TITLE 3 PUBLIC HEALTH AND SAFETY

Transcription

1 TITLE 3 PUBLIC HEALTH AND SAFETY CHAPTER 3-1 ALARM SYSTEMS Article 3-1-A ALARM SYSTEM REGISTRATION Section 3-1-A-1 REGISTRATION REQUIRED; CIVIL PENALTIES. A. It shall be unlawful for any person, either as principal officer, agent, servant or employee, to possess, maintain, control or operate an alarm system designed with the intent of eliciting a police or fire response without first registering such alarm system as required by the City. Each alarm registration shall be renewed annually. B. Failure to annually register any alarm system, as defined herein, shall subject the alarm user to assessment of a civil penalty, as adopted by ordinance, resolution or as otherwise permitted. C. Any alarm user which has more than two (2) false police alarms or more than two (2) false fire alarms in any 12 month period, shall be subject to a civil penalty in the form of a false alarm fee, as adopted by ordinance, resolution or as otherwise permitted. The amount of the civil penalty will increase for each subsequent chargeable false alarm in any 12 month period. Section 3-1-A-2 APPLICATION OF PROVISIONS. A. Alarm system registrations are nontransferable and are required to be renewed at the beginning of each calendar year. In the event an alarm system is registered after the beginning of the calendar year, the registration shall be effective only for the remainder of that calendar year, and subject to annual renewals thereafter. B. Each separate alarm system in use in each building, structure or facility must be registered. C. The provisions of this Chapter are not applicable to an alarm user which, temporarily and in cooperation with the Lenexa Police Department, possesses, maintains or controls an alarm system owned by the Lenexa Police Department. D. Registration shall not be required for local alarm systems affixed to motor vehicles. Section 3-1-A-3 NO DUTY CREATED. Nothing in this Chapter shall be construed to create any duty, guarantee or obligation of a police or fire response to any alarm under any circumstances. In addition, nothing contained herein shall be construed to waive any defenses or immunities available to the City, including but not limited to those available pursuant to the Kansas Tort Claims Act. Article 3-1-B OPERATING REGULATIONS Section 3-1-B-1 GENERAL REGULATIONS, REQUIREMENTS, AND DUTIES. Page 1

2 A. Deactivation Of Audible Alarm: All local alarm systems, except those intended to elicit a Fire Department response, shall be equipped to automatically discontinue emitting an audible sound within two (2) minutes of activation for a personal residence and automobiles and within sixteen (16) minutes of activation for commercial buildings. B. Change In Required Information: In the event of any change in registration information required by this Chapter, the alarm user shall provide corrected information within ten (10) days after such change becomes effective, in the same manner as required for registration. C. Notice Of Service, Test, Repairs, Etc.: Prior to any service, test, repair, maintenance, adjustment, alteration or installation of any alarm system which might activate a false alarm, alarm users of a monitored alarm system shall notify the appropriate alarm service company; and alarm users of a local alarm system shall notify the Lenexa Police and Fire Departments. Upon the completion of such service, test, repair, maintenance, adjustment, alteration or installation, the alarm user shall notify the appropriate parties of such completion. D. Live Voice Responses; Information To Police: An alarm service company, alarm user, employee of a central station protective system or employee of an answering service charged with the responsibility of relaying a live voice request for an emergency response upon the activation of an alarm system shall give the following information to the police or fire communications center at the time of such request: address of alarmed location; type of alarm system that has been activated; name of commercial business or resident; specific location of the building, structure or facility protected by the activated alarm; name of the alarm service company making request, if applicable; name of person making the request; and a phone number where the requesting party can be contacted. It is the sole responsibility of the person requesting an emergency response to notify authorized persons for such alarmed building, structure or facility, that such alarm has been activated. E. Alarm User Duties: The duties of an alarm user shall be as follows: 1. To instruct all personnel who are authorized to place the system or device into operation in the appropriate method of operation and to lock and secure all points of entry, such as doors and windows. 2. To inform all personnel who are authorized to place the alarm system into operation of the provisions of this Article emphasizing the importance of avoiding false alarms. 3. To identify, as part of the annual alarm registration process, the name and telephone number of the primary person, and at least one (1) alternate, to be notified in case the alarm is activated. 4. To respond to the scene of an activated alarm within thirty (30) minutes of being notified by either the user s alarm service company or the Lenexa Police or Fire Departments. 5. To maintain the alarm system in good working order and take reasonable measures to prevent the occurrence of false alarms. 6. To timely pay all civil penalties or criminal fines that are imposed for false alarms or violations of this Chapter. Section 3-1-B-2 FALSE ALARMS, FEES, APPEALS. A. Determination Of False Alarms; Records Kept: The Police Department and/or Fire Department shall be responsible for determining which alarms constitute false alarms as defined by Section 3-1-D-3 of this Chapter. A record of all chargeable false alarms shall be maintained by the responding department. B. Notice Of Third False Alarm: At the time of the third false police alarm or third false fire alarm for any premises or facility within any 12 month period, the alarm user responsible for such alarm system will be notified by regular mail at his or her last known address of such occurrence; of the amount of the associated false alarm fees; the date fees are due (if applicable); and that additional fees may be Page 2

