AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER III OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2018 EDITION, AND AMENDMENTS THERETO, PERTAINING TO THE REGULATION OF ANIMALS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter III of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:

ARTICLE 1. GENERAL REQUIREMENTS CONCERNING ANIMALS

3-101 FINDINGS OF THE GOVERNING BODY.

The Governing Body of the City of Lawrence, Kansas hereby finds that to protect and preserve the public health, safety and welfare it is necessary to prohibit the ownership of certain animals within the City and to establish regulations governing the ownership of animals allowed within the City.

3-102 DEFINITIONS.

As used in this Chapter:

(A) “Adequate Care” means normal and prudent attention to the needs of an animal, including that care which is normally necessary to maintain good health in a specific species of animal including but not limited to relief from continuous chaining.

(B) “Adequate Food” means wholesome foodstuffs suitable for the species provided at reasonable intervals in a sanitary manner, and in quantities sufficient to maintain good health in an animal considering its age and condition.

(C) “Adequate Health Care” means the provision to each healthy animal of all immunizations and preventive care required to maintain good health; space adequate to allow the animal rest and exercise sufficient to maintain good health; space free from continual wet ground or mud, dangerous debris, and obstacles that prevent rest or exercise; and, the provision to each sick, diseased or injured animal of necessary veterinary care or humane death.

(D) “Adequate Shelter” means a structurally sound, properly ventilated, sanitary, and weatherproof shelter suitable for the species, condition, and age of the animal which provides access to shade from direct sunlight, windbreak, and regress from exposure to inclement weather conditions.

(E) “Adequate Water” means constant access to or access at suitable intervals to a supply of clean, fresh, potable water provided in a sanitary manner suitable for the species, condition, and age of the animal in sufficient amounts to maintain good health in the animal.

(F) “Animal” means any live creature except a human.

(G) “Animal Shelter” means the facility or facilities contracted with or operated by the City of Lawrence for the purpose of impounding or caring for animals held under the authority of this Chapter or state law.

(H) “Bite Injury” means any contact between an animal's mouth and teeth and the skin of a bite victim which causes visible trauma, such as a puncture wound, laceration, or other piercing of the skin.

(I) “Cat” means any member of the species, felis domesticus.

(J) "Domesticated" shall mean bred for and adapted to living dependently in an urban household setting.

(K) “Dangerous Animal” means any animal which has:

1. Caused a bite injury, other than a bite that resulted in great bodily harm, disfigurement, or death, to any person; or

2. Killed another dog or cat, equine, or livestock; or

3. Been adjudicated guilty of causing a bite injury, other than a bite that resulted in great bodily harm, disfigurement or death to any person, or killed another dog or cat, equine, or livestock in another jurisdiction.

(L) “Dog” means any members of the species, canis familiaris.

(M) “Enforcement Officer” means an animal control officer, law enforcement officer, or any person duly appointed to enforce this Chapter, with jurisdiction in the city limits of Lawrence, Kansas.

(N) “Euthanasia” means the painless administration of a lethal dose of an agent or method of euthanasia as prescribed in the Report of the American Veterinary Medical Association Panel on Euthanasia published in the most current version of the Journal of the American Veterinary Medical Association that causes the painless death of an animal. Animals must be handled prior to administration of the agent or method of euthanasia in a manner to avoid undue apprehension by the animal.

(O) “Equine” means a horse, pony, mule, jenny, or donkey.

(P) “Fowl” means domestic birds commonly kept for the production of meat, eggs, or feathers under the definition of Small Animal Agriculture in the Land Development Code, and is limited to female chickens and ducks.

(Q) “Health Director” or “Director of Health” means the director of the Douglas County public health department. The term includes the director's authorized representative.

(R) “Livestock” means cattle, sheep, and goats. Livestock excludes fowl and equine.

(S) "Own" or "Owning" shall mean to keep, maintain, possess, control, sell, trade, or buy.

(T) “Owner” or “owner” shall mean any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his or her care or residence, or who acts as the animal’s custodian. A parent or legal guardian shall be deemed to be an owner of animals owned or maintained by minors upon their premises.

(U) “Person” means any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

(V) “Police Department” means the Lawrence, Kansas Police Department.

(W) “Provocation” means an act that includes, but is not limited to, teasing or tormenting and which would lead a reasonable person to conclude the manner in which an animal acted is justified.

(X) “Reckless Pet Owner” means any person convicted of a violation of this Chapter four (4) or more times within a 36 (thirty-six) month period.

(Y) "Spay" or "Neuter" shall mean to render permanently incapable of producing offspring.

(Z) “Vicious Animal” means any animal which has caused great bodily harm, disfigurement, or death to any person, or has been adjudicated guilty of causing great bodily harm, disfigurement, or death to any person another jurisdiction. The term shall not include an animal that has caused great bodily harm to any person while a person was committing a criminal offense, or willfully trespassing on the property of the owner of the animal.

(AA) “Vietnamese Pot Bellied Pig” means a pig verified by a licensed veterinarian to be a purebred Vietnamese Pot Bellied Pig.

3-103 PENALTIES, GENERALLY

(A) Any person violating any provision of this Chapter shall be deemed guilty of an ordinance violation, and upon conviction of any such violation shall, unless another specific penalty or specific penalty range is provided by another Section of this Chapter, be punished by a fine of up to $1,000.00, or by imprisonment for a term not to exceed 180 days, or by both such fine and imprisonment.

