Chapter 18 ANIMALS*
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*Cross reference(s)--Hauling of stable manure, offal, house
refuse, night soil or dead animals on Kansas Avenue, § 54-5;
interfering with or abusing police dog, § 54-74; animal noise,
§
54-165; nuisances, § 66-26 et seq.; health and sanitation, ch.
78; transportation of dead animals and packinghouse refuse, §
78-
361 et seq.; Topeka Zoological Park, § 102-301 et seq.; animals
prohibited on buses, § 154-31.
State law reference(s)--Livestock and domestic animals,
K.S.A. ch. 47.
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Article I. In General
Sec. 18-1. Definitions.
Sec. 18-2. Violations of chapter, mandatory minimum punishment.
Sec. 18-3. Transportation and handling charges imposed in certain
cases.
Sec. 18-4. Cruelty to animals.
Sec. 18-5. Mistreatment of young fowl, rabbits and other animals.
Sec. 18-6. Exotic or captive wild animals.
Sec. 18-7. Injuring or killing of wild and undomesticated animals
unlawful; exceptions.
Sec. 18-8. Vicious animals.
Sec. 18-9. Keeping or harboring animals on property upon which no
person resides.
Sec. 18-10. Dead animals in public places.
Sec. 18-11. Animal fighting.
Secs. 18-12--18-30. Reserved.
Article II. Administration and Enforcement
Sec. 18-31. Authority of police officers and parks and recreation
department employees.
Sec. 18-32. Animal control officer.
Sec. 18-33. Reserved.
Secs. 18-34--18-55. Reserved.
Article III. Rabies Control
Sec. 18-56. Report of certain animals.
Sec. 18-57. Reserved.
Sec. 18-58. Reserved.
Sec. 18-59. Demand to produce animal; expense.
Sec. 18-60. Reserved.
Sec. 18-61. Reserved.
Sec. 18-62. Killing or removing certain animals restricted.
Sec. 18-63. Surrender of animal carcass on demand.
Sec. 18-64. Reserved.
Secs. 18-65--18-85. Reserved.
Article IV. Dogs
Division 1. Generally
Sec. 18-86. Definitions.
Sec. 18-87. Complaint and notice to appear.
Sec. 18-88. Running at large prohibited.
Sec. 18-89. Confinement of certain dogs required.
Sec. 18-90. Vicious dogs.
Sec. 18-91. Breeding.
Secs. 18-92--18-100. Reserved.
Division 2. Permit
Sec. 18-101. Required.
Sec. 18-102. When required.
Sec. 18-103. Exception--Nonresidents.
Sec. 18-104. Same--Seeing-eye dogs, military and police dogs.
Sec. 18-105. Application.
Sec. 18-106. Vaccination certificate prerequisite to issuance.
Sec. 18-107. Fees.
Sec. 18-108. Term.
Sec. 18-109. Obtaining permits after deadline; enforcement
procedure.
Sec. 18-110. Tag.
Sec. 18-111. Unlawful use.
Secs. 18-112--18-120. Reserved.
Division 3. Impoundment
Sec. 18-121. When at large.
Sec. 18-122. When without a tag.
Sec. 18-123. Killing of dog when unable to capture.
Sec. 18-124. Notification of owner.
Sec. 18-125. Detention period.
Sec. 18-126. Redemption.
Sec. 18-127. Failure to redeem.
Sec. 18-128. Interference.
Secs. 18-129--18-140. Reserved.
Division 4. Pit Bull Dogs
Subdivision I. General Provisions
Sec. 18-141. Definitions.
Sec. 18-142. Exemptions.
Sec. 18-143. Failure to comply with division; penalty.
Sec. 18-144. Prohibition.
Sec. 18-145. Penalty for violation of division.
Sec. 18-146. Costs to be paid by responsible persons.
Sec. 18-147. Notice of keeping dangerous animals.
Sec. 18-148. Seizure and impounding.
Sec. 18-149. Appeals--Fees; notice.
Sec. 18-150. Same--Administrative hearing.
Sec. 18-151. Subpoena power.
Sec. 18-152. Appeal of decision of municipal court judge;
district court.
Sec. 18-153. Leash and muzzle.
Sec. 18-154. Confinement--Generally.
Sec. 18-155. Same--Indoors.
Sec. 18-156. Signs.
Sec. 18-157. Insurance.
Sec. 18-158. Identification photographs.
Sec. 18-159. Reporting requirements.
Secs. 18-160--18-170. Reserved.
Subdivision II. Permit
Sec. 18-171. Required; impoundment of nonpermitted dogs.
Sec. 18-172. Keeping without a permit prohibited; restrictions to
issuance.
Sec. 18-173. Application.
Sec. 18-174. Fee.
Sec. 18-175. Temporary permits; powers of animal control officer.
Sec. 18-176. Term and renewal.
Sec. 18-177. Inspections for renewal.
Sec. 18-178. Revocation.
Sec. 18-179. Commercial establishments.
Secs. 18-180--18-200. Reserved.
Article V. Cats
Division 1. Generally
Sec. 18-201. Definitions.
Sec. 18-202. Complaint; notice to appear.
Sec. 18-203. Confinement of female cats in heat.
Sec. 18-204. Sale or transfer by certain persons; disclosures.
Secs. 18-205--18-215. Reserved.
Division 2. Permit
Sec. 18-216. Required.
Sec. 18-217. When required.
Sec. 18-218. Exception for nonresidents.
Sec. 18-219. Application.
Sec. 18-220. Vaccination certificate prerequisite to issuance.
Sec. 18-221. Fees.
Sec. 18-222. Term.
Sec. 18-223. Tags.
Sec. 18-224. Validity; renewal.
Sec. 18-225. Obtaining permit after deadline; enforcement
procedure.
Secs. 18-226--18-235. Reserved.
Division 3. Impoundment
Sec. 18-236. Cats without current tag.
Sec. 18-237. Notification of owner.
Sec. 18-238. Detention period.
Sec. 18-239. Redemption.
Sec. 18-240. Failure to redeem.
Secs. 18-241--18-260. Reserved.
Article VI. Livestock
Sec. 18-261. Keeping near residences or businesses.
Sec. 18-262. To be kept in sanitary buildings.
Sec. 18-263. Swine prohibited.
Sec. 18-264. Exceptions to restrictions on keeping livestock.
Sec. 18-265. Nonconforming keeping of livestock.
Sec. 18-266. Livestock as a nuisance.
Sec. 18-267. Running at large or driving herds prohibited.
Sec. 18-268. Grazing in public prohibited.
Secs. 18-269--18-290. Reserved.
Article VII. Fowl
Sec. 18-291. Keeping of domestic fowl regulated.
Sec. 18-292. Running at large prohibited.
Sec. 18-293. Destruction of birds and bird's nests prohibited;
exceptions.
ARTICLE I. IN GENERAL
Sec. 18-1. 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 shelter means any premises designated by city administrative
authority for the purpose of impounding and caring
for animals held under authority of this chapter.
Exposed to rabies means an animal which has been bitten by
or subjected to danger, attack or harm by any creature known to
have been infected with rabies.
Humane society means the Helping Hands Humane Society in the
city.
Owner means any person owning, keeping, possessing or
harboring any animal, or any person operating a kennel.
Vicious means a cross, ferocious or dangerous disposition or
a habit, tendency or disposition to snap, attack or bite any
person or other animal.
(Code 1981, § 8-1)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 18-2. Violations of chapter, mandatory minimum punishment.
The judge of the municipal court of the city shall, upon a
conviction of any section in this chapter, other than section 18-
90, sentence the owner, harborer or possessor of such animal as
follows:
(1) Upon a first conviction, the sentence
shall be not less
than $50.00 nor more than $100.00.
(2) Upon a second conviction, the sentence
shall be not
less than $150.00 nor more than $200.00.
(3) Upon a third or subsequent conviction,
the sentence
shall be not less than $499.00 and not less
than two
days' imprisonment nor more than ten days'
imprisonment.
(4) If there are multiple charges arising
out of one
incident, all charges shall be treated at
the same
level. For the purposes of determining whether
a
conviction is a first, second, third or subsequent
conviction, the term "conviction" includes
a conviction
of a violation of any ordinance of any city
or a law of
any state which is in substantial conformity
with this
chapter.
(Ord. No. 16422, § 1(8-7), 2-25-92)
Sec. 18-3. Transportation and handling charges imposed in certain
cases.
If a person is convicted of a violation of a section in this
chapter and the animal was transported by the city police
department to an animal shelter, then the judge of the municipal
court shall impose and collect $30.00 for handling and
transportation of the animal.