3 assessed for subsequent false alarms. Failure to receive said notice does not relieve the alarm user from the payment of the fee(s), assessment of late fees, or permit the extension of any applicable deadlines. C. Late Fee: Failure of any person to timely pay any civil penalties assessed for the occurrence of a false alarm or for the failure to register an alarm system shall result in the assessment of a late fee, as adopted by ordinance, resolution, or as otherwise permitted. Said late fee may be assessed for each subsequent month any portion of any civil penalty remains unpaid. D. Debt: The failure of any person to timely pay any civil penalty, false alarm fee, or late fee assessed pursuant to this Article shall constitute a debt to the City. To collect such debt, the City is authorized to utilize a collection agency, or to pursue any other legal remedies available to collect such debt, including a civil action. If a collection agency is used, the alarm user shall be solely responsible for any collection fees charged by the collection agency, in addition to the false alarm fee(s) or late fee(s). E. Appeals: Any alarm user who has been notified that a chargeable false alarm has been assessed against him/her shall have the right to appeal that decision by submitting a written notice of appeal within the time and in the manner prescribed in the notice. The written notice of appeal shall include the reason(s) that the alarm user is relying upon to support his or her belief that the false alarm did not occur or should not be a chargeable false alarm. The submission of a written notice of appeal shall stay the assessment of the false alarm fee, if any, and the assessment of any late fees, until a decision on the appeal is rendered by an Alarm Coordinator. The Alarm Coordinator shall consider the statements and other evidence of the person appealing, and shall have the power to uphold or set aside the chargeable false alarm. The burden of proving that such alarm is not a chargeable false alarm shall be on the alarm user bringing the appeal. The decision of the Alarm Coordinator shall be final. Failure to submit a timely written notice of appeal within the time and in the manner prescribed in the notice shall be deemed a waiver of the alarm user s right to appeal the imposition of the chargeable false alarm and any related false alarm fee(s). Section 3-1-B-3 AUTOMATIC DIALING DEVICES. It shall be unlawful for any person to program an automatic dial protection device within the City to call directly to either a primary or secondary trunkline. It shall be unlawful for an alarm user to fail to disconnect or reprogram an automatic dial protection device within 12 hours of receipt of written notice from the City that an automatic dialing device is so programmed. Section 3-1-B-4 ALARMS IMITATING CERTAIN SYSTEMS PROHIBITED. It shall be unlawful for any alarm system to emit a sound similar to that of an emergency vehicle siren or a civil defense warning system. Section 3-1-B-5 INSPECTIONS. Any and all alarm systems within the City shall be subject to inspection by a representative of the Police Department, Fire Department, or their designee. Article 3-1-C PENALTY FOR NONCOMPLIANCE Section 3-1-C-1 FALSE ALARM FEES; LATE FEES. Page 3

4 A. False Alarm Fees Established: Any alarm user who has exceeded the number of permissible false police alarms or false fire alarms during any 12 month period shall be assessed a civil penalty in the form of a false alarm fee, as adopted by ordinance or resolution or as otherwise permitted. B. Payment of False Alarm Fees: All false alarm fees, civil penalties, and/or late fees assessed hereunder shall be paid within thirty (30) days of the date of notice that such fees are due. C. Late Fee: Failure to timely pay any false alarm fees or civil penalties may subject the alarm user to assessment of late fees per Section 3-1-B-2-C. Section 3-1-C-2 VIOLATION AND PENALTY. Each conviction for a violation of any of the provisions or requirements of this Chapter shall be an infraction and punishable by a fine of not more than one thousand dollars ($1,000.00). Any fine imposed by the Court shall be in addition to any and all fees or civil penalties which may have been assessed against an alarm user pursuant to this Article. Each day that an operating alarm system remains unregistered shall constitute a separate offense punishable as an infraction. Article 3-1-D DEFINITIONS Section 3-1-D-1 ALARM SYSTEMS DEFINITIONS GENERALLY. For the purposes of this Chapter 3-1, the following words and phrases shall have the meanings ascribed to them herein. Section 3-1-D-2 ALARM SYSTEMS DEFINITIONS - A-B. ALARM SERVICE COMPANY: Any individual, partnership, corporation, or other entity, including an Answering Service, which sells, leases, maintains, services, repairs, alters, replaces, moves, monitors or installs any alarm system; or causes to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, monitored or installed any alarm system; in or on any building, structure or facility. ALARM COORDINATOR: A person designated by the Chief of Police or Fire Chief to administer and enforce the provisions of this ordinance, including the review of appeals. ALARM SYSTEM: Any single device or assembly of equipment, mechanical or electrical, designed to signal the occurrence of an illegal or unauthorized entry, or other activity requiring urgent attention, and to which police or fire personnel would be summoned or expected to respond. Alarm systems do not include local alarm systems affixed to motor vehicles, or alarms intended to signal a medical response. ALARM USER: Any person, business or other entity who owns, leases, controls or operates an alarm system, or who is in control of any property or premises on which an operating alarm system is located. ANSWERING SERVICE: An answering business providing, among its services, the service of receiving emergency signals from alarm systems and, thereafter, relaying the emergency message by live voice to the communication center of the Lenexa Police Department, as necessary. AUTOMATIC DIAL PROTECTION DEVICE: An electrically operated instrument composed of sensory apparatus and related hardware which, upon receipt of a stimulus from the sensory apparatus that has detected a force or condition characteristic of an unauthorized intrusion, automatically initiates a recorded voice alarm or other signal to the Lenexa Police Department indicating a need for emergency response. Section 3-1-D-3 ALARM SYSTEMS DEFINITIONS - C-L. Page 4

