Sec. 3-101 Definitions.
Sec. 3-201 Cruelty
to animals, general.
Sec. 3-201A Traps
prohibited; exception; penalty.
Sec. 3-202 Animal
control officer-Appointment.
Sec. 3-203 Animal
control officer-Right of entry.
Sec. 3-204 Authority
to take certain animals into custody.
Sec. 3-205 Running
at large; penalty.
Sec. 3-206 Keeping
animals constituting a health hazard; penalty.
Sec. 3-207 Duty
to remove carcasses; penalty.
Sec. 3-208 Disturbing
the peace; penalty.
Sec. 3-209 Confinement
of animals suspected of rabies.
Sec. 3-209A Quarantined/Immunized
Sec. 3-210 Rabies
proclamation.
Sec. 3-211 Use
of tranquilizer gun authorized; killing authorized.
Sec. 3-212 Trespass
and destroying property; penalty.
Sec. 3-213 Keeping
vicious animals-Prohibited; penalty.
Sec. 3-214 Keeping
vicious animals-Court action.
Sec. 3-215 Sentence
Enhancements for Violation of Prohibitions
New Section Added: (Ord. No. 3595-06, 09-20-06)
Sec. 3-301 Dog
fighting; penalty.
Sec. 3-302 Vaccination
requirements; penalty.
Sec. 3-303 Registration
fees; penalty.
Sec. 3-304 Late
registration fee; exceptions.
Sec. 3-305 Registration
to be for calendar year.
Sec. 3-306 Registration;
Procedure.
Sec. 3-307 Duty
of owner to affix tag; penalty.
Sec. 3-308 Requirements
for transient dogs; penalty.
Sec. 3-309 Running
at large prohibited; penalty.
Sec. 3-310 Unclaimed
dogs.
Sec. 3-311 Disposition.
Sec. 3-312
thru 3-319 Reserved.
Sec. 3-320 Unspayed
female dogs; confinement, penalty.
Sec. 3-321 Imported
dogs.
Sec. 3-322 Requirements
for sale; penalty.
Sec. 3-323 Transfer
fee.
Sec. 3-324 Maintenance
requirements, penalty.
Sec. 3-325 Cruelty
to dogs or pups; penalty.
Sec. 3-326 Opening
pound; interfering with officer; penalty.
Sec. 3-327 Bond;
forfeiture.
Sec. 3-328 Right
of entry; penalty.
Sec. 3-329 Pit
bulls; Keeping prohibited.
Sec. 3-330 Pit
bull dogs; Defined.
Sec. 3-331 Sentence
Enhancements for Violation of Prohibitions
New Section Added: (Ord. No. 3272-98, 06-17-98; Ord.
No. 3595-06, 09-20-06)
Sec.
3-401 Exotic animals;
keeping prohibited.
Sec.
3-402 Exotic animals;
defined.
Sec.
3-403 Keeping exotic
animals, prohibited; exceptions.
Sec.
3-404 Keeping exotic
animals; penalty.
Cross
references-Unlawful to permit animals
to trespass upon parks or recreation areas, § 8-104; molesting birds or wild
animals in parks and recreation areas prohibited, § 8-105; interference with
bird or animal nests or habitats prohibited in parks and recreation areas, §
8-106.
State
law reference-Livestock and domestic
animals, K.S.A. 47-102 et seq.
ARTICLE I.
IN GENERAL
Sec.
3-101 Definitions.
The
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Animal-
means all animals except human beings, vertebrate or invertebrate, wild or
domesticated, including those animals in the zoological class of “aves”
commonly referred to as fowl.
Animal Control Officer- means any person appointed as such by the City
Manager, whose duties shall be to assist in the enforcement of this Chapter.
At large- means
the status of an animal when it is not on the premises of its owner’s real
property and not restrained by a competent person.
Competent person- means a person who is capable of controlling the behavior of a domestic
animal and to whose command such domestic animal is obedient.
Dog- means
all members of the canis familiaris, male, female or neuter, six months of age
or older.
Domestic animal- means an animal kept as a pet and not as livestock.
Household- means
those members of a family living in the same dwelling unit.
Inoculation,
vaccination or vaccination for rabies- means the injection by a
veterinarian or his authorized agent of a specified animal of antirabies
vaccine into the body of the animal.
Notice- means
relevant information conveyed from one person to another by personal delivery,
deposit in U.S. mail, postage prepaid, or by telephone message.
Own- means
to own, keep, harbor, shelter, control, manage, possess or have part interest
in any animal.
Puppy- means
all members of the canis familiaris, male, female or neuter, less than six
months of age.
Restraint- means,
when used in reference to an animal:
A. When controlled by a line or leash not more than 15 feet in length, the line or leash is held by a competent person.
B. When at “heel” of a competent person.
C. When within an attended vehicle.
D. When not more than 100 feet from a competent person, if such animal is not annoying any person or domestic animal or trespassing on private property or in a public area where animals are forbidden.
