person who shall allow an animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls.

(l)    Humane Live Animal Trap - means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

(m)  Humanely Euthanize - means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.

(n)   Immediate Control - means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will

(o)   Kennel - means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming or boarding. Any facility otherwise harboring in an enclosure in one location only, seven or more animals.

(p)   Livestock - includes, but is not limited to cattle, horses, goats, sheep or other animals, commonly regarded as farm or ranch animals.

(q)   Neutered - means any male or female cat or dog animal that has been permanently rendered sterile.

(r)    Own - means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal, including but not limited to cats, dogs, exotic animals, fowl and livestock. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

(s)   Owner - means the one who owns, his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in subsection (r) above.

(t)    Pre-Approved Electronic Correction Device- An electronic correction device or electronic collar that has been, prior to its initial use, demonstrated to the Hoisington Police Department and is approved, by the police department’s representative, as a suitable form of restraint for the animal.

(u)   Vaccination - means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.

(v)   Veterinarian - means a doctor of veterinary medicine licensed by the State of Kansas.

(Ord. 1434; Code 2012; Ord. 1481; Ord. 1489; Ord. 1489)

(a)   There is hereby created the position of animal control officer for the city and such officer shall be charged with the enforcement of this chapter. Any person employed by the city as an animal control officer and commissioned by the chief of police of the city shall have such powers and authority as allowed by law in the enforcement of this chapter. All animal control officers shall be subject to the supervision and direction of the chief of police of the city.

(b)   Except as provided in subsection (c), it shall be the duty of the animal control officer to take up and impound all animals found in the city in violation of the provisions of this chapter.

(c)   As an alternative to the provisions of subsection (b) of this section, any law enforcement officer or the animal control officer may issue a citation to the owner, harborer or keeper of any animal in violation of this chapter, and the person receiving the citation shall, within 30 days, appear in the municipal court of the city to answer the charged violation of this chapter.

(Ord. 1434; Code 2012)

When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:

(a)   Place a humane trap on public or a requesting resident's property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city.

(b)   Use any tranquilizer guns, humane traps, or other suitable devices to subdue, capture, or destroy any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety.

(c)   Use firearms or other suitable weapons to destroy any suspected rabid animal, any vicious animal as defined in section 2-115, or any animal creating a nuisance as defined in section 2-111, where such animal is impossible or impractical to catch, capture or tranquilize.

(Ord. 1434; Code 2012)

(a)   The animal control officer or any law enforcement officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this chapter.

(b)   It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties.

(Ord. 1434; Code 2012)

A municipal pound shall be established to carry out the provisions of the provisions of this chapter. Such a pound may be operated by a contractor and all services required herein may be provided by a contractor. When so contracted, the pound shall have the following services and facilities as a minimum:

(a)   Adequate pickup and impounding of all stray and ownerless dogs and cats and animals otherwise in violation of the provisions of this chapter.

(b)   Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter.

(c)   Individual isolation facilities for sick, biting, rabid and suspected rabid animals.

(d)   Facilities for the humane destruction of all unwanted and wanted animals.

(Ord. 1434; Code 2012)

(a)   It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an authorized officer of this city any animal taken up by him or her under the provisions of this chapter, or in any manner interfere with or hinder any authorized officer or employee of this city in catching taking up, or impounding any animal.

(b)   It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed, or interfere in any way with the care of impounded animals.

(Ord. 1434; Code 2012)

It shall be unlawful for any person to:

(a)   Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, poison, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious 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 provided in section 2-108.  The municipal court judge may order a person convicted of violation under this subsection to turn the animal involved over to a designated humane society. All such animals taken by the designated 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, offer for sale, barter, give away, or display animals or fowls which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color. 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 purpose of injuring, killing, maiming, or destroying themselves or any other animal.

(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)   Abandon or leave any animal in any place without making provisions for its proper care.

(h)   These provisions shall not apply to the exceptions sanctioned under section 2-108.

In addition to the penalties provided in section 1-117 of this code, the municipal court judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible.

