Unless otherwise specified, the following terms as used in this article shall be defined as follows:
(a) Agricultural Classification shall apply to Persons who maintain domestic Animals or bees on Premises having a land area of five (5) acres or more and where there are maintained no more than one (1) head of cattle, or two (2) head of sheep, or one (1) head of horses or two (2) head of goats per acre of land used for such maintenance and where part of the Animal’s sustenance is obtained from grazing on said land area.
(b) Animal or Animals shall mean all vertebrate Animals, other than homo sapiens, that have been tamed or domesticated.
(c) Animal Shelter shall mean the City of Wichita, Kansas, Animal care facility, unless a different Animal care facility is designated by the City Council for the purpose of Impoundment of Animals by the Code Enforcement Officer pursuant to the enforcement of provisions of this article.
(d) Bite shall mean any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin caused by any Animal.
(e) Board of Health and Appeals shall be the Board of Health and Appeals that was heretofore established by ordinance of the City.
(f) Cattery shall mean any Premises where four (4) or more cats or more than two (2) unspayed female cats are maintained or harbored, or any Premises where any number of cats are boarded for financial gain, except Veterinary Hospitals. No more than three (3) additional cats may be maintained on site as visitors, and for no longer than two (2) consecutive weeks, before the site must be classified as a Cattery.
(g) Chief of Police shall mean the duly appointed official in charge of the Park City Police Department or a duly authorized law enforcement officer.
(h) City means the City of Park City, Kansas.
(i) City Clerk means the City Clerk of the City;
(j) Code Enforcement Officer shall mean the Person or Persons designated by the Governing Body as a Code Enforcement Officer or his/her designee.
(k) Commercial Classification shall apply to Persons who maintain domestic Animals on Premises used for Kennels, Catteries, poultry houses, rabbit slaughter houses, medical research facilities, pet shops, stables, riding academies, promotional demonstrations and domestic Animal shows where admissions are charged or where the circumstances in carrying out the particular Animal maintenance involves the holding, raising or care of domestic Animals offered as a service or sale directly to the general public. A Cattery where the Cattery operator owns all of the cats and all cats are kept inside a building on Premises used for Residential purposes shall be permitted as a home occupation.
(l) Fowl shall mean Animals that are included in the zoological class “Aves”.
(m) Frequent or Habitual Noise shall mean barking, howling, yelping, crying, crowing or other noise made by an Animal for a total of at least fifteen (15) minutes in a three (3) hour period on at least two (2) days of three (3) consecutive days and within three hundred (300) feet of the property line of the Premises where an Animal making a Frequent or Habitual Noise is located.
(n) Garbage shall mean the putrescible Animal and vegetable Waste resulting from the handling, preparation, cooking and/or consumption of food for human beings.
(o) Harborer shall mean any Person who shall allow any Animal to habitually remain or lodge or to be fed within Premises.
(p) Impoundment shall mean Animal pick-up by Code Enforcement Officer and placement in the Animal Shelter.
(q) Kennel shall mean the Premises where a total of four (4) or more dogs or more than two (2) unspayed female dogs are maintained on a permanent basis, or where boarding and/or training of any number of dogs is done for compensation, except Veterinary Hospitals. No more than three (3) additional dogs may be maintained on site as visitors, and for not longer than two (2) consecutive weeks, before the site must be classified as a Kennel.
(r) Owner shall mean the Person who harbors, as defined hereinabove, an Animal and/or has a permit to keep an Animal or the Person in charge or control of the Premises where the Animal is located. A parent or legal guardian is the Owner of Animal(s) maintained by children under the age of eighteen (18) years living in their home, when said Animal(s) is on the parent or legal guardian’s Premises.
(s) Person shall mean any individual, firm, association, joint stock company, syndicate, partnership or corporation.
(t) Pot Belly Pig shall mean a domesticated, miniature Vietnamese, Chinese or Asian pot-bellied or pot-belly pig not exceeding one hundred fifty pounds in weight and 24 inches in height measured at the shoulder: provided, however, that the governing body may waive strict compliance with the weight and height restrictions set out above if they find to do so would not threaten the health, safety and welfare of the City and its residents.
(u) Premises shall mean a lot, tract, or parcel of land including the dwelling and structures, if any, located thereon.
(v) Registered Breeder shall mean a dog or cat Owner who is a member of a recognized association as determined by the Code Enforcement Officer, whose interest and purpose is related to purebred Animals, or a dog Owner who has his/her dog(s) registered with the American Kennel Club or the United Kennel Club; or a cat Owner who has his/her cat(s) registered with the American Cat Association or Cat Fancier’s Association, and who declares, in writing, an intent to breed such dog(s) or cat(s). Any such association may petition the Code Enforcement Officer for recognition and provide verification for certification of members as Registered Breeders. All Registered Breeders shall provide a fenced or equivalent confinement area for his/her Animals.
(w) Refuse shall mean all putrescible and non-putrescible Waste materials (except Animal bodily discharges) such as trash, dead Animals, paper, cardboard, tin cans, glass, wood, metals, salvage or inert materials produced or accumulated in connection with the maintenance of domestic Animals.
(x) Resident shall mean a Person who resides on property within the city limits of the City of Park City.
(y) Running at Large shall mean any Animal that is not confined within a Shelter as defined herein or under the control of a Person either by leash, cord, rope or chain; provided, that any Animal may be considered confined if it is on a leash, rope or chain which is securely fastened or picketed in a manner which is sufficient to keep the Animal on the Premises where picketed.
(z) Service Dog shall mean any dog trained to assist Persons of lesser abilities.
