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

(a)   Abandon means 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)   Animals means all vertebrate and invertebrate animals such as, but not limited to cats (any member of the species felis catus), dogs (any member of the species canis familiaris), bovine cattle, horses and other equines, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated, regardless of sex.

(c)   Animal Shelter means the facility or facilities operated by the city or its authorized agents for the purpose of impoundment 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 which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary 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 of the animal causing such bite.

(f)    Fowl means all animals that are included in the zoological class aves.

(g)   Harbor means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or I any other premises where he or she resides or controls.

(h)   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.

(i)    Humanely Euthanasia means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.

(j)    Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

(k)   Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one (1) location only, five (5) or more dogs.

(l)    Livestock includes, but is not limited to cattle, horses, goats, sheep or other animals, commonly regarded as farm or ranch animals.

(m)  Neutered means any male or female cat or dog that has been permanently rendered sterile.

(n)   Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal, including, but not limited to cats, dogs, exotic animals, fowl and livestock. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

(o)   Owner means the one who owns, or an employee, agent, or other competent person into whose charge the actual owner has placed an animal described in Subsection (n) above.

(p)   Vaccination means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.

(q)   Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.

(r)    Vicious animal means:

(1)   Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

(2)   Any animal which attacks a human being or domestic animal without provocation;

(3)   Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; and

(4)   Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any Law Enforcement Officer or Animal Control Officer while such officer is engaged in the performance of official duty.

(Ord. 2900; Ord. 3010; Ord. 3408)

The Police Chief shall be charged with the enforcement of this chapter. Any person employed by the city and commissioned by the Police chief as a Law Enforcement Officer or as an Animal Control Officer shall have such powers and authority as allowed by law in the enforcement of this chapter.

A Law Enforcement Officer or an Animal Control Officer is authorized to employ the following means to capture an animal:

(a)   When deemed necessary for the health, safety and welfare of the residents of the city, such officers and/or their agents may place a humane trap on the property, if the resident requests such a trap, for the purpose of capturing any animal creating a nuisance in the city.

(b)   When deemed necessary for the health, safety and welfare of the residents of the city, such officers and/or their agents may use any tranquilizer guns, firearms, humane traps, or other suitable devices to capture, subdue or destroy any animal that is deemed by the officer, in the discretion of the officer, to be of a danger to itself or to the public health and safety.

A Law Enforcement Officer or an 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 such officer in the exercise of this right.

A Law Enforcement Officer or an Animal Control Officer shall impound animals at an animal shelter or a veterinarian clinic having the following facilities:

(a)   Adequate impoundment of all stray and ownerless dogs and cats and animals otherwise in violation of the provisions of this chapter

(b)   Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter

(c)   Individual isolation facilities for sick, biting, rabid and suspected rabid animals

(d)   Facilities for the humane destruction of all unwanted and wanted animals

It shall be unlawful for any person to:

(a)   Willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive vicious animals away.

(b)   Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done.

(c)   Have, keep or harbor any animal which is infected with any dangerous, incurable and/or painfully crippling condition, except as hereinafter provided. The Municipal Court may order a person convicted of violation under this subsection to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be destroyed humanely as soon thereafter as is possible. This section shall not be construed to include veterinary hospitals or animals under active veterinary care.

(d)   Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, except pigeons, under two (2) months of age in any quantity less than twelve (12); or to sell, offer for sale, barter, give away, or display animals or fowl as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color; provided, however, that this section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities by hatchery or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes.

(e)   Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one (1) or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animals.

(f)    Abandon, or otherwise neglect or refuse to supply such animals with necessary and adequate care, food, drink, air, light, space, shelter and protection from the elements as necessary for health and well-being of such kind of animal.

(g)   To set or cause to be set within the city, any steel-jaw let hold strap, snare, or any trap, other than a humane trap, as defined, for the purpose of capturing any animal, whether wild or domestic.

