(a)   Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon the first conviction thereof shall be fined in a sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00); upon a second conviction thereof within the three (3) years immediately preceding shall be fined in a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00); and upon the third or subsequent conviction thereof within the three (3) years immediately preceding shall be fined in a sum not less than two hundred fifty dollars ($250.00) nor more than two thousand five hundred dollars ($2,500.00).

(b)   In addition thereto, the animal which is the subject of the offense:

(1)   In the case of an exotic animal the possession of which within the city is prohibited by this article, shall be ordered removed from the defendant’s possession and either destroyed or otherwise disposed of by the court; or

(2)   In the case of any other animal, upon the third or subsequent conviction thereof within the three (3) years immediately preceding, may be ordered removed from the defendant’s possession and either destroyed or otherwise disposed of by the court; and such defendant may be ordered, under penalty of contempt of court, to dispose of all other animals owned or kept by him or her and not to own, keep or possess any animal for a stated period of time up to two (2) years.

(Code 1961, 6-3-1; Ord. 3653; Code 2023)

(a)   It shall be unlawful for any person or persons to permit or allow any animal belonging to him or her, or under his or her control, to run at large within the city limits. Each day such is allowed or permitted shall be a separate offense.

(b)   It shall be unlawful for any person or persons to permit or allow any animal belonging to him or her, or under his or her control, to go upon the private property of another without the express consent of the owner of such private property.

(c)   Violation of this section shall be punishable as provided in the general penalty chapter of this code. Upon the third or subsequent conviction thereof within the three (3) years immediately preceding, the animal or animals of the offending owner or controller may be ordered removed from the defendant’s possession and either destroyed or otherwise disposed of by the court and such defendant may be ordered, under penalty of contempt of court, to dispose of all other animals owned, kept or controlled by him or her within the city and not to own, keep, control or possess any animals within the city for a stated period of time up to two (2) years.

(Code 1961, 6-3-2; Ord. 3694; Code 2023)

It shall be the duty of the City Manager, or his delegate, to take up or cause to be taken up any of the animals named in section 2-402 or 2-418, found to be loose or running at large within the city.

(Code 1961, 6-3-3; Ord. 2767; Code 2023)

Within twenty-four (24) hours of the taking up of any animal by the City Manager under the authority of this article, he shall notify:

(a)   The sheriff of Anderson County, Kansas, and request that the sheriff take charge thereof and proceed under the terms of chapter 47 of Kansas Statutes Annotated dealing with livestock and domestic animals; and

(b)   In the case of exotic animals, shall notify the owner, if known, of the fact that such animal, describing the same, is impounded and may be claimed by the owner for purposes of disposal only in a manner consistent with the laws of Kansas and the provisions of this article; but failing which reclaiming for disposal, custody will be retained until disposition of any pending complaint before the municipal court of the city, charging a violation of section 2-418.

(Code 1961, 6-3-4; Ord. 2767; Code 2023)

It shall be unlawful for any person to herd, hold, pasture, or detain any herd, drove, or band of sheep, horses, cattle, or any other animals within the corporate limits of the city.

(Code 1961, 6-3-5; Ord. 3653; Code 2023)

Any animal seized and impounded under the provisions of this article shall be provided with proper care, food, and water while confined by or at the direction of the City Manager, or his delegate.

(Code 1961, 6-3-6; Ord. 2767; Code 2023)

If at any time prior to the Anderson County sheriff’s taking charge of any livestock or domestic animal seized and impounded under the authority of this article, the owner shall be entitled to possession of such livestock or domestic animal upon payment to the city of such fees as provided in this article and all expenses incident to such taking up and keeping.

(Code 1961, 6-3-7; Ord. 2767; Code 2023)

(Code 1961, 6-3-8; Ord. 2767; Code 2023)

The city shall levy for taking up and impounding any animal under the authority of this article, the following fees:

(a)   For a single domestic animal fifty dollars ($50.00); and for each additional domestic animal taken up at the same time, an additional ten dollars ($10.00) per head, but not to exceed one hundred dollars ($100.00) for each incident.

(b)   For each exotic animal one hundred dollars ($100.00).

(Code 1961, 6-3-9; Ord. 2767; Code 2023)

The City Manager, or his delegate, shall keep a record, including a complete description of all animals taken up and impounded, showing the time when impounded and the disposition thereof, which shall be open to inspection of the public.

