The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means for an owner or keeper to relinquish custody of an animal without the intent to recover or resume such custody. Abandon also includes the leaving of an animal by its owner or keeper for more than twenty-four (24) hours without making effective provisions for its proper care, or turn out or release of an animal for the purpose of causing it to be impounded.

Animal means any live, vertebrate creature, domestic or wild, other than humans, and including all fowl.

Animal control officer means the person duly authorized by the city administrator to perform the duties authorized by this chapter and any police officer who may act through the chief of police to perform a duty under this chapter, unless otherwise specifically stated.

Animal hospital means any facility which has the primary function of providing medical and surgical care for animals and is operated by a currently licensed veterinarian.

Animal shelter means the facility or facilities operated for the purpose of impounding or caring for animals under the authority of this chapter or state law.

At-large means to be: (1) outside of the owner or keeper’s property, fence, or other enclosure which restrains the animal to a particular premise, or (2) not under the control, by leash, chain, 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”.

Bite means any actual abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal.

Cat means any member of the Felis Catus family, male or female, regardless of age.

Catterie means any establishment where more than four purebred or mixed breed cats, registered under any nationally recognized cat fancy group, society or association, are kept as a hobby or profit where the breeding of such animals is for the improvement of the breed, and where such cats are kept in a specific, indoor, enclosed area at all times.

Commercial animal establishment means any pet shop, grooming shop, auction, riding stable, guard dog service, kennel, hobby breeder, catterie, animal shelter, other than that operated by the city, animal hospital, business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments.

Dog means any member of the Canis Familiaris, male or female, regardless of age. Fowl means any animal that is included in the zoological class aves.

Hobby breeder means any person who owns more than four purebred or mixed breed dogs over five months of age, where such dogs are habitually lodged or fed within such person’s house or premises, for the purpose of improving the breed, and who raises no more than two litters of pups per year.

Household means all persons living in the same dwelling unit.

Humane euthanasia means that proper injection of a substance that quickly and painlessly terminates the life of an animal, or any method approved by the American Veterinary Medical Association of the American Veterinary Medical Association of the American Humane Society or K.S.A. 47-1718.

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.

Humane officer means any staff person employed at the city animal shelter.

Inhumane or cruel treatment or manner means any treatment to any animal which deprives the animal of necessary sustenance, including sufficient wholesome food, potable water and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment that causes suffering to such animal.

Kennel means any premises upon which five or more cats or dogs are kept, boarded, bred, trained for a fee, bought and/or sold, except for commercial establishments otherwise enumerated in this chapter.

Large animal means any swine, bovine, horse, mule, donkey, and other equine, goat, sheep, beast of burden, or any other domestic or wild animal of similar or larger size.

Neutered means any male or female cat or dog that has been permanently rendered sterile.

Own or owner means any person who feeds or shelters any unowned animal for 24 or more consecutive hours or who professes ownership of such animal, shall be deemed to be owning. If a minor owns an animal, then any household head of which such minor is a member shall be deemed the owner of such animal under this chapter and shall be responsible as the owner, whether or not such household head is a minor. If not a member of a household, such minor shall be directly subject to the provisions of this chapter.

Premises means any parcel of land and any structures thereon in which any animal regulated by this chapter is housed and/or confined.

Registration tag means any system of animal identification approved by the city administrator which does not involve alteration or permanent marking of any animal.

Residential structure means a building, all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, lodginghouses, manufactured home, dormitories, sororities and fraternities.

Small animal means any animal not within the definition of large animal, but including all dogs without reference to size.

Summons means a violation of notice requiring the violator to appear before the municipal judge, or in lieu of such appearance, to pay such fine as is prescribed in this chapter.

Wild animal means any animal which is predominately free roaming as opposed to domesticated.

(Ord. 3163, § 1, 12-13-94; Ord 2456, 03-28-16; Code 2016, Sec. 10-1)

It is unlawful for any person to interfere with the duty of the animal control officer or any police officer by removing, or causing to be removed, the identification tag of any cat or dog without the consent of the owner thereof; to refuse to identify oneself upon the request of the animal control officer or any police officer when such officer has probable cause to believe that such person has violated this chapter; or in any other manner to prevent the lawful discharge of enforcement duties prescribed by this chapter.

(Ord. 3163, § 4(f), 12-13-94; Code 2016, Sec. 10-2)

Any owner of any animal shall meet any requirements for the reporting of animal bites, the confinement of animals that have bitten persons, or any other duties prescribed by the animal control officer through regulations issued to protect the public health.

(Ord. 3163, § 5, 12-13-94; Code 2016, Sec. 10-3)

It shall be unlawful for any person to keep on any private premises in the city, or to feed and care for any such animal therein on any lot or in any enclosure or building located within 200 feet of the dwelling house or residence of any person other than the owner or keeper of such animals; except for the keeping and caring for registered domesticated dogs, cats, or other permitted animals. Permitted domesticated animals may be kept in enclosures that abide be existing setback and other requirements.

(Code 1988, § 2-104; Ord. 3438, § 2, 9-8-14; Code 2016, Sec. 10-4)

It shall be unlawful for any person having charge of any animal used for riding or driving to permit the animal to stand unattended upon any street, avenue, alley or public ground or any unenclosed tract of land within the city unless such animal is securely fastened or tied by a rope, chain or leather strap which shall be securely fastened to some object capable of holding such animal.

(Code 1988, § 2-106; Code 2016, Sec. 10-5)

It shall be unlawful for any person to keep, harbor or feed any living swine or goats within the corporate limits of the city. The provisions of this article shall not apply to exhibitions authorized to be held in Riverside Park, shippers preparing to ship swine over railroads or the keeping of swine or goats in company stockyards.

