The following words, terms and phrases when used in this article shall have the meaning prescribed in this section except in those cases where the context clearly indicates a different meaning:

(a)   Animal - Every non-human species of animal, both domestic and wild, including but not limited to any horse, mule, donkey, pony, bull, cow, calf, sheep, goat, hog, dog, pig, cat, rat, rabbit, chicken, goose, duck, turkey, or other fowl or non-human species animal.

(b)   Animal-at-large -Any animal which is either:

(1)   Not securely confined by a fence or other means on premises under the control of, or occupied by, the owner; or

(2)   Not under the control of the owner, a member of the owner’s immediate family or an agent of the owner, by leash or lead and obedient to that person’s commands, whether on the owner’s premises or not.

(c)   Animal Shelter - Any facility or premises designated by the city or operated by the city, its authorized agents or a humane society, for the purpose of impounding animals under the authority of this article for care, confinement, return to owner, adoption, or euthanasia, whether such facility or premises be located within or without the corporate limits of the city.

(d)   Animal Control Officer or Humane Officer -Any person designated by the city charged with responsibility for enforcement of the provision of this article.

(e)   Auction -Any place or facility where animals are regularly bought, sold, or traded, except for those facilities defined elsewhere in this section. The word auction shall not mean or apply to individual sales of animals by owners, nor to any livestock auction or animal sales barn regulated and/or licensed by the State of Kansas.

(f)   Circus - A commercial variety show featuring animal acts for public entertainment.

(g)   Commercial Animal Establishment-Any pet shop, grooming shop, guard dog training center, auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel, as defined elsewhere in this section.

(h)   Grooming Shop - Any commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.

(i)    Guard Dog - Any dog that will detect and warn its handler that an intruder is present in or near an area that has been or is being secured, or protects a secured premise, facility, building or other property from unlawful intrusion.

(j)    Kennel or Cattery -Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and/or cats.

(k)   Livestock -Any cattle, swine, sheep, goats, nutria, poultry, fowl, or any other recognized farm animal.

(l)    Owner -Any person, film, partnership, or corporation owning, keeping or harboring one or more animals. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, and is fed or sheltered for a period of seven consecutive days or more, shall be deemed to be keeping or harboring the animal.

(m)  Performing Animal Exhibition - Any spectacle, display, act, or event, other than circuses, in which performing animals are used.

(n)   Pet or Companion Animal - Any animal kept for pleasure rather than utility, or any animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.

(o)   Pet Shop - Any person, firm, partnership, or corporation, whether operated separately or in connection with another business enterprise, excluding a licensed kennel or cattery, that buys, sells, or boards any species of animal.

(p)   Public Nuisance - Any animal, or animals, that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property.

(q)   Public Nuisance Animal- Includes, but is not limited to, any animal that:

(1)   Is repeatedly found at large;

(2)   Damages the property of anyone other than its owner;

(3)   Molests or intimidates pedestrians or passersby;

(4)   Chases vehicles;

(5)   Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(6)   Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(7)   Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

(8)   Is offensive or dangerous to the public health, safety, or welfare by virtue of the number; and/or types of animals maintained;

(9)   Deposits excrement on any public or private property, other than the property of the owner of the animal, which the owner or possessor of the animal repeatedly fails to remove;

(10) Attacks other domestic animals; or

(11) Has been found by the city council or judge of the municipal court, after notice to its owner and hearing, to be a public nuisance animal by virtue of being a menace to the public, health, welfare, or safety.

(r)    Restraint – The animal is secured by a leash or lead under the control of a responsible person and obedient to that person’s commands, or that the animal is confined within a building, a complete enclosure, or by a fence at least four feet in height, or attached to a chain of appropriate strength at least three feet in length but not longer than the distance to the nearest property line, or other appropriate means on premises under the control of, or occupied by, its owner.

 (s)  Riding School or Stable -Any place that is available for boarding and/or riding instruction and/or has available for hire, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the preceding animals, including racetracks, trotting tracks, and rodeos.