5 CENTRAL STATION PROTECTIVE SYSTEM: A system or group of systems operated by a person, firm or corporation in which the operations of electrical protection circuits and devices are transmitted to, recorded in, maintained and supervised from a central station having operators in attendance at all times. CHARGEABLE FALSE ALARM: A false police alarm or false fire alarm, which is counted against the alarm user for the purpose of determining the number of false alarms occurring in a 12 month period and when a false alarm fee should be assessed. FALSE ALARM: A false police alarm or false fire alarm. FALSE FIRE ALARM: The unwanted activation of a fire alarm system that is not the result of an emergency or true hazard, whether the result of careless use, technical failure, improper maintenance, equipment malfunction, improper installation, accidental tripping, misoperation, misuse, or the negligence of the alarm user or his or her employees, agents, tenants or guests, which signals an urgent response by fire personnel when a situation requiring a fire response does not, in fact, exist. False fire alarm does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user. FALSE POLICE ALARM: The unwanted activation of an alarm system other than a fire alarm system, whether the result of careless use, technical failure, improper maintenance, equipment malfunction, improper installation, accidental tripping, misoperation; misuse, or the negligence of the alarm user or his or her employees, agents, tenants or guests, which signals an urgent response by police personnel when a situation requiring a police response does not, in fact, exist. False police alarm does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user. LOCAL ALARM SYSTEM: An alarm system which, when activated, causes an audible and/or visual signaling device to be activated and is intended to be seen and/or heard by others outside of the protected premises. A local alarm system is not monitored by an alarm service company or answering service. Section 3-1-D-4 ALARM SYSTEMS DEFINITIONS - M-Z. PERSONAL RESIDENCE: The principal place of abode of any alarm user with an alarm system used for the security of his own home. PRIMARY TRUNKLINE: A telephone line leading into the communications center of the Police Department that is for the purpose of handling emergency calls on a person-to-person basis and which line is identified by a specific listing among the emergency numbers in the telephone directory issued by the telephone company serving the City. SECONDARY TRUNKLINE: A telephone line leading into the central switchboard in the police station that is identified by a specific listing in the telephone directory for handling administrative and other calls on a person-to-person basis. CHAPTER 3-2 ANIMALS AND ANIMAL CONTROL Article 3-2-A PURPOSE AND INTENT Section 3-2-A-1 PURPOSE. The purpose of this Chapter is to : Page 5

6 A. Protect animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards; B. Delineate the animal owner's responsibility for the acts and behavior of his animal at all times; C. Provide security to residents from annoyance, intimidation, injury and health hazards by animals; and D. Encourage responsible pet ownership. Article 3-2-B DOG AND CAT LICENSING PROVISIONS Section 3-2-B-1 LICENSE REQUIRED. It shall be unlawful for any person to own any dog or cat over six (6) months old, unless such dog or cat is licensed as provided herein. The provisions of this Section shall not apply to licensed veterinary agencies, animal shelters, kennels, or to animals which are temporarily harbored in the City for a period of not more than ten (10) days. Section 3-2-B-2 APPLICATION FOR LICENSE. Written application for license shall be made annually by the owner on a form provided by the City. The owner shall be identified by name, address and telephone number and the dog or cat by its name, sex, age, breed, color, and whether spayed or neutered. The rabies inoculation tag number, expiration date and administering veterinarian must also be provided. Section 3-2-B-3 RABIES INOCULATION REQUIRED; CERTIFICATE. It shall be unlawful for any person to own any dog, cat, or ferret over six (6) months old, unless such dog, cat, or ferret has been inoculated for rabies by a licensed veterinarian. The rabies inoculation receipt, issued by a veterinarian at the time of vaccination, shall be maintained by the owner of the dog, cat, or ferret and exhibited promptly upon request for inspection by the Animal Control Officer. Section 3-2-B-4 LICENSE FEES; EXEMPTION. The license fees shall be as provided by ordinance or resolution or as otherwise permitted. Any resident owning a service dog, as defined in Section 3-2-G-6, shall be exempt from the payment of a license fee for that animal upon submittal to Animal Control of adequate proof that the dog is trained and utilized as a service dog. Service dogs must still obtain a license, and will be counted toward the total number of animals permitted under this Code. Any resident owning a police dog or a retired police dog, as defined in Section 3-2-G-5, shall be exempt from the payment of a license fee for that animal upon submittal to Animal Control of adequate proof that the dog is currently utilized by, or retired from service with, a public law enforcement agency. Licenses are not required for police dogs utilized by a public law enforcement agency within the City, unless they reside in the City when not on duty. In that case, they must still obtain a license, and will be counted toward the total number of animals permitted under this Code. Section 3-2-B-5 LICENSE PERIOD; PAYMENT OF FEES. The license year shall be from January 1 through December 31 of each year. License fees are not prorated if purchased for less than one year. Page 6

