HomeMy Public PortalAboutOrd 551 Revision of Chap 7 of City Code Animal Licensing(First published in The Ark Valley News on September 4, 2014.)
ORDINANCE NO: 551
AN ORDINANCE CONCERNING THE REVISION OF CHAPTER 7, OF
THE CITY CODE OF BEL AIRE, KANSAS, IN CONNECTION WITH
STANDARDS FOR THE CARE, TREATMENT, AND LICENSING OF
ANIMALS, ALL WITHIN THE CITY OF BEL AIRE, SEDGWICK
COUNTY, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL
AIRE, KANSAS:
SECTION 1: Amending Chapter 7 of the Bel Aire Municipal Code, to read as
follows:
Article 1. GENERAL PROVISIONS
Section 7.1.1 Definitions
Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Animal means any vertebrate or invertebrate organism of the kingdom Animalia,
such as, but not limited to, dogs, cats, cattle, horses and other equines, buffalos, hogs,
goats, 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,
except man.
Animal control officer, also referred to as Code Enforcement Officer within this
Code, means the individual designated to that position by the City Manager of the City of
Bel Aire, and shall always include all law enforcement officers of the City, or may be an
enforcement officer designated as the result of an interlocal agreement for animal control
services.
At large means the act of an animal which constitutes:
(1) Being off the property of the owner; and/or
(2) Not being effectively physically restrained on a chain or leash or not being kept
in a suitable fence or by or in another means of physical restraint from which the
animal can escape.
Attack means violent or aggressive physical contact and/or behavior, or attempted
violent or aggressive physical contact, including charging.
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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.
Dangerous animal means any animal determined dangerous by the City's designated
animal control officer, or the Chief of Police, after an informal administrative review
hearing as provided in this Code, and means any one or a combination of the following:
(1)
Any animal which when unprovoked, in a vicious or terrorizing manner,
approaches any person upon the streets, sidewalks or any public grounds or
places in apparent attitude of attack;
(2) Any animal with a known propensity, tendency or disposition to attack without
provocation, to cause injury or to otherwise endanger the safety of human beings
or domestic animals;
Any animal which bites, inflicts injury, assaults or otherwise attacks a human
being or domestic animal without provocation on public or private property;
(4) Any animal owned or harbored for the purpose of fighting or any animal trained
for fighting;
Any animal not licensed according to state, county or city law, regulation or
ordinance, as required.
Exception: Notwithstanding the definition of a dangerous animal in this section, no
animal may be determined dangerous if:
(1) Any injury or damage is 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) The animal was protecting or defending a human being or another animal within
the immediate vicinity of the animal from an unjustified attack or assault.
Enclosure means a fence, cage or structure which forms an enclosed area intended to
prevent the entry of members of the public into such enclosure, and intended to confine a
dangerous animal. Such enclosure shall be designed to prevent a dangerous animal from
escaping from the enclosure and shall have a secure top attached to all sides and one (1)
or more of the following:
(1) The sides shall be embedded or buried two (2) feet into the ground;
(2) The sides must be secured into a concrete pad or slab; or
(3) The sides must be securely attached to a wire bottom.
Such enclosure shall be locked and shall provide adequate lighting and shelter from the
elements and shall be kept in a clean and sanitary condition.
(3)
(5)
Farm animal means an animal raised on a farm or ranch and used or intended for use
as food, producer of food, or fiber.
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Fees shall mean those fees set forth within the general fee schedule of the City,
unless specifically referring to costs incurred for care and treatment.
Fowl means all animals that are included in the zoological class Ayes.
Governing Body means the City Council of the City of Bel Aire.
Habitual nuisance animal means any animal determined to be such by animal
control officer, or designee, after a hearing as provided by this Chapter, and which is
based on the animal's owner having been convicted three (3) times in a twelve-month
period of harboring a nuisance animal when each of the three (3) convictions relates to
the same animal.
Harbor means to keep, to maintain, to have in one's possession, to have under one's
control or to allow any animal to habitually remain or lodge or to be fed or to be given
shelter or refuge within a person's home, store, yard, enclosure, outbuilding, abandoned
vehicle or building, place of business, property or any other premises which a person
owns, has possession or control of or on which the person resides.
Inherently dangerous animal means an inherently dangerous mammal and/or an
inherently dangerous reptile.
Inherently dangerous mammal is any live member of the canidae, felidae, or ursidae
families, including hybrids thereof, which, due to their inherent nature, may be
considered dangerous to humans, and which include:
(1) Canidae, including any member of the dog (canid) family not customarily
domesticated by man, or any hybrids thereof, including wolf hybrids which are a
cross between a wolf and a domestic dog, but not including domestic dogs
(Canis familiaris).
(2) Felidae, including any member of the cat family weighing over fifteen (15)
pounds not customarily domesticated by man, or any hybrids thereof, but not
including domestic cats (Felis catus).
Ursidae, including any member of the bear family, or any hybrids thereof.
(3)
Inherently dangerous reptile is any live member of the class reptilia which is:
(1) Venomous, including, but not necessarily limited to, all members of the
following families: Helodermidae; Viperidae; Crotalidae; Atractaspidae;
Hydrophilidae; and Elapidae.
(2) A "rear fanged" snake of the family Colubridae that are known to be dangerous
to humans, including, but not necessarily limited to, all members of the
following families: Dispholidus typus; Thebtornis kirtlandii; and Rhabdophis
spp.
Of the family Boidae (boas and pythons); specifically the following species:
Python reticulatus; Eunectes sp.; Python sebae; and Python molurus.
(4) A member of the order Crocodilia (crocodiles, alligators and caiman).
(3)
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Inhumane treatment means any treatment to any animal which constitutes a material
deviation from the standard of care which a reasonable person would observe under the
same circumstances and which:
(1) Deprives the animal of necessary sustenance, including but not limited to:
a. Sufficient good and wholesome food, which means supplying at suitable
intervals (not to exceed twenty-four (24) hours) of a quantity of wholesome
foodstuff, suitable for the animal's species and age, and sufficient to
maintain a reasonable level of nutrition in each animal; or
b. Adequate water, which means a supply of clean, fresh, potable water,
supplied in a sanitary manner and either continuously accessible to each
animal or supplied at intervals suitable for the animal species, not to exceed
intervals of twelve (12) hours;
(2) Deprives the animal of proper shelter, with insulation if necessary for protection
from the weather;
Deprives the animal of exercise appropriate to the animal's species except for
normal and customary husbandry practices;
(4) Causes the animal to be subjected to overloading, overworking, teasing,
tormenting, mistreating, beating, mutilating or other treatment deemed
detrimental to the health of the animal;
(5) Causes the animal to be kept in an unsanitary condition;
(6) Causes the animal not to receive veterinary care when needed to treat injury or
illness unless the animal is instead promptly destroyed in a humane manner;
(7) Causes the animal to be abandoned; or
(8) Causes, instigates or permits the animal to be trained to fight other animals or
humans.
