(a) Abandon The leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.
(b) Altered The animal is permanently sterile by operation, accident or birth.
(c) Animal Shelter means the facility or facilities operated by the City or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or State law.
(d) At-Large means to be outside of a fence or other enclosure or device which restrains the animals to a particular premises or not under the control, by lease or lead, of the owner or other authorized person capable or restraining the animal. Animals tethered to an object within range of public thoroughfares are deemed to be “At-Large”.
(e) Bite means any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health or vaccination status of the animal causing such bite.
(f) Companion Animal
(1) cats;
(2) dogs, except Pit bulls;
(3) domestic ferrets;
(4) domestic rodents commonly kept as pets;
(5) domestic rabbits;
(6) reptiles commonly kept as pets, excluding any venomous reptile or any constructor snake over six feet (6’) in length, alligator, caiman, crocodile, anaconda, komodo dragon, monitor lizard; and
(7) domestic birds commonly kept as pets, excluding any fowl.
(g) Cat means any member of the species felis catus, regardless of gender.
(h) Cruelty means any act of neglect, torture, or torment that causes if not remedied will cause unjustifiable pair or suffering to an animal.
(i) Dangerous or Vicious Animal means any animal deemed to be dangerous or aggressive per section 1-114.
(j) Dog means any member of the species canis familiars, regardless of gender.
(k) Domestic Animal means any horse or other equine, dairy and beef cattle, whine, sheep, goats, fowl, ostrich, emu, llama, alpaca and any other animal defined as such.
(l) Euthanasia the human destruction of a companion animal, domestic animal, or an exotic animal administered by a method which causes immediate unconsciousness.
(m) Exotic Animal means any animal not defined as a companion animal or domestic animal herein.
(n) Fowl means birds commonly used for meat or egg production or sport which shall include but not be limited to, chickens, ducks, geese, turkeys, guineas, and pigeons.
(o) Harbor to allow any animals to habitually remain, lodge, or be fed within one’s home, store, yard, enclosure or place of business or any other premises where one resides or has control.
(p) Humane Live Animal Trap means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.
(q) Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
(r) Impound means to seize summarily, confine, or restrain in custody.
(s) Kennel means any establishment, commercial, residential or otherwise, where more than a total of four dogs and/or puppies are maintained for the purpose of breeding, rearing, training, grooming, or boarding. Also any premise commercial, residential or otherwise where more than four dogs and/or puppies are harbored. Puppies born on the premises and less than twelve weeks or age shall not be included in the count.
(t) License means the method of caring and the information carried on a dog which identifies the owner of said dog and any other information required by the City of Bucklin.
(u) Own means and includes own, keep, harbor, shelter, manage, posses, or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household or which such minor is a member shall be deemed to own such animal for the purposes of this chapter.
(v) Owner means the person or persons, firm association, partnership or corporation owning, keeping or harboring a companion animal, domestic animal or exotics animal. Also includes any other competent person into whose charge an animal has been placed by the actual owner.
(w) Pit Bulls see Article 3-102.
(x) Tether means any physical method that restrains a dog by tying it with a rope, chain or any like object to a stationary object.
(y) Vaccinated means a companion animal or domestic animal has been administered a vaccine or vaccines against a disease or diseases harmful to itself and/or communicable to others.
(z) Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.
(Ord. 884; Code 2017)
(a) There is hereby created the position of Animal Control Officer for the City and such Animal Control Officer(s) shall be charged with the enforcement of this chapter. Any person employed by the City as an Animal Control Officer and commissioned by the Chief of Police shall have such powers and authority as allowed by law in the enforcement of this chapter. All Animal Control Officers shall be subject to the supervision of direction of the Chief of Police.
(b) The Animal Control Officer shall have the authority to cite an owner or harborer into court and to seize and impound animal found to be in violation of the provisions of this chapter. Any Law Enforcement Officer employed by the City is also authorized to impound animals found to be in violation of the provisions of this chapter.
(Ord. 884; Code 2017)
When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:
(a) Place a humane trap on public or a requesting resident’s property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city;
(b) Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety.
(c) Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in section 2-115, or any animal creating a nuisance as defined in section 1-110, where such animal is impossible or impractical to catch, capture or tranquilize.
(Ord. 884; Code 2017)
The animal control officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this chapter. It shall be unlawful for any person to interfere with the animal control officer in the exercise of this right.