(Ord. 1434; Code 2012; Ord. 1477)

The provisions of section 2-107 shall not apply to:

(a)   Normal or accepted veterinary practices.

(b)   Bona fide experiments carried on by commonly recognized research facilities.

(c)   Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provision of Chapter 32 or Chapter 47 or the Kansas Statutes Annotated.

(d)   Rodeo practices accepted by the rodeo cowboys' association.

(e)   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 by an authorized agent such as a licensed veterinarian, at the request of the owner.

(f)   The humane killing of an animal by a public health officer in the performance of his or her official duty.

(g)   The humane killing of an unclaimed animal after three full business days following the receipt of such animal at a municipal pound or an incorporated humane society shelter by the owner, operator or authorized agents of such establishments.

(Ord. 1434; Code 2012)

It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to possess and maintain any animal or fowl within the city or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats or swine, or undomesticated animals are kept. This provision shall not apply to:

(a)   The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city.

(b)   The maintaining of dogs and cats which are regulated by Article 2 of this chapter.

(c)   The maintaining of non-poisonous and non-vicious animals and fowl which are commonly kept as household pets, such as hamsters, rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with section 2-113 of this chapter.

(d)   The transporting of animals through the city by ordinary and customary means.

(Ord. 1434; Code 2012)

It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.

(Ord. 1434; Code 2012)

It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute a nuisance. For the purpose of this section, nuisance is defined as any animal which:

(a)   Molests or interferes with persons in the public right- of-way.

(b)   Attacks or injures persons, or other domestic animals.

(c)   Damages public or private property other than that of its owner or harborer by its activities or with its excrement.

(d)   Scatters refuse that is bagged or otherwise contained.

(e)   Causes any condition which threatens or endangers the health or wellbeing of persons or other animals.

If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.

(Ord. 1434; Code 2012)

The keeping, or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited and declared to be a public nuisance and unlawful under this chapter. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the nuisance, and if he or she fails to do so the city may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner.

(Ord. 1434; Code 2012)

(a)   It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor, and devoid of rodents and vermin.

(b)   Excrement shall be removed at least once each week from any pen or yard area where animals are kept, and if stored on the premises by any animal owner, shall be stored in adequate containers with fly-tight lids.

(c)   All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d)   All premises on which animals are kept shall be subject of inspection by the animal control officer, or authorized officer, or employee of this city. If the animal control officer, or authorized officer, or employee of this city determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.

(Ord. 1434; Code 2012)

All dead animals shall be disposed of by the owner or keepers within six (6) hours of the animal's death, by burial, incineration in a facility approved by the animal control officer, by rendering or by other lawful means approved by the animal control officer. No dead animal shall be dumped on any public or private property.

(Ord. 1434; Code 2012)

(a)   Prohibited - It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the animal control officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer or his or her agent, to impound such animal.

(b)   Defined - For purposes of this chapter a vicious animal shall include:

(1)   Any animal with a known propensity, tendency, aggressive nature, training or characteristic behavior or disposition to attack unprovoked any human being or domestic animal, which would present a risk of serious physical harm or death to human beings or domestic animals, to cause injury to or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties.

(2)   Any animal which attacks a human being or domestic animal without provocation;

(3)   Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;

(4)   Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack any law enforcement officer while such officer is engaged in the performance of official duty;

(5)   Any animal that has aggressively bitten, attacked, endangered or inflicted injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack;

(6)   Has severely injured or killed a domestic animal while off the owner's property.

(c)   Complaint - Whenever a complaint is filed in the municipal court against the owner of an animal alleging that such animal is vicious and in violation of this section, the municipal judge shall consider the following:

(1)   The seriousness of the attack or bite;

(2)   Past history of attacks or bites;

(3)   Likelihood of attacks or bites in the future;

(4)   The condition and circumstances under which the animal is kept or confined;

(5)   Other factors which may reasonably relate to the determination of whether or not the animal is vicious.

