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, horse and other equines, hogs, goats, dogs, cats, 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.
(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 of 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, including streets, alleys, and sidewalks, 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 any member of the species Felis catus, regardless of sex.
(g) Dangerous Animal means any animal deemed to be dangerous per Section 2-115.
(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 Aves, which shall include, but not be limited to chickens, ducks, geese, turkeys, guineas, and pigeons.
(j) Harbor means to allow any animal to habitually remain or lodge or be fed within one’s home, store, yard, enclosure, place of business or any other premises where one resides, or over which one has control.
(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 competent person so that an animal is unable to run or get loose at will.
(n) Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, more than five dogs.
(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 any male cat or dog that 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 such minor is a member shall be deemed to own such animal for the purpose 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) Spayed means any female cat or dog that has been permanently rendered sterile.
(t) Vaccination (Rabies) 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.
(u) Veterinarian means a Doctor of Veterinary Medicine licensed by the State of Kansas.
(Code 2014)
(a) There is hereby created the position of animal control officer for the city and such officer shall be charged with the enforcement of this chapter. 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.
(b) Except as provided in subsection (c), it shall be the duty of the animal control officer to keep and impound all animals found in the city in violation of the provisions of this chapter.
(c) As an alternative to the provisions of subsection (b) of this section, any law enforcement officer or the 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 court session, appear in the municipal court of the city to answer the charged violation of this chapter.
(Code 2014)
When deemed necessary by law enforcement officers or the 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 dangerous animal as defined in section 2-115, or any animal creating a nuisance as defined in section 2-111, where such animal is impossible or impractical to catch.
(Code 2014)
(a) 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.
(b) It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties.
(Code 2014)
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 dogs impounded for violation of the provisions of this chapter.
(c) Individual isolation facilities for sick, biting, rabid and suspected rabid dogs.
(d) Arrange for the humane destruction of animals by a veterinarian.
(Code 2014; Code 2024)
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 the 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 impound any animal.
(Code 2014)
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 dangerous 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, gift, 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) Abandon or leave any animal in any place without making provisions for its proper care.
(g) 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 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 2014)
The provision 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) 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 Statues Annotated;
(c) Rodeo practices accepted by the rodeo cowboys’ association;
(d) 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.
(e) 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 other official duty.
(f) The human killing of an unclaimed animal after five 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 2014)
It shall be unlawful for the owner, lessee, occupant, or person in charge of any premises in the city to possess and maintain any animal or fowl within the city or permit to be maintained thereon any stable, shed, pen or other place where horse, mules, cattle, sheep, goats, or swine, or undomesticated animals are kept. This provision shall not apply to:
(a) The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city.
(b) The maintaining of dogs which are regulated by Article 2 of this chapter.
(c) The maintaining of non-poisonous and non-vicious animals and fowl which are commonly kept as household pets, such as cats, hamsters, rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with Section 2-113 of this chapter.
(d) The transporting of animals through the city by ordinary and customary means.
(e) The maintenance of any animal of the horse family, the bovine family, or any of the cloven hoof family in any area of one acre or more, provided that said area has facilities for the humane care of such animal, and provided that such facilities include adequate fence, shelter, food and water; in addition, this exception is limited to the keeping of no more than two such animals, of any combination of the permitted animals families, per acre, and said animals must be maintained in a sanitary fashion.
(f) The maintaining of chickens, ducks, geese, turkey, guineas, or any other domestic fowl if said fowl are enclosed in a proper and sanitary manner to avoid their escape.
(Code 2014)
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 designed to trap and hold animals without injuring the animals.
(Code 2014)
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 2014)
The keeping or harboring of any animal which by loud, frequent, and habitual barking, howling, yelping, crowing, mewing, roaring, or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animals or animals to abate the condition, and if he or she fails to do so, the city may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner.
(Code 2014)
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.
(Code 2014)
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 2014)
(a) Prohibition. It shall be unlawful for any person to keep, possess or harbor a dangerous animal within the city. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the animal control officer. 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 agent to impound such animal.
(b) Definition. For the purposes of this chapter, a dangerous 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;
(2) Any animal which attacks a human being or domestic animal without provocation;
(3) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;
(4) 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.
(c) Complaint. Whenever a sworn complaint is filed in the municipal court against the owner of an animal alleging that such animal is dangerous and in violation of this section, the municipal judge shall hold a hearing to determine whether or not the animal is dangerous within the meaning of this section and thereby in violation of this section. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination, the municipal judge shall consider the following:
(1) The seriousness of the attack or bite.
(2) Past history of attacks or bites.
(3) Likelihood of attacks or bites in the future.
(4) The condition and circumstances under which the animal is kept or confined.
(5) Other factors which may reasonably relate to the determination of whether or not the animal is dangerous.