7 The owner of any dog or cat over six (6) months of age shall annually license the animal and pay the applicable license fee to the City. The owner may purchase City animal tags at any participating veterinarian, which may include an additional administrative fee. Section 3-2-B-6 ISSUANCE OF LICENSE. A license shall be issued upon completion of the application form, submission of the certificate of vaccination and the payment of the license fee, unless exempted from license fees under Section 3-2-B-4 of this Article. Section 3-2-B-7 LICENSE TAGS. Licenses shall be issued in the form of a durable tag which shall be fastened to the dog or cat's collar or harness and worn at all times. License tags are not transferable. If a tag is lost, a duplicate tag will be issued upon sufficient evidence of prior licensing and payment of a fee as provided by ordinance or resolution or as otherwise permitted. Section 3-2-B-8 NUMBER OF DOGS AND CATS LIMITED; SPECIAL PET PERMIT. A. Number Limited; Special Pet Permit Required: It shall be unlawful to own more than two (2) dogs and/or two (2) cats at the same address or on the same premises, without first obtaining a special pet permit. B. Application For Special Pet Permit; Fee; Investigation: Any person who desires to own more than two (2) dogs and/or two (2) cats may apply to the City for a special pet permit. The application shall be made on a form provided by the City and accompanied by a nonrefundable application fee as provided by ordinance or resolution or as otherwise permitted. The application shall: (1) include the name, address, and telephone number of the applicant; (2) identify each animal to be located at the address or premises by its name, breed, age, sex (including whether or not animal is spayed or neutered), and City license number (if applicable); (3) identify whether the applicant owns, leases, or rents the property where the animals are to be kept; (4) identify the property owner(s) by name, address, and telephone number, if the property is leased or rented; and (5) list any other person who may share in the care, custody and control of the animals. 1. Following application, Animal Control will attempt to notify all neighboring property owners, residents or businesses (hereinafter neighbor or neighbors ), and the owner(s) of the applicant s property if different than the applicant, of the pending application. The neighbors, and owner(s) if applicable, may provide comments regarding the application to Animal Control. Any comments submitted in writing are subject to the Kansas Open Records Act and cannot be kept confidential. For purposes of this section, "neighbors" shall include, but not be limited to, all properties abutting the applicant s property, without regard to public right-of-way or publicly owned open space. 2. Animal Control shall have authority to order that any animals in excess of those lawfully permitted be removed from the applicant s property during the processing of the application. Animal Control shall have discretion to temporarily allow some or all of the animals in excess of those lawfully permitted to remain at the property during the processing of the application if it appears to Animal Control that the temporary keeping of said animals will not create or contribute to a nuisance situation, or negatively affect the health, safety, and welfare of the animals, neighbors, or of the general public. It shall not be a defense to a violation of this Section that an application for a special pet permit has been submitted to, or is pending with, the City. 3. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant s representative, present. Refusal to allow such entry or inspection shall Page 7

8 be grounds for denial or revocation of the permit. Notice need not be given to any person prior to inspection; however, Animal Control will attempt to schedule a mutually agreeable time for the initial inspection. During the initial inspection, Animal Control will consider whether the keeping of said animals may in any way create a nuisance; negatively affect the health, safety, or welfare of the animals, neighbors, or of the general public; or violate any provisions of this Code. 4. Following the initial inspection, Animal Control shall prepare a written report of its investigation, including its decision to approve, conditionally approve, or deny the application. In preparing said report, Animal Control may consider, but is not limited to, the following factors: whether the keeping of the animals may negatively affect the health, safety or welfare of the animals, neighbors, or of the general public; whether the keeping of the animals will likely create a nuisance or disturb the peace and quiet of the surrounding areas; comments of the property owner(s) and/or neighbors; and any prior complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or other person(s) who may be responsible for the care of the animals. C. Approval or Denial; Right to Appeal: 1. The City shall provide written notice of Animal Control's decision to approve, conditionally approve, or deny the application to the applicant at the address provided on the application. 2. If approved, the additional animals must be licensed within seven (7) days from the date the notice of approval is mailed by the City. The special pet permit shall be issued for the specific animals listed in the application and shall not be transferable to any other animals, owners, or to any other address or premises. No additional dog(s) and/or cat(s) may be added to the address or premises without first applying for and obtaining approval of a new special pet permit identifying the additional animal(s). 3. If conditionally approved, the additional animals must be licensed within seven (7) days from the date the notice of conditional approval is mailed by the City. The notice of conditional approval shall also identify the specific conditions the applicant must meet and/or maintain throughout the duration of the permit. Failure to meet and/or maintain any specified conditions shall be grounds for revocation of the permit. 4. If the special pet permit is denied, any additional animals that were permitted to remain on the premises during the processing of the application must be removed from the property within seven (7) days from the date the notice of denial is mailed to the applicant by the City. This is a mandatory requirement that cannot be suspended by the filing of an appeal. If the applicant fails or refuses to remove the additional animals, Animal Control is authorized to have said animals impounded and held until any applicable holding period has run or any appeal to the Lenexa Municipal Court is finalized, whichever is later. The applicant shall be responsible for all costs associated with impoundment and boarding under this Section. 5. A period of six (6) months following the date of denial, or revocation as provided in subsection E below, must elapse before another application for the same owner, same animals, or same location can be submitted. This six (6) month waiting period may be waived by Animal Control if it is determined that a material change in circumstances has occurred. Page 8

