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. This term also includes reptiles, fish, bees or birds that have been tamed, domesticated or captured when such animals would be recognizable as a domesticated.

(c)   Animal Control Officer: Any employee of the City empowered by the Public Works Director to enforce the provisions of this chapter, as approved by the Governing Body.

(d)   Animal Shelter means the facility or facilities operated by the city or another agency by Interlocal agreement or contract for the purpose of impounding or caring for animals under the authority of this chapter or state law.

(e)   Bite means any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

(f)   Cat means any member of the species felis catus, regardless of sex.

(g)   Dangerous Animal means any animal deemed to be dangerous or vicious per section 2-104.

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

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

(j)    Harbor means any person who shall allow any animals to habitually remain or lodge, or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls, such definition to specifically include the habitual feeding of wildlife in a manner that encourages wildlife to remain on or near ones premises.

(k)   Humane Live Animal Trap means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

(l)    Humanely Euthanize means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.

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

(n)   Impound means the capture and/or kenneling of a dog.

(o)   Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in location only, more than two (2) dogs.

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

(q)   Mistreatment: Includes every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

(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 animal which is subject to the provisions of this chapter, the minor’s parent, or the owner/lessee of the real property of which such minor and animal resides 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)   Running at large means any animal that is 1) off the premises of its owner, keeper or harborer, 2) not confined within a fenced enclosure or shelter, or 3) not under the effective control of a person, either by lead, cord, rope or chain not exceeding ten (10) feet in length; provided that an animal may be considered confined if it is on a leash, rope or chain which is sufficient to keep the animal on the premises where picketed in accordance with this Code. For the purposes of this definition, “the premises of its owner, keeper, or harborer” shall not include common areas of the grounds or a condominium, townhouse or apartment, and unrestrained animals upon those areas shall be deemed to be running at large.

(v)   Tether or Picket: Means attaching a leash, rope, chain, lead, or other similar apparatus or device to the body of an animal and another object for the purpose of confining the animal or limiting the movement of the animal.

(w)  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.

(x)   Vicious Animal means any animal deemed to be dangerous or vicious per section 2-301.

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

(a)   The animal control officer shall have the duty and power to enforce all articles and sections 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 for the purpose of collecting any animal whose presence thereupon is a violation of this chapter or to prevent mistreatment of such animal as defined by this code.

(c)   If the designated animal control officer is a designee of the Public Works Director, such animal control officer shall identify themselves as the acting animal control agent for the city when entering upon property for animal control purposes. The designated animal control officer may issue warning citations or complaint alleging violation of this chapter to any individual regarding violation of this Chapter. Such warning citations shall be kept in the office of the Public Works Director. Such non-law enforcement animal control officer shall also sign complaints as the complainant alleging violations of this chapter.

(d)   No person shall willfully hinder, obstruct or otherwise interfere with any city official, city employee, or employee of the Sedgwick County Health Department in the discharge of his or her duties under this chapter, or any article or section of this chapter.

(e)   The Animal Control Officer may bring a licensed veterinarian to the premises where an animal is alleged to have been subjected to inhumane treatment to inspect the premises where any animal was maintained and make a report for use by the Animal Control Officer. The cost of a veterinarian may be assessed to anyone convicted.

(f)   It shall be the duty of the animal control officer to keep or cause to be kept records of the impoundment and disposition of all impounded animals and of animal bites reported to such officer.

(a)   It shall be unlawful for the owner or person having control of any animal other than a cat or cats to permit the same to run at large.

(b)   Any owner of any animal, other than cats, found running at large within the corporate city limits shall be cited for violation of this section. Knowledge or intention on the part of the owner shall not be elements of this offense. The animal control officer may seize, impound and cause to be destroyed any such animal, pursuant to the provisions of K.S.A. 47-1701 et seq., and amendments thereto. The animal control officer may cause any such impounded animal to be returned to its rightful owner upon payment of the boarding fee for days spent in confinement at the shelter and production of the animal registration tag prescribed by Section 2-201 prior to return of the animal. Citations for dog running at large and all other violations of this code are separate matters from impound and boarding fees.

(c)   Any animal injured or found to be ill on public property while running at large shall be removed by an animal control or law enforcement officer who shall, if necessary, place such animal or animals in the custody of a doctor of veterinary medicine duly licensed by the state of Kansas for treatment of injury or illness.

(d)   The owner of an injured animal taken to a veterinarian by the animal control officer or a law enforcement officer is responsible for payment of charges for veterinary services provided to that animal either to the veterinarian directly or reimburse the City for payments made to the veterinarian for veterinary services rendered to or on behalf of the owner’s animal. The costs and fees of any type of animal health care provided may be ordered by the municipal court as restitution.

