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) Control means that the animal is on a leash not more than eight (8) feet in length; is within a securely fenced area, or is secured within a vehicle being driven or parked.
(h) Dog means any member of the species canis familiaris, regardless of sex.
(i) Domestic Animal includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.
(j) Euthanasia means death brought about by any method which produces rapid loss of consciousness leading to a painless death.
(k) Foster Home means any person or residence where four (4) to seven (7) animals over the age of 120 days are harbored or kept, and is duly associated with a licensed pound or shelter under K.S.A. §47-1704.
(l) 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.
(m) Harborer 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 for three (3) or more consecutive days.
(n) Humane Live Animal Trap or 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.
(o) Impound means to seize summarily, confine, or restrain in custody.
(p) Kennel means any establishment where four (4) to seven (7) animals over the age of 120 days are harbored or kept; provided, however, this definition shall not apply to animal shelters or to animal hospitals operated by veterinarians duly licensed under the laws of the State for treatment or boarding.
(1) Private Kennel means a kennel kept by the owner and/or resident of the property upon which animals are housed and not for commercial purposes.
(2) Commercial Kennel means a kennel where animals over the age of 120 days are harbored or kept for a fee, breeding, or sale, or other commercial purpose.
(q) Livestock includes, but is not limited to cattle, horses, goats, sheep or other animals commonly regarded or used as farm or ranch animals.
(r) Neutered means any male or female cat or dog that has been permanently rendered sterile.
(s) 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.
(t) 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 (s) above.
(u) Permit Year means the calendar year any permit is issued under this Chapter.
(v) City Registration Tag means a tag issued annually by the City evidencing a registered animal.
(w) Registered Animal means an animal registered in compliance with this Chapter.
(x) Serious Physical Harm means any of the following:
(1) Any physical harm that carries a risk of death;
(2) Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, incapacity;
(3) Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
(4) Any physical harm that involves acute pain of a duration that results in suffering or any degree of intractable pain.
(y) When used as a verb, tether or tethering shall mean fastening a dog or cat to a stationary object, pulley run line or a stake. When used as a noun, “tether” or “tethers” shall mean a chain, leash, rope, cable, chain, string, leather or nylon strap, or any other material used to fasten a dog or cat to a stationary object, pulley run line or a stake.
(z) 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.
(aa) Veterinary Hospital means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injury of animals.
(Ord. 2487)
(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, or his or her designee, 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 appear in the Municipal Court of the City to answer the charged violation of this Chapter.
(Ord. 2487)
When deemed necessary by Law Enforcement Officers or the Animal Control Officer for the health, safety and welfare of the resident, law enforcement, or Animal Control Officers 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, or any animal defined in Sections 2-301, 2-302, 2-303, or 2-304 where such animal is impossible or impractical to catch, capture or tranquilize.
(Ord. 2487)
(a) The Animal Control Officer or 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 Chapter.
(b) The Animal Control Officer or any Law Enforcement Officer shall have the right of entry upon any private unenclosed lots or lands to investigate cruelty to animals.
(c) It shall be unlawful for any person to interfere with the Animal Control Officer in the exercise of his or her duties.