(aa) Shelter shall mean all pens, houses, fences, or fence enclosures where Animals are confined, such as, but not limited to, hutches, cotes, lofts, Kennels, warrens, feed lots, barns, stables, or other buildings or enclosures.
(bb) Veterinarian shall mean a doctor of veterinary medicine licensed by the State of Kansas.
(cc) Veterinary Hospitals shall mean a domestic Animal hospital operation by a Veterinarian, licensed by the State of Kansas. Veterinary Hospitals are excluded from the classification definitions as used in this article.
(dd) Vicious Animal means the following:
(1) Any Animal that when unprovoked inflicts Bites or attacks a human being or domestic Animal either on public or private property, or in a vicious or terrorizing manner, approaches any Person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or
(2) Any Animal that has a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic Animals; or
(3) Any Animal which engages in, or is found to have been trained to engage in, exhibitions of fighting; or
(4) Any Animal at large found to attack, menace or chase, in a threatening or aggressive behavior or otherwise threaten or endanger the safety of any Person or domestic Animal.
Vicious Animal-does NOT mean:
(1) Any Animal that attacks or inflicts Bites upon a trespasser of a fully enclosed building or Premises, or Bites in defense of its Owner or family;
(2) Any Animal that attacks or inflicts Bites upon any Person or other Animal for the sole purpose of defending life and/or well being of another Person or Animal.
(3) Any Animal used in the military or police if the Bites or attack occurred while the Animal was performing in that capacity.
(ee) Waste or Wastes shall mean manure or the bodily discharge of all domestic Animals, spilled feed or unconsumed feed, and liquid cleaning Wastes including suspended solids resulting from cleaning operations.
(ff) Written Complaint shall mean a written form prepared by the Code Enforcement Officer that is filled out and signed by Residents.
(Ord. 921; Ord. 958; Code 2021)
(a) The Code Enforcement Officer shall be responsible for the enforcement of this article, as well as any law enforcement officer who is called upon by the Code Enforcement Officer for assistance. The Code Enforcement Officer is hereby authorized to make investigations and mail notices, orders or directions as necessary for enforcement of this article and to pick up Animals on public and/or private property as deemed necessary by the Code Enforcement Officer, and to arrange and pay for confinement of such Animals at the Animal Shelter, with the costs of the same to be charged to the Owner and/or Harborer of said Animal(s).
(b) The Code Enforcement Officer shall have the power of a law enforcement officer for the purpose of signing complaints and serving Notice(s) to Appear upon such Person(s) when the Code Enforcement Officer has probable cause to believe such Person(s) has or is violating a section of this article.
(c) Any Animal that has bitten a Person may, in accordance with law, be removed from the property of its Owner or Harborer by the Code Enforcement Officer and such Animal may be impounded.
(d) The Code Enforcement Officer is hereby authorized to use humane live Animal traps to capture any Animal whose presence on private or public property constitutes a nuisance to Persons or a threat to the public health or the health of domestic Animals.
(e) Whenever any Animal is found confined in a motor vehicle in a private place under weather conditions that endanger its life as determined by a Code Enforcement Officer, the Code Enforcement Officer may, with assistance from the police, enter such vehicle and rescue such Animal and remove it to the Animal Shelter.
The Chief of Police shall furnish the Code Enforcement Officer with such information on Animal Bites as may be prescribed by the Code Enforcement Officer and carry out such activities as are herein provided, and has authority and duty to enforce the provisions of this article either personally or through his representatives.
(a) Licensing and Exception. It shall be unlawful for a Person to own, keep, or harbor any dog or cat over five (5) months of age within the City limits unless there has been issued a permit for keeping each such dog or cat and without such dog or cat having a current vaccination against rabies performed by a Veterinarian.
(b) The Owner of a dog or cat over five (5) months old is hereby required to register such dog or cat with the City Clerk and make application for and obtain a permit to keep such dog or cat as herein provided..
(c) The City Clerk shall provide suitable forms in triplicate and may supply the same to Veterinarians practicing in the City or the immediate vicinity. Such forms are to be designed to receive information on the dog’s or cat’s description, date of rabies vaccination, veterinary tag number, Veterinarian’s signature, whether the dog or cat is spayed or neutered, whether a fenced yard or fenced run is available for confinement of the dog or dogs, whether the animal has been microchipped, and the Owner’s name, address and phone number. Such forms will serve as application to keep a dog or cat and the actual permit when validated.
(d) The City Clerk shall issue said permits and shall collect the fees provided for and the City Clerk shall make the arrangement for the collection of fees and issuance of annual permits to keep a dog or cat by area Veterinarians and the providing of the Animal permits, collection of permit fees, and other fees. Such arrangements shall be subject to the approval of the Governing Body of the City.
(e) The Premises of the Dog Owners shall be available for inspection by the Code Enforcement Officer to insure a fenced yard or fenced run is available that can adequately confine the dog, if so stated in the permit application. The foregoing provisions shall also be applicable to cats excepting information concerning whether a fenced yard or run is available for confinement of the Animal and the provision for inspection thereof.
(f) The permit for keeping each dog or cat shall be Thirty-Five Dollars ($35.00) for each dog and Twenty-Five Dollars ($25.00) for each cat, with a discount of Ten Dollars ($10.00) for each dog if the Owner’s dwelling or place where the dog resides has a fenced yard or fenced run that would adequately confine the dog, a discount of Five Dollars ($5.00) if the Animal has been spayed or neutered, and a discount of Five Dollars ($5.00) if the Animal has been micro-chipped. An Owner of a Service Dog or a police department’s, sheriff department’s or other law enforcement agency’s dog shall not be required to pay the permit fees upon obtaining the license to keep the dog, but shall be subject to all other requirements contained in this article. An additional processing fee not to exceed two dollars ($2.00), to be retained by the Veterinarian, will be imposed for each Animal licensed through a Veterinarian.