Vicious animal-
means any animal which is fierce, dangerous, mean or uncontrollable; or one
that has previously attacked or has bitten any person or domestic animal, or
possesses a propensity to attack or bite a person or domestic animal.
Vicious dog- means
any dog which is fierce, dangerous, mean or uncontrollable; or one that has
previously attacked or has bitten any person or domestic animal, or possesses a
propensity to attack or bite a person or domestic animal.
REVISED: (Ord.
No. 3011-91, 12-04-91)
Cross
reference-Definitions and rules of
construction generally, § 1-102.
ARTICLE II.
CARE AND CONTROL GENERALLY
Sec.
3-201 Cruelty to animals;
general.
A. For the purpose of this Chapter, any of the following acts shall constitute cruelty to animals and shall be deemed a Class B Misdemeanor:
1. Subjecting
any animal to cruel mistreatment.
2. Having custody of any animal and subjecting such animal to cruel neglect.
3. Cruelly
and in a willful and malicious manner, killing, maiming, wounding, beating or
torturing any animal.
4. Impounding
or confining or causing the impoundment or confinement of an animal in any
place and failing to supply such animal during confinement with sufficient
food, water and exercise.
5. Overworking any domestic animal when such animal is unfit for labor.
6. Failing to provide any domestic animal with proper food, drink, proper care, and shelter or protection from the weather.
7. Abandoning
any animal.
B. This Section shall not be deemed applicable to accepted veterinary practices or activities carried on for scientific research and as provided in K.S.A.21-4310 (2).
C. Any dog found to be cruelly treated shall be placed with the Humane Society for adoption or disposition at the owner’s expense.
D. Sentence enhancement is appropriate refer to Sec. 3-215
REVISED: (Code1982;
Ord. No. 3595-06, 09-20-06)
State
law references-Cruelty to animals,
K.S.A. 21-4310, 21-4311, 29-409; custody of cruelly treated animals, K.S.A.
21-4311.
Sec.
3-201A Traps prohibited;
exception; penalty.
For purposes of this section, the following terms
shall be given the meanings stated in this Subsection:
Animals-
includes all animals vertebrate or invertebrate, wild or domesticated,
including those animals in the zoological class of “aves” commonly referred to
as fowl.
Traps- means
and includes all manner of mechanisms or devices intended or used for the
purpose of capturing animals by physically clamping parts of the trap around
any portion of the animal’s anatomy, except traps for eradication of mice, rats
and other domestic vermin.
Prohibition- It
shall be unlawful for any person, firm, or corporation to utilize or employ the
use of traps for any purpose whatsoever within the City limits.
Penalty- Any
person, firm or corporation who shall violate any of the provisions of this
Section or who shall aid, abet or assist in the violation of any of the
provisions of this Section shall be determined guilty of a Class B Misdemeanor.
Exception- This
section does not apply to members of the Police Department in its official line
of duty.
REVISED: (Ord. No.
2962-90, 12-27-90)
Sec.
3-202 Animal Control
Officer-Appointment.
The
City Manager or his designated agent may appoint person(s) to be known as the
Animal Control Officer(s), whose duty it shall be to assist in the enforcement
of this Chapter. The Animal Control
Officer(s) shall be under the direction of the Chief of Police.
REVISED: (Ord.
No. 2962-90, 12-27-90)
Sec.
3-203 Animal Control
Officer-Right of entry.
The
Animal Control Officer shall have the right of entry onto any lots or lands for
the purpose of enforcing the provisions of this article. Provided, however, the Animal Control
Officer shall not have the right of entry to enclosed dwellings used for
residential purposes, except for the purpose of examining or obtaining any
animal suspected of having rabies, having been exposed to rabies or having
bitten a person or other animal.
(Code
1982)
Sec.
3-204 Authority to take
certain animals into custody.
Any
Police Officer or Animal Control Officer or any officer or agent of any duly
authorized Humane Society or Animal Shelter or licensed veterinarian may take
charge of any animal found running at large, injured, abandoned or showing
evidence of cruel neglect upon either private or public property and inspect,
care for, treat or transport such animal to a duly authorized Humane Society or
licensed veterinarian for treatment, boarding or other care; or if it appears
the animal is diseased or injured beyond recovery, for disposition.
REVISED: (Ord. No.
2962-90, 12-27-90)
Sec.
3-205 Running at large;
penalty.
A. No
domestic animal, except cats, shall be permitted to run at large in the
City. Any animal shall be deemed to be
running at large when found off the real property of the owner and not under
restraint.
B. Allowing an animal to run at large is a Class C Misdemeanor.
C. Subsequent offense is a Class B Misdemeanor.
D. Sentence enhancement is appropriate refer to Sec. 3-215
REVISED: (Code
1982; Ord. No. 3595-06, 09-20-06)
Sec.