The municipal judge shall order the impoundment, the muzzling in accordance with subsection (d) and/or the confinement of the animal accused of being in violation of this section in a manner and location that will ensure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling, or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the municipal judge may order the animal immediately destroyed.
(d) Release. 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 violations of this chapter. The municipal judge may, upon making a finding that an animal is dangerous 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. 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.
(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 reasonably necessary to protect himself or members of the public from injury or danger, including immediate destruction of any dangerous animal without notice to the owner.
(Code 2014; Code 2024)
It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in Section 2-117 or 2-207 (dogs).
(Code 2014)
(a) The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the city or constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible.
(b) The city shall be entitled to receive from such owner an impoundment fee of $25 plus $10 per day for feeding and maintaining the animal while impounded.
(c) In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal control officer or police officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within five business days from the date of the notice, that the animal will be disposed of as provided in this code.
(Code 2014; Code 2024)
At any time before the sale or destruction of any animal impounded under the provisions of this article, except for animals impounded under Sections 2-115 (dangerous) and 2-119 (rabid), the owner thereof may redeem the animal by paying city hall the impounding fee and all costs incurred as a result of such impoundment.
(Code 2014; Code 2024)
(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 euthanized by a veterinarian, 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 euthanized by a veterinarian 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 do 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 2014)
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 the 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 2014)
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 2014)
The mayor is hereby authorized whenever in his 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 of the animal control officer of the city. The owner of such animal shall be prosecuted for such violation hereof.
(Code 2014)
(a) For the purpose of this section the following terms shall have the following meanings:
(1) Picketing. The attaching directly or indirectly to the body of an animal of a tether which is also attached to another object for the purpose of confining the animal or limiting the movement of the animal, but not including the maintenance of an animal on a leash being held or otherwise under the direct physical control of a person.
(2) Tether. Any leash, rope, chain, lead or other similar apparatus or device by which an animal is picketed.
(b) It shall be unlawful to picket any animal in violation of any of the following regulations:
(1) A tether must be at least ten (10) feet in length but shall not be such length as will allow the animal to leave the boundaries on the property on which it is picketed.
(2) Excluding the object to which an animal is picketed, the total weight of the tether and any collar, harness, or other parts or attachments thereto shall not exceed an amount which is one-eighth (1/8) of the weight of the animal being picketed.
(3) A tether must be attached to an animal only be means of a collar, harness, or other similar device which is designed for such purpose, and which is made from a material that prevents injury to the animal. No animal shall be tethered by means of a choke chain.
(4) The area in which an animal is picketed and the manner in which an animal is picketed shall be such that is free from objects which could lead to the entanglement of the tether or to the strangulation of the animal.
(5) The area in which an animal is picketed shall have adequate food and water within reach of the animal and shall have one or more areas within reach of the animal which at any time during the period of picketing will provide shade from the sun and shelter from precipitation.
(Code 2024)
The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal(s) on the public right-of-way, public property, or private property.
(a) It is unlawful for the owner or person in control of an animal to intentionally, knowingly, recklessly, or with criminal negligence allow or permit such animal to defecate on any public property or improved private property other than that of the owner or person in control of the animal. The fact that the animal was at large at the time it defecated on any property shall constitute prima facia evidence that the owner or person in control of the animal allowed or permitted the animal to so act.
(b) It is an exception to the application of this section that:
(1) The owner or person in control of the animal immediately removed and cleaned up such animal's feces from public or private property; or
(2) That the owner or person of an animal has a physical disability or visual impairment, and the animal is a service animal trained by an accredited institution to provide assistance to physically disabled and/or visually impaired persons.
(c) Violation of this section shall be punishable by a fine of $25.00 -1st offense, $50.00 - 2nd offense, and $75.00- 3rd or additional offenses, plus applicable court costs.
(Code 2024)
It shall be unlawful to slaughter a domestic or wild animal within the city limits, unless in an enclosed structure or view is blocked behind a fence. The prohibition shall apply whether the animal was alive at the time of the act within the city, or whether the animal was dead upon being brought into the city. This shall not apply to game birds or fish legally harvested pursuant to the laws of Kansas.
Slaughtering is defined as the act of killing a live animal; or the bleeding of or removal of the internal organs, viscera, or entrails of a dead animal.
A violation of this section is a misdemeanor, and is punishable as such, and upon being found guilty in municipal court, be fined up to $500 for a first offense and up to $1,000 for a second offense. In addition, the cost of cleanup and animal disposition shall be assessed against a violator of this section.
(Code 2024)
It shall be unlawful for any person within the City to intentionally provide food, water, shelter, or other forms of care to a feral cat colony or feral cat. Food may only be placed outside on the cat or dog owners' property for cats or dogs which belong to such person.
