If it crawls, flies or walks on four legs, the department's three animal control officers have probably dealt with it. The ACOs regulate the nearly 2,800 domestic dogs and cats registered in the city each year.

They are also often called upon to remove bats and birds from houses, round up stray horses, and pull opossums from basements and any number of other calls dealing with the multitude of animals that inhabit Leawood.

Informational Brochure on Bats

Also available is an informational brochure on "Coexisting with Coyotes".

Our 'Lost and Found' animals are taken to State Line Animal Hospital.

Here's another great place to find some pets needing homes (KCpetconnect.com).

Animal Control Ordinances for the City of Leawood

CHAPTER II. ANIMAL CONTROL

Article 1. General Provisions

Article 2. Dogs and Cats

Article 3. Livestock and Fowl

Article 4. Animal Control Officer

Article 5. General Penalties

ARTICLE 1. GENERAL PROVISIONS

2-101. PURPOSE. It is the intent of this Chapter to promote harmonious relationships in the interaction between humans and animals by:

(a) Protecting animals from improper use, abuse, neglect, exploitation, inhumane treatment and health hazards;

(b) Delineating the responsibilities of an animal owner, harborer or keeper for the acts and behavior of such animal;

(c) Providing security to citizens from annoyance, intimidation, injury, and health hazards by an animal;

(d) Encouraging responsible pet ownership; and

(e) Providing standards for any and all persons and agencies, public or private, engaged in confinement, buying, selling, harboring, or dealing in animals in any manner whatsoever.

(Ord. 1796C; 05-17-99)

2-102. DEFINITIONS.

The following words, terms and phrases, when used in this Chapter, shall have the meanings described to them as follows, except where the context clearly indicates a different meaning:

(a) Abandonment includes the following acts by an owner, harborer or keeper of an animal:

(1) leaving an animal on private or public property without providing responsible animal care for the animal;

(2) refusing to pay for the care of an animal when an animal becomes lost or escapes and another person cares for the animal;

(3) refusing to claim responsibility for the actions of an animal; or

(4) refusing to pay for an animal which has been impounded pursuant to this Chapter.

(b) Adequate Feeding is providing to an animal at suitable intervals (not to exceed 24 hours) a quantity of wholesome foodstuff, suitable for the animal according to the species and age of the animal, that is sufficient to maintain a reasonable level of nutrition for the animal.

(c) Adequate Watering is providing to an animal clean fresh, potable water, supplied in a sanitary manner either continuously or at intervals suitable for the species of the animal, but not to exceed intervals of 10 hours.

(d) Animal means any living, vertebrate creature, domestic or wild, other than lobster, shrimp, clams, fish in an aquarium, and humans.

(e) Animal Control Officer hereinafter A.C.O., is a person employed by, contracted with or appointed by the state, or any political subdivision thereof, for the purpose of aiding in the enforcement of this article, or any other law or ordinance relating to the licensing or permitting of animals, control of animals or seizure and impoundment of animals, and includes any state, county or municipal law enforcement officer, whose duties in whole or in part include the assignments which involve the seizure or taking into custody of any animal.

(f) Animal Shelter is any premises designated by the city for the purpose of impounding and/or quarantining and/or caring for animals.

(g) Bite means any contact between the teeth of an animal and the skin of another animal or person which causes visible trauma, such as a puncture wound, laceration, abrasion, or other opening of the skin.

(h) Bureau of Licenses, hereinafter B.O.L. means the City Clerk or other person designated by the City Administrator to issue licenses and regulations governing the issuance of licenses pursuant to this Chapter.

(i) Cat shall be defined as felis domesticus.

(j) Dangerous Animal means any mammal, reptile or bird which because of its size, vicious nature or other characteristics, would constitute a danger to human life or property if it is not kept in a safe manner in secured quarters. "Dangerous Animal" also includes any wild/domestic animal hybrid and any pit bull dog, Staffordshire Bull Terrier, American Staffordshire Terrier, American Pit Bull Terrier, or any animal having the appearance or characteristics of being predominantly of the breeds known as Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier.

(k) Dog shall be defined as canis familarias only (not as hybrids such as familiaris/lupus or familiaris/latrans).

(l) Domestic Animal means any animal tamed by humans.

