This article is enacted to protect residents, visitors, family pets and to offer reasonable protection to certain species of native wildlife. The City, being established in a rural and country-like setting with properties varying in size and terrain, offers space to family pets and shelter to native species of wildlife. In the past the community was absent of municipal regulations but as an incorporated city with an increasing population and activities, family pets and the interaction of the community with wildlife must be better and fairly regulated for the convenience, health and safety of both residents and animals. It is not intended that this article interfere with, abrogate, or annul any other ordinance, rule, regulation or permit previously adopted or issued that is not in conflict with any provisions of this article or those which shall be adopted or issued. Nor is this article intended to interfere with, abrogate or annul any law or regulation of the State of Kansas or its agencies that applies to the City.

(Ord. 2020-17)

In the interpretation and enforcement of this article:

(a)   All words other than those specifically defined in this article have the customary dictionary definition unless a different meaning is clearly provided for or implied by the context in which they are used.

(b)   Terms that are defined in this article may be used either in capitalized or lowercase form, with both uses retaining the definitions that are provided for those terms herein.

(c)   The words “shall,” “will,” and “must” are mandatory and the word “may” is permissive.

(d)   Definitions - Unless otherwise defined in this article, the following words and phrases used herein shall have the meanings set forth below.

Animal means every living vertebrate except a human being.

Animal, Dangerous means any animal that is determined as dangerous by evaluation as herein described. The term shall include any venomous animal or animal that would be considered a threat to other animals or persons if not contained or restrained. The term shall not be used interchangeably with “regulated dangerous animals” as defined by K.S.A. 32-1301 through 1312.

Animal, Domestic means a family dog, cat, ferret or other animal that is commonly kept as a household pet for the pleasure of such household. This term shall not include any animal herein defined as wildlife, exotic, invasive, a farm animal or as livestock by this article.

Animal, Exotic means any mammal, fish, bird, fowl, amphibian or reptile that is not native or indigenous to the State of Kansas nor considered common or conventional as a pet.

Animals, Farm means and includes bison, cattle, swine, sheep, goats, horses, domesticated ducks or geese, fowl or any animal commonly understood to be a farm animal, or livestock as defined by K.S.A. 47-1001 and amendments thereto. Poultry shall be considered farm animals except that a limited number of hen chickens shall not be prohibited.

Animals, Pest means animals which become destructive, are a continuing nuisance to residents of the City, or which commonly carry a contagious disease.

Animal. Vicious typically refers to a domestic animal that has been documented to have, while off its owner or caretaker’s property, severely injured or killed a domestic animal; bit or otherwise injured any person; or behaves in an out-of-control and aggressive manner without being provoked.

Animal, Wild or Wildlife means a vertebrate animal which is normally found in the wild state and shall not include domestic animals, farm animals, livestock or fish kept in an aquarium or ornamental fish pond. Feral cats and in some cases abandoned domestic animals shall be considered as wildlife if that animal has taken on a wild behavior.

At Large means any domestic animal that is found to be off their owner’s property and not under the restraint and control of their owner or otherwise confined.

Bite means a tearing or punctures of the skin of a person or a domestic pet and caused by any animal in the act of closing its mouth and teeth so as to cause injury of tissue. Bites shall be verified by a health care professional.

Boarding Kennel means any property or facility that keeps or trains dogs or cats where four or more dogs or cats, or both, are kept and maintained in any one week.

County means Reno County, Kansas in general but may mean the Sheriffs Department or the Reno County Health Department depending on the context of use.

Hobby Breeding means the keeping or maintaining more than four domestic animals at one time for the purpose of a business to show or sell such animals.

Impound means to place an animal in a state licensed kennel, animal shelter or veterinarian facility (impound facility) for the purpose of containment, quarantine and observation.

KDHE means the Kansas Department of Health and Environment, Division of Public Health - the Bureau of Epidemiology and Public Health Informatics.

KDWP means the Kansas Department of Wildlife, Parks and Tourism.

Livestock means and includes bison, cattle, swine, sheep, goats, horses, donkeys or mules, camelids, fowl, ratites, or any animal intended for use as food, for harvesting of any part of that animal, or that is commonly considered an animal that cannot be conveniently kept inside a residence. Farm animals shall be considered a subset of livestock.

