Article 2. Care and Control

2-201.        Running-at-large prohibited; exceptions.

(a)   Generally; exception for cats. Any owner of any animal, other than cats, found running-at-large within the corporate limits of the city shall be deemed guilty of a misdemeanor. Knowledge or intention on the part of the owner shall not be elements of this offense.

(b)   Pet store animals. Animals which are kept on the premises of any pet store shall not be allowed, by the store owner or any employee, to run at large, on the premises of the pet store during business hours.

(c)   Fowl; except for racing pigeons. Any owner of any fowl (except racing pigeons) found at large within the corporate limits of the city shall be deemed guilty of a misdemeanor. Knowledge or intent on the part of the owner shall not be elements of this offense.

(d)   Impoundment procedure. The animal control officer may seize, impound and cause to be destroyed any animal found in violation of this section pursuant to the provisions of the Pet Animal Act, K.S.A. 47-1701 et seq. The animal control officer may cause any such impounded animal to be returned to its rightful owner upon petition thereof and may require the payment of a service charge and a boarding fee for the days spent in confinement at the shelter prior to return of the animal.

2-202.        Prohibited acts.

It is unlawful for any person to:

(a)   Kill any squirrel or songbird within the corporate limits of the city; provided, that it shall be permissible for the animal control officer to kill squirrels, skunks or birds that have become so numerous as to cause destruction or nuisance to property or in the event of disease occurring among such squirrels, skunks or birds that may be considered contagious to human beings;

(b)   Interfere with or molest an animal used by the police department of the city in performance of its lawful functions and duties or interfere with the handler of such animal in such a way that the handler is deprived of or inhibited in his control of such animal;

(c)   Promote, stage, hold, manage, conduct, carry on or attend any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming or destroying themselves or any other animals;

(d)   Keep or harbor any animal which, by loud, frequent or habitual barking, howling, yelping or other noise or action, unreasonably disturbs any person or neighborhood within the corporate limits of the city to effect legal relief; persons so affected directly may sign a complaint in the municipal court;

(e)   Allow any un-spayed female dog in season to be in an area where there is access by an unconfined male dog;

(f)   Allow an unconfined male dog in an area where there is access to any un-spayed female dog in season;

(g)   Keep or harbor a dog over six months of age within the corporate limits of the city without such dog having a current vaccination against rabies performed by a veterinarian. Rabies vaccination is considered current for twelve months following the date of vaccination, provided that vaccination may not be required if the owner of such dog shall exhibit to the license collector a statement from a veterinarian certifying that such vaccination would be injurious to such dog due to its health;

(h)   Keep hives or colonies of bees, provided that bees may be kept on any property during the months from November through May, and provided further, that bees may be kept at any time on properties for which a current agricultural classification permit is held and such permit has been issued for the purpose of keeping bees;

(i)    Keep or maintain, sell or offer for sale, barter or give away exotic animals; provided, this section shall not apply to: tropical or other fishes; birds, except those prohibited by federal or state law; small rodents such as gerbils, rats, mice, hamsters, guinea pigs, chinchillas, mink, nutria and similar fur-bearing mammals; nonpoisonous amphibians and reptiles, not including pythons, anacondas, boa constrictors, monitor lizards, iguanas, alligators, caiman, crocodiles and turtles; provided further that this section does not apply to educational or zoological institutions;

(j)    Keep or maintain livestock in a number that exceeds more than one animal per every half acre of property occupied by livestock.

2-203.        Number of dogs and cats per household limited.

It shall be unlawful for any person to have more than three dogs or three cats, or a combination of dogs and cats that total more than five, over the age of six months at any one premises or location.

2-204.        Dogs and exotic animals prohibited at certain special events; exceptions.

(a)   It is unlawful for any person to have a dog or any exotic animal at any festival event authorized under a permit issued pursuant to this Code and occurring within the city unless such animal is specially trained as a seeing eye dog trained to assist the physically handicapped and actually in the control of the handicapped person by whom the dog is required.

(b)   For purposes of this section, the term “festival event” means all events and activities included within the city fall festival permit, and any other events held on city property wherein the city authorizes such activity; provided, however, that such prohibition shall not apply to events where dogs are required to be present as part of the event, such as a dog show.

2-205.        Costs of medical care for injured animal to be borne by animal owner.

The owner of an injured animal taken to a veterinarian by the animal control officer or his designated agent is responsible for the payment of charges for veterinarian service related thereto. The owner shall reimburse the animal control officer for all expenditures the animal control officer may pay for veterinary services rendered to the owner’s animal under this section.

2-206.        Maintenance of animal enclosures; location restrictions.

No animal pen, rabbit hutch, pigeon loft or similar enclosure housing animals or fowl shall be located less than ten feet from any property line. Animal pens shall be kept in a sanitary condition that will not produce offensive odors or breed or harbor rodents or insects. All accumulations of manure, straw and litter shall be removed from the pens as necessary and placed in storage approved by the animal control officer for this purpose.