(m) Euthanasia is the humane killing of an animal by a method which produces instantaneous unconsciousness and immediate death without visible evidence of pain or suffering.

(n) Harborer means any person who provides food and/or shelter for seven consecutive days or more.

(o) Inoculation for Rabies or Vaccination for Rabies means the inoculation of an animal by a licensed veterinarian with a vaccine approved by the State of Kansas for use in the prevention of rabies.

(p) Keeper shall mean any person temporarily entrusted with the care and custody of the animal.

(q) Kennel means any person engaged in the business of breeding, buying, selling, or boarding dogs and cats.

(r) Nuisance means an animal:

(1) is unsecured; or

(2) acts in a manner that would disturb a reasonable person other than the owner, harborer or keeper of the animal by growling or biting at a person;

(3) chases, molests, or acts in a manner toward a person other than the owner, harborer or keeper that reasonably disturbs a person;

(4) attacks animals other than wild animals;

(5) damages the property of a person other than the owner, keeper or harborer;

(6) barks, bays, howls, or makes any other noise that reasonably tends to disturb a person that has signed a statement (which can be recorded by the A.C.O.) setting forth facts concerning the volume, time, and length of barking. The person making such statement must agree in writing to testify in court if requested;

(7) creates odors that would offend a reasonable person other than the owner, keeper or harborer of the animal;

(8) defecates on public property;

(9) defecates on private property without the permission of the owner of the property;

(10) becomes or creates an insect breeding site;

(11) is ridden on public property and obstructs or interferes with vehicular or pedestrian traffic;

(12) threatens or endangers public health;

(13) impedes refuse collections; or

(14) acts in any other manner that interferes with the enjoyment of property by a person other than the owner, harborer or keeper of the animal.

(s) Person means any individual, association, partnership, corporation or any other group.

(t) Pet Shop means any person engaged in the business of breeding, buying, selling, or boarding animals in any species.

(u) Primary Enclosure means any structure used or designed to restrict any animal to a limited space, such as a room, pen, cage, compartment or hutch.

(v) Responsible Animal Care means any owner, harborer, or keeper of any animal must provide:

(1) adequate feeding;

(2) adequate watering;

(3) proper and comfortable shelter;

(4) veterinary care to prevent the animal from suffering and or provide for the health and well-being of the animal, including customary inoculations to maintain good health;

(5) humane treatment and socialization for the needs of the animal;

(6) sanitary conditions, including making physically clean and the prompt removal and sanitary disposal of all excreta; or

(7) the required amount of appropriate exercise to promote the good health of the animal.

(w) Secured Animal means any animal other than a cat that is:

(1) attached to a hand-held lead not more than eight feet in length and prevented from making uninvited contact with humans or other animals;

(2) safely tethered to a chain or leash not more than eight feet in length provided the animal is under the direct and constant observation of and control of the owner, keeper or harborer and prevented from making uninvited contact with humans or other animals;

(3) confined to a cage, pen, vehicle, or trailer; or

(4) on the premises of the owner, harborer or keeper and under control of a responsible person and obedient to the command of that person.

(x) Secured Enclosure means a locked structure enclosing an area suitable to confine a vicious dog or a dangerous animal and suitable to prevent young children from coming in physical contact with the animal. The structure shall be comprised of a top, sides and bottom and shall be designed to prevent the animal from escaping. If the bottom of the structure is not attached to the sides, the sides must be embedded in the ground by no less than one foot.

(y) Sell and/or Sold means transfers by sale or exchange. Maintaining animals for sale is presumed whenever 20 or more animals are maintained by any person.

(z) Shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, age and condition of the animal which provides shade from direct sunlight and regress from exposure to inclement weather conditions. The shelter shall contain proper bedding material as appropriate for the species. The shelter shall be reasonably comfortable for the animal.

(aa) Swine means any of various stout-bodied, short-legged omnivorous mammals of the family Suidea with a thick bristly skin and a long mobile snout.

(bb) Trap means any mechanical device or snare which seeks to hold, capture or kill an animal.

(cc) Veterinary Hospital means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals.

(dd) Vicious means having a disposition or propensity to attack or bite any person or animal without provocation.

