Chapter II · Animal Control and Regulation

ARTICLE 2. ADMINISTRATION AND ENFORCEMENT

Sections 2-201 to 2-207 · 7 sections

2-201 Duties of city administrator.

(a)Except where otherwise provided, it shall be the duty of the city administrator, through the chief of police and the animal control officer, to administer and enforce the provisions of this chapter directly or through assigned staff. The chief of police shall keep a record of all animal shelter transactions and all enforcement and investigative activities.

(b)The city administrator is authorized to develop administrative regulations necessary to implement the provisions of this chapter, including procedures for animal enumerations, contracting with an animal shelter for impoundments and such other fees required by this chapter but not specified in this chapter.

(Ord. 3163, § 2, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-46)

2-202 Duty of the police department.

It shall be the duty of the police department officers to enforce the provisions of this chapter and any regulations issued by the city administrator, and to assist the animal control officer in enforcing the provisions of this chapter.

(Ord. 3163, § 3, 12-13-94; Code 2016, Sec. 10-47)

2-203 Summons issuance; authorization.

The animal control officer and the chief of police are hereby authorized to issue a summons to the owner of any animal in violation of any provision of this chapter. Such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other provisions of this chapter.

(Ord. 3163, § 4(a), 12-13-94; Code 2016, Sec. 10-48)

2-204 Right of entry of private property to investigate animal’s condition.

In the interest of animal welfare, any person owning any animal in the city by so doing does thereby authorize the animal control officer or chief of police to enter upon private property, other than within any residence where such animal is kept, if the officer has probable cause to believe the animal is being kept in a cruel or inhumane manner, for the purpose of examining such animal and impounding such animal at the animal shelter when, in such examiner’s opinion, it is being kept in an unlawfully cruel or inhumane manner. The animal control officer shall have 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 code.

(Ord. 3163, § 4, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-49)

2-205 Impoundment of animals in violation of chapter.

(a)The animal control officer and chief of police or their designees are hereby authorized to take up and impound any animal in violation of any provision of this chapter if the person owning such animal cannot be issued a summons because such person is not known or not present. Such animal shall be confined at the animal shelter in a humane manner and shall be released upon satisfactory proof that the party claiming the animal is entitled to possession thereof, and upon payment to the city clerk of all recovery fees established.

(b)Any animal that has bitten a person may be removed from the property of its owner by the animal control officer or any police officer if such animal is in violation of examination or observation requirements prescribed by the article.

(Ord. 3163, § 4(b), (d), 12-13-94; Code 2016, Sec. 10-50)

2-206 Tranquilizing gun authorized; killing authorized under certain conditions.

(a)City police officers shall be authorized to use a tranquilizer gun in the enforcement of this chapter. They shall be authorized to kill any dog or cat which is impractical or impossible to catch, capture or tranquilize and which is endangering any person.

(b)City police or animal control officers are hereby authorized to use humane live traps to capture any animal whose presence on private or public property constitutes a nuisance to persons. If there is a threat to the public health or the health of domestic animals, the chief of police may authorize other means to capture or destroy animals deemed to be dangerous.

(Ord. 3163, §§ 4(e), 24, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-51)

2-207 Collecting, maintaining records and remittance of fees.

The city clerk’s office is authorized and empowered to collect the license and impounding fees and penalties described in this article.

The Iola Animal Clinic, 3075 N State St, Iola, Kansas, is also hereby authorized and empowered to collect the license fees and penalties described in this article on behalf of the city, to maintain a record of all such fees collected and to remit all such fees and penalties, along with appropriate reports, to the city clerk on a monthly basis.

(Ord. 3163, § 25, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-52)