Notice means written notice to the owner of an animal which:
(1) Is mailed or hand -delivered to the owner's address of record on the license
issued to that owner for the licensed animal;
(2) Is mailed or hand -delivered to the owner's address as ascertained from any other
public record;
Is mailed to an address which has been ascertained by personal observation of
an animal control officer to be a premises or building at which the owner may be
contacted;
(4) Has been tacked, taped or attached upon or to the owner's premises or dwelling,
if such can be ascertained; or
Has been left with a person of suitable age and discretion at such owner's
premises or dwelling.
If the owner is not known, notice shall be published in the official city newspaper at least
one (1) week prior to any hearing regarding the animal.
(3)
(5)
(3)
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Kennel means: 1) providing food, shelter and care for more than four (4) animals of
six (6) months of age or older for purposes not primarily related to medical care (a kennel
may or may not be run by or associated with a veterinarian); or 2) regularly engages in
the breeding of animals for sale.
Nuisance means the maintenance of animals so as to cause discomfort to occupants
of other premises by reason of offensive odors, insects or infestations, rodents, noise,
nonconfinement or safety hazards.
Nuisance animal means any animal that has acted in such a manner as to constitute
any one (1) or a combination of the following:
(1) Trespassing to the property of a person other than the owner;
(2) Threatening the safety of a person or other animal at a place other than on the
property of the owner;
(3) Molesting any passerby or chasing a passing vehicle, including a bicycle;
(4) Attacking any other animal;
(5) Causing injury to any person;
(6) Threatening or causing a condition which endangers public health or the health
of other animals, whether through its behavior or physical condition;
(7) Damaging public or private property;
(8) Being at large;
(9) Being in season and not being confined or enclosed as to prevent impregnation;
(10) Being ridden on public property in a manner that obstructs, impedes or interferes
with vehicular or pedestrian traffic;
(11) Interfering with or impeding refuse or trash collection by ripping, tearing,
upsetting or tipping any container of such;
(12) Barking, whining or howling in an excessive fashion, which is hereby defined as
continuous or untimely so as to disturb the sleep or peaceful enjoyment of an
individual who is a neighbor (a neighbor for this purpose is hereby defined as an
individual residing in a residence structure which is within one hundred (100)
yards of the property on which the animal is kept or harbored), and who will
agree to testify if called upon to testify about such matter under oath; and/or
(13)Being sick or injured and not receiving such care as is needed for the health or
well-being of such kind of animal.
Owner means any person who:
(1) Has a right of property in an animal;
(2) Keeps or harbors an animal;
(3) Has an animal in that person's care;
(4) Acts as a custodian of an animal;
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(5) Licenses a dog in compliance with article III of this chapter; and/or
(6) Obtains a vaccination certificate or veterinarian's confirmation for a dog and/or
cat in compliance with article IV of this chapter.
Additionally, any person who knowingly permits a dog or cat to remain on or about any
premises occupied by that person shall be considered the owner of such dog or cat.
Person means an individual, organization, partnership or corporation.
Take up means to put into physical custody and impound at an animal shelter or
veterinary hospital.
Traveling circus means a circus that harbors one (1) or more inherently dangerous
animals in the City for not more than two (2) weeks in any calendar year, that does not
own real property in the City that is used for a purpose associated with said circus, and
that does not have its primary place of business in the county.
Trespass means entering or remaining without consent upon property other than the
property of the owner.
Unincorporated area means outside the corporate limits of any city.
Vaccination certificate means a written document issued and signed by a veterinarian
which attests to the rabies vaccination of a particularly described dog or cat and which
contains the number of the metallic vaccination tag issued to such dog or cat.
Veterinarian means a doctor of veterinary medicine currently licensed by the state.
Veterinarian's confirmation means a written statement, issued and signed by a
veterinarian, which attests that rabies vaccination of a particularly described dog or cat
would be injurious to the animal because of its age or health.
Wild animal means a living mammal or marsupial which is normally found in the
wild.
7.1.2 Penalty; habitual violators; fines.
(a) Legal action. Whenever an animal control officer, code enforcement officer or law
enforcement officer has probable cause to believe that a person is committing or has
committed a violation of this chapter, the officer may serve upon such accused
person a uniform complaint and notice to appear, or in the alternative may sign a
complaint against the accused person and cause a notice to appear to be issued.
Procedures for prosecution of violations of this chapter shall be pursuant to chapter 5
of this Code: Municipal Court.
(b) Separate offense. Each violation of this chapter shall constitute a separate offense
and shall be punishable as a separate violation. Each day of a violation shall also
constitute a separate offense. Additionally, if any person is found guilty of a
violation hereunder and it shall appear to the court that the violation complained of
as prescribed in this chapter is continuing, then in addition to the penalty set forth,
the court shall enter such order as it deems appropriate to cause the violation to be
abated.
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(c) Habitual violator. "Habitual violator" means any person who is alleged to have
committed a fourth or subsequent violation of any provision of this chapter if such
violation has occurred within twelve (12) months of the first violation. Such fourth
or subsequent violation shall be a class C misdemeanor and shall be prosecuted in
the same manner as any other Class C misdemeanor offense in the municipal court.
Upon conviction as a habitual violator, such person shall be subject to imprisonment
in the county jail, or a fine, or both such imprisonment and fine as provided for Class
C misdemeanors within the Uniform Public Offense Code as most recently adopted
by this City. Appearance before the court shall be mandatory for all persons
charged as a habitual violator under this paragraph.
(d) General Penalty Provisions. Unless otherwise provided within a specific provision of
this Code, any person convicted of violating any of the provisions of this Chapter is
guilty of a misdemeanor and shall be punished by a fine of not more than five
hundred dollars ($500.00) or by imprisonment of not more than six (6) months or
both such fine and imprisonment. Each day that any such violation continues shall
constitute a separate violation. Criminal prosecution shall be conducted within the
City's municipal court, but in no way shall criminal prosecution bar the filing of any
civil action deemed necessary by the City to correct harms alleged to have been
brought about by failure to comply with the provisions of this Code, or to correct
continuing violations.
7.1.3 Appeals; agreements to aid in enforcement.
(a) Appeals. An appeal may be taken from any judgment pursuant to the procedure set
forth in Chapter 5: Municipal Court.
(b) Agreements. The City Manager or the Governing Body may enter into agreements
with any veterinarian, governmental agency, city, township, improvement district,
corporation or individual it deems necessary to carry out the provisions of this
chapter.
7.1.4 Interference with an officer; violation.
(a) No person shall interfere with or hinder an animal control officer, code enforcement
officer, or law enforcement officer in the lawful discharge of that person's duties.
(b) It shall be a violation of this chapter for any person to interfere with or hinder an
animal control officer, code enforcement officer, or law enforcement officer in the
lawful discharge of that person's duties. Interference with an officer shall be a Class
A misdemeanor, as defined within the most recently adopted Uniform Public
Offense Code.
