City of Mission, KS Article I General Provisions

Section 210.010 Findings.

[Ord. No. 1439[1] § 3, 6-15-2016]

The Governing Body of the City of Mission, 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.

[1] Editor's Note: Section 1 of this ordinance repealed former Ch. 210, Animal Control, derived from Code 1974; Ord. No. 613, adopted 4-14-1982; Code 1983; Code 1985, Code 1987; Code 1990; Ord. No. 784, adopted 5-9-1990: Ord. No. 814, adopted 11-13-1991; Code 1993; Code 1997; CC 2000, Ord. No. 991, adopted 4-26-2000; Ord. No. 1033, adopted 4-24-2002; Ord. No. 1074, adopted 5-14-2003; Ord. No. 1228, adopted 2-21-2007; Ord. No. 1231, adopted 3-21-2007; Ord. No. 1237, adopted 6-20-2007; Ord. No. 1265, adopted 6-18-2008; Ord. No. 1276, adopted 9-17-2008; Ord. No. 1335, adopted 11-17-2010; and Ord. No. 1425, adopted 8-19-2015.

Section 210.020 Definitions.

[Ord. No. 1439 §3, 6-15-2016; Ord. No. 1499, 6-19-2019]

For the purposes of this Chapter, the following words shall have the following meanings:

ABANDON

For the owner to leave an animal without demonstrated or apparent intent to recover or resume custody; to leave an animal for more than twelve (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.

ACCESSORY ANIMAL

Refers to those animals requiring an accessory animal permit before they may be lawfully owned in the City pursuant to Section 210.100.

ANIMAL

Means and includes any mammal, amphibian, fish, reptile, fowl, or other warm-blooded or cold-blooded vertebrate.

ANIMAL NUISANCE

Means and includes those unlawful activities specified in Section 210.140 and any animal performing such activities.

ANIMAL SHELTER

Means any authorized facility or service provider for the purpose of impounding, adopting or caring for any seized, stray, homeless, relinquished or abandoned animals under the authority of this Chapter or State law.

AT LARGE

An animal not under control, as defined herein, of the animal's owner or a competent person.

CONTROL OF AN ANIMAL

The same is on a leash not more than eight (8) feet in length; is on or within a vehicle being driven or parked; or is within the property limits of its owner or upon the premises of another person with the consent of that person.

DANGEROUS OR VICIOUS ANIMALS

Includes all animals deemed to be dangerous or vicious pursuant to Section 210.150.

DOMESTIC ANIMALS

Includes all animals allowed within the City pursuant to Article II of this Chapter.

DOMESTICATED

Adapted to living dependently in an urban household setting.

HIVE

Includes any man-made habitation in which bees are harbored or kept, including beehives, standards, boxes, or apiaries.

IMPOUND

To seize summarily, confine, or restrain in custody.

OFFICER

The City's Community Service Officer, Police Officer, or neighborhood services officer.

OWN

The act of being the owner of an animal.

OWNER

Any person who provides food, water, shelter or who owns, keeps, possesses, harbors or offers refuge or asylum to or for any animal, or who professes to be doing the same or permits the same upon his or her property for three (3) consecutive days or more shall be considered the animal's owner. Additionally, any person who signs a receipt for the return of an animal from any City-designated animal shelter facility, animal holding facility, humane shelter or licensed veterinarian shall be considered the animal's owner. A parent or legal guardian shall be deemed to be an owner of animals owned by children upon their premises.

PERSON

Any individual, firm, corporation, association or partnership.

TRAP

Any mechanical device or snare which seeks to hold, capture or kill an animal.

TRAPPING

The setting or laying or otherwise using a trap.

Section 210.030 Community Service Officer; Authority.

[Ord. No. 1439 §3, 6-15-2016; Ord. No. 1499, 6-19-2019[1]]

A. There is hereby established the position of Community Service Officer, who is hereby charged with the duties of enforcing this Chapter and who shall have such powers and authority as allowed by law. The City's Police Officers and neighborhood services officers may also enforce this Chapter and, when doing so, possess the same powers and authority. No person shall interfere with, hinder, molest or abuse such officers in the exercise of their powers.