(a)   The owner or person in possession of any animal shall take all reasonable measures to keep such animal from becoming a nuisance. It shall be unlawful for the owner or person in possession of any animal to cause, permit or fail to exercise proper care and control to prevent such animal from performing, creating or engaging in an animal nuisance activity. For the purpose of this provision, “animal nuisance activity” is defined as any animal which:

(1)   When unprovoked, chases or approaches a person or domestic animal in a menacing fashion or apparent attitude of attack upon public property, public rights-of-way, or private property owned by any person other than the owner or possessor of the animal, or on the owner or possessor’s property if the person is lawfully on the property in the performance of public duties, including public utility, mail delivery, or law enforcement purposes. Menacing shall mean the display by an animal of a disposition, determination or intent to attack or inflict injury or harm to a human being or other domestic animal, including displays of growling, charging, lunging, snapping or biting;

(2)   When unprovoked, engages in a menacing behavior causing a person lawfully on abutting or adjoining private or public property or rights of way to reasonably believe the safety of the person is threatened. Particular attention shall be paid to threatened safety of children. Such menacing behavior may include displays of growling, snapping or biting, or behaviors such as charging or lunging at or against a fence or other barrier separating the animal owner or possessor’s premises from other public or private property. Attempts by an animal to cross outside the owner or possessor’s premises through, over or under a fence or barrier may constitute menacing behavior;

(3)   Attacks or injures a person or other domestic animal;

(4)   Damages public or private property by its activities;

(5)   Scatters refuse that is bagged or otherwise contained; or

(6)   Causes any condition which threatens or endangers the health or well being of a person or other animal;

(7)   Is repeatedly running at large.

(b)   If a summons is issued charging violation of this section, a subpoena may also be issued to a complainant, witness or other person to testify under oath as to the animal nuisance activity.

(Ord. 2900; Ord. 3010)

The keeping, or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited and declared to be a public nuisance and unlawful under this chapter.

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.

All premises on which animals are kept shall be subject to inspection by a Law Enforcement Officer or an Animal Control Officer. If a Law Enforcement Officer or an Animal Control Officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, the owner of the animals shall be notified in writing to correct the sanitation deficiencies within twenty-four (24) hours after notice is served on the owner. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.

All animals which die shall be disposed of by the owner or keepers within twenty-four (24) hours by burial, incineration in a facility approved by the Police Chief, by rendering or by other lawful means approved by the Police Chief. No dead animal shall be dumped on any public or private property. Dead animals the ownership of which cannot be determined and which are found on public property shall be removed by the Department of Public Works.

Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained and located, the operator shall at once report the accident to the Public Safety Department.

Any Law Enforcement Officer, Animal Control Officer or City Health Officer may take, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in a veterinary hospital or animal care facility for a period of not more than thirty (30) days during which time the City Health Officer shall determine whether or not such animal is suffering from a disease and, if not, the City Health Officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The City Health Officer may authorize the keeping of any such animal on the owner’s premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner.

Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the City Health Officer. It shall also be the duty of the owner of the bitten animal to either destroy or have the bitten animal destroyed unless the animal which was bitten has been vaccinated against rabies at least three (3) weeks before being bitten and has a current vaccination. If the bitten animal has a current vaccination, it shall be confined for ninety (90) days and shall be released from confinement only upon written order from the City Health Officer. If the animal is found to have contracted rabies during confinement, it shall be destroyed and disposed of in a proper manner.

The Mayor is hereby authorized, whenever the danger to the public safety from rabid animals is made imminent, to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any Law Enforcement Officer or Animal Control Officer.

It shall be unlawful to keep, harbor, own or in any way possess a vicious animal. The following provisions shall be applicable to vicious animals:

(a)   The impoundment of any animal whose owner has been cited for violation of this section shall be in the discretion of the Law Enforcement Officer or Animal Control Officer.

(b)   Any animal whose owner has been cited for violation of this section, which has not been impounded, shall be muzzled and secured in such as manner as to prevent such animal from biting any person or other animal until such time as a determination has been made by the municipal court as to whether such animal is vicious, as defined by this chapter.