(B) Any person violating any of the following sections of this Chapter:

1. Section 3-201 pertaining to the requisite documentation of immunizations; or

2. Section 3-202 pertaining to animals running at large;

shall, upon conviction, and after the court, subsequent to such conviction, has examined any prior conviction record to determine if the person has previously been convicted of the same offense within the previous three (3) years, be sentenced by the court according to the following schedule of fines:

1. First offense: $75.00

2. Second offense: $150.00

3. Third offense: $300.00

4. Fourth or any subsequent offense: $500.00

The Municipal Judge shall have no authority to suspend the fine established by this Section, or any portion thereof. The fine shall be in addition to any applicable court costs or impoundment fees. The Animal Shelter shall not release an animal to an owner if the owner has failed to pay a fine or has failed to appear in municipal court for adjudication.

1. Sections 3-103, 3-502, 3-503, and 3-506 pertaining to dangerous, vicious, and prohibited animals;

2. Section 3-104(A)(1) & (2) pertaining to the limitation on number of dogs and cats;

3. Sections 3-501 and 3-507 pertaining to animals putting persons in fear or being maintained as public nuisances;

4. Section 3-204 pertaining to animal bites resulting in human exposure to rabies;

shall, upon conviction, be punished by a fine of not less than $75.00 and not more than $1,000.00, or by imprisonment for a term not to exceed 180 days, or by both such fine and imprisonment.

(D) Any person violating Section 3-105 pertaining to animal cruelty shall, upon conviction, be punished by a fine of not less than $250.00 and not more than $1,000.00, or by imprisonment for a term not to exceed 180 days, or by both such fine and imprisonment. Each day’s violation may constitute a separate offense under this Article.

(E) In addition to the penalties listed in this Section, the Municipal Court judge may also order reasonable restitution and any other remedy as may be from time to time provided by or allowable by other applicable law.

3-104 FILING COMPLAINT; ENFORCEMENT.

(A) It is hereby made the duty of the Enforcement Officer, or anyone having the authority of an Enforcement Officer to enforce the terms and provisions of this Chapter. Pursuant to Charter Ordinance No. 31, and other lawful authority, the Enforcement Officer is authorized to issue citations to the owner, keeper, harborer, or possessor of any dog, cat or other animal found in violation of the terms of this Chapter, and to impound any such animal. The City Manager may appoint persons to be known as animal control officers, whose duties it shall be to assist in the enforcement of this Chapter and to work under the immediate supervision and direction of the Police Department.

(B) Any Enforcement Officer may, with probable cause, initiate a criminal proceeding under this Article by making an offense report and serving a citation and notice to appear in court upon the alleged violator. The offense report shall be forwarded to the Municipal Prosecutor for prosecution.

(C) Any person having personal knowledge of the violations of any of the provisions of this Chapter may make a verified complaint of the facts showing a violation of this Chapter before the Municipal Prosecutor or Municipal Court Judge and upon the filing of such a complaint, a proper legal process to enforce the penalties provided herein may be initiated.

3-103 OWNING CERTAIN ANIMALS PROHIBITED.

It shall be unlawful for any person(s) to own, within the City limits, any animal except as excluded in Section 3-104.

3-104 ANIMALS EXCLUDED FROM PROHIBITION.

(A) Animals excluded from prohibition are:

1. Domestic Dogs, except those hybridized with wild canines, except that no person may own or possess more than four (4) Domestic Dogs that are 10 weeks of age older.

2. Domestic Cats, except those hybridized with wild felines, except that no person may own or possess more than four (4) Domestic Cats that are 10 weeks of age older. The provisions of this Article shall not apply to persons legally owning Domestic Cats prior to January 1, 2019.

3. Domesticated rodents kept as pets, including gerbils, mice, rats, and chinchillas.

4. Ferrets.

5. Rabbits, except that no more than three (3) rabbits shall be permitted in a residentially-zoned district unless they meet the definition of a Small Animal Agriculture use, as defined in Section 20-1775 in the City Land Development Code, Chapter 20 of the City Code.

6. Birds, except for roosters, turkey, geese, swans, peafowl, guinea fowl, ostriches, emus, any species protected by state or federal law, and subject to the provisions of this Chapter regarding falcons.

7. Nonvenomous snakes less than eight (8) feet in length, and no more than 50 pounds when fully grown, except that such snakes shall be required to be maintained on the owner's premises or property.

8. Nonvenomous lizards, except for crocodiles and any similarly-sized lizard.

9. Turtles, except for species protected by state or federal law.

10. Non-poisonous small amphibians.

11. Fish.

12. Non-poisonous invertebrates.

13. Any animal in the ownership of a veterinary clinic operated by a licensed veterinarian.

14. Any animal in the ownership of a person designated and licensed as an animal rehabilitator or falconer by the Kansas Wildlife and Parks Department.

15. Any animal in the ownership of a person temporarily transporting such animal through the city.

16. Any animal in the ownership of a bona fide medical institution or accredited educational institution.

17. Any animal temporarily owned by a facility licensed by the Kansas Animal Health Department for the purpose of impounding, sheltering, or caring for animals.

18. Domesticated Hedgehogs.

19. Vietnamese Potbellied Pigs subject to Chapter 3, Article 1, Section 3-104(D) of the Code of the City of Lawrence, Kansas.

20. Animals that fit the definition of a Small or Large Animal Agriculture use in Section 20-1775 of the City Land Development Code are permitted when kept as part of an Urban Agriculture use in compliance with the standards in the Development Code.

21. The owning, keeping, or harboring of animals permitted as Small Animal Agriculture in the Development Code by Retail Establishments, Construction Sales and Services, Agricultural Sales, or Agricultural, Animal uses located in industrial or commercial zoning districts, for the purposes of retail or wholesale sales.

22. The owning, keeping, or harboring of animals permitted as Small Animal Agriculture in the Development Code by educational institutions.

23. Any animal permitted as Large or Small Animal Agriculture may be kept or harbored, on a temporary basis, during any fair, show, or exhibition at the Douglas County Fairgrounds.

