(a) It is unlawful for any person to willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; strike by throwing an object; kick; mutilate; burn or scald with any substance; throw; or otherwise cruelly set upon any animal; except that reasonable force may be employed to drive off vicious or trespassing animals.
(c) It is unlawful for any person to fail, refuse or neglect to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink, shade, care or shelter, or to carry any animal in or upon any vehicle in a cruel or inhumane manner. Any animal kept outside shall be provided with a structurally sound, weatherproof enclosure, large enough to accommodate the animal.
(e) It is unlawful for any person 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 a harmful or poisonous substance. It is not the intent of this section to prohibit the use of poisonous substances for the control of vermin of significance to the public health.
(f) Every operator of a motor vehicle or other self-propelled vehicle upon the streets and ways of the city, except emergency vehicles, shall immediately, upon injuring, striking, maiming or running down any animal, notify the police department of the location, and the police department will notify such agency as may be providing injury services.
(g) It is unlawful for any person to have, keep or harbor any animal which is infected with any dangerous or incurable or painfully crippling condition except as hereinafter provided. A municipal court judge may order a person convicted under this section to turn the animal involved over to the animal control officer. All such animals taken by the animal control officer may be destroyed humanely as soon thereafter as is conveniently possible. This section shall not be construed to include veterinary hospitals or animals under active veterinary care.
(h) This section shall not be deemed applicable to accepted veterinary practices or activities carried on for scientific research. Any person who witnesses a violation of this section may sign a complaint in the municipal court.
(Code 1974, § 4.01.030; Ord. 722, § 3, 1995; Code 2018, 6-53)
(a) The animal control officer or the representative of a duly incorporated humane society may, if a complaint has been signed against an individual pursuant to any provision of this division, before or after the individual has been convicted of violation of such section, sign an affidavit petitioning the municipal court judge to immediately take custody and control of such animal if it appears to the animal control officer or the representative of the duly incorporated humane society that it would be in the best interest of such animal to have the municipal court seize such animal.
(b) The municipal court judge, upon receiving such affidavit and petition, shall set the matter involving the custody or control of an animal for hearing within 20 days from the date that the petition and affidavit are filed. If it appears from the affidavit that the life of the animal is in immediate jeopardy, then the court may set the hearing as soon as practical. The owner or person having control or custody of such animal shall be provided notice of the hearing by serving such person with a summons to appear; such summons shall be served in the manner as is required for serving “notice to appear.”
(c) The municipal court judge, after a hearing has been held, may order that an animal be seized and placed in the custody of a duly incorporated humane society if the following findings are made:
(1) The person summoned to appear is the owner or person having possession or custody of the animal in question;
(2) That there is probable cause to believe that a violation of any provision of this division has occurred or is occurring and based upon that violation it appears that it would be in the best interest of the animal to remove that animal from the possession and custody of the owner of the animal or the person having possession or custody of the animal.
(d) If an order is issued by the municipal court judge ordering that such animal shall be seized and brought into custody, then the animal control officer or a representative of a duly incorporated humane society shall take such animal into custody and shall inspect such animal, care for or treat such animal or place such animal under the care of a licensed veterinarian for treatment, boarding or other care. If it appears, as determined by the animal control officer, an officer of a humane society, or by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose, then such animal may be destroyed humanely as soon thereafter as is conveniently possible in accordance with K.S.A. 47-1701 et seq. The city shall not be responsible for any costs that are incurred by any incorporated humane society as to the care of an animal placed in the custody of a humane society or as to treatment of an animal under the custody of a humane society received from a licensed veterinarian.
(e) If the owner or person having control or custody of such an animal is convicted of violating any provision of this division and if the municipal court judge finds that such animal would in the future be subjected to treatment which violates any provision of this division, such animal shall not be returned to or remain with such person. Such animal may be turned over to the animal control officer, humane society or licensed veterinarian for sale or other disposition.
(f) If the owner or person having control or custody of such animal is adjudicated not guilty or if the municipal court judge, after an adjudication of guilty is made, finds that such animal should be returned, such person may redeem such animal within 72 hours. If such animal is not redeemed within 72 hours, then such animal may be disposed of in accordance with the state Pet Animal Act, K.S.A. 47-1701 et seq.
(g) An order issued by the municipal court judge under this section may be appealed to the district court pursuant to state law.
(Code 1974, § 4.01.040; Ord. 722, § 4, 1995; Code 2018, 6-54)