(a) CRUELTY TO ANIMALS. No person shall overload, overwork, torture, torment, beat, mutilate, maim, unnecessarily kill, abandon, or inflict any other act of cruelty upon an animal or cause such to be done.
(b) LACK OF CARE. No person having custody of an animal, or owner or otherwise, shall neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter and protection from the elements as prescribed in this section.
(1) “Food”. Food shall be wholesome and of sufficient quantity and nutritive value to maintain all animals in good health. Animals shall be fed at least once a day except as dictated by hibernation, veterinary treatment, normal fasts or other professionally accepted practices. All foods receptacles shall be kept clean.
(2) “Fresh Water”. Adequate fresh water shall be available to animals at all times.
(3) “Outdoor Shelter”. Natural or artificial shelter appropriate to the local climactic conditions for the species concerned shall be provided for all animals kept outdoors to afford them protection and to prevent discomfort of such animals. When sunlight is likely to cause discomfort or overheating of the animals, sufficient shade by natural or artificial means shall be provided to allow all animals kept outdoors to protect themselves against direct sunlight. Every person having custody of animals which are kept outdoors or in an unheated enclosure shall provide the animal with the following minimum standards of shelter: (A) It shall include a moistureproof and windproof structure of suitable size to accommodate the animal and allow retention of body heat and shall be made of durable material, with a solid floor. (B) It shall be provided with a sufficient quantity of clean suitable bedding material to provide insulation and protection against cold and dampness and promote the retention of body heat, and the opening of such structure shall face away from the prevailing winds.
(4) “Sanitation”. Both indoor and outdoor enclosures shall receive periodic cleanings to remove excreta and other waste materials, dirt and trash so as to minimize disease hazards and to reduce odors.
(Ord. 617; Code 2012)
(a) “Animals: Keeping Prohibited”. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Moundridge, Kansas:
(1) Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes). Further this prohibition shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions or medical institutions if:
(A) Their location conforms to the provisions of the zoning ordinance of the City.
(B) All animals and animal quarters are kept in clean and sanitary conditions and no maintained as to eliminate objectionable odors.
(C) Animals are maintained in quarters so constructed as to prevent objectionable odors.
(2) Any animal having poisonous bites.
(3) Any Pit Bull Dog.
(A) Legislative Findings. The Governing Body of the City of Moundridge finds and determines:
(i) That as a breed of dogs, all Pit Bulls are inherently dangerous.
(ii) That the possession of Pit Bulls within the City poses a significant threat to the public's health, safety and welfare.
(B) Definitions. As used in this section the name or term “Pit Bull” shall mean:
(i) The Bull Terrier breed of dogs;
(ii) The Staffordshire Bull Terrier breed of dogs;
(iii) The American Pit Bull Terrier breed of dogs;
(iv) The American Staffordshire Terrier breed of dogs;
(v) Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
(vi) Any dog which has the appearance and characteristics of being predominately of the breeds of Bull Terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of thlese breeds.
(4) Any horse, mule, donkey, cow, sheep, goat, pig, or any other type of farm animal not mentioned, which would violate the intent of this section. This clause does not exclude horses from being ridden or use to pull carts, wagons, etc., on the streets of Moundridge. Neither does it prohibit the temporary housing of animals participating in a fair, carnival, rodeo, or other type of celebratory event being held within the City.
(5) Any Ostrich, Emu, Peacock or other exotic fowl.
(b) VICIOUS AND DANGEROUS ANIMALS
(1) Vicious animals; definition.
(A) For purposes of this section a vicious animal shall include:
(B) 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
(C) Any animal which has bitten or attacked more than one person or domestic animal, except that it shall be a defense to such a finding that the person or animal so bitten was trespassing on the property of the person who owns or harbors such dog at the time of the bite or attack; or
(D) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;
(E) 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.
(F) As used in this section, vicious propensity means a known tendency or disposition to approach any individual or domestic animal in an attitude of attack when there is no provocation.
(2) Same; illegal to keep.
It shall be unlawful for any person to keep or harbor any vicious or dangerous animal within the City of Moundridge
(3) Same; court determination.
(A) Whenever a sworn complaint 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 determining whether an animal is vicious, the municipal judge shall consider:
(i) The seriousness of the attack or bite;
(ii) Past history of attacks or bites;
(iii) Likelihood of attacks or bites in the future;
(iv) The condition and circumstances under which the animal is kept or confined;
(v) Any other factor which the court determines is reasonably related to whether or not the animal is vicious.
(B) The municipal judge shall order the impoundment 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 is not possible the municipal judge may order the animal immediately destroyed.
(4) Same; immediate destruction.
Nothing in this section 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.
(5) Same; release of animal.
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 section. 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.
(c) Animal nuisance-Offensive premises. Any person, or persons, who owns, keeps or uses any yard, pen or place on his or her premises, or premises under his or her control, within the city, in or upon which any animal or fowl may be kept in such a manner as to become offensive to any persons residing in the vicinity, or annoying to the public, is declared to be a common nuisance.
(Ord. 860; Code 2012)
(a) It shall be unlawful to permit fowl of any kind to run at large at anytime within the corporate limits of the City of Moundridge.
(b) Up to eight domestic fowl may be kept on any lot, with the following exceptions:
(1) On lots greater than 10,000 square feet, one additional fowl is permitted for every 1,000 square feet of lot area over 10,000 square feet.
(2) Roosters are not permitted.
(3) Structures housing domestic fowl must be located at least 10 feet away from any structure that includes a dwelling unit on an adjacent lot.
(Ord. 754; Code 2012)
(a) No person or household shall be allowed to operate a kennel within the corporate limits of the city without first obtaining a license from the Kansas Animal Health Department. After receiving a kennel license from the Kansas Animal Health Department, each person or household shall file for permit on forms provided by the city, to operate such kennel and pay a fee of $100.00. The permit and fee shall be due annually in January. Kennels shall only be allowed in permitted zoned areas.
(b) Hobby breeders, animal breeders or retail breeders. No person or household shall be allowed to operate as a hobby breeder, animal breeder or retail breeder within the corporate limits of the city without first obtaining a license from the Kansas Animal Health Department. After receiving a Hobby Breeder, Animal Breeders or Retail Breeder license from the Kansas Animal Health Department, each person or household shall file for a permit on forms provided by the city, to operate as a Hobby Breeder, Animal Breeder or Retail Breeder and pay a fee of $100.00. The permit and fee shall be due annually in January. Hobby Breeder, Animal Breeder or Retail Breeders shall only be allowed in permitted zoned areas.
(Code 2012)
(a) It shall be unlawful within the city for any person to possess, keep or harbor, or allow to be possessed, kept or harbored, in or at a single family residence or individual unit in a multi-family residence, or any other structure or residence, regardless of ownership of the animals, a combination of no more than three dogs and no more than three cats, with the exception that a litter of pups or a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth. Any person who lawfully owned more than three dogs and more than three cats, prior to June 1, 2008, may retain their animals; provided, however, that if for any reason an animal is lost, sold, given away or dies, and there still remains a combination of more than three dogs and more than three cats, there can be no replacement of the lost, sold, given or deceased animal. This section shall not apply to premises which have been licensed as a kennel under section 2-304.
(b) A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Each dog or cat kept in excess of the limits set forth in this section shall be deemed to be a separate offense. In addition to any fine which might be imposed, the court may also order the immediate impoundment and destruction of each and every dog or cat being kept in excess of this section and, thereafter, proceed to destroy each animal kept in violation of this section.
(Code 2012)