Mammal means any warm-blooded and fur bearing animal.

Native means indigenous to the State of Kansas but not normally adapted to live in intimate association with humans.

Pet means an animal that is kept in intimate association to its owner or owner’s family. A pet shall not include any wildlife, any farm animal, livestock, exotic or venomous animal except certain harmless and non-invasive birds, fish, amphibians, reptiles or rodents that can commonly be found in pet stores may be considered as a pet providing they are kept and contained with the confines of the owner’s residence.

Pet Owner means the owner or caretaker of a domestic animal or pet as defined herein.

Pest Rodents means nuisance and destructive rodents including moles, gophers, prairie dogs, voles, mice and rats.

Wildlife Nuisance means skunks, squirrels, raccoons, armadillos, opossums, porcupines, bats, pest rodents, coyotes, bobcats and any similar animals that may become destructive to property or hazardous to persons or domestic animals. Feral cats and in some cases abandoned domestic animals shall be considered as a nuisance wildlife if that animal has taken on a wild behavior.

State means the State of Kansas or under its jurisdiction or authority.

State Statues for the purpose of this article means all Kansas Statutory law or State regulatory agency policies that apply to either domestic or wild animals, their regulation, control and treatment.

Owner means any person who uses their property, whether such property is owned, rented or leased or otherwise authorized for use, to keep, harbor, provide for, care for, or act as the custodian of an animal or knowingly permits a dog or cat or other animal to remain on or about any premises occupied by him or her.

(Ord. 2020-17)

Pursuant to K.S.A. 21-6411 -6418; K.S.A. 32-1301 et seq.; K.S.A. 75-5661 and related acts of the State of Kansas regarding domestic animals and wildlife, and amendments thereto or replacing statutes; the State, the KDHE; and the KDWP shall have legal authority for control of animals within the City. This article may have added provisions and restrictions to those in State statutes and State agency regulations.

This article shall contain provisions that are deemed by the Governing Body as appropriate for the City including limiting certain species or categories of animals within the City. Where conflict between this article and State statute or State agencies exists, the most restrictive provisions shall apply.

(a)   All animals except as otherwise provided in this article shall be treated humanely as provided for by Kansas State Statutes K.S.A. 21-6411 through 6418.

(b)   It shall be unlawful to keep, contain, harbor, shelter or otherwise maintain within the city, any animals considered as livestock or farm animals except a maximum of six laying hen chickens may be kept. A maximum of 4 domestic animals may be kept on any single property.

(c)   It shall be unlawful to keep, contain, harbor, shelter or otherwise maintain, within the City, any dangerous animals, animals considered as wildlife, animals not commonly considered as a pet, or dangerous animals as defined by K.S.A. 32-1301 et seq.

(d)   Hobby breeding or operation of a boarding kennel within the City shall be unlawful.

(Ord. 2020-17)

Wildlife shall be allowed to exhibit normal behaviors except if any wildlife becomes a significant nuisance or threat to persons, domestic animals or private property, the most humane action available may be taken to remove or deter such wildlife. Regulations enacted by Kansas State agencies or Federal agencies shall be observed and may specify procedures, require license, or limit the season to take such action against wildlife.

(a)   Removing or transporting wildlife from their natural habitat by capture or any form of confinement shall be unlawful except as otherwise noted in this section. Attempts to herd, capture or relocate deer is prohibited.

(b)   Hunting or intentionally causing injury to wildlife shall be unlawful except that:

(1)   Nothing shall prevent homeowners from trapping pest rodents by means of a lethal trap or other device.

(2)   Nothing shall prevent a licensed professional from performing extermination or trapping for removal from private properties when done in accordance with state laws and regulations.

(3)   Poisoned baits are prohibited within the City except where used inside of a privately owned structure, below ground or contained within a limited access container such as designed for mice or rats.

(c)   Subject to K.A.R. 115-1-1, State laws for trapping or removal of nuisance wildlife shall apply. Other than exceptions noted in this section, the use of lethal traps are prohibited within the City. Humane, or live, trapping, and relocation shall be regulated and enforced by the KDWP.

