For the purpose of this chapter, the following words and phrases shall mean:

(a)   Abandon: Includes 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)   Animal: Any live vertebrate creature, domestic or wild.

(c)   Animal Control Officer: Any person empowered by the city to enforce, or aid in the enforcement of this chapter.

(d)   Animal Shelter: Haysville animal shelter, which is hereby designated by the city as the facility for the boarding and disposition of any animal impounded under the provisions of this chapter, or any city ordinance or law of the state of Kansas.

(e)   Attack: any violent or aggressive physical contact with a person or domestic animal, or violent or aggressive behavior that confines the movement of a person, including, but not limited to, charging, cornering, chasing, or circling a person.

(f)   Bite: 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 of the animal causing such bite.

(g)   Cat: Any member of the species felis catus, regardless of sex.

(h)   Common Areas of Condominiums, Townhouses and Apartment Buildings: Includes, but is not limited to the yards, grounds, garden areas, play area, clubhouses, swimming pools, sidewalks, walkways, common garage areas, entryways, hallways, and           driveways of condominiums, townhouses or apartment building complexes.

(i)    Control of a Dog or any other animal: To physically restrain by means of an appropriate pen, or by a substantial chain or leash held by a responsible person who is 18 years of age or older, and possesses sufficient strength for physical control of the animal.

(j)    Dog: Any member of the species canis familiaris, regardless of sex. Such term shall not include hybrid breeds of dogs which have been bred to a wild animal.

(k)   Guard Dog: Any dog placed within an enclosure for the protection of persons or the property by attacking or threatening to attack any person found within the enclosure patrolled by such dog.

(l)    Harbor: The act of keeping or caring for an animal or providing premises to which the animal returns for food, shelter, or care.

(m)  Harborer: See Owner, Keeper, Harborer.

(n)   Humane Traps: Box-type, live type, which do not cause bodily harm to the animal intended to be captured or any animal or person coming in contact with such trap.

(o)   Inhumane treatment: any treatment to any animal which deprives the animal of necessary sustenance, including food, water and protection from the weather; endangers the safety, health or well-being of an animal from heat, cold or lack of adequate ventilation; any treatment such as overloading, overworking, tormenting; beating, mutilating, teasing or other abnormal treatment; or causing or allowing the animal to fight with any other animal.

(p)   Keeper: See Owner, Keeper, Harborer.

(q)   Livestock: Includes, but not limited to, cattle, horses, swine goats, sheep or other animals, commonly regarded as farm animals. Animals kept as house pets, such as pygmy goats or pot belly pigs, shall not be declared livestock if the animal resides on the property in living conditions commonly associated with the manner of maintaining a pet animal.

(r)    Microchip: a passive transponder which can be implanted in an animal and which is a component of a radio frequency identification (RFID) system.

(s)   Mistreatment: Includes every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

(t)    Neglect: Includes the failure to provide food, water, protection from the elements, opportunity for exercise or for other normal, usual and proper care for an animal’s health and well being.

(u)   Neighbor: any person residing within 200 from the outermost property line of the property where a domestic animal is owned, kept or harbored.

(v)   Nuisance Animal: means any repeated acts of an animal that irritates, perturbs or damages rights and privileges common to the public or enjoyment of private property or indirectly injures or threatens the safety of a member of the general public. Such actions include, but are not limited to:

(1)   Damage to public or private property including, but not limited to: breaking, bruising, tearing up, digging up, crushing or injuring any lawn, garden, flower bed, plant, shrub or tree in any manner;

(2)   Rips any trash bag or tips any solid waste collection container which spills or scatters trash, debris, refuse or waste.

(3)   Repeatedly defecates upon any public place or upon premises not owned or controlled by the animal’s owner, keeper or harborer, provided that this definition shall not apply where such waste is immediately removed and properly disposed of by the owner of such animal.

(4)   Allowing or permitting an animal to be maintained in an unsanitary condition so as to be offensive to sight or smell.

(5)   Causes a condition which endangers public health or safety.

(w)  Owner, keeper or harborer: any person who possesses, harbors, keeps, feeds, shelters, maintains, offers refuge or asylum to any animal, or who professes to keeping, owning or harboring of such animal. In addition, any person who signs a receipt as owner, keeper or harborer for the return of an animal from any shelter or animal holding facility, shall be presumed to be the owner, keeper or harborer of the animal. A parent or legal guardian shall be deemed to be an owner, keeper or harborer of animals owned, kept or harbored upon their premises by minor children who are less than 18 years of age. Such term shall also include any person who exercises control over or is in possession of any such animal. The term “Owner” when used in this Chapter shall be construed to include “Keepers” and “Harborers.”

