CHAPTER II. ANIMALS AND FOWL
Article 1. Animals, Fowl Generally
Article 2. Dogs; Cats
Article 3. Dangerous Animals and Pit Bulls
ARTICLE 1. ANIMALS, FOWL GENERALLY
(a) Animal shall include, but shall not be limited to, cattle, horses, mules, goats, hogs and sheep.
(b) Fowl shall include, but shall not be limited to, chickens, ducks, geese, turkeys, guineas and pigeons.
(c) Person shall mean any person, firm, partnership, association or corporation.
(d) Undomesticated animal means and includes any wild mammal, reptile or fowl which is not naturally tame but is of a wild nature or disposition.
2-102. ANIMALS OR FOWL AT LARGE: UNLAWFUL ACTS. It shall be unlawful for any person to suffer or permit any domestic animal or fowl, owned or under the care or charge of such person or persons, to run or be at large within the corporate limits of the city. The word "animal" as used herein shall not be construed to mean or include any dog or cat for the purposes of this article. The phrase "at large" shall mean any domestic animal or fowl not securely confined or kept on the premises of their owner or keeper. (Code 1971)
2-103. PASTURING OR PICKETING ANIMALS. It shall be unlawful for any person to pasture, graze or herd a domestic animal or animals upon any street, avenue, alley, or public park of the city. It shall be unlawful for any person or persons to picket any domestic animals upon or near any street, avenue or alley in such manner that the animal can, while so picketed, graze or pasture or be upon any such street, avenue or public ground. Any animal being pastured, grazed or picketed in violation of this section shall be deemed at large and may be taken up and held as a stray animal as hereinafter provided. (Code 1971)
2-104. TAKING UP ANIMALS OR FOWL. When any domestic animal or fowl shall be found at large in the city, contrary to the provisions of sections 2-102:103 of this article, it shall be the duty of the animal control officers, the chief of police or other police officers of the city, to take up such animal or fowl and keep the same in a safe place temporarily until the owner or keeper thereof may be found. The officer shall make a diligent inquiry for the owner or keeper of such animals or fowl and shall return the same to the person lawfully entitled thereto when found. The city shall be entitled to receive from any person the actual cost of feeding and keeping of any animal or fowl taken up hereunder. Any city officer having charge of such animal or fowl shall keep an account of the cost incurred thereby and report the same to the city clerk. Whenever any animal or fowl taken up which shall be a "stray" as defined by the laws of Kansas and whose owner or keeper cannot be found, the animal or fowl shall be disposed of as provided by law. (Code 1971; Code 1983)
Note: See Article 2, Chapter 47, Kansas Statutes Annotated.
2-105. KEEPING ANIMALS. It shall be unlawful for any person to keep, maintain or harbor within the city limits of the city any horses, cattle, swine, goats, sheep or any other livestock or domestic or undomesticated animal, other than chinchillas, rabbits, cats or dogs. For the purposes provided herein, the keeping and harboring of such animal shall not include the following: the temporary custody of such animal while held under the order of a licensed veterinarian for the purposes of treatment; use in educational or vocational programs conducted by an educational institution accredited and certified by the State of Kansas; or while such animal is in the process of being transported by ordinary and customary means. (Ord. 545)
2-106. KEEPING FOWL. It shall be unlawful for any person to keep, maintain or harbor within the city limits of the city, any fowl, including but not limited to chickens, ducks, geese, turkeys, guineas and pigeons. (Code 2011)
2-107. ANIMAL NUISANCES. This article shall not be construed to authorize the keeping or maintenance of any domestic animal or livestock on any premises within the city under any condition constituting a public nuisance. The city board of health shall be authorized to abate any animal nuisance as provided by law and ordinances of the city. (Code 1971)
ARTICLE 2. DOGS; CATS
2-201. DOG TAX: No person shall own, keep or harbor any dog or dogs six months of age or more within the city until he or she shall have paid the annual city dog tax hereinafter provided and procured from the city clerk a dog tag for the current year for each such dog; and
(a) The annual tax shall be $5 or each male dog and each spayed female dog. Any person paying the tax for a spayed female dog shall furnish to the city clerk a certificate from a licensed veterinarian or some other satisfactory proof that such dog has been spayed; and
(b) Seven dollars and fifty cents for each unspayed female dog.