(d)   Other than for the control of pest rodents as herein defined, the use of any trap designed to kill, injure, maim or torture an animal shall be unlawful under State statutes. Such traps include those using a high tension spring mechanism; explosives or projectiles; or are of a snare, foot hold or body grip style. Humane, live traps, used to trap animals causing damage of land, home or personal property and used only upon the lot or parcel of land where such damage occurs, shall not be in violation of this article.

(e)   Keeping any wildlife within the City for the purpose of domesticating or breeding is prohibited. Wildlife kept for the purpose of sale or transfer to professional hunting areas is prohibited.

(f)    The release of any wildlife onto another property within the City shall be lawful.

(g)   The keeping or release within the City of any dangerous animal including those regulated per K.S.A. 32-1301 et seq. shall be unlawful.

(h)   The release within the City of any exotic or invasive animal species is prohibited.

(i)    Any wildlife suspected or assumed to carry rabies virus shall be subject to and managed per KDHE “Rabies Control Requirements.” In any incident of direct contact with any wild mammal the animal shall be assumed to be infected with the rabies virus and bites, scratches, abrasions or exposure to the animal’s saliva should be treated by a medical facility. If the animal can be captured, it should be submitted to the Reno County Health Department for testing.

(Ord. 2020-17)

Health and care of domestic animals shall include proper vaccinations against rabies infection, provision of adequate diet, shelter, exercise and general control. The release and abandonment of any domestic animal is unlawful. State statutes designate abandonment and inadequate care as either nonperson misdemeanors or nonperson felonies and provides penalties for such offenses.

(a)   Health and Care

(1)   Care and shelter of a domestic animal shall be subject to the requirements of K.S.A. 21-6412 subsection (a) (3).

(2)   Any domestic animal that is diagnosed to be sick or exhibits symptoms of being diseased should be kept from exposure to the public and other animals.

(3)   Domestic animals shall be vaccinated by a licensed veterinarian facility and be kept current in compliance to KDHE “Rabies Control Requirements.”

(4)   Dogs shall be readily identifiable by wearing a collar with an identification tag attached.

(b)   Rabies Exposure and Control

(1)   The KDHE “Rabies Control Requirements” and K.S.A. 75-5661 shall apply to any incident where any direct contact between a domestic animal and a wild mammal occurs; or if a pet animal is injured by another domestic animal and either animal is known, assumed or suspected to have had prior exposure to a rabies infected animal, whether wild or domestic, a period of observation shall be arranged for both animals.

(2)   Proof of current vaccination given by State licensed veterinarian, shall be shown to any official of the City or County upon their request. Current rabies vaccination of a dog shall be demonstrated by the wearing of a collar with a current rabies vaccination tag attached.

(3)   It shall be unlawful to remove a vaccination tag or identification of any type from an “at large” animal.

(4)   It shall be unlawful for any person to give false or incomplete information to a City or County official concerning a current rabies vaccination of any dog, cat, or ferret.

(5)   If any animal is held in quarantine and under observation within the owners home or premises, a City or County official shall inspect that animal daily for signs of abnormal behavior and ensure the secure containment of the animal.

(6)   KDHE “Rabies Control Requirements” may require quarantine or observation periods of 10 days up to 180 days based upon the animal having current and complete vaccinations and the cause or requiring such quarantine or observation.

(7)   A domestic animal may be considered abandoned or unwanted in the absence of any identification and if ownership cannot be documented, should be considered as potentially infected with rabies virus. An “at large” domestic animal may be placed in a home or impound facility for quarantine and observation at the discretion of the City or County officer.

(c)   Control of Domestic Animals

(1)   No domestic animal shall be allowed to be a nuisance to neighboring residents or their properties.

(2)   The unauthorized, free and unrestrained roaming of any domestic animal upon private properties with the City other than that belonging or controlled by the animal’s owner shall be unlawful.

(3)   Animals roaming upon other private or public properties without the permission of that property owner and without being accompanied by the animal’s owner or caretaker shall be considered “at large.” An “at large” domestic animal may be captured and placed in impound per subsection (b)(7).

