The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
ANIMAL
Any live, vertebrate creature, domestic or wild, other than
humans, and including all fowl, fish and reptiles.
ANIMAL CONTROL OFFICER
The person duly authorized by the City Manager to perform
the duties authorized by this chapter or any law enforcement officer
who may act through the Chief of Police to perform any duty under
this chapter unless otherwise specifically stated.
ANIMAL HOSPITAL
Any facility which has the primary function of providing
medical and surgical care for animals and is operated by a currently
licensed veterinarian.
ANIMAL NUISANCE
Any nuisance arising out of the keeping, maintaining, owning,
or failure to exercise sufficient control of an animal.
ANIMAL SHELTER
The facility or facilities operated by the authorized agents
of the City of Parsons for the purpose of impounding or caring for
animals under the authority of this chapter or state law.
AT LARGE
Any animal off of the premises of the owner and without a
leash under the immediate control of a person physically capable of
restraining the animal.
CAT
Any member of the Felis catus family, male or female, regardless
of age.
CATTERIE
Any establishment where more than four purebred cats, registered
under any nationally recognized cat fancy group, society, or association,
are kept as a hobby or for profit, where the breeding of such animals
is for the improvement of the breed, and where such cats are kept
in a specific, indoor, enclosed area at all times.
CITY CLERK
The City Clerk for Parsons, Kansas and/or his/her authorized
agent or designee.
[Added 9-7-2004 by Ord. No. 6016]
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, auction, riding stable, guard
dog service, kennel, hobby breeder, catterie, animal shelter, other
than that operated by the City, animal hospital, business keeping
animals in stock for retail or wholesale trade, or any establishment
performing one or more of the principal activities of the aforementioned
establishments.
DOG
Any member of Canis familiaris, male or female, regardless
of age.
DOMESTIC ANIMAL
Includes dogs, cats, domesticated sheep, horses, cattle,
goats, swine, fowl, ducks, geese, turkeys, confined domestic hare
and rabbit, pheasant and other birds and animals raised and/or maintained
in confinement.
EXOTIC ANIMAL
Live monkey, alligator, crocodile cayman, raccoon, skunk,
fox, bear, sea mammal, poisonous snake, member of the reptile family
measuring over eight feet in length, member of the feline species
other than the domestic cat (Felis domesticus), member of the canine
species other than the domestic dog (Canis familiaris) or any other
animal that would require a standard of care and control greater than
required for customary household pets or domestic farm animals.
FOWL
Any animal that is included in the zoological class Aves.
HOBBY BREEDER
Any person who owns more than four purebred dogs over five
months of age, where such dogs are habitually lodged or fed within
such person's house or premises, for the purpose of improving the
breed, and who raises no more than two litters of pups per year.
HOUSEHOLD
All persons living in the same dwelling unit.
HUMANELY EUTHANIZED
The proper injection of a substance that quickly and painlessly
terminates the life of an animal or any method approved by the American
Veterinary Medical Association or the American Humane Society.
IMPOUNDMENT
The taking into custody of an animal by a law enforcement
officer, Animal Control Officer or any authorized representative thereof.
INHUMANE OR CRUEL TREATMENT OR MANNER
Any treatment of any animal which deprives the animal of
necessary sustenance, including sufficient wholesome food, potable
water and protection from weather, or any treatment of any animal
such as overloading, overworking, tormenting, beating, mutilating
or teasing or other abnormal treatment that causes suffering to such
animal.
KENNEL
Any premises upon which five or more cats or dogs are kept,
boarded, bred, trained for a fee, bought and/or sold, except for commercial
animal establishments otherwise enumerated in this chapter.
LARGE ANIMAL
Any swine, bovine, horse, mule, donkey and other equine,
goat, sheep, beast of burden, or any other domestic or wild animal
of similar or larger size.
NEUTERED
Any male or female cat or dog that has been permanently rendered
sterile.
OWNER
Any person who feeds or shelters any unowned animal for 24
or more consecutive hours or who professes ownership of such animal.