(g) The City Clerk or designated representative of the same shall impose and collect a One Dollar ($1.00) penalty for each thirty (30) days beginning thirty (30) days following the expiration of the previous permit, and prior to the acquisition of a current permit, or in the event of a dog or cat not being previously or currently covered by a permit, beginning thirty (30) days following the Owner having been notified to obtain such permit.
(h) The permit described above shall be for a twelve (12) month period and shall be issued only upon the Owner seeking such permit presenting proof of the vaccination of a dog or cat against rabies, with the vaccination having been performed by a Veterinarian and with proof of vaccination dated not more than thirty (30) days prior to the date of issuance of the permit. In order to qualify for a discount for spaying or neutering or micro-chipping, the Owner shall present certification from a Veterinarian showing that such a procedure has been performed on an Animal. Animals shall have attached to their collars around their neck, the current metallic tag for that particular Animal, issued by the Veterinarian administering the current rabies vaccination, distinctly marked with the year of the vaccination, the Veterinarian’s name, the Veterinary Clinic name, address and tag identification number; provided, however, that a vaccination may be waived at the full discretion of the Code Enforcement Officer, but only if the Owner of such dog or cat shall exhibit a statement from the Veterinarian currently dated, certifying that such vaccination would be injurious due to the health of the Animal. The current rabies vaccination on a cat shall be made available for inspection immediately by any Person owning or harboring a cat upon the request of the Code Enforcement Officer.
(Ord. 869; Ord. 1019; Ord. 1020; Code 2021)
(a) Any false statements in rabies certification or application for a license to keep a dog or cat shall render null and void the permit issued to the Owner for keeping such dog or cat.
(b) Any Person who makes a false statement in any application, affidavit or other document required by this article or any regulation prescribed thereby is guilty of a misdemeanor.
(a) It shall be unlawful for any Person to maliciously kill, maim, disfigure, torture, beat with a stick, chain, club, or other object, mutilate, burn, or scald with any substance, or drive over or otherwise cruelly set upon any Animal, except that reasonable force may be employed to drive off dangerous, vicious, or trespassing Animals. Exception: The Owner of any sick or injured Animal may euthanize the Animal if it is done in a humane way and no City; county or state laws are violated.
(b) It shall be unlawful for any Person to drive or work any Animal cruelly.
(c) It shall be unlawful for any Person to fail, refuse, or neglect to provide any Animal in his or her charge or custody, as Owner or otherwise, with wholesome food, potable water, shade, care or Shelter appropriate to the season and weather conditions (to include, but not be limited to, heat, cold, wind, ice, precipitation), exercise area, and medical care, and/or to carry any Animal in or upon any vehicle in a cruel or inhumane manner. Any Animal kept outside shall be provided with a clean, structurally sound, weatherproof enclosure, large enough to accommodate the Animal, and adequate to provide the Animal proper Shelter as generally described hereinabove.
(d) It shall be unlawful for any Person to abandon any Animal within the City limits of the City.
(e) It shall be unlawful for any Person by any means to make accessible to any Animal, with the intent to cause harm or death, or reckless disregard for the safety of an Animal, any substance that has, in any manner, been treated or prepared with a harmful or poisonous substance. It is not, however, the intent of this section to prohibit the use of poisonous substances for control of vermin of significance to public health, but to require that the use of such substances not occur with disregard for the safety of Animals the subject of regulation herein.
(f) Every operator of a motor vehicle or other self-propelled vehicle upon the streets and roadways of the City, except emergency vehicles, shall immediately, upon injuring, striking, maiming, or running down any Animal, notify the police department of the location, and the police department shall notify any agency, as it deems necessary.
(g) It shall be unlawful for any Person to promote, stage, hold, manage, conduct, carry on, or attend 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.
(h) It is unlawful for any Person to have, keep, or harbor any Animal which is infected with any dangerous or incurable and/or painfully crippling condition except as provided herein. The municipal court judge may order a Person convicted under this section to turn the Animal involved over to the Animal Shelter. All such Animals taken by the Animal Shelter may be humanely destroyed as soon thereafter as is conveniently possible, with the Owner of the Animal to be assessed any costs associated with the maintaining and subsequent destroying of the Animal. This section shall not be construed to include Veterinary Hospitals or Animals under active veterinary care, which care the Code Enforcement Officer may require to be verified in writing by the Owner or Harborer of the Animal.
(i) It shall be unlawful for any Person to permit anyone other than a Veterinarian to dock or crop an Animal’s ears or tail.
(j) The trapping of Animals shall be prohibited everywhere in the City unless done with the use of “live capture” traps employed for nuisance Animals and attended at least once each twenty-four (24) hours, except that this provision shall not apply to the trapping of vermin which cause significant health issues for the public.
(k) Animals shall not be induced to perform through the use of chemical, mechanical, electrical or manual devices in a manner which may cause injury or suffering. All equipment must fit properly.
(l) It shall be unlawful to offer to give or give a live Animal as a prize or as a business inducement or as any other form of gratuity, except purebred livestock given away as a part of a farm youth organization program.
(m) It shall be unlawful to display for sale, sell, exchange, barter, or give away any Animal except in the following places:
(1) A commercial Animal establishment having a valid business license.