(Ord. 2487)
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 or as established by contract with private groups or individuals such as veterinarians and humane societies. 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. 2487)
(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. 2487)
It shall be unlawful for any person to:
(a) Cruel acts and conditions enumerated:
(1) It shall be unlawful for any person:
(A) To willfully or maliciously kill, maim, disfigure or torture, strike, hit or beat with a stick, board, chain, club or other object; mutilate, burn, or scald with any substance; or drive over any domesticated animal, or cruelly set an animal upon another animal, except that reasonable force may be employed to drive off vicious or trespassing animals; or
(B) By any means to make accessible to any animal, with the intent to cause harm or death, any substance which has in any manner been treated or prepared with harmful or poisonous substances (it is not the intent of this subsection to prohibit the use of poisonous substances for the control of vermin of significance to the public health); or
(C) To fail, refuse or neglect to provide any animal in the person’s charge or custody as owner or otherwise, with proper food, drink, shade, care, or structurally-sound weatherproof shelter appropriate for the type, age and/or size of the animal; or
(D) To drive or work any animal cruelly; or
(E) To abandon any animal within the City limits; or
(F) To leave any animal confined in a vehicle in extreme weather conditions; defined as less than thirty (30) degrees Fahrenheit or more than eighty (80) degrees Fahrenheit; or
(G) To transport an animal in the trunk of a vehicle or unsecured in the open bed of a truck; or
(H) To cause, instigate, stage, or train any animal to fight or permit any fight between any animal and another animal or human; or
(I) To give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade; or
(J) To attach chains or other tethers, restraints or implements directly to an animal without the proper use of a collar, harness, or other device designed for that purpose and made from a material that prevents injury to the animal; or
(K) To use a chain, leash, rope, collaring device, tether, or any other assembly or attachments to picket an animal that shall weigh more than one-eighth (l/8) of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area picketed; or
(L) To picket an animal in such a manner as to cause injury, strangulation, or entanglement of the animal on fences, trees, or other man made or natural obstacles,
(M) To tether an animal outdoors to a stationary object or to a mobile device, including, but not limited to, a trolley or a pulley, when a weather advisory or warning is issued by local, state or federal authorities or when outdoor environmental conditions, including, but not limited to, extreme heat, cold, wind, rain, snow or hail, pose an adverse risk to the health or safety of such animal based on such animal’s breed, age or physical condition, unless tethering is for a duration of no longer than 15 minutes.
(2) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report any injury or death to the animal’s owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society.
(b) Exceptions: Nothing in subsection (a) of this section shall:
(1) Be deemed to prohibit any action by a licensed veterinarian done in accordance with accepted standards of veterinary medicine, or any action taken by a law enforcement officer pursuant to the interests of public health and safety; or,
(2) Be interpreted as prohibiting any act done in self-defense or done to defend another person.
(Ord. 2487)
(a) Any public health officer, law enforcement officer, code enforcement officer, or licensed veterinarian may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined by Section 2-107: provided that entry upon private property shall only be accomplished with the assistance of a law enforcement officer. Such officer, agent or veterinarian may inspect, care for, or treat such animal or place such animal in the care of any facility with which the City has contracted for animal sheltering services or a licensed veterinarian for treatment, boarding or other care or, if an officer of such animal sheltering facility or such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane destruction.
(b) The owner or keeper of an animal destroyed pursuant to subsection (a) shall not be entitled to recover damages for the destruction of such animal unless the owner proves that such destruction was unreasonable and unwarranted.
(c) Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to subsection (a) pending prosecution of the owner or keeper of such animal for the crime of cruelty to animals as defined in Section 2-107 shall be assessed to the owner or keeper as a cost of the case if the owner or keeper is adjudicated guilty of such crime.
(d) If a person is adjudicated guilty of the crime of cruelty to animals as defined in Section 2-107 and the court determines that such animal owned or possessed by such person would be in the future subject to any cruelty to animals, such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society, animal shelter or control or licensed veterinarian for sale, adoption or other disposition.
(e) Unless the animal obtained pursuant to this section is the evidentiary subject of a pending prosecution, the owner or keeper of the animal shall have a maximum of four (4) business days after the animal is taken into custody to obtain the animal from the veterinarian or the animal sheltering facility having custody of the animal. The veterinarian or the animal sheltering facility shall notify the owner or keeper of the animal, if known or reasonably ascertainable. The failure of the owner or keeper to obtain custody of the animal in the time provided shall provide the authority for the Municipal Judge to declare that the animal be disposed of by the veterinarian or the animal sheltering facility by adoption or destruction.
(f) Violation of Section 2-107 shall be a municipal offense for which a mandatory court appearance is required, and upon conviction, the defendant shall be fined the fee set by the Municipal Judge plus applicable court costs, per offense. The Municipal Judge shall not have authority to suspend the minimum fine. In addition, the Municipal Judge shall have authority to impose a fine of not less than $500.00 and not greater than $1,000.00, and impose a jail sentence in the County Jail of not more than six (6) months.
(Ord. 2487)
It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or sub-species of mammal, bird, amphibian, or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969.
