A. 
It shall be unlawful for any person to own, keep, maintain or have in his possession or under his control within the city limits any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities.
B. 
Dangerous/vicious animal shall include:
1. 
Any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
2. 
Any animal which attacks a human being or domestic animal without provocation on more than one occasion;
3. 
Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;
4. 
Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack any law enforcement officer while such officers is engaged in the performance of official duty.
C. 
It shall be unlawful for any person to own, keep, maintain or have in his possession or under his control within the city limits any of the following animals:
1. 
All poisonous animals including rear-fang snakes;
2. 
Apes: Chimpanzees, gibbons, gorillas, orangutans, and siamangs;
3. 
Baboons;
4. 
Badgers;
5. 
Bears;
6. 
Bison;
7. 
Bobcats;
8. 
Cheetahs;
9. 
Constrictor snakes, six feet in length or more;
10. 
Coyotes;
11. 
Crocodilians, thirty (30) inches in length or more;
12. 
Deer, which includes white-tailed deer, elk, antelope and moose;
13. 
Domestic dogs hybridized with wild canines such as wolves and coyotes;
14. 
Elephants;
15. 
Emus;
16. 
Game cocks and other fighting birds;
17. 
Hippopotami;
18. 
Hyenas;
19. 
Jaguars;
20. 
Leopards;
21. 
Lions;
22. 
Lynxes;
23. 
Monkeys;
24. 
Ostriches;
25. 
Peacocks;
26. 
Pumas, also known as cougars, mountain lions and panthers;
27. 
Raccoons;
28. 
Rhinoceroses;
29. 
Skunks;
30. 
Tigers;
31. 
Wolves.
D. 
Subsections A and B shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions, or medical institutions, if:
1. 
Their location conforms to the provisions of the zoning ordinance of the city;
2. 
All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors;
3. 
Animals are maintained in quarters so constructed as to prevent their escape.
(Ord. 1281, § 1, 11-4-2014)
A. 
While awaiting trial, impoundment of those animals whose owners have been cited for violation of this chapter shall be at the discretion of the director of community development or the code enforcement officer.
B. 
If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the director of community development or the code enforcement officer, or his/her agent, to impound such animal.
C. 
The animal shall not be released pending trial except on the order and pursuant to any conditions set by the municipal court judge who may also direct the owner to pay all impounding fees accrued to date.
D. 
Nothing in this chapter shall be construed to prevent the director of community development or the code enforcement officer or his/her agent so delegated from taking whatever action is reasonably necessary to protect him/herself or others of the public from immediate injury or danger, including the immediate destruction of any vicious animal without notice to the owner.
(Ord. 1281, § 1, 11-4-2014)
A. 
Whenever a complaint is filed in the municipal court against the owner of an animal alleging that such animal is a dangerous/vicious animal and the owner is in violation of this chapter, the municipal judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this chapter and thereby in violation of this chapter.
B. 
The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination of whether the animal is a vicious animal, the municipal judge shall consider the following:
1. 
Any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
2. 
Any animal which attacks a human being or domestic animal without provocation on more than one occasion;
3. 
Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;
4. 
Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack any law enforcement officer while such officers is engaged in the performance of official duty.
5. 
The seriousness of any attack or bite;
6. 
Past history of attacks or bites;
7. 
Likelihood of attacks or bites in the future;
8. 
The condition and circumstances under which the animal is kept or confined;
9. 
Other factors which may reasonably relate to the determination of whether or not the animal is vicious.
C. 
Upon the making of such relocation arrangements that are acceptable to the municipal court judge, the judge shall authorize the release of the animal to be relocated outside of the Valley Center city limits.
(Ord. 1281, § 1, 11-4-2014)
A. 
Owner Known. Upon receipt of notification from a duly licensed practitioner of medicine or registered nurse that an animal bite incident has occurred, the officer shall make reasonable effort to contact the owner of the animal involved in the incident and advise the owner to place the animal immediately with the Wichita Animal Shelter or a regularly licensed and practicing veterinarian of the owner's choice for a confinement period of a minimum of ten (10) days from the time of the occurrence of the bite. The owner shall be liable for all such costs incurred.
B. 
Failure to Comply. Any owner who shall fail to comply with the provisions of this section, within twenty-four (24) hours or one business day of notification, shall be deemed in violation of this title and the officer shall take such animal into custody and commit it for the above described confinement period.
C. 
Owner Unknown. Biting animals for which an owner cannot be located shall be taken into custody by the animal control officer and confined for observation. If the bite to the victim is on the neck or head, or if the animal is behaving strangely or is ill, the animal shall be sent to K-State. If the bite to the victim is not on the neck or head, and if the animal is not behaving strangely or is not ill, the animal shall be held for three days before being euthanized. If the owner seeks to claim the animal, the provisions of subsection A shall govern the confinement of the animal. Should such animal become ill, die or is euthanized within the confinement period, the bite victim or victim's representative shall be notified and the city shall direct further management of the animal or animal remains. If the animal is alive and well at the end of the confinement period, the bite victim or victim's representative shall be notified, and the animal shall become the property of the city of Valley Center.
D. 
State Law. Kansas Administrative Regulations (K.A.R.) 28-1-13, and amendments thereto, shall be followed concerning the isolation of biting animals for observation, examination, unless the provisions of this chapter require more stringent procedures. (K.S.A. 47-125)
(Ord. 1281, § 1, 11-4-2014)
Any person convicted of the violation of any of the provisions of this chapter shall upon conviction thereof be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00). Each consecutive day's violation shall constitute a separate punishable offense.