(2) A private Kennel or Cattery registered under this article.
(3) A private residence.
(n) It shall be unlawful to confine calves, sheep, or hogs by tying their legs, except during a properly licensed rodeo, or in any way confine them in closed boxes or otherwise, or possess any calves, sheep or hogs so tied or confined, or load into any conveyance, for the purpose of transportation, any Animal in a cruel or inhumane manner.
(o) Other than an individual when actually in the process of working a dog or other Animal for ranching purposes, no Person shall transport or carry an Animal in a motor vehicle, unless the Animal is safely enclosed within the vehicle, or secured by means of a container, cage, or other device that will prevent the Animal from falling from, jumping from, or being thrown from the motor vehicle.
(p) No Person shall leave any dog or other Animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the Animal to extreme temperature that may adversely affect the health or well being of the Animal.
(q) It shall be unlawful for any Person to possess, display, sell or give away ducklings, chicks, Fowl, or rabbits as pets, playthings, novelties, gifts, for advertising or sales promotional purposes, or to suffer or cause such Animals to be dyed, colored, or in any way artificially treated.
(r) This section shall not be construed to prohibit the display by hatcheries, stores, Owners, dealers, or Persons regularly and continuously engaged in the business of selling the same to be raised for food; but no such hatcheries, stores, Owners, dealers, or Persons shall sell or give away baby chicks, ducks, Fowl, or rabbits as pets, playthings, or novelties; nor shall they suffer or cause such Animals or Fowl to be dyed, colored, or in any way artificially treated.
(s) Exceptions; the provisions of this section shall not be deemed applicable to:
(1) Rodeo practices accepted by the rodeo cowboys’ association;
(2) With respect to farm Animals, normal or accepted practices of Animal husbandry;
(3) A Code Enforcement Officer trained in the use of chemical immobilization capture with the appropriate dosage for the size of the Animal, when such Animal is dangerous or vicious or could not be captured after reasonable attempts using other methods.
(4) Accepted veterinary practices or activities carrying on scientific research.
(t) Any Person who witnesses a violation of this section may sign a complaint with the Department of Code Enforcement to cause the same to be brought before the Municipal Court of Park City, Kansas.
It shall be at the sole discretion of the Code Enforcement Officer to determine whether the best interests of public safety and welfare require confinement of an Animal as being a Vicious Animal prior to a hearing as provided in Section 8 hereof. Upon such declaration by the Code Enforcement Officer and the taking of such an Animal for confinement at an Animal Shelter and/or in the manner and location he or she deems appropriate, the Owner thereof shall be charged with the fees assessed by the Animal Shelter for the daily maintenance of said Animal.
(a) Upon the complaint of any Person or on his or her own complaint, the Code Enforcement Officer may, after written notice of time and place is given to the Owner and/or Harborer of any Animal, cause to be conducted a hearing by the Board of Health and Appeals for purposes of the Board of Health and Appeals determining whether or not an Animal is a Vicious Animal. In making a determination, the Board of Health and Appeals shall consider the following:
(1) The seriousness of any attack or wound associated with the Animal;
(2) The past history of wounds inflicted by the Animal;
(3) The potential propensity of the Animal to inflict wounds in the future;
(4) The conditions existing when said Animal inflicted said wound or wounds;
(5) The conditions under which the Animal is kept and maintained.
(b) If the Board of Health and Appeals determines that an Animal is a Vicious Animal, they may authorize the Code Enforcement Officer to pick up and retain the Animal and arrange for the Animal’s destruction through the Animal Shelter or, in lieu of such action, the Board of Health and Appeals may permit the confinement of the Animal in a manner or location that the Board of Health and Appeals deems appropriate and charge the Owners and/or Harborers of said Animal a reasonable fee for such confinement unless, without danger to the public, the Animal can be and is removed by the Owner and/or Harborer from the City within forty-eight (48) hours.
(a) It shall be unlawful for anyone to refuse to identify himself or herself by correct name and address when asked to do so by the Code Enforcement Officer when the Code Enforcement Officer has a reasonable suspicion to believe that such Person has violated a section of this article.
(b) It shall be unlawful for anyone to interfere with, molest, threaten with bodily injury, injure or prevent the Code Enforcement Officer in the lawful discharge of his or her duties as herein prescribed.
(a) Any Owner or one who harbors any Animal that inflicts an unprovoked Bite to a human shall be deemed guilty of a misdemeanor.
(b) Any Person having an Animal Bite shall report or have reported by another Person, physician, hospital, or law enforcement agency, to the Department of Code Enforcement information concerning the Animal Bite, including the victim’s name, address and telephone number, a description of the Animal and, if known, the name and address of the Animal’s Owner or Harborer. Said reporting shall occur immediately, but in no event more than twenty-four (24) hours from the time of the Bite.
2-111. Procedure of retention; observation and
disposition of animals which have
bitten persons or other animals.
The police department shall report all Animal Bite cases coming to its attention from any hospital or other source and shall convey such information to the Code Enforcement Officer. The Owner or Harborer of any Animal which has been determined by the Code Enforcement Officer to have bitten a Person or another Animal, shall confine and render to the Code Enforcement Officer such Animal for rabies observation purposes, in accordance with the instructions of said officer and such Owner shall be responsible for payment of any cost for such confinement.
