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 over a 48-hour-period.
(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 Control Officer – The Mayor of the City may appoint person(s) to be known as the Animal Control Officer(s) whose duties it shall be to assist in the enforcement of this article; said Animal Control Officer (s) shall be a Deputy Marshal and under the direction of the City Police.
(d) 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.
(e) At-large – any dog or pup shall be deemed to be at large when it is off the premises of tis owner’s real property and not restrained by a competent person.
(f) 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.
(g) Cat - means any member of the species felis catus, regardless of sex.
(h) Competent Person – a human being that is capable of controlling the dog(s) or pup(s) in question and to whose command the dog(s) or pup(s) is (are) obedient.
(i) Dangerous or Vicious Animal - means any animal deemed to be dangerous or vicious per section 2-115.
(j) Dog – shall mean all members of the canis familaris, male or female, six months of age or older.
(k) Fowl - means all animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.
(l) 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.
(m) Household – Those members of a family living in the same dwelling unit.
(n) 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.
(o) 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.
(p) Immediate Control - means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
(q) 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 dogs.
(r) Livestock - includes, but is not limited to cattle, horses, goats, sheep or other animals commonly regarded or used as farm or ranch animals.
(s) Neutered - means any male or female cat or dog that has been permanently rendered sterile.
(t) Notice – any requirement set forth in this article which requires that information be conveyed to another person or persons; all notices shall be in writing and shall be served upon the party to receive the information by depositing the same in the U.S. Mail, by certified mail, return receipt requested, postage prepaid, or in person or by telephone message.
(u) Own – shall be deemed to mean and include, own or keep, or harbor, or shelter, or keeps, or controls, or manages, or possess, or has part interest in any dog, or pup. If a minor owns a dog or pup subject to the provisions of this article, the head of the household of which such minor owners is a member, shall be deemed the owner of such animal and shall be as responsible as the owner whether or not such household head is himself a minor. If not a member of a household, such minor owner shall himself be directly subject to the provisions of this article.
(v) 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.
(w) Person – shall mean any individual, firm, association, partnership or corporation.
(x) Pup. – shall mean all members of the canis familaris, male or female, less than six months of age.
(y) Restraint – A dog or pup off the premises of its owner’s real property is under restraint in the meaning of this article:
(1) If it is controlled by a line or leash not more than 15 feet in length, when said line or leash is held by a competent person;
(2) When at “heel” of a competent person;
(3) When within a vehicle being driven, parked or stopped; or
(4) When not more than 100 feet from a competent person, if such dog or pup is not annoying any human being or domestic animal or trespassing on private property, or in a public area where dogs or pups are forbidden.
(z) Right of Entry – the Animal Control Officer shall have the right of entry onto any unenclosed 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 dwelling used for residential purposes except for the purposes 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.
(aa) Vaccination – shall mean the injection, by the veterinarian, or his authorized agent, of a specified dog of anti-rabies vaccine into the body of a dog.
(bb) Veterinarian - means a Doctor of Veterinary Medicine licensed by the State of Kansas.
(cc) Vicious Dog – shall mean any dog or pup which is fierce, or dangerous, or mean, or uncontrollable; or one that has previously attacked or bitten any person or domestic animal or possesses a propensity to attack or bite a person or domestic animal.
(Ord. 520; Code 2016)
(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 city council 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 mayor of the city.
(b) Except as provided in subsection (c), it shall be the duty of the animal control officer to take up 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, within 10 days, appear in the municipal court of the city to answer the charged violation of this chapter.
(Code 2016)
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 vicious 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, capture or tranquilize.
(Ord. 520; Code 2016)
(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, to the extent allowed by law.
(b) It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties.
(Code 2016)
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 cats and animals otherwise in violation of the provisions of this chapter.
(b) Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter.
(c) Individual isolation facilities for sick, biting, rabid and suspected rabid animals.
(d) Facilities for the humane destruction of animals.
(Code 2016)
(a) 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 an 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 impounding any animal.
(b) It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed, or interfere in any way with the care of impounded animals.
(Code 2016)
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 horses, 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.
(Code 2016)
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 so designed to trap and hold animals without injuring the animals.