(d)   Vicious Dogs to be Muzzled - It shall be the duty of every owner, keeper or harborer of any dog in the city, which dog is vicious or has been known to bite, chase, or run after any person or animal in the streets, alleys, or any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the city limits contrary to this section shall be guilty of a violation of this code.

(e)   Confinement - Except when leashed and muzzled as provided in this section, a vicious dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designated to prevent the dog from escaping. The enclosed structure shall be kept clean and sanitary condition and shall meet the following requirements:

(1)   The structure must have secure sides and a secure top, or all sides must be embedded not less than one foot into the ground; and

(2)   The structure must have a bottom permanently attached to the sides, or the sides must be embedded not less than one foot into the ground; and

(3)   The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.

(4)   No vicious dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such a building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(f)   Liability Insurance - The owner of a vicious dog shall present to the chief of police proof that he has procured liability insurance or a surety bond in the amount of not less than Two Hundred Fifty Thousand Dollars ($250,000) covering any damage or injury that may be caused by such vicious dog. The policy shall contain a provision requiring that the City be notified immediately by the agent issuing the policy in the event that the insurance policy is cancelled, terminated or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the 12-month period for which a permit is sought, unless he ceases to own or keep the dog prior to the expiration date of the permit period.

(g)   Notification of Escape - The owner or keeper of a vicious dog shall notify the chief of police immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.

(h)   Permit and Tag Required for a Dangerous Dog:

(1)   The owner of a dangerous dog shall obtain an annual permit from the chief of police to harbor the dog. The fee for such permit shall be $50.00 per year.

(2)   At the time the permit is issued, a red circular tag shall be issued to the owner of the dangerous dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a dangerous dog.

(3)   The permit for maintaining a dangerous dog shall be presented to an animal control officer upon demand.

(i)    Immediate Destruction - Nothing in this chapter shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.

(j)    Release of Vicious Animals: If a complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the Chief of Police or his designee. The municipal judge shall also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. When any animal remains unclaimed for 72 hours after its release has been authorized by the Chief of Police or his designee, the judge may, upon making a finding that such animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section. An owner of an animal seized pursuant to this section may, after such time as the animal has been found to be rabies-free, direct or take steps to insure that the animal is euthanized so long as the owner has paid all costs incurred by the City of Hoisington.

(k)   Sentencing and Fine: An owner of a vicious animal who is found violating any provision of this section of the City Code may be sentenced by the municipal court judge for a Class C violation as set forth in the Uniform Public Offense Code for Kansas Cities. Such punishment may include a definite term of confinement in the county jail not to exceed 30 days and a fine in a sum not to exceed $500 along with any costs incurred by the City for impoundment or disposal. Further, the minimum fine for any such violation shall be $100 along with any costs incurred by the City for impoundment or disposal.

(Ord. 1434; Code 2012; Ord. 1481)

(a)   The animal control officer or law enforcement officer may impound any animal, other than dogs or cats, found at large in the city or otherwise creating a nuisance, in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of such animal and shall notify the owner thereof of such impoundment as soon as reasonable possible. The city shall be entitled to receive from such owner the actual cost of feeding and maintaining such animal while impounded. In case the identity of the owner of such impounded animal cannot be ascertained, such animal shall be considered a stray.

(b)   The city shall be entitled to receive from the owner of such animal an impoundment fee of $50.00 for the first offense plus the board bill and related costs, an impoundment fee of $100.00 for the second and subsequent offenses plus the board bill and related costs.  If a non-neutered animal is impounded for being at large for a second time within a twelve-month period, the owner shall be required to have their animal neutered before it is released.

(c)   In case the identity of the owner of the such animal cannot be ascertained, the animal control officer or law enforcement officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code.

(d)   The animal control officer shall each month submit a report to the city manager showing the number of animals impounded and disposed of, and the fees collected pursuant to this article and shall pay those fees to the city clerk for credit to the general operating fund.