If a minor owns an animal, then any household head of which such minor
is a member shall be deemed the owner of such animal under this chapter
and shall be responsible as the owner, whether or not such household
head is himself/herself a minor. If not a member of a household, such
minor shall be directly subject to the provisions of this chapter.
PREMISES
Any parcel of land and any structure(s) thereon in which
any animal regulated by this chapter is housed and/or confined.
PUBLIC NUISANCE ANIMAL
Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include but not be limited to any animal that is repeatedly found running at-large or any animal that makes excessive noise. Refer to §
205-18.
REGISTRATION TAG
Any system of animal identification approved by the City
Manager which does not involve alteration or permanent marking of
any animal.
RESIDENTIAL STRUCTURE
All or part of any building which contains one or more dwelling
units, including single-family dwellings, two-family dwellings, multiple-family
dwellings, lodging houses, mobile homes, dormitories, sororities and
fraternities.
SMALL ANIMAL
Any animal not within the definition of "large animal," but
including all dogs without reference to size.
SUMMONS
A notice of violation requiring the accused to appear before
the Municipal Judge to answer the charge of violation of this chapter.
UNDER RESTRAINT
An animal secured by a leash under control of a person physically
capable of restraining the animal or securely enclosed within the
real property limit of the owner's premises.
VICIOUS OR DANGEROUS ANIMAL
Any animal that attacks, bites, or physically injures human
beings, domesticated animals, or livestock without adequate provocation
or which, because of temperament or training, has a known propensity
to attack, bite or physically injure a human being, domesticated animal
or livestock. Any animal without provocation that has bitten or attacked
a human being or other animal shall be prima facie presumed to be
vicious or dangerous.
State law reference — Livestock
and domestic animals, K.S.A. Ch. 47.
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Whenever, in this chapter, any act is prohibited
or is declared to be unlawful or the performance of any act is required
or the failure to do any act is declared to be unlawful and no specific
penalty or penalty range is provided by another section of this chapter,
the violation of any provision in this chapter shall be punished by
fine of not more than $500 or by imprisonment for a period not exceeding
six months, or by both such fine and imprisonment, at the discretion
of the court. Each day any violation of this chapter continues shall
constitute a separate offense.
It shall be the duty of the Police Department
officers to enforce the provisions of this chapter and any regulations
issued by the City Manager and to assist the Animal Control Officer
in enforcing the provisions of this chapter.
Any owner of any animal shall also meet any
requirements for the reporting of animal bites, the confinement of
animals that have bitten persons, or any other duties prescribed by
the Animal Control Officer through regulations issued to protect the
public health.
It shall be unlawful for any veterinarian within
the City to fail to report to the Animal Control Officer the examination
or treatment of any animal that is owned or maintained in violation
of this chapter.
No animals shall be allowed to enter any theater,
store or other public building in the City, whether accompanied by
its owner or person in charge or otherwise, except with the approval
of the building's owner or manager. Dogs trained to assist the blind,
deaf or handicapped are exempt from this section.
The owner of any animal, when such animal is
off the owner's property, shall be responsible for the removal of
any feces deposited by such animal on public walks, streets, recreation
areas, or private property, and it shall be a violation of this provision
for such owner to fail to remove or provide for the removal of such
feces before taking such animal from the immediate area where such
defecation occurred.
[Amended 12-20-2021 by Ord. No. 6508]
A. It shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the City:
(1) Any warm-blooded, carnivorous or omnivorous, wild or exotic animal,
as defined herein.
(2) Any animal having poisonous bites.
(3) Any fowl, other than domestic chickens and pigeons, except for caged
birds kept as pets within a residence structure; provided, however,
that domestic geese and domestic ducks may be kept on any pond, lake
or waterway normally containing three acres feet of water or normally
impounding water covering 1 1/2 acres of water surface area so
long as the total population of fowl does not exceed eight in total
number; provided, further, that the number prescribed above may be
exceeded during the annual spring hatching season. When the hatchlings
reach 10 weeks of age, the excess population shall be reduced on a
pond known as "Prairie West Pond" to a total of two adult pair of
domestic geese and two adult pair of domestic ducks. The excess population
on all other qualified areas shall be reduced to four adult pairs
of ducks and/or geese based upon the owner's preference. The City
of Parsons shall be responsible for the population control of the
domestic geese and ducks.