(Ord. 884; Code 2017)
A municipal animal shelter (the “Animal Shelter”) shall be established to carry out the provisions of this chapter. The Animal Shelter may be operated by a contractor and all services required herein may be provided by a contractor. The animal Shelter shall have the following services and facilities:
(a) The impounding of stray and ownerless companion and domestic animals and animals otherwise in violation of the provisions of this chapter;
(b) Holding facilities for stray or ownerless animals impounded for violations of the provisions of this chapter.
(c) Facilities for the humane destruction of animals. The Animal Shelter may also authorize animal adoption, including medical testing, treatment and sterilization.
(Ord. 884; Code 2017)
If any animal is not redeemed by its owner or harborer within the time allowed for redemption thereof, the Animal Control Officer, any authorized Law Enforcement Officer, any authorized veterinarian or any duly authorized shelter personnel may euthanize such animal or authorize the adoption of the same for the costs per the provisions of the Kansas Pet Animal Act.
(Ord. 884; Code 2017)
(a) It shall be unlawful for any person to remove or attempt to remove any animal from a cage, pen or the premises of the Animal Shelter, unless authorized by an Animal Control Officer or the Municipal Judge.
(b) It shall be unlawful for any person to obstruct, interfere with or hinder in any manner any Animal Control Officer, Law Enforcement Officer, City employee or authorized agent in efforts or actions to seize, take up or impound any animal believed to be in violation of this chapter.
(c) It shall be unlawful for any person to feed or provide care for any impounded animal unless authorized by an Animal Control Officer.
(d) It shall be unlawful for any person to obstruct interfere with or hinder in any manner the authorized care of an impounded animal.
(Ord. 884; Code 2017)
(a) It shall be unlawful for any person to subject an animal to cruelty.
(b) Cruelty is further defined to mean that any of the following is a separate act of cruelty:
(1) for any person to beat or physically injure an animal except that reasonable force may be employed to defend person(s) from aggressive animals.
(2) for any person to drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow to permit the same to be done.
(3) for any person to own, keep or harbor any animal which in not provided with adequate medical treatment and is thus infected with any dangerous or incurable disease or suffers from any painful condition.
(4) for any person to dye or artificially color any animal.
(5) for any person to promote, state, hold, manage, in any way conduct, or attend any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or another animal. Also for any person to train any animal to fight or to possess the equipment for training said animal to fight or the equipment used in such a fight.
(6) for any person to own, keep, or harbor any animal which is not provided with adequate care, food, drink, air, light, space, shelter, and protection from the elements as necessary for the well-being of such animal.
(7) for any person to abandon or lease any animal in any place without making provisions for its proper care.
(8) for any person to taunt an animal.
(9) for any person to poison or attempt to poison an animal.
(10) for any person to leave an animal in a vehicle when the temperature is such that it could cause pain or suffering to the animal.
(11) These provisions shall not apply to the exceptions sanctioned under Section 1-107a.
(c) Cruelty The Municipal Judge may order a person convicted of a violation under this section to transfer the animal involved to the Animal Shelter where it can be adopted, transferred, or destroyed, as the Animal Shelter director deems appropriate.
(Ord. 884; Code 2017)
The provisions of Section 2-107 shall not apply to:
(a) Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care.
(b) Killing, attempting to kill, catching or taking of any animal in accordance with the provisions of Chapter 32 of the Kansas Statutes Annotated.
(c) Rodeo practices accepted by the Professional Rodeo Cowboys Association.
(d) The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of an animal for population control, the owner thereof or by an authorized agent, such as a licensed veterinarian at the request of the owner.
(e) The humane killing of an animal by a public health official in the performance of his or her official duties.
(f) The humane killing of an unclaimed animal following the receipt of such animal at the Animal Shelter.
(Ord. 884; Code 2017)
It shall be lawful for any person to tether a dog; provided:
(a) For the purpose of tethering a dog, a chain, leash, rope or tether shall be at least ten feet (10’) in length.
(b) A chain, leash, rope, collaring device, tether, or any assembly or attachments thereto used to tether a dog shall not weigh more than one-eight (1/8th) of the animal’s body weight, or due to weight, inhibit the free movement of the dog within the area tethered.
(c) Dogs shall be tethered in such a manner as to prevent injury, strangulation, or entanglement on fences, trees, or other manmade or natural obstacles.
(d) It is unlawful to attach chains, ropes or other restraint implements directly to a dog without the proper use of a collar, harness, or other device designed for that purpose and made from a material that prevents injury to the dog.
