ARTICLE 1. ANIMALS AND FOWL GENERALLY

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

(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. Grooming of animals is also required so that they are free from dangerous matting and nail overgrowth which can affect their health and may be painful.

(b) Adequate food means supplying at suitable intervals (not to exceed 24 hours) of a quantity of wholesome foodstuff, suitable for the animal species and age, and sufficient to maintain a reasonable level of nutrition in each animal.

(c) Adequate health care means the provision to each healthy animal of all immunizations and preventative care required to maintain good health, space adequate to allow the animal rest and exercise sufficient to maintain good health, 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 and regress from exposure to inclement weather conditions.

(e) Adequate water means a continual access to a supply of clean, fresh, potable water.

(f) Animal shall include, but not be limited to, fowl, undomesticated animals, cattle, horses, mules, goats, hogs, and sheep.

(g) Fowl shall mean those domestic birds commonly kept for the production of meat, eggs or feathers. This shall include chickens, ducks, turkeys, geese, swans, peafowl, and guinea fowl, ostriches and emus.

(h) Permitted fowl shall mean ducks, quail, and female chickens.

(i) Potentially dangerous animal shall mean any animal which, when unprovoked:

(1) bites a human; or

(2) inflicts a vicious bite on another domestic animal either on public or private property; or

(3) any animal with a known propensity, tendency, or disposition to attack unprovoked, or otherwise to threaten the safety of humans or domestic animals.

(j) Own shall mean and include own, keep, harbor, shelter, manage, possess, or have a part interest in any animal or fowl. If a minor owns an animal or fowl subject to the provisions of this article, the head of the household of which such minor is a member shall be deemed to own the animal or fowl for the purposes of this article.

(k) Owner shall mean the one who owns the animal or fowl, his or her employee, agent, or other competent person into whose charge the actual owner has placed the animal or fowl.

(l) At-large shall mean off the premises of the owner or keeper or not under the direct control or supervision of the owner or keeper by means of a leash or chain.

(m) Harborer shall mean any person who allows or permits any animal or fowl to habitually remain or to be lodged or fed within or upon the premises of such person.

(n) Person shall mean any person, firm, partnership, association, corporation, or other business entity.

(o) Undomesticated animal shall mean and includes any wild mammal, reptile or fowl which is not naturally tame but is of a wild nature or disposition.

(p) Unprovoked means that the person or domestic animal approached, chased, bitten or attacked:

(1) Did not mischievously or carelessly provoke or aggravate the animal;

(2) Was not committing a willful trespass or other tort upon the premises occupied by the person responsible for the animal;

(3) Was not tormenting, abusing, assaulting, or attacking the animal;

(4) Has not in the past been observed or reported to have tormented, abused, assaulted or attacked the animal; or

(5) Was not committing or attempting to commit a crime.

(q) Vicious animal shall mean an animal which:

(1) When unprovoked, has inflicted a vicious bite to any person;

(2) When unprovoked, has killed a domestic animal, or inflicts a vicious bite that causes the victim animal to be euthanized, while off the property of the person responsible for such vicious animal; or

(3) Is urged by its owner or keeper to attack, or whose owner or keeper threatens to provoke such animal to attack.

(r) Vicious bite is any attack by an animal, which results in serious physical injury or death to a human and/or other domestic animal in which the attacking animal uses its teeth and/or claws.

(Code 1985; Ord. 1017; Code 2016; Ord. 1075)

2-102. Keeping animals and fowl.

(a) Except as provided in subsection (b) and subsection (c) below, it shall be unlawful for the owner, lessee, occupant, or person in charge of any premises in the city to possess and maintain any undomesticated animal or fowl, or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats, swine, fowl, or undomesticated animals are kept. The provisions of this section shall not apply to the maintaining of a stockyard, sales barn, exhibition poultry, veterinary hospital or slaughterhouse, if the location of any such business does not otherwise violate the zoning ordinances of the city.

(b) Except for permitted fowl, as provided in subsection (c) below, any person may petition the governing body for a permit to keep animals otherwise prohibited by subsection (a) above and the governing body may grant such permit upon a finding that the keeping of such animals will not constitute a nuisance or otherwise be detrimental to the public welfare of the city, and upon payment of an annual permit fee as may be established by the city from time to time. A permit granted pursuant to this subsection shall be subject to an annual review by the governing body.

