CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. GENERAL PROVISIONS

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, dogs, cats, 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 the 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, regardless of sex.

(g)   Dangerous or Vicious Animal means any animal deemed to be dangerous or vicious per section 2-115.

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

(i)    Fowl means all animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

(j)    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.

(k)   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.

(l)    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.

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

(n)   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 6 dogs of six months of age or older or more than one litter of pups, or more than 6 cats of more than six months of age or more than one litter of kittens, or more than a total of 6 dogs and cats more than six months of age in any combination.

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

(p)   Neutered means any male or female cat or dog that has been permanently rendered sterile.

(q)   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.

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

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

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

(Code 1998; Code 2016)

(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 authorized 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 authorized 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 1998)

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, poison, 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 provided in section 2-105.

(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 or protection from the elements as necessary for health and well-being of such kind of animal.

(g)   Abandon or leave any animal in any place without making provisions for its proper care;

(h)   These provisions shall not apply to the exceptions sanctioned under section 2-104.

In addition to the penalties provided in section 1-116 of this code, the municipal court judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible.

(Ord. 33, Sec. 1; Code 1998)

The provisions of section 2-106 shall not apply to:

(a)   Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care;

(b)   Bona fide experiments carried on by commonly recognized research facilities;

(c)   Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated;

(d)   Rodeo practices accepted by the rodeo cowboys’ association;

(e)   The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or by an authorized agent such as a licensed veterinarian, at the request of the owner;

(f)   The humane killing of an animal by the animal control officer, a public health officer or a law enforcement Officer in the performance of his or her Official duty;

(g)   The humane killing of an unclaimed animal after three full business days following the receipt of such animal at a municipal pound or an incorporated humane society shelter by the owner, operator or authorized agents of such establishments.

(Code 1998)

It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to possess and maintain any animal or fowl within 100 feet of the residence or place of business of another or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats or swine, or undomesticated animals are kept. This provision shall not apply to:

(a)   The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock , if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city;

(b)   The maintaining of dogs;

(c)   The maintaining of non-poisonous and non-vicious animals and fowl which are commonly kept as household pets, such as cats, hamsters , rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with section 2-114 of this chapter;

(d)   The transporting of animals through the city by ordinary and customary means;

(e)   Any animals maintained in the city as of the effective date of this code;

(f)   Property in excess of 2 (two) acres in size owned by a single individual;

(g)   Chickens, numbering (14) or fewer, and kept in accordance with Section 2-107, 2-108 and 2-109 on property which has a single-family home or duplex, provided the property owner has not been found out of compliance with City Code regarding this Chapter in the preceding twelve (12) months.

(Ord. 42, Sec. 1; Code 1998; Code 2016; Ord 326)

It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.

(Code 1998)

It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute 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, dogs, cats, fowl, any animals allowed to be harbored by citizens in accordance with the City Code or any other domestic animals;

(c)   Damages public or private property other than that of its owner or harborer by its activities or with its excrement;

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

(e)   Enters any yard, fenced area, house, structure, enclosure or other property not belonging to the owner of said animal;

(f)   Repeatedly, being defined as more than once in any 30-day period, entering on the property of a person other than the owner of the animal, so as to cause alarm or disturbance to the owner;

(g)   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.

(Ord. 40, Sec. 4; Ord. 144, Sec. 8; Code 1998; Ord. 320)

The keeping or harboring of any animal which by loud, frequent and habitual barking, howling, crowing, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition, and if he or she fails to do so, the city may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner. In addition to these actions, a person harboring or keeping a loud or noisy animal may be subject to citation and the penalties outlined in section 2-115(b). If a person is adjudged to be guilty of an offense under this section, the municipal court may order the person to purchase and use a "bark collar" or similar electronic device to be worn by the animal to prevent further violations of this section.

(Ord. 144, Sec. 9; Ord. 257; Code 2016; Ord. 326)

(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)   Excrement shall be removed at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly­tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.

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

(d)   All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.

(e)   Barbed wire fences and electrically charged fences shall not be permitted for animal confines except on properties where the barbed wire fence or electrically charged fence pre-existed the adoption of the City Code, Ordinance No. 206, and where said pre-existing barbed wire fence is used for a legitimate agricultural purpose and for animal control. All such fences shall be in full compliance with the zoning regulations of the City of Auburn.

(f)   All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public health official. If the officer or official 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.

(Ord. 218; Code 2016)

Animal shelters owned or operated as a stockyard or commercial holding pen shall be adequately maintained and cleaned as often as is necessary, as determined by the health officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:

(a)   Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant, or by proper dispersal on land used for agricultural purposes.

(b)   Grain or protein feed shall be stored in tightly covered rodent-proof metal containers or rodent-proof bins.