(c) The owner or keeper of any dog brought into the city on or after January 1, of any year, shall be liable for the tax for the current year within 30 days after said dog shall have been brought into the city. All license fees required under this article shall be for a period of one year and shall not be pro-rated for any portion of the year.
(d) The owner or keeper of any dog born on or after January 1 of any year shall be liable for the full annual tax for the current year within 60 days after said dog shall have become six months old. No license required under this subsection shall be pro-rated based upon the age of the dog.
(e) No person or persons shall own, keep or harbor in any place, area, building, structure, or enclosure more than five (5) dogs, more than six months old, which are boarded, cared for, housed, fed, trained, or bred, within the city. This definition includes both private and commercially operated facilities, except to a licensed veterinarian to operate an animal hospital.
(f) No kennel licenses will be issued within the city, except to a licensed veterinarian to operate an animal hospital.
(g) Any person who shall fail to purchase a license as required in this section, shall upon conviction be guilty of a misdemeanor and shall be punished as provided in sections 1-114:115. The imposition of said penalty shall not relieve the person of any additional penalties imposed under section 2-202. (Code 1971; Code 1983) (Ord. 682)
2-202. SAME; WHEN DUE. All dog tags shall be due and payable at the office of the city clerk from and after January 1 of each year. If the tax required to be paid for any such dog shall not be paid prior to March 1 of any year, the owner or harborer shall pay an additional penalty of $.50 per month for each month's delay in the payment of the tax required by section 2-201 of this article. (Code 1971)
2-203. NOTICE OF TAX DUE. The city clerk shall each year on or before the 15th day of February publish a notice of the requirements of this article requiring the owners or harborers of dogs in the city to pay the annual tax. Such notice shall be published once in the official city paper. (Code 1971)
2-204. VACCINATION REQUIRED. Any person making application for a dog tag shall be required to present to the city clerk at the time of making such application a certificate issued by a licensed veterinarian plainly showing that the dog has been vaccinated or inoculated with a recognized rabies vaccine within the past two years, and certifying that the inoculation is currently effective. (Code 1971)
2-205. TAX RECEIPT. The city clerk shall upon payment of the dog tax issue to the person paying the same a receipt showing payment of the current tax. The city clerk shall also supply the taxpayer with a suitable tag which shall bear an identifying number and shall show the year for which the tax shall have been paid. The city clerk shall keep a suitable book in which he or she shall enter the names and addresses of the persons paying taxes on dogs, the names of the dogs, the sex, each female if spayed, the color and general description which may be helpful in identifying such animal. (Code 1971)
2-206. DISPLAYING TAG ON DOG. It shall be the duty of the person receiving the dog tag to affix it by permanent metal fasteners to the collar or harness of the dog on which the tax shall have been paid. The metal tag issued for any dog shall be securely affixed to the collar or harness of the dog in such manner that the same may at all times be visible to any police officer of the city. If such tag be lost, the city clerk, on application and satisfactory proof of the same and upon the payment of the sum of $1 shall issue a duplicate tag and enter a record of the same in his book. (Code 1971)
2-207. COUNTERFEITING OR REMOVING TAGS. It shall be unlawful for any person to counterfeit or attempt to counterfeit, the dog tag provided in this article or to take from any dog the tag legally placed on it by its owner, with the intent to place the same upon another dog. (Code 1971)
2-208. TAGS NOT TRANSFERABLE. Dog tags shall not be transferable from one dog to another, and no refunds shall be made of any tax paid because of the owner leaving the city or because of the death of the dog before the expiration of the license. (Code 1971)
2-209. CITY POUND. The city pound is hereby established for the purpose of carrying out the provisions of this article and it shall be the duty of the chief of police to construct the same and keep it in good repair. (Code 1971)
2-210. UNTAGGED DOGS. It shall be unlawful for any person to house, keep, harbor or maintain, or cause to be kept, harbored or maintained for more than 30 days within the city, any dog six months or older on which a tag for the current year is not displayed. (Code 2011)
2-211. IMPOUNDING: INQUIRY: DESTRUCTION. The chief of police, any police officer, or animal control officer shall take up and impound any dog running at large as provided by this article. If the dog is wearing a tag, the owner shall be contacted. If the dog is not wearing a tag, a diligent inquiry shall be made for the owner thereof. Such dog shall be released, adopted, destroyed, or otherwise disposed of within five days of the time of impounding. The animal control officer or chief of police shall be the only ones authorized to release impounded dogs. (Ord. No. 755, Sec. 1)