(a) In case of rabies exposure to domestic Animals such as, but not limited to, dogs or cats, when such Animal is known to be rabid or has been bitten by a rabid skunk or other rabid Animal, the Code Enforcement Officer may order such Animal to be destroyed or confined for a period of ninety (90) days in a Veterinary Hospital or Animal care facility specified by the Sedgwick County Health Officer; provided, further, that in the case of domestic Animals unvaccinated against rabies, the Sedgwick County Health Officer may require post-exposure prophylaxis and one hundred eighty (180) day confinement of such Animals that have been exposed to a known rabid Animal at a Veterinary Hospital or an Animal care facility.
(b) Any Owner or Harborer of any Animal that has been ordered confined for rabies observation purposes by the Code Enforcement Officer or designee or the Sedgwick County Health Officer that is not confined in accordance with such order or runs at large shall be guilty of a misdemeanor.
The Owner or Harborer of an injured Animal taken to a Veterinarian or Animal Shelter by the Code Enforcement Officer or designee shall be responsible for the payment of charges for Veterinarian services related thereto. The Owner and/or Harborer shall reimburse the City for all expenditures that the City may be assessed for the veterinary services rendered to the Owner or Harborer’s Animal under this section. In addition, the Owner or Harborer of said Animal shall be assessed a Forty Dollar ($40.00) fee for the delivery to the Animal Shelter and/or Veterinarian.
It shall be unlawful to keep, harbor, own or in any other way possess within the City limits:
(a) Any warm-blooded carnivorous or omnivorous wild or exotic Animal.
(b) Any Animal able to deliver or cause a poisonous Bite(s);
(c) Any pit bull dog as defined:
(1) The bull terrier breed of dog;
(2) The Staffordshire bull terrier breed of dog;
(3) The American pit bull terrier breed of dog;
(4) The American Staffordshire terrier breed of dog;
(5) Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as or includes pit bulls, pit bull dogs, or pit bull terriers;
(6) Any other dog which has the appearance and characteristics of being predominately of the breed of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or any other breed commonly known as pit bull dogs or pit bull terriers; or any combination of these breeds.
(d) Any rooster chicken on Premises other than those that qualify as Agricultural or Commercial Classification.
EXCEPTION: A pit bull dog as defined in (c) above may be allowed if the owner presents to the City Department of Code Enforcement a statement from a licensed veterinarian to the effect that the animal seems to be well socialized and not a threat to the public.
(Ord. 921; Code 2021)
(a) Anyone who is an Owner, or one who keeps or harbors, any Animal (other than domestic cats) found Running at Large within the City limits shall be deemed guilty of a misdemeanor. Knowledge or intention on the part of the Owner or Person who harbors or keeps such an Animal shall not be an element or elements of this offense.
(b) This provision shall not apply to:
(1) Domestic pigeons or cats, which shall, however, be under reasonable restraint to prevent such nuisance activities as are prohibited in this article;
(2) Any Person of lesser abilities using a Service Dog in the customary manner shall be deemed to be in compliance with subsection (a) hereof;
(3) Official use of dogs by any governmental unit shall be deemed in compliance with subsection (a) hereof;
(4) An Owner, while participating in or training for obedience classes or trials, shall be deemed to be in compliance with subsection (a) hereof. Evidence of this shall be shown by the fact that the dog and Owner are going through standard obedience exercises, the Owner has a leash on the Owner’s Person, and the dog is under immediate control. The dog’s tags must be readily available on the Owner’s Person.
(c) The prohibition of this section shall not apply to bona fide:
(1) Zoos, as defined by the American Association of Zoological Parks and Aquariums;
(2) Medical Institutions;
(3) Educational Institutions;
(4) Veterinary clinics in possession of these Animals;
(5) Circuses, if properly licensed by the City;
(6) Carnivals, if properly licensed by the City;
(7) Persons temporarily transporting such Animals through the City.
(d) It shall be unlawful for any Person to:
(1) Break or train any horse or other Animal on or within the reach of any street, sidewalk, or other public place within the corporate limits of the City;
(2) Keep or harbor any Animal which, by Frequent or Habitual Noise, disturbs two (2) or more Residents of separate households.
(A) First Notice. A written notice may be given to the Owner of an Animal who makes Frequent or Habitual Noise when two (2) or more Residents file a Written Complaint with the City Code Enforcement Officer. Such written notice shall be signed by a City Code Enforcement Officer and shall give the Person or Persons to whom it is directed no less than seventy-two (72) hours nor more than one hundred twenty hours (120) hours to remove or abate the Frequent or Habitual Noise. Such written notice may be posted at such Premises when an Owner cannot be found on the Premises.
(B) Complaints after First Notice. Upon receipt of a second Written Complaint from two (2) or more Residents of separate households concerning an Animal making Frequent or Habitual Noise within thirty (30) days from the date a first written notice was served, the City Code Enforcement Officer may cause a complaint to be filed in municipal court against the Owner of the Animal, charging the Owner with violation of this section. Before a complaint is filed, the Code Enforcement Officer shall ascertain that at least two (2) Residents from separate households will be willing to testify in court regarding the Frequent or Habitual Noise. Such Residents shall sign a written statement on a form prepared and approved by the City Code Enforcement Officer as to their willingness to appear and testify in court.
(C) Prior Convictions. The notice requirements set forth herein shall not apply to filing of Complaints against Persons who have been convicted of violating this section within the previous twelve (12) months, and upon receipt of a Written Complaint from two (2) or more Residents of separate households concerning such an Owner keeping or harboring an Animal who makes Frequent or Habitual Noise, the City Code Enforcement Officer may cause a complaint to be filed in municipal court against such an Owner charging the Owner with violation of this section. Such Residents shall sign a written statement on a form prepared and approved by the City Code Enforcement Officer as to their willingness to appear and testify in court.