(c)   Nothing in this chapter shall be construed to prevent a Law Enforcement Officer or Animal Control Officer from taking such action deemed reasonably necessary to protect such person or members of the public from injury or danger, including the immediate destruction of any vicious animal without notice to the owner.

(d)   Upon a finding that an animal is a vicious animal as defined by this chapter, the Municipal Court may order such animal to be destroyed in a humane manner.

(e)   Surrender of an animal by the owner to a Law Enforcement Officer or Animal Control Officer shall not relieve the owner from responsibility for fees and fines which may result from the violation of this section.

It shall be unlawful to keep, harbor, own or in any way possess:

(a)   Any domestic livestock or fowl, including but not limited to cattle, swine, horses, mules, sheep, goats, chickens, ducks, geese and turkeys, except that:

(1)   Registered purebred miniature Vietnamese pot-bellied pigs and other similar registered purebred miniature pigs may be maintained within the city limits, subject to the conditions stated in Section 4-123 below; and

(2)   Permitted chickens may be maintained within the city limits, subject to the conditions stated in Section 4-124 below.

(b)   Any warm-blooded, carnivorous, or omnivorous, wild or exotic animals (including, but not limited to nonhuman primates, raccoons, skunks, foxes and wild and exotic cats but excluding fowl, ferrets and small rodents or varieties used for laboratory purposes).

(c)   Any animal having poisonous bites.

(Ord. 3152; Code 2014; Ord. 3339; Ord. 3386; Ord. 3408)

(a)   Any person convicted of:

(1)   a violation of any provision of this article three (3) or more times in a 24 (twenty-four) month period; or

(2)   a violation of section 4-116 two (2) or more times in any five-year period, shall be declared a reckless animal owner.

(b)   The Police Chief shall issue a notification of the declaration of reckless animal owner to the person with the following:

(1)   name and address of the person subject to the declaration;

(2)   the description, violation, and conviction that led to the declaration;

(3)   the name, description, and license number of all animals subject to the effects of the declaration; and

(4)   instructions on appealing the declaration to the City Commission.

A person declared to be a reckless animal owner may appeal to the City Commission within 30 days of the date of the declaration. Upon appeal, the person must provide clear and convincing proof that the person does not qualify as a reckless animal owner under this section.

(c)   Once declared a reckless animal owner, the city registration of all animals owned by the person shall be revoked, and the person shall not own, keep, possess, or harbor an animal for a period of five (5) full years from the date of the declaration.

(d)   A person declared to be a reckless animal owner may apply to the Police Chief to have the declaration waived after two (2) years upon meeting the following conditions:

(1)   The person has no subsequent violations of this article; and

(2)   The person provides proof to the Police Chief of successful completion of a program designed to improve the person's understanding of animal ownership responsibilities and based upon an interview with the Police Chief, or his or her designee, establishes that understanding.

If the Police Chief finds sufficient evidence that the person has complied with all conditions in this subsection, the Police Chief may rescind the reckless owner declaration subject to conditions that can help to ensure no future violations. If the Police Chief declines to remove the declaration, the person aggrieved may appeal to the City Commission within 30 days of that decision. Upon appeal, the person must provide clear and convincing proof that ownership of any animal in the future will be handled responsibly and not in violation of any law or ordinance.

(Ord. 3339; Ord. 3408)

Any animal found in violation of the provisions of this article shall be subject to impoundment by the city. A record of all animals impounded shall be kept by the city containing the species, color, sex, weight, height, identifying marks, and the date of impoundment.

The Police Chief, or his designee, shall notify the owner of the impoundment of such animal as soon as possible. If at the end of three (3) business days, the Police Chief, or his designee, has been unable to locate the owner, or the owner upon having been located, refuses to claim or redeem said animal, then the animal may be sold, euthanized or otherwise disposed of.

(Ord. 2900; Ord. 3344)

If during the impoundment period, the owner of an impounded animal claims the animal, it shall be released to the person claiming it upon payment of the actual costs of impoundment, and upon compliance with al other applicable provisions of this article. Release from impoundment and the payment of impoundment fees shall not preclude the Municipal Court from imposing any fine which might otherwise be levied under this article for violation of any of the provisions thereof.