(Code 1981, § 8-8)
Sec. 18-4. Cruelty to animals.
(a) It shall be unlawful for any person to:
(1) Intentionally kill, injure, maim,
torture or mutilate
any animal;
(2) Abandon or leave any animal in any
place without making
provisions for its proper care; or
(3) Have physical custody of any animal
and fail to provide
such food, water, protection from the elements,
opportunity for exercise or other care as
is needed for
the health or well-being of such animal.
(b) Any public health officer, law enforcement officer or
licensed veterinarian, or any officer or agent of any duly
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 in subsection (a) of this section and
subsections thereto. 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 and other care or, if it
appears, as determined by an officer of such humane society or by
such veterinarian, that the animal is diseased or disabled beyond
recovery for any useful purpose, the humane killing thereof.
(c) The owner of an animal killed pursuant to subsection (b)
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.
(d) Expenses incurred for the care, treatment or boarding of
any animal taken into custody pursuant to subsection (b) of this
section, pending prosecution of the owner of such animal for the
crime of cruelty to animals, as defined in subsection (a), shall
be assessed to the owner as a cost of the case if the owner or
custodian is adjudicated guilty of such crime.
(e) If a person is adjudicated guilty of the crime of
cruelty to animals, as defined in subsection (a) of this section,
and the court is satisfied that an animal owned or possessed by
such person would be in the future subjected to such crime, 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.
(Ord. No. 16421, § 1(8-6), 2-25-92)
State law reference(s)--Cruelty to animals, K.S.A. 21-4310,
21-4311.
Sec. 18-5. Mistreatment of young fowl, rabbits and other animals.
(a) It shall be unlawful for any person to possess, display,
sell or to give away any ducklings, chicks, fowls or rabbits as
pets, playthings, novelties, gifts, for advertising or sales
promotional purposes, or to suffer or cause such animals or fowl
to be dyed, colored or in any way artificially treated.
(b) 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
such animals or fowl to be raised for food; but no such
hatcheries, stores, owners, dealers or persons shall sell or give
away baby chicks, ducks, fowls 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.
(Code 1981, § 8-3)
Sec. 18-6. Exotic or captive wild animals.
(a) Keeping, maintaining, etc. It shall be unlawful for any
person to own, keep, maintain or have in his possession or under
his control, within the city limits, any live mammal, bird or
reptile, except as excluded in subsection (d).
(b) Selling, trading, etc. It shall be unlawful for any
person to willfully sell, offer for sale, trade or offer for
trade, within the city limits, any live mammal, bird or reptile,
except as excluded in subsection (d).
(c) Buying, accepting in trade. It shall be unlawful for any
person to willfully buy or accept in trade, within the city
limits, any live mammal, bird or reptile except as excluded in
subsection (d).
(d) Animals excluded by section. Animals excluded by this
section are:
(1) Domestic dogs.
(2) Domestic cats.
(3) Domestic hoofstock.
(4) Rodents.
(5) European ferrets.
(6) Rabbits.
(7) Birds, except for ostriches, emus,
rheas and
cassowaries.
(8) Nonvenomous snakes less than eight feet in length.
(9) Nonvenomous lizards.
(10) Turtles, except snapping turtles.
(11) Amphibians.
(12) Fish.
(13) Invertebrates.
(e) Exemptions. The prohibitions of this section shall not
apply to bona fide:
(1) Zoos, as defined by the American
Association of
Zoological Parks and Association of Zoological
Parks
and Aquariums.
(2) Medical institutions.
(3) Educational institutions.
(4) Veterinary clinics in possession of the animals prohibited under this section.
(5) Circuses, if properly licensed by the city.
(6) Carnivals, if properly licensed by the city.
(7) Persons who own, keep, maintain or
have in their
possession or under their control any live
mammal, bird
or reptile except as excluded in subsection
(d) on or
before July 1, 1989, provided, however, that
such
persons have obtained from the city treasurer,
or an
agent authorized by the city treasurer, a
permit for
each prohibited animal pursuant to the requirements
set
forth in subsection (j) of this section.
(8) Persons temporarily transporting
such animals through
the city.
(9) Persons designated and licensed as
animal
rehabilitators by the state fish and game
commission.
(f) Sanitary requirements. All persons and institutions
listed in subsection (e) must ensure that all animals and animal
quarters conform to the provisions of the nuisance ordinances of
the city and are kept in a clean and sanitary condition and so
maintained as to limit objectionable odors; and shall ensure that
all animals are maintained in quarters which are adequately
constructed so as to prevent their escape.
(g) Licensing. All persons and institutions listed in
subsection (e) must be properly licensed, if so required, by any
rule or regulation promulgated under the authority of federal
statute enacted by the United States, or by any statute enacted
by the state, or by any rule or regulation promulgated by any
agency or department as authorized by state statute.
(h) Violations. A violation of any provision of this section
shall constitute a new and separate offense each calendar day the
violation continues to exist.
(i) Destruction or removal of prohibited animals. Upon
conviction of a violation of this section, the judge of the
municipal court of the city may order the owner, harborer, keeper
or possessor to confine, destroy or remove from the city any
animal prohibited under this section.
(j) Permit required; application; fees.
(1) No person, as described in subsection
(e)(7), shall
own, keep or harbor within the corporate limits
of this
city any animal prohibited by this section
without
first obtaining a permit from the city treasurer,
or an
agent of the city treasurer, who may issue
such permit
when proper application is made in writing.
(2) Applications for exotic or captive
wild animal permits
shall be made to the city treasurer, or authorized
agent of the city treasurer, upon forms provided
by the
city treasurer and setting forth such information
as
necessary to properly implement the provisions
of this
section. Each application must contain, but
shall not
be limited to, the name of the owner, harborer,
keeper
or possessor of the animal, his street address,
mailing
address and telephone number. Such application
forms shall be completed by the applicant and submitted to
the city treasurer, or authorized agent, for
approval
and payment of the permit fee. The application
form
shall serve as the exotic or captive wild
animal permit
and shall constitute consent by the applicant
to any
reasonable inspection of the animal.
(3) The permit fees under this section
shall be $50.00 per
animal for each permit year. The permit year
shall be
from January 1 through December 31 of each
year.
(Code 1981, § 8-9)
Sec. 18-7. Injuring or killing of wild and undomesticated animals
unlawful; exceptions.
It shall be unlawful for any person to injure, kill, maim,
molest, torture or destroy any wild or undomesticated animal in
the city; provided, that upon complaint to the police department
that any wild or undomesticated animal has caused or is causing
damage or destruction of property upon any private premises in
the city, such animal may be taken into custody and destroyed by
an approved pest control firm or company upon the issuance of a
permit by the police department; provided, however, that rats,
mice and like rodents infesting any private premises may be
controlled and destroyed at any time without a permit.
(Code 1981, § 8-2)
Sec. 18-8. Vicious animals.
(a) The animal control officer shall investigate each case
of any animal reported as being vicious and shall seize and
impound such animal unless the owner thereof shall agree to
permanently keep the animal confined or in a secure enclosure
upon the owner's own premises when the animal is found to be
vicious.
(b) The owner shall report immediately to the public health
officer any animal which has actually bitten or scratched any
person, regardless of the circumstances involved, and shall cause
the animal to be confined until released as provided in article
III of this chapter. "Confinement" means that the owner shall
have such animal confined in a secure enclosure upon the owner's
own premises or the animal officer shall impound the animal.
(c) If the vicious animal attacks or bites some person or
animal, the provisions of section 18-90 shall control the
disposition of the matter. If the vicious animal is found to be
unconfined or off the owner's premises after the owner has been
ordered or has agreed to confine the vicious animal, the general
sentencing provisions for animal control offenses shall control
the disposition of the matter.
(Code 1981, § 8-4)
State law reference(s)--Permitting dangerous animal to be at
large, K.S.A. 21-3418.
Sec. 18-9. Keeping or harboring animals on property upon which no
person resides.
(a) More than one animal prohibited. It shall be unlawful
for any person to confine, harbor, keep or maintain more than one animal
on property uninhabited by humans within the city limits.
(b) Exceptions. The prohibition of this section shall not
apply to bona fide:
(1) Zoos, as defined by the American
Association of
Zoological Parks and Association of Zoological
Parks
and Aquariums.
(2) Medical institutions.
(3) Educational institutions.
(4) Licensed veterinary clinics.
(5) The humane society.
(6) Persons or households engaged in
the commercial
business of buying, selling, training or boarding
animals.
(7) Animals maintained on nonresidential
commercial
properties for security purposes.
(Code 1981, § 8-11)
Sec. 18-10. Dead animals in public places.
