CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\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 all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses 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 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 any member of the species felis catus, regardless of sex.

(g)   Dangerous or Vicious Animal means any animal deemed to be dangerous or vicious pursuant to this section.

(1)   A “vicious” dog, as the term is used in this chapter means:

(A)  Any dog with a propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.

(B)  Any dog owned or harbored primarily, or in part, for the purpose of fighting or any dog trained for fighting.

(C)  Any dog which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such dog to attack any law enforcement officer while engaged in performance of his/her official duty.

(D)  Dogs used to assist the vision impaired or law enforcement officers in their official duties shall not be considered “vicious” for purposes of this article.

(2)   A “vicious” dog is “unconfined”, as the term is used in this chapter, if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person. Such pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less that (2) feet. The entrance or gate of the structure must be securely latched. The structure must be adequately lighted, ventilated, and kept in a clean and sanitary condition.

(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.

(j)    Harbor means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls.

(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, four or more dogs of the age of six months or older.

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

(p)   Neutered means any male or female 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, including but not limited to cats, dogs, exotic animals, fowl and livestock. 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, his or her employee, agent, or other competent person into whose charge the actual owner has placed an animal described in subsection (q) above.

(s)   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.

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

(Ord. 432; Code 2014)

Any person who as the operator of a motor vehicle strikes any animal shall at once report the accident to the animal control officer, or any law enforcement center, or the owner of the animal.

(Ord. 432; Code 2014)

The governing body 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 a 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.

(Ord. 432; Code 2014)

No person shall own or harbor more than 3 dogs of six months of age or older or more than one litter of pups or more that 3 cats of more than six months of age or more than one litter of kittens, or more than a total of 3 dogs and cats more than six months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs or both cats and dogs.

(Ord. 432; Code 2014)

The keeping or harboring of any animal which by loud, frequent and/or habitual barking, howling, yelping, meowing, roaring or screeching shall disturb the peace of any neighborhood or person is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition, and if he or she fails to do so, the city may abate it by picking up, impounding and/or disposing of the animal at the expense of the owner. In addition, the failure of person harboring or keeping such loud or noisy animal shall be guilty of a criminal offense and penalties assessed as set out in other sections of this article.

(Ord. 432; Code 2014)

No one having the care, custody, or control of an animal shall permit such animal to defecate in any public park, or on any other public grounds, or in any street, alley, or sidewalk within the city, or on any private property without the consent of its lawful occupant, unless such person having the care, custody or control of such animal immediately removes such feces. Further, no person having the care, custody or control of such animal has in his or her immediate possession, while such animal is on or in such place, a plastic bag or other means of removal of feces for proper disposal. The provision of this section shall not apply to a blind person accompanied by his or her seeing eye dog. Any person found guilty of a violation of this section shall be subject to the penalty provision of this article.

(Ord. 432; Code 2014)

No owner, keeper or harborer of any dog or cat shall permit the same to run at large within the City of Inman. Running at large shall be deemed to include any dog or cat that is not confined in the premises of the owner or harbored in a fence enclosure or shelter or restrained with a lead rope or chain which is securely fastened in a manner sufficient to keep the dog or cat on the premises or under the control of a person by a lead, cord, leash or chain not to exceed six (6) feet off the premises of the owner, keeper or harborer any person found guilty of a violation of this section shall be subject to the penalty provisions.

(Ord. 432; Code 2014)

It shall be unlawful for the owner, lease occupant or person in charge of any premises in the city to possess and maintain an animal or fowl within the city or permit to be maintained thereon any stable, shed, hutch, pen or other place where horses, mules, cattle, sheep, goats, swine, rabbits, mink, asses or other animals, or any chickens, geese, ducks, peacocks and other fowl. This provision does not apply to:

(a)   The maintaining of dogs which are regulated by this chapter.

(b)   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 in a safe and sanitary manner.

(c)   The transporting of animals through the City by ordinary and customary means.

(d)   The maintaining of a stockyard or sales barn for 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.

(e)   The exhibition of any such animals or fowl at any 4-H functions or community events.

Pending hearing, if the subject animal has not already been impounded, the municipal judge may order the impoundment and/or confinement of the subject animal in a manner and location that will minimize the annoyance or danger to persons or other animals, pending outcome of the hearing. If such impoundment or safe confinement is not reasonably feasible, or if prior municipal court orders to remove the animal from the city limits have gone unheeded, then the municipal judge may order the animal immediately destroyed without a hearing.

(Ord. 323; Ord. 432; Code 2014; Ord. 556)

Any person violating any provision of any article of this chapter, with the exception Section 2-210 through 2-212 regarding vicious dogs, shall upon conviction of an unclassified misdemeanor, be fined not less than $75 nor more than $200, or imprisoned not more 15 day, or both. In addition, any person found guilty shall pay court costs and any expenses necessitated by the seizure of the animal including shelter, food, boarding, veterinary expenses, and any such other costs as may be required for the destruction of the animal.

(Ord. 556)