2-212. REDEEMING DOGS. A person wishing to redeem an impounded dog without going through a hearing in municipal court may pay the city clerk a $50.00 impound fee for a first offense, plus a $50.00 fine and court costs; a $50.00 impound fee for a second offense, plus a $75.00 fine and court costs; and a $50.00 impound fee for a third offense, plus a $100.00 fine and court costs. Any offender who receives more than three dog-at-large citations within a 12-month period must appear before the municipal judge for the assessing of any penalties. When the owner of an impounded dog presents the animal control officer or chief of police with the receipt from the city showing such charges have been paid, the dog shall be released to him or her. In the event the impounded dog being released is non-licensed or has not been vaccinated as required by section 2-204, the dog must be given immunization and tagged with the city as required by this article within a seven-day period. Failure to present evidence of compliance shall result in charges being filed in municipal court for those violations of the city codes. (Ord. No. 755, Sec. 2)
2-213. BREAKING POUND. It shall be unlawful for any person to break open, aid or assist, counsel or advise the breaking open of the city pound or to take, or to let out, or to attempt to take or let out any dog placed therein by a police officer or animal control officer except by authority of a city police officer, the animal control officer or the city clerk. (Code 1971)
2-214. MUZZLING DOGS: MAYOR'S PROCLAMATION. The mayor is hereby authorized, when danger from rabid dogs is imminent, to issue a proclamation ordering all persons owning or harboring any dogs in this city to muzzle or confine the same in an enclosure from which the dog cannot escape, or fasten such dog securely on the premises where the owner or harborer may reside for such time designated in the proclamation. Any dog suspected of having rabies shall be impounded for a period of at least ten days on the premises of the owner or impounded elsewhere at the owner's expense to determine if the dog is suffering from rabies and any dog afflicted shall be immediately killed. (Code 1971)
2-215. NOISY ANIMALS OR FOWL. It shall be unlawful for any person to keep, own, or harbor, within the city, any animal or fowl which is in the habit of excessive barking, howling, crowing, meowing, screeching, braying, or crying by day or night, disturbing the peace and quiet of any person, family, or neighborhood within the city. (Code 1971)
2-216. VICIOUS DOGS. Vicious dogs shall be handled under Article 3 of this chapter. (Code 2011)
2-217. DOG FIGHTING. It shall be unlawful for any person, by words, signs or otherwise, to set any dog or dogs to fighting, or attack any other dog or to aid or abet, or encourage any dog fight. It shall be unlawful for anyone being the owner, keeper or harborer of any dog, to knowingly permit such dog to fight, without endeavoring to prevent the same by words, signs or otherwise; to set on or encourage any dog to attack or chase any animal, or to attack or chase any human being not engaged in malicious or criminal acts. (Code 1971)
2-218. DOGS AT LARGE PROHIBITED: WHEN. It shall be unlawful for the owner, harborer or keeper of any dog to permit or allow such dog to run at large within the city at any time from January 1 through December 31 of any year, whether tagged or not tagged, and the owner, keeper or harborer of any dog shall keep such securely confined on the premises of such owner, keeper or harborer. Any dog securely restrained within a vehicle, or by a leash or chain held or controlled by some person when off the premises of the owner, harborer or keeper, shall not be deemed to be running at large within the meaning of this section. (Code 1971)
2-219. TRESPASSING DOGS. Each and every dog which trespasses upon and does injury to public or private property of any person other than the owner, keeper or harborer of such, is hereby declared a nuisance. Each such dog shall be subject to be impounded as provided in this article. Any person owning, harboring or keeping a trespassing dog declared to be a public nuisance hereunder shall be subject to the penalty provisions of section 1-115 of this code. (Code 1971)
2-220. POUND FEES. A daily charge of $2.50 will be assessed against the owner or keeper of each animal kept in the city pound. All charges collected pursuant to this section shall go to the city general operating fund. (Code 1983)
2-221. DOG BITES: QUARANTINE. Whenever any dog has bitten a person, it shall be the duty of the owner or harborer of such dog, or any police officer of the city, or any other person having knowledge of such incident to report the same to the city health officer. The health officer shall order that the dog be quarantined on the owner's premises or impounded elsewhere at the owner's expense for a period of not less than ten days and until such time as the health officer finds that such dog shows no evidence of having rabies. If it is determined that such dog is suffering from rabies, it shall be forthwith destroyed; otherwise it shall be released from quarantine. (Code 1971)
2-222. CATS. (a) No person or persons shall keep or harbor more than five cats upon the premises of such owner, harborer or keeper. (Code 1971; Code 1983; Code 2011)
2-223. UNLAWFUL ACTS; CRUELTY TO ANIMALS. Cruelty to animals is any of the following acts:
(a) Intentionally abandon or leave any animal in any place without making provisions for its proper care;
(b) Have physical custody of any animal and intentionally fail to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal;
(c) Intentionally use a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment; or
(d) Intentionally cause any physical injury other than acts constituting a felony as defined in K.S.A. 21-4310, and amendments thereto.