(t)    Veterinary Hospital -Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injures of animals.

(u)   Vicious Animal -Any animal which has bitten, injured, or attacked, or attempted to bite, injure, or attack human beings or domesticated animals without adequate provocation; or which attacks, or barks or growls at and acts as if it intends to attack, bite or injure human beings or domesticated animals when not unduly provoked; or which, because of temperament, conditioning, training, or breeding, has a known propensity to attack, bite  or injure human beings or domesticated animals; or which is harbored or trained for fighting.

(v)   Wild Animal -Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes or jackals); domestic cats (excluding hybrids with ocelots or margays); farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds.

(w)  Zoological Park -Any facility operated by a person, film, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated  animal.

(x)   Service Animals. A service animal is defined by the Americans with Disabilities Act (ADA). Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

(1)   Only service animals as described above are allowed entry into public facilities.

(Ord. 1023; Ord. 1273; Code 2018; Ord. 1321; Ord. 1325; Ord. 1328)

(a)   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 of the city 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 of the city.

(b)   Except as provided in subsection (c), it shall be the duty of the animal control officer to take up and impound all animals found in the city in violation of the provisions of this chapter.

(c)   As an alternative to the provisions of subsection (b) of this section, any law enforcement officer or the animal control officer may issue a citation to the owner, harborer or keeper of an animal in violation of this chapter, and the person receiving the citation shall, within 10 days, appear in the municipal court of the city to answer the charged violation of this chapter.

(Ord. 1023, Art. 4, Sec. 3; Code 1998)

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

(b)   Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture 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)   Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in section 2-115, or any animal creating a nuisance as defined in section 2-111, where such animal is impossible or impractical to catch, capture or tranquilize.

(Ord. 1023, Art. 4, Sec. 3; Code 1998)

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. When so contracted, the pound shall have the following services and facilities as a minimum:

(a)   Adequate pickup and impounding of all stray and ownerless dogs and cats and animals 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 destruction of animals.

(Ord. 1023, Art. 4, Sec. 1; Code 1998)

(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.

(Ord. 1023, Art. 4, Sec. 4; 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 2-108.

(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 2-108.

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. 1023, Art. 5, Sec. 1; Code 1998)

The provisions of section 2-107 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 the city 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 which are regulated by Article 2 of this chapter;

(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 2-113;

(d)   The maintaining of poultry, excluding roosters, for the purpose of personal consumption or collecting eggs for personal consumption, when kept in a safe and sanitary manner in accordance with Article 1 of this chapter:

(1)   Lots less than one acre in size may contain a maximum of 4 poultry, lots between one and three aces in size may contain a maximum of 5 poultry per acre and lots larger than 5 acres may contain a maximum of 5 poultry per acre not to exceed 25 poultry;

(e)   The transporting of animals through the city by ordinary and customary means.

(Code 1998; Ord. 1371)

It shall be unlawful for any person to use, place, set out, or deploy any animal trap above ground, 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, or other domestic animals;

(c)   Damages or befouls public or private property other than that of its owner or possessor 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 1998; Ord. 1321)

(a)   It shall be unlawful for any person to appear with an animal upon the public right-of-way, within public places or upon the property of another, absent that person’s consent, without some means for removal of excrement that may be deposited by the animal.

(b)   It shall be unlawful for any person who is an owner or possessor of an animal in their care to fail to remove any excrement deposited by the animal upon any public or private property, other than the property of the owner of the animal.

(c)   The provisions of this section shall not apply to persons who have a physical disability or visual impairment, who are using service dogs, and can provide adequate documentation, upon demand of an animal control officer or law enforcement officer, that the service dog is an animal trained by an accredited institution which trains dogs for service work for the physically disabled or visually impaired.

(d)   Violation of this section shall be punished by a fine of not less than $20.00, plus applicable court costs.

(Ord. 1321)

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. 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.

(Ord. 1023, Sec. 7; Code 1998)

(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 fly-tight 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 for which an agricultural classification permit is held or where the barbed wire fence or electrically charge fence is protected by an exterior fence.