Any person violating or permitting the violation of any provision of this article shall upon conviction in Municipal Court be fined a sum not more than five hundred dollars ($500.00). In addition to the fine imposed the court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days. Each day that a violation of this article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.

The provisions of this article are not applicable to owners, keepers or harborers of registered purebred miniature Vietnamese pot-bellied pigs and other similar registered purebred miniature pigs which may be maintained within the city limits, subject to the following restriction:

(a)   REQUIREMENTS. It shall be unlawful for any person to maintain a registered purebred miniature pig which is:

(1)   not spayed or neutered upon reaching maturity or

(2)   has not undergone a blood test to show that the animal is free from pseudorabies, or

(3)   is maintained as a food source.

(b)   IT SHALL BE UNLAWFUL FOR ANY PERSON TO:

(1)   keep a registered purebred miniature pig without a current city issued license; or

(2)   maintain more than one registered purebred miniature pig at one licensed premise.

(c)   LICENSE. A one-time application fee as prescribed in section 1-310 shall be paid to the city before a registered purebred miniature pig may be licensed and maintained within the city limits. Thereafter, an annual license fee as prescribed in section 1-310 shall be paid to the City of Abilene, renewable in January of each year in order for any person to continue to maintain a registered purebred miniature pig within the city limits.

The license shall continue until any of the following shall occur:

(1)   the annual renewal fee is not timely paid;

(2)   the license is revoked;

(3)   the animal dies;

(4)   the animal is no longer kept or maintained at the location stated in the license; or

(5)   the licensee no longer resides at the location stated in the license.

(d)   REVOCATION OF LICENSE. The license may be revoked by the city if the licensee shall fail to abide by all applicable city codes and ordinances. No person who has had a permit revoked shall be permitted to make application for another license within one year from the date of the revocation of the previous license.

(e)   PENALTY. A violation of this Section shall constitute a class C violation. Any person who shall be convicted in municipal court of violating any provision of this section shall be punished by a fine of not more than $500.00. Each day that a violation occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation.

(Ord. 3152; Code 2014; Ord. 3425)

The provisions of this article are not applicable to owners, keepers, or harborers of permitted chickens which may be maintained within the city limits, subject to the requirements of this section:

(a)   Definitions.

(1)   Permittee means a person to whom a permit has been issued by the city under this section.

(2)   Chicken means an individual animal of the species Gallus gallus domesticus.

(3)   Hen means the female chicken.

(4)   Rooster means a male chicken.

(b)   Permit required. No person shall own, keep, or harbor a chicken within the city limits without a permit issued pursuant to this section.

(c)   Locations permitted. Only persons residing in residential zoning districts shall be eligible for a permit under this section.

(d)   Number allowed. A permittee shall not own, keep, or harbor more than six (6) hens, unless the permittee’s dwelling is situated upon more than one (1) acre, in which case the permittee shall be allowed to own, keep, and harbor an additional three (3) hens for each full additional one (1) acre of property that is under the permittee’s control and possession.

(e)   Roosters prohibited. It shall be unlawful to own, keep, or harbor a rooster within the city limits.

(f)    Setbacks. Coops and cages housing hens shall not be located within:

(1)   Twenty-five (25) feet from the door or window of any dwelling or occupied structure other than the permittee’s dwelling;

(2)   Five (5) feet of a side or rear yard lot line;

(3)   In a front yard; or

(4)   Ten (10) feet of the permittee’s principal dwelling.

(g)   Enclosures. Hens shall be provided with a covered, predator-proof coop or cage that is well ventilated and designed to be easily accessed for cleaning. The coop or cage shall allow at least two (2) square feet of space per hen. Any coop or cage exceeding 100 square feet in size shall be considered an accessory structure as defined in the Zoning Regulations and must meet all standards outlined therein. Hens shall have access to an outdoor enclosure that is adequately fenced to contain the birds on the permittee’s property and to prevent predators from accessing the birds.