7.1.5 Disposition of animals.
(a) Disposition of Live Animals. Any animal that comes into the custody or control of
the City that is not acceptable to be placed with the Wichita Animal Shelter may be
delivered by an officer of the City to a proper facility. Determination of a proper
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facility shall be at the discretion of the Code Enforcement Officer, or Chief of
Police. The charges of the facility, including daily fees or pickup fees, wholesome
food, potable water, veterinarian care, any procedures deemed necessary for the
wellbeing and maintenance of said animal, medical supplies, medications and/or
vaccinations shall be the responsibility of the owner/harborer of the animal. The
owner/harborer shall pay in full the facility and in compliance with the requirements
or policies of the facility prior to the animal's release. The facility and/or the Code
Enforcement Officer, or Chief of Police, may request the judge to order the payment
of such fees and expenses as part of any proceeding against the owner/harborer, and
the owner/harborer shall pay the fees, expenses and costs as the court shall direct.
(b) Vehicular Accidents Involving Animals. Any operator of a motor vehicle which
strikes any pet animal shall immediately stop and report such event to the owner of
such animal, or in the event that the owner cannot be ascertained and located, to the
animal control officer or any police officer. The report required by this section shall
include any information concerning the condition, injury or death of any animal
involved.
(c) Death of Animal. All dead animals shall be disposed of by the owner or keeper
thereof, within twenty-four (24) hours of such 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 or
left on any public or private property.
(d) Fail to pay pickup fees. It shall be a violation of this chapter for any person to fail to
pay the pickup fee as required in subsections (a), inclusive, of this section.
7.1.6 Reimbursement for cost of animal care; violation.
(a) Owner/harborer responsible. The owner/harborer of any animal that comes into the
custody or control of the City shall be responsible for the fees, expenses and costs for
the care of said animal. The animal care costs shall include, but not be limited to:
wholesome food, potable water, veterinarian care, any procedures deemed necessary
for the wellbeing and maintenance of said animal, medical supplies, medications,
vaccinations, and/or daily fees or pickup fees of any facility caring for the animal.
The owner/harborer shall pay in full the facility and in compliance with the
requirements or policies of the facility prior to the animal's release. The facility
and/or the Code Enforcement Officer, or Chief of Police, may request the judge of
the municipal court to order the payment of such fees and expenses as part of any
proceeding against the owner/harborer, and the owner/harborer shall pay the fees,
expenses and costs as the court shall direct.
(b) Failure to pay animal care costs. It shall be a violation of this chapter for any
owner/harborer of any animal that receives care to fail to pay the animal care fees,
expenses and costs.
7.1.7 Enforcement
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(a) Enforcement. Animal Control Officers and all members of the Police Department
shall have the authority to sign complaints and serve notices to appear before the
Municipal Court upon any person when the Animal Control Officer or Police Officer
has probable cause to believe such person has or is violating a section of this Code.
Such officer shall have the authority to issue, suspend or revoke animal licenses and
permits as provided for by this Article.
(b) Summons and Complaints. Every summons and complaint charging a violation or
violations of this article signed by a citizen complainant shall state the name of the
defendant, the code section number or numbers alleged to have been violated, the
general type of the offense to which each section or ordinance relates, the date and
place of each alleged violation and that the defendant is required to appear to answer
the charges on a date and at a time and place designated in the complaint or
summons. The complaint or summons shall be signed by the person alleging the
violation.
Article 2. REGISTRATION AND VACCINATION
Section 7.2.1 Registration and Vaccination Required
(a) The owner/harborer of any dog aged five months of age shall annually register with
the City Clerk or the City Clerk's designee, his or her name and address with the
name, sex and description of each dog owned and kept within the City of Bel Aire,
Kansas. It shall be unlawful for the owner or harborer of any newly acquired dog
brought into the City to fail to register such animal within 30 days from acquisition
or bringing the dog into the City. It shall be unlawful for the owner or harborer of
any previously registered animal to fail to maintain current registration of such
animal.
(b) Upon registration, the owner or harborer shall present a current, completed
certificate of immunization against rabies. No registration shall be permitted without
evidence of this document, and it shall be unlawful for the owner or harborer of any
dog over six months of age to fail to maintain effective rabies immunization of such
dog.
(c) The owner or harborer of any dog shall, at the time of registering such animal,
present to the City Clerk or the City Clerk's designee, a certificate from an
accredited veterinarian showing that a male dog has been neutered or a female dog
has been spayed, if the dog has been neutered or spayed, to be eligible for the
reduced registration fee associated with spayed and neutered animals.
(d) Upon registration, the City Clerk or the City Clerk's designee shall collect an annual
registration fee for each dog, pursuant to a fee schedule adopted by the Governing
Body of the City of Bel Aire, Kansas.
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(e) The registration year shall be from January 1st through December 31st of each year.
The fee shall be payable before March 1st of each year without penalty. Every
owner or harborer of a dog who shall fail to register the same prior to the 1st day of
March of each year shall pay, in addition to the registration fee herein provided, a
late registration fee of $10. Owners registering newly acquired dogs, and new
residents to the City, shall not be subject to any late registration fee for registering a
dog within thirty (30) days of such animal being brought into the City. (Ord. 380)
Section 7.2.2 License Tag and Registration Number
(a) It shall be the duty of the City Clerk or the City Clerk's designee, upon a showing
of current rabies immunization and receipt of the registration fee as herein required,
to keep a record of the date of the registration, the name of the owner or harborer,
the number of the registration and the amount paid. The City Clerk or the City
Clerk's designee shall also deliver to the owner or harborer of the dog, a certificate
and a license tag containing the registration number and registration year.
(b) Every owner or harborer of any dog over five months of age shall attach the current
license tag issued for the dog containing the registration number and registration
year to a collar worn by the dog.
(c) When any license tag has become lost during a registration period, a duplicate
license tag for the remainder of the registration period shall be issued by the City
Clerk or the City Clerk's designee, upon presentation of the registration certificate
and payment of a $3 fee.
(d) It shall be unlawful for any person to remove the City license tag from any dog
belonging to another, or remove the strap or collar on which the same is fastened.
(e) It shall be unlawful for any person to place on any dog a license tag issued for any
other dog or to make or use any false, forged or counterfeited license tag or imitation
thereof. (Ord. 380)
Section 7.2.3 Evidence of Vaccination
It shall be unlawful for the owner/harborer of any dog or cat kept within the City
to fail to display a current certificate of immunization against rabies issued by an
accredited veterinarian evidencing the vaccination of such dog or cat within two years,
when requested by the animal control officer or any law enforcement officer. (Ord. 380)
Section 7.2.4 Exemption from Registration Requirements.
The provisions of this Article regarding registration with respect to registration shall
not apply to Exemptions from licensing requirements shall be as follows:
(a) All dogs in the City for less than thirty (30) days, when under the care and
control of an owner who is visiting in the City;
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(b) Any dog which is registered as a Seeing Eye dog or which has been specially
trained to aid hearing impaired, disabled or handicapped persons; or
(c) Any dog which performs law enforcement or security functions for a
governmental entity.
Such dogs as are identified in this section shall be subject to all other requirements
contained in this chapter or any other regulation governing animal control or care in the
City.