24. The temporary possession of fowl, as defined in the Development Code, by the United States Postal Service or commercial package or parcel delivery service until such time as the fowl are delivered to the addressee.

25. Degus, sugar gliders, short tailed opossums, pygmy possums, guinea pigs, any similar small pet mammal.

(B) Persons legally owning goats, kids, sheep, rabbits or hares, horses, cows, mules or donkeys one hundred fifty (150) feet away from any building used for human habitation pursuant to Section 3-101 of the 1990 Code prior to December 30, 1992, shall be allowed to continue such use, provided ownership remains with the same person on the same property. Provided, the City Commission may suspend enforcement of this subsection, or establish reasonable conditions for the enforcement thereof, for property annexed into the City after December 30, 1992. This section does not pertain to animals kept as part of a Small or Large Animal Agriculture use permitted in the Land Development Code as Urban Agriculture.

(C) The Municipal Court Judge may order the confiscation of a prohibited animal if the animal poses an immediate danger to the public or itself. Upon the conviction of a person for owning an animal as prohibited by this Chapter, the Municipal Court Judge shall order the animal confiscated and transferred to an appropriate licensed animal rehabilitation or care facility. The Municipal Court Judge may order the release of the animal to the owner provided that the animal will not be kept within the City limits.

(D) Owners of goats and sheep shall ensure that male goats over the age of four weeks are neutered. Goats and sheep over the age of 120 days shall be vaccinated against rabies and leptospirosis. The owners of goats and sheep shall maintain proof of current vaccination.

3-105 CRUELTY TO ANIMALS.

(A) Cruel Acts and Conditions Enumerated:

1. It shall be unlawful for any person:

a) to knowingly kill, drown, maim, injure, disfigure, torture, maliciously or repeatedly strike; hit with a stick, board, chain, club or similar other object; hit against a surface, mutilate, burn, or scald with any substance; or drive over any domesticated animal; or cruelly set an animal upon another animal, except that reasonable force may be employed to drive off an animal behaving viciously or trespassing; or

b) by any means to make accessible to any animal, with the intent to cause harm or death, any substance which has in any manner been treated or prepared with harmful or poisonous substances. It is not the intent of this Subsection to prohibit the use of poisonous substances for the control of vermin of significance to the public health; or

c) to own, keep, harbor, confine, or in any way possess an any animal and fail to provide it with adequate food, adequate water, adequate care, adequate health care, or adequate shelter; or

d) to drive or work any animal cruelly; or

e) to abandon any animal within the City limits. For the purposes of this Section, “abandon” means for the owner or keeper to leave an animal without demonstrated or apparent intent to recover or resume custody; to leave an animal for more than 12 hours without providing adequate food and shelter for the duration of the absence; or to turn out or release an animal for the purpose of causing it to be impounded; or

f) to leave any animal confined in a vehicle for more than five (5) minutes in extreme weather conditions, defined as less than thirty (30) degrees Fahrenheit or more than 80 degrees Fahrenheit or at any time the temperature reasonably endangers the health or safety of the animal or otherwise places the animal in visible distress; or

g) to transport an animal in the closed trunk of a vehicle; or

h) to transport any animal in the open bed of a truck unless said animal is restrained in a cage or on a leash that will prevent the animal from jumping or falling off the vehicle; or

i) to cause, instigate, stage, or train any animal to fight or permit any fight between any animal and another animal or human; or

j) except a licensed veterinarian, to crop animal ears or dock animal tails; or

k) to give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade; or

l) as a landlord or property owner, to fail to contact an Enforcement Officer within 24 hours to report animals known to be abandoned in a rental property; or

m) to knowingly create, sell, market, offer to market or sell, or possess a depiction of animal cruelty, regardless of where the animal cruelty took place, except that inadvertent access to such depiction shall not be unlawful. This Section shall not apply when the depiction has religious, political, scientific, educational, law enforcement or humane investigator training, philanthropic, journalistic, artistic, or historical value, or involves rodeos, sanctioned livestock events, or normal husbandry practices.

i. For purposes of this Subsection, “depiction of animal cruelty” means any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording, that displays cruelty to animals as defined by this Article.

ii. For purposes of this Subsection, “inadvertent access” means the unintentional or transient viewing of a depiction.

(B) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once when it is reasonably safe to do so, and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner, appropriate law enforcement agency, or the animal shelter

1. Be deemed to prohibit any action by a licensed veterinarian done in accordance with accepted standards of veterinary medicine, or any action taken by a law enforcement officer pursuant to the interests of public health and safety.

2. Be interpreted as prohibiting any act done in self-defense or done to defend another person.

3-105A PROCEDURES FOR CRUELTY TO ANIMALS.

(A) Any Enforcement Officer, including a law enforcement officer, or licensed veterinarian, or officer or agent of the Animal Shelter, shall, when reasonably safe to do so, take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined by Section 3-105; provided that entry upon private property shall only be accomplished with the assistance of a law enforcement officer. Such officer, veterinarian, or agent may inspect, care for, or treat such animal or place such animal in the care of the Animal Shelter or licensed veterinarian for treatment, boarding or other care or, if an officer of the Animal Shelter or such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane destruction.

(B) The owner or keeper of an animal destroyed pursuant to subsection (A) shall not be entitled to recover damages for the destruction of such animal unless the owner proves that such destruction was unreasonable and unwarranted.

(C) Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to Subsection (1) (A) of Section 3-105 pending prosecution of the owner or keeper of such animal for the crime of cruelty to animals as defined in Section 3-105 shall be assessed against the owner or keeper as restitution if the owner or keeper is adjudicated guilty of such crime.