(x)   Person: any individual, firm, association, joint stock company, syndicate, partnership, corporation, other state franchised business entity such as a professional association, limited liability company, or limited liability partnership, or other organization of any kind.

(y)   Pet Animal: Includes dogs, cats, rodents, birds, reptiles, pot belly pigs, pygmy goats and any other species of animal which is sold or retained as a household pet, but does not include skunks, and other species of the wild, exotic or carnivorous animals that may be further restricted in this chapter.

(z)   Picket: Means attaching a leash, rope, chain, lead, or other similar apparatus or device to the body of an animal and another object for the purpose of confining the animal or limiting the movement of the animal.

(aa) Rabbits, Poultry and Domestic Fowl: Includes; rabbits, pigeons, chickens, chicks, ducks, geese, turkeys, doves, squabs and all similar domestic fowl other than pet animals.

(bb) Running at Large: An animal off the premises of its owner, keeper or harborer and not effectively controlled and restrained by means of a leash, cord, or chain not exceeding ten (10) feet in length. For the purposes of this definition, “the premises of its owner, keeper, or harborer” shall not include common areas of the grounds of a condominium, townhouse or apartment, and unrestrained animals upon those areas shall be deemed to be running at large. The phrase “effectively controlled and restrained” does not exclude extendable leashes that are maintained at ten (10) feet of length or less. It shall be a question of fact whether an individual, due to age, ability, or attention was able to effectively control and restrain an animal by means of a leash, cord, or chain of any length. This Section shall not apply to working dogs authorized by the City, or animals inside a fenced dog park or designated off-leash area as described in Chapter 12, Article 4.

(cc) Temperature and Ventilation Standard: The City hereby adopts the standards promulgated by the American Society for the Prevention of Cruelty to Animals (ASPCA) in association with temperature and ventilation standards. The ASPCA has determined that when the outside temperature is 85 degrees the inside of a vehicle will reach 102 degrees within ten (10) minutes, even with the windows cracked. In half an hour, the temperature inside a closed vehicle will soar to 120 degrees, which can be lethal to an animal in minutes. Because animals can’t sweat, they can’t control their body temperature in intense heat, leading to extensive organ damage, heatstroke or suffocation.

(dd) Wild Animals: Includes all species of animals which exist in their natural unconfined state and the majority of such species are not domesticated.

(Code 1984; Ord. 851; Ord. 860; Code 2015; Code 2019; Ord. 1063)

(a)   It shall be unlawful for the owner, harborer or person of any animal other than a cat or cats to permit the same to run at large.

(b)   Any owner of any animal, other than cats, found running at large within the corporate limits of the city shall be deemed guilty of a misdemeanor. Knowledge or intention on the part of the owner shall not be elements of this offense. The animal control officer may seize, impound and cause to be destroyed any such animal, pursuant to the provisions of K.S.A. 47-1701, et seq., and amendments thereto. The animal control officer may cause any such impounded animal to be returned to its rightful owner upon the payment of a service charge, a boarding fee for days spent in confinement at the shelter prior to return of the animal, and citations for the animal for running at large, and all other applicable citations for violation of this code.

(c)   Any animal injured or found to be ill on public property while running at large shall be removed by an animal control or police officer who shall, if necessary, place such animal or animals in the custody of a doctor of veterinary medicine duly licensed by the state of Kansas for treatment of injury or illness, and the owner of any such animal or animals shall be liable for veterinary, impound or related expenses.

(d)   The owner of an injured animal taken to a veterinarian by the animal control officer or a police officer is responsible for payment of charges for veterinary services related thereto. The owner shall reimburse the city for all expenditures the city may pay for veterinary services rendered to or on behalf of the owner’s animal under this section, and the costs and fees may be ordered as restitution associated with any citation issued under this section.

(e)   If any animal dies while running at large on public property, the owner shall be liable for disposal fees established by the animal shelter in addition to penalties for violation of this section as set out in the schedule of fees.