(3) Own or harbor unspayed female dogs or cats that were or are away from confinement on the Premises of the Owner or Harborer, except on a lead and under the control of an adult Person when such dogs or cats are in heat/season; control shall mean no contact with an unneutered male dog or cat.
(4) Keep or harbor bees or large Animals such as, but not limited to, cows, horses, and other equines, sheep, and nanny goats, on any property classified as “Residential,” or any property classified “Commercial” of less than five (5) acres, within the corporate limits of the City. A Pot Belly Pig that is permitted under the provisions of subsection (d)(5) below shall not be considered a “large Animal” under this subsection;
(5) Keep or harbor hogs or male goats within the corporate limits of the City; provided, however, that a Pot Belly Pig shall not be considered a hog and shall be permitted subject to the following restrictions:
(A) Only one Pot Belly Pig shall be permitted per property of less than 5 acres in size;
(B) Any Pot Belly Pig kept within the City shall have been spayed or neutered;
(C) The Owner of any Pot Belly Pig kept within the City shall have a completely privacy-fenced yard or area outside any Dwelling which the Pot Belly Pig is restricted to when allowed to be outside;
(D) Any Pot Belly Pig kept within the City shall be housed and kept in the primary residence on the property;
(E) Any Pot Belly Pig kept within the City shall not be raised for slaughter for food;
(F) The Owner of any Pot Belly Pig kept within the City shall apply for and maintain a license from the City for such Pot Belly Pig and as a requirement for obtaining such license such Owner shall provide:
(i) Payment of fee of $12.00
(ii) Proof of spaying or neutering;
(iii) Written proof that such Pot Belly Pig has been examined by a veterinarian and certification by such veterinarian that such Pot Belly Pig has received any recommended vaccinations.
(6) Own or harbor an Animal that engages in the following conduct:
(A) Molesting any passerby or chasing a passing vehicle, including a bicycle;
(B) Attacking any other Animal, including but not limited to biting;
(C) Causing injury to any Person;
(D) Damaging public or private property;
(E) Being ridden on public property in a manner which obstructs, impedes or interferes with vehicular or pedestrian traffic;
(F) Interfering with or impeding Refuse or trash collection by ripping, tearing, upsetting, or tipping any container of such.
(7) Keep or harbor a Vicious Animal within the City;
(8) Allow any Animal to enter any theater, store, or other public building in the City, whether accompanied by its Owner or Person in charge or otherwise, except with the approval of the building’s owner or manager. Service Dogs and law enforcement dogs are exempt from this provision;
(9) Failure by a Person to control an Animal either by leash, cord, rope or chain, or tethered or picketed in a manner which is sufficient to keep the Animal on the Premises where picketed or tethered while in City park(s) or recreation areas. Tethered or picketed Animals must be attended to.
(10) Kill any songbird or molest the nest of such birds within the corporate limits of the City; provided that it shall be permissible for the Code Enforcement Officer to kill birds or other wild Animals that have become so numerous as to cause destruction or nuisance to property or in the event of disease occurring among such Animals that may be considered contagious or potentially contagious to human beings as such is permitted by law.
(11) Interfere with or molest a dog used by the police department of the City in the performance of the functions or the duties of such department.
(12) Allow an Animal to trespass on or enter upon the property of a Person other than the Owner or Harborer of said Animal. Knowledge or intent on the part of the Owner or Harborer shall not be elements of this offense.
(13) Hold or retain, without the knowledge and consent of the Owner, possession of any Animal of which he/she is not the Owner for more than twenty-four (24) hours without first reporting the possession of such Animal to the Animal Shelter, Department of Code Enforcement, or Police Department.
(14) Leave any pet Animal or livestock unattended while tethered to any utility pole, parking meter, building structure, fence, sign, tree, shrub, bench or other object on public property or on private property without the permission of the Person or agency in charge thereof, nor shall a pet Animal be tethered in such a manner as to permit it to intrude upon a public sidewalk or street.
(15) Violations of this section shall be classified as Animal Nuisance Violations and the penalty for violation shall be as set forth in Section 2-130.
(e) EXCEPTIONS. The restrictions of Section 2-115 (d)(6)(B), (C), and (D), set forth hereinabove, shall not apply to:
(1) Any injury or damage sustained by a Person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon Premises occupied by the Owner of the Animal or was committing or attempting to commit a crime; or,
(2) An Animal protecting or defending a human being or another Animal within the immediate vicinity of the Animal from an unjustified attack or assault.
(Ord. 958; Code 2021)
Upon a Person’s conviction for a third time in any one (1) year for any Animal or Animals Running at Large as described hereinabove, the Code Enforcement Officer may, after written notice of time and place is given to such Person, request a hearing by the Board of Health and Appeals to determine whether or not such Person’s permit to keep or harbor an Animal or Animals shall be revoked. In making the determination as to whether any Person’s permit as an Owner or Harborer of an Animal, the Board shall consider the following:
(a) Whether or not said Person knowingly and/or recklessly permitted said Animal(s) to run at large; and,
(b) The conditions under which said Animal was kept and maintained by the Owner or Harborer of the same and, in particular, any improvement of condition so as to insure against a further repeat charge or conviction of Running at Large by an Animal in the future.
(c) It shall be unlawful for a Person to keep, harbor or maintain an Animal within the corporate limits of the City where the Owner’s or Harborer’s permit to keep or maintain an Animal has been revoked by the Board of Health pursuant to this subsection.