(Ord. 884; Code 2017)
It shall be unlawful for a person to use, place, set out, or deploy any animal trap above ground, which makes use of a spring gun, spring jaw, clamping devices, cutting or staffing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device; except that nothing herein contained shall prohibit the use of animal traps that are designed to trap and hold animals without injuring the animals.
(Ord. 884; Code 2017)
It shall be unlawful for the owner or harborer of any animal to keep or maintain such animal in the City so as to constitute a nuisance. For the purpose of this section, “nuisance” is defined as any animal which:
(a) Molests or interferes with persons on public or private property, other and that of its owner or harborer;
(b) Attacks or injures other domestic animals;
(c) Damages or fouls public or private property other than that of its owner or harborer, by its activities or with its excrement;
(d) Scatters refuse on public or private property, other than that of its owner or harborer;
(e) Causes any condition which threatens or endangers the health or well-being of persons or other animals.
(f) Barks, howls, wails, yelps, meows, or screeches or otherwise continually makes frequent or habitual noise disturbing the peace of persons other than its owner or disturbing the peace of the neighborhood in which it is kept.
(Ord. 884; Code 2017)
It shall be unlawful for any person to:
(a) 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 may reasonably annoy others, and devoid of rodents and vermin.
(b) Excrement shall be removed at least once a week from any pen or yard area where animals are kept, or more often if necessary to present or control odors, insects and vermin. If excrement is stored on the premises it shall be stored in adequate containers with fly-tight 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) It shall be unlawful to maintain any animal pen or kennel, or to tether any animal closer than twenty-five feed (25’) to the dwelling house of another, other than that of the owner of the animal.
(e) All premises on which animals are kept shall be subject to inspection by Animal Control Officers or Law Enforcement Officers. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals impounded shall be released after fees are paid and the condition which caused the impoundment has been corrected.
(Ord. 884; Code 2017)
All dead animals shall be disposed of by the owner or harborer within twenty-four (24) hours of the animal’s death, by burial, incineration at an approved facility, by rendering or by other lawful means. No dead animal shall be dumped on any private or public property or disposed of in any City-owned refuse container, or any other refuse container, unless authorized by the owner or lessor of the container.
(Ord. 884; Code 2017)
(a) Prohibited: It shall be unlawful for any person to keep, possess or harbor an aggressive animal within the City. Impoundment of aggressive animals whose owners or harborers have been cited for violation of this section shall be at the discretion of the Animal Control Officer or Law Enforcement Officer. If the aggressive animal presents a clear and present danger to the public health or safety, it shall be the duty of the Animal Control Officer or Law Enforcement Officer, or an authorized agent to immediately impound the aggressive animal.
(b) Defined: For purposes of this chapter an aggressive animal shall include:
(1) Any animal with a known propensity, tendency or disposition to cause injury or to otherwise threaten the safety of human beings or domestic animals or companion animals; or
(2) Any animal which, in an aggressive or threatening manner, approaches any person in an apparent attack upon the person while on streets, sidewalks, or any public grounds or places or on private property other that on the property of the owner; or
(3) Any animal which, unprovoked, attacks or bites or has attacked or bitten a human being or domestic animal; or
(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 Animal Control Officer or any Law Enforcement Officer while such officer is engaged in the performance of official duty.
(c) Immediate Destruction: Nothing in this chapter shall be construed to prevent the Animal Control Officer or Law Enforcement Officer from taking whatever action is reasonably necessary to protect said officer or the public from injury or danger, including immediate destruction of any aggressive animal without notice to the owner.
(d) Whenever a complaint is filed in the Municipal Court alleging that an animal is aggressive and in violation of this section, the Municipal Judge shall determine whether or not the animal is aggressive, as defined herein. In making a determination, the Judge shall consider the following:
(1) The seriousness of the attack or injury;
(2) Past history of attacks or injuries;
(3) The likelihood of future attacks or injuries;
(4) The condition and circumstances under which the animal is kept or confined.
If the Municipal Judge finds from evidence that the animal is aggressive, the Municipal Judge may order the animal removed or destroyed.
If the Municipal Judge finds from the evidence presented that the animal is not aggressive, the Municipal Judge shall order the release of the animal to the owner or harborer, after the payment of any fees or expenses associated with the impoundment of said animal as assessed by the Municipal Judge.
