As used in this chapter:

(a)   Abandon means to leave any animal domestic or otherwise behind for others to look after, especially meant to be a personal responsibility.

(b)   Animal control officer. The City Council or their designated agent may appoint person(s) to be known as the animal control officer(s), whose duty it shall be to carry out enforcement of this section.

(c)   Animal shelter means any facility operated by the city, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this title or state law.

(d)   Animals means all warm-blooded vertebrate animals such as, but not limited to bovine cattle, horses and other equines, swine, goats, rabbits, sheep, dogs, cats, chickens, ducks, geese, turkeys, pigeons and other wild mammals, or birds that have been tamed, domesticated or captivated, but shall exclude small cage birds or aquatic and amphibian animals kept solely as pets.

(e)   At large. An animal shall be deemed to be at large if off the premises of its owner and not under the immediate responsive control of a responsible person.

(f)   Circus means a commercial variety show featuring animal static display for the public at a fee or a part of a charity.

(g)   Commercial animal enterprise means and includes but not be limited to enterprises such as kennels, pet shops, riding stables, animal auctions, performing animal exhibitions, animal training services, grooming shops, petting zoos, aviaries or any similar entrepreneurial relationship regarding animals.

(h)   Dangerous animals means any vicious or hazardous animal, pit bull dog, or any animal or animals that constitute a serious physical threat to human beings or other animals.

(i)    Feral cat. A feral cat is a cat which has been separated from domestication, whether through abandonment, loss, or running away, and become wild. The term also refers to descendants of such cats, but not to wild cats, whose ancestors were never domesticated. Feral cats usually cannot be re-socialized. Feral kittens, however, can be socialized to live with humans if they are taken from a feral colony before they are about twelve (12) weeks old.

(j)    Harbor means to possess while in the act of keeping and caring for an animal; or of providing a premises to which the animal returns for food, shelter or care for a period of three days or longer.

(k)   Household means those members of a family living in the same dwelling unit.

(l)    Kennel means premises wherein an owner has three or more dogs or cats, or any combination thereof, or any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

(m)  Livestock means and includes the following animals: bovine cattle, horses and other equine, swine, goats, sheep and fowl such as, but not limited to, chickens, geese, ducks and turkeys.

(n)   Minimum age means an animal not more than four months of age.

(o)   Neglect means to mistreat through intent to abuse or reckless abandon of any animal in a manner that causes or is likely to cause stress or physical injury or as otherwise stated in this chapter.

(p)   Own means to keep, harbor, shelter, control, manage, possess or have part interest in any animal.

(q)   Owner or presumed owner means any person, partnership or corporation who has purchased or who owns, keeps, maintains, harbors or has care, custody or control of one or more animals. Ownership may be determined by identifying an adult resident of the premises upon which the animal is kept, maintained, harbored or otherwise resides and such adult shall constitute the owner of the animal upon such premise. Each actual resident of the premises shall be the owner or presumed owner and charged with responsibility for the animals thereon maintained or harbored. For the purpose of this title, if the owner of an animal(s) is a minor, the parent or guardian of the minor shall be responsible for compliance with these regulations for that animal(s).

(r)    Pet means any animal kept for pleasure rather than utility.

(s)   Public nuisance means any animal or animals which:

(1)   Molests passers-by or passing vehicles;

(2)   Attacks person(s) or other animals;

(3)   Trespasses on school grounds;

(4)   Is repeatedly at large specifically, three or more times per twelve (12) month period;

(5)   Damages private or public property;

(6)   Barks, whines or howls in an excessive, continuous or untimely fashion; or

(7)   Deposits excretory matter on property other than that of the owner. Repeatedly defecates on

property not belonging to or under the control of its owner, unless such waste is immediately

removed and properly disposed of by the owner of the animal (including domestic cats);

(8)   Produce odors or unclean conditions sufficient to annoy persons Jiving in the vicinity; or

(9)   Is unconfined when in heat.

(t)    Public place as used herein, means any place to which the public or a substantial group of the public has access. It shall include, but is not limited to, shops, stores and flea markets.

(u)   Quarantine means a period of ten days used for observation of a domestic or pet animal to determine the health status of that animal in relation to the rabies virus.

(v)   Quarantine by owner means an animal owner who quarantines with animal control officer’s permission under the following conditions:

(1)   Animal must have current rabies vaccination and be registered with animal control;

(2)   Animal must be inside an enclosed structure, i.e., house or garage, and must remain there for ten days;

(3)   If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which it cannot break loose or inside a covered pen or kennel from which it cannot escape. The length of the chain must prevent the animal from making contact with the fence in which it is kept;

(4)   Animal must be kept away from other animals and people except those in the immediate household;

(5)   Animal may not be removed from corporate city limits of Leon while under quarantine;

(6)   Owner shall notify animal control officer immediately if animal becomes sick or displays any behavioral changes;

(7)   Owner shall not subject the animal to any medical procedure, without first notifying the animal control division. This includes vaccinations;

(8)   Animal must be examined by the animal control division or designee by the first day of home quarantine and again on the final day of quarantine. Upon final examination the authority may declare the animal to be free of the rabies virus or under questionable circumstance defer such examinations to a licensed veterinarian. In such instances, owner shall be responsible for all associated costs and when required produce proof of such veterinarian examinations;

(9)   Owners who are deemed habitual offenders as defined herein, shall not be allowed home quarantine;

(10) Owner must allow animal control, with reasonable notice, to view and confirm the health of the animal during the rabies quarantine period.