(Ord. 2487)
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 any trap specifically designed to kill rats, mice, gophers or moles, with the consent of the owner or occupant of the property where the trap is set, and to the use of cage-type, live traps employed for the control of nuisance animals as long as the traps employed are tended every 12 hours.
(Ord. 2487)
(a) No animal house, pen or private kennel shall be maintained closer than forty (40) feet to any apartment house, residential condominium, hotel, restaurant, boarding house, retail food store, building used for school, religious or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which the animals are kept.
(b) 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.
(c) 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.
(d) All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
(e) All animals’ shelters and fences confining animals shall be maintained in good repair. Barbed wire fences and above ground 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. 2487)
(a) The Animal Control Officer shall be responsible for the removal of all dead animals found on public property within the City.
(b) All dead animals shall be removed by the owner or proprietor of the premises within 12 hours of the animal’s death. If not so removed, the animals shall be removed by the Animal Control Officer, and the costs arising therefrom charged to the animal’s owner or custodian or property owner or proprietor.
(c) On occupied property, the owner and/or tenant thereof shall provide easy access to the subject animal for purposes of its removal.
(Ord. 2487)
(a) 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.
(b) Any animal or fowl found in violation of this Section shall be impounded as provided in Section 2-115 and 2-116.
(c) It shall not be unlawful under the regulations of this Section for any person to allow dogs to run at large within the posted leash free areas of the City limits.
(Ord. 2487)
(a) It shall be unlawful for any person to attach chains or other tethers, restraints or implements directly to an animal without the proper use of a collar, harness, or other device designed for that purpose and made from a material that prevents injury to the animal. No person shall:
(1) Picket or tie any animal in any park, street, public right-of-way, alley or public property; or
(2) Use a tether or any assembly or attachments thereto to tether an animal that shall weigh more than one-eighth of the animal’s body weight or due to weight, inhibit the free movement of the animal within the area tethered; or
(3) Tether an animal on a choke chain or in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other manmade or natural obstacles; or
(4) Tether an animal without access to shade when sunlight is likely to cause overheating, or appropriate shelter to provide insulation and protection against cold and dampness, or to tether a dog without securing its water supply so that it cannot be tipped over by the tether; or
(5) Tether an animal in an open area where the tether allows for the animal to be within 4 feet of a public right-of-way including but not limited to sidewalks, streets, or other’s private property; or
(6) Tether an animal outdoors to a stationary object or to a mobile device, including, but not limited to, a trolley or a pulley, when a weather advisory or warning is issued by local, state or federal authorities or when outdoor environmental conditions, including, but not limited to, extreme heat, cold, wind, rain, snow or hail, pose an adverse risk to the health or safety of such animal based on such animal’s breed, age or physical condition, unless tethering is for a duration of no longer than fifteen minutes.
(Ord. 2487)
(a) The Animal Control Officer is authorized to receive and dispose of donated or gift dogs, cats or other small animals, and to impound, offer for adoption or euthanize any animal running at large in violation of this Chapter or any animal impounded for any other reason. The animals may be taken up or impounded even though no citizen makes a complaint and even though the Animal Control Officer issues no notice to appear. Impoundment shall be subject to the following:
(1) The Animal Control Officer shall notify the owner of an impounded animal, identifiable by a tag or other approved method, by telephone or personally, followed by direct mail notification to the owner’s last known address.
(2) The animal shall be confined in an approved shelter for a period of at least four (4) business days beginning at 9:00 a.m. of the morning following its capture. If the owner does not reclaim his or her animal during this period, or if the Animal Control Officer is unable to locate and notify the owner after making a good faith effort, then the Animal Control Officer may offer for adoption or euthanize the animal.
(3) Adopted animals shall be licensed in accordance with this Chapter if adopted by a resident of the City.
(4) All animals euthanized under the provisions of this Section shall be euthanized by a licensed veterinarian.