B. The officers of the City enforcing this Chapter may:

1. Take up and impound all animals found in the City in violation of the provisions of this Chapter;

2. Issue a City of Mission citation to the owner of an animal in violation of this Chapter, and the person receiving the citation shall be compelled, at the date and time specified on the citation, to appear in the Municipal Court of the City to answer the charged violation of this Chapter;

3. Enter without a warrant upon private property to regulate or prohibit the running at large of any animal or the creation of an animal nuisance where such animal is found in plain sight, other than in a residence structure, and to seize such animal from said private property;

4. Enter without a warrant upon private property to apprehend a dangerous animal, a wild creature, or an animal suspected of being infected with rabies where such animal is found in plain sight, other than in a residential structure, and to seize such animal from said property;

5. Enter upon private property to investigate cruelty to animals; and

6. Destroy, without notice, any animal that is dangerous, fierce or vicious; suspected of being infected with rabies, distemper or other zoonotic disease; that presents an immediate danger to the public health and safety; or that is injured severely with no apparent chance of survival or in such pain as to warrant humane destruction.

[1] Editor's Note: Ord. No. 1499 also changed the title of this Section from "Animal Control Officer; Authority" to "Community Service Officer; Authority."

Section 210.040 Financial Responsibility.

[Ord. No. 1439 §3, 6-15-2016]

In the event any person or his or her owned animals shall be found to be in violation of any of the provisions of this Chapter, any financial liability incurred for the treatment, impoundment and care or destruction of such animal shall be the personal financial responsibility of such person. In the event such person is a minor, the parent or legal guardian of such minor shall be financially responsible for such treatment and care.

Section 210.050 Impounding, Redemption, and Disposition.

[Ord. No. 1439 §3, 6-15-2016; Ord. No. 1499, 6-19-2019]

A. An officer is authorized to receive and dispose of animals, and to impound, offer for adoption, or destroy any animal in violation of this Chapter, any animal that may carry a disease communicable to humans, or any animal that otherwise presents an immediate danger to the public health and safety. Such animals may be taken or impounded even though no citizen makes a complaint and even though the officer issues no notice to appear. Impoundment shall be subject to the following:

1. The officer shall notify the owner of an animal, identifiable by a tag or other method, which is impounded under this Chapter, by telephone or personal service. Failure to receive such notice shall not prevent the City or its authorized agency from carrying out the provisions of this Article.

2. Confinement Period.

a. Such animal shall be confined in the City approved animal shelter for a period of three (3) days, such period of time beginning at 9:00 A.M. on the morning following the day of impoundment. If the owner does not reclaim his or her animal during the three-day period, or if the officer or animal shelter is unable to locate and notify the owner after making a good faith effort to do so within the three-day period, then the animal shelter may offer for adoption.

b. If the animal is not identifiable by a tag or other approved method, no notice is required and such animal shall be confined for a period of three (3) days beginning at 9:00 A.M. of the morning following its capture; after such time the animal shelter may offer for adoption.

c. Exceptions.

(1) Notwithstanding the above, any animal impounded as provided in Section 210.060 shall be held for a period of at least ten (10) days for the purpose of observing such animal for symptoms of rabies disease; after such time the animal shelter may dispose of the animal.

(2) Notwithstanding the above, any animal that is determined by the Community Service Officer to not be domesticated may be released immediately to an animal shelter for disposition without observing the minimum period of confinement.

3. Any animal may be claimed by its owner upon the payment of an impoundment fee that is equal to charges that would be incurred by the City from an animal care facility. Each animal impoundment is a separate and subsequent impoundment regardless of animal ownership in prior impoundments.

4. Case-by-case provisions can be addressed for care of animals other than domesticated dogs or cats.

Section 210.060 Biting or Scratching Persons Report; Suspicion of Rabies.

[Ord. No. 1439 §3, 6-15-2016; Ord. No. 1499, 6-19-2019]

A. When any animal subject to rabies has bitten, scratched or attacked any person, or when an animal is suspected of having rabies, it shall be the duty of any person having knowledge of such facts to report the same immediately to an officer. Such animal shall not be killed, but shall be confined for a period of ten (10) days to the premises of:

1. A City approved animal shelter; or

2. A duly licensed veterinarian; or

3. The officer may authorize the confinement of the animal on the owner's premises if the owner produces a current rabies vaccination certificate for the animal. The owner of the animal must sign a written agreement to keep the animal confined as directed by the officer, and further agree to allow the animal to be examined periodically to determine its physical condition during the confinement period.

B. No person shall refuse to surrender any animal for quarantine when demand is made by the order of the officer. The animal must be confined as directed by the officer. The confinement of the animal shall be at the expense of the owner of such animal, as set forth in Section 210.040.

C. No person shall release from confinement any such animal or remove such animal from its place of confinement to another place without the consent of the officer.

D. Following consultation with a licensed veterinarian, if the officer has reasonable cause to believe the animal is diseased, or upon exigent circumstances, the officer shall be empowered to order examination of such animal to determine whether it may have rabies. If the animal dies or is killed, a laboratory examination shall be made at the expense of the animal's owner.