(c) Permitted Fowl. Approval by codes administrator. Any person may petition the codes administrator for a permit to keep permitted fowl and the codes administrator may grant such permit. An annual fee must be submitted upon approval from the codes administrator as established by the city from time to time. A permit granted pursuant to this subsection shall be subject to an annual review by the codes administrator.

(1) Number. The maximum total number of permitted fowl allowed to be owned or kept on an individual lot is one (1) per one thousand (1,000) square feet of lot size, rounded down, but in no event will the total number of permitted fowl on any lot exceed ten (10).

(2) Coops, Roosts, Laying Boxes.

(A) In addition to the other requirements of this Chapter that specify standards applicable to the keeping of animals, any person who owns permitted female chickens shall provide a coop or other similar shelter and adequate laying boxes, and roosts for such chickens. Any person who owns permitted ducks or quail shall provide a coop or other similar shelter and adequate laying boxes. Any shelter required in this article shall be screened or walled in a manner that allows the permitted fowl to be reasonably protected from predators.

(B) Each required coop shall be a minimum of three (3) square feet in size per chicken, duck or quail if the permitted fowl have a fenced outdoor run, or ten (10) square feet per chicken, duck or quail if the permitted fowl do not have a fenced outdoor run.

(C) A minimum of one (1) square foot of laying box space shall be provided per three (3) chickens. Each laying box will contain adequate clean bedding material such as hay or other similar soft material. One (1) eight inch (8”) or larger roost is required per chicken. Ducks and quail do not require roosts.

(D) Coops shall be constructed in a manner that is consistent with the requirements of the city’s zoning regulations, Chapter 16 of the City Code (as amended). In the event that a coop qualifies as an accessory structure or accessory building under that code, all requirements regarding approval, placement, and setbacks must be met. In no event will any coop be located closer than ten (10) feet from any neighboring property line.

(E) In the event that a mobile coop is utilized, the coop shall be kept in compliance with all city ordinances, resolutions, or regulations that apply to the outdoor storage of property.

(F) The coop shall be kept in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or any other noxious substance, offensive odors or the presence of vermin.

(Code 1985; Ord. 1017; Code 2016)

2-103. Same; nuisance.

Any person who maintains any animal or fowl in any building, pen or enclosure on his or her premises which is not kept clean, sanitary or free from filth, debris, garbage and offensive odors at all times, or which is or becomes offensive to those residing in the vicinity shall be deemed to maintain a nuisance. Such a nuisance shall be abated pursuant to the procedure set out in Chapter 8 of this code.

(Code 1985)

2-104. Running at large.

It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in section 2-106.

(Code 1985)

2-105. Herding, grazing.

It shall be unlawful for any person to herd or graze any animal along the streets and alleys, or upon public grounds of the city even when such animal is picketed upon private grounds. Any animal found in violation of the section shall be considered at large and shall be impounded, as provided in section 2-106.

(Code 1985)

2-106. Cruelty to animals.

It shall be unlawful for any person to:

(a) Willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; or otherwise cruelly set upon any animals or fowl, except that reasonable force may be employed to drive off vicious animals;

(b) Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;

(c) Have, keep or harbor any animal or fowl which is infected with any dangerous or incurable and/or painfully crippling condition except as hereinafter provided. The municipal court judge may order a person convicted of violation under this subsection to turn the animal or fowl involved over to a designated humane society. All such animals or fowl taken by the designated agency may be destroyed humanely as soon thereafter as is conveniently possible. This section shall not be construed to include veterinary hospitals or animals or fowl under active veterinary care;

(d) Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color; provided, however, that this section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowl for recognized animal husbandry purposes;

(e) Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals or fowl are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;

(f) Neglect or refuse to supply any animal or fowl with necessary and adequate care, adequate food, adequate water, adequate health care, and adequate shelter.

(Code 1985; Ord. 1075)

2-107. Procedures for cruelty to animals; fines.

(a) Any public health officer, law enforcement officer, licensed veterinarian or officer or agent of the Lawrence Humane Society may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined by 2-106; provided that entry upon private property shall only by accomplished with the assistance of a law enforcement officer. Such officer, agent or veterinarian may inspect, care for, or treat such animal or place such animal in the care of the Lawrence Humane Society or licensed veterinarian for treatment, boarding or other care or, if an officer of the Humane Society 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 (a) pending prosecution of the owner or keeper of such animal for the crime of cruelty to animals as defined in section 2-106 shall be assessed to the owner or keeper as a cost of the case if the owner or keeper is adjudicated guilty of such crime.