(b) No animal shall be euthanized or placed for adoption unless the following shall have occurred:
(1) The Animal Control Officer shall post a notice in a conspicuous place that describes the animal and the time and place of capture;
(2) The notice shall remain posted for a minimum period of 72 hours;
(3) A copy of the notice shall be mailed to the owner of the animal, if known, by United States Mail to the owner’s last known address; or
(4) shall be personally contacted by telephone or in person, if reasonably possible.
(c) Any dog or cat licensed or unlicensed may be claimed by its owner upon the payment of impoundment fees and boarding fees established by the City Council. The period to determine the impoundment fee is the 12 month period prior to each current impoundment.
(Ord. 2487)
At any time before the sale or destruction of any animal impounded under the provisions of this Article, the owner thereof may redeem the animal by paying the Animal Control Officer or any person in charge, the impounding fee, boarding fee, all costs incurred as a result of such impoundment, including necessary veterinary care, and upon compliance with the registration and licensing provisions of this Chapter.
(Ord. 2487)
(a) When any animal subject to rabies has bitten or attacked any person, or when an animal is suspected of having rabies, it shall be the duty of any person having a knowledge of the facts to report the same immediately to the Police Department.
(b) Licensed dog or cat.
(1) The owner or harborer of a properly vaccinated biter dog or cat shall have the dog or cat examined by a licensed veterinarian, of their choice, who shall submit a report to the Animal Control Officer within 24 hours of the incident.
(2) The biter dog or cat may be impounded upon the licensed premises by the owner or harborer. Impoundment shall mean within a structure or secure enclosure or upon a leash only upon the premises of the owner or harborer. The period of impoundment shall be 10 days.
(3) The owner or harborer of a properly vaccinated biter dog or cat shall have the dog or cat examined by a licensed veterinarian again on the 10th day of impoundment. A written report by the veterinarian that the biter dog or cat is not affected by rabies, filed with Animal Control Officer, shall terminate impoundment.
(c) Unvaccinated dog or cat.
(1) The owner or harborer of a biter dog or cat which has not been vaccinated shall have it examined immediately by a licensed veterinarian who shall submit a report to the Animal Control Officer within 24 hours of the incident.
(2) The animal shall be confined for a period of 10 days. It shall be unlawful for any person to release from confinement any animal or remove any animal from its place of confinement to another place without the consent of the Animal Control Officer. The confinement of the animal shall be at the expense of the owner or custodian of the animal. Following consultation with a licensed veterinarian, if the Animal Control Officer has reasonable cause to believe the animal is diseased, or upon exigent circumstances, the Animal Control Officer shall be empowered to order examination of the animal to determine whether it may have rabies. It shall be unlawful for any person to refuse to surrender any animal for quarantine when demand is made by the order of the Animal Control Officer. If the animal dies or is killed, a laboratory examination of the head shall be made at the expense of the animal’s owner or custodian.
(Ord. 2487)
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 a licensed veterinarian 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 (3) 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 a licensed veterinarian, 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.
(Ord. 2487)
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.
(Ord. 2487)
(a) Whenever it is deemed necessary for any persons to be removed from their living accommodation for any purpose, and they shall have any animals that will not be properly cared for as a result of their absence from their home, then the following procedure shall be followed:
(1) The person so removed shall be contacted to determine his or her desires concerning the care of the animal or animals;
(2) Any known friends or relatives of the owner shall be contacted to determine if they will care for the animals; and
(3) If the individuals mentioned above are unable or unwilling to provide for the animals, the City shall remove the animals to the animal shelter. The owner of the animal or animals shall be required to pay any fees for the keeping of the animals before he or she may remove them from the animal shelter.
(b) If the owner of any animal detained by the City shall fail to make arrangements to care for the animal within thirty (30) days of the time the City takes possession of the animal, the City shall notify the owner in writing that, if the owner does not make arrangements to care for the animal within five (5) days, the animal will be placed for adoption or destroyed as an abandoned animal. The five (5) days shall be counted from the date of mailing. If the owner fails to make the arrangements within such time, the animal shall be placed for adoption or destroyed in accordance with the provisions of this Chapter.
(Ord. 2487)
(a) It shall be unlawful for any person to keep, operate or maintain a commercial kennel without first obtaining a building permit, business license, and any other requirements of the City.
