The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANIMAL
Any live, vertebrate creature, domestic or wild, other than humans, and including all fowl, fish and reptiles.
ANIMAL CONTROL OFFICER
The person duly authorized by the City Manager to perform the duties authorized by this chapter or any law enforcement officer who may act through the Chief of Police to perform any duty under this chapter unless otherwise specifically stated.
ANIMAL HOSPITAL
Any facility which has the primary function of providing medical and surgical care for animals and is operated by a currently licensed veterinarian.
ANIMAL NUISANCE
Any nuisance arising out of the keeping, maintaining, owning, or failure to exercise sufficient control of an animal.
ANIMAL SHELTER
The facility or facilities operated by the authorized agents of the City of Parsons for the purpose of impounding or caring for animals under the authority of this chapter or state law.
AT LARGE
Any animal off of the premises of the owner and without a leash under the immediate control of a person physically capable of restraining the animal.
CAT
Any member of the Felis catus family, male or female, regardless of age.
CATTERIE
Any establishment where more than four purebred cats, registered under any nationally recognized cat fancy group, society, or association, are kept as a hobby or for profit, where the breeding of such animals is for the improvement of the breed, and where such cats are kept in a specific, indoor, enclosed area at all times.
CITY CLERK
The City Clerk for Parsons, Kansas and/or his/her authorized agent or designee.
[Added 9-7-2004 by Ord. No. 6016]
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, auction, riding stable, guard dog service, kennel, hobby breeder, catterie, animal shelter, other than that operated by the City, animal hospital, business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments.
DOG
Any member of Canis familiaris, male or female, regardless of age.
DOMESTIC ANIMAL
Includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hare and rabbit, pheasant and other birds and animals raised and/or maintained in confinement.
EXOTIC ANIMAL
Live monkey, alligator, crocodile cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, member of the reptile family measuring over eight feet in length, member of the feline species other than the domestic cat (Felis domesticus), member of the canine species other than the domestic dog (Canis familiaris) or any other animal that would require a standard of care and control greater than required for customary household pets or domestic farm animals.
FOWL
Any animal that is included in the zoological class Aves.
HOBBY BREEDER
Any person who owns more than four purebred dogs over five months of age, where such dogs are habitually lodged or fed within such person's house or premises, for the purpose of improving the breed, and who raises no more than two litters of pups per year.
HOUSEHOLD
All persons living in the same dwelling unit.
HUMANELY EUTHANIZED
The proper injection of a substance that quickly and painlessly terminates the life of an animal or any method approved by the American Veterinary Medical Association or the American Humane Society.[1]
IMPOUNDMENT
The taking into custody of an animal by a law enforcement officer, Animal Control Officer or any authorized representative thereof.
INHUMANE OR CRUEL TREATMENT OR MANNER
Any treatment of any animal which deprives the animal of necessary sustenance, including sufficient wholesome food, potable water and protection from weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing or other abnormal treatment that causes suffering to such animal.
KENNEL
Any premises upon which five or more cats or dogs are kept, boarded, bred, trained for a fee, bought and/or sold, except for commercial animal establishments otherwise enumerated in this chapter.
LARGE ANIMAL
Any swine, bovine, horse, mule, donkey and other equine, goat, sheep, beast of burden, or any other domestic or wild animal of similar or larger size.
NEUTERED
Any male or female cat or dog that has been permanently rendered sterile.
OWNER
Any person who feeds or shelters any unowned animal for 24 or more consecutive hours or who professes ownership of such animal. If a minor owns an animal, then any household head of which such minor is a member shall be deemed the owner of such animal under this chapter and shall be responsible as the owner, whether or not such household head is himself/herself a minor. If not a member of a household, such minor shall be directly subject to the provisions of this chapter.
PREMISES
Any parcel of land and any structure(s) thereon in which any animal regulated by this chapter is housed and/or confined.
PUBLIC NUISANCE ANIMAL
Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include but not be limited to any animal that is repeatedly found running at-large or any animal that makes excessive noise. Refer to § 205-18.
