Article 4. Enforcement and Penalties

2-401. Administration; Appeals.

(a) The City Manager is authorized to develop administrative regulations necessary to implement the provisions of this Chapter, including procedures for animal enumerations, animal shelter operation, and the fees required, but not specified, by this Chapter.

(b) If for some reason a license is not issued by the Bonner Springs Police Department at the request of the animal owner, the owner may appeal the decision in writing to the City Manager. The appeal will be heard by the City Council.

(Ord. 2487)

2-402. Enforcement.

The Animal Control Officer and all police officers of the City are hereby empowered to issue notices to appear for violations of this Chapter to the owners of any animal. The Municipal Court Clerk is empowered to provide citizens the necessary complaints for notices to appear to be issued for animal owners in violation of the Chapter.

(Ord. 2487)

2-403. Hearings and Procedures.

The Municipal Court Judge is hereby empowered to hold any hearings required in the enforcement of this Chapter and to render judgments and penalties as therein outlined in accordance with the appropriate Kansas Statutes governing the operation of the Municipal Court.

(Ord. 2487)

2-404. Injunction.

Any violation of this Chapter is declared to be a municipal offense. In addition to any relief provided by this Chapter, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Chapter. The application for relief may include a temporary restraining order, a temporary injunction and permanent injunction.

(Ord. 2487)

2-405. Penalties.

(a) Nuisance Animal Violations. Any person guilty of permitting an animal nuisance to exist shall be fined:

(1) Not less than $50 nor more than $200 for the first offense;

(2) Not less than $100 nor more than $350 for the second offense;

(3) A second or subsequent violation of Section 2-305(a)(1) or (4) constitutes a dangerous animal. Upon conviction, the animal must be kept in accordance with Section 2-306(f).

(4) Upon conviction, any person found guilty may be ordered to remove the animal permanently from the City within 24 hours of the order.

(5) Upon conviction, any person found guilty may be ordered to not own or possess any animals for up to three (3) years.

(b) Dangerous Animal Violation. Any person found guilty of permitting an animal offense involving a dangerous or vicious animal shall be:

(1) Fined not less than $250 nor more than $500;

(2) Ordered to remove the animal from the City within 24 hours after the rabies observation period has expired, if applicable, and/or,

(3) Required to show proof of liability insurance in the amount of $1,000,000 to cover the actions of the animal if it remains in the City.

(4) Subject to the maximum jail time of not more than thirty (30) days.

(1) Fined not less than $500, nor more than $1,000.

(2) Subject to the maximum jail time of not more than ninety (90) days.

(d) Other Violations. Any person found guilty of violating any remaining provision of this Chapter, for which a specific penalty is not provided, shall be fined not less than $50 nor more than $200 for each offense. A separate offense shall be held to have been committed each day that the violation shall occur or continue.

(Ord. 2487)

2-406. Severability.

If any section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this Chapter.

(Ord. 2487)