(Code 2024)
It shall be unlawful for any person to willfully and maliciously administer or cause to be administered, poison of any sort whatsoever to any dog or cat, the property of another, with the intent to injure or destroy such dog or cat, or willfully and maliciously place any poison or poisoned food where the same is accessible to any such dog or cat.
(Code 2024)
Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by an animal control or law enforcement officer, such is a violation of the section and any animal control officer is hereby authorized, with assistance from the police, to enter such vehicle and rescue such animal and thereafter impound it. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this section and impounded if such owner cannot be determined.
(Code 2024)
It shall be unlawful for any person to suffer or permit any livestock owned or controlled by such person to run at large, or to drive any herd of cattle, horses, mules, hogs, sheep, or goats upon any street in the city.
(Code 2024)
(a) The animal control officer, upon receipt of a report or upon discovery of a stray livestock, with the city may cause impoundment of any and all stray livestock that may be found in and upon any street, alley or upon any unenclosed lot in the city, or otherwise to be found at large, and to have confined such livestock for safe keeping. Upon impounding, the animal control officer shall prepare a report with the following information:
• The name and address of the person who notified the animal control officer of the stray livestock;
• The date, time and location of the stray livestock when found;
• The location of the stray livestock until disposition; and
• A description of the animal including its breed, color, sex, age, size, all markings of any kind, and information obtained from ear tags.
(b) When a stray livestock has been impounded by the city, the animal control officer shall make a diligent search for the owner of the livestock. If the search does not reveal the owner, the animal control officer shall advertise the impoundment of the stray in the official paper and city's Facebook page for fourteen (14) days.
(c) The owner of stray livestock may recover possession of the animal at any time before the animal is sold under the following terms:
(d) The owner has provided the animal control officer with proof of ownership containing at least the following information:
• The name and address of the owner;
• The date the owner discovered the animal was missing;
• The property from which the animal strayed,
• A description of the animal including its breed, color, sex, age, size, all markings of any kind, and information obtained from ear tags.
• The animal control officer has established proof of ownership; and
• The owner has paid all handling fees to those entitled to receive them.
(e) If the ownership of stray livestock is not determined within fourteen (14) days following advertisement required by this section, ownership of the livestock rests with the city and the city shall then cause the livestock to be sold at an auction. If there are not any bidders, ownership is forfeited to the city.
(f) The disposition of the proceeds derived from the sale at public auction will be as follows:
• Pay all handling and boarding fees to those entitled to receive them.
• The net proceeds remaining from the sale of the livestock after the handling fees have been paid shall be delivered to the city.
• If the bids are too low, the city shall have the right to refuse all bids and arrange for other bidding procedures.
(g) During the period of time stray livestock is held, it may not be used by any person for any purpose.
(h) If the stray livestock dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control officer.
(i) Any person violating or permitting the violation of this chapter shall, upon conviction in municipal court be fined a sum not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). In addition, the court may order the animal removed from the city. Should the defendant refuse to remove the animal from the city, the municipal judge shall find the owner in contempt of court and order the immediate confiscation and impoundment of the animal. Each day that a violation continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this chapter shall pay all expenses, including shelter, food, handling, and veterinary care.
(Code 2024)
(a) Any code enforcement officer, public health officer, animal control officer, law enforcement officer, licensed veterinarian, or officer or agent of any incorporated humane society may take into custody an animal, upon either private or public property, upon probable cause of neglect. Such officer, agent, or veterinarian may inspect, care for, or treat such animal or place such animal in the care of a duly incorporated shelter or licensed veterinary for treatment, boarding, or other care, or if an officer or veterinarian determines that the animal appears to be diseased or disabled beyond recovery have humanly euthanized.
(b) The owner, custodian, or harborer of animal killed pursuant to subsection (a) shall not be entitled to recover damages for killing of such animal.
(c) Expenses incurred for the care, treatment, or boarding of any animal taken into custody pursuant to subsection (a), pending prosecution of the owner, custodian, or harborer of such animal for the violation of neglect to animals, shall be assessed to the owner, custodian, or harborer as a cost of the case.
(d) If the owner, custodian, or harborer is found guilty by the court of committing cruelty or neglect to any animal, and the court having jurisdiction is satisfied that an animal owned or possessed by such person would be in the future subjected to such violation, such animal shall not be returned to or remain with such person. Such animal may be turned over to a humane society.
(Code 2024)
(a) Upon first guilty conviction of animal cruelty or neglect, the municipal judge may in addition to any fine and court cost, have any other animals on the property removed and the owner shall not be allowed to own any animal for one year.
(b) Upon second guilty conviction of animal cruelty or neglect, the municipal judge shall in addition to any fine and court cost, have any other animals on the property removed and the owner shall not be allowed to own any animal within the city.
(Code 2024)