(Code 2016)
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 2016)
The keeping or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, 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 animal 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 2016)
(a) 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.
(b) Excrement shall be removed at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
(c) All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
(d) All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.
(e) Barbed wire fences and electrically charged fences shall not be permitted for animal confines except on properties for which an agricultural classification permit is held or where the barbed wire fence or electrically charged fence is protected by an exterior fence.
(f) All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public health official. If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.
(Code 2016)
Animal shelters owned or operated as a stockyard or commercial holding pen shall be adequately maintained and cleaned as often as is necessary, as determined by the health officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:
(a) Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant, or by proper dispersal on land used for agricultural purposes.
(b) Grain or protein feed shall be stored in tightly covered rodent- proof metal containers or rodent-proof bins.
(c) Premises subject to the terms of this section shall be maintained free of rodent harborage and in accordance with sections 8-601:608 of this code.
(d) Wherever reasonable, use shall be made of anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.
(e) Wherever reasonable, use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.
(f) Enclosures including fences where animals such as horses, cows, sheep and goats are maintained shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent such animals from breaking out or causing hazard to persons or property.
(g) The solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a residential classification permit as herein provided shall be stored in metal containers, with tight- fitting metal lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
(h) Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms of this chapter shall be surfaced with concrete or asphaltic materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the health officer. The health officer shall waive this standard for domestic animal holding operations where such animal holding is longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses or sheep.
(i) Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a commercial, industrial or agricultural permit according to the terms of this chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the health officer; provided that all solid waste shall be properly disposed of at least once each week or as may be approved by the health officer.
(Code 2016)
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 2016)
(a) Prohibited: No person shall own, keep, or harbor any dangerous or vicious animal in the City of Wellsville. “Person” includes any natural person, association, partnership, organization or corporation.
(b) Defined: For purposes of this chapter a dangerous or vicious animal shall include:
(1) Any mammal, amphibian, fish, reptile or fowl which is of a species which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well-being, or property, including but not limited to, lions, tigers, leopards, panthers, bears, wolves, apes, gorillas, monkeys of a species whose average adult weight is 20 pounds or more, foxes, elephants, alligators, crocodiles, and snakes which are venomous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup including, but not limited to boa constrictors, Madagascar ground boas, green and yellow anacondas, Cuban boas, Indian pythons, reticulated pythons, African rock pythons, Amethystine pythons, Boelen’s pythons and all members of the family pythonidae that exceed six feet in length.
(2) Any dog or cat having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a “dangerous and vicious animal.” For the purposes of this chapter, where a dog or cat has bitten any person or persons, it shall be prima facie evidence that said dog or cat is a dangerous animal.
(3) Any pit bull dog. “Pit bull dog” is defined to mean any and all of the following dogs;
(A) The Staffordshire Bull Terrier breed of dogs;
(B) The American Staffordshire Terrier breed of dogs;
(C) The American Pit Bull terrier breed of dogs;
(D) Dogs which have the appearance and characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.
The registration of a dog at any time in any jurisdiction as a pit bull or any of the dogs listed above shall constitute prima facie evidence that said animal is prohibited by this section.
(4) Any domesticated dog that has in its known genetic history and/or formal pedigree crossbreeding with the wolf species to include, but not be limited to, animals referred to as wolf-hybrids or wolf-mix breeds or the breed known as Tundra Shepherd. The registration of an animal at any time in any jurisdiction as a wolf-hybrid, wolf mix or Tundra Shepherd shall constitute prima facie evidence the animal is prohibited by this section. For the purposes of this section all references to animals described herein shall be to wolf-hybrids.
(c) Complaint: Upon receipt of information that a person owns or is keeping or harboring a dangerous or vicious animal in violation of this chapter in the City, the City Clerk or his/her authorized agent shall forthwith cause the matter to be investigated; and if after investigation, the facts indicate that such person is in fact the owner or is keeping or harboring any such dangerous or vicious animal in the City, he/she shall forthwith send written notice to such person requiring such person to safely remove said animal from the City. Notice as herein provided shall not be required where such dangerous or vicious animal has previously caused serious physical harm or death to any person or has escaped and is at large in which case the City Clerk shall cause said animal to be immediately seized and impounded, according to the provisions of subsection (d), or killed if seizure and impoundment are not possible without risk or serious physical harm or death to any person.