(Ord. 1434; Ord. 1481; Ord. 1489)

(a)   The animal control officer or law enforcement officer may impound any animal, other than dogs or cats, found at large in the city or otherwise creating a nuisance, in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of such animal and shall notify the owner thereof of such impoundment as soon as reasonable possible. The city shall be entitled to receive from such owner the actual cost of feeding and maintaining such animal while impounded. In case the identity of the owner of such impounded animal cannot be ascertained, such animal shall be considered a stray.

(b)   The city shall be entitled to receive from the owner of such animal an impoundment fee of $50.00 for the first offense plus the board bill and related costs, an impoundment fee of $100.00 for the second and subsequent offenses plus the board bill and related costs.

(c)   In case the identity of the owner of the such animal cannot be ascertained, the animal control officer or law enforcement officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code.

(d)   The animal control officer shall each month submit a report to the city manager showing the number of animals impounded and disposed of, and the fees collected pursuant to this article and shall pay those fees to the city clerk for credit to the general operating fund.

(Ord. 1434; Ord. 1463; Ord. 1481)

At any time before the sale or destruction of any animal impounded under the provisions of this article, except for animals impounded under sections 2-115 (vicious) and 2-119 (rabid), the owner thereof may redeem the animal by paying the animal control officer or any person in charge, the impounding fee and all costs incurred as a result of such impoundment.

(Ord. 1434; Code 2012)

(a)   Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in a veterinary hospital or animal care facility for a period of not more than 30 days during which time the local health officer shall determine whether or not such animal is suffering from a disease and, if not, the local health officer shall authorize the release of the animal upon payment by the owner of the boarding fee and other related costs therefore. The health officer may authorize the keeping of any such animal on the owner's premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment cost shall be borne by the owner. If in the vaccination opinion of the local health officer symptoms develop justifying a microscopic examination, then the animal shall be euthanized and examination made by the state board of health.

(b)   In lieu of the provisions of subsection (a), the owner of any such animal may, at his or her own expense, take such animal to any duly qualified and licensed veterinarian in the city for observation. Such veterinarian shall report his or her findings in writing to the local health officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be euthanized and examination made by the state board of health.

(c)   Any animal desired for observation by the local health officer under this section shall be delivered to the animal control officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored.

Any person violating this provision shall be guilty of a violation of the code. Upon refusal of any person to so deliver such animal, the municipal judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.

(Ord. 1434; Code 2012; Ord. 1481)

Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer, and/or the police department. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:

(a)   The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and

(b)   If the bitten animal has a current vaccination, it shall be confined for 90 days; and

(c)   The bitten animal shall be released from confinement only upon written order from the local health officer, who declares the animal to be free of rabies; and

(d)   If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.

(Ord. 1434; Code 2012)

Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the animal control officer or any law enforcement officer.

(Ord. 1434; Code 2012)

The mayor is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any police officer, or the animal control officer of the city. The owner of such animal shall be prosecuted for such violation thereof.

(Ord. 1434; Code 2012)

(a)   No person or household shall own or harbor more than six dogs or cats of more than three months of age in any combination.  No person or household shall engage in the commercial business of breeding, buying, selling, trading, training, or boarding cats or dogs or both cats and dogs, without having obtained a kennel license from the city clerk.

(b)   Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been issued by the animal control officer certifying approval of the kennel and compliance with the applicable laws of the city and the State of Kansas, and a certificate by the zoning code enforcement officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the city clerk has not received any protest against the kennel, the city clerk may issue a renewal of any existing kennel license at the same location without any report from the animal control officer and zoning code enforcement officer. If the animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the city clerk, and the license shall not be renewed except after a public    hearing before the governing body.

(c)   The animal control officer, the zoning enforcement officer, or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.

(d)   The governing body may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following:

(1)   The kennel is maintained in violation of any applicable law of the State of Kansas, or of the city.

(2)   The kennel is maintained so as to be a public nuisance.

(3)   The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(e)   The annual kennel license fee shall be $25. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise require under this chapter.

(f)   This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.

(Ord. 1434; Ord. 1463)

The owner or keeper of any animal shall notify the police department immediately if their animal escapes or is suspected to be running at large.

(Ord. 1489)