(c)   Premises subject to the terms of this section shall be maintained free of rodent harborage and in accordance with sections 8-601:608 of this code.

(d)   Wherever reasonable, use shall be made of anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.

(e)   Wherever reasonable, use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.

(f)   Enclosures including fences where animals such as horses, cows, sheep and goats are maintained shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent such animals from breaking out or causing hazard to persons or property.

(g)   The solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a residential classification permit as herein provided shall be stored in metal containers, with tight-fitting metal lids, and all such stored or accumulated wastes shall be disposed of at least once each week.

(h)   Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms of this chapter shall be surfaced with concrete or asphaltic materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the health officer. The health officer shall waive this standard for domestic animal holding operations where such animal holding is longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses or sheep.

(i)    Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a commercial, industrial or agricultural permit according to the terms of this chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the health officer; provided that all solid waste shall be properly disposed of at least once each week or as may be approved by the health officer.

(Code 1998)

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

(Code 1998)

(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)   Defined: For purposes of this chapter a vicious animal shall include:

(1)   Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

(2)   Any animal which attacks a human being or domestic animal without provocation;

(3)   Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;

(4)   Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.

(c)   Complaint: Whenever a sworn complaint is filed in the municipal court against the owner of an animal alleging that such animal is vicious and in violation of this section, the municipal judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this section and thereby in violation of this section. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination, the municipal judge shall consider the following:

(1)   The seriousness of the attack or bite;

(2)   Past history of attacks or bites;

(3)   Likelihood of attacks or bites in the future;

(4)   The condition and circumstances under which the animal is kept or confined;

(5)   Other factors which may reasonably relate to the determination of whether or not the animal is vicious.

The municipal judge shall order the impoundment, the muzzling in accordance with subsection (d) and/or the confinement of the animal accused of being in violation of this section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the municipal judge may order the animal immediately destroyed.

(d)   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.

(e)   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.

(f)   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. The municipal judge may, upon making a finding that an 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 by the animal shelter. 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.

(Ord. 144, Sec. 10; Code 1998)

Any person or persons owning or harboring any animal of the age of six weeks, or older, within the corporate limits of the city without having registered the same and paid the registration fee as provided in section 2-114(b) shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not less than $10 and not more than $100.

(Ord. 144, Sec. 2; Code 1998)

(a)   The city police shall be authorized to contract with and employ any humane shelter, veterinary clinic or public animal shelter in the county for the purpose of providing shelter and care for the impounded animals. The city police shall be further authorized to contract with, employ, or cooperate with the county animal control officer and other law enforcement officer in connection with the apprehension and care of any such animals.

(b)   Every owner or harborer of any animal over six weeks of age shall annually register with the city clerk his or her name and address with the name, sex and description of each dog or cat owned and kept within the city which will be kept in a book maintained by the city for that purpose. It shall be unlawful for the owner of any newly acquired dog or cat or any dog or cat brought into the city to fail to register such animal within 60 days from acquisition or bringing the dog or cat into the city. It shall be unlawful for the owner of any previously registered dog or cat to fail to maintain current registration of such dog or cat.

(c)   Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog or cat over three months of age to fail to maintain effective rabies immunization of such dog or cat.

(d)   The owner or harborer of any dog or cat shall, at the time of registering such dog or cat, present to the city clerk a certificate from an accredited veterinarian showing that a female dog or cat has been spayed, if the dog or cat has been spayed and a male dog or cat has been neutered, if the dog or cat has been neutered.

(e)   The city clerk shall collect an annual registration fee of $1 for neutered male and spayed female dog or cat, and $2 for unneutered male and unspayed female dog or cat. The owner or harborer of any such animal shall keep upon the neck of each animal so register a suitable metallic or leather collar with a metallic check or tag, with the number distinctively marked thereon, which check or tag shall be furnished by the city, authorized impounder or other authorized agent. No such tag or check will be issued unless the animal has a current rabies vaccination.

(f)   The registration year shall be from December 1st through November 30th of the next year. The fee shall be payable before January 1st of each year without penalty.

(g)   The city will waive the annual registration fee, if, during the month of November of each year, the owner or harborer of any animal obtains the required vaccinations for said animal from the Auburn Animal Clinic, and registers the animal at that time through the Clinic. The City Clerk will waive the registration fee if, during the month of November, the owner or harborer of the animal shows proof of vaccinations from a licensed veterinarian and registers the animal.

(Ord. 144; Ord. 257; Code 2016)

(a)   The city police, deputy marshal or any other peace officer employed by the city shall capture and impound, in the shelter as provided in section 2-114, any animal of the age of six weeks, or older, found running at large without a current registration tag issued by the city or authorized impounder, attached to the animal as provided by this article, or any other animal running at large when not contained in a motor vehicle, or by a building, fence, or when not restrained by means of a leash, rope, chain, or cord. The fact of an animal being found at large shall be prima facie evidence of violation of this section and the owner shall be subject to the fees and expenses as outlined in section 2-116.