(d) Seizure and Impoundment of Dangerous Animals. The City Clerk or his/her authorized agent shall forthwith cause to be seized and impounded any dangerous or vicious animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to subsection (c). Upon a seizure and impoundment, said animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals. If, during the course of seizing and impounding any such animal, the animal poses a risk, of serious physical harm or death to any person, such person or persons authorized by the City Clerk may render said animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then said animal may be killed.
(e) Release of: 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 violation of this chapter. The municipal judge may, upon making a finding that an animal is vicious 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.
(f) Violations/penalties. Any person violating or permitting the violation of any provision of this article shall upon conviction in the Municipal Court be fined a sum not less than $200 and not more than $1,000. In addition to the fine imposed, the Court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. In addition, the Court shall order the registration of and permit for the subject dangerous or vicious dog 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 article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.
(g) Fines. Any reasonable costs incurred by the City in seizing, impounding, confining or disposing of any dangerous or wild animal, pursuant to the provisions of this Chapter shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the City Clerk.
(Ord. 750; Code 2016)
(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, and any dog found to be running at large will be impounded per section 2-207, and its owner or harborer ticketed and fined as set forth in the City Fee Resolution.
(b) 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 Mayor of the city of Wellsville to pursue and capture such dog running at large and to enter private property, as defined in 2-101.
(Ord. 520; Code 2016)
(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 and the costs of feeding and maintaining the animal while impounded, said fees and costs as set forth in the City Fee Resolution.
(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 three business days from the date of the notice, that the animal will be disposed of as provided in this code.
(Code 2016)
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 (vicious) and 2-119 (rabid), the owner thereof may redeem the animal by paying the animal control officer or any person in charge, the impounding fee and all costs incurred as a result of such impoundment.
(Code 2016)
(a) Any dog or pup which is suspected of having rabies, or any dog or pup which has bitten a person and has thereby caused a laceration of the skin of such person, shall be seized and confined in a veterinary hospital for a period of fourteen (14) days; provided however, the period of confinement may be shortened at the discretion of the veterinarian. All expenses incurred during period of confinement in a veterinary hospital shall be borne by the owner. If any dog or pup so impounded is not claimed by the owner within the fourteen (14) day period, then the veterinarian shall at the termination of the fourteen (14) days transfer said dog or pup to the impounding facilities of the City where such dog or pup shall be disposed of according to the provisions of section 2-207
(Ord. 520; Code 2016)
Any dog or pup bitten by a known rabid animal shall be seized and confined in a veterinary hospital.
(Ord. 520; Code 2016)
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 2016)
(a) No person or household shall own or harbor more than dogs of six months of age or older or more than one litter of pups, or more than cats of more than six months of age or more than one litter of kittens, or more than a total of 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, without having obtained a kennel license from the city clerk.
(b) Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been issued by the animal control officer certifying approval of the kennel and compliance with the applicable laws of the city and the State of Kansas, and a certificate by the zoning code enforcement officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the city clerk has not received any protest against the kennel, the city clerk may issue a renewal of an existing kennel license at the same location without any report from the animal control officer and zoning code enforcement officer. If the animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the city clerk, and the license shall not be renewed except after a public hearing before the governing body.
(c) The animal control officer, the zoning enforcement officer, or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.
(d) The governing body may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following:
(1) The kennel is maintained in violation of any applicable law of the State of Kansas, or of the city.
(2) The kennel is maintained so as to be a public nuisance.
(3) The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.
(e) The annual kennel license fee shall be as set forth in the City Fee Resolution. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this chapter.
(f) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.
(Code 2016)
(a) No animals except those used by the handicapped to aid them with their disability are allowed to reside in the business district of the City of Wellsville on Main Street between Fourth Street and Seventh Street, excluding residential homes located on the 600 block of Main Street.
(b) Anyone convicted of violating any of the provisions of this article for which another penalty is not provided shall be punished for a conviction thereof by a fine of not more than $500 or by imprisonment for not more than 10 days or by both such fine and imprisonment.
(Ord. 615; Code 2016)