(h)   Sanitation. The coop or cage, and the outdoor enclosure, must be kept in a sanitary condition and free from offensive odors. The coop or cage, and the outdoor enclosure, must be cleaned at least once each week to prevent the accumulation of waste.

(i)    Slaughtering. No person shall engage in the outdoor slaughtering of chickens. The remnants from slaughtering shall be properly disposed of, in accordance with applicable laws.

(j)    Permit applications.

(1)   Each applicant seeking to obtain a permit under this section shall apply for a permit in writing on such form as the city clerk may prescribe, and shall pay a non-refundable fee to the city clerk as prescribed in section 1-310.

(2)   Each application for a permit shall be signed by the applicant, who shall be at least eighteen (18) years old, and who shall be in actual control or possession of the dwelling on the subject property. The application shall include or be accompanied by the following information:

(A)  The name, address, telephone number, and date of birth of the applicant.

(B)  A description of the location and size of the subject property.

(C)  The number of hens the applicant proposes to keep on the subject property.

(D)  A description and precise dimensions of the coop(s) or cage(s) and outdoor enclosure(s) to be maintained on the subject property, along with a description or depiction of the precise location(s) of these enclosures in relation to the property lines and adjacent properties.

(E)   If the applicant proposes to keep hens in the yard of a multi-family dwelling, the applicant must include a signed statement from the owner(s) and all tenants of the multi-family dwelling, indicating their consent to the applicant’s proposal for keeping hens on the premises.

(F)   Such other information as is required by this chapter or reasonably required by the city to determine the applicant’s eligibility and qualifications for a permit in accordance with the criteria, standards, and qualifications set forth in this section.

(k)   Issuance or denial of permit.

(1)   The city clerk shall process each valid and administratively complete application for a permit within ten (10) business days.

(2)   No permit shall be approved for any person ineligible pursuant to the provisions of this section.

(3)   No permit shall be approved for any person who has been convicted, or who resides with any person in the subject property who has been convicted, of a crime related to maltreatment, mistreatment, neglect, or cruelty to any animal.

(l)    Duration of initial permit; renewal.

(1)   Any permit issued pursuant to this article shall be for a term of the remainder of the calendar year in which the permit is issued. A permit may be renewed by making timely payment of an annual renewal fee as prescribed in section 1-310 to the city clerk on or before December 31 of each calendar year. If the annual renewal fee is not made during the time provided herein, the permit shall expire on December 31 and a new application shall be required.

(2)   A permit issued under this section may be revoked or temporarily suspended by the city manager for any of the following reasons:

(A)  Violation of or failure to comply with any provision of this section, or any other provision in this code or applicable city ordinances; or

(B)  Fraud, misrepresentation, or false statement contained in the application for the permit.

(m)  Appeal. Any person aggrieved by the city clerk’s denial of an initial permit application, or a decision of the city manager to suspend or revoke a permit, shall have the right to appeal such decision to the city commission within ten (10) days after the notice of the action or decision has been mailed to the applicant or the permittee, as applicable. An appeal to the city commission shall be taken by filing with the city clerk a written statement setting forth the grounds for the appeal. An appeal shall be considered by the city commission at a regular meeting to be held within fifteen (15) days of receipt of the written appeal. The city commission may affirm, overrule, or modify the decision. Any person aggrieved by the city commission’s decision on appeal may seek judicial review in a manner provided by law.

(n)   Inspection. As a condition of the permit, the permittee agrees to the entry and inspection of any premises, building, enclosure, or other premises where the hens are kept or allowed to inhabit. Such inspection shall be conducted at reasonable times, with or without notice, by such city representatives designated by the city manager as being responsible for administration of this section.

(o)   Transferability. A permit issued under this section shall not be assignable or transferable under any circumstances from one person to another person.

(p)   Penalty. A violation of this section shall constitute a class C violation. Any person who shall be convicted in municipal court of violating any provision of this section shall be punished by a fine of not more than $500.00. Each day that a violation occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation.

(Ord. 3386; Ord. 3425)