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Wyandotte County - Unified Government |
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Code of Ordinances |
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Chapter 7. ANIMALS |
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Article VI. DOGS AND CATS |
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Division 1. GENERALLY |
§ 7-215. Nuisance animals.
(a)
Excessive animal noise.
(1)
No person shall own or keep any animal that, by making excessive noise, disturbs a neighborhood.
(2)
The following definitions and conditions shall be specially applicable to enforcement of this section:
(i)
Excessive noise means and includes any noise produced by an animal that is so loud and continuous or untimely as to disturb the sleep or peace of a neighbor.
(ii)
Neighbor means an individual residing in a residential structure that is within 200 yards of the property on which the animal is kept or harbored.
(b)
Property damage. It shall be unlawful for any person owning or possessing an animal to permit such animal to go upon any sidewalk, parkway, or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever or to defecate thereon.
(c)
Running at large—Prohibited; exceptions.
(1)
It shall be unlawful for any person owning, keeping or harboring any animal to permit, suffer or allow the animal to run at large within the city. For the purpose of this section, any animal shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when found outside the residence structure of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape.
(2)
A person with a disability using an assistance dog as defined in K.S.A. 39-1113 shall be deemed to be in compliance with subsection (a) of this section.
(3)
Official use of dogs by any governmental unit shall be deemed in compliance with subsection (a) of this section.
(4)
An owner, while participating in or training for obedience classes or trials, shall be deemed to be in compliance with subsection (a) of this section. Evidence of this shall be shown by the fact that the dog and owner are going through standard obedience exercises, the owner has a leash on the owner's person, and the dog is under immediate control. The dog's tags must be readily available on the owner's person.
(5)
A dog shall be considered effectively physically restrained behind a suitable fence if restrained by a properly functioning electronic fence and a properly functioning electronic collar. An electronic fence or electronic collar is defined as a fence or a collar that controls the movement of a dog by emitting an electrical shock when the animal wearing the collar nears the boundary of the owner's keeper's, or harborer's property. Dogs confined to residential property of the owner, keeper, or harborer, by an electronic fence and an electronic collar, shall not be permitted to be nearer than ten feet away from any public sidewalk or property line that is contiguous to neighboring property. In addition, dogs are prohibited from being confined by an electronic fence and an electronic collar in the front yard of an owner's, keeper's or harborer's property. No dog having been found a dangerous animal, as defined by section 7-216, shall be confined by an electronic fence and an electronic collar. All owners, keepers, or harborers of dogs who use an electronic fence shall clearly post their property to indicate to the public that a dog is confined to the property by an electronic fence and electronic collar.
(6)
In order to comply with this section, any electronic fence and electronic collar must be approved by the unified government animal control division. In order to obtain approval, the owner, keeper, or harborer must submit for approval the following information:
(i)
The name of the owner, keeper, or harborer;
(ii)
Identification of all animals to be restrained by said electronic fence or electronic collar;
(iii)
The owner, keeper or harborer shall be required to post signs or notices to clearly indicate to the public that a dog is confined to the property by an electronic fence or electronic collar. Said notices shall be posted in such a manner as to notify the public of the location and boundaries of any electronic fence.
(7)
Cat control. All cats must be under the control of their owner, keeper or harborer at all times. For the purpose of this section, a cat shall be considered not under control and in violation of this section in the following situations:
(i)
If a neighbor complains orally or in writing to the owner, keeper or harborer of a cat that the cat is entering upon the neighbor's property, then the cat's presence on the neighbor's property at any time subsequent to the neighbor's complaint shall constitute a violation of this section;
(ii)
If a cat causes injury to persons or animals;
(iii)
If a cat causes damage to property other than its owner's, keeper's or harborer's property, including, but not limited to, breaking, bruising, tearing up, digging up, crushing or injuring any lawn, garden, glower bed, plant, shrub or tree in any manner or defecating or urinating upon any private property.
(iv)
This section does not apply to unowned ear-tipped feral cats.
(d)
Animals putting person in fear. No person shall own, keep or harbor any animal that jumps upon or threatens persons upon public streets; or without provocation, molests, chases or interferes with persons or vehicles in the public right-of-way by jumping upon, chasing, barking or biting at persons or vehicles. This section shall also apply to animals while being walked on leashes, or otherwise physically restrained.
(e)
Animal injury. No person shall own, keep, or harbor any animal that, without provocation, causes injury to another domestic dog or cat. This section shall not apply to animals injured while trespassing on the owner, keeper, or harborer of the offending animal's premises.
(f)
Same—Violations.
(1)
Upon a person's conviction for a third time involving the same animal in any 24-month period of subsections (a), (b), or (c), and (e) in any combination thereof, or first conviction of subsection (d), shall constitute a "nuisance animal."
(2)
No animal may be declared a nuisance if, at the time of violations the person or animal was teasing, tormenting, abusing or assaulting the alleged nuisance animal. No animal may be declared a nuisance if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
(3)
No person owning, harboring or having the care or custody of a nuisance animal shall suffer or permit such animal to go unconfined beyond the premises of such person unless such dog is securely leashed and muzzled or otherwise securely restrained.
(4)
A nuisance animal is "unconfined" if while on the premises of its owner or harborer such dog is not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of the person. Such pen or dog run area must be adequate to ensure the confinement of such dog upon the premises.
(5)
Failure to keep a nuisance animal according to the above requirements shall be a separate violation of this chapter.
(6)
The municipal court judge may revoke said person's license for that individual nuisance animal.
(7)
It is unlawful for a person to keep, harbor or maintain the animal involved in the violations within the corporate limits of the city when that person's license to keep the animal has been revoked pursuant to this section.
(Ord. No. O-8-15 , §§ 2, 3, 1-29-2015)