(e)   If any animal dies while running at large on public property, the owner shall be liable for disposal fees established by the animal shelter in addition to penalties for violation of this section as set out in the schedule of fees.

(Ord. 735)

(a)   An “aggressive animal” includes any animal or dog that without provocation, exhibits aggression or combativeness towards either 1) a person or 2) another domestic animal which is on the property of its owner/harborer, while such aggressive or combative animal as that language is set forth in 2-301. Aggression or combativeness implies an actual threatening act as judged by a reasonable person, including but not limited to physical harm or emotional harm, when a human being is in reasonable apprehension of immediate bodily harm to themselves, their minor child, or their pet. It is not necessary that said person or animal be attacked, bitten, or scratched by the aggressive animal at large.

(b)   Any person found guilty of subsection (a) above shall be fined a minimum of $100.00 and a maximum of $500.00 for the first offense within a twelve (12) month period; a minimum of $250.00 and a maximum of $1,000.00 for a second or subsequent offense within a twelve (12) month period, or by imprisonment, for not more than 10 days, or by both such fine and imprisonment. The Municipal Judge shall have no authority to suspend payment of the minimum fine associated with this offense, but shall have the authority to suspend the term of imprisonment. The fine shall be in addition to any applicable court costs or impoundment fees. The impoundment facility shall not release an animal to an owner until the owner has paid the assessed fine in full and complied with all other terms of the adjudication.

(c)   Following a conviction for a violation of this section involving a physical injury to either a domestic animal or a human being, the animal control officer must follow the provisions of 2-304 of this Code regarding determination of the animal’s status as vicious. Prior to the animal being released to the owner the municipal court judge must rule on the status of the animal as vicious.

(d)   Victims of an aggressive animal at large may submit veterinarian bills, medical bills, or any other bills detailing damages associated with the animal attack for possible court ordered restitution by the Colwich Municipal Court. Damages exceeding $500.00 shall not be ordered as restitution. Restitution shall not be ordered for emotional harms.

It shall be a separate offense for any person to receive two (2) or more citations for violation of Section 2-103 within a thirty-six (36) month consecutive period. Such person shall be cited as a habitual violator. Violation of this section may be found when a single individual has been adjudicated guilty of a violation of section 2-104(a) regardless of the number of animals involved in such violations. Any person found guilty of a violation of this Section shall be fined a minimum of $500.00 and a maximum of $1,000.00 for each habitual violator citation. The Municipal Judge shall have no authority to suspend the minimum fine or any portion thereof. A person cited for violation of this Section shall be required to appear in municipal court. In addition thereto, the Municipal Judge shall have the authority to sentence the individual to up to six (6) months in jail. It shall be a defense to an alleged violation of this Section for the defendant to have been adjudged not guilty of a charge of harboring an animal which behaved aggressively while running at large, or that the charge was dismissed without a finding of, or admission of, guilt.

(a)   It shall be unlawful for any person to permit an animal, with or without the actual knowledge of such person or such animal’s owner, to destroy or damage or injure any property in which another person has an interest without such person’s authorization. Any animal permitted to engage in the activities prohibited by this section may be impounded as provided by this Code and the owner or harborer of such animal shall be subject to prosecution for violating this section, and make restitution for all financial harms not exceeding $500.00.

(b)   Any animal, running at large and found causing destruction, damage or injury to property or found trespassing and creating a nuisance upon such property, may be humanely restrained by the owner or occupant of such property or by such owner’s or occupant’s agent, for a reasonable time, during which time such owner, occupant or agent shall (1) notify animal control of his or her possession of the animal and request the impoundment of the animal; or (2) notify the owner or keeper of his or her possession of the animal and release the animal to the owner or keeper, or (3) release the animal. Impoundment of the animal by the animal control officer will be at the discretion of the officer.

(a)   The keeping, pasturing, housing, corralling, or maintaining within the city limits of any swine or other livestock is hereby declared to be a nuisance and is prohibited. Persons or entities keeping, pasturing, housing, corralling, or maintaining within the city limits any swine or other livestock on the effective date of this section may continue to do so provided that:

(1)   The property is maintained in a manner that complies with the provisions of the Health and Welfare sections of this code; and

(2)   The number of animals does not increase and the type of animal being kept does not change; and

(3)   When the keeping, pasturing, housing, corralling or maintaining of swine or livestock discontinues for a period of ninety (90) consecutive days or more, or the property upon which such keeping, pasturing, housing, corralling, or maintaining occurred is sold, the use of the property must thereafter comply with the provisions of this section.

