CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. KEEPING OF ANIMALS

It shall be unlawful for any person, persons, firm or corporation to keep any horse, cow, goat, mule, sheep, swine, (including but not limited to pot-bellied pigs) chicken, ducks, geese or any other animal or fowl of a like nature within the City Limits in any structure, building, pen, corral or other enclosure, or tied or picketed within the City Limits at any point or place, except as excluded from prohibition in this article. Further, any species that is protected by State or Federal Law shall be prohibited from ownership in the City limits.

(Ord. 1304)

(a)   Animals excluded from prohibition as listed below are limited as listed for each species and limited to a total of six (6) animals in any combination thereof per household:

(1)   Domestic dogs, except those hybridized with wild canines - No more than 3

(2)   Domestic cats, except those hybridized with wild felines - No more than 3

(3)   Domesticated rodents - No more than 3

(4)   Domesticated European ferrets - No more than 2

(5)   Rabbits - No more than 2

(6)   Birds, except for species protected by State or Federal Law and those species prohibited elsewhere in this City Code - No more than 6

(7)   Non-venomous snakes less than six (6) feet in length, except that such snakes shall be required to be maintained on the owner’s premises or property - No more than 2

(8)   Non-venomous lizards - No more than 2

(9)   Turtles, except for species protected by State or Federal Law - No more than 2

(10) Non-venomous Amphibians - No Limit

(11) Fish - No limit

(12) Non-venomous Invertebrates - No Limit

(13) Domesticated Hedgehogs - No more than 2

(b)   This section does not apply to the following situations:

(1)   Any animal in the ownership of a veterinary clinic operated by a licensed veterinarian.

(2)   Any animal in the ownership of a person designated and licensed as an animal rehabilitator or falconer by the Kansas Wildlife and Parks Department.

(3)   Any animal in the ownership of a person temporarily transporting such animal through the City of Wakefield.

(4)   Any animal in the ownership of a bona fide medical institution or accredited educational institution.

(5)   Any animal OR FOWL exhibited for sale, show or other temporary purpose that has prior approval by the City of Wakefield.

(6)   Any animal temporarily owned by a facility licensed by the Kansas Animal Health Department for the purposes of impounding, sheltering or caring for animals.

(7)   Any litter, under the age of three (3) months, of canine puppies or feline kittens, however in no event shall there be more than one (1) such litter of puppies or kittens at any given time.

(c)   The Municipal Court Judge may order the confiscation of a prohibited animal if the animal poses an immediate damage to the public or itself.  Upon the conviction of a person for owning an animal as prohibited by this Chapter, the Municipal Court Judge shall order the animal confiscated and transferred to an appropriate licensed animal rehabilitation or care facility. The Municipal Court Judge may order the release of the animal to the owner provided that the animal will not be kept within the City Limits.

(Ord. 1304)

(a)   It shall be unlawful for any person to keep, possess or harbor a vicious animal within the City Limits. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the animal control officer or law enforcement. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer or his or her agent to impound such animal.

(b)   Definitions: A dangerous or vicious animal shall include:

(1)   Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

(2)   Any animal which in a vicious or threatening manner, approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property other than that of the owner; or

(3)   Any animal which attacks a human being or domestic animal without provocation;

(4)   Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting;

(5)   Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty. Notwithstanding the definition of a dangerous or vicious animal above, no animal may be declared dangerous and prohibited if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animal may be declared dangerous and prohibited if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the animal. No animal may be declared dangerous and prohibited if the animal was protecting or defending a human being within the immediate vicinity of the animals from an unjustified attack or assault. Nothing in this Article shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.

(c)   Complaint.

Whenever a sworn complaint is filed in the Municipal Court against the owner of an animal alleging that such animal is dangerous or vicious and in violation of this section, the Municipal Judge shall hold a hearing to determine whether or not the animal is dangerous or vicious within the meaning of this section and thereby in violation of this section.  The hearing shall be held promptly within no less than five (5) nor more than thirty (30) days after service of notice upon the owner or keeper of the animal.  If the owner or keeper of the animal contests the determination, he or she may appeal within ten (10) days to the District Court pursuant to law.  In making a determination, the Municipal Judge shall consider the following:

(1)   The facts and circumstances surrounding the incident;

(2)   Any prior occurrence of incident with the same animal;

(3)   The likelihood of future incidents with the same animal;

(4)   Any other information the Court deems relevant.

(d)   Responsibility of Owner for Expenses Incurred.

The City shall, under no circumstances assume the responsibility, for any expenses incurred in treatment of any wound inflicted by a vicious animal or for the necessity of the use of alternate facilities for impoundment. Upon a Court finding of responsibility of an owner for a vicious animal, said owner may be found liable for said medical treatment Under Court Order only, shall the City of Wakefield pay for any expenses incurred in seizure or housing of a vicious animal or for medical treatment of any wound inflicted by a vicious animal.

(e)   Immediate Destruction.

Nothing in this chapter shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonable necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.

(f)   Release of Animal.