(4)   Domestic animals shall be physically restrained and under the control of their owner or designated handler any time they leave their owner’s property. A leash and collar of adequate strength shall be used to maintain such control. Leashes shall not extend beyond 20 feet for dogs under 40 lbs. nor beyond 8 feet for dogs over 40 lbs. Voice commands or electronic means of control shall not be a replacement for physical restraints.

(5)   Where an animal causes injury, or damage to a property not belonging to its owner, the owner may be responsible for the costs of such damage and it shall be a civil matter between the plaintiff and the owner. However, a complaint should also be filed with the City.

(d)   Injury Done By a Domestic Animal

(1)   Persons injured by an animal should seek medical care and the incident be reported to the City or County. Incidents involving a bite or other injury shall be governed by KDHE “Rabies Control Requirements.”

(2)   Pursuant to KDHE “Rabies Control Requirements” and K.S.A. 75-5661, any domestic animal that bites, injures or otherwise exposes a person to its saliva and that animal is suspected or known to have been exposed to a wild mammal or rabies infected animal, it shall be considered potentially infected by rabies virus and shall be confined and observed in its home, a veterinarian facility or licensed pound and for a period of time as required by KDHE regulations.

(3)   A copy of a written diagnosis and treatment should be submitted to the City or County.

(e)   Management of Dangerous or Vicious Animals

(1)   If a domestic animal is thought to be dangerous, a complaint in the form of a sworn affidavit shall be submitted to the City. If the complaint is deemed to be valid the animal shall be investigated and the animal’s behavior shall be evaluated by a licensed veterinarian and a written report of the evaluation will be reviewed by the governing body.

(A)  If an animal is determined to be dangerous by the governing body, the owner shall be given appropriate measures to be taken to ensure the security of the animal and the safety of the public.

(B)  If evidence is insufficient to show the animal as “dangerous” with no prior incidents or injuries caused and in the absence of documentation that proves the animal to be a hazard to public health, the complaint shall be kept on record and the animal re-evaluated from time to time. No additional restrictions shall be ordered except normal precautions to supervise the animal shall be taken by the owner.

(C)  If the complaint is deemed false or frivolous, the person filing the complaint shall be subject to and responsible for all costs associated with any evaluation and investigation.

(2)   If a domestic animal is determined to be vicious, a hearing in municipal court shall be requested to determine appropriate action up to and including euthanasia. Documented behavior should at a minimum include showing:

(A)  The animal has been previously involved in an incident of an unprovoked attack or bite upon a person or domestic animal; or

(B)  Uncontrollable but unprovoked aggression toward adults, children, or other animals; or

(C)  Any documented erratic behavior that would indicate an aggressive or dangerously unstable temperament.

(3)   Upon receiving judgement against an animal in municipal court, the owner shall have 30 days to appeal and bring the case to appeal. The animal shall be kept in a secure pen, cage or facility until such appeal can be made.

(4)   Harboring a vicious domestic animal within the City and in contempt of a court order to remove the dog from the City or to euthanize the animal, shall be unlawful and subject to maximum fines and penalties allowed.

(5)   All costs incurred from impound, containment, evaluation, court hearings or any handling of the animal shall be the responsibility of the owner if an evaluation or hearing finds the animal’s behavior dangerous or vicious. If an evaluation or hearing does not find sufficient evidence to determine an animal’s behavior as dangerous or vicious the City shall pay such costs.

(f)    Confinement and Observation of Domestic Animals

(1)   Subject to subsection (b)(7), animals found “at large” and without identification and in the absence of any findings of aggressive, overly dominant or extreme fear behavior or any signs of sickness or injury, and at the discretion of the City officer, the animal may be temporarily held at a home within the City to allow a period of time to locate the owner of the animal.

(2)   If verification of a current rabies vaccination cannot be presented by an owner or caretaker, the animal shall be kept for confinement and observation, as provided for by KDHE regulations and the owner shall be in violation of the provisions of the ordinance.

(3)   Impound and observation for all domestic animals injured by another animal or causing injury to a person or pet animal shall be confined and observed pursuant to KDHE “Rabies Control Requirements.”

(Ord. 2020-17)

Any individual who shall violate any provision of this article shall be subject for each offense to a fine or penalty not to exceed five hundred dollars ($500.00) and/or to imprisonment for a period not to exceed six (6) months.

(Ord. 2020-17)