(b)   The harboring, keeping, or maintaining within the city, except by a circus or sideshow duly licensed to conduct business within the city, of any nonhuman primate, poison reptile, jaguar, leopard, lynx, tiger, lion, ocelot, bobcat, cheetah, mountain lion, wildcat, panther, coyote, wolf, skunk or bear, (whether or not domesticated) is hereby declared to be a nuisance and is prohibited.

(c)   The keeping, harboring or maintaining within the city of any animal, which by any sound or cry, causing of offensive odors, or the dangerous nature thereof shall disturb the peace, safety or comfort of any neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property, is hereby declared to be a nuisance and is prohibited.

(d)   Any animal deemed a nuisance pursuant to this section shall be immediately impounded in a manner appropriate to such animal species. Such animal shall remain impounded in conformance with the standards set forth in the vicious animal section of this code.

(a)   Prohibited: It shall be unlawful for a person to keep, possess or harbor any animal within the City which presents a clear and present danger to the public health and safety. Any such animal shall be immediately impounded by an animal control or law enforcement officer.

(b)   Impoundment: When the animal control officer has probable cause to believe that an animal poses a danger to the community, the animal control officer shall impound such animal and cite the owner for maintaining a dangerous animal.

(c)   Immediate Destruction: Nothing in this article shall prevent or be construed to prevent animal control or any law enforcement officer from taking whatever action is reasonably necessary, including, but not limited to, immediate destruction of any vicious animal without notice to the owner to protect themselves or any other person from injury or danger.

(d)   Release from Impoundment: If a complaint charging a violation of this section has been filed in the municipal court against the owner of an impounded animal, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay fees arising from or related to the animal’s impoundment or care, such fees to be in addition to any penalties or fines assessed for violation of this article. The judge may also, after notice and hearing, and upon making a finding that such 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 or at the direction of 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, or from liability for the payment of any fees, fines or penalties assessed pursuant to this section.

(e)   Notwithstanding any other provision of this Chapter to the contrary and irrespective of whether the animal has been declared vicious pursuant to this Code, the Municipal Judge may order any animal destroyed if the Judge determines that the animal is an immediate threat to public health and safety or that confinement and registration of the animal by the owner or keeper of the animal as provided in this Chapter will not adequately protect the public health and safety.

(f)   The Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Section to serve up to a maximum of six (6) months in jail and to pay a fine not to exceed $1,000.00.

Horses are hereby prohibited on public sidewalks or in public parks except:

(a)   In parking areas;

(b)   In areas designated by special permits issued by the city; or

(c)   In parades sponsored by or authorized by the City of Colwich.

It is hereby declared to be a nuisance and shall be unlawful for any person to maintain on any premises owned, occupied, or controlled by such person in the city, any place where animals routinely are maintained in a foul, offensive noxious, or filthy condition. This section specifically includes yards where animals are permitted to exercise and relieve themselves.

Any female animal in the state of estrus, commonly known as “heat,” shall be confined during such state in a house, building or secure enclosure so construed that no other animal or animals may gain voluntary access to such animal except for purposes of planned breeding. Any animal in the state of estrus and not confined as required by this section, or any such animal that creates a neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter and all expenses incurred by the city as a result of such removal shall be paid by the owner. Owners of such animal(s) removed to the animal shelter shall be charged at the rate as may be established from time to time by the animal shelter. Failure to comply with an order of the animal control officer with the respect to the confinement of animals in the state of estrus shall be a violation of this article and the animal shall be impounded pursuant to this chapter.

This Section of this Article is supplemental to those Sections of the Uniform Public Offense Code regarding Harm to Service Animals, Cruelty to Animals, and Cockfighting.

It shall be unlawful for any person to:

(a)   Commit or cause to be committed any intentional act of cruelty, abandonment, harassment, or torture to any animal or to intentionally cause any animal to be wounded, mutilated, strangled or inhumanely killed. Ownership of an animal shall not be a defense to such acts or to a violation of this section.

(b)   Neglect or refuse to supply an animal with necessary and adequate care, food, drink, air, light, space, shelter, and protection from the elements as may be necessary for health and well-being of such animal.

(1)   Food provided to animals shall be wholesome, free from contamination and of sufficient quantity and nutritive value to maintain the good health of animals.

(2)   Fresh Water. Adequate fresh water shall be available to animals at all times.

(3)   Outdoor Shelter. Shelter affording protection from the elements and designed to prevent discomfort shall be provided for all animals kept outdoors.

