A. For the purpose of this Chapter, any of the following acts shall constitute cruelty to animals and shall be deemed a Class B Misdemeanor:
1. Subjecting any animal to cruel mistreatment.
2. Having custody of any animal and subjecting such animal to cruel neglect.
3. Cruelly and in a willful and malicious manner, killing, maiming, wounding, beating or torturing any animal.
4. Impounding or confining or causing the impoundment or confinement of an animal in any place and failing to supply such animal during confinement with sufficient food, water and exercise.
5. Overworking any domestic animal when such animal is unfit for labor.
6. Failing to provide any domestic animal with proper food, drink, proper care, and shelter or protection from the weather.
7. Abandoning any animal with the exception of trap, neuter and return programs.
B. This Section shall not be deemed applicable to accepted veterinary practices or activities carried on for scientific research and as provided in K.S.A.21-4310 (2).
C. Any dog found to be cruelly treated shall be placed with the Humane Society or Animal Shelter for adoption or disposition at the owner’s expense.
D. Sentence enhancement is appropriate refer to 3-215
(Code 1982; K.S.A. 21-4310, 21-4311, 29-409; K.S.A. 21-4311; Code 2015)
For purposes of this section, the following terms shall be given the meanings stated in this Subsection:
Animals- includes all animals vertebrate or invertebrate, wild or domesticated, including those animals in the zoological class of “aves” commonly referred to as fowl.
Traps- means and includes all manner of mechanisms or devices intended or used for the purpose of capturing animals by physically clamping parts of the trap around any portion of the animal’s anatomy, except traps for eradication of mice, rats and other domestic vermin.
Prohibition- It shall be unlawful for any person, firm, or corporation to utilize or employ the use of traps for any purpose whatsoever within the City limits unless appointed by the City Manager.
Penalty- Any person, firm or corporation who shall violate any of the provisions of this Section or who shall aid, abet or assist in the violation of any of the provisions of this Section shall be determined guilty of a Class B Misdemeanor.
Exception- This section does not apply to members of the Police Department in its official line of duty.
(Code 2015)
The City Manager or his designated agent may appoint person(s) to be known as the Animal Control Officer(s), whose duty it shall be to assist in the enforcement of this Chapter. The Animal Control Officer(s) shall be under the direction of the Chief of Police.
(Code 2015)
The Animal Control Officer shall have the right of entry onto any lots or lands for the purpose of enforcing the provisions of this article. Provided, however, the Animal Control Officer shall not have the right of entry to enclosed dwellings used for residential purposes, except for the purpose of examining or obtaining any animal suspected of having rabies, having been exposed to rabies or having bitten a person or other animal.
(Code 1982)
Any Police Officer or Animal Control Officer or any officer or agent of any duly authorized Humane Society or Animal Shelter or licensed veterinarian may take charge of any animal found running at large, injured, abandoned or showing evidence of cruel neglect upon either private or public property and inspect, care for, treat or transport such animal to a duly authorized Humane Society or licensed veterinarian for treatment, boarding or other care; or if it appears the animal is diseased or injured beyond recovery, for disposition.
(Code 2015)
A. No domestic animal, except cats, shall be permitted to run at large in the City. Any animal shall be deemed to be running at large when found off the real property of the owner and not under restraint.
B. Allowing an animal to run at large is a Class C Misdemeanor.
C. Subsequent offense is a Class B Misdemeanor.
D. Sentence enhancement is appropriate refer to 3-215
(Code 1982)
A. No person shall keep, maintain or harbor within the City any animal which creates a hazard to the health of the inhabitants of the City.
B. A violation of this section is a Class B Misdemeanor.
C. Sentence enhancement is appropriate refer to 3-215
(Code 1982; see also 10-601 et seq.)
A. The owner of any animal that dies within the City shall, within six hours, cause the carcass to be removed beyond the City limits, and in no case shall such owner permit such carcass to remain in the open air in the City until it becomes offensive in smell.
B. A violation of this section is a Class C Misdemeanor.
(Code 1982; see also 10-601 et seq.)
A. It shall be unlawful for the owner of any animal to permit such animal to disturb the peace and quiet of the neighborhood.