(e) These provisions shall not apply to the exceptions sanctioned under section 2-223A.
In addition to the penalties provided in section 1-115 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. (Code 2011)
2-223A. SAME; EXCEPTIONS. The provisions of section 2-223 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, or by any officer or agent of an incorporated humane society operator of an animal shelter or pound, a local or state health officer or a veterinarian three business days following the receipt of any such animal at such society, shelter or pound;
(f) With respect to farm animals, normal or accepted practices of animal husbandry, including the normal and accepted practices for the slaughter of such animals for food or by-products and the careful or thrifty management of one’s herd or animals, including animal care practices common in the industry or region;
(g) The killing of any animal by any person at any time which may be found outside of the owned or rented property of the owner or custodian of such animal and which is found injuring or posing a threat to any person, farm animal or property;
(h) An animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods;
(i) Laying an equine down for medical or identification purposes;
(j) Normal or accepted practices of pest control, as defined in K.S.A. 2-2438a, and amendments thereto. (Code 2011)
2-224. INJURY TO DOMESTIC ANIMALS. No person shall willfully and maliciously (a) administer any poison to any domestic animal; (b) expose any poisonous substance with the intent that the same shall be taken or swallowed by any domestic animal; or (c) kill, maim, or wound any domestic animal of another without the consent of the owner. This section shall not apply to any person exposing poison upon their premises for the purpose of destroying wolves, coyotes, or other predatory animals, nor shall it apply to any licensed veterinarian who administers any such substance in the practice of veterinarian profession, nor to a law enforcement officer while engaged in the performance of his or her duties. (Code 1983)
2-225. GENERAL. (a) Persons who own or harbor cats, dogs, or other pets must not violate any zoning law, or any other law of the State of Kansas, or of the city, or maintain such pets in a manner detrimental to the health, safety, or peace of mind of any person residing in the immediate vicinity, including, but not limited to excessive noise (such as barking), and offensive odors.
(b) The animal control officer of the City and law enforcement officers of the City are authorized and directed to enforce state statutes dealing with cruelty to animals, such as but not limited to K.S.A. 21-4310, et seq. (Ord. 682, Sec. 2)
ARTICLE 3. DANGEROUS ANIMALS AND PIT BULLS
2-301. DEFINITIONS. (a) Dangerous animal means any of the following:
(1) Any mammal, amphibian, fish, reptile, or fowl of a species which due to size, vicious nature, or other characteristics would constitute a danger to human life or physical well-being.
(2) Any animal having a known disposition or propensity to attack, bite, or injure any person or animal without provocation. Where the official records of the Animal Control Officer, City Clerk, Police Department, or Clerk of the Municipal Court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that said animal is a dangerous animal.
(3) Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting.
(4) Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty and when such animal has the apparent ability to cause injury or harm to such officer.
(5) Any pit bull dog. Pit bull dog means any and all of the following dogs:
(i) The Staffordshire Bull Terrier breed of dogs;
(ii) The American Staffordshire Terrier breed of dogs;
(iii) The American Pit Bull Terrier breed of dogs;
(iv) Any other breed commonly known as Pit Bull, Pit Bull Dog, or Pit Terrier; or
(v) Dogs which have the appearance and characteristics of being predominately of the breeds of dogs known as the Staffordshire bull terrier, the American Staffordshire Terrier, or the American Pit Bull Terrier.
(b) The registration of a dog at any time in any jurisdiction as any of the dogs listed above shall constitute prima facie evidence the animal is a pit bull dog.
