(a) Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOMESTICATED. Bred for and adapted to use as a family pet capable of living within a household or to use as a product of animal husbandry generally accepted by the School of Agriculture at Kansas State University.
OWNER. The person who owns, keeps, harbors or possesses an animal or specified animals.
TEMPORARILY. A period of less than 30 days.
(b) Owning certain animals prohibited. It shall be unlawful to own, keep, harbor or possess any animal which is not domesticated as defined herein.
(c) Exclusions. The prohibition contained herein shall not apply to the following animals:
(1) Domestic dogs, other than those which are hybrid with a wild canine;
(2) Domestic house cats, other than those which are hybrid with a wild feline;
(3) Domesticated rodent;
(4) Rabbits;
(5) Ferrets;
(6) Birds, other than those protected by state or federal law;
(7) Turtles, other than those protected by state or federal law;
(8) Amphibians, other than those protected by state and federal law;
(9) Fish, other than those protected by state or federal law;
(10) Invertebrates, other than those protected by state or federal law;
(11) Llamas;
(12) Horses, cows, sheep, swine, mules, donkeys or goats;
(13) Any animal in the ownership of a veterinary clinic operated by a licensed veterinarian;
(14) Any animal, indigenous to the state, in the ownership of a person designated and licensed as an animal rehabilitator by the Kansas Wildlife and Parks Department if such animal is clearly contemplated as a species to be rehabilitated within the conditions of the state permit;
(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 education institution;
(17) Any animal temporarily owned by a facility licensed by the Kansas Animal Health Department for the purposes of impounding, sheltering or caring for animals; and
(18) Ostrich and emu.
(d) Enforcement.
(1) Confiscation. The city may bring an action to seek confiscation of a prohibited animal in the Municipal Court. The Municipal Court Judge may order the immediate confiscation of the prohibited animal by the City Chief of Police upon a finding that the animal poses an immediate danger to the public or itself. Upon conviction of a person for owning an animal prohibited by this section, the Municipal Court Judge shall order the City Chief of Police to confiscate the animal. The Chief of Police may delegate the actual confiscation to the Kansas Department of Parks and Wildlife or to any appropriate licensed animal rehabilitation or care facility. Any animal confiscated pursuant to this provision shall be transferred to an appropriate licensed animal rehabilitation or care facility. The Municipal Court Judge may order the animal released to the owner upon any showing that the animal will be transferred to an appropriate licensed animal rehabilitation or care facility or to a location outside the city where such animal may be legally kept. If the owner fails to make such a showing within 14 days of the confiscation of the animal, the Court shall order the animal to be disposed of by the rehabilitation or care facility in such a manner as the director of such facility sees fit. If the animal is sold by the facility, the proceeds of the sale shall be first used to pay all expenses incurred by the facility in confiscating, housing, caring for and disposing of the animal, then for payment of any fines or court costs which remain unpaid, and then the balance shall be paid to the owner.
(2) Criminal penalty. Any person convicted of violating the provisions of this section shall be fined not less than $50 nor more than $500, and upon any second or subsequent conviction shall be fined not less that $100 nor more than $1,000 and confined in jail for not more than ten days. Each consecutive day’s violation shall constitute a separate offense.
(Ord. 637, passed 12-21-2009)