9 6. Any applicant who is denied a special pet permit, or whose existing permit is revoked as provided below, may appeal that decision to the Lenexa Municipal Court for an administrative hearing thereon. The applicant must file a written notice or statement of appeal with the Municipal Court Clerk, and pay a non-refundable administrative filing fee in an amount as provided by ordinance or resolution or as otherwise permitted, within ten (10) days from the date the notice of the decision was mailed by the City. No appeal shall be set for a hearing unless both said fee and written notice of appeal are received by the Court Clerk within the ten (10) days. The matter shall be scheduled for a hearing within fourteen (14) days after the appeal is perfected (i.e. both fee and notice of appeal received). a. The hearing on appeal shall be conducted by the Lenexa Municipal Judge, or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard. b. The issues for determination shall be whether the decisions, actions, or findings of Animal Control were within the scope of their authority, supported by substantial competent evidence, and not arbitrary or capricious in nature. The administrative judge shall make specific findings of fact and conclusions of law in each appeal. c. The decision of the administrative judge shall be final. D. Duration and Renewal: 1. A special pet permit shall expire on December 31 of the calendar year in which it is issued. It may be administratively renewed by the City for the next calendar year so long as the following conditions are met: a. The applicant has paid the nonrefundable renewal fee as provided by ordinance or resolution or as otherwise permitted. b. The animals subject to the permit are the same specific animals listed on the original application; provided, that a special pet permit may be administratively renewed if renewal is sought for a lesser number of animals than those listed on the original application, due to the death or removal of one or more of the animals, so long as no animal(s) have been replaced or added. c. All animals have current licenses and vaccinations. 2. Failure to pay the renewal fee on or before December 31 of each year subjects the owner to late fees as provided by ordinance or resolution or as otherwise permitted, as well as citations if the additional animals are still maintained on the property. Further, failure to pay the renewal fee or any applicable late fees shall be sufficient grounds for revocation of the permit. E. Revocation Of Special Pet Permit: A special pet permit may be revoked at any time by the City upon a showing that the applicant, or any other person having custody or control over any of the animal(s) subject to the permit, has allowed a condition to exist that constitutes a nuisance or otherwise negatively affects the health, safety, or welfare of the animals, neighbors, or of the general public; or has failed to comply with any of the requirements of the permit or of this Code; or was involved in any activity prohibited by Federal, State or local law; or if it is determined that the applicant provided false or misleading information in the application. The City shall provide written notice of revocation to the applicant at his or her last known address via first class mail. The notice shall include the basis for the revocation, the effective date of the revocation, and the date at which time the additional animals must be removed from the residence or premises. Removal and/or impoundment of the animals shall be Page 9

10 governed as provided in subsection C-4 above. The applicant has the right to appeal the revocation of the permit, as provided in subsection C-6 above; however, the non-permitted animals must be removed from the premises by the date set by the City in the notice of revocation regardless of whether an appeal is filed or heard. Section 3-2-B-9 KENNELS. Any person engaged in the business of raising or boarding domestic non-farm animals for profit or trade who shall own or maintain said animals must obtain a special use permit and a business license pursuant to applicable Lenexa Code provisions. The provisions of this Section shall not apply when the number of animals raised or boarded is no greater than that which is permitted by right pursuant to a City pet license or by special pet permit, in accordance with the provisions of this Article. *See also Section 4-1-B-23-F of this Code, zoning supplementary use regulations.* Section 3-2-B-10 ZONING DISTRICT REGULATIONS. All zoning district regulations as set out in Title 4 of this Code must be met before any licensing or permits are issued (or animals are allowed) for any restricted animal. It shall be unlawful for any owner to maintain any restricted animal in a zoning district which clearly prohibits said animal, unless said animal may be subject to a special use permit.* *See See Section 4-1-G-6 of this Code.* Article 3-2-C ANIMAL CARE Section 3-2-C-1 RESPONSIBLE ANIMAL CARE. It shall be unlawful for any owner to fail to provide for his animal: A. Sufficient quantity of good and wholesome food and potable water; B. A structurally sound, weatherproof enclosure, large enough to accommodate the animal; C. Veterinary care when needed to prevent suffering; D. Safe, responsible, and humane treatment; or E. Adequate exercise for chained, kenneled or penned animals. Section 3-2-C-2 CRUELTY TO ANIMALS. A. Cruelty to animals: 1. It is unlawful for any person to: a. intentionally abandon or leave any animal in any place without making provisions for its proper care. b. intentionally fail 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 an animal owned by such person. c. intentionally cause any physical injury to an animal. d. intentionally make accessible to any animal any substance which has, in any manner, been treated or prepared with harmful or poisonous substances. e. cause, permit, or attend any dogfight, cockfight, bullfight or other combat between animals or between animals and humans. Page 10