ARTICLE 3 NUISANCE ANIMALS
7.3.1 Nuisance animals; maintaining a nuisance.
(a) Nuisance animals prohibited; impoundment. The owner of an animal shall prevent
such animal from committing a nuisance or being a nuisance animal. An animal
control officer is authorized to take up any animal suspected of being a nuisance
animal. Such officer shall immediately record the color, breed, sex, approximate
weight and other description of the animal, the reason for the seizure, the location of
seizure, the owner's name and address, if known, the animal's license number, if any,
and any other identification number. The animal control officer may order
impoundment of a nuisance animal at an animal shelter, and the animal control
officer shall notify the owner, provided the owner is known, except when any one (1)
or a combination of the following:
(1) A hearing to determine whether the animal is a habitual nuisance animal, as
defined in applicable provisions of this Chapter; or
(2) A hearing to determine whether the animal is a dangerous animal as defined in
applicable provisions of this Chapter.
The animal control officer shall take up an injured or diseased nuisance animal to a
veterinarian for treatment, and such costs shall be the responsibility of the owner. A
nuisance animal shall not be impounded for more than ten (10) calendar days unless its
owner has failed to pay in full all costs and fees associated therewith and has failed to
comply with all animal control laws, regulations and ordinances. If the animal is
impounded more than ten (10) days, code enforcement officer, or designee may order the
animal to be placed for adoption or euthanasia.
(b) Harboring a nuisance animal. It shall be a violation for any owner to harbor a
nuisance animal, as defined in this chapter.
(c) Additional acts of nuisance are separate violations. Any act of nuisance after a
complaint is issued to the owner involving the same animal or animals alleging a
violation of the nuisance provisions of this Code, shall constitute an additional and
separate violation. The first complaint after two (2) convictions for violation of this
section issued to the owner within twelve (12) months from the date of the first
conviction regarding the same animal or animals, shall subject the owner to the
provisions of this article regarding a habitual nuisance animal.
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(d) Maintaining a nuisance. It shall be a violation for any owner to maintain a nuisance,
as defined in this chapter. Whenever an animal control officer has determined that
there has been a violation of this subsection, the animal control officer shall give
written notice of such alleged violation to the owner, which shall give the owner at
least seven (7) days to correct the violation particularized.
7.3.2 Habitual Nuisance Animal
(a) Hearing. Upon the code enforcement officer, or designee's own volition, the code
enforcement officer, or designee may hold a hearing to determine whether an animal
is a habitual nuisance animal. The owner of the animal shall be notified of the time
and place of hearing. Witnesses may be called by code enforcement officer, or
designee and owner.
(b) Determination. In making a determination, the code enforcement officer, or designee
may consider whether such owner knowingly permitted such animal to commit acts
of nuisance; and whether the animal can be kept in a manner that will prevent
nuisance acts in the future and the likelihood thereof. If the code enforcement officer,
or designee determines that the animal is a habitual nuisance, the code enforcement
officer, or designee may order that the owner, at the owner's expense, abate the
animal's nuisance actions in any one, or in any combination, of the following:
(1) That the owner enclose or confine the animal in a manner and location that will
ensure that the animal cannot repeat its nuisance actions;
(2) That the owner securely tie or chain the animal within an enclosed area;
(3) That the owner muzzle the animal;
(4) That the owner cause the animal to be examined and treated by a currently
licensed veterinarian practicing within the county and that the owner obtain a
written statement from the veterinarian that the animal is not threatening or
causing a condition which endangers public health or the health of other
animals;
That the owner prohibit the animal from being on particular parcels of public or
private property;
(6) That the owner provide an enclosure or an enclosed area for the animal and
retain the animal there at all times unless in the owner's custody and securely
leashed to the owner;
That the owner cause the animal to be spayed or neutered by a currently licensed
veterinarian practicing within the county, and that the owner obtain a written
statement from the veterinarian that the animal has been spayed or neutered;
That the owner cause the animal to be enclosed or be in any enclosure which
will prevent impregnation of the animal while it is in season;
That the owner is prohibited from riding the animal on public property; and
(5)
(7)
(8)
(9)
(10) That the owner's license to keep the animal be revoked.
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If the code enforcement officer, or designee determines at the hearing that none of
the methods outlined in this subsection will abate the nuisance action of the animal,
the code enforcement officer, or designee may order that the animal be relinquished
to an animal shelter or pound for adoption or euthanasia, or that the animal be
euthanized. The code enforcement officer, or designee is granted authority to order
an animal impounded, at the owner's expense, for not more than ten (10) calendar
days from the date of issuance of the code enforcement officer, or designee's
determination and orders, which shall be the time allowed for the owner to show
compliance therewith. At the end of the ten-day period, if the owner has not
complied with the code enforcement officer, or designee's orders, the code
enforcement officer, or designee may order the animal made available for immediate
adoption or euthanasia. If the code enforcement officer, or designee determines that
the code enforcement officer, or designee's orders are not being complied with
during the remaining lifetime of the animal determined to be a habitual nuisance, the
code enforcement officer, or designee shall have the authority, after an
administrative hearing, to cause the habitual nuisance animal to be impounded and
euthanized.
(c) Appeal. Any owner dissatisfied with any decision of the code enforcement officer, or
designee of the animal control department made pursuant to this section may appeal
such decision within three (3) days, excluding Saturdays, Sundays and holidays, to
the City Council by filing written notice thereof with the city clerk, with copies of
the appeal notice to be provided to code enforcement officer, or designee. The appeal
shall be taken upon the record to be provided by the animal control department and
shall not be a hearing de novo. A quorum of the governing body shall constitute a
sufficient council for the purpose of conducting the appeal hearing. The hearing may
take place at a regular or special meeting of the Governing Body.
7.3.3 Prohibited Animals
(a) The keeping, pasturing, housing, corralling, or maintaining within the city limits of
any swine or other livestock is hereby declared to be a nuisance and is prohibited,
except in those areas zoned agricultural districts, or managed as agricultural districts
pursuant to an annexation agreement. Persons or entities keeping, pasturing,
housing, corralling, or maintaining within the city limits any swine or other livestock
on the effective date of this section may continue to do so as a nonconforming use
provided that:
(1) The property is maintained in a manner that complies with the
all provisions of this code, including zoning; and
(2) The number of animals does not increase and the type of animal being
kept does not change; and
(3) When the keeping, pasturing, housing, corralling or maintaining of
swine or livestock discontinues for a period of ninety (90) consecutive
days or more, or the property upon which such keeping, pasturing,
housing, corralling, or maintaining occurred is sold, the use of the property
must thereafter comply with the provisions of this section.
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(b) The harboring, keeping, or maintaining within the city, except by a circus or
sideshow duly licensed to conduct business within the city, of any inherently
dangerous animal, or hybrid of such, is hereby prohibited.