REGISTRATION TAG
Any system of animal identification approved by the City Manager which does not involve alteration or permanent marking of any animal.
RESIDENTIAL STRUCTURE
All or part of any building which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, lodging houses, mobile homes, dormitories, sororities and fraternities.
SMALL ANIMAL
Any animal not within the definition of "large animal," but including all dogs without reference to size.
SUMMONS
A notice of violation requiring the accused to appear before the Municipal Judge to answer the charge of violation of this chapter.
UNDER RESTRAINT
An animal secured by a leash under control of a person physically capable of restraining the animal or securely enclosed within the real property limit of the owner's premises.
VICIOUS OR DANGEROUS ANIMAL
Any animal that attacks, bites, or physically injures human beings, domesticated animals, or livestock without adequate provocation or which, because of temperament or training, has a known propensity to attack, bite or physically injure a human being, domesticated animal or livestock. Any animal without provocation that has bitten or attacked a human being or other animal shall be prima facie presumed to be vicious or dangerous.[2]
State law reference — Livestock and domestic animals, K.S.A. Ch. 47.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Whenever, in this chapter, any act is prohibited or is declared to be unlawful or the performance of any act is required or the failure to do any act is declared to be unlawful and no specific penalty or penalty range is provided by another section of this chapter, the violation of any provision in this chapter shall be punished by fine of not more than $500 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, at the discretion of the court. Each day any violation of this chapter continues shall constitute a separate offense.
A. 
Except where otherwise provided, it shall be the duty of the City Manager to administer and enforce the provisions of this chapter directly and/or through staff assigned. The Chief of Police or his/her designee shall keep a record of all enforcement and investigative activities.
B. 
The City Manager is authorized to develop administrative regulations necessary to implement the provisions of this chapter, including procedures for animal enumerations, animal shelter operation, and such other fees required by this chapter but not specified herein.
It shall be the duty of the Police Department officers to enforce the provisions of this chapter and any regulations issued by the City Manager and to assist the Animal Control Officer in enforcing the provisions of this chapter.
A. 
The Animal Control Officer and the Chief of Police are hereby authorized to issue a summons to the owner of any animal in violation of any provision of this chapter. Such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other provisions of this chapter.
B. 
The Animal Control Officer and Police Department officers are hereby authorized to take up and impound any animal in violation of any provision of this chapter if the person owning such animal cannot be issued a summons because such person is not known or present or to impound any animal that is prohibited under § 205-11 or 205-27. Such animal shall be confined in a humane manner and shall be released upon proof that the party claiming the animal is entitled to possession thereof and upon satisfying the requirements of § 205-34.
[Amended 9-7-2004 by Ord. No. 6016]
C. 
In the interest of animal welfare, any person owning any animal in the City by so doing does thereby authorize the Animal Control Officer or Chief of Police to enter upon private property, other than within any residence, where such animal is kept, if the officer has probable cause to believe the animal is being kept in a cruel or inhumane manner, for the purpose of examining such animal and impounding such animal at the animal shelter when, in said examiner's opinion, it is being kept in an unlawfully cruel or inhumane manner.
D. 
Any animal that has bitten a person shall be removed from the property of its owner by the Animal Control Officer or any police officer and confined until an identification microchip has been implanted in the animal (if feasible) at the cost of the owner. This microchip requirement shall also apply to any animal that was running at large at the time of the bite. Said animal shall continue to be impounded for the applicable observation period if such animal's owner is unable to provide proof of vaccination. Said animal shall only be returned to the owner upon the payment of all vet fees. Upon the completion of the observation period and approval by the City of the release of the animal, the owner shall have three business days from the end of the observation period to pay all vet fees. Failure to pay all vet fees and recover the animal by its owner within the three business days shall allow the animal to become the property of the City and it may be adopted, transferred to a duly incorporated humane society, or humanly euthanized. All impoundment costs shall be the responsibility of the dog owner and may be assessed as restitution in any criminal case involving said dog or collected by a civil lawsuit.