11 f. transport any animal in the bed of a truck, unless the restraint used to keep the animal in the truck is short enough to prevent the animal from falling and being dragged by the vehicle. g. leave any animal unattended and confined in a motor vehicle or in the back of a pickup truck in such a manner as to subject the animal to excessive heat or cold, which may endanger the life or well being of the animal. h. as the operator of a motor vehicle, strike an animal and fail to immediately report such act or accident to the appropriate law enforcement agency. B. Exceptions: Nothing in this Section shall be deemed to apply to: 1. any act by a licensed veterinarian done in accordance with normal or accepted veterinary practices. 2. bona fide experiments carried on by commonly recognized research facilities, but no experiment on animals shall inflict intense and prolonged pain or suffering or intense and frequently repeated pain and suffering on any animal. 3. any act done in self-defense or done to defend another person. 4. killing, attempting to kill, trapping, catching or taking any animal as permitted by this Code or state law. 5. reasonable force used to drive off vicious or trespassing animals. 6. normal and accepted practices of pest or vermin control. C. Custody of Animal; Disposition; Costs of Care: 1. Custody of Animal; Authority to Euthanize: Any Animal Control Officer or licensed veterinarian may take into custody any animal, found upon either private or public property, when such Officer has probable cause to believe such animal has been subjected to cruelty or neglect. Such Officer or veterinarian may inspect, care for or treat such animal and/or place such animal in the care of a duly incorporated humane society, animal shelter or licensed veterinarian for treatment, boarding or other care; or if it appears to a veterinarian or an Animal Control Officer that the animal is diseased or disabled beyond recovery for any useful purpose, the animal may be euthanized. 2. Costs of Care Assessed: Any necessary and reasonable costs incurred for the care, treatment, euthanasia, or boarding of any animal taken into custody pursuant to subsection C-1 shall be assessed against the owner of the animal. Any such costs shall be in addition to any fine imposed for a violation of this Chapter. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section. 3. Disposition of Animals: a. The City shall make a reasonable attempt to locate and notify the owner of any animal which comes into the custody of the City pursuant to the provisions of this Section. If any owner fails to make arrangements to care for such animal within five (5) days of the time the City takes possession of the animal for impoundment, the animal shelter holding such unclaimed animal shall be deemed the owner of such animal, and shall determine the method of disposition of the animal thereafter. b. If a person is adjudicated guilty of the crime of "cruelty to animals", as defined in subsection A of this Section, in addition to any other penalty, the Court may order such animal not be returned to or remain with such person. Such animal may be ordered turned over to a humane society, animal shelter or licensed veterinarian for sale, adoption or other disposition. In such case, the five (5) day holding period set forth in subsection C-3-a above shall not apply. Section 3-2-C-2 INJURED OR ILL STRAY ANIMALS. Page 11

12 Whenever an Animal Control Officer has probable cause to believe a stray or abandoned animal is suffering or in pain, the Animal Control Officer may take the animal to a licensed veterinarian for treatment. If continued treatment is not necessary, the Animal Control Officer or licensed veterinarian may move the animal to an animal shelter. The cost of any care, treatment or boarding shall be borne by the owner. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section. If the ownership of the animal cannot be determined, the animal shall be placed for adoption or euthanized. If the animal appears to be diseased or disabled beyond recovery for any useful purpose, such Officer or veterinarian may, at once, cause such animal to be euthanized. Section 3-2-C-3 TRAPPING ANIMALS. A. Trapping Prohibited. No person, firm, corporation, or association shall do any trapping anywhere in the City. B. Exceptions. The provisions of subsection A do not apply to: 1. The use of any trap specifically designed to kill rats, mice, gophers, chipmunks or moles with the consent of the owner or occupant of the property where the trap is set. 2. The use of cage-type live traps employed for the control of nuisance animals as long as such traps are monitored a minimum of every 12 hours, or a shorter time frame if necessary to prevent the endangerment of the captured animal's life. Any animal so captured may not be released onto public or private property without the consent of the property owner. 3. The use of any trap specifically designed to kill squirrels set at a height above eight feet and obscured from public view by a person with a valid wildlife control permit. 4. Animal Control, or the Kansas Department of Wildlife and Parks with notice to Animal Control. 5. Any other specific exception approved by Animal Control in writing; provided the request for an exception is made to Animal Control in writing and includes the address of where the trap will be set, property owner contact information, information on the nuisance created by the target animal, information on how, where, and when the trap will be set and monitored, and what precautions will be taken to ensure the safety of the public and non-target animals. Section 3-2-C-4 PENS, YARDS, CORRALS OR RUNS. A. All pens, yards, corrals, runs or other structures wherein any animal is kept shall be kept clean and in good repair. B. Every pen, run, cage or other yard establishment wherein any animal is kept shall be maintained so that no offensive, disagreeable or noxious odor shall arise therefrom. Section 3-2-C-5 FENCES. A. Fences which are intended as enclosures for any animal shall be securely constructed, adequate for their intended purpose, kept in good repair, and shall comply with the fence regulations as set out in Title 4 of this Code.* Page 12