(a) It shall be unlawful for any person to put any dead
animal in any street, avenue, alley or other public place in the
city and it shall be the duty of the owner, possessor and all
persons having knowledge of any dead animal in the city to
immediately report it to the city clerk, giving the kind of
animal and the place where such animal may be found.
(b) It shall be the duty of the animal control officer,
immediately upon the receipt of a report under this section, to
remove or provide for the removal of the dead animal.
(Code 1981, §§ 8-163, 8-164)
State law reference(s)--Disposal of dead animals, K.S.A. 47-
1201 et seq.
Sec. 18-11. Animal fighting.
(a) Defined. For purposes of this section, the term "animal
fighting" means any fight or wrestling match between cocks or
other birds, between dogs, bulls, bears or any other animal, or
between any such animal and a person, except at exhibits
sponsored by licensed rodeos and circuses.
(b) Activities prohibited. A person who engages in any of
the following proscribed conduct shall be guilty of a
misdemeanor:
(1) Causing any animal to engage in animal
fighting for
amusement or financial gain;
(2) Training any animal under circumstances
evincing an
intent that such animal engage in animal fighting,
for
amusement or financial gain;
(3) Permitting any act described in subsection (b)(1) or (b)(2) to occur on premises under his control;
(4) Owning, possessing or keeping of
any animal under
circumstances evincing an intent that such
animal
engage in animal fighting;
(5) Attending an exhibition of animal
fighting as a
spectator;
(6) Placing or accepting a wager at any
place where an
exhibition of animal fighting is being conducted.
(c) Subsections (b)(1) to (b)(4) do not apply to conduct
involving dogs.
(Code 1981, § 8-10)
State law reference(s)--Dog fighting, K.S.A. 21-4315 et seq.
Secs. 18-12--18-30. Reserved.
ARTICLE
II. ADMINISTRATION AND ENFORCEMENT
Sec. 18-31. Authority of police officers and parks and recreation
department employees.
The police officers of the city are authorized to enforce
this chapter and to aid and assist the animal control officer in
the enforcement of this chapter. Employees of the department of
parks and recreation are authorized to enforce this chapter and
to aid and assist the animal control officer in the enforcement
of this chapter with respect to animals at large in public parks
or recreation areas.
(Code 1981, § 8-24)
Sec. 18-32. Animal control officer.
(a) There is hereby created an office to be known as animal
control officer for the enforcement of ordinances relating to
animals.
(b) The animal control officer shall be appointed by the
mayor by and with the advice and consent of the city council. The
animal control officer shall receive such salary as may be
provided by ordinance and shall be responsible to the chief of
police.
(Code 1981, §§ 8-22, 8-23)
Sec. 18-33. Reserved.
Editor's note--Ordinance No. 17075, § 1, adopted January
28,
1997, repealed § 18-33. Formerly, such section pertained to
spread of disease, action by public health officer to prevent and
derived from § 8-5 of the 1981 Code.
Secs. 18-34--18-55. Reserved.
ARTICLE III. RABIES CONTROL
Sec. 18-56. Report of certain animals.
Every person shall promptly report to the public health
officer:
(1) Any animal which bites a person;
(2) Any rabid animal; or
(3) Any animal suspected of being rabid.
(Code 1981, § 8-181)
Sec. 18-57. Reserved.
Editor's note--Ordinance No. 17075, § 1, adopted January
28,
1997, repealed § 18-57. Formerly, such section pertained to
confinement of reported animals and derived from § 8-182 of the
1981 Code.
Sec. 18-58. Reserved.
Editor's note--Ordinance No. 17075, § 1, adopted January
28,
1997, repealed § 18-58. Formerly, such section pertained to place
of confinement and derived from § 8-183 of the 1981 Code.
Sec. 18-59. Demand to produce animal; expense.
An owner, upon demand by the public health officer, shall
surrender any rabid animal, any animal which has bitten a human,
or any animal suspected as having been exposed to rabies, for
supervised quarantine or destruction, which expense shall be
borne by the owner, and such animal may be reclaimed by the owner
if and when adjudged free of rabies and upon compliance with the
permit provisions set forth in this chapter.
(Code 1981, § 8-184)
Sec. 18-60. Reserved.
Editor's note--Ordinance No. 17075, § 1, adopted January
28,
1997, repealed § 18-60. Formerly, such section pertained to
notification of certain persons of rabid animal and derived from
§ 8-185 of the 1981 Code.
Sec. 18-61. Reserved.
Editor's note--Ordinance No. 17075, § 1, adopted January
28,
1997, repealed § 18-61. Formerly, such section pertained to city
wide quarantine and derived from § 8-186(a)--(c) of the 1981
Code.
Sec. 18-62. Killing or removing certain animals restricted.
No person shall kill or cause to be killed any rabid animal,
any animal suspected of having been exposed to rabies, or any
animal biting a human, except as provided in this article, nor
remove any such animal from the city limits, without first
obtaining written permission from the public health officer.
(Code 1981, § 8-186(d))
Sec. 18-63. Surrender of animal carcass on demand.
The carcass of any dead animal exposed to rabies shall upon
demand be surrendered to the public health officer.
(Code 1981, § 8-186(e))
Sec. 18-64. Reserved.
Editor's note--Ordinance No. 17075, § 1, adopted January
28,
1997, repealed § 18-64. Formerly, such section pertained to heads
of rabid animals to be sent to state health department and
derived from § 8-187 of the 1981 Code.
Secs. 18-65--18-85. Reserved.
ARTICLE IV. DOGS
DIVISION 1. GENERALLY
Sec. 18-86. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
At large. An animal shall be deemed to be at large when it
is not on the property of its owner and not under the physical
control of the owner by leash or other similar device; voice
control only will not be considered adequate control.
Attack means any violent or aggressive physical action or
contact.
Dog means any domestic or wild dog.
Kennel means any person engaged in the business of breeding,
buying, selling or boarding dogs.
Neutered male means any male dog which by operation has been
made infertile or one that has been certified by a licensed
veterinarian as being naturally infertile.
Owner means any person owning, keeping, harboring or
possessing any dog or any person operating a kennel.
Restraint means confined by building, fence, leash or other
appropriate means, or if accompanied by a competent person and
under the person's immediate control.
Secure enclosure means any structure secure on four sides,
top and bottom, equipped with a gate or door that has a lock that
secures such gate or door from being opened by anyone other than
the owner, harborer, keeper or possessor of the dog, as set forth
in section 18-89(a).
Spayed female means any female dog which has been operated
upon to prevent conception.
Veterinary hospital means any establishment maintained and
operated by a licensed veterinarian for the diagnosis and
treatment of diseases and injuries of dogs.
(Code 1981, § 8-41)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 18-87. Complaint and notice to appear.
The animal control officer shall have the power to issue a
complaint and notice to appear against the owner of a dog subject
to, but not in compliance with, this article; provided that no
owner charged with violating the provisions of section 18-101
shall be convicted of violating section 18-101 if the owner
produces in court, or at the offices of the animal control
officer, a valid permit for the dog, issued prior to the issuance
of the complaint and notice to appear.
(Code 1981, § 8-43)
Sec. 18-88. Running at large prohibited.
It shall be unlawful for the owner, keeper or harborer of
any dog to permit such dog to run at large. The fact of a dog
being found at large shall be prima facie evidence of a violation
of this section.
(Code 1981, § 8-42)
Sec. 18-89. Confinement of certain dogs required.
(a) The owner shall confine within a building or secure
enclosure:
(1) Every fierce, dangerous or vicious dog;
(2) Every dog having a natural propensity
to be fierce,
dangerous or vicious; and
(3) Every unspayed female dog in heat,
in such a manner
that such female cannot come into contact
with another
dog except for planned breeding.
(b) It shall be unlawful for the owner of any unspayed
female dogs to keep such dogs in such manner as to cause a
nuisance by attracting male dogs to the premises of such owner.
(Code 1981, § 8-44)
State law reference(s)--Permitting dangerous animals to be
at large, K.S.A. 21-3418.
Sec. 18-90. Vicious dogs.
(a) Prohibited. It is unlawful for any owner, harborer,
keeper or possessor who keeps any dog within the city limits to
allow the following, and the same are declared to be public
nuisances and prohibited:
(1) To permit such dog to attack or bite
any person or
animal that is not upon the premises of the
owner,
harborer, keeper or possessor.
(2) To permit such dog to attack or bite
any person or
animal that is upon the premises of the residence
of
such owner, harborer, keeper or possessor.
It shall be
an affirmative defense to this subsection
(a)(2) that
the use of such dog to attack or bite any
person was
necessary to prevent or apprehend a person
engaged in
committing an act of violence, robbery, criminal
trespass or theft upon such property.