The Code Enforcement Officer, in consultation with the Sedgwick County Health Officer, shall report to the Mayor of the City or the President of the City Council in the Mayor’s absence, in the event a potential outbreak of rabies is suspected in the Animal population of the City, and if the Mayor or President of the City Council concurs with the Code Enforcement Officer that the danger to public safety from rabid Animals is reasonably imminent, the Mayor or President of the City Council is hereby authorized, and it shall be their duty, to issue a quarantine proclamation ordering Persons owning, keeping, or harboring Animals to muzzle the same and/or confine the same as herein provided for such time as may be specified in such quarantine proclamation. Upon the publication of such proclamation by the Mayor of the City, the Person or Persons keeping or harboring any Animal shall follow the procedure as prescribed in such notice. All dogs, cats, or other Animals found Running at Large during the time specified by the Mayor of the City in the quarantine proclamation may be destroyed by any officer of the City under procedures established by the Code Enforcement Officer.
2-118. Written notice requirement; hearing
before the department of code
enforcement.
The written notice requirements of this article that must be followed prior to a hearing before the Code Enforcement Officer shall be deemed sufficient if the notice is served by the Code Enforcement Officer upon the Person personally or if it is sent by registered or certified mail to the Person’s last known address; provided, further, if the notice cannot be conveniently served by the aforesaid, service may be made upon such Person by at least one (1) publication in the official newspaper of the City, such publication to contain the reason of notice and the date, time and place of hearing.
(a) Whenever any dog is found Running at Large in violation of this article, the Code Enforcement Officer finding such dog may take its rabies tag number, if such dog is wearing a collar with an identification tag as is required, and may take any other information the dog is wearing which may identify its Owner.
(b) The Code Enforcement Officer who finds a dog Running at Large may sign a complaint against the Person identified as the dog’s Owner pursuant to this article. If a complaint is signed, then a notice to appear shall be served upon such identified Owner in accordance with K.S.A. 12-4207. If the Owner fails to appear as required in the notice to appear, a warrant shall be issued for that Person’s arrest.
(c) In any prosecution charging a violation of this article, proof that the dog described in the complaint was in violation of such section of the Ordinance, together with proof that the defendant named in the complaint was, at the time of such violation, the licensed Owner of such dog, shall constitute as evidenced a prima facie presumption that the licensed Owner of the dog violated this article.
(d) The foregoing stated presumption shall apply only when the procedure as prescribed above has been followed.
Any Person dissatisfied with any order or determination of the Board of Health and Appeals may appeal such order or determination to the City Council. An appeal to the City Council shall be taken on the record of the hearing before the Board of Health and Appeals.
2-121. Permit to keep animals within
agricultural classification and commercial
classification; fees listed; fee waiver.
(a) For persons keeping, harboring or maintaining Animals within the Agricultural or Commercial Classification within the City limits, a permit shall be required for keeping more than five (5) Fowl or one (1) or more goats, horses, cows, sheep, or more than two (2) Animals of any other kind. The annual fee for such a permit shall be Ten Dollars ($10.00) for Animals within a Commercial Classification and Five Dollars ($5.00) for Animals within an Agricultural Classification.
(b) Should any Person come under the terms of both classifications, it is herein provided that such Person shall pay a permit fee at the highest applicable rate; provided, that for Persons engaged in the business or operating of dog shows, demonstrations, livestock shows or any other shows or exhibitions involving Animals on any Premises under the jurisdiction of the City or in connection with 4-H livestock shows, the permit fee may be waived subject to all other provisions of this Chapter.
(Ord. 920; Code 2021)
On Premises within the City limits other than those within an Agricultural or Commercial Classification, no more than three (3) different kinds of Animals shall be maintained on such Premises no more than four (4) rabbits, one hundred (100) pigeons, no more than five (5) hen chickens; two Animals of other kinds not herein specified or prohibited by other provisions of this Chapter; or any combination of cats and dogs totaling more than three (3) unless a greater number is otherwise permitted by other provisions of this Chapter. This section shall apply only to mature Animals that are fully weaned and shall not apply to common carriers transporting Animals to or through the City.
(Ord. 920; Code 2021)
Subject to the provisions of this article, no Person shall own, maintain, or operate a Kennel or Cattery for the purpose of holding, breeding, or raising dogs or cats within the corporate limits of the City without submitting to the Code Enforcement Officer with the initial application the written consent of the majority of households of all properties immediately adjacent to such Kennel or Cattery, including properties directly across the street or alley. All Kennel or Cattery permits shall be renewed on an annual basis, providing that renewal of a permit for a Kennel or Cattery shall be made providing no written protest signed by a majority of householders of all properties immediately adjacent to such Kennel or Cattery, including properties directly across the street or alley, is received by the Code Enforcement Officer and providing that such Animal maintenance complies with the provisions of this article. All cats maintained at a Cattery shall be confined inside a structure.
The following minimum environmental health standards shall be observed and followed by Persons subject to the terms of this section:
(a) All domestic Animal Shelters shall be cleaned at least once each week, or more often if necessary, to prevent or control odors, fly breeding and rodent infestation; provided, however, that this shall not apply to grazing areas coming within the definition of the term Agricultural Classification.
(b) Collected fecal material and other solid organic Waste shall be disposed of at a sanitary landfill, fertilizer-processing plant, or by proper dispersal on land used for agricultural purposes.
(c) Grain or protein feed shall be stored in tightly covered rodent-proof bins.
(d) Premises subject to the terms of this article shall be maintained free of rodent infestation.
(e) Use shall be made of anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.
(f) Use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.
(g) All domestic Animal Shelters and board fences shall be maintained in good repair. Plywood and pressed-wood panel(s) shall neither be allowed nor considered suitable fence material(s) and are not to be used in the construction and/or repair of wood fencing.