If a complaint has been filed in the Municipal Court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the Municipal Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter.  The Municipal Judge may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter or a licensed veterinarian. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the Court, nor to the fees and fines which may result from a violation of this section.

(g)   Penalties.

Upon a finding that any animal is dangerous or vicious, the Municipal Judge may order the dog to be humanely put down, following any period of appeal. In lieu of putting the animal down, the Judge may order the animal be removed from the City Limits to a safe environment. The Judge may make any other orders that serve the best interest of the public safety. The 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.

(Ord. 1304)

No person shall own within the city limits any animal, including a dog or cat, which, by creating a noise for prolonged periods of time by day or night, disturbs the peace and quiet of any person or family within the City.

(Ord. 1304)

The owner of any animal shall be in violation of this Article and subject to the penalties prescribed herein if any such animal damages private property not belonging to the owner.

(Ord. 1304)

(a)   Owner Known.

It shall be the duty of the animal control officer or any law enforcement officer to seize and impound, for observation, any dog which has been bitten by an animal known to be infected with rabies, or any dog not having the required vaccinations that has bitten any person or animal.

Upon receipt of notification from a duly licensed practitioner of medicine or registered nurse that an animal bite incident has occurred, the officer shall make reasonable effort to contact the owner of the animal involved in the incident and advise the owner to place the animal immediately with a regularly licensed and practicing veterinarian of the owner’s choice for a confinement period of a minimum of ten (10) days from the time of the occurrence of the bite. The exact period of confinement may be longer than ten (10) days at the discretion of the veterinarian selected and the owner shall be liable for all such costs incurred. In lieu of the owner placing the animal with a licensed veterinarian, after providing proof that the animal has had its current rabies vaccination to the animal control officer, the owner may quarantine the animal at their residence for the period of ten (10) days. During this quarantine period the animal will not be able to have any contact with any non-family members or any other non-family animals. The animal control officer can at any time ask to see the quarantined animal to determine its health. Violation of home quarantine regulations will result in the animal being placed with a licensed veterinarian at the owner’s expense.

(b)   Failure to Comply.

Any owner who shall fail to comply with the provisions of this Section, within twenty-four (24) hours or one (1) business day of notification, shall be deemed in violation of this Article and the officer shall take such animal into custody and commit it for the above described confinement period.

(c)   Owner Unknown.

Biting animals for which an owner cannot be located shall be taken into custody by the animal control officer and confined for observation. If the bite to the victim is on the neck or head, or if the animal is behaving strangely or is ill, the animal shall be held for twenty-four (24) hours before euthanized. If the bite to the victim is not on the neck or head, and if the animal is not behaving strangely or is not ill, the animal shall be held for three days before euthanized. If the owner seeks to claim the animal, the provisions of Subsection (a) shall govern the confinement of the animal. Should such animal become ill, die or is euthanized within the confinement period, the bite victim or victim’s representative shall be notified and the City shall direct further management of the animal or animal remains. If the animal is alive and well at the end of the confinement period, the bite victim or victim’s representative shall be notified.

(d)   State Law.

Kansas Administrative Regulations (K.A.R.) 28-1-13, and amendments thereto, shall be followed concerning the isolation of biting animals for observation, examination and quarantine, unless the provisions of this Chapter require more stringent procedures.

(Ord. 1304)

(a)   Cruel Acts and Conditions Enumerated.

       It shall be unlawful for any person:

(1)   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

(2)   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

(3)   to fail, refuse or neglect to provide any animal in his or her charge or custody as owner or otherwise with proper food, drink, shade, care, or shelter. Any animal kept outside shall be provided with a structurally sound weatherproof enclosure, large enough to accommodate the animal; or

(4)   To drive or work any animal cruelly; or

(5)   To abandon any animal within the City limits. For the purposes of this Section, “abandon” means for the owner or keeper to leave an animal without demonstrated or apparent intent to recover or resume custody; to leave an animal for more than 12 hours without providing adequate food and shelter for the duration of the absence; or to turn out or release an animal for the purpose of causing it to be impounded; or

(6)   To leave any animal confined in a vehicle in extreme weather conditions; or

(7)   To transport an animal in the trunk of a vehicle; or

(8)   To cause, instigate, stage, or train any animal to fight or permit any fight between any animal and another animal or human; or

(9)   Except a licensed veterinarian, to crop animal ears or dock animal tails; or

(10) 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.

(b)   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 such 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.

(c)   Exceptions. Nothing in subsection (a) 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.

(2)   Be interpreted as prohibiting any act done in self-defense or done to defend another person.

(Ord. 1304)

Any public health officer, law enforcement officer, licensed veterinarian or officer may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined by 2-207; 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 a licensed veterinarian for treatment, if such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane destruction.

(a)   The owner or keeper of an animal destroyed pursuant to this section shall not be entitled to recover damages for the destruction of such animal unless the owner proves that such destruction was unreasonable and unwarranted.

