Chapter II · Animal Control and Regulation

ARTICLE 3. CRUELTY AND RELATED OFFENSES

Sections 2-301 to 2-310 · 10 sections

2-301 Euthanization of suffering animals; redemption by owner; payment of expenses by owner.

Any animal impounded for being kept in violation of this article may be ordered to be humanely euthanized by a licensed veterinarian if such veterinarian deems it necessary to relieve suffering. The owner of any animal that is not euthanized shall be entitled to regain custody of such animal only after such custody is authorized by the court. All expenses accrued for the treatment or care of such animal shall be paid by the owner, whether or not such owner seeks to regain custody of such animal.

(Ord. 3163, § 8(b), 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-86)

2-302 Care of animals; acts of unlawful cruelty.

It shall be unlawful cruelty to animals for any person to own any animal and:

(a)Fail to provide such sufficient and wholesome food, potable water, shade and protection from the weather, which shall include a structurally sound, accessible, weatherproof enclosure with adequate bedding, opportunity for exercise, veterinary care when needed to treat injury or illness, unless the animal is instead humanely euthanized, or other care as is needed for the health or well-being of such kind of animal. The weatherproof enclosure shall be of sufficient size to allow the animal to turn about freely, stand, sit, and lie in a comfortable, normal position and to walk in a normal manner. The interior height of the enclosure shall be at least six inches higher than the tallest animal housed in the enclosure.

(b)Abandon or leave any animal in any place.

(c)Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal.

(K.S.A. 21-4310 et seq.; Ord. 3163, § 8(a), 12-13-94; Ord. 3438, § 5, 9-8-14; Ord 3456, 3-28-16; Code 2016, Sec. 10-87)

2-303 Torment or abuse.

No person shall willfully and wantonly kill, beat, cruelly ill treat, torment, overload, overwork or otherwise abuse any animal, or cause, instigate or permit any dogfight, cockfight or other combat between animals or between animals and humans, nor shall any person attend such unlawful exhibition or be umpire or judge at such.

(Ord. 3163, § 8(c), 12-13-94; Code 2016, Sec. 10-88)

2-304 Animals struck by motor vehicles; duties of operator.

The operator of a motor vehicle which strikes any animal shall, as soon as possible, report the accident to the animal control officer or the police department and shall report the accident to the animal’s owner, if the owner can be reasonably ascertained.

(Ord. 3163, § 8(d), 12-13-94; Code 2016, Sec. 10-89)

2-305 Offering of animals as prizes or inducements.

No person shall offer to give any live animal as a prize or as a business inducement.

(Ord. 3163, § 8(e), 12-13-94; Code 2016, Sec. 10-90)

2-306 Exposing poisonous substances.

It is unlawful for any person by any means to make accessible to any animal, with the intent to cause harm or death, any substance which has in any manner been treated or prepared with harmful or poisonous substances. It is not the intent of this section to prohibit the use of poisonous substances for the control of vermin of significance to the public health.

(Ord. 3163, § 8(f), 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-91)

2-307 Use of spring steel traps.

It shall be unlawful for any person to use, place, set out, or deploy any animal trap above ground 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 rat and mice traps. Nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.

(Ord. 3163, § 8(g), 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-92)

2-308 Killing songbirds or molesting nests of songbirds.

It shall be unlawful for any person to willfully kill any songbird or to molest the nest of such birds.

(Ord. 3163, § 8(h), 12-13-94; Code 2016, Sec. 10-93)

2-309 Holding animals belonging to others.

No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which the person is not the owner for more than 24 hours without first reporting the possession of such animal to the animal control officer.

(Ord. 3163, § 8(i), 12-13-94; Code 2016, Sec. 10-94)

2-310 Use of devices in animal exhibitions or circuses which cause harm.

No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or is likely to cause physical injury or suffering. All equipment used on a performing animal shall not harm or injure the animal.

(Ord. 3163, § 8(j), 12-13-94; Code 2016, Sec. 10-95)