B. A violation of this section is a Class C Misdemeanor.
C. Sentence enhancement is appropriate refer to 3-215
(Code 1982; Code 2015)
Any owned or wanted dog, cat or ferret which has bitten a person or another animal and has thereby caused a laceration of the skin of such person shall be reported immediately to Law Enforcement and seized and confined in a veterinary hospital, animal shelter or in home quarantine. The local health officer or his/her designee shall determine what confinement is appropriate and authorize confinement for a period of not less than 10 days at the expense of the owner of the dog, cat or ferret. All other animals shall be dealt with in accordance with the Administrative Regulations as promulgated by the Kansas Department of Health and Environment.
(Code 2015)
Dogs, cats or ferrets that have an owner, are wanted by that owner, and are not immunized against rabies and have been exposed to rabies by a known or suspected rabid mammal shall be quarantined for six months at a veterinary hospital, or a facility holding a current state pound and shelter license at the owners expense. These dogs, cats or ferrets shall be immunized against rabies one month before release from quarantine. The local health officer or the local health officer’s designee shall authorize the release of the dog, cat, or ferret upon payment of the boarding fee. All other mammals and situations dealing with mammals exposed to a known or suspected rabid mammal shall be dealt in accordance with the Administrative Regulations as promulgated by the State of Kansas Department of Health and Environment.
(Code 2015)
When there is a good and sufficient reason to believe that rabies is existing in or near the City, the Chief of Police, by proclamation and publication in the official paper of the City, may require all persons owning, keeping or harboring domestic animals in the City to confine them or securely muzzle such domestic animals with a wire or leather muzzle for such length of time as may be designated in such proclamation or until otherwise ordered. It shall be unlawful for any person owning, keeping or harboring a domestic animal within the City to permit such domestic animal to run at large in violation of the terms or such proclamation.
(Code 2015)
Any law enforcement officer, including the Animal Control Officer, shall be authorized to use a tranquilizer gun, and further shall be authorized to kill any animal which it is impractical or impossible to capture or tranquilize and that is endangering persons, other animals or property.
(K.S.A. 47-646a; Code 2015)
A. It shall be unlawful for any person to permit any domestic animal to trespass upon, or do injury to, public or private property.
B. A violation of this Section is a Class C Misdemeanor.
C. Sentence enhancement is appropriate refer to 3-215
(See also 10-601 et seq.; Code 2015)
A. It shall be unlawful for any person to keep or harbor any vicious animal within the City.
B. Keeping or harboring a vicious animal is a Class B Misdemeanor.
C. Sentence enhancement is appropriate refer to 3-215
(See also 10-601 et seq.; Code 2015)
Upon a finding by the Municipal Court that any animal in the City is vicious as deemed in Section 3-101, the Judge of the Municipal Court shall order the animal seized, impounded and destroyed by the proper authority. The Judge of the Municipal Court may permit the owner to post cash bond in the sum of up to $500.00 to ensure that the vicious animal is confined in a manner which protects humans and domestic animals from possible bite and/or attack. The bond shall be held as set forth in Section 3-327. If such vicious animal is found by the judge of the municipal court to have not been confined in an appropriate manner during the bond period, such bond shall be forfeited to the City in addition to any other penalties imposed under Section 3-207. Lack of knowledge by the owner of the viciousness of an animal shall not be a defense to any action brought under this section.
(Code 2015)
The City Prosecutor shall have the authority to seek the enhancement of sentences as provided in this Ordinance by following the following procedure:
1. Enhancement is appropriate if the defendant has violated the same or similar Code at least two (2) times in the preceding five (5) years from the date of the charge of the current violation.
2. The City Prosecutor shall file a notice to enhance the sentence prior to the trial or plea in the current case, and shall provide the defendant notice of the enhancement at least 10 days prior to the plea or trial.
3. For each defendant the enhancement shall be as follows: for the first filing the enhancement shall be double the penalty provisions contained in this chapter; for second and subsequent filings for a defendant the enhancement shall be triple the penalties contained in this chapter.
4. Sentence enhancement is appropriate for violations of the following Sections:
3-201, Cruelty to Animals
3-205, Running at Large
3-206, Keeping Animals Constituting a Health Hazard
3-208, Disturbing the Peace
3-212, Trespass and Destroying Property
3-213, Keeping Vicious Animals
(Code 2015)