3-206 Keeping animals
constituting a health hazard; penalty.
A. No person shall keep, maintain or harbor within the City any animal which creates a hazard to the health of the inhabitants of the City.
B. A violation of this section is a Class B Misdemeanor.
C. Sentence enhancement is appropriate refer to Sec. 3-215
REVISED: (Code 1982; Ord. No. 3595-06, 09-20-06)
Cross
reference-Sanitary nuisances, §
10-601 et seq.
Sec.
3-207 Duty to remove
carcasses; penalty.
A. The owner of any animal that dies within the City shall, within six hours, cause the carcass to be removed beyond the City limits, and in no case shall such owner permit such carcass to remain in the open air in the City until it becomes offensive in smell.
B. A violation of this section is a Class C Misdemeanor.
(Code
1982)
Cross
reference-Sanitary nuisances, §
10-601 et seq.
Sec.
3-208 Disturbing the peace;
penalty.
A. It shall be unlawful for the owner of any animal to permit such animal to disturb the peace and quiet of the neighborhood.
B. A violation of this section is a Class C Misdemeanor.
C. Sentence enhancement is appropriate refer to Sec. 3-215
REVISED: (Code 1982; Ord. No. 3595-06, 09-20-06)
Sec.
3-209 Confinement of
animals suspected of rabies.
Any
owned or wanted dog, cat or ferret which has bitten a person and has thereby
caused a laceration of the skin of such person shall be reported immediately
and seized and confined in a veterinary hospital or animal shelter approved by
the local health officer or his/her designee for a period of not less than 10
days at the expense of the owner of the dog, cat or ferret. All other mammals shall be dealt with in
accordance with the Administrative Regulations as promulgated by the Kansas
Department of Health and Environment.
REVISED: (Ord. No. 3011-91, 12-04-91; Ord. No. 3272-98,
06-17-98) Changed 7-18-05
Sec.
3-209A Quarantined/Immunized.
Dogs, cats or ferrets that have an owner, are wanted by that owner, and are not immunized against rabies and have been exposed to rabies by a known or suspected rabid mammal shall be quarantined for six months at a veterinary hospital, or a facility holding a current state pound and shelter license. These dogs, cats or ferrets shall be immunized against rabies one month before release from quarantine. The local health officer or the local health officer’s designee shall authorize the release of the dog, cat, or ferret upon payment of the boarding fee. All other mammals and situations dealing with mammals exposed to a known or suspected rabid mammal shall be dealt in accordance with the Administrative Regulations as promulgated by the State of Kansas Department of Health and Environment.
New Section Added: (Ord. No. 3272-98, 06-17-98)
Sec.
3-210 Rabies proclamation.
When
there is a good and sufficient reason to believe that rabies is existing in or
near the City, the Chief of Police, by proclamation and publication in the
official paper of the City, may require all persons owning, keeping or
harboring domestic animals in the City to confine them or securely muzzle such
domestic animals with a wire or leather muzzle for such length of time as may
be designated in such proclamation or until otherwise ordered. It shall be unlawful for any person owning,
keeping or harboring a domestic animal within the City to permit such domestic
animal to run at large in violation of the terms or such proclamation.
REVISED: (Ord.
No. 3011-91, 12-04-91)
Sec.
3-211 Use of tranquilizer
gun authorized; killing authorized.
Any
law enforcement officer, including the Animal Control Officer, shall be authorized
to use a tranquilizer gun, and further shall be authorized to kill any animal
which it is impractical or impossible to capture or tranquilize and that is
endangering persons, other animals or property.
REVISED: (Ord. No.
3011-91, 12-04-91)
State
law reference-Killing of certain dogs
lawful, K.S.A. 47-646a.
Sec.
3-212 Trespass and
destroying property; penalty.
A. It shall be unlawful for any person to permit any domestic animal to trespass upon, or do injury to, public or private property.
B. A violation of this Section is a Class C Misdemeanor.
C. Sentence enhancement is appropriate refer to Sec. 3-215
REVISED: (Ord. No.
3011-91, 12-04-91; Ord. No. 3595-06, 09-20-06)
Cross
reference-Sanitary nuisances, §
10-601 et seq.
Sec.
3-213 Keeping vicious
animals-Prohibited; penalty.
A. It shall be unlawful for any person to keep or harbor any vicious animal within the City.
B. Keeping or harboring a vicious animal is a Class B Misdemeanor.
C. Sentence enhancement is appropriate refer to Sec. 3-215
REVISED: (Ord. No.
3011-91, 12-04-91; Ord. No. 3595-06, 09-20-06)
Cross
reference-Sanitary nuisances, §
10-601 et seq.
Sec.
3-214 Keeping vicious
animals-Court action.
