CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. GENERAL PROVISIONS

ARTICLE 1. GENERAL PROVISIONS

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 any vertebrate or invertebrate animals such as, but not limited to, dogs, cats, bovine cattle, horses and other equines, buffalos, bison, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated, except man.

(c)      Animal Shelter means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.

(d)     At-large means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be “At-large.”

(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 an animal which is wholly or in part of the species felis domesticus.

(g)      Dangerous Animal or Vicious Animal means any animal deemed to be dangerous or vicious pursuant to section 2-301 of this chapter.

(h)     Dog means any animal which is wholly or in part of the species canis familiaris.

(i)      Domestic Animal means a dog, cat, cow, swine, sheep, goat, domesticated deer, llama, poultry, domesticated rabbit, horse, pony, mule, jenny, donkey or hinny.

(j)      Euthanize, Destruction or Destroy means the humane destruction of an animal, which may be accomplished by any of those methods provided for in K.S.A. § 47-1718 and amendments thereto.

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

(l)      Harbor means to allow a dog to habitually remain on, or to be lodged or fed on a premises over which a person has control. Harboring shall include but not be limited to dogs actually owned by the person having control of the premises.

(m)    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.

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

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

(p)     Neutered means the process by which a male cat or dog has been permanently rendered sterile.

(q)     Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

(r)      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 (q) above.

(s)      Person means any individual, association, partnership, corporation or other entity.

(t)      Secure Enclosure means a fence of not less than four feet in height which is so constructed and maintained to insure that a dog cannot pass through or under it.

(u)     Spayed means the process by which a female cat or dog has been permanently rendered sterile.

(v)     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 or other disease.

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

(Ord. 496; Code 2001)

Any commissioned law enforcement officer and any person employed by the city as an animal-control officer and commissioned by the chief of police of the city shall have such powers and authority as allowed by law in the enforcement of this chapter. All animal control officers shall be subject to the supervision and direction of the chief of police of the city.

(Code 2001)

Except as provided in 2-104, it shall be the duty of each commissioned law enforcement officer and any animal control officer to take up and impound all animals found in the city in violation of the provisions of this chapter.

(Code 2001)

As an alternative to the provisions of 2-103, any law enforcement officer or animal control officer may issue a citation to the owner, harborer or keeper of an animal in violation of this chapter, and the person receiving the citation shall, at the next scheduled municipal court date, appear in the municipal court for the city to answer the charged violation of this chapter.

(Code 2001)

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

(a)      Place a humane trap on public or a requesting resident’s 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 of a danger to itself or to the public health and safety.

(c)      Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in section 2-301 et seq., or any animal creating a nuisance as defined in section 2-112, where such animal is impossible or impractical to catch, capture or tranquilize.

(Code 2012)

Any law enforcement officer or animal control officer or 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. It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties.

(Code 2001)

A municipal pound shall be established to carry out the provisions of this chapter. All services required herein, including the actual establishment of the pound, 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 cats 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.

(Code 2001)

(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.

(Code 2001)

It shall be unlawful for any person to:

(a)      Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, poison, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;

(b)     Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;

(c)      Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as provided in section 2-108.

(d)     Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color.  This section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;

(e)      Promote, stage, hold, manage, or in any way conduct 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 animal;

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

(g)      Abandon or leave any animal in any place without making provisions for its proper care;

(h)     These provisions shall not apply to the exceptions sanctioned under section 2-108.

In addition to the penalties provided in section 1-116 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 2001)

The provisions of section 2-107 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;

(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 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.

(Code 2001)

It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.

(Code 2001)

It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute a nuisance. For the purpose of this section, “nuisance” is defined as any animal which:

(a)      Molests or interferes with persons in the public right-of-way;

(b)     Attacks or injures persons, or other domestic animals;

(c)      Damages public or private property other than that of its owner or harborer by its activities or with its excrement;

(d)     Scatters refuse that is bagged or otherwise contained;

(e)      Causes any condition which threatens or endangers the health or well-being of persons or other animals.

If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.

(Code 2001)

No person owning or harboring any animal shall allow such animal to continuously bark, howl, yelp, mew, roar or screech so as to unreasonably disturb the peace of any other person. Violation of this section shall be punishable by a fine of not more than $100 or imprisonment of not more than 30 days, or both such fine and imprisonment.

(Code 2001)

No person owning or harboring any dog or livestock shall permit such animal to defecate on any private property owned by another person or on any public property.

(a)      That in the event any such animal shall defecate on private property which is owned by another person or on public property, the person owning or harboring such animal shall immediately remove said feces and dispose of said feces by burial on property owned by the person who owns or harbors the animal or in a container normally used for disposal of trash or rubbish by the person who owns or harbors the animal.

(b)     The provisions of this section shall not apply to defecation on any public street by any animal while such animal is involved in any parade which is conducted by or under a permit from the City of Goddard, Kansas.