(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. 1023, Sec. 12, Secs. 14:16; Code 1998)

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 water courses 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. 1023, Secs. 5, 8; Code 1998)

It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in section 2-102 or 2-207 (dogs).

(Ord. 1023; Code 1998)

(a)   The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the city or constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible.

(b)   The city shall be entitled to receive from such owner an impoundment fee of $20 plus $20 for each day the animal has been impounded, a licensing fee if the animal is required to be licensed and is not, a refundable rabies vaccination deposit of $25 if licensing is required and the animal does not have a current vaccination, and a refundable sterilization deposit of $75 if the animal is being placed for adoption. All fees and deposits shall be paid to the city clerk and a receipt therefore presented to the animal control officer before an animal may be released from the animal shelter. Subsequent impounds occurring within 12 months shall be charged double impoundment fees. In addition to the payment of fees and deposits, the owner of an impounded animal may also be proceeded against for violation of this article.

(c)   The animal control officer shall each month submit a report to the mayor showing the number of animals impounded and disposed of, and the fees collected pursuant to this article and shall pay those fees to the city clerk for credit to the general operating fund.

(Ord. 1067; Code 1998; Ord. 1178; Code 2018)

(a)   Reclaiming of impounded animals may be made as provided in this article. The person desiring to reclaim an animal shall present to the animal control officer or other employee, as may be designated proof of ownership and proof that any dog or cat is currently vaccinated for rabies, or return proof of vaccination within three days after the animal is released. Upon return of proof of vaccination, the refundable deposit therefor shall be refunded. Any person failing to return proof of vaccination, as required herein, shall forfeit their rabies vaccination deposit and, upon conviction, be punished under the provisions of this article. The person reclaiming the animal shall pay to the city clerk all applicable shelter and licensing fees and deposits, and show evidence of such payment to the animal control officer prior to release of the animal.

(b)   The animal control officer, before he or she releases any impounded animal to any person who claims that he or she is the owner thereof, shall satisfy himself or herself of the fact that such representations are true and to this end shall have the right to make such inquiry as may be necessary to establish such facts. He or she shall have the unreserved right to require an affidavit of the claimant to the effect that he or she is the true and lawful owner of such animal and that he or she has owned such animal for the time which claimant alleges to have owned such animal. He or she shall have the further right to require such claimant to produce witnesses of the fact whose representations may or may not be reduced to writing and certified accordingly, as the animal control officer in his or her discretion shall determine.

(Ord. 1023, Art.4, Sec. 6)

(a)   At the end of the required impoundment period prescribed in this article, animals that have not been reclaimed by the owner, or for which a proper home cannot be established through adoption, shall be destroyed in a humane manner.

(b)   Any dog or cat impounded for more than five days may be released to the county humane society in lieu of being destroyed and the county humane society may dispose of such animals in the manner it deems proper under the circumstances.

(c)   Any person obtaining an animal from the animal shelter through adoption, as provided herein, shall acquire absolute title to the adopted animal.

(Ord. 1023, Art. 4, Sec.7; Code 1998)

(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)

(Code 1998; Ord. 1347)

It shall be unlawful for any person to stake, confine or pasture any animal on any public school ground or other public property, federal, state, city or other, on any railroad right-of-way, or on any property without the consent of the person owning or controlling such property.

(Ord. 1023, Sec. 10)

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

(Ord. 1023, Sec. 11; Ord. 1266; Code 2018)

Any person violating or permitting the violation of any provisions of this article shall upon conviction in municipal court be fined a sum up to $1,000. In addition to the fine imposed, the court may sentence the defendant to confinement in the county jail for a period not to exceed 30 days. Each day that a violation of this article continues may be deemed to constitute a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including sums for shelter, food, handling, veterinary care, disposal of animal and expert testimony, which are necessitated by the person’s failure to abide by the provisions of this article.

(Ord. 1118; Code 2018)