[Amended 6-15-2020 by Ord. No. 6467; 1-18-2022 by Ord. No. 6510; 2-7-2022 by Ord. No. 6511]
E. 
The Animal Control Officer and any police officer are hereby authorized to use humane live traps or tranquilizer guns to capture any animal whose presence on private or public property constitutes a nuisance to persons. In the event that there is a threat to the public health or the health of domestic animals, the Chief of Police may authorize other means to capture or destroy animals deemed to be dangerous.
F. 
It is unlawful for any person to interfere with the duty of the Animal Control Officer or any police officer by removing or causing to be removed the identification tag of any cat or dog without the consent of the owner thereof, refusing to identify himself upon the request of the Animal Control Officer or any police officer when such officer has probable cause to believe that such person has violated this chapter, or in any other manner preventing the lawful discharge of enforcement duties prescribed by this chapter.
G. 
Any animal that the Animal Control Officer, a police officer, or City Attorney files a complaint against to declare it vicious may be impounded by the Animal Control Officer or any police officer and confined until the first hearing on said complaint as described in § 205-25C. Said animal shall continue to be impounded until released by the Court or agreed to by the City. The owner of said animal shall be responsible for all vet fees unless the Court orders otherwise. Said animal shall only be returned to the owner upon the payment of all vet fees. When eligible for release, the owner shall have three business days from when notified to pay all vet fees. Failure to pay all vet fees and recover the animal by its owner within the three business days shall allow the animal to become the property of the City and it may be adopted, transferred to a duly incorporated humane society, or humanly euthanized. All impoundment costs shall be the responsibility of the dog owner and may be assessed as restitution in any criminal case involving said dog or collected by a civil lawsuit.
[Added 1-18-2022 by Ord. No. 6510; amended 2-7-2022 by Ord. No. 6511]
Any owner of any animal shall also meet any requirements for the reporting of animal bites, the confinement of animals that have bitten persons, or any other duties prescribed by the Animal Control Officer through regulations issued to protect the public health.
It shall be unlawful for any veterinarian within the City to fail to report to the Animal Control Officer the examination or treatment of any animal that is owned or maintained in violation of this chapter.
No animals shall be allowed to enter any theater, store or other public building in the City, whether accompanied by its owner or person in charge or otherwise, except with the approval of the building's owner or manager. Dogs trained to assist the blind, deaf or handicapped are exempt from this section.
The owner of any animal, when such animal is off the owner's property, shall be responsible for the removal of any feces deposited by such animal on public walks, streets, recreation areas, or private property, and it shall be a violation of this provision for such owner to fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defecation occurred.
A. 
The Animal Control Officer shall be responsible for the removal of any dead, small animal found within the City, except as otherwise provided in this chapter. In this chapter, the term "dead, small animal" shall exclude any animal lawfully and humanely killed for food.
B. 
No person having in his possession any dead animal shall permit the same in or upon any private or public place without at once, upon the death or the discovery of the animal, giving notice to the Animal Control Officer.
C. 
Large dead animals shall be removed and appropriately disposed of by the owner or proprietor of the premises promptly after the death or discovery of such animal. If not so removed or properly disposed of, such animal shall be removed by the Animal Control Officer at actual cost to the property owner or proprietor.
D. 
Except as prescribed in this chapter, any small dead animal upon private property shall be removed by the Animal Control Officer as soon as possible after notice is given. For the occasional removal of small animals from private premises there shall be no charge.
E. 
For the removal of small dead animals from animal hospitals, the animals shall be reported to the Animal Control Officer and held under conditions satisfactory to the Animal Control Officer pending pickup. If a charge is assessed, the fee will be established by the governing body of the City of Parsons.
[Amended 12-20-2021 by Ord. No. 6508]
A. 
It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City:
(1) 
Any warm-blooded, carnivorous or omnivorous, wild or exotic animal, as defined herein.
(2) 
Any animal having poisonous bites.