(ee) Wild Animal means an animal as defined at (d) herein that is not of a species customarily used as an ordinary household pet, but one which would ordinarily be confined to a zoo or one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Fish in an aquarium are not included in this definition.

(Ord. 1796C; 05-17-99)

(Code 2000)

(Ord. 1997C; 06-16-03)

2-103. ANIMAL ABUSE. It shall be unlawful for any person to abuse any animal. Animal abuse includes, but is not limited to:

(a) ill-treating or tormenting; willfully killing, maiming, disfiguring or torturing; beating with a stick, chain, club or any other object; mutilating, burning or scalding with any substance an animal; driving over or setting an animal upon another animal.

(b) driving or working any animal mercilessly or in a manner that inflicts pain;

(c) failing, refusing, or neglecting to provide an animal in their charge or custody with responsible animal care;

(d) transporting an animal in the open bed of a truck unless properly restrained so as to prevent the animal from leaving or being thrown from the vehicle and/or transporting any animal in any vehicle in a manner that inflicts pain or in any other inhumane manner;

(e) chaining, roping, or otherwise securing an animal without ensuring all of the following: that the animal will not become entangled; that the animal is within reach of its food and water and; that the animal is not in danger of becoming suspended and/or hung from any object or structure;

(f) abandoning any animal within the city limits;

(g) making accessible to an animal any substance which has in any manner been treated or prepared with a harmful or poisonous substance;

(h) permitting or attending any dogfight, cockfight, bullfight or other combat between animals or between animals and humans;

(i) cropping animal ears or docking animal tails except by a licensed veterinarian;

(j) offering to give or giving a live animal as a prize or as a business inducement;

(k) failing to stop when operating a motor vehicle after striking a domestic animal and immediately rendering proper assistance and immediately reporting any injury or death to the owner of the animal unless the owner cannot be ascertained and located in which case the operator shall immediately report the incident to the Leawood Police Department;

(l) training or encouraging an animal to fight or attack other animals or humans; or

(m) allowing an animal to have too much food or water.

(Ord. 1796C; 05-17-99)

2-104. TRAPPING.

(a) No person shall do any trapping anywhere in the city except by means of cage-type live traps.

(b) All traps shall be clearly marked with the owner's name, address and telephone number of the owner of the trap or the trap shall be confiscated by the Police Department and destroyed if not claimed within six hours.

(c) All traps will be kept in good condition and working order and will be checked every six hours while set to insure that no animal is unreasonably suffering and to remove and properly dispose of the animal.

(d) This section does not apply to the use of traps specifically designed to kill rats, mice, gophers, squirrels or moles with the consent of the owner or occupant of the property where the trap is set.

(Ord. 1796C; 05-17-99)

2-105. FENCES.

(a) Fences to contain any animal shall be as follows: securely constructed; adequate for the purpose; kept in good repair; and, not be allowed to become unsightly.

(b) Invisible fences shall be maintained in accordance with the specifications of the manufacturer. An animal placed within an invisible fence shall be trained in accordance with the specifications of the manufacturer.

(c) Invisible fences shall be no closer than 10 feet from a public walkway or street, and it shall be unlawful to allow an animal, other than a domestic cat, to be confined solely within an invisible fence.

(Ord.1796C; 05-17-99)

2-106. COMPLIANCE WITH FEDERAL REGULATIONS.

It shall be unlawful for any person to buy, sell or offer to sell a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969.

(Ord. 1796C, 05-17-99)

2-107. DEAD ANIMAL REMOVAL AND DISPOSAL.

The property owner where any animal has died and/or the owner, keeper or harborer of the animal shall remove and properly dispose of the remains of the animal. In the event of a failure to properly dispose of the remains of an animal, the Animal Control Officer may remove and dispose of the remains of the animal; and the property owner and/or owner, keeper or harborer of the animal will be responsible for any expenses involved in the removal and disposal of said animal.

(Ord. 1796C; 05-17-99)

2-108. INJURED OR ILL ANIMALS.

(a) If the owner of an injured or ill animal cannot immediately be contacted, the Animal Control Officer may seek aid for the animal. The owner of the animal will be responsible for any expenses for the treatment and board of the animal.

(b) In the event that a domestic animal is severely injured or ill and an owner cannot be contacted, the Animal Control Officer and his or her supervisor will decide if the animal will be euthanized.