(D) If a person is adjudicated guilty of the crime of cruelty to animals in Section 3-105, the Municipal Court Prosecutor, Animal Shelter, and Enforcement Officer may offer into evidence why such animal shall not be returned to or remain with such person. The final disposition of the animal shall be by order of the Municipal Court. Such animal may be turned over to the animal shelter for adoption or other disposition.

(E) Pre-conviction disposition of animals seized pursuant to violations of 3-105 shall be done in accordance to Sec. 3-308 of this Chapter.

3-106 TETHERING OF ANIMALS

(A) No person shall:

1. Continuously tether a dog, cat, or Vietnamese Pot Bellied Pig for more than 15 minutes without supervision. Supervision requires the animal to be within visual or auditory range of the owner;

2. Use a tether or any assembly or attachments thereto to tether a dog, cat, or Vietnamese Pot Bellied Pig that shall weigh more than one-eighth of the animal’s body weight, or, due to weight, inhibit the free movement of the animal within the area tethered; or

3. Tether a dog, cat, or Vietnamese Pot Bellied Pig on a choke chain or near stationary objects or fences in a manner that could potentially cause injury, strangulation, or entanglement; or

4. Tether a dog, cat, or Vietnamese Pot Bellied Pig without access to shade when sunlight is likely to cause overheating, or appropriate shelter to provide insulation and protection against cold and dampness when the atmospheric temperature falls below 40 degrees Fahrenheit, or to tether without securing the animal’s water supply so that it cannot be tipped over by the tether; or

5. Tether a dog, cat, or Vietnamese Pot Bellied Pig in an open area where it can be provoked or tormented by persons or an open area that does not provide the dog, cat, or Vietnamese pot-belly pig protection from attack by other animals; or

6. Attach chains or other tethers, restraints or implements directly to a dog, cat, or Vietnamese Pot Bellied Pig without the proper use of a collar, harness, or other device designed for that purpose and made from a material that prevents injury to the animal; or

7. Tether a dog, cat, or Vietnamese Pot Bellied Pig when it is known to the owner that tethering or chaining will exacerbate a health condition of the animal; or

8. Tether a dog, cat, or Vietnamese Pot Bellied Pig in a manner that will allow it to reach within the property of another person, a public walkway, or a road; or

9. Tether a dog, cat, or Vietnamese Pot Bellied Pig in an area where bare earth is present and no reasonable steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation.

3-107 FALCONRY; LICENSE REQUIRED

Any person designated and licensed as a falconer by the Kansas Wildlife and Parks Department must first obtain a permit from the City Clerk before owning a raptor within City limits. This permit is in addition to any required permits under state or federal laws. Any person desiring a permit under this section must file with the City Clerk an application for permit showing a copy of applicable state and/or federal licenses or permits, along with a $50 fee. Permits must be renewed yearly.

3-108 FALCONRY; ADDITIONAL RESTRICTIONS

Mews used to house raptors must be locked at all times during which the raptor is inside. Any person authorized to own a raptor within City limits shall not allow it to fly within City limits.

3-109 SELLING OFFSPRING

(A) It is unlawful for any person, business, or organization to display for sale, sell, exchange, barter, or give away any animal on a public right-of-way, public grounds, or commercial property of another without the property owner's written consent, unless the seller is a not for profit “pound,” “animal shelter,” or “rescue network” licensed under K.S.A. §47-1701, et. seq. and is otherwise in compliance with the City code.

(B) No person shall sell, exchange, barter, or give away any offspring under the age of eight (8) weeks or until the offspring are fully weaned, whichever is later, have their first set of vaccinations, have been de-wormed and are in good general health, unless approved by a licensed veterinarian.

3-110 ANIMAL OWNER RESPONSIBILITY FOR REMOVAL OF ANIMAL EXCREMENT.

(A) It shall be unlawful for any person to appear with an animal upon the public right-of-way, within public places or upon the property of another, absent that person's consent, without some means for removal of excrement that may be deposited by the animal.

(B) It shall be unlawful for any person who is an owner or possessor of an animal in their care to fail to remove any excrement deposited by the animal upon any public or private property, absent the property owner’s consent, other than the property of the owner of the animal.

(C) The provisions of this Section shall not apply to persons who have a physical disability or visual impairment, who are using service dogs, and can provide adequate documentation, upon demand of an animal control officer or law enforcement officer, that the service dog is an animal trained by an accredited institution which trains dogs for service work for the physically disabled or visually impaired.

(D) Violation of this Section shall be punished by a fine of not less than $10.00, plus applicable court costs. The Municipal Judge shall have no authority to suspend the fine or any portion thereof.

ARTICLE 2. DOGS AND CATS AND OTHER ANIMALS

3-201 IMMUNIZATION OF ANIMALS.

(A) No person shall own any dog, cat, goat, sheep, Vietnamese Pot-Bellied Pig, or ferret, four (4) months of age or older, within the city limits if such animal is not currently vaccinated against rabies. Goats and sheep over the age of 4 months shall be vaccinated against leptospirosis. Owners of dogs, cats, goats, sheep, Vietnamese Pot Bellied Pigs, and ferrets shall retain proof of a current rabies vaccination.

(B) Any person owning a dog within the City shall cause such animal to wear a collar or harness at all times the animal is outside of the private property of the owner. To such collar or harness there shall be attached a current tag reflecting that the animal is vaccinated against rabies. The tag shall be situated on the collar or harness in such a manner that it may be easily visible at all times.

(C) A person shall not be convicted of a violation of this Section, and the charge shall be dismissed, if the person produces to the prosecutor, or to the court, sufficient printed proof of a current rabies vaccination that was effective at the time the citation was issued.

3-202 ANIMALS PROHIBITED TO RUN AT LARGE; FINES.

