For the purposes of this chapter, the following words and phrases shall mean:

(a)   Abandon includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.

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

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

(d)   At-large means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be “At-large.”

(e)   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.

(f)   Cat means any member of the species felis catus.

(g)   Dangerous or Vicious Animal means any animal deemed to be dangerous or vicious pursuant to section 2-112 of this chapter.

(h)   Dog means any member of the species canis familiaris.

(i)    Fowl means all animals that are included in the zoological class aves.

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

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

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

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

(o)   Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, more than three dogs or cats.

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

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

(r)    Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

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

(t)    Vaccination means an injection of a vaccine, approved by the State Board of Public Health for the purpose of immunizing an animal against rabies.

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

(Ord. 284, Sec. 2:3; Code 1985)

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

(Code 1985)

(a)   When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may place a humane trap on the property if the resident requests such a trap for the purpose of capturing any animal defined in this chapter creating a nuisance in the city.

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

(c)   It shall be unlawful for any person to set or cause to be set within the city, any steel-jaw leg hold strap, snare, or any trap other than a humane trap, as defined, for the purpose of capturing any animal, whether wild or domestic.

(Code 1985)

The animal control officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this chapter. It shall be unlawful for any person to interfere with the animal control officer in the exercise of this right.

(Code 1985)

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

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

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

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

(d)   Facilities for the humane euthanization of animals.

(Code 1985; Code 2019)

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

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

(Code 1985)

It shall be unlawful for any person to:

(a)   Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;

(b)   Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;

(c)   Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as hereinafter provided. The municipal court judge may order a person convicted of violation under this subsection to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be destroyed humanely as soon thereafter as is conveniently possible. This section shall not be construed to include veterinary hospitals or animals under active veterinary care;

(d)   Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color. This section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;

(e)   Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;

(f)   Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter and protection from the elements as necessary for health and well-being of such kind of animal;

(g)   Abandon any animal within the city;

(h)   Willfully and maliciously administer or cause to be administered, poison of any sort whatsoever to any animal with the intent to injure or destroy such animal, or to willfully and maliciously place any poison or poisoned food where the same is accessible to any animal.

(R.O. 1955, 2-202; Code 1985)

The owner of any animal shall take all reasonable measures to keep such animal from becoming a nuisance. For the purpose of this section, “nuisance” is defined as any animal which:

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

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

(c)   Damages public or private property by its activities or with its excrement;

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

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

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

(Code 1985)

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

(Ord. 275; Code 1985)

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

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

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

(Code 1985)

All animals shall be disposed of by the owner or keepers within 24 hours after death, by burial, incineration in a facility approved by the animal control officer, by rendering or by other lawful means approved by the animal control officer. No dead animal shall be dumped on any public or private property.

(Code 1985)

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

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

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

(d)   Release of: If a complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. When any animal remains unclaimed for three business days after its release has been authorized by the municipal judge, the judge may, upon making a finding that such animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner at the direction of the animal control officer. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.

(R.O. 1955, 2-206; Code 1985)

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

(Code 1985)

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

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

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

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

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

(Code 1985)

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

(R.O. 1955, 2-204:205; Code 1985)

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

(Code 1985)

It shall be unlawful to keep, harbor, own, or in any way possess within the corporate limits of the city:

(a)   Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets, and small rodents of varieties used for laboratory purposes). Further this prohibition shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions or medical institutions if:

(1)   Their location conforms to the provisions of the zoning ordinance of the city;

(2)   All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors;

(3)   Animals are maintained in quarters so constructed as to prevent their escape.

(b)   Any animal having poisonous bites.

(c)   Any person convicted of violation of this section shall be punished by a fine of not less than $25 and/or by incarceration in the Butler County Jail for a period of not more than 10 days. For purposes of this section a new and distinct violation of this section shall occur for each and every day that an owner remains in violation.

(Ord. 334, Secs. 1:2; Ord. 701)