(Ord. 1281, § 1, 11-4-2014)
A. 
In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined by Section 6.04.010 (Definitions), the municipal judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by Section 6.04010. The animal control officer or law enforcement officer may order the dog to be impounded at a licensed veterinary clinic or the Wichita Animal Shelter pending the determination of whether the dog is dangerous. The owner or harborer of the dog shall be liable for the costs of keeping such dog.
B. 
The animal control officer or law enforcement officer shall notify the owner or harborer of the dog that the hearing will be held, at which time evidence will be presented that the dog is dangerous and at which time the owner or harborer of the dog may present evidence to rebut evidence presented by the city and present such other evidence as may be relevant. The failure of the owner or harborer to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog. The hearing shall be held promptly within no less than five nor more than twenty (20) days after service of notice upon the owner or harborer of the dog. The City shall have the burden of proof to show that the dog is dangerous pursuant to Section 6.04.010.
C. 
After the hearing, the owner or harborer of the dog shall be notified by the court clerk in writing of the determination. If a determination is made that the dog is dangerous, the owner or harborer shall comply with the provisions of this title within fifteen (15) days. If the owner fails to comply with the provisions of this title within the time provided, the dog shall be destroyed. If the owner or harborer of the dog contests the determination, he or she may appeal within ten (10) days to the district court pursuant to law.
(Ord. 1281, § 1, 11-4-2014)
If the municipal court judge determines that a dog is dangerous pursuant to this title, the owner or harborer of the dangerous dog shall be required to comply with the following:
A. 
Dangerous Dog License. The owner or harborer shall annually register the dangerous dog with the city, on such forms designated by the city clerk, and shall have a microchip inserted into the dog. The microchip shall detail the dangerous dog license and such other information as may be appropriate to determine the ownership of the dog. The owner or harborer shall pay a fifty dollar ($50.00) annual dangerous dog license and shall pay all costs associated with the microchip procedure and license of the dog. The owner or harborer shall be responsible for maintaining with the city clerk the address of the owner or harborer and the dangerous dog. The owner or harborer shall notify the city clerk within seven days of a change in address for the owner or harborer and dangerous dog.
B. 
Confinement. All dangerous dogs shall be confined in an enclosure. It shall be unlawful for any owner or harborer to maintain a dangerous dog upon any premises that does not have a locked enclosure. It shall be unlawful for any owner or harborer to allow a dangerous dog to be outside of the dwelling of the owner or harborer or outside the enclosure unless it is necessary for the owner or harborer to obtain veterinary care for the dangerous dog or for the limited purposes of allowing said dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required. In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four feet in length, and shall be under the direct control and supervision of the owner or harborer of the dangerous dog. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
(Ord. 1281, § 1, 11-4-2014)
It shall be unlawful for any person to violate the provisions of this title. Any person found guilty of violating the provisions of this title shall be assessed, fined, and the animal disposed of, as provided below:
A. 
At-Large. Any dangerous dog that is not confined or licensed as required pursuant to this title shall be impounded by an animal control officer or a law enforcement officer. In addition to all costs for impoundment, the owner or harborer shall pay a two hundred fifty dollar ($250.00) fine. For a second offense within twenty-four (24) months in which the dog is not confined or licensed as required pursuant to this section, in addition to all costs for impoundment, the owner or harborer shall pay a five hundred ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five-day waiting period, exclusive of Sundays and holidays, shall destroy said dog. The judge shall have no authority to suspend the fine or any portion thereof.
B. 
Attack on Human. If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing, a human being, the owner or harborer shall pay a five hundred dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog. The judge shall have no authority to suspend the fine or any portion thereof.
C. 
Attack on Other Animal. If any dangerous dog shall kill or wound, or assist in killing or wounding, any animal, the owner or harborer shall pay a two hundred fifty dollar ($250.00) fine, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog. The judge shall have no authority to suspend the fine or any portion thereof. If the owner or harborer of a dog impounded pursuant to this section shall believe that there shall not have been a violation of the provisions of this section, such owner may petition the municipal court, on forms approved by the municipal judge, requesting the impounded dog not be destroyed. The impounded dog shall not be destroyed pending the resolution of such owner's petition if the petition shall have been filed within five days of impoundment of such dog and notice shall be have been delivered within five days of the impoundment of such dog to the Wichita Animal Shelter. The dog shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner upon the payment of the expenses by the owner or harborer.
D. 
In addition to the fines provided in this section, the municipal judge shall have the authority to sentence the person adjudicated guilty of this title to serve up to a maximum of six months in jail.
(Ord. 1281, § 1, 11-4-2014)
Notwithstanding any other provision of this title to the contrary and irrespective of whether the dog has been declared dangerous pursuant to this title, the municipal judge may order any dog destroyed if the judge determines that the dog is an immediate threat to public health and safety and that confinement and license of the dog by the owner or harborer of the dog as provided in this title will not adequately protect public health and safety. No person shall harbor, own, or possess a dog that is an immediate threat to public health and safety. In making such determination the judge may consider the severity of the attack and such other relevant information. The municipal judge shall have the authority to sentence the person adjudicated guilty of this section to serve up to a maximum of six months in jail and to pay a fine not to exceed one thousand dollars ($1,000.00).
(Ord. 1281, § 1, 11-4-2014)