(3) To permit such dog kept by such owner,
harborer, keeper
or possessor within or upon the premises of
any
business establishment to attack or bite any
person or
animal upon such premises. It is an affirmative
defense
to this subsection (a)(3) that the use of
such dog to
attack or bite any person was necessary to
prevent or
apprehend a person engaged in committing an
act of
violence, robbery, criminal trespass or theft
upon such
property.
(b) Exceptions. The provisions of subsection (a) shall not
apply to any law enforcement officer who uses or employs the dog
while engaged in law enforcement activities, nor to any owner,
harborer, keeper or possessor of any dog which attacks or bites a
person engaged in physically attacking or striking such owner,
harborer, keeper or possessor.
(c) Complaint and notice to appear.
(1) Any person who witnesses or has other
personal
knowledge that an act made unlawful by the
provisions
of this section has been committed in violation
of such
provisions may sign a complaint against the
alleged
violator.
(2) Any police officer, reserve police
officer or animal
control officer of the city is authorized
to issue a
uniform complaint and notice to appear to
any person
when such officer personally observes a violation
of
the provisions of this section or when information
is
received from any person who has personal
knowledge
that an act or acts which are made unlawful
by the
provisions of this section have occurred.
(d) Ex parte hearings and court orders. The municipal court
of the city is empowered to hold ex parte hearings to determine
whether there are reasonable grounds to believe that a dog may
constitute a danger to any person if not impounded. After such
hearing, if the court finds such reasonable grounds to exist, the
court is empowered to enter orders, either on its own motion or
on the motion of the city attorney or the city attorney's
authorized representative, to seize and impound, or continue the
impoundment of, such dog until the completion of all trial and
legal proceedings held in the municipal court of the city to
determine whether there has been a violation of this section. If
a dog is ordered to be impounded pursuant to this subsection, the
person who owns, harbors, keeps or possesses such dog shall be
entitled to a hearing in the municipal court within 14 days of
such order to review the propriety of such impoundment. Costs of
such impoundment shall be assessed to the owner, harborer, keeper
or possessor of such dog.
(e) Punishment. Upon a first conviction of a violation of
this section, a person shall be fined not less than $250.00 nor
more than $400.00. The person convicted must pay at least $250.00
before the person is granted suspension or reduction of sentence.
On a second or subsequent conviction of a violation of this
section within seven years of the most recent conviction, a
person shall be sentenced to not less than five days'
imprisonment nor more than 30 days' imprisonment, and shall be
fined not less than $350.00 nor more than $499.00. The person
convicted must serve at least five days' imprisonment and pay at
least $350.00 before the person is granted suspension or
reduction of sentence.
(f) Destruction of dog. Upon an initial conviction of a
violation of this section, the judge of the municipal court of
the city may order the owner, harborer, keeper or possessor of
such vicious dog to destroy such dog. Upon a second or subsequent
conviction, the judge shall order the owner, harborer, keeper or
possessor to destroy the dog.
(g) Confinement of dog. Upon conviction of a violation of
this section, the judge of the municipal court shall order the
owner, harborer, keeper or possessor of such vicious dog to
confine such dog in a secure enclosure or building. If the
vicious dog is taken off the property by the owner, harborer,
keeper or possessor, the judge shall order the dog to be under
the direct physical control of some person by use of a chain,
leash or similar device, and the dog shall be muzzled. Failure to
comply with any such order shall be deemed a violation of this
section, and shall subject the owner, harborer, keeper or
possessor of such dog to the contempt powers of the court issuing
such order.
(Code 1981, § 8-45)
State law reference(s)--Permitting dangerous animals to be
at large, K.S.A. 21-3418.
Sec. 18-91. Breeding.
Any business, individual, organization or entity engaged in
the practice or business of breeding and/or selling dogs, with or
without monetary compensation, shall provide the city treasurer
the following information within ten days after ownership of any
dog is transferred:
(1) The date of the sale or transfer of ownership.
(2) The name and address of the new owner.
(3) A description of the dog sufficient
for identification
by an animal control officer.
(4) Approximate age of the dog.
(Ord. No. 16374, § 1(8-65), 10-1-91)
Secs. 18-92--18-100. Reserved.
DIVISION 2. PERMIT
Sec. 18-101. Required.
No person shall own, keep or harbor within the corporate
limits of this city any dog over six months of age without first
obtaining a permit therefor from the city treasurer, or agent
authorized by the city treasurer, who may issue such permit when
proper application is made in writing.
(Code 1981, § 8-56)
Sec. 18-102. When required.
The owner of a dog shall be required to have a permit for
the dog upon the date it is brought into the city or attains the
age of six months, whichever is later.
(Code 1981, § 8-62)
Sec. 18-103. Exception--Nonresidents.
The permit and vaccination requirements of this division
shall not apply to a nonresident dog owner who keeps the dog
within the city for not longer than 30 days, provided, that at
all times such dog is under restraint.
(Code 1981, § 8-57)
Sec. 18-104. Same--Seeing-eye dogs, military and police dogs.
A person owning, keeping or harboring a dog that has been
retired from the United States armed forces, a registered seeing-
eye dog used by visually or hearing-impaired persons, or police
or sheriff's department dogs shall not be required to pay the
permit fee but shall be subject to all other regulations of this
division, including but not limited to the requirement of having
the rabies vaccination.
(Code 1981, § 8-57.5)
Sec. 18-105. Application.
Applications for dog permits shall be made with the city
treasurer or authorized agent upon forms provided by the city
treasurer, setting forth such information as necessary to
properly implement the terms and provisions of this division.
Such forms shall be completed by the applicant and submitted to
the city treasurer or authorized agent for validation and, after
validation and payment of the permit fee, such forms shall serve
as the dog permit.
(Code 1981, § 8-58)
Sec. 18-106. Vaccination certificate prerequisite to issuance.
No permit shall be issued under this division except upon
the presentation of a valid rabies vaccination certificate
plainly showing the dog's last vaccination is currently effective
and payment of the applicable fee under this division.
(Code 1981, § 8-59)
Sec. 18-107. Fees.
(a) The fees for permits required by this article for each
permit year are as follows:
(1) For each unspayed or nonneutered dog . . . . $ 8.00
(2) For each spayed or neutered dog . . . . 5.00
(3) For any kennel or pet shop covering
all dogs kept
during the year . . . . 40.00
(b) No fee shall be required of any humane society or
veterinary hospital.
(Code 1981, § 8-60)
Sec. 18-108. Term.
The permit term shall be for a period of 12 consecutive
months commencing on the date of application for the permit.
(Code 1981, § 8-61)
Sec. 18-109. Obtaining permits after deadline; enforcement
procedure.
(a) Late charge. If a person obtains a permit within 30 days
after either the expiration of an existing permit term or the
date on which a permit is required, no late penalty will be
charged; if, however, the applicant fails to make application
within such 30-day period, a late charge of $2.00 shall be
assessed for each month the applicant is delinquent in making
application, not to exceed a total of $24.00. The late charge
shall be added to and collected with the regular permit. Any
portion of a month shall be considered as a full month for the
purposes of late charge computation.
(b) Application and renewal forms. The city treasurer shall
be authorized to mail application forms for permits and reminder
notices to any animal owner of which the treasurer has record.
(c) Delinquency notice. A complaint alleging violation of
the renewal provisions of a permit under this division and a
notice to appear shall be issued against the owner of a dog
subject to but not in compliance with such renewal provisions,
provided that the city treasurer has issued at least ten days in
advance thereof a delinquency notice by United States mail, first
class, postage prepaid, to the owner at the last known address of
the owner. The complaint and notice to appear will be served as
provided by Charter Ordinance No. 37, section 2 (App. A, § A10-
25). A delinquency notice shall include at least the following:
(1) A title that it is a delinquency notice;
(2) A statement of late payment charges
the owner must pay;
and
(3) A warning that failure to purchase
the applicable
permit will result in the issuance of a complaint
and
notice to appear and subject the owner to
potential
court costs.
(d) Complaint and notice to appear. The complaint and notice
to appear as provided in this section shall charge the owner with
violations of the particular applicable ordinance and order the
owner to appear in municipal court at a particular date and time.
(e) Fines. Any person charged with a violation of section
18-101 shall, upon a plea or finding of guilt, be sentenced to a
fine of not less than $50.00. The sentence shall not be subject
to a reduction or parole unless the person who is convicted or
pleads guilty provides evidence that a permit was purchased prior
to plea or finding of guilt. However, in no event shall the
sentence be reduced or paroled to a fine of less than $25.00.
(Code 1981, § 8-66)
Sec. 18-110. Tag.