(d) If such person is adjudicated guilty of the crime of cruelty to animals as defined in section 2-108 and the court determines that such animal owned or possessed by such person would be in the future subject to any animal cruelty, such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale, adoption, or other disposition.

(e) If the owner, keeper, or harborer is charged with a violation of this section, the City of Eudora may petition the municipal court for ownership of the animal at any time after 21 days after the owner, keeper, or harborer is notified unless the owner, keeper or harborer of the animal files a renewable cash or performance bond with the city clerk in an amount equal to not less than the cost of care and treatment of the animal for 30 days. If the owner or custodian is not known or reasonably ascertainable after 21 days after the animal is taken into custody, ownership shall automatically transfer to the City of Eudora. Upon receiving such petition, the court shall determine whether ownership of the animal may be transferred.

(f) Violation of section 2-106 shall be a municipal offense and upon conviction the defendant shall be fined an amount set by resolution of the governing body from time to time. The municipal judge shall have authority to sentence the convicted defendant to a maximum six (6) month sentence in jail.

(Code 1985; Ord. 1075)

2-108. Cruelty to animals.

It shall be unlawful for any person to:

(b) Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;

(f) Neglect or refuse to supply any animal or fowl with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal or fowl.

(Code 1990)

2-108.1. Procedures for cruelty to animals; fines.

(a) Any public health officer, law enforcement officer, licensed veterinarian or officer or agent of the Lawrence Humane Society may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined by 2-108; provided that entry upon private property shall only by accomplished with the assistance of a law enforcement officer. Such officer, agent or veterinarian may inspect, care for, or treat such animal or place such animal in the care of the Lawrence Humane Society or licensed veterinarian for treatment, boarding or other care or, if an officer of the Humane Society or such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane destruction.

(c) Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to subsection (a) pending prosecution of the owner or keeper of such animal for the crime of cruelty to animals as defined in section 2-108 shall be assessed to the owner or keeper as a cost of the case if the owner or keeper is adjudicated guilty of such crime.

(e) Unless the animal obtained pursuant to this section is the evidentiary subject of a pending prosecution, the owner or keeper of the animal shall wait a maximum of twenty (20) days after the animal is taken into custody to obtain the animal from the veterinarian or the Lawrence Humane Society having custody of the animal. The veterinarian or the Lawrence Humane Society shall notify the owner or keeper of the animal, if known or reasonably ascertainable. The failure of the owner or keeper to obtain custody of the animal in the time provided shall provide the authority for the municipal judge to declare that the animal be disposed of by the veterinarian or Lawrence Humane Society by adoption or destruction.

(f) Violation of section 2-108 shall be a municipal offense and upon conviction the defendant shall be fined an amount set by resolution of the governing body from time to time. The municipal judge shall have authority to sentence the convicted defendant to a maximum six (6) month sentence in jail.

(Ord. 962; Code 2016)

2-109. Animal traps.

It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.

(Code 1985)

2-110. Vicious animals.

(a) Prohibited: It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the animal control officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer or his or her agent to impound such animal.

(b) Defined: For purposes of this chapter a “vicious animal” shall include:

(1) Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

(2) Any animal which attacks a human being or domestic animal without provocation;

(3) Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.

(c) Vicious Dogs to Be Muzzled: It shall be the duty of every owner, keeper or harborer of any dog in the city, which dog is vicious or has been known to bite, chase, or run after any person or animal in the streets, alleys or any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the city limits contrary to this section shall be guilty of a violation of this code.

(d) Immediate Destruction: Nothing in this chapter shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.

(e) Release of: If a complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this article. When any animal remains unclaimed for 72 hours after its release has been authorized by the municipal Judge, the judge may upon making a finding that such animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.

(Ord. 518, Sec. 4)

2-111. Officers authorized to shoot dogs under certain conditions

If after exhausting all reasonable means and methods to catch any dog running at large or unrestrained, in violation of the terms of this chapter, within the city, the animal control officer of the city is unable to take any such dog into custody or such dog becomes dangerous to handle in the sole opinion of the officer, the officer is hereby authorized, directed and empowered to shoot the dog.

(Ord. 518, Sec. 5)

2-112. 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, other than the property 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 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.

(Ord. 963; Code 2016)