CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. GENERAL PROVISIONS

For the purposes 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)   Animals - means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, 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.

(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 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 and sidewalks 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)   Cat - means any member of the species felis catus, regardless of sex.

(g)   Dangerous or Vicious Animal - means any animal deemed to be dangerous or vicious per section 2-115.

(h)   Dog - means any member of the species canis familiaris, regardless of sex.

(i)    Fowl - means all animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

(j)    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 any other premises where he or she resides or controls.

(k)   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.

(l)    Humanely Euthanize - 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.

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

(n)   Kennel - means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, more than dogs.

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

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

(q)   Own - means and includes own, keep, harbor, shelter, manage, possess, 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 of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

(r)    Owner - means the one who owns, or his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in subsection (q) above.

(s)   Person - shall mean any person, firm, partnership, association or corporation.

(t)    Undomesticated animal - means and includes any wild mammal, reptile or fowl which is not naturally tame but is of a wild nature or disposition.

(u)   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.

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

(Code 2014)

It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to possess and maintain any animal, livestock or fowl, or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats or swine, or undomesticated animals are kept, within 300 feet of any residence of another. The provisions of this section shall not apply to the maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city.

(Code 1984; Code 2014)

No person shall keep any bee colonies within the city limits.

(Code 1984; Code 2014)

Any person who harbors or maintains any animal, fowl, dog or cat in any building, pen or enclosure on his or her premises which is not kept clean, sanitary or free from filth, debris, garbage and offensive odors at all times, or which is or becomes offensive to those residing in the vicinity shall be deemed to maintain a nuisance. Such a nuisance shall be abated pursuant to the procedure set out in Chapter 8 of this code.

(Code 1972, 3-3; Code 1984; Code 2014)

It shall be unlawful for any person to allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in section 2-107.

(Code 1984; Code 2014)

It shall be unlawful for any person to herd or graze any animal along the streets and alleys, or upon public grounds of the city, even when such animal is picketed upon private grounds. Any animal found in violation of the section shall be considered at large and shall be impounded, as provided in section 2-107.

(Code 1984)

The animal control officer or police officer shall impound any animal or fowl found at large in the city in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible. The city shall be entitled to receive from such owner the actual cost of feeding and maintaining the animal while impounded. In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal shall be considered a stray. The chief of police shall report the impounding of such stray to the county sheriff and the animal shall be disposed of as provided by law. This section shall not apply to dogs and cats. See section 2-201 hereof.

(Code 1972, 3-2; Code 1984) (Ref. K.S.A. 47-230 for disposition of strays.)

It shall be unlawful for any person to break open, or assist, counselor advice the breaking open of the city pound, or to take or let out any animal placed therein by the impounding officer. This section shall not apply to any officer duly authorized to handle animals impounded.

(Code 1984)

(a)   It shall be unlawful for any person to:

(1)   Willfully or maliciously kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise cruelly treat any animal, except that necessary force may be used to protect any person or property from attack by any animal;

(2)   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;

(3)   Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as hereinafter provided. This section shall not be construed to include veterinary hospitals or animals under active veterinary care;

(4)   Sell, offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, 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, as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowl for recognized animal husbandry purposes;

(5)   Promote, stage, hold, manage, or participate in any game, exhibition, contest or fight between animals, or between animals and humans;

(6)   Neglect or refuse to supply any animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for the health and well-being of such kind of animal;

(7)   Fail to report to the police department as soon as possible when a motor vehicle he or she is operating strikes and injures any animal.

(b)   Authorization to Take Animal into Custody. Any public health officer, law enforcement officer or licensed veterinarian, or any officer or agent of any duly incorporated humane society, animal shelter or other appropriate facility, may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined in Section 2-109(a). Such officer, agent or veterinarian may inspect, care for or treat such animal or place such animal in the care of a duly incorporated humane society or licensed veterinarian for treatment, boarding and other care or, if it appears, as determined by an officer of such humane society or by such veterinarian, that the animal is terminally diseased or disabled beyond the ability to survive with any quality of life, the humane killing thereof.

(c)   Immunity for Euthanization. The owner of an animal killed pursuant to Section 2-1 09(b) shall not be entitled to recover damages for the killing of such animal unless the owner proves that such killing was unwarranted.

(d)   Responsibility for Costs. Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to Section 2-109(b), pending prosecution of the owner of such animal for the crime of cruelty to animals, shall be assessed to the owner as a cost of the case if the owner or custodian is adjudicated guilty of such crime.

(e)   Forfeiture of Animal. If a person is adjudicated guilty of the crime of cruelty to animals, in addition to any fine assessed, the court may order that such animal not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale or other disposition.

(Code 1990; Ord. 2292; Ord. 2420)

(a)   It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap;

(b)   No person shall poison, wound, injure or kill any animal within the City except in the case of protection or persons, animals, or property belonging to another.  Also any law enforcement officer or animal enforcement officer may do so in the performance of their duties.

(Code 1984; Ord. 2292; Code 2014)

It shall be unlawful for any person to put the carcass of any animals, domestic fowl, including dogs and cats, or any part thereof, into or upon any private or public property within the city, including the city dumping grounds, or in any streams or near any dwelling under the jurisdiction of the board of health of this city or for any person owning such carcass to knowingly permit the same to remain in any of the aforementioned places to the injury of the health, or to the annoyance or damage of any citizen of the city. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Code 1984)

(a)   The chief of police shall be responsible for the removal of any dead animal found within the city, except as otherwise provided in this ordinance. In this ordinance the term “dead animal” shall exclude any animal lawfully and humanely killed for food.

(b)   No person having in his or her possession any dead animal shall permit the same to remain in or upon any private or public place without at once, upon the death or the discovery of the animal, giving notice to the chief of police.

(Code 1984)

(a)   The owning of any wild, poisonous, or vicious animal within the city limits is prohibited as hereinafter provided. The governing body of the city shall have the authority by resolution to declare an animal wild, poisonous, or vicious because of the inherently dangerous nature of the animal as to persons, its history of attack or wounding of persons, the seriousness of these attacks or wounds, and it’s potential to inflict wounds in the future. Such declaration shall be grounds for the impoundment and humane euthanizing of the animal unless, without danger to the public, the animal can be and is removed from the city within 48 hours.

(b)   Dogs: Keeping Prohibited - It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Sterling, Kansas, any “Rottweiler” dog or “Pit Bull” dog. For purposes of this Section, “Rottweiler” shall mean any dog which has the appearance and characteristics of being predominantly of the Rottweiler breed of dog. “Pit Bull” dog is defined to mean the following:

(1)   The Staffordshire bull terrier breed of dog;

(2)   The American pit bull terrier breed of dog;

(3)   The American Staffordshire terrier breed of dog;

(4)   Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or a combination of any of these breeds.

(Ord. 2335, Sec. 1; Ord. 2292, Sec. 1; Code 2014)

Any person or persons violating any of the provisions of this article shall upon conviction thereof be fined in any sum not less than $75.00 nor more than $500.00. Each day's violation of any of the provisions of this article shall constitute a separate offense.

(Code 1984; Code 2014)