(a) Upon full compliance with the terms of this division,
the city treasurer or authorized agent shall issue a written
permit to the applicant together with a durable permit tag stamped
with an identifying number and so designed that it may be
securely fastened to a collar or harness.
(b) The tag issued pursuant to this section shall be
securely attached to the collar or harness of the dog for which
such permit and tag is issued and shall be worn at all times the
dog is off the premises of the owner.
(c) If a tag issued for a dog is lost, a new tag may be
obtained from the city treasurer upon payment of a replacement
fee of $1.00.
(d) No person shall attach a tag to any dog other than the
one for which the tag was issued.
(Code 1981, § 8-63)
Sec. 18-111. Unlawful use.
(a) A permit shall be valid only in the permit year for
which issued. A new permit shall be obtained for each permit year
and a new permit fee paid.
(b) No person shall use any dog or kennel permit issued for
another dog or kennel.
(Code 1981, § 8-64)
Secs. 18-112--18-120. Reserved.
DIVISION 3. IMPOUNDMENT
Sec. 18-121. When at large.
Any dog found to be at large within the city may be
impounded in the animal shelter in a humane manner.
(Code 1981, § 8-77)
Sec. 18-122. When without a tag.
The animal control officer may take into custody and impound
all dogs not wearing a current registration tag.
(Code 1981, § 8-78)
Sec. 18-123. Killing of dog when unable to capture.
It shall be lawful for the animal control officer or an
assistant, in the performance of duty, to pursue and capture any
dog or to kill any dog if they cannot capture such dog.
(Code 1981, § 8-79)
Sec. 18-124. Notification of owner.
If, by a tag or other reasonable means, the owner can be
identified, the animal shelter or its designated agent shall, as
soon as possible upon impoundment, notify the owner by telephone
or mail of the impoundment of the dog.
(Code 1981, § 8-80)
Sec. 18-125. Detention period.
Impounded dogs shall be kept for a period of not less than
72 hours unless sooner claimed by the owner.
(Code 1981, § 8-81)
Sec. 18-126. Redemption.
(a) The owner shall be entitled to resume possession of any
impounded dog, except as provided in this section, upon
compliance with the permit provisions of this article and payment
of the impoundment fees set forth in this section to the humane
society.
(b) The impoundment fee for a dog shall be $10.00 for each
dog, plus $2.00 for each day such dog is kept after the
expiration of the legal detention period.
(c) No owner shall be allowed to redeem any dog impounded
for being a public nuisance, unless such redemption is authorized
by any court having jurisdiction.
(d) No owner shall be allowed to redeem any dog found to be
rabid or any dog which has been bitten by a rabid animal, unless
such redemption is authorized by any court having jurisdiction.
(e) No owner shall be allowed to redeem any dog when, in the
judgment of the animal shelter or humane society, the dog should
be destroyed for humane reasons.
(f) If a person is adjudicated guilty of the crime of
cruelty to animals and the court is satisfied that an animal
owned or possessed by such person would be in the future
subjected to such crime, 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.
(Code 1981, § 8-82)
Sec. 18-127. Failure to redeem.
If an impounded dog shall not be redeemed within the
detention period set forth in section 18-126, then the dog shall
be deemed abandoned and title thereto shall pass to the humane
society by operation of law.
(Code 1981, § 8-83)
Sec. 18-128. Interference.
It shall be unlawful for any person to obstruct, hinder or
prevent the impounding of any dog running at large contrary to
the provisions of this article or to break open, destroy or
injure the door, gate or enclosure of any impounding area to take
or attempt to take therefrom a dog therein impounded.
(Code 1981, § 8-84)
Secs. 18-129--18-140. Reserved.
DIVISION 4. PIT BULL DOGS*
----------
*State law reference(s)--Permitting dangerous animal to be
at large, K.S.A. 21-3418.
----------
Subdivision I. General Provisions
Sec. 18-141. Definitions.
The following words, terms and phrases, when used in this
division, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Pit bull dog means and includes:
(1) The Staffordshire bull terrier breed of dogs;
(2) The American Staffordshire terrier breed of dogs;
(3) The American pit bull terrier breed of dogs;
(4) Dogs which have the appearance and
characteristics of
being predominantly of the breeds of dogs
known as
Staffordshire bull terrier, American pit bull
terrier
or American Staffordshire terrier.
The registration of a dog with a kennel or dog association at any
time as a pit bull or any of the dogs listed under this
definition shall constitute prima facie evidence the animal is
regulated by this division.
(Ord. No. 16397, § 1(8-87), 12-3-91)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 18-142. Exemptions.
The provisions of this division shall not apply to the
transportation of pit bull dogs through this city when such
transporter has taken adequate safeguards to protect the public
and has notified the local law enforcement agency of the proposed
route of transportation and the time thereof.
(Code 1981, § 8-90)
Sec. 18-143. Failure to comply with division; penalty.
It shall be unlawful for the owner, keeper or harborer of a
pit bull dog to fail to comply with the requirements and
conditions set forth in this division. Any dog found to be the
subject of a violation of this division shall be subject to
immediate seizure and impoundment. In addition, failure to comply
will result in the revocation of the license of such animal and
the permit providing for the keeping of such animal, resulting in
the immediate removal of the animal from the city.
(Code 1981, § 8-89(8))
Sec. 18-144. Prohibition.
Except as provided in this division, no person shall own,
keep or harbor any pit bull dog in the city.
(Code 1981, § 8-88)
Sec. 18-145. Penalty for violation of division.
Any person violating or permitting the violation of any
provision of this division shall, upon conviction in the
municipal court, be fined a sum not less than $200.00 and not
more than $499.00. In addition to the fine imposed, the court may
sentence the defendant to imprisonment in the county jail for a
period not to exceed 179 days. In addition, the court shall order
the registration and permit for the subject pit bull revoked and
the dog removed from the city. Should the defendant refuse to
remove the dog from the city, the municipal court judge shall
find the defendant owner in contempt and order the immediate
confiscation and impoundment of the animal. Each day that a
violation of this division continues shall be deemed a separate
offense. In addition to the foregoing penalties, any person who
violates this division shall pay all expenses, including shelter,
food, handling, veterinary care and testimony necessitated by the
enforcement of this division.
(Code 1981, § 8-97)
Sec. 18-146. Costs to be paid by responsible persons.
Any reasonable costs incurred by the animal control officer
in seizing, impounding, confining or disposing of any pit bull
dog, pursuant to the provisions of section 18-147, 18-148, 18-171
or 18-175, shall be charged against the owner, keeper or harborer
of such animal and shall be collected by the city treasurer.
(Code 1981, § 8-98)
Sec. 18-147. Notice of keeping dangerous animals.
Upon the written complaint of any person that a person owns
or is keeping or harboring a pit bull dog in violation of this
division in the city, the animal control officer, hereinafter
ACO, or his authorized designee shall cause the matter to be
investigated; and if, after investigation, the facts indicate
that such person named in the complaint is in fact the owner or
is keeping or harboring any such pit bull dog in the city, the
ACO shall forthwith send written notice to such person requiring
such person to safely remove the dog from the city within five
days of the date of the notice. Notice as provided in this
section shall not be required where such pit bull dog has
previously caused serious physical harm or death to any person or
has escaped and is at large, in which case the ACO shall cause
the dog to be immediately seized and impounded, according to the
provisions of section 18-148, or killed if seizure and
impoundment are not possible without risk of serious physical
harm or death to any person.
(Code 1981, § 8-91)
Sec. 18-148. Seizure and impounding.
(a) The ACO or his authorized designee shall forthwith cause
to be seized and impounded any pit bull dog where the person
owning, keeping or harboring such animal has failed to comply
with the notice sent pursuant to section 18-147. Upon its seizure
and impoundment, the animal shall be delivered to a place of
confinement, which may be with any organization which is
authorized by law to accept, own, keep or harbor pit bull dogs.
(b) If, during the course of seizing and impounding a pit
bull dog, the animal poses a risk of serious physical harm or
death to any person, such person when authorized by the ACO may
render the dog immobile by means of tranquilizers or other safe
drugs; or, if that is not safely possible, then the animal may be
killed.
(Code 1981, § 8-92)
Sec. 18-149. Appeals--Fees; notice.
(a) Any person aggrieved by or dissatisfied with any of the
following decisions, rulings, actions or findings may, within ten
days thereafter, file a written notice or statement of appeal
from such decision, ruling, action or finding to the municipal
court for an administrative hearing thereon:
(1) The determination that an animal
is a pit bull dog
under sections 18-141 and 18-144.
(2) The denial of a permit under section 18-172.