(Code 1984; Ord. 851; Code 2008)

(a)   An “aggressive dog at large” includes any dog that without provocation, exhibits aggression toward, attacks, or bites either 1) a person or 2) another domestic animal, while such aggressive animal or dog is running at large as that language is set forth in 2-101(bb). Aggression or combativeness implies an actual threatening act as judged by a reasonable person, and may include physical harm or emotional harm, when a human being is in reasonable apprehension of immediate bodily harm to themselves, or their minor child. It is not necessary that a human victim be attacked, bitten, or scratched by the aggressive animal at large. A victim animal’s harm must be physical.

(b)   Any person found guilty of owning an/any animal that commits an act as described in subsection (a) above shall be fined a minimum of $100.00 and a maximum of $500.00 for the first offense within a twelve (12) month period; a minimum of $250.00 and a maximum of $1,000.00 for a second or subsequent offense within a twelve (12) month period, or by imprisonment, for not more than 10 days, or by both such fine and imprisonment. The Municipal Judge shall have no discretion to suspend payment of the minimum fine associated with this offense, but may suspend the term of imprisonment. The fine shall be in addition to any applicable court costs or impoundment fees. The impoundment facility shall not release an animal to an owner until the owner has paid the assessed fine and impoundment fees (accruing daily) in full and complied with all other terms of the adjudication.

(c)   Following a conviction for a violation of this section involving a physical injury to either a domestic animal or a human being caused by a dog, the Chief of Police must follow the provisions of Article 2-301 et seq. of this Code regarding determination of the animal’s status as “dangerous.” Prior to any other type of animal found to have committed an act as described under section (a) being released to the owner, keeper, or harborer, the municipal court judge may determine to hold the animal pending a review by the Chief of Police on the status of the animal as “dangerous” under the standards set forth in Article 2-301 et seq as applicable.

(d)   Victims of an aggressive animal at large may submit veterinarian bills, medical bills, or any other bills detailing damages associated with the animal attack for possible court ordered restitution in the Haysville Municipal Court as determined by the court. Restitution shall not be ordered for emotional harms.

(e)   Any other type of animal, owned or harbored within this City, may be impounded by the City pursuant to provisions of the nuisance code (e.g., see 7-401(g) or (i)). Any such impounded animal shall be turned over to an animal shelter or veterinarian for appropriate disposal if within seventy-two (72) hours of such animal’s impoundment

(1)   the animal is not claimed by the owner/harborer,

(2)   all fees paid in association with the impoundment, and

(3)   such nuisance situation corrected.

(Code 2008; Code 2022)

It shall be a separate offense for any person to receive two (2) or more citations for violation of Section 2-102A within a thirty-six month consecutive period. Such person shall be cited as a habitual violator. Violation of this section may be found when a single individual has been adjudicated guilty of a violation of section 2-102A regardless of the number of animals involved in such violations. Any person found guilty of a violation of this Section shall be fined a minimum of $500.00 and a maximum of $1,000.00 for each habitual violator citation. The Municipal Judge shall have no discretion to suspend the minimum fine or any portion thereof. A person cited for violation of this Section shall be required to appear in municipal court. In addition thereto, the Municipal Judge shall have the authority to sentence the individual to up to six (6) months in jail. It shall be a defense to an alleged violation of this Section for the defendant to have been adjudged not guilty of a charge of 2-102A, or that the charge was dismissed without a finding of, or admission of, guilt.

(Code 2008)

(a)   The keeping, pasturing, housing, corralling, or maintaining within the city limits of any swine or other livestock is hereby declared to be a nuisance and is prohibited. Persons or entities keeping, pasturing, housing, corralling, or maintaining within the city limits any swine or other livestock on the effective date of this section may continue to do so provided that:

(1)   The property is maintained in a manner that complies with the provisions of Chapters 2 and 7 of this code; and

(2)   The number of animals does not increase and the type of animal being kept does not change; and

(3)   When the keeping, pasturing, housing, corralling or maintaining of swine or livestock discontinues for a period of ninety (90) consecutive days or more, or the property upon which such keeping, pasturing, housing, corralling, or maintaining occurred is sold, the use of the property must thereafter comply with the provisions of this section.

(4)   Animals kept as house pets, such as pygmy goats or pot belly pigs, shall not be declared livestock if the animal resides on the property in living conditions commonly associated with the manner of maintaining a pet animal.

(b)   The harboring, keeping, or maintaining within the city, except by a circus or sideshow duly licensed to conduct business within the city, of any nonhuman primate, poison reptile, jaguar, leopard, lynx, tiger, lion, ocelot, bobcat, cheetah, mountain lion, wildcat, panther, coyote, wolf, skunk or bear or any hybrid of any of the aforementioned (whether or not domesticated) is hereby declared to be a nuisance and is prohibited.