13 B. Dogs may be confined to the residential property of their owner by an electronic fence or an electronic collar. An electronic fence or electronic collar is defined as a fence or a collar that controls the movement of a dog by emitting an electrical shock when the animal wearing the collar nears the boundary of the owner's property. Dogs confined to residential property by an electronic fence or an electronic collar shall at all times be required to wear the collar or other required device which must be functional, and shall not be permitted to be nearer than 10 feet from any public sidewalk. All owners who use an electronic fence or an electronic collar shall clearly post their property to indicate to the public that such a fence or collar is in use. Electronic collars may not be used to control a dog when it is off its owner's property. An electronic fence or an electronic collar shall not be used to confine a dangerous dog. *See also Section 4-1-B-24-F-5 of this Code.* Section 3-2-C-6 PERFORMING ANIMAL EXHIBITIONS. 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 fit properly and be in good working condition. Section 3-2-C-7 ENDANGERED AND PROTECTED ANIMALS. It shall be unlawful for any person to buy, sell or offer for sale a native or foreign species or subspecies of any mammal, bird, amphibian or reptile, or the dead body or parts thereof, which is listed as threatened or endangered pursuant to the Endangered Species Act of Article 3-2-D ANIMAL NUISANCES Section 3-2-D-1 NUISANCE PROHIBITED. It shall be unlawful for the owner of any animal to cause or permit such animal to perform, create or engage in an animal nuisance. Any animal found acting in any way forbidden by this Article, in the determination of the Animal Control Officer, shall hereby be declared a nuisance, and its owner shall be subject to citation. *See Section 3-2-G-2 of this Chapter for animal nuisance definition.* Section 3-2-D-2 ANIMALS AT LARGE. A. Prohibited: 1. It shall be unlawful to permit any animal to be at large in the City. 2. It shall be unlawful to picket or tie any animal so that it can reach any street, public sidewalk, public or private property other than the property of the owner of the animal. B. Impoundment: Any animal found at large or otherwise violating the terms of this Section may be impounded in the manner provided in this Chapter.* In addition to any fine or penalty provided for violating this Section, any reasonable costs and fees incurred by the City or animal shelter in seizing, impounding, confining, boarding, transporting and/or returning such animals to its property or owner shall be the responsibility of the owner of the animal. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section. *See Section 3-2-F-3 of this Chapter.* Page 13

14 Section 3-2-D-3 EXCREMENT. It shall be unlawful for any person to: A. Appear with an animal upon the public ways, within public places or upon the property of another, absent that person's consent, without some means for the removal of excrement. B. Fail to immediately remove any excrement deposited by his animal upon any public or private property other than the property of the owner of the animal. C. Fail to promptly remove and sanitarily dispose of animal excrement in any pen, run, cage, shelter or yard or other place where the animal is kept. D. Fail to remove or dispose of animal excrement in such a manner as to prevent the breeding or infestation of flies or other insects. Subsections A and B of this Section shall not apply to a blind person while walking his service dog. Section 3-2-D-4 FEMALE ANIMALS IN HEAT. All female animals in heat shall be confined to a residence or other enclosure or building in such a manner that the animal cannot come into contact with a male animal, except for supervised exercise, supervised elimination breaks, or planned breeding. Section 3-2-D-5 DISEASED ANIMALS. It shall be unlawful for the owner of any animal afflicted with a contagious or infectious disease to knowingly cause or allow the animal to be exposed in any public place anywhere in the City, or to ship or remove such animal from the owner's premises, except under the direction of an Animal Control Officer or licensed veterinarian. It shall be the duty of the Animal Control Officer to order the confinement or disposition of such diseased animal and treatment of the affected premises to prevent the communication and spread of contagion or infection except in cases where the State veterinarian is empowered to act and does act. Section 3-2-D-6 DAMAGE TO PROPERTY. It shall be unlawful for any owner to permit or allow their animal to go upon any public or private property without the permission of the owner of such property and break, tear up, crush, or otherwise destroy, damage or disturb any lawn, flower bed, plant, shrub, tree, garden, trash collection, fence, house, structure or any personal property in any manner whatsoever. Section 3-2-D-7 KEEPING DANGEROUS ANIMALS. A. Prohibitions: No person shall own or permit to be kept on his premises any dangerous animal. This subsection will not be construed to apply to zoological parks, performing animal exhibitions or circuses, bona fide licensed veterinary hospitals for treatment, bona fide educational or medical institutions, museums, or any other place where they are kept as live exhibits or for study. Page 14

