§ 7-78. Municipal court hearing on complaints.

(a)

An animal control officer may, if a complaint has been signed against an individual pursuant to any provision of section 7-79, precedent to or after the individual has been convicted of violation of such section, sign an affidavit petitioning the municipal court judge to immediately take custody and control of such animal if it appears to the director of animal control that it would be in the best interest of such animal to be seized by the municipal court.

(b)

The municipal court judge, upon receiving such affidavit and petition, shall set the matter involving the custody or control of an animal for hearing within ten days from the date that the petition and affidavit are filed. If it appears from the affidavit that the life of the animal is in immediate jeopardy, then the court may set the hearing as soon as practical. The owner or person having control or custody of such animal shall be provided notice of the hearing by serving such persons with a summons to appear; such summons shall be served in the same manner as is required for serving notice to appear pursuant to section 23-17.

(c)

The municipal court judge, after a hearing has been held, may order that an animal be seized and placed in the custody of the director of animal control if the following findings are made:

(1)

The person summoned to appear is the owner or person having possession or custody of the animal in question.

(2)

That there is probable cause to believe that a violation of any provision of section 7-79 has occurred or is occurring and, based upon the violation, it appears that it would be in the best interest of the animal to remove that animal from the possession and custody of the owner of the animal or the person having possession or custody of the animal.

(d)

If an order is issued by the municipal court judge ordering that such animal be seized and brought into custody, then the director of animal control shall take such animal into custody and shall inspect such animal, care for or treat such animal or place such animal under the care of a licensed veterinarian for treatment, boarding or other care. If it appears, as determined by the director of animal control or by a licensed veterinarian, that the animal is diseased or disabled beyond recovery for any useful purpose, then such animal may be destroyed humanely as soon thereafter as is conveniently possible in accordance with K.S.A. 21-6412(e) et seq.

(e)

Unless the animal obtained pursuant to this section is required to be kept as evidence for a pending prosecution, or is being held for the protection of the animal during the pendency of a pending prosecution, the owner or keeper of an impounded animal shall have a maximum of ten days after the animal is taken into custody to obtain the animal from the veterinarian or the animal control facility having custody of the animal. The veterinarian or the director of animal control shall provide written notice to the owner or keeper of the animal, if known or reasonably ascertainable, when time will expire to retrieve the animal. The failure of the owner or keeper to obtain custody of the animal, or an owner that is unknown or not reasonably ascertainable, in the time provided shall provide the authority of the director of animal control to dispose of the animal by adoption or euthanasia.

(f)

If the owner, keeper, or harborer is charged with a violation of this section, and the animal is being kept past the ten days allowed in subsection (e) as evidence for the pending prosecution or for the protection of the animal from the owner, keeper, or harborer, the city may petition the municipal court to be allowed to place the animal for adoption or euthanize the animal at any time after 21 days after the owner or custodian is notified that a renewable case or performance bond must be filed with the city clerk in an amount equal to not less than the cost of care and treatment of the animal for 30 days. Upon receiving such petition, the municipal court shall determine whether the animal may be placed for adoption or euthanized (K.S.A. 21-6412(e)).

(g)

If the owner or person having control or custody of such an animal is convicted of violating any provision of section 7-79, the municipal court judge may order that such animal shall not be returned to or remain with such person. Such animal may be turned over to the director of animal control or licensed veterinarian for sale or other disposition.

(h)

Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to section 7-79 may be assessed to the owner or keeper as a cost of the case if the owner or keeper is adjudicated guilty of such crime.

(i)

If the owner or person having control or custody of such animal is adjudicated not guilty or if the municipal court judge, after an adjudication of guilty is made, finds that such animal should be returned, such person may redeem such animal within 72 hours. If such animal is not redeemed within 72 hours, then such animal may be disposed of in accordance with K.S.A. 47-1710 et seq.

(j)

An order issued by the municipal court judge under this section may be appealed to the district court pursuant to the provisions contained in K.S.A. 60-2101(d).

(Code 1988, § 7-56; Ord. No. O-22-03, § 1, 6-5-2003; Ord. No. O-8-15 , § 1, 1-29-2015)