(c)   The keeping, harboring or maintaining within the city of any animal, which by any sound or cry, causing of offensive odors, or the dangerous nature thereof shall disturb the peace, safety or comfort of any neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property, is hereby declared to be a nuisance and is prohibited.

(d)   It is unlawful for any person to keep or maintain roosters (male chickens), guinea cocks, peacocks or other birds that by nature exhibit loud calls, within the corporate limits of the city.

(Code 1984; Ord. 702; Ord. 851; Code 2015; Code 2022)

Horses are hereby prohibited on public sidewalks or in public parks except:

(a)   In parking areas;

(b)   In areas designated by special permits issued by the city; or

(c)   In parades sponsored by or authorized by the city of Haysville.

(Code 1984; Ord. 851)

(a)   No person shall house, keep, harbor, or maintain any livestock for more than one (1) hour, within a twenty-four (24) hour time period, within one hundred (100) feet of a residence in use by or occupied by any human. This section shall not preclude the riding of horses upon any equestrian trail established and maintained by a governmental agency or on a public street in accordance with this chapter.

(b)   The construction or occupancy of a new dwelling within one hundred (100) feet of a permanent structure, other than fences and corrals, in which a horse had been continuously kept for a period of more than six (6) consecutive months prior to such construction or occupation shall not require the removal of such permanent structure nor prevent the continued maintenance of a horse or horses there.

(c)   No person shall keep any rabbits, poultry or domestic fowl, within thirty-five (35) feet of any residence or dwelling, other than the residence of the person keeping or maintaining such rabbits, poultry or fowl. Dwelling shall not include any school, hospital or similar institution.

(d)   The construction or occupation of a new dwelling within thirty-five (35) feet of any location in or upon which rabbits, poultry, or domestic fowl have been continuously or customarily kept for a period of six (6) consecutive months prior to such construction or occupation of such dwelling shall not require the removal of such rabbits, poultry or domestic fowl from such location.

(Code 1984; Ord. 851)

It is hereby declared to be a nuisance and shall be unlawful for any person to maintain on any premises owned, occupied, or controlled by such person in the city, any chicken coop, rabbit hutch, corral, yard, kennel, stable, cow shed, horse shed, or horse picket line in a foul, offensive, noxious, or filthy condition.

(Code 1984, Ord. 851)

Animal control and police officers are hereby authorized to apprehend any wild animals that may be at large within the city and causing a public nuisance. Such wild animals may be impounded, released in wild areas outside the city or destroyed as such officers in their discretion shall determine, subject to applicable laws.

(Code 1984; Ord. 851)

(a)   It shall be unlawful for any person to bring an animal or animals within the city that have previously been declared aggressive, dangerous, or any similar status, by any other jurisdiction. Impoundment of animals who are the subject of any citation for violation of this section shall be at the discretion of any animal control or police officer. Any such animal which presents a clear and present danger to the public health and safety shall be immediately impounded or destroyed by an animal control or police officer.

(b)   Impoundment: When the animal control officer has probable cause to believe that an animal poses a danger to the community, the animal control officer shall impound such animal.

(c)   Immediate Destruction: Nothing in this Chapter or Article shall prevent or be construed to prevent animal control or police officers, or any law enforcement officer, from taking whatever action is reasonably necessary, including, but not limited to, immediate destruction of any animal declared to have an aggressive, dangerous, or similar status, without notice to the owner, to protect themselves or any other person from injury or danger.

(d)   The Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Section to serve up to a maximum of six (6) months in jail and to pay a fine not to exceed $1,000.00.

(Code 1984; Ord. 851; Code 2008; Code 2019)

Any unspayed female animal in the state of estrus, commonly known as “heat,” shall be confined during such state in a house, building or secure enclosure so constructed that no other animal or animals may gain voluntary access to such animal except for purposes of planned breeding. Any animal in the state of estrus and not confined as required by this section, or any such animal that creates a neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter and all expenses incurred by the city as a result of such removal shall be paid by the owner. Owners of such animal(s) removed to the animal shelter shall be charged at the rate as may be established from time to time by the animal shelter. Failure to comply with an order of the animal control officer with the respect to the confinement of animals in the state of estrus shall be a violation of this article and the animal shall be impounded pursuant to this chapter.