Consent by an owner or harborer of an aggressive animal to have it euthanized, after finding that the animal is aggressive, does not relieve or render the owner or harborer immune from the decision of the Municipal Judge, nor of the fees and fines which result from the animal being in violation of this Section.
(Ord. 884; Code 2017)
It shall be unlawful for any person to allow any companion animal or domestic animal, under his or her control, to be At-Large within the City. Any companion animal or domestic animal found At-Large may be impounded.
(Ord. 673; Ord. 884; Code 2017)
(a) The Animal Control Officer or Law Enforcement Officer may impound any domestic animal or companion animal found At-Large within the City or constituting a nuisance or otherwise in violation of this code at the Animal Shelter. The Animal Control Officer shall make reasonable efforts to advise the owner thereof of such impoundment.
(b) The City shall be entitled to receive from such owner an impoundment fee of Twenty Dollars ($20.00) per day plus the actual cost of feeding and maintaining the animal while impounded.
(Ord. 884; Code 2017)
(a) Any Animal Control Officer, Law Enforcement Officer or any licensed veterinarian under contract with the City to provide animal control services, hereinafter referred to as the City Veterinarian, may seize, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in the Animal Shelter, or in a veterinary hospital or animal care facility for a period not to exceed thirty (30) days during which time the City Veterinarian shall determine whether or not such animal is suffering from a communicable disease and, if not, the City Veterinarian shall authorize the release of the animal upon payment by the owner of the boarding costs and any other applicable fees. The City Veterinarian may authorize the keeping of any such animal on the owner’s premises if the owner can produce proof of a current rabies vaccination for the animal and demonstrates the facilities and ability to quarantine the animal adequately. If in the opinion of the City Veterinarian symptoms of possible rabies infection develop or the circumstances of the animal bite or scratch incident merit a level of concern requiring such, then the animal shall be destroyed and an examination of brain tissue for rabies conducted. The owner of the animal shall be responsible for the cost of the examination.
(b) In lieu of the provisions of subsection (a), the owner of such animal may, at his or her own expense, take such animal to any duly qualified and licensed veterinarian for observation. Such veterinarian shall report his or her findings to the City Veterinarian in writing. If, in the opinion of the City Veterinarian an examination of brain tissues is justified, then the animal shall be turned over to an Animal Control Officer or the City Veterinarian to be euthanized and the brain tissue submitted for examination.
(c) Any animal desired for observation by the City Veterinarian under this Section shall be delivered to an Animal Control Officer or Law Enforcement Officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of the code. The refusal of any person to so deliver such animal, subjects that person immediate arrest.
(Ord. 884; Code 2017)
(a) Whenever a companion animal or domestic animal is bitten by a rabid animal or an animal later proved to be rabid, or a wild animal, it shall be the duty of the owner of the exposed animal to report that fact to an Animal Control Officer or Law Enforcement officer. It shall also be the duty of the owner of exposed animal to have the exposed animal euthanized unless:
(1) The animal which had been exposed had been vaccinated against rabies and such vaccination was current; and
(2) The animal can be quarantined in an appropriate facility for forty-five (45) days;
(b) The animal shall be released from quarantine only upon written order from the City Veterinarian declaring the animal to be free of rabies;
(c) If during confinement, the animal was found to have contracted rabies, it shall be euthanized.
(Ord. 884; Code 2017)
It shall be the duty of the owner or harborer of any animal and practicing veterinarians who become aware of an animal suspicioned or diagnosed as having rabies to report said suspicion or diagnosis to the City Veterinarian and Animal Control Officer. This report shall be made immediately upon diagnosis or suspicion of rabies.
(Ord. 884; Code 2017)
The operator of a motor vehicle which strikes any animal shall stop at once and shall immediately contact the owner of such animal if the owner can be determined. In the event the owner cannot be ascertained or located, said operator shall at one report the accident to an Animal Control Officer or Law Enforcement Officer.
(Ord. 884; Code 2017)
It shall be unlawful for the owner or harborer of any dog, cat or ferret over four (4) months of age to fail to maintain effective rabies immunization of such dog, cat or ferret. Upon request by and Animal Control Officer or Law Enforcement Officer the owner or harborer must be able to produce a current, valid, completed certificate of immunization against rabies or the dog, cat or ferret shall be deemed not to be immunized.
(a) Every owner or harborer of any dog over three (3) months of age shall annually register with the City of Bucklin his or her name and address with the name, sex and description of each dog owned or harbored within the City. It shall be unlawful for the owner or harborer of any newly-acquired dog to fail to register the animal within thirty (30) days from acquisition or bringing the dog into the City. It shall be unlawful for the owner or harborer of any previously registered dog to fail to maintain current registration of such dog.
