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:
Any live, vertebrate creature, domestic or wild, other than
humans, and including all fowl, fish and reptiles.
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.
Any facility which has the primary function of providing
medical and surgical care for animals and is operated by a currently
licensed veterinarian.
Any nuisance arising out of the keeping, maintaining, owning,
or failure to exercise sufficient control of an animal.
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.
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.
Any member of the Felis catus family, male or female, regardless
of age.
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.
The City Clerk for Parsons, Kansas and/or his/her authorized
agent or designee.
[Added 9-7-2004 by Ord. No. 6016]
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.
Any member of Canis familiaris, male or female, regardless
of age.
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.
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.
Any animal that is included in the zoological class Aves.
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.
All persons living in the same dwelling unit.
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.[1]
The taking into custody of an animal by a law enforcement
officer, Animal Control Officer or any authorized representative thereof.
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.
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.
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.
Any male or female cat or dog that has been permanently rendered
sterile.
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.
Any parcel of land and any structure(s) thereon in which
any animal regulated by this chapter is housed and/or confined.
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.
Any system of animal identification approved by the City
Manager which does not involve alteration or permanent marking of
any animal.
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.
Any animal not within the definition of "large animal," but
including all dogs without reference to size.
A notice of violation requiring the accused to appear before
the Municipal Judge to answer the charge of violation of this chapter.
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.
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.[2]
|
State law reference — Livestock
and domestic animals, K.S.A. Ch. 47.
|
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.
A.
Except where otherwise provided, it shall be the duty
of the City Manager to administer and enforce the provisions of this
chapter directly and/or through staff assigned. The Chief of Police
or his/her designee shall keep a record of all enforcement and investigative
activities.
B.
The City Manager is authorized to develop administrative
regulations necessary to implement the provisions of this chapter,
including procedures for animal enumerations, animal shelter operation,
and such other fees required by this chapter but not specified herein.
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.
A.
The Animal Control Officer and the Chief of Police
are hereby authorized to issue a summons to the owner of any animal
in violation of any provision of this chapter. Such person may retain
possession of the animal if it is the belief of the officer issuing
such summons that such possession is not in conflict with any other
provisions of this chapter.
B.
The Animal Control Officer and Police Department officers are hereby authorized to take up and impound any animal in violation of any provision of this chapter if the person owning such animal cannot be issued a summons because such person is not known or present or to impound any animal that is prohibited under § 205-11 or 205-27. Such animal shall be confined in a humane manner and shall be released upon proof that the party claiming the animal is entitled to possession thereof and upon satisfying the requirements of § 205-34.
[Amended 9-7-2004 by Ord. No. 6016]
C.
In the interest of animal welfare, any person owning
any animal in the City by so doing does thereby authorize the Animal
Control Officer or Chief of Police to enter upon private property,
other than within any residence, where such animal is kept, if the
officer has probable cause to believe the animal is being kept in
a cruel or inhumane manner, for the purpose of examining such animal
and impounding such animal at the animal shelter when, in said examiner's
opinion, it is being kept in an unlawfully cruel or inhumane manner.
D.
Any animal that has bitten a person shall be removed from the property
of its owner by the Animal Control Officer or any police officer and
confined until an identification microchip has been implanted in the
animal (if feasible) at the cost of the owner. This microchip requirement
shall also apply to any animal that was running at large at the time
of the bite. Said animal shall continue to be impounded for the applicable
observation period if such animal's owner is unable to provide proof
of vaccination. Said animal shall only be returned to the owner upon
the payment of all vet fees. Upon the completion of the observation
period and approval by the City of the release of the animal, the
owner shall have three business days from the end of the observation
period to pay all vet fees. Failure to pay all vet fees and recover
the animal by its owner within the three business days shall allow
the animal to become the property of the City and it may be adopted,
transferred to a duly incorporated humane society, or humanly euthanized.
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.