(A) It shall be unlawful for any person to own or keep a dog, cat or other animal which runs at large in the City. Knowledge or acquiescence by the owner or keeper is not an element of the offense. An animal shall not be deemed to be running at large if:

1. The animal is firmly attached to a leash or chain and under the physical control of its owner or keeper; or

2. The animal is within a structure or within a fence enclosure with the permission of the owner or keeper of the structure or fence enclosure; or

3. The owner has an operating electronic pet containment fence and the animal is under the charge, care or control, of its owner or keeper who is operating the system, and the animal remains on the private property of the owner or keeper, or

4. The animal is a dog and, under the supervision of its owner or keeper, is using the City’s off-leash dog park in accordance with the City’s rules and regulations for any City off-leash dog parks.

(B) Any animal on property without the permission of the property owner shall be deemed to be an animal at large and the owner of such animal shall be in violation of this Section.

(C) No person shall permit a Small or Large Agricultural Animal, as defined in Section 20-1775 of the Land Development Code, to run at large in the City. Chapter 3, Article 2 of the Code of the City of Lawrence, Kansas, as amended, shall apply to Small or Large Agricultural Animals running at large within the City.

(D) Any cat that is on the property of its owner or keeper shall not be deemed to be running at large in the City.

(E) The provisions of this Section shall not apply to persons who have a disability recognized under the Americans with Disabilities Act, Title II, using a service dog.

3-203 PURSUIT ONTO PRIVATE PROPERTY.

An Enforcement Officer may pursue and capture any animal, including a dog or cat, found to be running at large as defined in this Article. The officer shall have the authority to enter upon private property to effectuate capture. However, the officer shall not enter into any secured fenced area or structure located upon private property.

3-204 ANIMAL BITES; CONFINEMENT.

(A) DOGS, CATS, OR FERRETS EXPOSING HUMANS. Any dog, cat, or ferret that causes any penetration of the skin by the teeth or any contamination of mucous membranes or fresh, open cuts in a person’s skin with saliva shall be confined according to the following schedule, regardless of vaccination history:

1. Owned or Wanted Dog, Cat, or Ferret. Beginning on the day of the exposure, any owned or wanted dog, cat, or ferret shall be observed for ten (10) days pursuant to a Confinement Order prepared by an Enforcement Officer. The Confinement Order shall detail the facts of the incident including how the human was potentially exposed to rabies. Any such confinement shall be done at a licensed animal shelter or veterinary clinic. The exact period of confinement may be longer than ten (10) days at the discretion of the observing veterinarian. The owner shall be liable for all costs and fees incurred.

2. Unowned, Stray, or Unwanted Dog, Cat, or Ferret. Any healthy unowned, unwanted, or stray dog, cat, or ferret shall be confined in the Animal Shelter for ten (10) days for observation. If the severity of the exposure to a person is such that it creates a high risk of potential rabies exposure, the animal shelter shall have the authority to waive any holding period and euthanize immediately for urgent testing.

(B) DOGS, CATS, OR FERRETS EXPOSED BY OTHER ANIMALS. Any dog, cat, or ferret that has been exposed to rabies through any penetration of the skin by the teeth or any contamination of mucous membranes or fresh, open cuts in the animal’s skin with saliva by a bat or a wild terrestrial carnivore, as defined in the most current version of the Kansas Department of Health and Environment Investigation Guidelines, shall be reported to an Enforcement Officer. The Enforcement Officer will issue an Observation Order or Confinement Order according to the following schedule:

1. Dogs, cats, and ferrets that have appropriate documentation of current rabies vaccination shall receive an immediate booster vaccination by a licensed veterinarian within 96 hours of exposure and shall be kept under the owner’s control and observed for forty-five (45) days by an Observation Order. If the booster vaccination was given later than 96 hours after exposure, the Lawrence-Douglas County Health Department has the authority to extend the observation period and instruct the Enforcement Officer to issue the appropriate order.

2. Dogs and cats that are overdue for the rabies vaccination and have appropriate documentation of a previous vaccination shall receive an immediate booster vaccination by a licensed veterinarian within 96 hours of exposure and shall be kept under the owner’s control and observed for forty-five (45) days by an Observation Order. If the booster vaccination was given later than 96 hours after exposure, the Lawrence-Douglas County Health Department has the authority to extend the observation period and instruct the enforcement officer to issue the appropriate order.

3. Dogs and cats that are overdue for the rabies vaccination and have no documentation of a previous vaccination shall be reported to the Lawrence-Douglas County Health Department and may be required to be observed for forty-five (45) days or quarantined for up to four (4) months. The Lawrence-Douglas County Health Department shall instruct an Enforcement Officer to issue the appropriate order.

4. Ferrets that are overdue for the rabies vaccination shall be evaluated on a case-by-case basis by the Lawrence-Douglas County Health Department and shall instruct an enforcement officer to issue the appropriate order.

5. Dogs, cats, and ferrets that have never been vaccinated against rabies shall be euthanized immediately or, if the owner is unwilling to euthanize, shall receive an immediate booster vaccination by a licensed veterinarian within 96 hours of exposure. The dog or cat shall be quarantined at a licensed animal shelter or veterinary clinic for four (4) months, or six (6) months for ferrets. If the booster vaccination was given later than 96 hours after exposure, the quarantine period shall extend to six (6) months. The owner shall be liable for all costs and fees incurred.

(C) Any owner who shall fail to comply with the provisions of this Section, within twenty-four (24) hours or one (1) business day of notification, shall be deemed in violation of this Article and the officer shall take such animal into custody and commit it for the above described confinement period.

(D) Kansas Department of Health and Environment Rabies Control Requirements shall apply under this Section, unless the provisions of this Chapter require more stringent procedures.

ARTICLE 3: IMPOUNDING, REDEMPTION AND DISPOSITION.