15 B. Seizure and Impoundment: If Animal Control has probable cause to believe that a person owns a dangerous animal on premises in the City, the Animal Control Officer shall cause the animal to be immediately seized and impounded, or euthanized, if seizure and impoundment are not possible without risk of serious physical harm or death to any person. Upon seizure and impoundment, said animal may be euthanized or delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals. In lieu of seizure and impoundment, the Animal Control Officer may order the animal immediately removed by the owner, if Animal Control has reason to believe that the owner can safely and promptly provide for the removal of the animal. The owner must provide Animal Control with proof confirming the safe relocation of the animal upon request. C. Costs: Any reasonable costs incurred in seizing, impounding, euthanizing or confining any dangerous animal shall be the responsibility of the owner of such animal. Such costs shall be in addition to any fine or penalty provided for violation of this Chapter. Failure to pay said costs within 10 days after receipt of a written notice of the amount due shall be a violation of this Section. Section 3-2-D-8 DANGEROUS DOGS. A. Determination of a Dangerous Dog: 1. If an Animal Control Officer has probable cause to believe a dog is dangerous, as defined in Section 3-2-G-3, the City Attorney may file a petition with the Municipal Court, verified by the Animal Control Officer, seeking a determination that the dog is dangerous. If the City intends to seek an order from the Court that the dog be euthanized, the petition shall specifically identify that as the remedy requested. 2. The City Attorney shall provide the owner of the dog with a copy of the petition, and written notice of the date, time, and location of the hearing. 3. When the Animal Control Officer has probable cause to believe that the subject dog may pose a threat of serious harm to human beings or other animals, the Animal Control Officer or a law enforcement officer is authorized to seize and impound the dog pending the hearing and/or any appeal. If the subject dog has been impounded, the matter shall be scheduled for a hearing within seven (7) business days from the date of impoundment. If the dog is not impounded, the hearing shall be held within fourteen (14) days from the date the petition is filed in the Municipal Court. These deadlines may be extended by the Court for good cause shown. 4. The hearing shall be conducted by the Municipal Judge or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard 5. At the hearing, all interested parties shall be given an opportunity to present testimony and relevant materials on the issue of whether the dog in question is dangerous. The testimony and relevant materials shall include but not be limited to Animal Control reports, the facts, circumstances, and seriousness of any attack or wound, past history of wounds inflicted by the dog in question, and the potential propensity of the dog to inflict wounds in the future. The hearing shall be civil in nature, informal in the presentation of the testimony and open to the public. 6. If the Court, after hearing the testimony and reviewing the relevant materials, determines that the City has proven by a preponderance of the evidence that the dog meets the definition of dangerous dog as found in Section 3-2-G-3, the dog shall be deemed dangerous. In addition, the Court has the authority to order the dog removed from the City, or destruction of the dog, as it deems appropriate. If destruction or removal of the dog is not ordered, the owner shall have fourteen (14) days from the date of the Court s determination to comply with all of the requirements of this Code Page 15

16 pertaining to dangerous dogs, or within such other time frame as the Court may require. Future compliance hearings and/or the requirement to post bond to ensure compliance or to perfect an appeal may be ordered at the discretion of the Court. If the owner fails to comply with the provisions of this Section within the time frame ordered, unless stayed by the filing of an appeal, the dog shall be ordered destroyed. 7. If the dog was impounded prior to the hearing and is determined to be dangerous, the owner shall provide proof of compliance with all of the requirements of this Code pertaining to dangerous dogs to Animal Control, and pay all applicable impoundment and boarding fees, before the dog may be released. If the owner appeals the Court s decision, the dog shall remain impounded pending the determination on appeal, and all associated boarding costs shall be the responsibility of the owner. If the dog is determined not to be dangerous, it may be released to its owner immediately upon payment of all impoundment and boarding fees. 8. The failure of an owner to appear at a hearing, or the removal of the dog from the City prior to the scheduled hearing, does not preclude the Court from holding a hearing and/or determining that the dog is dangerous. In addition to any other order, the Court may order the owner to provide Animal Control with the exact location, address, and contact information for the new owner of the dog (if moved), and require that the animal not be returned to the City without first notifying Animal Control and verifying full compliance with this Chapter. 9. If an owner desires to contest the Court s determination that a dog is dangerous, he or she may appeal to the district court. The owner shall file a notice of appeal with the municipal court clerk within ten (10) days of the Court s determination. If the dog has been impounded, the Court may require that the owner post a bond in an amount sufficient to pay for the animal s current impoundment and boarding fees, and a minimum of 30 additional days boarding, which shall also be required within ten (10) days of the Court s determination. The dog shall remain impounded until a final determination is made on appeal. The municipal court clerk will prepare the record on appeal, similar to an appeal from a municipal court pursuant to K.S.A and K.S.A , and amendments thereto, and submit the record to the district court. The district court shall review the matter de novo, and the City s burden of proof shall be the preponderance of the evidence. B. Stipulations by Owner: 1. The owner of a dog subject to a petition seeking a dangerous determination may waive his or her right to a hearing and enter a stipulation that the dog is dangerous, or a stipulation that the evidence would be sufficient to sustain a finding that the dog is dangerous. Any such stipulation shall be reduced to writing, signed by the owner. A stipulation shall have the same legal effect as a determination by the Court that the dog is dangerous. The owner shall comply with all provisions of this Code regarding dangerous dogs within fourteen (14) days from the date of the stipulation, or some later time frame if agreed to by the City and approved by the Court. If the owner fails to come into compliance with the Code within the designated time frame, the dog shall be ordered destroyed. 2. For purposes of this Chapter, a dog that is stipulated to be dangerous under this Section shall be synonymous with a dog determined to be dangerous by the Court. Further, entering into a stipulation is not an appealable order. C. Regulation of Dangerous Dogs: The following provisions shall apply to all dogs determined to be dangerous: Page 16