(Ord. 851)

All dead animals shall be disposed of by the owner or keeper thereof, within twenty-four (24) hours of such animal’s death, by burial, incineration in a facility approved by the animal control officer, by rendering or by other lawful means approved by the animal control officer. No dead animal shall be dumped or left on any public or private property.

(Code 1984; Ord. 851)

(a)   It shall be unlawful for any person to permit an animal, with or without the actual knowledge of such person or such animal’s owner, harborer, or keeper, to destroy, soil, defile, or damage or injure any property in which another person has an interest without such person’s authorization. Any animal permitted to engage in the activities prohibited by this section may be impounded as provided in section 2-211 and the owner, custodian, or keeper or such animal shall be subject to the provisions of section 2-211.

(b)   Any animal, running at large and found causing destruction, damage or injury to property as described in section 2-111(a) or found running at large and creating a nuisance upon such property, may be humanely restrained by the owner or occupant of such property or by such owner’s or occupant’s agent, for a reasonable time, during which time such owner, occupant or agent shall

(1)   notify animal control of his or her possession of the animal and request the impoundment of the animal; or

(2)   notify the owner or keeper of his or her possession of the animal and release the animal to the owner or keeper, or

(3)   release the animal.

Impoundment of the animal by the animal control officer will be at the officer’s discretion and subject to the provisions of section 2-211.

(Code 1984; Ord. 851)

It shall be unlawful for any person to:

(a)   Without proper prior legal authorization, intentionally poison any domesticated animal or distribute or set out poison in any manner with the intent to poison such animal.

(b)   Cause, instigate or encourage any animal to fight with another or to maintain any place where animals are permitted to fight for exhibition, for wager, or for sport or entertainment.

(c)   Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and interior temperature to prevent the suffering, disability, or death of such animal. In any prosecution under this Chapter involving temperature or ventilation, the City hereby adopts those standards set forth by the American Society for the Prevention of Cruelty to Animals (ASPCA). Exceeding these standards shall be prima facie evidence of endangering an animal’s safety.

(d)   Prosecution of any part of this Section shall be based upon the legal standard of objective reasonableness.

(Code 1984; Ord. 851; Code 2022)

Any operator of a motor vehicle which strikes any pet animal shall immediately stop and report such event to the owner of such animal, or in the event that the owner cannot be ascertained and located, to the animal control officer or any police officer. The report required by this section shall include any information concerning the condition, injury or death of any animal involved.

(Code 1984; Ord. 851)

(a)   A law enforcement officer, animal control officer, firefighter, or first responder may take all steps that are reasonably necessary to remove an animal from any situation, including a motor vehicle, if the animal’s safety, health or well-being appears to such officer to be in immediate danger from injury, heat, cold or lack of adequate ventilation, or any other form of cruelty or neglect. If the City’s animal control officer is not present at the scene, such officer who has acted to remove an animal from a dangerous situation pursuant to this section will immediately contact the City’s animal control officer to take control of the animal. The animal control officer will transport such animal to a veterinarian or public animal control facility for appropriate treatment and care.

(b)   Written notice bearing the contact information for the City’s animal control officer shall be left at the scene from which the animal was removed.

(c)   Nothing within this section shall be interpreted as a mandate that an officer act pursuant to section (a), and an officer may choose not to act when such officer believes that such action will result in any form of harm to such officer. Additionally, nothing in this section shall be deemed to authorize any individual not identified in subsection (a) to act pursuant to subsection (a), except when such individual is acting at the direction of any such officer.

Unless otherwise provided herein, any violation of this Chapter shall be punished in accordance with the General Penalty Provisions set forth in Chapter 1 of this Code.

(Code 2010)

Animal Control Officers and all members of the Police Department shall have the authority to sign complaints and serve notices to appear before the Municipal Court upon any person when the Animal Control Officer or Police Officer has probable cause to believe such person has or is violating a section of this Code. Such officer shall have the authority to issue, suspend or revoke licenses and permits as provided for by this Article.

Every summons and complaint charging a violation or violations of this article signed by a citizen complainant shall state the name of the defendant, the code section number or numbers alleged to have been violated, the general type of the offense to which each section or ordinance relates, the date and place of each alleged violation and that the defendant is required to appear to answer the charges on a date and at a time and place designated in the complaint or summons. The complaint or summons shall be signed by the person alleging the violation.