(c) The keeping, harboring or maintaining within the city of any animal, which by any
sound or cry, causing of offensive odors, or the dangerous nature thereof shall
disturb the peace, safety or comfort of any neighborhood, or interfere with any
person in the reasonable and comfortable enjoyment of life or property, is hereby
declared to be a nuisance and is prohibited.
7.3.4 Keeping Livestock; Distance From Houses.
(a) No person shall house, keep, harbor, or maintain any livestock for more than one (1)
hour, within a twenty-four (24) hour time period, within one hundred (100) feet of a
residence in use by or occupied by any human. This section shall not preclude the
riding of horses upon any equestrian trail established and maintained by a
governmental agency or on a public street in accordance with this chapter.
(b) The construction or occupancy of a new dwelling within one hundred (100) feet of a
permanent structure, other than fences and corrals, in which a horse had been
continuously kept for a period of more than six (6) consecutive months prior to such
construction or occupation shall not require the removal of such permanent structure
nor prevent the continued maintenance of a horse or horses there.
(c) No person shall keep any rabbits, poultry or domestic fowl, within thirty-five (35)
feet of any residence or dwelling, other than the residence of the person keeping or
maintaining such rabbits, poultry or fowl. Dwelling shall not include any school,
hospital or similar institution.
(d) The construction or occupation of a new dwelling within thirty-five (35) feet of any
location in or upon which rabbits, poultry, or domestic fowl have been continuously
or customarily kept for a period of three (3) consecutive months prior to such
construction or occupation of such dwelling shall not require the removal of such
rabbits, poultry or domestic fowl from such location.
(e) The provisions of the section shall not apply to areas zoned Agricultural Districts., or
annexed into the City pursuant to an annexation Agreement regarding agricultural
uses upon such annexed property.
7.3.5 Cleanliness Of Premises Required. It is hereby declared to be a nuisance and
shall be unlawful for any person to maintain on any premises owned, occupied, or
controlled by such person in the city, any chicken coop, rabbit hutch, corral, yard, kennel,
stable, cow shed, horse shed, or horse picket line in a foul, offensive, noxious, or filthy
condition.
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7.3.6 Disposition of Wild Animals Running At Large. Animal control and police
officers are hereby authorized to apprehend any wild animals that may be at large within
the city and causing a public nuisance. Such wild animals may be impounded, released
in wild areas outside the city or destroyed as such officers in their discretion shall
determine, subject to applicable laws.
7.3.7 Confinement of Animals In Heat
Any unspayed female animal in the state of estrus, commonly known as "heat," shall be
confined during such state in a house, building or secure enclosure so constructed that no
other animal or animals may gain voluntary access to such animal except for purposes of
planned breeding. Any animal in the state of estrus and not confined as required by this
section, or any such animal that creates a neighborhood nuisance, shall be removed to a
boarding kennel, to a veterinary hospital or to the animal shelter and all expenses
incurred by the city as a result of such removal shall be paid by the owner. Owners of
such animal(s) removed to the animal shelter shall be charged at the rate as may be
established from time to time by the animal shelter. Failure to comply with an order of
the animal control officer with the respect to the confinement of animals in the state of
estrus shall be a violation of this article and the animal shall be impounded pursuant to
this chapter.
7.3.8 Dangerous Animals Prohibited
(a) It shall be unlawful for any person to bring an animal or animals within the city that
have previously been declared vicious, dangerous, or any similar status, by any other
jurisdiction. Impoundment of animals who are the subject of any citation for violation of
this section shall be at the discretion of any animal control or police officer. Any such
animal which presents a clear and present danger to the public health and safety shall be
immediately impounded or destroyed by an animal control or police officer.
(b) Impoundment: When the animal control officer has probable cause to believe that
an animal poses a danger to the community, the animal control officer shall impound
such animal.
(c) Immediate Destruction: Nothing in this Chapter or Article shall prevent or be
construed to prevent animal control or police officers, or any law enforcement officer,
from taking whatever action is reasonably necessary, including, but not limited to,
immediate destruction of any animal declared to have a vicious, dangerous, or similar
status, without notice to the owner, to protect themselves or any other person from injury
or danger.
(d) The Municipal Judge shall have the authority to sentence the person adjudicated
guilty of bringing a previously declared Dangerous Animal into the City as a Class B
misdemeanor.
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7.3.9 Dangerous Animals Designated
(a) Hearing. Upon the complaint of any person or upon code enforcement officer, or
designee's own volition, or upon the issuance of a uniform complaint and notice to
appear, code enforcement officer, or designee of the animal control department may
hold a hearing to determine whether or not an animal is a dangerous animal as
defined in applicable provisions of this Chapter. The owner of the animal shall be
notified of the time and place of the hearing. Witnesses may be called by code
enforcement officer, or designee and owner.
(b) Determination. In making a determination, code enforcement officer, or designee
may consider any one or all of the following factors:
(1) The seriousness of the approach, attack or bite;
(2) The history of attacks or bites;
(3) Whether the animal had been previously determined, declared or adjudicated to
be dangerous or vicious by code enforcement officer, or designee or in any other
jurisdiction of which code enforcement officer, or designee has notice or of
which the owner has knowledge, and which jurisdiction uses substantially the
same standards as the City's for determination of a dangerous or vicious animal;
(4) The likelihood of attacks or bites in the future;
(5) The conditions and circumstances existing at the time of the approach, attack or
bite;
(6) The conditions under which the animal is kept, enclosed or confined; and
(7) The status of the animal's license and vaccination, if required under applicable
state, county or city law, regulation or ordinance.
(c) Action by Code Enforcement Officer, or Chief of Police. If code enforcement officer,
or designee determines that the animal is dangerous, code enforcement officer, or
designee may order that the owner, at the owner's expense, do any one, or any
combination of the following:
(1) Enclose or confine the animal in a manner and in a location that will ensure that
the animal poses no threat of repeating any act which may result in the animal
being declared dangerous on a subsequent occasion;
(2) Comply with code enforcement officer, or designee's written orders regarding
signage and posting of the owner's premises giving appropriate notice to the
public that the premises are inhabited by a dangerous animal; or
If such confinement is not possible or if prior orders have not been heeded, code
enforcement officer, or designee may cause the animal to be euthanized.
If code enforcement officer, or designee determines that code enforcement officer, or
designee's orders are not being complied with during the remaining lifetime of the
animal determined to be a dangerous animal, code enforcement officer, or designee
shall have the authority, after a hearing, to cause the dangerous animal to be
impounded or euthanized.
(3)
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(d) Appeal. Any owner dissatisfied with any determination or order of the code
enforcement officer, or designee, made pursuant to this section may appeal such
order or deteiuiination within three (3) days, excluding Saturdays, Sundays and
holidays, to the Governing Body by filing written notice thereof with the city clerk,
with copies of the appeal notice to be provided to code enforcement officer of animal
control, or Chief of Police. The appeal shall be taken upon the record of evidence as
provided to the Governing Body by animal control officer and shall not be a hearing
de novo. A quorum of the governing body shall be sufficient for the purpose of
conducting the appeal hearing.
(e) Violations.