(3) The denial of a renewal of a previously
issued permit
under section 18-178.
(4) The revocation of a previously issued
permit under
section 18-179.
(5) The temporary suspension of any permit
or portion
thereof under section 18-179.
(b) An administrative fee of $10.00 shall be paid to the
municipal court clerk and is required for each appeal to the
municipal court under this section, and no appeal shall be set
for hearing until such fee has been paid.
(c) The filing of an appeal under this section shall not
stay any action taken pursuant to this division.
(Code 1981, § 8-93)
Sec. 18-150. Same--Administrative hearing.
The hearing on the appeal provided for in section 18-149
shall be conducted by a municipal court judge who will sit as an
administrative judge for purposes of this division. The sole
issue for determination shall be whether decisions, rulings,
actions or findings of the ACO and/or the city treasurer were
within the scope of their authority, supported by substantial
evidence, and not arbitrary or capricious in nature. The court
shall make specific findings of fact and conclusions of law in
each case.
(Code 1981, § 8-94)
Sec. 18-151. Subpoena power.
Pursuant to its role as administrative judge, the court is
empowered to hold hearings, subpoena witnesses, take the
testimony of any person under oath and, in connection therewith,
to require the production of any evidence relating to any matter
being heard. In the case of the refusal of any person to comply
with any subpoena issued under this section or to testify in any
matter regarding which the person may be lawfully questioned, the court
may order such person to comply with such subpoena and
testify; and failure to obey the court's order may be punished by
the court as contempt.
(Code 1981, § 8-95)
Sec. 18-152. Appeal of decision of municipal court judge;
district court.
Any aggrieved party may appeal the decision and findings of
the municipal court judge pursuant to K.S.A. 60-2101(d). However,
the filing of an appeal under this section shall not stay any
action taken pursuant to this division.
(Code 1981, § 8-96)
Sec. 18-153. Leash and muzzle.
No person shall permit a pit bull dog to go outside its
kennel or pen unless such dog is securely leashed with a leash no
longer than four feet in length. No person shall permit a pit
bull dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person is in physical control
of the leash. Such dogs may not be leashed to inanimate objects
such as trees, posts or buildings. In addition, all pit bull dogs
on leash outside the animal's kennel must be muzzled by a
muzzling device sufficient to prevent such dog from biting
persons or other animals.
(Code 1981, § 8-89(1))
State law reference(s)--Permitting dangerous animal to be at
large, K.S.A. 21-3418.
Sec. 18-154. Confinement--Generally.
All pit bull dogs shall be securely confined indoors or in a
securely and locked pen or kennel, except when leashed and
muzzled as provided in section 18-153. Such pen, kennel or
structure must have secure sides and a secure top attached to the
sides. All structures used to confine registered pit bull dogs
must be locked with a key or combination lock when such animals
are within the structure. Such structure must have a secure
bottom or floor attached to the sides of the pen or the sides of
the pen must be embedded in the ground no less than two feet. All
structures erected to house pit bull dogs must comply with all
zoning and building regulations of the city. All such structures
must be adequately lighted and ventilated and kept in a clean and
sanitary condition.
(Code 1981, § 8-89(2))
Sec. 18-155. Same--Indoors.
No pit bull dog may be kept on a porch, patio or in any part
of a house or structure that would allow the dog to exit such
building on its own volition. In addition, no such animal may be
kept in a house or structure when the windows are open or when
screen windows or screen doors are the only obstacle preventing
the dog from exiting the structure.
(Code 1981, § 8-89(3))
Sec. 18-156. Signs.
All owners, keepers or harborers of pit bull dogs within the
city shall display in a prominent place on their premises a sign
easily readable by the public using the words "Beware of Dog." In
addition, a similar sign is required to be posted on the kennel
or pen of such animal.
(Code 1981, § 8-89(4))
Sec. 18-157. Insurance.
(a) Required. All owners, keepers or harborers of pit bull
dogs must provide proof to the city treasurer of public liability
insurance in a single incident amount of $50,000.00 for bodily
injury to or death of any person or for damage to property owned
by any person which may result from the ownership, keeping or
maintenance of such animal. At the time of initial registration,
the owner, keeper or harborer must present proof to the city
treasurer of the required insurance. At the time of subsequent
registration, the owner, keeper or harborer must show proof of
insurance for the present registration period and proof that
there was insurance coverage throughout the period of the prior
registration year.
(b) Notice of cancellation. If the liability insurance
required by this section is cancelled, lapsed, or for any other
reason becomes nonenforceable, the owner, keeper or harborer
shall inform the city treasurer of this change in insurance
coverage and be in violation of the provisions of this division
and subject to the penalties provided in this division.
(c) Exception. The provisions of this section shall not
apply to any dog licensed in the city and not six months of age
as of March 15, 1991.
(Code 1981, § 8-89(5))
Sec. 18-158. Identification photographs.
All owners, keepers or harborers of pit bull dogs must
provide to the city treasurer two color photographs of the animal
clearly showing the color and approximate size of the animal.
(Code 1981, § 8-89(6))
Sec. 18-159. Reporting requirements.
All owners, keepers or harborers of pit bull dogs must,
within ten days of the incident, report the following information
in writing to the city treasurer, as applicable:
(1) The removal from the city or death of a pit bull dog.
(2) The birth of offspring of a registered pit bull dog.
(3) The new address of the pit bull dog
owner should the
owner move within the city limits.
(Code 1981, § 8-89(7))
Secs. 18-160--18-170. Reserved.
Subdivision II. Permit
Sec. 18-171. Required; impoundment of nonpermitted dogs.
(a) No person harboring or having the charge, custody or
possession of any pit bull dog shall allow such dog to remain
within the city unless and until he has first secured a permit so
to do and complies with all terms and conditions of such permit;
and, in addition thereto, such dog shall at all times be so
confined, controlled and restrained in such manner that the life,
limb or property of any person lawfully entering such premises
shall not be endangered.
(b) Failure to obtain a permit when required by subsection
(a) after written notification by the animal control officer or
his authorized designee shall be adequate grounds for the officer
to impound the pit bull dog until a permit is obtained. If no
permit is obtained within ten days, the pit bull dog will be
subject to summary destruction.
(c) The provisions of this section shall not apply to
persons in possession of pit bull dogs otherwise prohibited by
city ordinance or regulation.
(d) The permit required by this section shall be in addition
to any other permits or licenses required of the person or pit
bull dog by city ordinance or state or federal law.
(Code 1981, §§ 8-89, 8-100)
Sec. 18-172. Keeping without a permit prohibited; restrictions to
issuance.
Except as provided in this subdivision, no person shall
have, keep, maintain, possess or control within the city any pit
bull dog described without first applying to and receiving a
permit from the city treasurer; provided, that no permit shall be
granted except with such conditions attached as shall, in the
opinion of the person approving such permit, reasonably ensure
the public health, safety and general welfare, and, in any event,
no permit shall be granted for any animal at any particular
location except upon an explicit finding by the ACO or his
authorized designee that the issuance thereof will not be
contrary to the public health, safety and general welfare.
(Code 1981, § 8-100.1)
Sec. 18-173. Application.
An application for any permit required pursuant to this
division shall be made to the city treasurer in writing and upon
a form furnished by the city treasurer. The application shall be
verified by the person who desires to have, keep, maintain,
possess or control, in the city, the pit bull dog for which a
permit is required, and shall set forth the following:
(1) Name, address and telephone number of the applicant.
(2) The applicant's interest in such pit bull dog.
(3) The proposed location, and the name,
address and
telephone number of the owner of such location,
and of
the lessee, if any.
(4) The number and general description
of all pit bull dogs
for which the permit is sought.
(5) Any information known to the applicant
concerning
vicious or dangerous propensities of all such
pit bull
dogs.
(6) The housing arrangements for all
such pit bull dogs
with particular details as to safety of structure,
locks, fencing, etc.
(7) Safety precautions proposed to be taken.
(8) Noises or odors anticipated in the
keeping of such pit
bull dogs.
(9) Prior history of incidents involving
the public health
or safety involving any of the pit bull dogs.
(10)
Proof of insurance as provided by this division to
cover those
who may be injured or killed by the pit
bull dog.
(11)
A statement, signed by the applicant, indemnifying the
city and its
agents and employees for any and all
injuries that
may result from the pit bull dog.
(12)
Any additional information required by the ACO at the
time of filing
such application or thereafter.
(Code 1981, § 8-100.2)
Sec. 18-174. Fee.
The fee for a permit application shall be $20.00 for one pit
bull dog, plus an additional $5.00 for two or more pit bull dogs.