(c) “Person” includes any natural person, association, partnership, organization or corporation.
(d) “Own” or “keep” means to own, keep, harbor, control, manage, possess, maintain, or have charge or custody of or provide care for.
(e) “Owner” or “keeper” means any person who owns or keeps a dangerous animal.
(f) “Registered pit bull dog” means a pit bull dog for which a permit has been properly obtained pursuant to Sec. 2-305. (Ord. 720, Sec. 1)
2-302. PROHIBITION. Except as provided in Secs.1-303 and 1-304, no person shall own or keep any dangerous animal in the City. (Ord. 720, Sec. 2)
2-303. EXCEPTIONS. Any person who meets any of the following exceptions shall be permitted to own or keep an animal described in Sec. 1-301 provided that such person has first properly obtained a permit for the animal as provided in Sec. 1-305 and provided that an owner or keeper of a pit bull shall also be required to comply with all licensing and vaccination requirements imposed by other code sections relating to dogs.
(a) The keeping of such animals in zoos, bona fide educational or medical institutions, museums, or any other place where they are kept as live specimens for the public to view or for the purpose of instruction or study.
(b) The keeping of such animals for exhibition to the public by a circus, carnival, or other exhibit or show.
(c) The keeping of such animals in a bona fide, licensed veterinary hospital for treatment.
(d) Commercial establishments possessing such animals for the purpose of sale or display.
(e) The owning or keeping of a registered pit bull dog subject to the following requirements:
(1) Leash. No person shall permit a registered pit bull to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length. No person shall permit a pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless an adult person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, or buildings.
(2) Muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such animal is securely muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.
(3) Confinement. All registered pit bull dogs shall be securely confined indoors or, if outdoors in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided herein. Such pen or kennel shall have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key lock or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(4) Confinement Indoors. No pit bill may be kept on a porch, patio, or in any part of a house or structure in any manner that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(5) Signs. All owners or keepers of registered pit bull dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign shall be posted on the kennel or pen of such animal.
(6) Special Collar. All registered pit bull dogs shall be required to wear a bright orange collar at all times when not confined indoors. The collar shall be visibly on the dog when it is in a kennel or pen or on a leash.
(7) Microchipping. All registered pit bull dogs shall have an identification microchip implanted. Such microchipping shall be accomplished by a licensed veterinarian.
(8) Reporting Requirements. All owners or keepers of registered pit bull dogs must within ten days of any of the following incidents report the incident in writing to the city clerk as required hereinafter:
(i) The removal from the City or death of a registered pit bull dog;
(ii) The birth of offspring to a registered pit bull dog;
(iii) The move of the owner or keeper or the move of a registered pit bull dog to a new location within the city limits. In such case, the new address of the registered pit bull dog and that of the owner or keeper shall also be reported to the City Clerk.
(9) Offspring. All offspring born of registered pit bull dogs must be removed from the City within six weeks of the birth of such offspring. (Ord. 720, Sec. 3)
2-304. EXEMPTIONS. The prohibition of Sec. 1-302 shall not apply to:
(a) The transportation of dangerous animals through the City when the person transporting such animals has taken adequate safeguards to protect the public and has notified the Chief of Police of the proposed route of transportation and the time thereof; or
(b) The keeping of any dangerous animal by the City or its designees in the
enforcement of this article.
2-305. SPECIAL PERMIT REQUIRED. A special annual permit shall be required for owning or keeping any pit bull dog eligible for exception under Sec. 1-303(e). Permits shall be issued only to adults and only to the person who is the owner or keeper of the animal. Permits shall be granted according to the following procedures.
(a) An initial application for a pit bull dog permit pursuant to this article shall be made to the City Clerk. A permit shall be valid for twelve months. An application shall be made for each twelve-month period thereafter and shall be made on a form provided by the City. No permit shall be granted to any owner or keeper of a pit bull dog who has not properly obtained an initial permit.
(b) The application shall be accompanied by the following:
(1) The name, address, and telephone number of the applicant.
(2) A statement that the applicant is the owner or the keeper of the animal.
(3) The name, address, and telephone number of any other owner or keeper of the animal.
(4) The address of the location where the animal will be kept.
(5) A general description of the animal for which the permit is sought.
(6) An acknowledgment of receipt of a copy of this ordinance.
(7) A signature by each owner or keeper of the animal.