(h) Garbage shall not be fed to Fowl.
(i) Refuse shall be stored in proper containers or in a manner approved by the Board of Health or Department of Code Enforcement and disposed of at least once each week or as frequently as may be required by the Board of Health or the Department of Code Enforcement.
(j) Provided, further, that barbed wire fences and electrically charged fences shall not be permitted for Animal Shelters except on properties for which an Agricultural Classification permit is held or except on other properties where the barbed wire or electrically charged fence is protected by an exterior fence.
(k) Provided, further, that solid Wastes accumulated from the cleaning of domestic Animal Shelters maintained by Persons subject to a commercial or agricultural permit according to the terms of this article shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the Department of Code Enforcement. Provided, that all solid Wastes shall be properly disposed of at least once each week or less often as may be approved by the Department of Code Enforcement.
All pet shops, catteries and Kennels shall:
(a) Maintain records and retain such records for a two (2) year period on all dogs and cats maintained in such facility. Such records shall show breed, color, markings, sex and age; date received and source, including name and address of Owner or previous Owner; purpose for which Animal is maintained; date and disposition of Animal, including name and address of new Owner, if applicable; prevention and/or treatment and by whom.
(b) Provide cages and pens constructed of nontoxic, easily cleanable, water impervious materials if used for confining Animals and shall keep such cages and pens clean and sanitary at all times.
(c) Provide adequate space and ventilation to prevent over-crowding and to minimize contagion.
(d) Provide general environmental conditions including endo-parasite and ecto-parasite control, clean wholesome food and water, weather protection and clean and sanitary facilities other than housing so as to enhance the health and well being of such Animals.
Every Person who owns, controls, keeps, maintains or harbors any pigeons in the City shall at all times keep them confined in proper cages or pens; provided, however, that what are generally known as seamless banded pigeons, being pigeons banded by a recognized association of pigeon fanciers, may be released in compliance with this Section.
All places and Premises on which any domestic Animals as described by the Ordinance are kept or maintained shall be open at all times for inspection by the Department of Code Enforcement. If, on such an inspection, any Person who has been granted a permit is found violating any of the regulations prescribed in this article, such Person shall be given a written notice of such violation and, if such violation or violations do not cease within twenty-four (24) hours, the permit may be revoked or canceled by action of the Department of Code Enforcement, subject to the right of appeal to the City Council within fifteen (15) days.
Anyone who is an Owner, or one who keeps or harbors any Animal, other than cats, found Running at Large within the corporate City limits shall be deemed guilty of a misdemeanor. Knowledge or intention on the part of the Owner or Person who harbors or keeps a pet shall not be elements of this offense. The Code Enforcement Officer may seize and impound any such Animal pursuant to the provisions of this article in a location he/she deems appropriate and may charge the Owner a reasonable fee for such Impoundment.
Any Person violating any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) and/or by imprisonment of not more than one hundred eighty (180) days in jail, or by both such fine and imprisonment, for each such violation of this article; provided, the minimum fine for the hereinbelow enumerated subsections of this article shall be assessed as a minimum fine as follows:
Violation Fine
Violation of Leash Law 1st offense-not less than $50.00
2nd offense-not less than $100.00
3rd or subsequent offense-not less than $150.00
Bite Violation 1st offense within a 12-month period-$300.00
2nd offense within a 12-month period-$500.00
3rd or subsequent offense within a 12-month period-$1,000.00 and the Animal will be confiscated by the Code Enforcement Officer and destroyed.
Failure to Have Rabies Vaccination 1st offense-not less than $50.00
2nd offense-not less than $100.00
3rd or subsequent offense-not less than $150.00
Failure to Obtain a Permit to Keep an Animal 1st offense-not less than $50.00
2nd offense-not less than $100.00
3rd or subsequent offense-not less than $150.00
No Identification Tags 1st offense-not less than $50.00
2nd offense-not less than $100.00
3rd or subsequent offense-not less than $150.00
Animal Nuisance 1st offense-not less than $50.00
2nd offense-not less than $100.00
3rd or subsequent offense-not less than $150.00
Owning or Harboring a Prohibited Animal 1st offense-not less than $150.00
2nd offense-not less than $250.00 and/or forty-eight (48) hours in county jail
3rd or subsequent offense-not less than $400.00 and/or ten (10) days in county jail
These penalties shall be in addition to such other and further costs and assessments as are described hereinabove.
Should any court declare any section, clause or provision of this article to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional and shall not affect any other remaining section, clause or provision of this article.
(a) The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal(s) on public rights-of-way, public property or private property.
It is unlawful for the owner or person in control of an animal to intentionally, knowingly, recklessly or with criminal negligence allow or permit such animal to defecate on any public property or improved private property other than that of the owner or person in control of the animal. The fact that the animal was at large at the time it defecated on any property shall constitute prima facie evidence that the owner or person in control of the animal allowed or permitted the animal to so act.
(b) It is an exception to the application of this section that:
(1) The owner or person in control of the animal immediately removed and cleaned up such animal’s feces from public or private property; or
(2) That the owner or person in control of an animal has a physical disability or visual impairment and the animal is a service animal trained by an accredited institution to provide assistance to physically disabled and/or visually impaired persons.
Violation of this Section shall be punished by a fine of not less than $10.00, plus applicable court costs. The Municipal Judge shall have authority to order community service in lieu of a fine and/or costs and to suspend the fine and/or costs or any portion thereof.
(Ord. 898, Code 2021)