(Code 1988, § 2-112; Code 2016, Sec. 10-6)

(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 such excrement is stored on the premises of any animal owner, it shall be stored in adequate containers with flytight 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 animal control officer or police officer. If the animal control officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, the animal control officer shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on such owner prior to filing a complaint in municipal court. 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.

(e)   Animal pens must be adequately sized. Adequate size shall be based on the length of the animal being held. Space must be three times the length of the animal squared; i.e. a dog measuring three feet in length would require a pen that is at least (3 ft. × 3)2 = 81 sq. ft. Pens must be constructed in a workmanlike manner and must comply with all accessory structure setback requirements.

(f)    Animals held in a pen either full-time or for short durations, shall be provided with shade and protection from weather.

(Ord. 3163, § 7, 12-13-94; Ord. 3438, § 3, 9-8-14; Code 2016, Sec. 10-7)

(a)   The owner of any animal shall take all reasonable measures to keep such animal from becoming a nuisance. For the purpose of this section, the term “nuisance” is defined as any animal which:

(1)   Molests or interferes with persons in the public right-of-way;

(2)   Attacks or injures persons, or other domestic animals;

(3)   Damages public or private property by its activities or with its excrement;

(4)   Scatters refuse that is bagged or otherwise contained;

(5)   Causes any condition which threatens or endangers the health or well-being of persons or other animals.

(6)   Bite means any actual abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal.

(b)   If a summons is issued charging violation of this section, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.

(Ord. 3163, § 11, 12-13-94; Ord 3456, 03-28-16; Code 2016, Sec. 10-8)

(a)   The following definitions and conditions shall apply to this section:

Excessive noise means any animal noise which is so loud and continuous or untimely as to disturb the sleep or peace of a neighbor.

Neighbor means any person residing in a residence structure which is within 100 yards of the property on which the animal is owned.

(b)   It shall be unlawful for the owner of any animal to permit such animal to make excessive noise, including loud, frequent and habitual barking, howling, yelping, meowing, roaring, or screeching, that disturbs a neighbor.

(c)   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.

(d)   If a summons is issued charging violation of this section, a subpoena shall also be issued to the disturbed neighbor to testify to the disturbance under oath.

(Ord. 3163, § 12, 12-13-94; Ord 3456, 03-28-16; Code 2016, Sec. 10-9)

It shall be unlawful for the owner of any animal to permit such animal to run at large within the city at any time. Any animal shall be deemed running at large when such animal is not inside a residence structure, secure fence or pen, on a leash held by a person capable of controlling such animal or tethered as permitted under section 2-114 of the Iola Municipal Code in such a manner as to prevent its getting onto public rights-of-way or another’s property. This section shall not apply to dogs being obedience trained, or to cats, which shall, however, be kept under reasonable restraint to prevent such nuisance activities as prohibited in section 2-108. Any animal found at large, including those that are registered with the City of Iola, may be impounded as provided in Section 2-205.

(Ord. 3163, § 10(a), 12-13-94; Ord. 3438, § 4, 9-8-14; Ord 3456, 3-28-16; Code 2016, Sec. 10-10)

No animal shall be allowed to enter any theatre, store or other public building in the city, whether accompanied by its owner or person in charge or otherwise, except with the approval of the building’s owner or manager. Dogs trained to assist the blind, deaf or other specially trained helper dogs are exempt from this section.

(K.S.A. 39-1101 et seq.; Ord. 3163, § 16, 12-13-94; Code 2016, Sec. 10-11)

The owner of any animal, when such animal is off the owner’s property, shall be responsible for the removal of any feces deposited by such animal on public walks, streets, recreation areas or private property, and it shall be a violation of this section for such owner to fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defecation occurred.

(Ord. 3163, § 17, 12-13-94; Code 2016, Sec. 10-12)

It shall be unlawful for any person to keep, harbor or feed any domesticated fowl within the corporate limits of the city. The provisions of this section shall not apply to exhibitions authorized to be held in Riverside Park or the keeping of domesticated fowl for the immediate purpose of processing.

(Ord. 3249, § 1, 5-23-99; Code 2016, Sec. 10-13)

It shall be unlawful to continuously tether an animal for more than one continuous hour, except that tethering of the same animal may resume after a hiatus of three continuous hours.

(a)   For the purpose of tethering an animal, a chain, leash, rope, or tether shall be at least ten feet in length, and not less than three times the length of the animal from tip of nose to base of tail.

(b)   A chain, leash, rope, collaring device, tether, or any assembly or attachments thereto used to tether an animal shall not weigh more than 1/8 of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area tethered.

(c)   Animals shall be tethered in such a manner as to prevent injury, strangulation, or entanglement on fences, trees, or other man made or natural obstacles.

(d)   It shall be unlawful to tether an animal without access to shade when sunlight is likely to cause overheating. Appropriate shelter shall be provided to ensure the animal has access to insulation and protection against cold and dampness when the atmospheric temperature falls below 40 degrees Fahrenheit.

(e)   It is unlawful to attach chains or other tether restraint implements directly to an animal without the proper use of a collar, harness, or other device designed for that purpose and made from a material that prevents injury to the animal. Use of a choke or pinch type collar for tethering is prohibited.

(f)    Continuous tethering of an animal may be permitted by the animal control officer for a limited period of time, that being 30 days, during special circumstances such as repair or replacement of a fence, or temporary custody of an animal. In addition, after the adoption of this section, any citizen that currently tethers an animal will be given the same 30-day period of time to come into compliance with the requirements of this section.

(Ord. 3438, § 1, 9-8-14; Ord 3456, 3-28-16; Code 2016, Sec. 10-14)