(c) The application shall also be accompanied by:
(1) Proof of public liability insurance in a single incident amount of $1,000,000 for bodily injury to or death of any person or persons or for damage to property owned by any persons who may result from owning or keeping a pit bull dog. At the time of the initial application, the owner or keeper must present proof to the City Clerk of the required insurance. At the time of the subsequent application, the owner or keeper must show proof of insurance for the present application period of the previous year. In the event said liability insurance is cancelled, lapsed, or for any other reason becomes non-enforceable, the owner or keeper shall be in violation of this article.
(2) Two identical color photographs of the animal taken within the previous thirty days clearly showing the color and approximate size of the animal.
(3) Proof of microchipping.
(4) Photo identification for each owner or keeper of the animal.
(d) Annual permit fees shall be $50 per each pit bull dog. Permit fees are not refundable.
2-307. FAILURE TO COMPLY. It shall be unlawful for the owner or keeper of any dangerous animal to fail to comply with the requirements and conditions of this article.
2-308. NOTICE OF VIOLATION. When the Animal Control Officer has knowledge of a possible violation of this article, the Animal Control Officer shall forthwith cause the matter to be investigated. If after investigation there are reasonable grounds to believe there has been a violation of this article, the Animal Control Officer shall forthwith deliver written notice to the owner or keeper of the animal that is the subject of the violation requiring such person to safely remove said animal from the City within five days of the date of the notice. Such owner or keeper shall remove the animal from the City within the required time. Such a notice shall not be required when a dangerous animal has caused serious physical harm or death to any person or has escaped and is at large in which case the Animal Control Officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person or animal.
2-309. SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS. The Animal Control Officer, with the approval of the Chief of Police, shall forthwith cause to be seized and impounded any dangerous animal when the owner or keeper of the animal has failed to comply with the notice sent pursuant to Sec. 1-308. Upon seizure and impoundment, the Animal Control Officer shall cause a complaint to be filed in the municipal court against the owner or keeper of the subject animal and the animal shall be delivered to a place of confinement approved by the Chief of Police and kept until further order of the municipal court.
2-310. APPEALS. (a) Any person aggrieved by any of the following decisions, rulings, actions or findings of the City may, within ten days thereafter, file a written notice of appeal from the decision, ruling action, or finding to the municipal court for an administrative hearing thereon:
(1) The determination that an animal is a dangerous animal;
(2) The denial of a permit; or
(3) The revocation of a permit.
(b) An administrative fee of $10 shall be paid to the Municipal Court Clerk for each appeal to the Municipal Court. No appeal shall be set for hearing until the fee has been paid.
(c) The filing of an appeal under this subsection shall not stay any
action taken pursuant to this article.
(d) The hearing on the appeal shall be conducted by the judge of the municipal court who shall act as an administrative judge for the purposes of this article. The sole issue for determination shall be whether the decisions, rulings, actions, or findings of the Animal Control Officer and/or the City Clerk were within the scope of their authority, supported by substantial evidence, and not arbitrary or capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case.
(e) Pursuant to its role as administrative judge, the court is empowered to hold hearings, subpoena witnesses, take testimony, and require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he or she may be lawfully questioned, the court may order such person to comply with the subpoena and testify. Failure to obey the court’s order may be punished by the court as contempt.
(f) Any aggrieved party may appeal the decision and findings of the Municipal Court Judge pursuant to K.S.A. 60-2101(d). However, the filing of an appeal under this subsection shall not stay any action taken pursuant to this article.
2-311. VIOLATIONS AND PENALTIES. Any person violating any provision of this article shall upon conviction be subject to a fine of not less than $100 and not more than $500. In addition to the fine imposed, the court may sentence the defendant to imprisonment in jail for a period not to exceed 30 days. In addition, the court shall order the revocation of any permit for the subject animal and shall order the removal of the animal from the City. Should the defendant refuse to remove the dog from the City, the court may find the defendant in contempt and order the immediate impoundment of the animal, or continued impoundment if the animal has already been impounded, as well as destruction of the animal. Each day that a violation of this article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care, witness fees, and expenses necessitated by the enforcement of this article.
2-312. ASSIGNMENT OF DUTIES. At the discretion of the City Clerk, any of the duties and responsibilities imposed upon the City Clerk pursuant this article may be assigned in whole or in part to the Chief of Police or the Animal Control Officer.
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