3-301 COSTS AND FEES.

All costs and fees associated with impounding an animal pursuant to this Chapter shall be paid for by the owner of the animal before the animal is released. In the event that the owner of such animal fails to pay such costs and the City or animal shelter pays costs, the City or animal shelter shall be entitled to seek reimbursement of costs either in an independent civil proceeding or the costs may be requested as restitution as part of any applicable criminal proceeding.

3-302 REFUSAL TO DELIVER ANIMALS TO ENFORCEMENT OFFICERS PROHIBITED.

It is unlawful for a person to refuse to deliver an animal to an enforcement officer when requested to do so under the impoundment provisions of this Chapter.

3-303 INTERFERENCE WITH ENFORCEMENT OFFICERS PROHIBITED.

No person shall knowingly interfere with any person appointed or given authority under this Chapter in the performance of his or her official duties as prescribed herein.

3-304 REMOVAL OF ANIMALS FROM ENFORCEMENT OFFICERS OR ANIMAL SHELTER PROHIBITED.

It is unlawful to remove an animal without appropriate permission from the custody of an Enforcement Officer, Animal Shelter, or other location at which an animal is located, whether by force, deceit or otherwise, when such animal has been lawfully impounded under the provisions of this Chapter or state law.

3-305 NO LIMITATION IN RABIES CASES.

The provisions of this Chapter shall not reduce or otherwise limit any applicable law that requires the impounding or holding of animals for observation following exposure by an animal that could possibly carry rabies or other communicable diseases. In addition, nothing in this Chapter shall prohibit the humane destruction of an animal suspected of carrying rabies if such destruction is done in compliance with other applicable law. In the event that an animal would otherwise be impounded under this Section, but is held at a different location for observation, the animal shall be impounded under this Section immediately upon expiration of the observation period.

5-306 IMPOUNDMENT OF ANIMALS FOUND AT-LARGE.

(A) If the animal is microchipped or if the owner is known or reasonably ascertainable, the animal shelter shall provide notice of impoundment to the owner with a date the animal must be reclaimed that is no less than five (5) business days from the date in which the animal is impounded. Providing notice does not extend the time in which the animal shall be held before release or disposition and any additional time given to reclaim the animal shall be at the discretion of the Animal Shelter in which the animal is held.

(B) If the animal appears to be at-large with no owner and within 3 full business days from the date any animal is impounded the owner of such animal does not claim his or her animal, the animal shall become the property of the Animal Shelter.

3-307 RELEASE PENDING DISPOSITION.

Any animal impounded pursuant to this Chapter may be released while the matter is pending before the court upon recommendation by the prosecutor, who may receive the input of an Enforcement Officer or Animal Shelter in making such determination. If, in the opinion of an Enforcement Officer or Animal Shelter, the animal would constitute a menace to the health, safety or welfare of the public if released from custody, or may be subject to additional harm or violations, the animal may be held pending adjudication by the court. This section shall not apply to animals declared vicious or to animals subject to the provisions of cruelty to animals, unless otherwise outlined in this Chapter.

3-308 DISPOSITION OF ANIMALS IMPOUNDED FOR CRUELTY TO ANIMALS.

(A) If an animal is impounded pursuant to Section 3-105, the owner or custodian, if known or reasonably ascertainable, shall be notified in writing that the animal was impounded. The animal may be held as evidence pending prosecution of the case or for the protection of the animal.

(B) If the owner or custodian or any person claiming an interest in any animal that has been impounded under this Section, is charged with a violation of Section 3-105, the law enforcement agency, City Prosecutor, or Animal Shelter may petition the Municipal Court to transfer ownership of the animal at any time after 21 days after the owner or custodian is notified. To prevent transfer, the owner of the animal must file a cash or performance bond with the court in an amount equal to and not less than the cost of care and treatment of the animal for 30 days, inclusive of the date on which the animal was taken into custody. The bond must be renewed every 30 days until the case is adjudicated.

(D) If the owner or custodian is not known or reasonably ascertainable three (3) business days after the animal is taken into custody, the animal shall be the property of the animal shelter.

ARTICLE 4. ENFORCEMENT OF DOUGLAS COUNTY RESOLUTION NO. HR-03-7-3

3-401 ENFORCEMENT OF DOUGLAS COUNTY RESOLUTION NO. HR-03-7-3 WITHIN THE CORPORATE LIMITS OF THE CITY OF LAWRENCE.

Pursuant to K.S.A. 19-101a(a)(5), the City of Lawrence, Kansas, (hereinafter the “City”) hereby consents that Resolution No. HR-03-7-3 (relating to the regulation of vicious dogs within Douglas County, Kansas and imposing criminal penalties for the violation thereof) (hereinafter the “Resolution”), as adopted by the Board of County Commissioners of Douglas County, Kansas on July 9, 2003, shall apply within the City limits of the City of Lawrence.

3-402 ENFORCEMENT BY DOUGLAS COUNTY SHERIFF.

The Sheriff of Douglas County, Kansas and said Sheriff’s deputies and other agents are hereby expressly granted permission and jurisdiction to investigate and enforce violations or suspected violations of Douglas County Resolution No. HR-03-7-3 within the City limits of the City of Lawrence.

3-403 JOINT COOPERATION.

It is hereby declared the policy of the City that the City’s law enforcement officers, animal control officers, and other agents shall jointly cooperate with the Sheriff of Douglas County, Kansas and said Sheriff’s deputies and other agents in sharing intelligence, investigating, and enforcing violations or suspected violations of the Douglas County Resolution No. HR-03-7-3 within the City limits of the City of Lawrence.

3-404 OTHER CITY OF LAWRENCE ANIMAL CONTROL REGULATIONS.