Upon a finding by the Municipal Court that any animal in the City is vicious as deemed in Section 3-101, the Judge of the Municipal Court shall order the animal seized, impounded and destroyed by the proper authority. The Judge of the Municipal Court may permit the owner to post cash bond in the sum of up to $500.00 to ensure that the vicious animal is confined in a manner which protects humans and domestic animals from possible bite and/or attack. The bond shall be held as set forth in Section 3-327. If such vicious animal is found by the judge of the municipal court to have not been confined in an appropriate manner during the bond period, such bond shall be forfeited to the City in addition to any other penalties imposed under Section 3-207. Lack of knowledge by the owner of the viciousness of an animal shall not be a defense to any action brought under this section.
REVISED: (Ord. No.
3011-91, 12-04-91)
Sec. 3-215 Sentence
enhancements for violation of prohibitions.
The City Prosecutor shall have the authority to seek
the enhancement of sentences as provided in this Ordinance by following the
following procedure:
1. Enhancement is appropriate if the defendant
has violated the same or similar Code at least two (2) times in the preceding
five (5) years from the date of the charge of the current violation.
2. The City Prosecutor shall file a notice
to enhance the sentence prior to the trial or plea in the current case, and
shall provide the defendant notice of the enhancement at least 10 days prior to
the plea or trial.
3. For each defendant the enhancement
shall be as follows: for the first filing the enhancement shall be double the
penalty provisions contained in this chapter; for second and subsequent filings
for a defendant the enhancement shall be triple the penalties contained in this
chapter.
4. Sentence enhancement is appropriate for
violations of the following Sections:
3-201, Cruelty to Animals
3-205, Running at Large
3-206, Keeping Animals
Constituting a Health Hazard
3-208, Disturbing the Peace
3-212, Trespass and
Destroying Property
3-213, Keeping Vicious
Animals
New Section Added: (Ord. No. 3595-06, 09-20-06)
Sec.
3-301 Dog fighting,
penalty.
Every
person who by words, sign or otherwise, sets any dog(s) or pup(s) to fight, or
causes any dog(s) or pup(s) to attack any other dog or any other animal, or
aids or abets or encourages any dog(s) or pup(s) to attack or chase any human
being not engaged in malicious or criminal acts, or being the owner, keeper or
harborer of any dog(s) or pup(s) knowingly permits such dog(s) or pup(s) to
fight without endeavoring to prevent such fighting, shall be guilty of a Class
A Misdemeanor.
(Code
1982)
State
law reference-Dog fighting, K.S.A.
21-4315 et seq.
Sec.
3-302 Vaccination
requirements; penalty.
A. It shall be unlawful for any person living within the Corporate Limits of the City to own any dog without first having had the dog inoculated against rabies and paying a registration fee. The registration shall be renewed on an annual basis. The vaccination shall be administered by a licensed veterinarian.
B. Violation of this section is a Class C Misdemeanor.
C. Sentence enhancement is appropriate refer to Sec. 3-331
REVISED: (Ord. No.
3137-95A, 03-22-95; Ord. No. 3595-06,
09-20-06)
State
law reference-Confinement after
biting person or other animal, K.S.A. 47-125.
Sec.
3-303 Registration fees;
penalty.
Between
January 1st and February 15th of each year, the dog owner shall register all
dogs owned by her/him at the office of the City Clerk and pay the following
fees:
A. The City Clerk shall collect a registration fee of $5.00 for each sterilized male or female dog whose owners reside within the Corporate Limits of the City, provided that all dogs belonging to the same household shall be registered in the name of the head of such household; and provided further that if such household contains more than two sterilized dogs, then the City Clerk shall collect a registration fee of $10.00 for each additional sterilized dog. Before the City Clerk shall issue a tag showing payment of any fees for any sterilized dog, the City Clerk shall require satisfactory evidence of such fact by a certificate of a licensed veterinarian or by a statement verified by affidavit, provided that such evidence may be permanently filed or entered in the book of registration.
B. The City Clerk shall collect a registration fee of $15.00 for each unsterilized male or female dog whose owners reside within the Corporate Limits of the City, provided that all unsterilized male or female dogs appertaining to the same household shall be registered in the name of the head of such household.
C. Failure to register is a Class D Misdemeanor.
D. Sentence enhancement is appropriate refer to Sec. 3-331
REVISED: (Ord. No.
3137-95-A, 03-22-95; Ord. No. 3595-06,
09-20-06)
Sec.
3-304 Late registration
fee; exceptions.
A
late registration fee of $2.00 shall be collected by the City Clerk for each
month in which the owner fails, neglects or refuses to pay the registration fee
provided for in Section 3-303. New
residents of the city or persons acquiring a dog or owning a dog that attains
age requiring registration shall have 30 days in which to register such dog at
the regular fee as set out in Section 3-303.