(b)   In addition to the provisions of subsection (a), any law enforcement officer or other duly appointed officer may issue a citation to the owner, harborer or keeper of an animal in violation of this article, and the person receiving the citation shall appear in the municipal court of the city to answer the charged violation. If the owner, harborer or keeper of the animal is adjudged to be guilty, or pleads guilty to the charge, a fine of not less than $25.00 but not more than $50.00 shall be imposed, if it is the person’s first offense under this article. A fine of not less than $100.00 but not more than $150.00 shall be imposed for a second offense, and a fine of not less than 250.00 for a third offense of the same article. These fines shall be supplemental and in addition to any other fine, penalty or other enforcement provision of this article. This provision shall also apply to any vicious or dangerous animal or any animal causing a nuisance.

(c)   The owners of animals that are in heat, or whose animals chase, attack or bite any person or other animal shall be subject to an additional fine in excess of any other fee or expense in this article, up to a maximum of $300, whether or not the animal is claimed by the owner and provided that clear determination of the owner can be made.

(Ord. 144; Ord. 257; Code 2016)

Any animal impounded as provided in section 2-115 shall be kept in the pound for three days, or until claimed by its owner or harborer as hereinafter provided. Provided, if any animal so impounded is not claimed, registered and the fees paid, as hereinafter provided, within three days after being impounded, such animal shall be destroyed or otherwise disposed of by the city police, deputy marshal or other peace officer employed by the city. Before possession of any such impounded animal shall be relinquished by the city, the owner or harborer of such animal shall sign a statement in writing verifying he or she is the owner or harborer thereof, register the animal with the city or authorized impounder as provided in section 2-114(b) and pay to the city, a minimum fee of $10 plus all other expenses incurred by the city from the city or authorized impounder.

(Ord. 144, Sect 5)

(a)   Any law enforcement 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 article.

(b)   It shall be unlawful for any person to interfere with the officer in the exercise of his or her duties.

(Ord. 144, Sec. 6)

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:

(a)   Place humane trap on public or requesting resident’s property for the purpose of capturing any animal defined in this article as creating a nuisance in the city;

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

(c)   Use firearms or their suitable weapons to destroy any rabid animal, any vicious animals as defined in section 2-112, or any animal creating a nuisance as defined in section 2-107, where such animal is impossible or impractical to catch, capture or tranquilize.

(Ord. 144, Sec. 7)

(a)   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 the city pound, securely penned and separated from other animals, or 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. If in the opinion of the local health officer symptoms develop justifying a microscopic examination, then the animal shall be killed and examination made by the state board of health.

(b)   In lieu of the provisions of subsection (a), the owner of any such animal may, at his or her own expense, take such animal to any duly qualified and licensed veterinarian in the city for observation. Such veterinarian shall report his or her findings in writing to the local health officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be turned over to the animal control officer or any law enforcement officer to be killed and examination made by the state board of health.

(c)   Any animal desired for observation by the local health officer under this section shall be delivered to the animal control officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of this code. Upon refusal of any person to so deliver such animal, the municipal judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.

(Code 1998)

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 1998)

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 the animal control officer or any law enforcement officer.

(Code 1998)

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 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 police officer, or the animal control officer of the city. The owner of such animal shall be prosecuted for such violation thereof.

(Code 1998)

(a)   No person or household shall own or harbor more 6 dogs of six months of age or older or more than one litter of pups, or more than 6 cats of more than six months of age or more than one litter of kittens, or more than a total of 6 dogs and cats more than six months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training, or boarding cats or dogs or both cats and dogs, without having obtained a kennel license from the city clerk.

(b)   Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been issued by the animal control officer certifying approval of the kennel and compliance with the applicable laws of the city and the State of Kansas, and a certificate by the zoning code enforcement officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the city clerk has not received any protest against the kennel, the city clerk may issue a renewal of an existing kennel license at the same location without any report from the animal control officer and zoning code enforcement officer. If the animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the city clerk, and the license shall not be renewed except after a public hearing before the governing body.

(c)   The animal control officer, the zoning enforcement officer, or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.

(d)   The governing body may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following:

(1)   The kennel is maintained in violation of any applicable law of the State of Kansas, or of the city.

(2)   The kennel is maintained so as to be a public nuisance.

(3)   The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(e)   The annual kennel license fee shall be $25. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this chapter.

(f)   This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.

(Code 1998)

It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof.

(Code 1998)

The provisions of this article with respect to registration shall not apply to any animal owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such animals shall be kept under restraint by the owner thereof at all times.

(Code 1998)