The provisions of Douglas County Resolution No. HR-03-7-3 shall apply within the City of Lawrence in addition to all other City ordinances or regulations. Nothing in this Article shall, by implication or otherwise, serve to repeal or invalidate any other animal control regulations otherwise applicable within the City.

ARTICLE 5. NUISANCE, DANGEROUS, AND VICIOUS ANIMALS

3-501 ANIMAL NUISANCES.

(A) Noise. No person shall own, possess, harbor, or keep within the city limits any animal, including a dog or cat, which, by creating a noise for frequent or prolonged periods of time by day or night, disturbs the peace and quiet of any person or family of ordinary sensitivity within the vicinity of the noise.

(B) Odor. It shall be unlawful to own, possess, harbor, or keep any animal, within the city limits which by the nature of its maintenance or by the numbers of the same shall create an offensive odor so as to be objectionable to any person or family of ordinary sensitivity within the vicinity of the odor.

(C) Animals in heat. It shall be unlawful to own, possess, harbor, or keep any animal within the city limits while such animal is in heat outside of a secure sufficiently enclosed area or without direct supervision of the owner or authorized person.

(D) Damage to private property. It shall be unlawful for any person to own, possess, harbor, or keep an animal within the city limits which damages private property not belonging to the owner, possessor, harborer, or keeper of the animal.

(E) Animal Injury. It shall be unlawful for any person to own, possess, harbor, or keep an animal within the city limits that, causes injury to another domestic dog or cat, equine, or livestock. The provisions of this Section shall not apply to fowl or to animals injured while trespassing on the owner, keeper, or harborer of the offending animal’s premises.

3-502 DANGEROUS ANIMALS.

(A) It shall be a violation of this Section to own, keep, or harbor a Dangerous Animal.

(B) Notwithstanding the definition of Dangerous Animal, no animal may be declared a Dangerous Animal if any injury or damage is sustained by a person or animal who, at the time such injury or damage was sustained, was:

1. On the real property of the owner or keeper of the animal; or

2. a member of the household where the injury or damage is sustained; or

3. was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime; or

4. if the animal was protecting or defending a human being or animal within the immediate vicinity of the animal from what a reasonable person would perceive as an unjustified attack or assault.

(C) The provisions of this Article shall not apply to a police dog being used to assist one or more law enforcement officers acting in an official capacity.

(D) Notwithstanding the definition of Dangerous Animal, no animal may be declared a Dangerous Animal based solely on its size or breed, or mix of breed; or if death to a dog or cat occurred solely due to a size disparity between the animals and there was no sustained vicious attack on the dog or cat.

(E) In the event that an Enforcement Officer has probable cause to believe an animal is dangerous by written complaint of the victim and that victim is willing to testify that the animal has acted in a manner that causes it to fall within the definition of a “Dangerous Animal,” that officer shall endeavor to issue a citation for a violation of this Section.

(F) Any animal impounded under a probable cause belief that it is a Dangerous Animal and which in the judgment of the Enforcement Officer or Animal Shelter would constitute a menace to the health, safety or welfare of the public if released from custody, may be impounded pending a hearing on any charges or complaints filed in the Municipal Court to determine the disposition thereof. If not so determined, the animal may, after having been lawfully held, be returned to its owner until final determination is made by the Municipal Court as to whether a violation of this Section has occurred. If returned pending the final disposition of the case, the animal must be kept securely confined and must be muzzled while in public until final determination is made as to whether a violation of this Section occurred.

(G) Upon conviction of keeping a Dangerous Animal, and the animal returning to its owner, the animal shall be kept subject to the following standards:

1. Leash and Muzzle. No person shall permit a dangerous animal to go outside its home, kennel, or pen unless such animal is securely leashed with a leash no longer than four feet in length and under the control of a person who is at least 18 years of age. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animals may not be leashed to inanimate object such as trees, posts, or buildings. In addition, all Dangerous Animals on a leash outside the animal's home or kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

2. Confinement. All Dangerous Animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel when not indoors, except when leashed and muzzled as provided in this subsection. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine Dangerous Animals must be locked with a key or similar device. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition, and must not be the primary enclosure for the keeping of the animal. Enforcement Officers shall have the authority to monitor and inspect the keeping of all Dangerous Animals. Failure to allow inspection shall be a violation of this Article and after conviction the Municipal Court may require removal of the animal from the city limits or Euthanasia of the animal.

3. Confinement Indoors. No Dangerous Animal may be kept on a porch, patio or in a part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when screen doors are the only obstacle preventing the animal from exiting the structure.

4. Signs. All owners of Dangerous Animals within the City shall within 10 days of conviction, display in a prominent place on their premises a sign easily readable by the public, invitees, or licensees, using the words Beware of Dog or Beware of Dangerous Animal, or similar applicable wording.

5. Insurance. Subject to judicial discretion, the owner of a dog declared dangerous may be required to present to the Municipal Court proof of liability insurance or a surety bond in the amount of not less than five hundred thousand dollars ($500,000) covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the City be notified immediately by the agent issuing the insurance if the insurance policy is canceled, terminated or expires. The liability insurance or surety bond shall be obtained prior to the registration of a dangerous dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the twelve (12) month period for which a permit is sought, unless he or she ceases to own or keep the dog prior to the expiration date of the permitting period.

6. Identification Photographs. All owners of Dangerous Animals must, within 10 days of conviction, provide to the City Clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.

7. Microchip. All owners of Dangerous Animals must within 10 days of conviction microchip the animal and provide microchip information to the City Clerk to register the animal as dangerous.

8. Spaying/Neutering. All owners of Dangerous Animals must, within 10 days of conviction, spay or neuter the animal if such animal has not previously been sterilized, and provide proof of sterilization to the City Clerk.