[Amended 6-15-2020 by Ord. No. 6467; 1-18-2022 by Ord. No. 6510; 2-7-2022 by Ord. No. 6511]
E.
The Animal Control Officer and any police officer
are hereby authorized to use humane live traps or tranquilizer guns
to capture any animal whose presence on private or public property
constitutes a nuisance to persons. In the event that there is a threat
to the public health or the health of domestic animals, the Chief
of Police may authorize other means to capture or destroy animals
deemed to be dangerous.
F.
It is unlawful for any person to interfere with the
duty of the Animal Control Officer or any police officer by removing
or causing to be removed the identification tag of any cat or dog
without the consent of the owner thereof, refusing to identify himself
upon the request of the Animal Control Officer or any police officer
when such officer has probable cause to believe that such person has
violated this chapter, or in any other manner preventing the lawful
discharge of enforcement duties prescribed by this chapter.
G.
Any animal that the Animal Control Officer, a police officer, or City Attorney files a complaint against to declare it vicious may be impounded by the Animal Control Officer or any police officer and confined until the first hearing on said complaint as described in § 205-25C. Said animal shall continue to be impounded until released by the Court or agreed to by the City. The owner of said animal shall be responsible for all vet fees unless the Court orders otherwise. Said animal shall only be returned to the owner upon the payment of all vet fees. When eligible for release, the owner shall have three business days from when notified to pay all vet fees. Failure to pay all vet fees and recover the animal by its owner within the three business days shall allow the animal to become the property of the City and it may be adopted, transferred to a duly incorporated humane society, or humanly euthanized. 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 1-18-2022 by Ord. No. 6510; amended 2-7-2022 by Ord. No. 6511]
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.
A.
The Animal Control Officer shall be responsible for
the removal of any dead, small animal found within the City, except
as otherwise provided in this chapter. In this chapter, the term "dead,
small animal" shall exclude any animal lawfully and humanely killed
for food.
B.
No person having in his possession any dead animal
shall permit the same in or upon any private or public place without
at once, upon the death or the discovery of the animal, giving notice
to the Animal Control Officer.
C.
Large dead animals shall be removed and appropriately
disposed of by the owner or proprietor of the premises promptly after
the death or discovery of such animal. If not so removed or properly
disposed of, such animal shall be removed by the Animal Control Officer
at actual cost to the property owner or proprietor.
D.
Except as prescribed in this chapter, any small dead
animal upon private property shall be removed by the Animal Control
Officer as soon as possible after notice is given. For the occasional
removal of small animals from private premises there shall be no charge.
E.
For the removal of small dead animals from animal
hospitals, the animals shall be reported to the Animal Control Officer
and held under conditions satisfactory to the Animal Control Officer
pending pickup. If a charge is assessed, the fee will be established
by the governing body of the City of Parsons.
[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.
No livestock, including but not limited to horses,
mules, cattle, sheep, goats and swine, shall be owned or maintained
within the corporate City limits, except as provided below:
(1)
Horses which are used for riding purposes only may
be stabled within the City limits, provided that no more than one
horse shall be kept for each 20,000 square feet of contiguous gross
land area. Horses shall be kept only where permitted by the zoning
regulations. No shelter or stable for horses shall be permitted closer
than 100 feet to any occupied residential structure other than on
the same tract or within 100 feet of any lot line in any residential
zoning district.
(2)
Bovine (beef and dairy cattle) shall be kept only
where permitted by the zoning regulations. No more than a combination
of two cows, heifers, calves and steers shall be kept for each acre
of contiguous gross land area. Bulls for the purpose of breeding shall
not be pastured within the City limits. No shelter or barn shall be
permitted closer than 100 feet to any occupied residential structure
other than on the same tract or within 100 feet of any lot line in
any residential zoning district.
(3)
No feeding or watering troughs or tanks or storage
of animal waste material shall be located within 100 feet of a property
line. All occupied stalls shall be cleaned at least once each day.