If registered after July 1st, the fee shall be one-half (2) the regular fee as set forth in Section
3-303.
(Code
1982)
Sec.
3-305. Registration to be
for calendar year.
All
registrations issued by the City Clerk shall be valid until December 31st of
each year.
(Code
1982)
Sec.
3-306. Registration;
procedure.
A
vaccination certificate shall be presented to the City Clerk, attested to by a
licensed veterinarian. The registration
shall be at the Office of the City Clerk of Ottawa, Kansas. The City Clerk, upon presentation of a valid
certificate of vaccination issued by a licensed veterinarian, shall record the
following information: owner’s name and
address; color, breed, sex, age, weight, names (if any), and date of
vaccination of the dog. After recording
said information, the City Clerk shall issue a license to said owner and shall
provide for each dog so vaccinated and registered, a tag of metal or other
durable substance, having stamped or marked thereon the registration number
which corresponds to the number of the registration record. This tag shall be kept on the dog at all
times. The person making application
shall sign the registration form which shall be conclusive evidence of the
application for registration. The City
Clerk may, between December 1st and January 15th, of each year, cause notice to
be given of the registration period for dogs by publication once in the
official city newspaper.
REVISED: (Ord.
3137-95-A, 03-22-95)
Sec.
3-307 Duty of owner to
affix tag; penalty.
A. It shall be unlawful for the owner of any dog to permit such dog outside the dwelling of the owner without a collar or harness. The tag required in Section 3-306 shall be securely affixed to the collar or harness of each dog registered. The tag shall be situated on the collar or harness in such a manner that it may at all times be easily visible. Replacement tags shall be issued for $1.00 each.
B. Failure to exhibit a tag on the dog is a Class C Misdemeanor.
(Code
1982)
Sec.
3-308 Requirements for
transient dogs; penalty.
A. The provisions of this article with respect to registration shall not apply to any dog owned by any person temporarily remaining within the City less than thirty (30) days, or any dog brought into the City for less than thirty (30) days. Such dogs shall be kept under restraint by the owner.
(Code
1982)
Sec.
3-309 Running at large
prohibited; penalty.
A. It shall be unlawful for the owner of any dog or pup to permit such dog or pup to run at large within the Corporate Limits of the City at any time. Any dog or pup shall be deemed to be running at large when found off the real property of the owner and not under restraint. It shall be lawful for the Animal Control Officer or other person duly appointed by the City Manager to pursue and capture such dog running at large and to enter a private property, as defined in Section 3-301.
B. Permitting a dog or pup to run at large is a Class C Misdemeanor.
(Code
1982)
Sec.
3-310 Unclaimed dogs.
A. Any dog or pup in violation of this article within the City limits may be captured or taken up by the Animal Control Officer of the City or other person duly appointed by the City Manager and impounded in a place provided for that purpose by the City and a record of all dogs or pups impounded with their description containing the following information: color, sex, weight, height, identifying marks, registration number or rabies vaccination number and the date of impounding.
B. Any dog impounded under this article which has not been claimed within the three (3) day limit as provided in Section 3-311 may be sold to any person. Such person shall be required to have the dog duly registered and inoculated as provided for in Section 3-302. No dog shall be sold to any person who shall use the dog for experimental purposes or who shall not treat such dog in a humane manner.
(Code
1982)
Sec.
3-311 Disposition.
A. If a dog impounded under this article has no current registration tag, as provided for by Section 3-306, it shall be kept for three (3) days, and if within that time the owner does not appear to claim such dog, it may be sold, euthanized or otherwise disposed of. If, within three (3) days of the impoundment date, the owner of an impounded dog shall appear and claim such dog, the dog shall be turned over to the person claiming it upon payment of an impounding fee of $25.00 if picked up within 24 hours, and $5.00 for each additional day or portion thereof such dog remains impounded, and upon compliance with the requirements of Sections 3-303 and 3-306.
B. If a dog so impounded has a current registration tag attached to it, the owner of such dog, as shown by the records of the City Clerk, shall be notified as soon as possible within a three (3) day impounding period. If at the end of three (3) days the City Clerk has been unable to locate the owner or the owner refuses to claim or redeem the dog, then the dog may be sold, euthanized or otherwise disposed of.
C. If a dog so impounded does not have a current registration tag and a rabies vaccination certificate, and such dog is reclaimed by the owner, then the City Clerk shall give such owner a registration form, and a duplicate thereof shall be presented to the Animal Control Officer, and such owner shall pay all impounding fees and register and have such dog vaccinated. If the owner has not complied with this section within seven (7) days, such dog shall be subject to disposal.
(Code
1982)
State
law reference-Euthanasia of animals,
K.S.A. 41-1718.
Sec.
3-312 thru 3-319. Reserved.
Sec.
3-320 Unspayed female dogs;
confinement; penalty.