(c)   Without proper prior legal authorization, intentionally poison any domesticated animal or distribute or set out poison in any manner with the intent to poison such animal.

(d)   Cause, instigate or encourage any animal to fight with another or to maintain any place where animals are permitted to fight for exhibition, for wager, or for sport.

(e)   Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and interior temperature to prevent the suffering, disability, or death of such animal.

(f)   These provisions shall not apply to the exceptions sanctioned under section 2-113.

(g)   In addition to any other penalties imposed, the municipal court judge may order a person convicted of violation under this section to turn the animal involved over to the Animal Control Officer or a designated humane society. All such animals taken by the designated agency may be placed with another person or destroyed humanely as soon thereafter as is conveniently possible at the discretion of the humane society.

The provisions of section 2-112 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 research facilities recognized by State Certifying Agencies;

(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 (3) 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.

Any operator of a motor vehicle which strikes any animal shall immediately stop and report such event to the owner of such animal, or in the event that the owner cannot be ascertained and located, to the animal control officer or any law enforcement officer. The report required by this section shall include any information concerning the condition, injury or death of any animal involved. This Section specifically exempts vehicular accidents involving reptiles, fish, bees, raccoons, opossums, rabbits or birds regardless of whether such have been tamed, domesticated or captured.

All dead animals shall be disposed of by the owner or harborer within twenty-four (24) hours of such 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 or left on any public or private property.

(a)   The owner or occupant of any property within the city upon which any animal is running at large or creating a nuisance may request the placement, by any animal control or law enforcement officer, of a humane trap or traps on such property for the purpose of capturing such animal. Thereafter, any animal control or law enforcement officer may place such traps if, at and within their discretion, they deem trapping to be necessary for the general health, welfare and safety of any person or persons.

(b)   Animal control or law enforcement officers are authorized and empowered to use any tranquilizer gun, firearm, humane trap, or other suitable device to subdue, capture or destroy any animal that, at and within their discretion, they determine constitutes a danger to itself or to the general health, welfare and safety of any person or persons.

(c)   It shall be unlawful for any person or entity to set or cause to be set within the city any steel-jaw leg hold trap, snare, or any trap other than a humane trap for the purpose of capturing any wild or domesticated animal.

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 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.

When deemed necessary by any law enforcement officer or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their designees may:

(a)   Place a humane trap on public property or a requesting resident’s private 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 a nuisance as defined by this Code.

(c)   Lawfully destroy any rabid animal, any vicious animal as defined by this Code, any animal posing a danger to the public health and safety, or any animal where such animal is impossible or impractical to catch, capture or tranquilize.

(a)   Except as provided in subsection (b), 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. All costs of impoundment are to be paid by the individual seeking the release of such animal prior to such animal being released. Such impoundment costs shall be in addition to any costs associated with citations issued to the owner, harborer, or keeper of such animal.

(b)   As an alternative to the provisions of subsection (a) of this section, if the individual who owns such animal is present at the time such animal is discovered to be running at large, a law enforcement or animal control officer may issue a citation to such person for any violation of this chapter and release the animal into the custody of such owner.

(c)   No animal may be destroyed during the first seventy-two (72) consecutive hours excluding weekends and official city holidays of such impoundment unless a licensed veterinarian determines that the destruction is necessary by virtue of serious injury, illness, disease or suffering. The owner of any impounded animal may be charged impound and food fees established by this code together with any other costs associated with impound including, but not limited to, costs to the city for veterinary care, and all such fees and costs shall be paid to the city before an animal is released to the owner from impound.

(d)   The animal control officer or animal shelter shall take reasonable steps to identify the owner of any animal impounded pursuant to this article and shall notify such owner as soon as may be practical after impoundment.

(e)   No animal impounded pursuant to the provisions of this article shall be released until its owner has paid all fees and charges due and arising from such impoundment, including, but not limited to, impoundment, boarding and veterinary costs and fees.

(f)   Any animal remaining impounded after seventy-two (72) consecutive hours excluding weekends and official city holidays of impoundment and which the owner thereof has failed to claim and make release arrangements, including the payment of all costs and fees provided for by this article, may be disposed of as determined by the animal shelter at and within its discretion. Any such disposal shall be accomplished in compliance with all applicable laws. Animals may be released to an animal shelter for adoption. Disposal by euthanasia shall be accomplished in a humane manner. Any owner who fails to claim an impounded animal after it has been confined for seventy-two (72) consecutive hours excluding weekends and official city holidays shall not, by virtue of such failure, be released from liability for the payment of all fees and costs provided for by this article including, but not limited to, costs and fees arising from the disposal by euthanasia of such animal.

(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.