B. Dangerous wild animals, wild animals, and exotic animal are allowed
within the City only under the following circumstances:
(1) During exhibitions or a temporary auction when under the direct supervision
and presence of a person with the appropriate USDA license or the
State of Kansas license, if any license is required under those circumstances,
and in accordance with the requirements of either USDA or the State
of Kansas;
(2) While being transported through the city during the normal course
of traveling when under the direct supervision and presence of a person
with the appropriate USDA license or State of Kansas license, if any
license is required under those circumstances, and in accordance with
the requirements of either USDA or the State of Kansas; or,
(3) While being transported directly to or from a veterinary clinic in
accordance with the requirements the USDA or State of Kansas, if any,
and while being held at a veterinary clinic.
C. Violations and penalties. Any person violating or permitting the
violation of any provision of this section shall, upon conviction
in the Municipal Court, be fined a sum of not less than $200 and not
more than $1,000. In addition to the fine imposed, the Court may sentence
the defendant to imprisonment in county jail for a period not to exceed
30 days. In addition to the foregoing penalties, any person who violates
this section shall pay all expenses, including shelter, food, handling,
veterinary care and testimony, necessitated by enforcement of this
section.
Any person keeping, harboring, owning or in
any way possessing within the corporate limits of the City any dog
must control the dog by one of the following means:
A. In a securely enclosed pen or fenced area sufficient
to contain the animal.
B. On a chain sufficient to contain the animal.
C. On a suitable leash and under restraint and the control
of a person capable of restraining the animal.
It shall be unlawful for any person to maintain any chicken coop, pigeon cote or rabbit hutch within 100 feet of any lot line. Any yard housing for animals shall be subject to the maintenance prescribed in §§
205-13 and
205-16 of this chapter, and any yard enclosure shall be so constructed and maintained that any animal kept therein is securely confined and prevented from escaping therefrom.
The owner of any animal shall take all reasonable
measures to keep such animals from becoming a nuisance.
It shall be unlawful for the owner of any animal
to permit such animal to make excessive noise that disturbs a neighbor.
The following definitions and conditions shall apply to this section:
A. The phrase "excessive noise" shall mean any animal
noise which is so loud and continuous or untimely as to disturb the
sleep or peace of a neighbor.
B. The term "neighbor" shall mean any person residing
in a residence structure which is within 100 yards of the property
on which the animal is owned.
C. If a summons is issued charging violation of this
provision, a subpoena shall also be issued to the disturbed neighbor
to testify to the disturbance under oath.
It shall be unlawful for any person owning any
cat or dog to permit such animal to be outside the residence structure
of such owner without a current City registration tag attached to
the collar or harness of such animal. It shall be unlawful for any
person to permit a City registration or rabies vaccination tag to
be worn by any animal other than the animal for which such tag is
issued.
Any person owning any cat or dog over 120 days
of age shall be required to have such animal currently immunized or
vaccinated against rabies. For the purpose of this section, "currently
immunized or vaccinated against rabies" shall mean that such dog has
been inoculated against rabies by a licensed veterinarian within the
past 24 months and such cat has been inoculated against rabies by
a licensed veterinarian within the past 12 months; however, dogs under
six months of age which are inoculated must receive a second rabies
inoculation within 12 months. This section shall not apply to any
catterie breeder duly licensed under the provisions of this chapter.
The owner of any female cat or dog shall, during
the period that such animal is in heat, keep it securely confined
and enclosed within a building except when off such person's premises
briefly for toilet purposes.
[Amended 9-7-2004 by Ord. No. 6016]
It shall be unlawful for the owner of any animal to permit such animal to run at large within the City at any time. Any animal shall be deemed running at large when such animal is not inside a residence structure, secure fence, or pen; on a leash held by a person capable of controlling such animal; or tethered in such a manner as to prevent its getting onto public rights-of-way or another's property. This provision shall not apply to domestic pigeons or to cats, which shall, however, be kept under reasonable restraint to prevent such nuisance activities. If while said animal is at large it bites an individual, the owner shall have a minimum fine of $150 in addition to the penalties allowed under §
205-2.