The total fee shall not exceed $25.00 for any one permit
application and is nonrefundable. Such fee shall be payable to
the city treasurer at the time of filing the permit application.
Accretions by natural birth shall not require additional permits
during the period of a valid permit.
(Code 1981, § 8-100.3)
Sec. 18-175. Temporary permits; powers of animal control officer.
The animal control officer may, following application for a
permit and pending final disposition of such application, grant a
temporary permit for the maintenance within the city of any such
pit bull dog upon such conditions as the ACO shall, in the ACO's
sole discretion, require when, in the ACO's opinion, there is no
reasonable doubt as to the consistency thereof with the public
health, safety and general welfare; but no such pit bull dog
shall be otherwise kept or maintained within this city or
permitted to occupy any premises within this city except while
such a regular or temporary permit is in full force and effect.
Provided, however, that any law enforcement officer or the ACO,
or authorized deputy, shall take possession of any dog described
under section 18-141 for which a permit has not been issued and
keep such dog until the proper permit has been secured by the
owner or keeper and all fees and costs have been paid and all
laws and permit conditions complied with.
(Code 1981, § 8-100.4)
Sec. 18-176. Term and renewal.
No permit required by this division shall be granted for a
period in excess of one year. An application for renewal of any
permit shall be made not less than 45 days prior to the
expiration thereof, and shall be accompanied by the same fee as
required upon making the original application.
(Code 1981, § 8-100.5)
Sec. 18-177. Inspections for renewal.
Prior to the annual renewal of any permit issued under this
division and at least once not more than six months after the
issuance of any such permit or after its renewal, the animal
control officer or his designated representative shall inspect
the premises subject to such permit to determine whether the
person to whom it has been issued is continuing to comply with
all of the conditions specified in this division. If the ACO
determines during any such inspection that any of the conditions
therein specified are being violated, the ACO shall recommend
denial of a renewal of any such permit, or shall recommend
revocation of such permit if such violation is not corrected
within the period of time directed.
(Code 1981, § 8-100.6)
Sec. 18-178. Revocation.
The city treasurer, upon recommendation of the animal
control officer, may, for good cause, revoke any permit or modify
any terms or provisions thereof and may, if it is reasonably
necessary to protect against an immediate threat or danger to the
public health or safety, suspend any permit or portion thereof,
without hearing, for a period not to exceed 30 days. Failure to
comply with any of the provisions of this division shall be
sufficient grounds for revocation.
(Code 1981, § 8-100.7)
Sec. 18-179. Commercial establishments.
(a) A commercial establishment possessing pit bull dogs for
the purpose of sale or display may replace such dogs with others
of the same kind, but the number of each shall not be in excess
of the number thereof allowed by the terms of its permit. Such
establishments may, in the discretion of the animal control
officer, be granted a permit for those such numbers which do not
exceed the maximum number such establishment estimates will be
maintained by it in this city at any one time during the period
of the permit. Such permit shall require the immediate
notification of the ACO upon the acquisition of any pit bull dog
having a prior history of any incident involving the public
health or safety, or resulting in any bodily injury or property
damage.
(b) Upon the sale of any pit bull dog, the commercial
establishment shall immediately send notification of the sale
along with the name and address of the buyer, the method of
transporting the dog, the path of travel of such transportation,
and the destination of such dog to the ACO.
(Code 1981, § 8-100.8)
Secs. 18-180--18-200. Reserved.
ARTICLE V. CATS
DIVISION 1. GENERALLY
Sec. 18-201. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Cat means any domestic or wild cat.
Neutered male means any male cat which by operation has been
made infertile or one that has been certified by a licensed
veterinarian as being naturally infertile.
Owner means any person owning, keeping, harboring or
possessing any cat or any person operating a kennel.
Secure enclosure means any structure secure on four sides,
top and bottom, and equipped with a gate or door that has a lock
that secures the gate or door from being opened by anyone other
than the owner, harborer, keeper or possessor of the cat as set
forth in section 18-203(a).
Spayed female means any female cat which has been operated
upon to prevent conception.
Veterinary hospital means any establishment maintained and
operated by a licensed veterinarian for the diagnosis and
treatment of diseases and injuries of cats.
(Code 1981, § 8-201)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 18-202. Complaint; notice to appear.
The animal control officer shall have the power to issue a
complaint and notice to appear against the owner of a cat subject
to, but not in compliance with, this article; provided, that no
owner charged with violating the provisions of section 18-216
shall be convicted of a violation of section 18-216 if the owner
produces in court, or at the offices of the animal control
officer, a valid permit for the cat, issued prior to the issuance
of the complaint and notice to appear.
(Code 1981, § 8-202)
Sec. 18-203. Confinement of female cats in heat.
(a) The owner shall confine within a building or secure
enclosure every unspayed female cat in heat, in such a manner
that such female cannot come into contact with another cat except
for planned breeding.
(b) It shall be unlawful for the owner of any unaltered male
or unspayed female cat to keep such cat in such a manner as to
cause a nuisance by attracting other cats.
(Code 1981, § 8-203)
Sec. 18-204. Sale or transfer by certain persons; disclosures.
Any business, individual, organization or entity engaged in
the practice or business of breeding and/or selling cats, with or
without monetary compensation, shall provide the city treasurer
the following information within ten days after ownership of any
cat is transferred:
(1) The date of the sale or transfer of ownership.
(2) Name and address of the new owner.
(3) Description of the cat sufficient
for identification by
an animal control officer.
(4) Approximate age of the cat.
(Ord. No. 16375, § 1(8-220), 10-1-91)
Secs. 18-205--18-215. Reserved.
DIVISION 2. PERMIT
Sec. 18-216. Required.
No person shall own, keep or harbor within the corporate
limits of this city any cat over six months of age without first
obtaining a permit therefor from the city treasurer, or agent
authorized by the city treasurer, who may issue such permit when
proper application is made in writing.
(Code 1981, § 8-211)
Sec. 18-217. When required.
The owner of a cat shall be required to have a permit for
the cat upon the date it is brought into the city or attains the
age of six months, whichever is later.
(Code 1981, § 8-217)
Sec. 18-218. Exception for nonresidents.
The permit and vaccination requirements of this division
shall not apply to a nonresident cat owner who keeps the cat
within the city for not longer than 30 days, provided that at all
times such cat is under restraint.
(Code 1981, § 8-212)
Sec. 18-219. Application.
Applications for cat permits shall be made with the city
treasurer or authorized agent upon forms provided by the city
treasurer, setting forth such information as necessary to
properly implement the terms and provisions of this division.
Such forms shall be completed by the applicant and submitted to
the city treasurer or authorized agent for validation, and after
validation and payment of the permit fee, such forms shall serve
as the cat permit.
(Code 1981, § 8-213)
Sec. 18-220. Vaccination certificate prerequisite to issuance.
No permit shall be issued under this division except upon
the presentation of a valid rabies vaccination certificate
plainly showing the cat's last vaccination is currently effective
and payment of the applicable fee under this division.
(Code 1981, § 8-214)
Sec. 18-221. Fees.
(a) The fees for the permit required by this division, for
each permit year, are as follows:
(1) For each nonneutered cat . . . . $ 8.00
(2) For each neutered cat . . . . 5.00
(3) For any pet shop, covering all cats
kept during the
year . . . . 40.00
(b) No fee under this division shall be required of any
humane society or veterinary hospital.
(c) No fee under this division shall be required of any pet
shop with a valid cat permit.
(Code 1981, § 8-215)
Sec. 18-222. Term.
The permit term shall be for a period of 12 consecutive
months commencing on the date of application for the permit.
(Code 1981, § 8-216)
Sec. 18-223. Tags.
(a) Upon full compliance with the terms of this division,
the city treasurer or authorized agent shall issue a written
permit to the applicant together with a durable permit tag
stamped with an identifying number and so designed that it may be
securely fastened to a collar.
(b) The tag issued under this section, or an engraved tag
provided by the owner carrying the same information as set out in
subsection (a), shall be securely attached to the collar of the
cat for which such permit and tag is issued and shall be worn at
all times the cat is off the premises of the owner.
(c) If a tag issued for a cat is lost, a new tag may be
obtained from the city treasurer upon payment of a replacement
fee of $1.00.
(d) No person shall attach a tag to any cat other than the
one for which the tag was issued.
(Code 1981, § 8-218)
Sec. 18-224. Validity; renewal.
A permit shall be valid only in the permit year for which
issued. A new permit shall be obtained for each permit year and a
new permit fee paid.
(Code 1981, § 8-219)
Sec. 18-225. Obtaining permit after deadline; enforcement
procedure.