(Code 1961, 6-3-10; Ord. 2767; Code 2023)

(Code 1961, 6-3-11; Ord. 2767; Code 2023)

(Code 1961, 6-3-12; Ord. 2767; Code 2023)

If any person drives or causes to be driven any animal or animals into the city limits of the city, with the intention or the purpose of having such animal impounded, he shall be deemed guilty of a misdemeanor.

(Code 1961, 6-3-13; Code 2023)

(Code 1961, 6-3-14; Ord. 2767; Code 2023)

It shall be unlawful for any person or persons, to permit, suffer or allow, any chicken, chickens, ducks, turkeys, or geese owned by them or under their care or control to run at large or to trespass within the corporate limits of the city, on either public or private property.

(Code 1961, 6-3-15; Code 2023)

It shall be unlawful for any person or persons to keep and maintain within the city any pigs, hogs, or swine; provided, however, this section shall not apply to:

(a)   The transportation in appropriate vehicles of such through said city;

(b)   Zoos, circuses or carnivals;

(c)   The community sales barn located in the northwest corner of the northwest quarter (NW 1/4) of section 30, township 20, range 20; or

(d)   The keeping of any potbellied pig if a permit is issued and if kept in accordance with these rules:

(1)   Application: Any person desiring to keep and possess a potbellied pig shall apply to the City Clerk for a permit on a form provided by the city. The application shall identify the owner and applicant by name, address and telephone number and the pig by call name, breed, age, sex and be accompanied by at least one clear and distinct photograph of the pig. Documentary evidence to establish that the pig on the application is in fact a “potbellied pig” as defined in a later subsection hereof shall also accompany the application. In addition, the owner and applicant must describe the location and shelter facilities for the pig.

       Only one pig may be licensed to any one premises or household, and such animal must be spayed or neutered and be inoculated against, and/or test negative with respect to pseudorabies and swine brucellosis. The owner and applicant shall furnish evidence of liability insurance covering the keeping of such animal in an amount established from time to time by the City Manager. An application fee as established by the City Manager sufficient to reimburse the city for the costs of issuance, including the investigation and inspection shall accompany said application. Such fee shall not exceed one hundred fifty dollars ($150.00).

(2)   Letters: The City Clerk shall send letters to all neighbors of the owner and applicant whose property is within five hundred feet (500’) of the owner or applicant, notifying them of the permit application. Information collected in response to the letters will be used during the permitting process.

(3)   Inspection: Upon application for all new permits, a city animal control officer shall inspect the premises to determine that the manner of keeping said pig does not violate any of the provisions hereof and the premises and owner’s and applicant’s proposed procedures for its care will keep the animal restrained to the licensed premises, except as herein provided. Such restraint provisions must include a sturdy, physical (not just electronic) fence designed to keep the pig confined to the licensed premises and may include one or more additional features.

(4)   Issuance: A permit for the pig shall be issued by the City Clerk providing the owner and applicant meets the following requirements:

(A)  The animal control officer reports that the property has passed inspection; and

(B)  The application has three (3) or fewer points assigned, with one point assigned for each of the following:

(i)    Complaints found to have a factual basis which are submitted to the City Clerk or the police department by a neighbor documenting an animal related nuisance within twelve (12) months preceding the date of the permit application;

(ii)   Animal control violations within twenty-four (24) months preceding the date of the permit application for which the owner and applicant has been found guilty.

(C)  After review of the permit application, the City Clerk may approve permit for a pig that does not meet the qualifications described above, provided the City Clerk or his or her designee, in his or her sole discretion, finds and determines that there is insufficient information or evidence upon which a reasonable person could conclude the proposed application, if a permit was to be granted, would create either a public nuisance or situation in which the pig was likely to be improperly kept as regulated by this section and general animal welfare laws of the city or state.

(D)  The permit shall be valid from the date of issuance through December 31 of each year. The permit shall be exclusive to the identified pig and the particular premises set out in the application and may not be transferred to another animal or premises, nor may the permittee transfer the permit to another owner.

(5)   Revocation: The permit may be revoked upon a showing of one or more violations of this section or any other provisions of this code regulating the keeping of animals. Such permit shall be revoked upon a showing of a false material statement in the application for the permit or upon a showing of chronic, repeated violations which would constitute a point scored against the application in the initial permitting process.