9. Training Class. The owner of the animal shall attend and complete a training class or personal training sessions approved by the Municipal Court that is designed to teach the owner how to manage or correct problem behavior. The class must be completed and receipt thereof sent to the municipal court within 60 days following conviction.

10. Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a Dangerous Animal to any person within the City unless the recipient person resides permanently in the same household as the registered owner of such animal; provided that the owner of a Dangerous Animal may sell or otherwise dispose of a dog that has been declared dangerous or the offspring or such dog to persons who do not reside in the same household so long as the owner sells or transfers ownership outside of the city. In that case, the owner shall notify the City Clerk of the name and address of the transferee. The City Clerk shall report the dangerous animal designation to the city in which the animal will be kept.

(H) Removal from List. Upon application by the owner, and no objection by the Municipal Prosecutor, the court may remove any animal from the list of Dangerous Animals if:

1. There are no additional violations of this Chapter within 36 months of the date of conviction and designation of a Dangerous Animal; and

2. the owner has complied with all keeping restrictions outlined in this Section consistently for a period of 36 months, and proof of compliance shall be accomplished by inspection from an Enforcement Officer; and

3. the animal undergoes a behavior evaluation by a Certified Pet Dog Trainer (CPDT) or animal behavior team member at the Animal Shelter and as a result is recommended to be approved for removal from the list. If the Municipal Prosecutor finds sufficient evidence that the owner has complied with all conditions in this Section, and has sufficient evidence that the animal’s behavior has changed, the application shall be forwarded to the Municipal Court Judge to rescind the Dangerous Animal declaration.

(I) Failure to Comply. It shall be unlawful for the owner of an animal deemed by the Municipal Court to be a Dangerous Animal to fail to comply with the keeping requirements and conditions set forth in this Article. Any animal found to be the subject of a violation of this Article shall be subject to immediate seizure and impoundment. In addition, failure to comply with the provisions of this article is deemed a separate offense under this Section. Upon conviction, the court shall order the immediate removal of the animal from the City or may order the animal humanely euthanized.

3-503 VICIOUS ANIMALS.

(A) It shall be a violation of this Section to own, keep, possess, or harbor a Vicious Animal within the City.

(B) In the event that an Enforcement Officer has probable cause to believe an animal is vicious by written complaint of the victim and that victim is willing to testify that the animal has acted in a manner that causes it to fall within the definition of a “Vicious Animal,” that officer shall endeavor to issue a citation for a violation of this Section.

(C) In addition to the penalties prescribed by this Chapter, upon conviction, the Municipal Court shall order that the animal be removed from the county or humanely euthanized, and direct the Enforcement Officer or Animal Shelter or its veterinary designee to insure that the order is enforced. If the Municipal Court orders a Vicious Animal to be humanely euthanized pursuant to this Section, that decision shall be final unless the owner applies to a court of competent jurisdiction for any remedies that may be available within the applicable appeal period, or other timeframe. If an appeal is timely filed, the Municipal Court shall suspend the Euthanasia order pending the final determination of the court in which the appeal is under review. If the animal is sold or transferred out of the city, the owner shall notify the City Clerk prior to the sale or transfer. The City Clerk shall report the Vicious Animal determination to the county in which the animal will be kept. If the animal is ordered removed from the City, the address in which the dog will reside shall be reported to the City Clerk within 5 business days of the move.

3-504 ANIMALS; THREATS TO PUBLIC SAFETY.

Notwithstanding any other provision of this Article to the contrary and irrespective of whether the animal has been declared dangerous pursuant to this Article, the Municipal Judge may order any animal destroyed if the court determines that the animal is an immediate threat to public health and safety and that confinement of the animal by the owner or keeper of the animal as provided in this Article will not adequately protect public health and safety. No person shall harbor, own, or possess an animal that is an immediate threat to public health and safety. In making such determination the Judge may consider the severity of the attack or injury and other relevant information. The Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Section to serve up to a maximum of six (6) months in jail and to pay a fine not to exceed $1,000.00.

3-505 RECKLESS PET OWNER; DECLARATION.

Upon a fourth conviction of a violation of this Chapter within a 36-month time period, the convicted person shall be deemed a Reckless Pet Owner. Upon a fourth conviction under this Section, the Municipal Court shall issue a notification of the declaration of Reckless Pet Owner to the person with the following:

(A) Name and address of the person subject to the declaration, and;

(B) the description, violation, and convictions that lead to the declaration, and;

(D) instructions on appealing the declaration to the District Court. Any such appeal shall be heard by the court within thirty (30) business days after an appeal is properly filed, or as soon as the court may hear the same. Notice of the date, time and location of the hearing shall be provided by certified mail to the person appealing the decision.

3-506 OWNING ANIMALS PROHIBITED.

Once declared a Reckless Pet Owner, a person shall not own, keep, possess, or harbor any animals for a period of five (5) full years from the date of the declaration. In addition to any penalty assessed by the court for violation of this Section, any animal owned, kept, possessed, or harbored by the Reckless Pet Owner shall be immediately seized and surrendered to the Animal Shelter

3-507 ANIMALS PLACING PERSONS IN FEAR.

No person shall own, keep or harbor any animal that without provocation, interferes with, chases, jumps upon, or behaves in a way that a reasonable person would find threatening, whether upon public streets or on private property. This section shall not apply to any person trespassing on the owner, keeper, or harborer of the offending animal’s premises.

SECTION 2. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 3. After passage and publication as provided by law, this ordinance shall be in full force and effect.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of _______________, 2018.

APPROVED:

___________________________________

Stuart Boley, Mayor

ATTEST:

__________________________________

Sherri Riedemann, City Clerk

APPROVED AS TO FORM:

__________________________________

Toni R. Wheeler, City Attorney