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 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 pursuant to section 2-115 of this chapter.
(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.
(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) Livestock includes, but is not limited to cattle, horses, goats, sheep or other animals, commonly regarded as farm or ranch animals.
(o) Neutered means any male or female cat or dog that has been permanently rendered sterile.
(p) 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.
(q) Owner means the one who owns, his or her employee, agent, or other competent person into whose charge the actual owner has placed an animal described in subsection (p) above.
(r) 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.
(s) Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.
(Ord. 510; Code 2019)
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, poison, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;
(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 or incurable and/or painfully crippling condition.
(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 under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color. This section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries 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 or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;
(f) Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal.
(g) Abandon or leave any animal in any place without making provisions for its proper care;
(h) These provisions shall not apply to the exceptions sanctioned under section 2-103.
In addition to the penalties provided in section 1-116 of this code, the municipal court judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible.
(Ord. 510; Code 2019)
The provisions of section 2-102 shall not apply to:
(a) Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care;
(b) Bona fide experiments carried on by commonly recognized research facilities;
(c) Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated;
(d) Rodeo practices accepted by the rodeo cowboys’ association;
(e) The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or by an authorized agent such as a licensed veterinarian, at the request of the owner;
(f) The humane killing of an animal by the animal control officer, a public health officer or a law enforcement officer in the performance of his or her official duty;
(g) The humane killing of an unclaimed animal after three full business days following the receipt of such animal at a municipal pound or an incorporated humane society shelter by the owner, operator or authorized agents of such establishments.
(Ord. 510; Code 2019)
(a) It shall be unlawful to keep, harbor, board or maintain horses, cattle, hogs, fowl or other animals and livestock, domesticated or non-domesticated, excluding vaccinated and lawfully licensed domesticated dogs and/or cats, and non-exotic animals purchased at a bona fide pet shop, within the corporate limits of the City of Haven, Kansas. Further, that the provisions of this section shall not apply to a licensed doctor of veterinary medicine engaged in his profession
(b) The city council may, in its discretion, approve a resolution authorizing an exception to subsection (a) upon showing by an applicant that the keeping, harboring, boarding, or maintaining of such animals and livestock is warranted and reasonable for the furtherance of educational purposes and does not otherwise offend the spirit of Section 2-101 et seq. of this code.
(c) It shall further be unlawful for any person, firm, corporation, or other entity to keep or harbor any such animal in the city so as to constitute a nuisance. For the purpose of this section "nuisance" is defined as any animal which:
(1) Molests or interferes with persons in the public right of way;
(2) Attacks or injures any person, or other domestic animals;
(3) Damages public or private property other than that of its owner or harborer by its activities or with its excrement;
(4) Scatters refuse that is bagged or otherwise contained;
(5) Causes any condition which threatens or endangers the health or well-being of persons or other animals;
(6) Offends the sense of sight, smell or hearing. This shall include any animal which by loud, frequent, and habitual barking, howling, yelping, mewing, roaring, or screeching shall disturb the peace of any neighborhood.
(d) It shall be the duty of any person, firm, corporation, or other entity keeping or harboring any animal in violation of this section to abate the nuisance, and if he or she fails to do so, the city may abate the nuisance by taking up, impounding and/or disposing of the animal at the expense of the owner. Any person, firm, corporation, or other entity keeping or harboring any animal in violation of this section and failing to abate the nuisance, will additionally be subject to the same procedures and penalties as identified in Chapter VIII, Article I, Section 8-101, et. seq. of the City of Haven Code regarding Health Nuisances.
(e) If a summons is issued charging violation of this section, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.
(Ord. 510; Code 2019; Ord. 720; Ord. 726)
(Ord. 510; Code 2019; Ord. 727)
(a) It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor, and devoid of rodents and vermin.
(b) Excrement shall be removed at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
(c) All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
(d) All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.
(e) All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public health official. If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 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.
(Ord. 510; Code 2019)
(a) It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the animal control officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer or his or her agent to impound such animal.
(b) For purposes of this chapter a vicious animal shall include:
(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; or
(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;
(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 while such officer is engaged in the performance of official duty.
(c) Whenever a sworn complaint is filed in the municipal court against the owner of an animal alleging that such animal is vicious and in violation of this section, the municipal judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this section and thereby in violation of this section. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination, the municipal judge shall consider the following:
(1) The seriousness of the attack or bite;
(2) Past history of attacks or bites;
(3) Likelihood of attacks or bites in the future;
(4) The condition and circumstances under which the animal is kept or confined;
(5) Other factors which may reasonably relate to the determination of whether or not the animal is vicious.
The municipal judge shall order the impoundment, the muzzling in accordance with subsection (d) and/or the confinement of the animal accused of being in violation of this section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the municipal judge may order the animal immediately destroyed.
(d) It shall be the duty of every owner, keeper or harborer of any dog in the city, which dog is vicious or has been known to bite, chase, or run after any person or animal in the streets, alleys, or any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the city limits contrary to this section shall be guilty of a violation of this code.
(e) Nothing in this chapter shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.
(f) If a complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. The municipal judge may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.
(Ord. 510; Code 2019)
It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city.
(Ord. 510; Code 2019)
It shall be unlawful to harbor, keep, board or maintain more than four (4) dogs at any residence or other place within the City of Haven, or keep, harbor, board or maintain more than four (4) cats within the City of Haven.
(Ord. 590; Ord. 680; Code 2019)