(3) 
Any fowl, other than domestic chickens and pigeons, except for caged birds kept as pets within a residence structure; provided, however, that domestic geese and domestic ducks may be kept on any pond, lake or waterway normally containing three acres feet of water or normally impounding water covering 1 1/2 acres of water surface area so long as the total population of fowl does not exceed eight in total number; provided, further, that the number prescribed above may be exceeded during the annual spring hatching season. When the hatchlings reach 10 weeks of age, the excess population shall be reduced on a pond known as "Prairie West Pond" to a total of two adult pair of domestic geese and two adult pair of domestic ducks. The excess population on all other qualified areas shall be reduced to four adult pairs of ducks and/or geese based upon the owner's preference. The City of Parsons shall be responsible for the population control of the domestic geese and ducks.
B. 
Dangerous wild animals, wild animals, and exotic animal are allowed within the City only under the following circumstances:
(1) 
During exhibitions or a temporary auction when under the direct supervision and presence of a person with the appropriate USDA license or the State of Kansas license, if any license is required under those circumstances, and in accordance with the requirements of either USDA or the State of Kansas;
(2) 
While being transported through the city during the normal course of traveling when under the direct supervision and presence of a person with the appropriate USDA license or State of Kansas license, if any license is required under those circumstances, and in accordance with the requirements of either USDA or the State of Kansas; or,
(3) 
While being transported directly to or from a veterinary clinic in accordance with the requirements the USDA or State of Kansas, if any, and while being held at a veterinary clinic.
C. 
Violations and penalties. Any person violating or permitting the violation of any provision of this section shall, upon conviction in the Municipal Court, be fined a sum of not less than $200 and not more than $1,000. In addition to the fine imposed, the Court may sentence the defendant to imprisonment in county jail for a period not to exceed 30 days. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony, necessitated by enforcement of this section.
Any person keeping, harboring, owning or in any way possessing within the corporate limits of the City any dog must control the dog by one of the following means:
A. 
In a securely enclosed pen or fenced area sufficient to contain the animal.
B. 
On a chain sufficient to contain the animal.
C. 
On a suitable leash and under restraint and the control of a person capable of restraining the animal.
A. 
No livestock, including but not limited to horses, mules, cattle, sheep, goats and swine, shall be owned or maintained within the corporate City limits, except as provided below:
(1) 
Horses which are used for riding purposes only may be stabled within the City limits, provided that no more than one horse shall be kept for each 20,000 square feet of contiguous gross land area. Horses shall be kept only where permitted by the zoning regulations. No shelter or stable for horses shall be permitted closer than 100 feet to any occupied residential structure other than on the same tract or within 100 feet of any lot line in any residential zoning district.
(2) 
Bovine (beef and dairy cattle) shall be kept only where permitted by the zoning regulations. No more than a combination of two cows, heifers, calves and steers shall be kept for each acre of contiguous gross land area. Bulls for the purpose of breeding shall not be pastured within the City limits. No shelter or barn shall be permitted closer than 100 feet to any occupied residential structure other than on the same tract or within 100 feet of any lot line in any residential zoning district.
(3) 
No feeding or watering troughs or tanks or storage of animal waste material shall be located within 100 feet of a property line. All occupied stalls shall be cleaned at least once each day.
(4) 
Designated areas, for the purpose of health and sanitation, shall be under the supervision of the City Manager or his/her designee. If at any time such designated areas become a nuisance or a fly-breeding or rat-infested area, the City Manager or his/her designee shall have the authority to order the property cleaned and the horses and/or bovine removed until the nuisance is abated.[1]
[1]
Editor's Note: Original § 5-13(b), which immediately followed this subsection and provided for maintenance of livestock at existing locations until January 1, 1985, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The provisions of this section shall not apply to any person engaged in the packing house business or in selling or shipping cows, calves, goats, horses, mules or swine insofar as it may be necessary for such parties to bring such livestock into the City and keep the same in the City in the legitimate transaction and carrying on of their business.
A. 
It shall be unlawful for any person in charge of a residence to own more than four dogs or four cats, or any combination of such animals exceeding four in number, over the age of 120 days at such residence unless the residence or all of the dogs and cats kept therein are within one or more of the following exemptions:
(1) 
The residence is licensed as a commercial animal establishment.