(1) Harboring a dangerous animal. It shall be a violation of this chapter for any
owner to harbor a dangerous animal. Harboring a dangerous animal is a class C
misdemeanor.
(2) Failure to comply with Code Enforcement Officer, or Chief of Police's, hearing
orders. It shall be a violation of this chapter for any owner of any animal that
has been determined to be a dangerous animal after a hearing by code
enforcement officer, or designee to fail to comply with any and all written
orders issued as conditions upon which the owner was allowed to regain
physical custody of the animal.
7.3.10 Reporting animal bites.
Any person having an animal bite or other persons knowing of such bite shall report
to the animal control officer or health officer information concerning the bite, including
the location of the biting animal and the bitten person at the time of the bite, the victim's
name, address and phone number, a description of the animal and the name and address
of the animal's owner, if known.
7.3.11 Failure to report animal bite; violation.
It is important to protect the community from animals of which there is a history of
aggression. Therefore, it shall be a violation of this chapter for any person having been
bitten by an animal or knowing of other persons having been bitten by an animal to fail to
make a bite report to the animal control officer, including information concerning the
bite, the location of the animal and the bitten person at the time of the bite, the victim's
name, address and phone number, a description of the animal and the name and address
of the animal's owner, if known.
7.3.12 Biting animals.
(a) Any animal control officer may take up, upon private or public property, any animal
that has bitten a person or other animal, and impound the animal in a veterinary
hospital or an animal care facility, or order the owner of such animal to confine or
enclose such animal in accordance with the instructions of the animal control officer,
for a period of not more than thirty (30) days, during which time the animal control
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department shall determine whether or not such animal is suffering from a disease,
and, if not, the animal control department shall authorize the release of the animal
upon payment by the owner of the boarding fee therefor. An animal control 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 been vaccinated
for rabies within the prior twelve (12) months.
(b) It shall be a violation of this chapter for any owner of any animal that has been
ordered confined, enclosed or surrendered for disease observation by an animal
control officer to fail to confine, enclose or surrender the animal in accordance with
such orders. Failure to comply with orders regarding a biting animal shall be a class
B misdemeanor, as such is defined by the Uniform Public Offense Code as adopted
by the City.
State law reference— Impoundment of animals that bite persons or other animals,
K.S.A. 47-125.
7.3.13 Destruction or confinement of rabid animals or animals exposed to rabies.
When an animal is known to be rabid or has been bitten by a rabid animal, the Code
Enforcement Officer, or Chief of Police, may order such animal to be destroyed or
confined for a period of ninety (90) days in a veterinary hospital or an animal care facility
specified by the Code Enforcement Officer, or Chief of Police,. In the case of domestic
animals unvaccinated against rabies, the Code Enforcement Officer, or Chief of Police,
may require post -exposure prophylaxis and one -hundred -eighty -day confinement of such
animals that have been exposed to a known rabid animal at a veterinary hospital or an
animal care facility.
7.3.14 Kennel Licenses.
(a) No person, entity or household shall own or harbor more than four (4) dogs
individually exceeding six (6) months of age; more than four (4) cats individually
exceeding six (6) months of age; in any combination, more than a total of four (4)
dogs and cats individually exceeding six (6) months of age; or engage in the
commercial business of breeding, buying, selling, trading, training, or boarding cats
or dogs or both cats and dogs, without having first obtained a kennel license from the
city clerk.
(b) Kennel licenses shall be renewed annually. No kennel license shall be issued until an
inspection certificate has been completed by the animal control officer certifying
approval of the kennel license and compliance with all applicable laws, the code
enforcement officer has issued a certificate verifying that the kennel for which the
license is sought is not violating zoning laws of the city, and the annual kennel
license fee established within the City's adopted fee schedule has been paid. The
city clerk shall issue renewals of kennel licenses from and after the initial issuance of
such license to a licensee and upon such licensee's application to renew a kennel
license if the kennel location has not changed, the clerk has not received any protest
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or information alleging that the kennel is in violation of any applicable law or that it
is operated or maintained in a manner detrimental to the health, safety or peace of
mind of any person residing in the immediate vicinity of such kennel; the animal
control officer finds, after inspection, that the kennel is in compliance with all
applicable law; the code enforcement officer finds that the kennel does not violate
any zoning code provision; and the annual kennel license fee established within the
City's adopted fee schedule has been paid. In the event the clerk receives such
protest or information with respect to any licensed kennel, the animal control officer
determines after inspection that the kennel is not in compliance with all applicable
laws, or the code enforcement officer determines the kennel is in violation of any
zoning code provision, no renewal of such license shall be made unless the
governing body finds, after notice and public hearing, that such kennel is operated or
maintained in compliance with all applicable laws and does not pose a detriment to
the health, safety or peace of mind of any person residing in the immediate vicinity
of such kennel.
(c) The animal control officer, the code enforcement officer, or any police officer shall
have the right to inspect any premises licensed under this section at any time.
Nothing shall prevent their entry onto private property for the purpose of making
such inspection and all applicants for kennel licenses shall be deemed to have
consented to such entry and inspection by virtue of, and from and after the time of,
making application to the city for such license. In the event such entry for the
purpose of making an inspection authorized by this section is denied to the animal
control officer, code enforcement officer or any police officer, the officer or officers
so denied may apply to a court of competent jurisdiction for an order authorizing
entry for the purposes of enforcing or administering this section including, but not
limited to, inspection of such premises.
(d) The governing body may suspend or revoke a kennel license if, following notice and
public hearing, it find that the licensed kennel:
(1) is maintained in violation of any applicable law of the State of
Kansas, or of the City;
(2) is maintained so as to constitute a public nuisance; or,
(3) is detrimental to the health, safety or peace of mind of persons residing in
the immediate vicinity.
(e) The annual kennel license fee established by the fee schedule adopted by the
Governing Body shall be payable in addition to, and not in lieu of, any and all licenses
fees otherwise required under this article.
(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 or clinic.
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(2) Abandoning or leaving any animal in any place without making provisions for
its proper care; or
Having physical custody of any animal and failing to provide such food, potable
water, protection from the elements, opportunity for exercise and other care as is
needed for the health or well-being of such kind of animal.
(4) Intentionally using a wire, pole, stick, rope, or other object to cause an equine to
lose its balance or fall, for the purpose of sport, contest, practice or
entertainment; or
Intentionally grasping, seizing, roping, or tying any equine or bovine by its tail
and/or by any other means which causes it to trip, fall or to be dragged for the
purpose of sport, contest, practice or entertainment (commonly known as "steer
tailing");
(6) Intentionally or recklessly causing any physical injury other than the acts
described in applicable provisions of this Chapter.
7.3.15 Picket or Tethering of Dogs
(a) No person, entity or household shall continuously picket a dog for more than one (1)
continuous hour, except that picketing of the same dog may resume after a hiatus of
three (3) consecutive hours, for up to three (3) hours total time on picket per day.
(b) For the purpose of picketing a dog, a chain, leash, rope or tether shall be at least ten
(10) feet in length, but shall not be of a length to allow the dog to come within two
feet of any property line.