(4)
Designated areas, for the purpose of health and sanitation,
shall be under the supervision of the City Manager or his/her designee.
If at any time such designated areas become a nuisance or a fly-breeding
or rat-infested area, the City Manager or his/her designee shall have
the authority to order the property cleaned and the horses and/or
bovine removed until the nuisance is abated.[1]
B.
The provisions of this section shall not apply to
any person engaged in the packing house business or in selling or
shipping cows, calves, goats, horses, mules or swine insofar as it
may be necessary for such parties to bring such livestock into the
City and keep the same in the City in the legitimate transaction and
carrying on of their business.
A.
It shall be unlawful for any person in charge of a
residence to own more than four dogs or four cats, or any combination
of such animals exceeding four in number, over the age of 120 days
at such residence unless the residence or all of the dogs and cats
kept therein are within one or more of the following exemptions:
B.
It shall be unlawful for any person in charge of a
residence to own more than 15 domestic chickens or pigeons, or combination
thereof.
C.
Any kennel, catterie or hobby breeding establishment
shall be limited in size to no more than 20 animals over 120 days
of age.
D.
A hobby breeder may reside only in C-3 Service Commercial,
C-4 Heavy Commercial, I-1 Light Industrial and I-2 Heavy Industrial
Zoning Districts of the City, except that any hobby breeder residing
in any residential zoning district of the City on May 14, 1984, shall
be permitted to continue operation at such location, provided that
the hobby breeder is in existence and continuously operated prior
to June 1, 1984.
E.
Any catterie owner shall reside only in C-3 Service
Commercial, C-4 Heavy Commercial, I-1 Light Industrial and I-2 Heavy
Industrial Zoning Districts of the City, except any person operating
a catterie in any residential zoning district of the City on May 14,
1984, shall be permitted to continue catterie operation at such location,
provided that such catterie is in existence and continuously operated
prior to June 1, 1984.
F.
Any kennel shall be located only in C-4 Heavy Commercial,
I-1 Light Industrial and I-2 Heavy Industrial Zoning Districts of
the City, except that any person operating a kennel for cats or dogs
in any residential zoning district of the City on May 14, 1984, shall
be permitted to continue kennel operations at such location, provided
that such kennel is in existence and is continuously operated prior
to June 1, 1984.
G.
When animals in excess of the limits established by
this chapter are found at a residence, all of the animals found at
the residence may be removed by the Animal Control Officer and impounded,
except that the person in charge of the residence may designate and
retain up to those limits established in this chapter.
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.
A.
It shall be unlawful for any person to keep or maintain
any animal in any yard structure or area that is not clean, dry and
sanitary; free from debris and offensive odors that annoy any neighbor;
and devoid of rodents and vermin.
B.
Excrement shall be removed daily from any pen or yard
area where animals are kept and, if stored on the premises of any
animal owner, shall be stored in adequate containers with flytight
lids.
C.
All animal pens and yards shall be so located that
adequate drainage is obtained, normal drying occurs and standing water
is not present.
D.
All earthen yards or runways wherein chickens are
kept shall be spaded, then limed once every three months from the
month of April through the month of December. All structures or pens
wherein chickens are kept shall be sprayed to control flies and other
insects.
E.
All premises on which animals are kept shall be subject
to inspection by the Animal Control Officer. If the Animal Control
Officer determines from such inspection that the premises are not
being maintained in a clean and sanitary manner, he shall notify the
owner of the animals in writing to correct the sanitation deficiencies
within 24 hours after notice is served on him/her prior to filing
a complaint in Municipal Court. Any animal kept under any condition
which could endanger the public's or animal's health or create a health
nuisance may be impounded. Animals shall be released after fees are
paid and cause for impoundment has been corrected.
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.
A.