(2) 
The residence is zoned Heavy Commercial (C-4), Light Industrial (I-1) or Heavy Industrial (I-2).
(3) 
All dogs and cats are properly vaccinated and were owned and kept at this residence prior to June 1, 1984.
B. 
It shall be unlawful for any person in charge of a residence to own more than 15 domestic chickens or pigeons, or combination thereof.
C. 
Any kennel, catterie or hobby breeding establishment shall be limited in size to no more than 20 animals over 120 days of age.
D. 
A hobby breeder may reside only in C-3 Service Commercial, C-4 Heavy Commercial, I-1 Light Industrial and I-2 Heavy Industrial Zoning Districts of the City, except that any hobby breeder residing in any residential zoning district of the City on May 14, 1984, shall be permitted to continue operation at such location, provided that the hobby breeder is in existence and continuously operated prior to June 1, 1984.
E. 
Any catterie owner shall reside only in C-3 Service Commercial, C-4 Heavy Commercial, I-1 Light Industrial and I-2 Heavy Industrial Zoning Districts of the City, except any person operating a catterie in any residential zoning district of the City on May 14, 1984, shall be permitted to continue catterie operation at such location, provided that such catterie is in existence and continuously operated prior to June 1, 1984.
F. 
Any kennel shall be located only in C-4 Heavy Commercial, I-1 Light Industrial and I-2 Heavy Industrial Zoning Districts of the City, except that any person operating a kennel for cats or dogs in any residential zoning district of the City on May 14, 1984, shall be permitted to continue kennel operations at such location, provided that such kennel is in existence and is continuously operated prior to June 1, 1984.
G. 
When animals in excess of the limits established by this chapter are found at a residence, all of the animals found at the residence may be removed by the Animal Control Officer and impounded, except that the person in charge of the residence may designate and retain up to those limits established in this chapter.
It shall be unlawful for any person to maintain any chicken coop, pigeon cote or rabbit hutch within 100 feet of any lot line. Any yard housing for animals shall be subject to the maintenance prescribed in §§ 205-13 and 205-16 of this chapter, and any yard enclosure shall be so constructed and maintained that any animal kept therein is securely confined and prevented from escaping therefrom.
A. 
It shall be unlawful for any person to keep or maintain any animal in any yard structure or area that is not clean, dry and sanitary; free from debris and offensive odors that annoy any neighbor; and devoid of rodents and vermin.
B. 
Excrement shall be removed daily from any pen or yard area where animals are kept and, if stored on the premises of any animal owner, shall be stored in adequate containers with flytight lids.
C. 
All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs and standing water is not present.
D. 
All earthen yards or runways wherein chickens are kept shall be spaded, then limed once every three months from the month of April through the month of December. All structures or pens wherein chickens are kept shall be sprayed to control flies and other insects.
E. 
All premises on which animals are kept shall be subject to inspection by the Animal Control Officer. If the Animal Control Officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on him/her prior to filing a complaint in Municipal Court. Any animal kept under any condition which could endanger the public's or animal's health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.
It shall be unlawful for the owner of any animal to permit such animal to make excessive noise that disturbs a neighbor. The following definitions and conditions shall apply to this section:
A. 
The phrase "excessive noise" shall mean any animal noise which is so loud and continuous or untimely as to disturb the sleep or peace of a neighbor.
B. 
The term "neighbor" shall mean any person residing in a residence structure which is within 100 yards of the property on which the animal is owned.
C. 
If a summons is issued charging violation of this provision, a subpoena shall also be issued to the disturbed neighbor to testify to the disturbance under oath.
A. 
It shall be unlawful cruelty to animals for any person to own any animal and:
(1) 
Fail to provide such sufficient and wholesome food; potable water; shade and protection from the weather, which shall include a structurally sound, weatherproof enclosure large enough to accommodate the animal with adequate bedding; opportunity for exercise, veterinary care when needed to treat injury or illness, unless the animal is instead humanely euthanized; or other care as needed for the health or well-being of such kind of animal;
(2) 
Abandon or leave any animal in any place. For the purpose of this provision, "abandon" means for the owner or keeper to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than 12 hours without providing for adequate food, potable water and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded; or
(3) 
Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal.