(b) A commercial kennel permit is required when a person shall have, hold, maintain or house more than a combined total of seven (7) animals over six (6) months of age within the City.
(c) A private kennel permit is required when the person in charge of a residence or residential premises or household shall have, hold, maintain or contain more than a combined total of three (3) dogs and cats over six (6) months of age within the City. No residential kennel permit shall be issued for more than seven (7) animals. Application for a kennel permit shall be filed with the City. The application shall state the name of the person desiring to keep or maintain any kennel, the location of the premises where the kennel is to be kept and maintained and any other information that the City may desire. The application shall be signed by the applicant and shall bear the date that application is made.
(d) An annual fee established by the City Council shall be charged for a private kennel and a commercial kennel permit. No permit shall be transferable from one person to another or from one premise to another.
(e) Any permit issued under this Section may be canceled if the holder fails to comply with any notice given him or her pursuant to violations to this Article. No person who had a permit canceled shall be permitted to make application for another permit within one (1) month from the date of the cancellation of a previous permit.
(f) A foster home shall register once a year and show proof of association, licensing, or authorization as a foster home from a State licensed pound or shelter to the Bonner Springs Police Department who shall record the name, address, phone number and retain a copy of the proof presented. Foster homes in residential areas shall not have more than seven (7) animals.
(Ord. 2487)
(a) Any public health officer, Animal Control Officer or Law Enforcement Officer may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined in Sections 2-107 or 2-114 during a pendency of a matter before a court of competent jurisdiction. The officer or agent may inspect, care for or treat the animal or place the animal in the care of a duly incorporated humane society, licensed veterinarian or animal shelter for treatment, boarding or other care or if it appears to a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose, for humane killing.
(b) If the owner or custodian is charged with a violation of this Section, the animal shelter, veterinarian or boarding facility where the animal is held may petition the Municipal Court to be allowed to place the animal for adoption or euthanize the animal at any time after 21 days after the owner or custodian is notified that the animal is no longer of evidentiary value as living evidence, or if the owner or custodian is not known or reasonably ascertainable, after 21 days after the animal is taken into custody, unless the owner or custodian of the animal files a renewable cash or performance bond with the City Clerk in an amount equal to not less than the cost of care and treatment of the animal while the animal was held.
(c) Expenses incurred in the destruction, care, treatment or boarding of any animal taken into custody pursuant to Subsection (a) of this Section, pending prosecution of the owner or custodian of the animal for the crime of cruelty to animals, shall be assessed to the owner or custodian as a cost of the case if the owner or custodian is adjudicated guilty of the crime.
(d) If a person is adjudicated guilty of the crime of cruelty to animals and the court is satisfied that an animal owned or possessed by the person will be subject to cruel or unlawful treatment in the future, the animal shall not be returned to the person. The animal may be turned over to a duly incorporated humane society or licensed veterinarian for adoption or other disposition.
(Ord. 2487)
Whenever the Animal Control Officer or any other Law Enforcement Officer encounters a stray or abandoned animal suffering pain, he or she shall take the animal to a veterinarian approved by the City where the cost of any care or treatment shall be borne by the owner. If the ownership of the animal cannot be determined, the Animal Control Officer shall treat the animal as one impounded under Section 2-115. If the animal appears to be diseased or disabled beyond recovery for any useful purpose, the officer shall treat the animal under Section 2-124.
(Ord. 2487)
It shall be unlawful for the owner of any domestic animal to knowingly ship or remove the animal from the owner’s premises when afflicted with a contagious or infectious disease except under the supervision of the Health Officer. It shall be the duty of the Health Officer to order the disposition of any diseased animal and treatment of the affected premises to prevent the communication and spread of contagion or infection except in cases where the State veterinarian is empowered to act and does act.
(Ord. 2487)
Whenever any animal is found confined in a motor vehicle in a public place under extreme weather conditions that endanger its life as determined by an animal control or law enforcement officer, such is a violation of this section and any animal control officer is hereby authorized, with assistance from the police, to enter such a vehicle and rescue such animal and thereafter impound it. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this section and impounded.
(Ord. 2487)