It shall be unlawful cruelty to animals for any person
to own any animal and:
(1)
Fail to provide such sufficient and wholesome food;
potable water; shade and protection from the weather, which shall
include a structurally sound, weatherproof enclosure large enough
to accommodate the animal with adequate bedding; opportunity for exercise,
veterinary care when needed to treat injury or illness, unless the
animal is instead humanely euthanized; or other care as needed for
the health or well-being of such kind of animal;
(2)
Abandon or leave any animal in any place. For the
purpose of this provision, "abandon" means for the owner or keeper
to leave any animal without demonstrated or apparent intent to recover
or to resume custody; leave any animal for more than 12 hours without
providing for adequate food, potable water and shelter for the duration
of the absence; or turn out or release any animal for the purpose
of causing it to be impounded; or
(3)
Leave any animal unattended in a vehicle when such
vehicle does not have adequate ventilation and temperature to prevent
suffering, disability or death to such animal.
B.
Any animal impounded for being kept in violation of
this chapter may be humanely euthanized by the Animal Control Officer
if he deems it necessary to relieve suffering. The owner of any animal
that is not euthanized shall be entitled to regain custody of such
animal only after such custody is authorized by the court. All expenses
accrued for the treatment or care of such animal shall be paid by
the owner, whether or not he/she seeks to regain custody of such animal.
C.
No person shall willfully and wantonly kill, beat,
cruelly ill treat, torment, overload, overwork or otherwise abuse
any animal or cause, instigate or permit any dog fight, cock fight
or other combat between animals or between animals and humans, nor
shall any person attend such unlawful exhibition or be umpire or judge
at such.
D.
The operator of a motor vehicle which strikes any
animal shall, as soon as possible, report the accident to the Animal
Control Officer or the Police Department and shall report the accident
to the animal's owner, if the owner can be ascertained.
E.
No person shall offer to give any live animal as a
prize or as a business inducement.
F.
It shall be unlawful for any person to sell within
the City any animal whose owning is prohibited by this chapter or
to sell or display any animal that has been artificially dyed or colored.
Chicks or rabbits younger than eight weeks of age may not be sold
or offered for sale in quantities fewer than five to an individual
purchaser.
G.
No person shall expose any known poisonous substance,
whether mixed with food or not, so that the same shall be liable to
be eaten by any animal, provided that it shall not be unlawful for
a person to expose, on his own property, poison mixed with only vegetable
substances, except for commercial exterminators.
H.
It shall be unlawful for any person to use a spring
steel trap in the City limits, except rat, mice, and mole traps.
I.
It shall be unlawful for any person to willfully kill
any songbird or to molest the nest of such birds.
J.
No person shall, without the knowledge or consent
of the owner, hold or retain possession of any animal of which he
is not the owner for more than 24 hours without first reporting the
possession of such animal to the Animal Control Officer.
K.
No performing animal exhibition or circus shall be
permitted in which animals are induced or encouraged to perform through
the use of chemical, mechanical, electrical or manual devices in a
manner which will cause or is likely to cause physical injury or suffering.
All equipment used on a performing animal shall not harm or injure
the animal.
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.
A.
Any sick or injured cat or dog found at large in the
City wearing a current City registration or rabies vaccination tag
shall be taken at once by the Animal Control Officer or any police
officer to a veterinarian for examination and treatment, and the owner
of such animal shall be promptly notified. All charges for veterinary
services shall be borne by such owner.
B.
Any sick or injured cat or dog found at large in the
City without such identifying tag or tattoo shall be examined at once
by the Animal Control Officer and held at the animal shelter or animal
hospital as defined in 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.
A.
Any person owning a trained guard dog (for the purpose
of this provision, meaning a dog used to guard public or private property)
in the City shall register such dog with the Chief of Police, who
shall verify that such animal is confined in a manner that will not
endanger persons not on the premises guarded.
B.
A conspicuous notice shall be posted on the premises
where any guard dog is kept to warn persons of the nature of the dog
therein confined.
C.
Any person operating a guard dog service in the City
shall register such business with the Chief of Police and shall list
all premises to be guarded with the Chief of Police before such service
begins.
[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.