[Amended 7-20-2009 by Ord. No. 61891-18-2022 by Ord. No. 6510; 2-7-2022 by Ord. No. 6511]
A. Complaints. A written and signed complaint must be
made to the Municipal Court that identifies the possible vicious animal
and the animal's owner. Said complaint may be made by the Animal Control
Officer or a Parsons police officer or the City Attorney.
B. Notice. The owner of the complained of animal shall
be served a notice of such complaint. The person shall be advised
at least five days in advance by the City of the time and place of
the first hearing on the complaint. The notice shall be delivered
either by certified mail, postage prepaid, return receipt requested,
or personally served by a public officer or a law enforcement officer.
C. Hearing. On the day and time of the first hearing,
the Court shall explain the motion and the consequences of the dog
being declared vicious. The owner may stipulate to the animal being
vicious or request an evidentiary hearing be held by the Municipal
Court. At any evidentiary hearing, the person may be represented by
counsel, and the person and the City may introduce such witnesses
and evidence as is deemed necessary and proper by the Municipal Judge.
In the event the animal owner fails to appear at either the first
hearing or the evidentiary hearing, if the Court determines proper
notice was given, the Court may declare the owner in default and declare
the dog vicious with any other applicable findings.
D. Evidence. For purposes of this section, an animal
that bites any person or has a history of attacking or wounding of
persons or other domestic animals shall be prima facie evidence that
the animal is vicious or dangerous.
E. Authority of Court. At the hearing, the Municipal
Court shall have the authority to declare an animal vicious by making
the finding as to the inherently dangerous nature of the animal as
to persons or other domestic animals, its history of attacking or
wounding of persons or other domestic animals, the seriousness of
these attacks or wounds against a person or other domestic animal,
and its potential to inflict wounds in the future or otherwise meets
the definition contained in § 205-01 defining a vicious
animal.
F. Penalties. Declaration of an animal as vicious shall
be grounds for the impoundment and humane euthanizing of the animal,
removal from the City within the time prescribed by the court or the
animal may remain within the City if approved by the Court with any
conditions the Court may require, which at a minimum must include
an inspection of the premises the animal will be residing at to determine
if said residence is secure enough to keep the animal from running
at large. All dogs that have been declared vicious and are allowed
to remain within the City limits shall be securely confined indoors
or in a securely enclosed and locked pen or kennel, except when leashed
with their owner or other person. Such pen, kennel or structure must
have secure sides. All structures used to confine vicious dogs must
be locked with a key or combination lock when such animals are within
the structure.
G. Any animal
impounded pending a hearing to determined if said animal is vicious
and is not ordered euthanized shall be required to be microchipped
for identification purposes at the expense of the owner with the cost
of said microchip being paid by the owner. All impoundment costs shall
be the responsibility of the dog owner and may be assessed as restitution
in any criminal case involving said dog or collected by a civil lawsuit.
[Added 9-7-2004 by Ord. No. 6016; amended 6-15-2020 by Ord. No. 6467; 1-18-2022 by Ord. No. 6510; 2-7-2022 by Ord. No. 6511]
It shall be unlawful for any person to allow an animal to run at large as defined by §
205-24, keep, own, harbor or possess in any way within the corporate limits of the City any animal that has been declared to be vicious under §
205-25 or fits the definition of "vicious animal" under §
205-1 unless said animal is lawfully allowed within the corporate limits of the City pursuant to §
205-25 and is compliant with any orders issued by the Court therein. Any person violating or permitting the violation of any provision of this section shall, upon conviction in municipal court, be fined a sum not less than $500 and not more than $1,000. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. The Animal Control Officer shall immediately impound any animal that has previously been declared vicious under §
205-25 and is not lawfully allowed within the City or is running at large, to be held until a hearing can be held in Parsons Municipal Court. All costs and expenses associated with said impoundment shall be the responsibility of the person violating this section. It shall be grounds for euthanization if an animal has previously been declared vicious under §
205-25 and is subsequently found illegally within the City limits.