(b) The registration period shall be from January through December 31st of each year.
(c) The City shall collect an annual registration fee of Five Dollars ($5.00). No more than three (3) dogs shall be registered at each household.
(d) It shall be the duty of the City Clerk or designee, upon receipt of the registration fee herein before required, to record the date of registration, and the animal of the owner or harborer, the number of the registration, and the fee paid, and to deliver to the owner or harborer of the dog a certificate stating that the person has registered the dog and the number by which the dog is registered. The City Clerk or designated agent shall also deliver to the owner or harborer of the dog a tag with the registration number and the registration year thereon. When any registration tag is lost during a registration period, the owner of the dog may request a duplicate tag for the reminder of the registration period. When so requested, the City Clerk or designated agent shall, upon presentation of the registration certificate, issue a duplicate of such tag without a charge.
(e) It shall be unlawful for any person to take off or remove the City registration tag from any dog belonging to another, or remove the strap or collar to which the same is fastened.
(f) It shall be unlawful for anyone to register more than three companion animals to any location.
(Ord. 884; Code 2017)
It shall be unlawful for any person to place on any dog a tag issued for any other dog or cat, or to make or use any false, forged or counterfeited tag or imitation thereof.
(Ord. 884; Code 2017)
(a) Any companion animal or domestic animal found in violation of the provisions of the Article shall be subject to impoundment by the City.
(b) A record of all dogs impounded shall be kept by the City containing a physical description of the animal, registration number (if any) and the date of impoundment.
(c) If the animal impounded has a current registration tag attached to it or if the staff of the Animal Shelter knows the owner of the animal by other means, every reasonable attempt shall be made to contact the owner as soon as possible or at least twenty-hour (24) hours before such animal is disposed of by destruction, sale or adoption. If after a minimum of three (3) full business days of custody during which the public has clear access to inspect and recover the animal through time periods ordinarily accepted as usual business hours, the Animal Shelter staff has been unable to locate the owner, or the owner, upon having been located, fails to redeem or claim the animal, then the animal may be euthanized, sold to or adopted by any person.
(d) If at any time within the impounding period, the owner of an impounded animal does appear to redeem the animal, it shall be turned over to the owner upon payment of the impoundment fee or penalties plus the actual cost of impoundment, and upon compliance with the registration and immunization provisions of this Article. This subsection shall not apply to any animal alleged as being aggressive under Section 2/114, quarantined for rabies observation under Section 2/117, or being held as evidence regarding a violation of this chapter.
(e) Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this Article for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commended hereunder.
(Ord. 884; Code 2017)
Any unsprayed female dog in the stage of estrus (heat) shall be confined during such period of time in a secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain access to the confined animal except of purposes of planned breeding. Any female dog that is in the state of estrus (heat) and that is not properly confined, or any such dog that is creating a neighborhood nuisance, may be impounded by an Animal Control Officer of law Enforcement Officer. All expenses incurred as a result of the impoundment shall be paid by the owner or harborer.
(Ord. 884; Code 2017)
(a) It shall be unlawful for any person, partnership, organization, association, business firm or corporation to keep, maintain, harbor or have in control within the City any Exotic Animal.
(b) The prohibitions of this Section shall not apply to zoos, circuses, carnivals, pet shops, educational institutions, or medical institutions, if:
(1) Their location conforms to the provision of the Zoning Ordinance of the City; and
(2) all animals and animal quarters are kept in a clean and sanitary condition so maintained as to eliminate objectionable odors; and
(3) animals are maintained in quarters constructed as to prevent the animals; escape.
(Ord. 884; Code 2017)
It shall be unlawful for any person, partnership, organization, association, business, firm or corporation to own, harbor or maintain a Domestic Animal within the City.
(Ord. 884; Code 2017)
(a) It shall be unlawful for any person, partnership, organization, association, business, firm or corporation to operate or maintain any Kennel within the city without possession of a current valid permit issued by the City which designates the number of dogs which may be maintained and the location at which they may be kept.
(b) Permits must be renewed on an annual basis and are not transferable.
(c) It shall be unlawful for the owner of operator of any Kennel within the city to fail to display a current permit upon request by an Animal Control Officer or any law enforcement officer.
(Ord. 884; Code 2017)