(w)  Serious injury means bodily injury resulting from severe attack or severe bite from an animal which produces severe pain, trauma, loss of blood or tissue, and which requires medical treatment of wounds inflicted by the animal.

(x)   Severe attack means an attack in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack.

(y)   Severe bite means a puncture or laceration made by an animal’s teeth which breaks the skin, resulting in a degree of trauma which would cause a prudent and reasonable person to seek medical care for treatment to the wound, without considerations of rabies prevention alone.

(z)   Stray animal means any dog, cat or animal appearing or remaining in a neighborhood or any public place without an apparent home.

(aa) Supervisor means the supervisor of animal control and his or her designee.

(bb) Tattoo means a permanent mark which is made on the skin of an animal by puncturing the skin and inserting indelible color, and which is used to show ownership.

(cc) Unprovoked attack means that the animal was not hit, kicked, teased, molested or struck by a person with an object or part of a person’s body nor was any part of the animal’s body pulled, pinched or squeezed by a person.

(dd) Wild animal or wildlife means any non-domestic creature (mammal, amphibian, reptile or fowl) which is of a species which is wild by nature, which can normally be found in a wild state, and which is not naturally tame or gentle, or which, because of its size, vicious nature and other characteristics, constitutes a danger to human life or property including all animals identified herein as prohibited.

(ee) Wild or exotic animal means birds or animals not commonly kept domestically or that are not native to Butler County and/or the United States, excluding fowl, ferrets and small rodents.

(Ord. 536; Code 2018)

The animal control officer or health officer of the city shall have the right at all reasonable times to inspect the premises, pens, stables, buildings or other enclosures where animals are kept. It shall be a violation of this title to interfere with the control officer in the performance of his or her duties.

Abatement of Conditions not complying with Ordinance. Whenever any premises where animals are kept in an unsanitary conditions, or the facilities are not in keeping with provisions of this title or any other regulations herein, the animal control division, by written notice clearly stating the intent of this section, to the person responsible for the condition of the premises, may order the abatement of the conditions which are not in accordance with the ordinance or other regulations, or conditions which constitute a nuisance. Failure to comply with such order shall, in addition to any criminal or administrative proceedings, be grounds for and entitle the city to obtain relief by injunction. Nothing herein precludes the city’s use of any public health ordinance or law in lieu of nuisance abatement or injunctive relief herein provided.

(Ord. 536; Code 2018; Ord. 2019-04)

Any police officer or animal control officer may seize, upon private or public property, any animal which has bitten a person or another animal. Impoundment, examination and confinement periods as are necessary to protect human and/or other animals. Any animal which has bitten a persons or other animals shall be quarantined for ten days. All fees or costs relating to impoundment, observation, and/or testing shall be paid by the animal owner, or in cases where the animal owner cannot be found, the cost of sheltering and observation shall be paid by the city (not testing).

(Ord. 536; Code 2018; Ord. 2019-04)

Quarantine of animals bitten by a known or suspected rabid animal shall take place as follows:

(a)   Stray, unclaimed or unwanted domestic animals shall be held for ten days then euthanized.

(b)   Wild animals, whether owned or un-owned, shall be euthanized immediately.

(c)   Owned, wanted dogs and cats which are not immunized against rabies shall be quarantined for ten days under the supervision of the animal control division.

(d)   Owned, wanted dogs and cats which, in the judgment of the animal control officer, are properly immunized against rabies, shall be kept by the registered owner on the owner’s property and observed for three days by the owner.

(e)   All fees, costs and boarding expenses under this section shall be at the expense of the owner of any such animal.

(Ord. 536; Code 2018)

(a)   If, at the end of the required quarantine period, a quarantined animal is found to be free of rabies, the animal control division or his or her designee shall order the release of the animal to the owner if the rabies vaccination provision of this chapter has been complied with and any impoundment fees have been paid by such owner.

(b)   If a head is submitted for rabies diagnosis, the cost of removing the head and shipping it shall be paid by the owner of the animal.

(c)   The animal control division may order that all impoundment fees for the quarantine be paid by the person bitten or scratched if:

(1)   The animal has a rabies vaccination certificate;

(2)   The animal was on property under the control of the animal’s owner when the bite or scratch occurred; and

(3)   The bite or scratch occurred when the animal was acting to defend its owner or the property, or after provocation.

(d)   If the animal is a wild animal, the animal control division may order that all fees be paid by the person who was bitten or scratched.

(Ord. 536; Code 2018)

(a)   If the animal biting or scratching a person is a wild animal, the animal shall be humanely destroyed in such a manner that the brain is not mutilated. The head shall then be submitted to a laboratory certified by the Kansas Department of Health for rabies diagnosis.

(b)   If an animal being quarantined becomes ill, it may be humanely destroyed in such a manner that the head is not mutilated. The head shall then be submitted to a laboratory certified by the Kansas Department of Health for rabies diagnosis. The head of each animal dying while in quarantine shall also be submitted for rabies diagnosis.

(Ord. 536; Code 2018)