For the purposes of this chapter, the following words and phrases shall mean:
(a) Abandon includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.
(b) Animals means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.
(c) Animal Shelter mean the facility or facilities operated by the City of Stockton or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.
(d) At-large means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be “At-large.”
(e) Bite means any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.
(f) Cat means any member of the species felis catus, regardless of sex.
(g) Dangerous Animal means any animal deemed to be dangerous or vicious per section 2-116
(h) Nuisance Animals means any animal deemed to be a nuisance per section 2-112.
(i) Dog means any member of the species canis familiaris, regardless of sex.
(j) Fowl means all animals that are included in the zoological class aves.
(k) Harborer 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.
(l) 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.
(m) 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.
(n) Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
(o) Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, three or more dogs.
(p) Livestock includes, but is not limited to, cattle, horses, goats, sheep, swine, poultry or other animals normally kept on a farm for profit or consumption of the animal itself or any produce from the animal.
(q) Neutered means any male or female cat or dog that has been permanently rendered sterile.
(r) Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal, including but not limited to cats, dogs, exotic animals, fowl and livestock. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.
(s) Owner means the one who owns, his or her employee, agent, or other competent person into whose charge the actual owner has placed an animal described in subsection (r) above.
(t) Pets includes, but is not limited to birds, cats, dogs, tropical fish, rabbits, or other animals commonly regarded as household pets and not kept for commercial use or personal consumption.
(u) Vaccination means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.
(v) Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.
(Code 1984; Ord. 1373; Code 2015)
The position of animal control officer for the city may be created 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 or law enforcement officer and commissioned by the chief of police 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 chief of police.
(Code 1984; Code 2015)
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 place a humane trap on the property if the resident requests such a trap for the purpose of capturing any animal defined in this chapter creating a nuisance in the city.
(Code 1984)
The impounding officer shall be authorized to use a tranquilizer gun in the enforcement of this chapter. He or she shall be further authorized to kill any animal which it is impractical or impossible to catch, capture or tranquilize.
(Code 1984)
The impounding 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. It shall be unlawful for any person to interfere with the impounding officer in the exercise of this right.
(Code 1984)
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. The pound shall have the following services and facilities as a minimum:
(a) Holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter.
(b) Individual isolation facilities for sick, biting, rabid and suspected rabid animals.
(c) Facilities for the humane destruction of animals.
(d) See Appendix B for City of Stockton/Central Vet Agreement.
(Code 1984; Code 2015)
The governing body shall establish by ordinance reasonable fees to cover costs of impoundment and feeding of various animals which may be impounded, which fees must be paid prior to the release of any animal lawfully impounded.
(K.S.A. 21-4311; Code 1984)
The governing body shall establish by resolution general rules governing the operation of the pound; the means of notifying the public of animals impounded; the length of time for impoundment relative to notice; the destruction of impounded animals; the sale of animals impounded; and such other matters concerning the operation of the pound as deemed proper.
(Code 1984)
(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 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 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 1959, 2-108; Code 1984)
It shall be unlawful for any person to:
(a) Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;
(b) Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;
(c) Have, keep or harbor any animal which is infected with any dangerous or incurable and or painfully crippling condition except as hereinafter provided. The municipal court judge may order a person convicted of violation under this subsection to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be destroyed humanely as soon thereafter as is conveniently possible. This section shall not be construed to include veterinary hospitals or animals under active veterinary care;
(d) Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, except pigeons, under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color. This section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;
(e) Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;
(f) Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal.
(Code 1988)
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 1984)
The owner of any animal shall take all reasonable measures to keep such animal from becoming a nuisance. The definition of “nuisance” includes, but is not limited to, animals whose owners repeatedly allow them to:
(a) Molest or interfere with persons in the public right of way.
(b) Bark excessively
(c) Roam free or unrestrained
(d) Damage public or private property by its activities or with its excrement
(e) Chase vehicles
(f) Scatters refuse that is bagged or otherwise contained.
Any animal in violation of the ordinance may be impounded and the owner fined $15 first offense; $25 for second offense; and $35 for third and each subsequent offense. Any board bills will be paid in addition to the fine.
(Code 1984; Code 2015)
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 and declared to be a public nuisance and unlawful under this chapter. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the nuisance, and if he or she fails to do so, the city may abate the nuisance, by taking up, impounding and/or disposing of the animal at the expense of the owner.
(Code 1984)
(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 daily from any pen or yard area where animals are kept, and if stored on the premises by any animal owner, shall be stored in adequate containers with fly-tight lids •.
(c) All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
(d) All premises on which animals are kept shall be subject to inspection by the chief of police. If the chief of police 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 1984)
All animals which die shall be disposed of by the owner or keepers within 24 hours, by burial, incineration in a facility approved by the city, by rendering or by other lawful means. No dead animal shall be dumped on any public or private property.
(Code 1984; Code 2015)
As used in this article, the definition of a dangerous dog includes, but is not limited to:
(a) Dogs who unprovoked have attacked or bitten a human being or animal or have known propensity, tendency or disposition to attack unprovoked, to cause injury or to endanger the safety of human beings or animals.
(b) A dog which is trained to attack or cause injury or to otherwise endanger the safety of human beings or domestic animals.
(c) Kills a domestic animal without provocation while the dog is off the owner’s property.
(d) Chases or approaches a person upon the streets, sidewalks or any public or private grounds in a menacing fashion or apparent attitude of attack.
No dog may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time such threat, injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. If the trespass is determined to be of an innocent nature, the court may, depending on the circumstances, find the dog to be dangerous. Trespassers do not include anyone engaged in a lawful activity such as postal carriers, meter readers, visitors or strangers knocking on a resident’s door. Trespassers also do not include children running across property lines to retrieve a ball, etc.
No dog may be declared dangerous if it is used by law enforcement officials for law enforcement work.
(Code 1959, 2-208; Code 1984; Code 2015)
Any law enforcement officer may take up, upon private or public property; any animal which has bitten or scratched a person or other animal and impound the animal in a veterinary hospital or animal care facility for a period of not more than 30 days during which time the local health officer shall determine whether or not such animal is suffering from a disease and, if not, the chief of police or animal control officer shall authorize the release of the animal upon payment” by the owner of the boarding fee therefore. The chief of police or animal control officer may authorize the keeping of any such animal on the owner’s premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner.
(Code 1984; Code 2015)
Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer and/or the police department. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:
(a) The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and
(b) If the bitten animal has a current vaccination, it shall be confined for 90 days; and
(c) The bitten animal shall be released from confinement only upon written order from the chief of police or animal control officer, who declares the animal to be free of rabies; and
(d) If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.
(Code 1984; Code 2015)
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 1984)
The city manager, chief of police, or animal control officer is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such a time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any law enforcement officer, or the duly authorized animal officer of the city. The owner of such animal shall be prosecuted for such violation thereof.
(Code 1984)