A. An unspayed female dog shall be kept securely confined in an enclosed place while in heat.
B. A violation of this section is a Class C Misdemeanor.
(Code
1982)
Sec.
3-321 Imported dogs;
registration; transferring registration; penalty.
A. All dogs brought into the City shall comply with rabies vaccinations. If said imported dog remains more than thirty (30) days, said dog shall be registered in accordance with the provisions of this article.
B. A violation of this section is a Class C Misdemeanor.
(Code
1982)
Sec.
3-322 Requirements for sale;
penalty.
A. It shall be unlawful for any person, firm or corporation to sell or attempt to sell dogs or pups in the City without furnishing a certificate showing the date of birth of such dog or pup and its name and address, or a health certificate from a licensed veterinarian, which certificate shall be transferred to the purchaser of such dog from the person selling the dog.
B. It shall be unlawful to sell any dog over six months of age unless the dog has first been inoculated against rabies and a certificate of vaccination issued.
C. A violation of this section is a Class C Misdemeanor.
(Code
1982)
Sec.
3-323 Transfer fee.
If
there is a change in ownership of a dog during the license year, the new owner
may have the current license transferred to his name upon the payment of a
transfer fee of $1.00. The tag and license receipt shall not be transferable.
(Code
1982)
Sec.
3-324 Maintenance
requirements; penalty.
A. Cleanliness-
It is hereby declared to be a nuisance and unlawful for any person to
maintain any dog or pup in an area that is not at all times clean, dry and
sanitary and free from excessive debris, garbage, water and offensive
odors. All yards and pens shall be
cleaned daily.
B. Drainage
of premises- All dog pens and yards shall be so located that an adequate
drainage is obtained and normal drying occurs and standing water is avoided.
C. Inspection
by City- All premises subject to the right of entry as defined in Section
3-203 on which dogs are kept shall be subject to inspection by Animal Control
Officers. If the authorized personnel
of the City determines from such inspection that the premises is not being
maintained in a clean and sanitary manner, s/he shall notify the owner or
keeper of the dogs in writing to correct the sanitation deficiencies within 48
hours after notice is served on him.
D. Any person failing to comply with the requirements of the Animal Control Officer shall be guilty of a Class C Misdemeanor.
E. Sentence enhancement is appropriate refer to Sec. 3-331
REVISED: (Code 1982; Ord. No. 3595-06, 09-20-06)
Sec.
3-325 Cruelty to dogs or
pups; penalty.
A. It shall be unlawful for any person to neglect, deprive of necessary sustenance, cruelly beat, mutilate or cruelly kill a dog or pup or cause or procure a dog or pup to be deprived of necessary sustenance, cruelly beaten, mutilated or cruelly killed. Any dog found to be cruelly treated shall be placed with the Humane Society for adoption or disposition at the owner’s expense.
B. Cruelty to dogs or pups is a Class B Misdemeanor.
C. Sentence enhancement is appropriate refer to Sec. 3-331
REVISED: (Code 1982; Ord. No. 3595-06, 09-20-06)
Sec.
3-326 Opening pound;
interfering with officer; penalty.
A. It shall be unlawful for any person other than a duly authorized officer to break open or attempt to break open any enclosure in which dogs or pups are confined or held pursuant to the provisions of this article, or to take or let out any dog or pup placed therein by an officer of this City, or take or attempt to take from an officer of this City any dog or pup taken by him, or in any manner interfere with or hinder any officer of this City in catching or taking up any dog or pup.
B. A violation of this section is a Class B Misdemeanor.
(Code
1982)
Sec.
3-327 Bond; forfeiture.
A. Any cash bond posted as ordered by the Municipal Court under Section 3-214 shall be held by the City Clerk for a period of one (1) year, subject to forfeiture provisions of Section 3-214. Such cash bond shall be accompanied by an accurate color photograph and detailed written description of the vicious dog or other animal in question. No interest shall inure to the benefit of any person posting such a bond. During the one-year bond period, the person may reclaim the bond posted by providing the City Clerk with a sworn statement signed by the owner of the vicious dog or other animal stating that such vicious dog or other animal is either (1) deceased or (2) has been removed from the City and will not be returned. If such a statement is not received by the City Clerk during the one-year period, the cash bond shall be deemed forfeited. Any bond forfeited shall be paid to the City Treasurer and deposited in the general operating fund of the City.
B. The filing of a false statement under this section shall be considered an ordinance violation punishable by a fine of up to $500.00.
REVISED: (Ord. No.
3011-91, 12-04-91)
Sec.
3-328 Right of entry;
penalty.
A. It shall be unlawful for any person to conceal a dog or pup or interfere with the Animal Control Officer or any law enforcement officer in the performance of his legal duties, as provided in this Chapter. The officers shall have the right of entry onto any unenclosed lots or lands for the purpose of collecting any dog or pup which is on such lot or land in violation of this article and whose presence or existence is a violation of the provisions of this article. The officers shall have the right of entry to any property or premises for the purpose of examining or obtaining any dog or pup suspected of having rabies, having been exposed to rabies or having bitten a person or other animal.