(b)   Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to this section pending prosecution of the owner or keeper of such animal for the crime of cruelty to animals as defined in Section 2-207 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.

(c)   If a person is adjudicated guilty of the crime of cruelty to animals as defined in Section 2-207 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 licensed veterinarian for sale, or a licensed rescue organization for adoption or other disposition.

(d)   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 twenty (20) days after the animal is taken into custody to obtain the animal from the veterinarian having custody of the animal. The veterinarian 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 by adoption or destruction.

(Ord. 1304)

It is unlawful to attach chains or other tethers, restraints or implements directly to a dog 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: Use a chain, leash, rope, collaring device, tether, or any assembly or attachments thereto to picket a dog that shall inhibit the free movement of the animal within the area picketed; or Picket a dog in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other man made or natural obstacles.

(Ord. 1304)

It shall be unlawful to own any animal, including a dog or cat, in a residentially-zoned district, that shall by the nature of their maintenance or by the numbers of the same shall create an offensive odor so as to be objectionable to surrounding residences. All dogs and cats, in heat, shall be confined in a secure and sufficiently enclosed area. It shall be unlawful for any person to indecently exhibit or cause or allow to be exhibited indecently any “animal” or let or cause or allow to be let any such animal to any animal of the opposite sex on any private property or ground, unless the same shall be in some enclosed place entirely out of public view and out of hearing distance of any residents of the City.

(Ord. 1304)

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

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

(c)   Violation of this Section shall be punished by a fine of not less than $25.00, plus applicable court costs. The Municipal Judge shall have no authority to suspend the fine or any portion thereof.

(Ord. 1304)

(a)   It shall be unlawful for any person to own or keep a dog or cat or other animal which runs at large in the City. Knowledge or acquiescence by the owner or keeper is not an element of the offense. An animal shall not be deemed to be running at large if:

(1)   The animal is firmly attached to a leash or chain under the physical control of its owner or keeper; or

(2)   The animal is within a structure or within a fence enclosure with the permission of the owner or keeper of the structure or fence enclosure; or

(3)   The animal has an operating electronic collar and is under the charge, care or control, of its owner or keeper who is operating an electronic pet containment system or electronic training system for the animal. Notwithstanding this subsection, all animals on the public right-of-way must be kept on a leash or chain under the physical control of its owner or keeper.

(b)   Any animal on property without the permission of the property owner shall be deemed to be an animal at large and the owner of such animal shall be in violation of this Section.

(c)   Any cat that is on the property of its owner or keeper shall not be deemed to be running at large in the City.

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

(e)   Any person found guilty of animal at large as defined herein shall be fined as follows: $50.00 for the first offense;$75.00 for the second offense; and $100.00 for the third offense.

The Municipal Judge shall have no authority to suspend the fine or any portion thereof from any section in this Chapter. The fine shall be in addition to any applicable court costs or impoundment fees. Any impoundment facility shall not release an animal to an owner if the owner has failed to pay a fine or has failed to appear in municipal court for the adjudication of a violation of this Section.

(Ord. 1304)

Any animal may be taken up by the officer or brought in by a member of the public and may be impounded at the City of Wakefield’s pound. The officer shall make a record of all animals so impounded with their description, date of impoundment and rabies vaccination number. If, within seventy-two (72) hours from the date any animal is impounded and the owner of such animal shall appear and claim his or her animal, said animal may be released upon payment of the following fees:

Impoundment fee for a twenty-four (24) hour period or any part thereof is $10.00.

All impounding fees shall be paid to the City and no animal shall be released until the owner proves the animal is currently immunized against rabies.

If no owner comes forth or the owner relinquishes the animal, the animal becomes the property of the City of Wakefield and is available for adoption or rescue. The period of time in which to do this is 5 business days, not including weekends or holidays. If the animal is rescued by a licensed organization, there shall be a donation to that organization which would equal the cost if the animal were to be euthanized.

(Ord. 1304)

It is hereby made the duty of the animal control officer, or anyone having the authority of animal control officer, including but not limited to law enforcement officers, to enforce the terms and provisions of this chapter the animal control officer is authorized to issue citations to the owner of and/or impound any dog found in violation of the terms of this Chapter. The City Council may appoint an animal control officer.

(Ord. 1304)

A kennel license shall be issued annual upon written application to the City Clerk, which application shall state the proposed location of the kennel premises. An annual fee for said license shall be One Hundred ($100.00). No kennel license shall be issued under the provisions of this ordinance unless and until the premises of such kennel are located within the Industrial Zone, as defined by the Zoning Ordinances and Regulations of the City.  Said kennel license shall further be subject to all rules and regulations set by the State of Kansas or any Federal Laws as well as any that the Governing Body may deem advisable to impose and said license may be revoked at any time for violation thereof.

Any person having personal knowledge of the violations of any of the provisions of this article may make a verified complaint of the facts showing a violation of this article before the municipal court judge and upon the filing of such a complaint, the municipal court judge may issue proper legal process to enforce the penalties provided herein.

(Ord. 1304)