(6)   Renewal: The permit may be renewed by the City Clerk for the next calendar year ending December 31, provided that all of the following conditions are met:

(A)  The pig listed on the permit and original application is the same specific pig listed on the renewal application;

(B)  All dogs and cats owned or kept by the applicant within the city have current city licenses;

(C)  Three (3) or fewer points have been assigned to the renewal application, with points being assigned in the same manner as provided above for original applications.

(D)  An animal control officer has inspected the licensed premises and the property passes such inspection; provided that nothing shall prevent such an inspection of the premises for cause, including any of the following reasons:

(i)    The permit holder has received a citation for violation of any provision of this code regulating the keeping of animals;

(ii)   The city has received one or more complaints concerning the permitted pig the manner in which the pig is kept.

(E)   The renewal application shall be made no later than January 31 following the expiration of the permit sought to be renewed. The renewal shall be accompanied by such information as requested by the city and by a renewal fee of fifteen dollars ($15.00) or one-fourth (1/4) the prevailing fee for a new permit, whichever is greater.

(7)   Requirements: A pig permitted to be kept by the above procedures shall:

(A)  Be kept in such a way as not to create any hazards or nuisances for adjacent landowners and neighbors, including, but not limited to, strange noises and odors;

(B)  Be cared for in a humane manner (provided with wholesome food, adequate water and shelter, adequate exercise); and

(C)  Not to be at large or permitted to trespass on the property of another; and when off the licensed premises, controlled by a leash or other physical means by a competent and capable person. “Voice command” is not permitted when the animal is off the licensed premises.

(8)   Standards: The term “potbellied pig” as used in this section shall mean a purebred animal conforming to the North American potbellied pig breed standard, or other similar organization’s breed standard of equivalent pig to assure a reasonable weight limit and a tractable and nonaggressive disposition. It shall specifically not include any pig or other swine of a generally recognized commercial variety.

(Code 1961, 6-3-16; Ord. 3837; Code 2023)

(Code 1961, 6-3-17; Ord. 2767; Code 2023)

(a)   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 poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.

(b)   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:

(1)   All poisonous animals including rear fang snakes.

(2)   Apes, chimpanzees, gibbons, gorillas, orangutans, and siamangs.

(3)   Baboons.

(4)   Badgers.

(5)   Bears.

(6)   Bison.

(7)   Bobcats.

(8)   Cheetahs.

(9)   Crocodilians, thirty inches (30”) in length or more.

(10) Constrictor snakes, six feet (6’) in length or more.

(11) Coyotes.

(12) Deer, includes all members of the deer family, for example, white tailed deer, elk, antelope, and moose.

(13) Elephants.

(14) Hippopotami.

(15) Hyenas.

(16) Jaguars.

(17) Leopards.

(18) Lions.

(19) Lynxes.

(20) Monkeys.

(21) Ostriches.

(22) Pumas, also known as cougars, mountain lions, and panthers.

(23) Raccoons.

(24) Rhinoceroses.

(25) Skunks.

(26) Tigers.

(27) Wolves.

(c)   The prohibitions of this section shall not apply to zoos, circuses, carnivals, educational institutions, or medical institutions, if:

(1)   Their location conforms to the provisions of the zoning ordinance of the city;

(2)   All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors; and

(3)   Animals are maintained in quarters so constructed as to prevent their escape and minimize noise.

(d)   In addition to any other powers or authorities conferred on the municipal judge, the municipal judge shall have the authority to order any animal described in this section and which is determined to be vicious or of vicious propensities to be confined, destroyed, or removed from the city.

(Code 1961, 6-3-18; Ord. 2767; Code 2023)

(a)   It shall be unlawful for any person:

(1)   Intentionally to kill, injure, maim, torture, or mutilate any animal;

(2)   Abandon or leave any animal in any place without making provisions for its proper care; or

(3)   Having physical custody of any animal and failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal.

(b)   The provisions of this section shall not apply to:

(1)   Normal or accepted veterinary practices;

(2)   Bona fide experiments carried on by commonly recognized research facilities; or

(3)   The humane killing of any animal which is diseased or disabled beyond recovery for any useful purpose.

(Code 1961, 6-3-19; Ord. 2767; Code 2023)