B. A violation of this section is a Class B Misdemeanor.
(Code
1982)
Sec.
3-329 Pit bulls; keeping
prohibited.
No
person shall in any way keep, harbor, own or possess within the Corporate
Limits of Ottawa, Kansas, any pit bull dog; provided, that pit bull dogs
registered with the City on or before October 12, 1987, may be kept within the
City subject to the standards and requirements as follows:
A. Leash
and muzzle- No person shall permit a registered pit bull dog to go outside
its kennel or pen unless such dog is securely leashed with a leash no longer
than four (4) feet in length. No person
shall permit a pit bull dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person is in physical control of the
leash. Such dogs may not be leashed to
inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash
outside the animal’s kennel must be muzzled by a muzzling device sufficient to
prevent such dog from biting persons or other animals.
B. Confinement-
All pit bull dogs must be securely confined indoors or in a securely enclosed
and locked pen or kennel, except when leashed and muzzled as above
provided. Such pen, kennel or structure
must have secure sides and a secure top attached to the sides. All structures used to confine registered
pit bull dogs must be locked with a key or combination lock when such animals
are within the structure. Such
structure must have a secure bottom or floor attached to the sides of the pen
or the sides of the pen must be embedded in the ground no less than two (2)
feet. In addition, all structures
erected to house pit bull dogs must comply with all zoning and building
regulations of the City. All such
structures must be adequately lighted and ventilated and kept in a clean and
sanitary condition.
C. Confinement
indoors- No pit bull dog may be kept on a porch, patio or in any part of a
house or structure that would allow the dog to exit such building on its own
volition. In addition, no such animal
may be kept in a house or structure when the windows are open or when screen
windows or screen doors are the only obstacle preventing the dog from exiting the
structure.
D. Signs-
All owners, keepers or harborers of registered pit bull dogs within the City
shall within ten (10) days of the effective date of this ordinance display in a
prominent place on their premises a sign easily readable by the public using
the words, “Beware of Dog”. In
addition, a similar sign is required to be posted on the kennel or pen of such
animal.
E. Insurance-
All owners, keepers or harborers of registered pit bull dogs must within
ten (10) days of the effective date of this ordinance provide proof to the City
Clerk of public liability insurance in a single incident amount of $50,000.00
for bodily injury to or death of any person or persons or for damage to
property owned by any persons which may result from the ownership, keeping or
maintenance of such animal. Such
insurance policy shall provide that no cancellation of the policy will be made
unless ten (10) days written notice is first given to the City Clerk.
F. Identification
photographs- All owners, keepers or harborers of pit bull dogs must within
ten (10) days of the effective date of this ordinance provide to the City Clerk
two (2) color photographs with different poses of the animal clearly showing
the color and approximate size of the animal.
G. Reporting
requirement- All owners, keepers or harborers of pit bull dogs must within
ten (10) days of the incident, report the following information in writing to
the City Clerk as required hereinafter:
1. The
removal from the City or death of a registered pit bull dog.
2. The
birth of offspring of a registered pit bull dog.
3. The
removal of the newborn dog as required in Section 9 hereinafter.
4. The
new address of a registered pit bull dog owner should the owner move within the
Corporate City Limits.
H. Sale
or transfer of ownership prohibited- No person shall sell, barter or in any
other way dispose of a pit bull dog registered with the City to any person
within the City unless the recipient person resides permanently in the same
household and on the same premises as the registered owner of such dog;
provided that the registered owner of a pit bull dog may sell or otherwise
dispose of a registered dog or the offspring of such dog to persons who do not
reside within the City.
I.
Animals born of
registered dogs- All offspring born
of pit bull dogs registered within the City must be removed from the City
within six (6) weeks of the birth of such animal.
J. Irrebuttable
presumptions- There shall be an irrebuttable presumption that any dog
registered with the City as a pit bull dog or any of those breeds prohibited by
Section 3-330 of this article is in fact a dog subject to the requirements of
this section.
K. Failure
to comply- It shall be unlawful for the owner, keeper or harborer of a pit
bull dog registered with the City to fail to comply with the requirements and
conditions set forth in this Ordinance.
Any dog found to be the subject of a violation of this Ordinance shall
be subject to immediate seizure and impoundment. In addition, failure to comply will result in revocation of the
license of such animal resulting in the immediate removal of the animal from
the City.
L. Violations
and penalties- Any person violating or permitting violation of any
provision of this Ordinance shall, upon conviction in Municipal Court, be fined
a sum not less than $200.00 and not more than $1,000.00. In addition to the fine imposed, the Court
may sentence the defendant to imprisonment in the County Jail for a period not
to exceed thirty (30) days. In
addition, the Court shall order the registration of the subject pit bull
revoked and the dog removed from the City.
