CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 2. Impounding Animals

(a)   It shall be the duty of the police officer or the animal control officer or designated agent to capture or take into custody and impound all animals at large within the corporate limits of the city. If the animal so running at large cannot be captured by the officer or designated agent and represents a threat to persons or other animals, it shall be lawful for the officer to tranquilize or kill any such animal by any available means.

(b)   The animal control officer for the city may impound any animal observed to be at large, whether the animal is on public or private property, subject to the applicable provision of the law. If the animal control officer observes an animal on property which is owned by a person other than the owner of the animal, and observes the animal return to the property of its owner, the animal control officer may impound the animal or issue a citation for the animal running at large. In the event the animal is on private property or property of the animal’s owner, the animal control officer, his/her agent, or police officer may enter the property, other than a private dwelling for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of this title and law.

(c)   Proof that an animal was found at large in violation of this section, together with proof that the defendant was the owner of such animal at the time, shall constitute prima facie evidence that the defendant allowed or permitted the animal to be at large.

(d)   Any animal 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 to pursue and capture such animals running at large and to enter a private property.

(e)   Any police officer or animal control officer, 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 the animal shelter for disposition.

(f)   Any law enforcement officer, including the animal control officer or designated agent, 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 animal or property.

(Ord. 536; Code 2018)

(a)   It is unlawful for any person to knowingly and intentionally to harbor, feed, keep in possession by confinement, or otherwise allow to remain on their property any animal which does not belong to him or her, it shall be the duty of the owner of the property to notify the animal control officer of the animal. Upon receiving such notice, the animal control officer or person duly authorized by the city manager shall take such animal and place it in the animal shelter.

(b)   It is unlawful for any person to refuse to surrender any such stray animal to the animal control officer or person duly authorized by the city council upon demand.

(Ord. 536; Code 2018)

It shall be the duty of the police officers, or the animal control officer or designated agent, to take into custody and impound all dogs or cats found in the city which are not provided with or wearing a license tag for the current year, as required by Chapter 5 of this title. A license tag for the year immediately preceding the current year will remain in effect until March 1st of the current year.

(Ord. 536; Code 2018)

If an animal impounded under this chapter has no current animal license, as provided for by Chapter 5, it shall be kept for three business days, and if within that time the owner does not appear to claim such animal, it may be adopted, euthanized or otherwise disposed of. If, within three days of the impoundment date, the owner of an impounded animal shall appear and claim such animal, the animal shall be turned over to the person claiming it upon payment of an impounding fee of twenty dollars ($20.00) if picked up within twenty-four (24) hours, and standard boarding fee of ten dollars ($10.00) for each additional day or portion thereof such animal remains impounded, and upon compliance with the requirements of this article, provided that all stray animals or animals found running at large and picked up by the police officers, animal control officer or designated agent, shall be held and disposed of in accordance with the laws of the state pertaining to stray animals.

(Ord. 536; Code 2018)

When any animal is found to be in violation of this article and the owner can be identified, the animal control officer or police officer may in addition to or in lieu of the impoundment provided for under of this chapter, issue to the known owner a notice to appear for violation of this chapter, in the same manner as notices to appear are given in traffic violation cases as set out in other sections of this code.

(Ord. 536; Code 2018)

(a)   Any person who desires to redeem an animal which has been impounded shall provide reasonable proof of ownership and shall pay to the city clerk or designated agent the standard claim fee of twenty dollars ($20.00) for such animal plus a standard daily boarding fee often dollars ($10.00) for each day or fraction thereof that the animal has been impounded, to cover the expense of feeding and caring for such animal. Such animal shall be delivered to the person upon the payment of the above cost and proof of ownership of a current license, in the case of dogs and cats. The City Council shall from time to time establish the amount of the claim fee and daily board fee for all animals as required in this section.

(b)   Except as may be provided elsewhere in this chapter, the owner of any animal impounded in accordance with this chapter may reclaim, on any workday, such animal upon showing satisfactory proof of ownership and paying all impoundment and boarding fees and any other expenses incurred by the city or its agent in keeping the animal or attempting to locate the owner of the animal. If the owner does not pay such fees, or some alternate fee satisfaction. The animal may be sold or otherwise disposed of by the city or its agent.

(c)   If a dog or cat has been impounded on two prior occasions, the dog or cat must be spayed or neutered before being released to the owner of the impounded animal on a third occasion. The owner of the dog or cat will be responsible for arranging for the spay or neuter surgery. The dog or cat will be transported to the veterinarian by an animal control officer or an employee or agent of the animal shelter. The cost to spay or neuter the dog or cat shall be paid by the owner, along with impoundment and boarding fees, either to the animal shelter or to the veterinarian in advance of transporting the animal for the surgery. After the surgery is performed, the veterinarian may release the dog or cat to the owner.

(Ord. 536; Code 2018)

(a)   All animals which are adopted from the animal shelter shall be surgically altered to prevent reproduction by that animal. Any animal adopted from the animal shelter or other agent of the city, will be altered before it leaves the animal shelter. If the animal being adopted is not able for reasons of age or medical reasons to be sterilized a general adoption agreement setting a date that the animal being adopted must be surgically altered by (generally dogs and cats could be altered after reaching twelve (12) weeks of age).

(b)   Failure to comply with this section or failure to comply with the terms of this adoption contract shall give the animal control officer the right to recover the adopted animal in question and revoke the owner’s adoption contract. Such failure shall also constitute a violation of this chapter.

(c)   The adoption fee shall be increased or decreased as needed by policy, to include and cover the cost of surgically altering, sheltering, medicating, vaccinating and preparing the animal for adoption.

(d)   This section’s requirements of altering and adoption fee shall not apply where cooperative agreements between the animal control division and any welfare group are made for the placement with such groups of animal subject to adoption. Likewise, this section’s requirements shall not apply to animal transfers made under cooperative agreements between the animal control division and other governmental entities.

(e)   Any person who desires to adopt an animal remaining unclaimed after the holding period described in this chapter shall pay any standard adoption fee of $150, or as otherwise established from time to time by the City Council, and in addition, shall comply with this title, concerning obtaining a current license for the adopted animal, and with state law concerning spaying or neutering

(K.S.A. 47-1731; Ord. 536; Code 2018)

It is unlawful for any person to break open or attempt to break open the animal shelter or any enclosure used for impounding dogs and cats, or to take or let out any dog or cat placed in such pound or facility by an officer of the city or designated agent, or take or attempt to take from any such officer any dog or cat taken up by him or her under the provisions of this title; or in any manner interfere with or hinder any such officer in the performance of his or her duties hereunder.

A violation of this provision is a Class A Misdemeanor.

(Ord. 536; Code 2018)