(a) Late charge. If a person obtains a permit within 30 days
after either the expiration of an existing permit term or the
date on which a permit is required, no late penalty will be
charged; if, however, the applicant fails to make application
within such 30-day period, a late charge of $2.00 shall be
assessed for each month the applicant is delinquent in making
application, not to exceed a total of $24.00. The late charge
shall be added to and collected with the regular permit fee. Any
portion of a month shall be considered as a full month for the
purposes of late charge computation.
(b) Application and renewal forms. The city treasurer shall
be authorized to mail application forms for permits and reminder
notices to any cat owner of which the treasurer has record.
(c) Delinquency notice. A complaint alleging violation of
the renewal provisions of the permit issued under this division
and a notice to appear shall be issued against the owner of a cat
subject to, but not in compliance with, the renewal provisions of
this section, provided that the city treasurer has issued at
least ten days in advance thereof a delinquency notice by United
States mail, first class, postage prepaid, to the owner at the
last known address of the owner. The complaint and notice to
appear will be served as provided by Charter Ordinance No. 37,
section 2 (App. A, § A10-25). A delinquency notice shall include
at least the following:
(1) A title that it is a delinquency notice.
(2) A statement of late payment charges the owner must pay.
(3) A warning that failure to purchase
the applicable
permit will result in the issuance of a complaint
and
notice to appear and subject the owner to
potential
court costs.
(d) Complaint and notice to appear. The complaint and notice
to appear issued under this section shall charge the owner with
violations of the particular applicable ordinance and order the
owner to appear in municipal court at a particular date and time.
(e) Fines. Any person charged with violation of this
division shall, upon a plea or finding of guilt, be sentenced to
a fine of not less than $50.00. The sentence shall not be subject
to a reduction or parole unless the person who is convicted or
pleads guilty provides evidence that a permit was purchased prior
to the plea or finding of guilt. However, in no event shall the
sentence be reduced or paroled to a fine of less than $25.00.
(Code 1981, § 8-221)
Secs. 18-226--18-235. Reserved.
DIVISION 3. IMPOUNDMENT
Sec. 18-236. Cats without current tag.
The animal control officer may take into custody and impound all cats not bearing a current registration tag.
(Code 1981, § 8-231)
Sec. 18-237. Notification of owner.
If, by a tag or other reasonable means, the owner can be
identified, the animal shelter or its designated agent shall, as
soon as possible upon impoundment, notify the owner by telephone
or mail of the impoundment of the cat.
(Code 1981, § 8-232)
Sec. 18-238. Detention period.
Impounded cats shall be kept for a period of not less than
72 hours unless sooner claimed by the owner.
(Code 1981, § 8-233)
Sec. 18-239. Redemption.
(a) The owner shall be entitled to resume possession of any
impounded cat, except as provided in this section, upon
compliance with the permit provisions of this division and the
payment of the impoundment fees set forth in this section to the
humane society.
(b) The impoundment fee for a cat shall be $10.00 for each
cat, plus $2.00 for each day such cat is kept after the
expiration of the legal detention period.
(c) No owner shall be allowed to redeem any cat impounded
for being a public nuisance unless such redemption is authorized
by any court having jurisdiction.
(d) No owner shall be allowed to redeem any cat found to be
rabid, or any cat which has been bitten by a rabid animal, unless
such redemption is authorized by any court having jurisdiction.
(e) No owner shall be allowed to redeem any cat when, in the
judgement of the animal shelter or humane society, the cat should
be destroyed for humane reasons.
(f) If a person is adjudicated guilty of the crime of
cruelty to animals and the court is satisfied that an animal
owned or possessed by such person would in the future be
subjected to such crime, 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.
(Code 1981, § 8-234)
Sec. 18-240. Failure to redeem.
If an impounded cat shall not be redeemed within the
detention period set forth in section 18-239, then the cat shall
be deemed abandoned and title thereto shall pass to the humane
society by operation of law.
(Code 1981, § 8-235)
Secs. 18-241--18-260. Reserved.
ARTICLE VI. LIVESTOCK
Sec. 18-261. Keeping near residences or businesses.
It shall be unlawful for any person to keep cattle, sheep,
goats or other food-producing animals in the city in a building
or lot within 200 feet of any existing residence or other
existing main use structure other than that of the owner of such
animals.
(Code 1981, § 8-101)
Sec. 18-262. To be kept in sanitary buildings.
It shall be unlawful for any person to keep cattle, sheep,
goats, equine or any such animals in the city unless such animals
are kept in a barn, stable or building which is constructed or
equipped with sewer connections, watertight floors approved by
the director of environmental code services, flyproof windows and
doors and such other sanitary requirements as may be ordered by
the director of environmental code services.
(Code 1981, § 8-102; Ord. No. 17076, § 1, 1-28-97)
Sec. 18-263. Swine prohibited.
It shall be unlawful for any person to rear or keep any
swine in the city.
(Code 1981, § 8-103)
Sec. 18-264. Exceptions to restrictions on keeping livestock.
The provisions of sections 18-261 to 18-263 shall not apply
to any person engaged in the packinghouse business, or in selling
or shipping cattle, sheep, goats, equine or swine insofar as it
may be necessary for such parties to bring such livestock into
the city and keep such livestock in the city in the legitimate
transaction and carrying on of business; provided, that sections
18-261 and 18-262 shall not apply to the keeping of equine on any
parcel of land within the city provided there is an intensity of
no more than two horses on a minimum of three acres; and,
provided further, that each additional equine shall require an
additional 1 1/2 acres of land to the minimum required.
(Code 1981, § 8-104)
Cross reference(s)--Parking vehicle having offensive odor, §
142-303.
Sec. 18-265. Nonconforming keeping of livestock.
The lawful use of a building or a lot for keeping livestock
and which was existing at the time of the annexation of the
building or lot to the city may be continued although such use
does not conform with the provisions in this article. If a
nonconforming use of any building or lot for keeping livestock is
discontinued for a period of one year, the use of such building
or lot shall thereafter conform to the provisions of this
article.
(Code 1981, § 8-104.1)
Sec. 18-266. Livestock as a nuisance.
Notwithstanding the provisions of this article, the keeping
of livestock shall be subject to the provisions of chapter 66,
article II, concerning nuisances.
(Code 1981, § 8-104.2)
Sec. 18-267. Running at large or driving herds prohibited.
It shall be unlawful for any person to suffer or permit any
livestock owned or controlled by such person to run at large, or
to drive any herd of cattle, horses, mules or hogs, or any flock
of sheep, upon any street in the city.
(Code 1981, § 8-105)
Sec. 18-268. Grazing in public prohibited.
It shall be unlawful for any person to graze or permit to be
grazed any horses, mules, cattle or other livestock upon any
street, avenue, alley, public park or the parking of any street
or avenue, or to picket out or fasten any such animal upon any
such street, avenue, public park or parking of any street or
avenue, or upon premises adjoining thereto, in such manner as to
permit such stock to go upon or across any street, avenue,
sidewalk, public park or parking of any street or avenue in the
city.
(Code 1981, § 8-106)
Secs. 18-269--18-290. Reserved.
ARTICLE VII. FOWL
Sec. 18-291. Keeping of domestic fowl regulated.
It shall be unlawful for any person to keep or maintain any
domestic fowl upon any private premises in the city (when such
keeping is lawful under other ordinances of the city) within 50
feet of any dwelling other than that of the owner or tenant of
the premises on which such fowl are kept or maintained, or to
keep or maintain such fowl at any time on any premises in a
manner or condition constituting a public nuisance.
(Code 1981, § 8-144)
Sec. 18-292. Running at large prohibited.
It shall be unlawful for any person to allow or permit
domestic fowl to run or be at large at any time in the city. For
the purpose of this section, the term "at large" shall be defined
to include those times during which any domestic fowl shall not
be confined or kept in pens sufficiently strong or constructed to
keep such fowl on the premises of their owner or keeper.
(Code 1981, § 8-145)
Sec. 18-293. Destruction of birds and bird's nests prohibited;
exceptions.
It shall be unlawful for any person to shoot, kill, maim or
injure in any manner any bird or fowl of the air in the city, or to
destroy the nest of any such bird or fowl, except that:
(1) English sparrows and starlings or
the nests thereof may
be destroyed at any time by any person or
approved pest
control firm or company when such destruction
may be
done without the use of firearms or other
weapons or
devices;
(2) Pigeons or other birds of the air
that have become
public nuisances by reason of their nesting
or roosting
on any private premises in the city may, upon
complaint
to the environmental code services division,
be
destroyed by an approved pest control firm
or company
under the conditions of the permit issued
by the
environmental code services division.
(Code 1981, § 8-146; Ord. No. 17076, § 2, 1-28-97)