B. 
Any animal impounded for being kept in violation of this chapter may be humanely euthanized by the Animal Control Officer if he deems it necessary to relieve suffering. The owner of any animal that is not euthanized shall be entitled to regain custody of such animal only after such custody is authorized by the court. All expenses accrued for the treatment or care of such animal shall be paid by the owner, whether or not he/she seeks to regain custody of such animal.
C. 
No person shall willfully and wantonly kill, beat, cruelly ill treat, torment, overload, overwork or otherwise abuse any animal or cause, instigate or permit any dog fight, cock fight or other combat between animals or between animals and humans, nor shall any person attend such unlawful exhibition or be umpire or judge at such.
D. 
The operator of a motor vehicle which strikes any animal shall, as soon as possible, report the accident to the Animal Control Officer or the Police Department and shall report the accident to the animal's owner, if the owner can be ascertained.
E. 
No person shall offer to give any live animal as a prize or as a business inducement.
F. 
It shall be unlawful for any person to sell within the City any animal whose owning is prohibited by this chapter or to sell or display any animal that has been artificially dyed or colored. Chicks or rabbits younger than eight weeks of age may not be sold or offered for sale in quantities fewer than five to an individual purchaser.
G. 
No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose, on his own property, poison mixed with only vegetable substances, except for commercial exterminators.
H. 
It shall be unlawful for any person to use a spring steel trap in the City limits, except rat, mice, and mole traps.
I. 
It shall be unlawful for any person to willfully kill any songbird or to molest the nest of such birds.
J. 
No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he is not the owner for more than 24 hours without first reporting the possession of such animal to the Animal Control Officer.
K. 
No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or is likely to cause physical injury or suffering. All equipment used on a performing animal shall not harm or injure the animal.
It shall be unlawful for any person owning any cat or dog to permit such animal to be outside the residence structure of such owner without a current City registration tag attached to the collar or harness of such animal. It shall be unlawful for any person to permit a City registration or rabies vaccination tag to be worn by any animal other than the animal for which such tag is issued.
Any person owning any cat or dog over 120 days of age shall be required to have such animal currently immunized or vaccinated against rabies. For the purpose of this section, "currently immunized or vaccinated against rabies" shall mean that such dog has been inoculated against rabies by a licensed veterinarian within the past 24 months and such cat has been inoculated against rabies by a licensed veterinarian within the past 12 months; however, dogs under six months of age which are inoculated must receive a second rabies inoculation within 12 months. This section shall not apply to any catterie breeder duly licensed under the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Any sick or injured cat or dog found at large in the City wearing a current City registration or rabies vaccination tag shall be taken at once by the Animal Control Officer or any police officer to a veterinarian for examination and treatment, and the owner of such animal shall be promptly notified. All charges for veterinary services shall be borne by such owner.
B. 
Any sick or injured cat or dog found at large in the City without such identifying tag or tattoo shall be examined at once by the Animal Control Officer and held at the animal shelter or animal hospital as defined in this chapter.
The owner of any female cat or dog shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building except when off such person's premises briefly for toilet purposes.
[Amended 9-7-2004 by Ord. No. 6016]
It shall be unlawful for the owner of any animal to permit such animal to run at large within the City at any time. Any animal shall be deemed running at large when such animal is not inside a residence structure, secure fence, or pen; on a leash held by a person capable of controlling such animal; or tethered in such a manner as to prevent its getting onto public rights-of-way or another's property. This provision shall not apply to domestic pigeons or to cats, which shall, however, be kept under reasonable restraint to prevent such nuisance activities. If while said animal is at large it bites an individual, the owner shall have a minimum fine of $150 in addition to the penalties allowed under § 205-2.
[Amended 7-20-2009 by Ord. No. 61891-18-2022 by Ord. No. 6510; 2-7-2022 by Ord. No. 6511]
A. 