(c) A chain, leash, rope, collaring device, tether, or any assembly or attachments thereto
used to picket a dog shall not weigh more than 118th of the animal's body weight or
due to weight, inhibit the free movement of the animal within the area picketed.
(d) Dogs shall be picketed in such a manner as to prevent injury, strangulation, or
entanglement on fences, trees, or other man made or natural obstacles.
(e) It is unlawful to attach chains or other tether restraint implements directly to a dog
without the proper use of a collar, harness or other device designed for that purpose
and made from a material that prevents injury to the animal.
ARTICLE 4. ANIMAL CRUELTY
7.4.1 Cruelty to animals prohibited.
(a) Defined. For purposes of this article, cruelty to animals means:
(1)
Intentionally killing, injuring, maiming, torturing or mutilating any animal;
(3)
(5)
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(b) Exceptions. The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) Bona fide experiments carried on by commonly recognized research facilities;
(3) Killing, attempting to kill, trapping, catching or taking of any animal in
accordance with the provisions of K.S.A. ch. 32 or 47;
(4) Rodeo practices accepted by the rodeo cowboys' association;
(5) The humane killing of an animal which is diseased or disabled beyond recovery
for any useful purpose, or the humane killing of animals for population control,
by the owner thereof or the agent of such owner, or by a licensed veterinarian at
the request of the owner thereof, or by any officer or agent of an incorporated
humane society, the operator of an animal shelter or pound, local or state health
officer or licensed veterinarian three (3) business days following the receipt of
any such animal at such society, shelter or pound;
(6) With respect to farm animals, normal or accepted practices of animal husbandry;
(7) The killing of any animal by any person at any time which may be found outside
of the owned or rented property of the owner or custodian of such animal and
which is found injuring or posing a threat to any person, farm animal or
property; or
(8) An animal control officer trained by a licensed veterinarian in the use of a
tranquilizer gun, using such gun with the appropriate dosage for the size of the
animal, when such animal is vicious or could not be captured after reasonable
attempts using other methods.
(c) Violation. It shall be a violation of this chapter for any person to commit cruelty to
any animal. Committing cruelty to any animal is a class A Misdemeanor, as defined
within the Uniform Public Offense Code as adopted by the Governing Body.
State law reference— Similar provisions, K.S.A. 21-4310.
7.4.2 Authority to take custody of animal when animal shows evidence of cruelty.
(a) Any code enforcement officer, law enforcement officer, animal control officer, law
enforcement officer, licensed veterinarian or officer or agent of any incorporated
humane society, animal shelter or other appropriate facility may take into custody
any animal, upon either private or public property, which clearly shows evidence of
cruelty to animals as defined within this Chapter. Such officer, agent or veterinarian
may inspect, care for or treat such animal or place such animal in the care of a duly
incorporated humane society or licensed veterinarian for treatment, boarding or other
care, or, if an officer of such humane society or such veterinarian determines that the
animal appears to be diseased or disabled beyond recovery for any useful purpose,
for humane killing. Prior to euthanizing any animal, both the animal control officer
and a licensed veterinarian shall have agreed, in writing, that such act is necessary.
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(b) The owner, custodian or harborer of an animal killed pursuant to subsection (a) of
this section shall not be entitled to recover damages for the killing of such animal
unless the owner proves that such killing was unwarranted.
(c) Expenses incurred for the care, treatment or boarding of any animal taken into
custody pursuant to subsection (a), pending prosecution of the owner, custodian or
harborer of such animal for the violation of cruelty to animals, as defined within this
Code, shall be assessed to the owner, custodian or harborer as a cost of the case if the
owner, custodian or harborer is adjudicated guilty or pleads guilty or nolo
contendere.
(d) If the owner, custodian or harborer is found guilty by the court of committing cruelty
to any animal, as defined in this Code, and the court having jurisdiction is satisfied
that an animal owned or possessed by such person would be in the future subjected
to such violation, such animal shall not be returned to or remain with such person.
Such animal may be turned over to a duly incorporated humane society or licensed
veterinarian for sale or other disposition.
State law reference— Similar provisions, K.S.A. 21-4311.
7.4.3 Inhumane treatment of animals prohibited; violation.
(a) Prohibited. No person shall treat any animal in an inhumane manner as defined in
this chapter.
(b) Violation. It shall be a violation of this chapter for any person to treat any animal in
an inhumane manner or to provide inhumane treatment to any animal. Treating an
animal inhumanely is a class A Misdemeanor, as defined within the Uniform Public
Offense Code as adopted by the Governing Body of the City of Bel Aire.
7.4.4 Unlawful disposition of animals.
(a) Any person who shall put any dead animals, carcasses of such animals, or any part
thereof, into any well, spring, brook, branch, river, creek, pond, road, street, alley,
lane, lot, field, meadow or common shall be deemed guilty of an unclassified
misdemeanor subject to a fine not less than $250.00 and not more than $1000.00.
(b) Any owner of any dead animals, carcasses of such animals, or any part thereof, who
shall knowingly permit the same to remain in any well, spring, brook, branch, river,
creek, pond, road, street, alley, lane, lot, field, meadow or common to the injury of
the health or to the annoyance of or damage to the citizens of the city or any of them,
shall be deemed guilty of an unclassified misdemeanor subject to a fine not less than
$250.00 and not more than $1000.00. Each day the owner or owners shall permit the
same to remain shall be deemed an additional offense.
(c) Persons disposing of dead animals shall do so in one (1) of the following ways: (1)
burial, (2) incineration, (3) delivery or unloading of the carcasses of dead animals or
packing house refuse at a disposal plant, substation, rendering plant or place of
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transfer licensed by the livestock commissioner of the state, or (4) in accordance
with appropriate state and local rules and regulations.
(d) Any person who shall raffle, give as a prize or premium or use as an advertising
device or promotional display, any living rabbit, chicken, duck, or goose, shall be
deemed guilty of a violation of this Code, and subject to the general penalties
provisions. This subsection shall not apply to the giving of such animals to minors
for use in agricultural projects under the supervision of commonly recognized youth
farm organizations.
State law reference— Similar provisions, K.S.A. 21-4312.
7.4.5 Fighting dogs.
(a) Fighting dogs prohibited. For purposes of this section, unlawful conduct of
dogfighting is:
(1) Causing, for amusement or gain, any dog to fight with or injure another dog;
(2) Knowingly permitting such fighting or injuring on premises under one's
ownership, charge or control; or
(3) Training, owning, keeping, transporting or selling any dog for the purpose or
with the intent of having it fight with or injure another dog.
(b) Disposition of fighting dogs.
(1)
When a person is cited under this section, any code enforcement officer, law
enforcement officer, animal control officer, law enforcement officer, licensed
veterinarian or officer or agent of any incorporated humane society, animal
shelter or other appropriate facility may take into custody any dog on the
premises where the dogfight is alleged to have occurred, and any dog owned,
harbored or kept on the premises of any person cited under this section.