Should the defendant refuse to remove the dog from the City, the
Municipal Court Judge shall find the defendant owner in contempt and order the
immediate confiscation and impoundment of the animal. Each day that a violation
of this Ordinance continues shall be deemed a separate offense. In addition to the foregoing penalties, any
person who violates this Ordinance shall pay all expenses, including shelter,
food, handling, veterinary care, and testimony necessitated by the enforcement
of this Ordinance.
M.
Severability- If any section, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction such decision shall not affect
the validity of the remaining portions of this ordinance.
N.
Sentence enhancement is
appropriate refer to Sec. 3-331
REVISED: (Code
1982, Ord. No. 3595, 09-20-06)
Sec.
3-330 Pit bulls; defined.
The
term “pit bull dog” is defined to mean:
A. The
bull terrier breed of dog.
B. Staffordshire
bull terrier breed of dog.
C. The
American pit bull terrier breed of dog.
D. The
American Staffordshire terrier breed of dog.
E. Dogs of mixed breeds or of other breeds than those listed in this section, which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers.
F. Any dog which has the appearance and characteristics of being predominantly of the breed of bull terrier, Staffordshire bull terrier, American pit bull terrier or American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.
(Code
1982)
Sec. 3-331.
Sentence enhancements for violation of prohibitions.
The City Prosecutor shall have the authority to seek
the enhancement of sentences as provided in this Ordinance by following the
following procedure:
1. Enhancement is appropriate if the defendant
has violated the same or similar Code at least two (2) times in the preceding
five (5) years from the date of the charge of the current violation.
2. The City Prosecutor shall file a notice
to enhance the sentence prior to the trial or plea in the current case, and
shall provide the defendant notice of the enhancement at least 10 days prior to
the plea or trial.
3. For each defendant the enhancement
shall be as follows: for the first filing the enhancement shall be double the
penalty provisions contained in this chapter; for second and subsequent filings
for a defendant the enhancement shall be triple the penalties contained in this
chapter.
4. Sentence enhancement is appropriate for
violations of the following Sections:
3-302, Vaccination
Requirements
3-303, Registration Fees
3-324, Maintenance Requirements
3-325, Cruelty to Dogs or
Pups
3-329, Pit bulls, Keeping
Prohibited
New
Section Added: (Ord. No. 3595,
09-20-06)
ARTICLE IV.
POSSESSION OF EXOTIC ANIMALS
OF THE CITY OF OTTAWA, KANSAS
Sec.
3-401 Exotic animals; keeping
prohibited.
It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession, or under his or her control within the City, any poisonous reptile or any other vicious animal or any other animal or reptile of wild, vicious, or dangerous propensities.
(Code
1982)
Sec.
3-402 Exotic animals;
defined.
It
shall be unlawful for any person to keep, maintain, or have in his or her
possession, or under his or her control within the City, any of the following
animals:
A. All poisonous animals including rear-fang snakes.
B. Apes;
includes all member of the ape family, e.g., Chimpanzees; gibbons; gorillas,
orangutans; and saimangs.
C. Baboons.
D. Badgers.
E. Bears.
F. Bison.
G. Bobcats.
H. Cheetahs.
I. Crocodilians.
J. Constrictor
snakes, four (4) feet in length or more.
K. Coyotes.
L. Deer;
includes all members of the deer family, e.g., white-tailed deer, elk,
antelope.
M. Elephants.
N. Game
cocks and other fighting birds.
O. Hippopotami.
P. Hyenas.
Q. Jaguars.
R. Leopards.
S. Lions.
T. Lynxes.
U. Monkeys.
V. Ostriches.
W. Pumas;
also known as cougars, mountain lions and panthers.
X. Raccoons.
Y. Rhinoceroses.
Z. Skunks.
AA. Tigers.
BB. Wolves.
(Code
1982)
Sec.
3-403 Keeping exotic animals,
prohibited; exceptions.
The
prohibitions of Section 1 shall not apply to bona fide pet shops, zoos,
circuses, carnivals, educational institutions, or medical institutions, if:
A. Their
location conforms to the provisions of the zoning ordinance of the City.
B. All
animals and animal quarters are kept in a clean and sanitary condition and so
maintained as to eliminate objectionable odors.
C. Animals
are maintained in quarters so constructed as to prevent their escape.
D. Animals
are maintained in quarters so constructed as not to endanger or cause harm to
the animal.
(Code
1982)
Sec.
3-404 Keeping exotic
animals; penalty
The
Municipal Judge shall have the authority to order any animal deemed vicious,
confined, destroyed, or removed from the City.
REVISED: (Ord.
No. 3266-98, 05-06-98)