(c)      Violation of this section shall be punishable by a fine of $25.

(Code 2001)

(a)      It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor, and devoid of rodents and vermin.

(b)     Excrement shall be removed at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation.  If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.

(c)      All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d)     All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.

(e)      Barbed wire fences and electrically charged fences shall not be permitted for animal confines except on properties for which an agricultural classification permit is held or where the barbed wire fence or electrically charge fence is protected by an exterior fence.

(f)      All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public health official.  If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner.  Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.

(Code 2001)

(a)      On or after July 7, 2003, animal shelters owned or operated as a stockyard or commercial holding pen shall not be permitted within the city limits of the City of Goddard, Kansas.

(b)     On or after July 7, 2003, it shall be unlawful for any person to keep within the city limits of the City of Goddard, Kansas, any livestock as defined by Section 2-101(o) of the City Code of the City of Goddard, Kansas, including, but not limited to cattle, horses, goats, sheep, chickens, geese, ducks, turkeys, guineas or any other animal commonly regarded as farm or ranch animals, but shall not include fowl kept indoors commonly kept as household pets, including, but not limited to, parakeets, parrots, and other exotic bird species.

(c)      Nothing in subsection (a) above shall be deemed to prohibit the operation of stockyards or commercial holding pens existing within the city limits of the City of Goddard, Kansas prior to July 7, 2003.

(d)     Nothing in subsection (b) above shall be deemed to prohibit any person residing in the City of Goddard, Kansas from keeping on his or her premises any of the animals listed provided said animals were kept on the premises prior to July 7, 2003.

(e)      Animal shelters owned or operated as a stockyard or commercial holding pen within the city limits of the City of Goddard, Kansas, which existed prior to July 7, 2003, shall be adequately maintained and cleaned as often as is necessary, as determined by the health officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:

(1)          Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant, or by proper dispersal on land used for agricultural purposes;

(2)          Grain or protein feeds shall be stored in tightly covered rodent-proof metal containers or rodent-proof bins;

(3)          Premises subject to the terms of this section shall be maintained free of rodent harborage and in accordance with sections 8-701 to 8-708 of this code;

(4)          Wherever reasonable, use shall be made of anti-coagulant rodenticide for the control of rodents and organo-phosphorous insecticides for the control of flies or any other effective chemical means for the control of rodents and flies;

(5)          Wherever reasonable, use shall be made of soil sterilant and herbicides or other effective means for the control of weeds and grass around structures and buildings;

(6)          Enclosures including fences where animals such as horses, cows, sheep and goats are maintained shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent such animals from breaking out, escaping or causing hazards to persons or property;

(7)          Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms of this chapter shall be surfaced with concrete or asphalt materials and that the drainage system of such surfaced areas shall include proper retaining wall and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the health officer. The health office shall waive this standard for domestic animal holding operations where such holding in longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses, sheep or goats;

(8)          Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by person subject to a commercial, industrial or agricultural permit according to the terms of this chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the health officer; provided that all solid waste shall be properly disposed of at least once each calendar week or as approved by the health officer.

(Code 2001; Ord. 583, Sec. 1; Code 2012)

All dead animals shall be disposed of by the owner or keepers within 24 hours of the 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 on any public or private property.

(Code 2001)

(a)      Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in the city pound, securely penned and separated from other animals, or in a veterinary hospital or animal care facility for a period of not more than 30 days during which time the local health officer shall determine whether or not such animal is suffering from a disease and, if not, the local health officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore.  The health officer may authorize the keeping of any such animal on the owner’s premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection.  Impoundment costs shall be borne by the owner.  If in the opinion of the local health officer symptoms develop justifying a microscopic examination, then the animal shall be killed and examination made by the state board of health.

(b)     In lieu of the provisions of subsection (a), the owner of any such animal may, at his or her own expense, take such animal to any duly qualified and licensed veterinarian in the city for observation.  Such veterinarian shall report his or her findings in writing to the local health officer.  If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be turned over to the animal control officer or any law enforcement officer to be killed and examination made by the state board of health.

(c)      Any animal desired for observation by the local health officer under this section shall be delivered to the animal control officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored.  Any person violating this provision shall be guilty of a violation of this code.  Upon refusal of any person to so deliver such animal, the municipal judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.

(Code 2001)

Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer and/or the police department.  It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:

(a)      The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and

(b)     If the bitten animal has a current vaccination, it shall be confined for 90 days; and

(c)      The bitten animal shall be released from confinement only upon written order from the local health officer, who declares the animal to be free of rabies; and

(d)     If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.

(Code 2001)

Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the animal control officer or any law enforcement officer.

(Code 2001)

The Mayor is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation.  Any animal not confined during such time may be disposed of wherever found by any police officer, or the animal control officer of the city.  The owner of such animal shall be prosecuted for such violation thereof.

(Code 2001)