Complaints. A written and signed complaint must be made to the Municipal Court that identifies the possible vicious animal and the animal's owner. Said complaint may be made by the Animal Control Officer or a Parsons police officer or the City Attorney.
B. 
Notice. The owner of the complained of animal shall be served a notice of such complaint. The person shall be advised at least five days in advance by the City of the time and place of the first hearing on the complaint. The notice shall be delivered either by certified mail, postage prepaid, return receipt requested, or personally served by a public officer or a law enforcement officer.
C. 
Hearing. On the day and time of the first hearing, the Court shall explain the motion and the consequences of the dog being declared vicious. The owner may stipulate to the animal being vicious or request an evidentiary hearing be held by the Municipal Court. At any evidentiary hearing, the person may be represented by counsel, and the person and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Municipal Judge. In the event the animal owner fails to appear at either the first hearing or the evidentiary hearing, if the Court determines proper notice was given, the Court may declare the owner in default and declare the dog vicious with any other applicable findings.
D. 
Evidence. For purposes of this section, an animal that bites any person or has a history of attacking or wounding of persons or other domestic animals shall be prima facie evidence that the animal is vicious or dangerous.
E. 
Authority of Court. At the hearing, the Municipal Court shall have the authority to declare an animal vicious by making the finding as to the inherently dangerous nature of the animal as to persons or other domestic animals, its history of attacking or wounding of persons or other domestic animals, the seriousness of these attacks or wounds against a person or other domestic animal, and its potential to inflict wounds in the future or otherwise meets the definition contained in § 205-01 defining a vicious animal.
F. 
Penalties. Declaration of an animal as vicious shall be grounds for the impoundment and humane euthanizing of the animal, removal from the City within the time prescribed by the court or the animal may remain within the City if approved by the Court with any conditions the Court may require, which at a minimum must include an inspection of the premises the animal will be residing at to determine if said residence is secure enough to keep the animal from running at large. All dogs that have been declared vicious and are allowed to remain within the City limits shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed with their owner or other person. Such pen, kennel or structure must have secure sides. All structures used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure.
G. 
Any animal impounded pending a hearing to determined if said animal is vicious and is not ordered euthanized shall be required to be microchipped for identification purposes at the expense of the owner with the cost of said microchip being paid by the owner. All impoundment costs shall be the responsibility of the dog owner and may be assessed as restitution in any criminal case involving said dog or collected by a civil lawsuit.
A. 
Any person owning a trained guard dog (for the purpose of this provision, meaning a dog used to guard public or private property) in the City shall register such dog with the Chief of Police, who shall verify that such animal is confined in a manner that will not endanger persons not on the premises guarded.
B. 
A conspicuous notice shall be posted on the premises where any guard dog is kept to warn persons of the nature of the dog therein confined.
C. 
Any person operating a guard dog service in the City shall register such business with the Chief of Police and shall list all premises to be guarded with the Chief of Police before such service begins.
[Added 9-7-2004 by Ord. No. 6016; amended 6-15-2020 by Ord. No. 6467; 1-18-2022 by Ord. No. 6510; 2-7-2022 by Ord. No. 6511]
It shall be unlawful for any person to allow an animal to run at large as defined by § 205-24, keep, own, harbor or possess in any way within the corporate limits of the City any animal that has been declared to be vicious under § 205-25 or fits the definition of "vicious animal" under § 205-1 unless said animal is lawfully allowed within the corporate limits of the City pursuant to § 205-25 and is compliant with any orders issued by the Court therein. Any person violating or permitting the violation of any provision of this section shall, upon conviction in municipal court, be fined a sum not less than $500 and not more than $1,000. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. The Animal Control Officer shall immediately impound any animal that has previously been declared vicious under § 205-25 and is not lawfully allowed within the City or is running at large, to be held until a hearing can be held in Parsons Municipal Court. All costs and expenses associated with said impoundment shall be the responsibility of the person violating this section. It shall be grounds for euthanization if an animal has previously been declared vicious under § 205-25 and is subsequently found illegally within the City limits.