(2) When a code enforcement officer, law enforcement officer, animal control
officer, law enforcement officer, licensed veterinarian or officer or agent of any
incorporated humane society, animal shelter or other appropriate facility takes
custody of a dog under this section, such officer may place the dog in the care of
a duly incorporated humane society, animal shelter or licensed veterinarian for
boarding, treatment or other care. If it appears to an officer of such humane
society or a licensed veterinarian that the dog is diseased or disabled beyond
recovery for any useful purpose, such dog may be humanely killed. Except as
provided in subsection (b)(3) of this section, if it appears to the licensed
veterinarian by physical examination that the dog has not been trained for
aggressive conduct or is a type of dog that is not commonly bred or trained for
aggressive conduct, the city prosecutor shall order that the dog be returned to its
owner when the dog is not needed as evidence in a case filed under this section
or under any other section of this Chapter. The owner, harborer, or keeper of a
dog humanely killed under this subsection shall not be entitled to damages
unless the owner proves that such killing was unwarranted.
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(3)
If a person is convicted of causing or permitting dogs to fight or of attending a
dogfight under this section, a dog taken into custody pursuant to subsection
(b)(1) shall not be returned to such person, and the expenses incurred for the
care, treatment and boarding of such dog prior to conviction of the owner,
harborer or keeper shall be assessed to the owner, harborer or keeper.
Disposition of such dog shall be in accordance with applicable provisions of this
Chapter.
(c) Harboring a dog after a conviction prohibited. Illegal ownership, harboring or
keeping of a dog is owning, harboring or keeping on one's premises a dog by a
person convicted of causing or permitting dogs to fight under this section within five
(5) years of the date of such conviction.
(d) Violations.
(1) Causing or permitting a dog to fight. It shall be a violation of this chapter for
any person to cause or to permit any dog to fight. Causing or permitting a dog to
fight is a class B misdemeanor, as such is defined by the Uniform Public
Offense Code as adopted by the City.
(2) Attending a dogfight. It shall be a violation of this chapter for any person to
attend any unlawful conduct of a dogfight. Attending a dogfight is a class B
misdemeanor, as such is defined by the Uniform Public Offense Code as
adopted by the City.
Harboring a dog after a conviction. It shall be a violation of this chapter for any
person to harbor any dog after a conviction for any violation of this section
within five (5) years of the date of such conviction. Harboring a dog after a
conviction for dog fighting is a class B misdemeanor.
(3)
State law reference— Dog fighting, K.S.A. 21-4315 et seq.
7.4.6 Surrendered animal by harborer/owner.
(a) Defined. For purposes of the animal code, surrendered animal means:
(1)
Where the name and address of the animal's owner/harborer is reasonably
known to the animal control officer or code enforcement officer, and reasonable
notice is provided of the animal being taken into the custody of animal control,
any animal subsequently not redeemed by the harborer/owner from the animal
shelter or appropriate facility within six (6) calendar days of the notice, shall be
deemed surrendered.
(2) Where the name and address of the animal's harborer/owner is not reasonably
known to the animal control officer or code enforcement officer, and reasonable
notice cannot be provided of the animal being taken into the custody of animal
control, any animal subsequently not redeemed by the harborer/owner from the
animal shelter or appropriate facility within three (3) calendar days of the date
the animal comes into the custody of animal control, shall be deemed
surrendered.
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(3)
Where the animal is defined as livestock (cow, ox or other bovine, goat, sheep,
horse, ratites, donkey, swine, mule or other animal of similar or larger size) and
the name and address of the animal's owner/harborer is reasonably known to the
animal control officer or code enforcement officer, and reasonable notice is
provided of the animal being taken into the custody of animal control, any
animal subsequently not redeemed by the harborer/owner from the appropriate
facility within ten (10) calendar days of the notice, shall be deemed surrendered.
Where the name and address of the livestock's owner/harborer is not reasonably
known to the animal control officer or code enforcement officer, and reasonable
notice cannot be provided of the animal being taken into the custody of animal
control, any livestock animal subsequently not redeemed by the owner/harborer
from the appropriate facility within ten (10) calendar days of the date the
livestock animal comes into the custody of animal control, shall be deemed
surrendered.
(b) Disposition of surrendered animal.
(1)
Inhumane treatment/cruelty. If the animal control or code enforcement officer
takes into custody any animal suspected to be inhumanely treated or subjected to
animal cruelty, the said officer may request the municipal court judge to be
allowed to place the animal for adoption or euthanize the animal after three (3)
calendar days following notification to the owner/harborer of such surrendered
animal, or in the case where notice cannot be provided, after six (6) calendar
days after the animal comes into the custody of animal control or in the case of
livestock within ten (10) calendar days after the animal comes into the custody
of animal control; unless the harborer/owner files a cash bond with the clerk of
the municipal court, in an amount not less than the cost of care and treatment
which is to include daily fees or pickup fees, wholesome food, potable water,
veterinarian care, any procedures deemed necessary for the wellbeing and
maintenance of said animal, medical supplies, medications and/or vaccinations
deemed necessary for said animal for thirty (30) days, as determined by code
enforcement officer, or designee or designee. If the animal remains in the legal
custody of the animal control or code enforcement officer for a period exceeding
thirty (30) days, after written notice to the owner/harborer, the officer may
request the municipal court judge to increase the amount of the cash bond to
cover the costs for the animal. The increased amount, if any, must be paid in to
the municipal court clerk within three (3) calendar days. If not so paid, the said
officer may make proper disposition of the animal or authorize the shelter or
authorized facility to make disposition of the animal. The owner/harborer shall
then be deemed to have abandoned the cash bond which shall be paid over to the
shelter or authorized facility.
(2) Adjudication. If the harborer/owner of such animal is adjudicated not guilty or
the municipal court judge after an adjudication of guilty is made, finds that such
animal should be returned, such person may redeem the animal within three (3)
calendar days. If such animal in not redeemed within three (3) calendar days,
then the shelter or authorized facility shall make disposition of the animal. Any
proceeds derived from such sale or disposition shall be paid to the shelter or
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(3)
authorized facility. If the harborer/owner is adjudicated guilty and the municipal
court judge finds the animal should not be returned, the animal control officer or
code officer shall make disposition or direct the shelter or authorized facility to
make disposition of the animal.
Nuisance. The harborer/owner of a nuisance animal shall redeem the animal within
the time limits set forth in this Code regardless of the adjudication of the nuisance
case. If the animal is not so redeemed and found surrendered, the animal control
officer or code officer shall make disposition or direct the shelter or authorized
facility to make disposition of the animal.
SECTION 2. This ordinance repeals and replaces all previously adopted animal codes
or ordinances upon these matters.
SECTION 3. This Ordinance shall take effect and be in force from and after the
publication of its summary in the Ark Valley News, an official city newspaper.
Passed by the City Council this 2nd day of September, 2014.
Approved by the Mayor this 2nd day of September, 2014.
MAYOR, David Austin
ATTEST:
I ) CLERK, Jamie Haye
SEAL
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