(c) The Animal Control Officer may obtain care for any injured or ill wild animal within the city limits and/or euthanize such animal.

(Ord. 1796C; 05-17-99)

2-109. LIMITATIONS ON OWNERSHIP.

(a) It shall be unlawful for any person to own, harbor or keep more than two dogs and/or two cats over six months of age in the City of Leawood unless the person has properly obtained a permit allowing the person to keep a greater number of dogs and/or cats.

(b) Any person who desires to own, keep or harbor more than two dogs and/or two cats, including those desiring to operate a circus, bona fide educational institution, bona fide medical institution, or bona fide museum, kennel, pet shop, bona fide licensed veterinary hospital, livery or riding stable, commercial zoo, zoological park, animal act, or similar place of exhibition of animals, may apply to the City Clerk for a "special animal permit," that shall, upon issuance, allow the applicant to own, keep or harbor the animals specifically allowed in that permit.

1. All applicants must adequately show that special circumstances exist that justify the keeping of the subject animals, and that the keeping of additional animals will not create a nuisance in the surrounding neighborhood, that reasonable animal care will be provided and that the premises where the animals are kept is suitable for the keeping of multiple animals and is in conformity with all City zoning requirements. The criteria to be evaluated include, without being limited to the following:

a. That the animals will be kept or maintained at all times in a safe and sanitary manner.

b. That the quarters in which such animals are kept or confined will be adequately lighted and ventilated and are so constructed and maintained that they can be kept in a clean and sanitary condition.

c. That the health and well-being of the animals will not in any way be endangered by the manner of keeping or confinement.

d. That the keeping of such animals will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood.

e. That the keeping of such animals will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animals are kept or harbored.

f. That the animals will not unreasonably annoy humans, endanger the life, health or safety or citizens to the enjoyment of life or property.

g. That the animals will not repeatedly run or be found at large, will not damage or deposit excretory matter upon the property of anyone other than their owner, and will not chase vehicles or molest or intimidate pedestrians or passersby.

h. That the animals will not make disturbing noises, including but not limited to, continued and repeated or untimely howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors and others in close proximity to the premises where the animals are kept or harbored, or otherwise be offensive or dangerous to the public healthy, safety or welfare, by virtue of their behavior, number, type or manner of keeping.

i. That the applicant or any person who will share in the care, custody and control of the animals, is not currently in violation of, or has not previously violated any applicable City, state or federal laws, codes, rules or regulations, including but not limited to, those pertaining to the reasonable animal care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the subject permit.

(c) The City Clerk shall deny any application where the applicant fails to show proof of the aforementioned requirements by review of an examination of the documentation submitted by the applicant, or an investigation by the animal control division of the police department, or both, reveals that, in the opinion of the Animal Control Division, the applicant has failed to meet the requirements of this section. Any such applicant shall be required to show proof of meeting the required standards by clear and convincing evidence. The Animal Control Division shall submit a written report of its investigation stating the factual basis for its recommendation to grant or deny any application. The Animal Control Division shall consider the comments of neighbors, past violations by applicant, the size, condition and location of the area where the animals will be kept, the size of the animals to be kept, past complaints concerning the applicant and the criteria set forth in this section and any other factors relevant to the issue of keeping additional animals.

(d) The City Clerk shall establish an application process to be followed by all individuals seeking a "special animal permit." The permit shall be issued for the period from January 1st through December 31st of each year. The special animal permit shall be issued for the individual animals listed in the application and shall not be transferable to other animals except for a circus, bona fide educational institution, bona fide medical institution, or bona fide museum, kennel, pet shop, bona fide licensed veterinary hospital, livery or riding stable, commercial zoo, zoological park, animal act, or similar place of exhibition of animals, which may substitute animals up to a certain number as approved in the special animal permit. The fact an individual has previously been issued a special animal permit may be considered but shall not be controlling in the City Clerk's decision to issue a special animal permit for a different animal.

(e) The City Clerk may revoke any permit if the person holding the permit refuses or fails to comply with this Chapter, the regulations promulgated by the City Council, or any state or local law such as those governing cruelty to animals, or the keeping of animals, or if the animals' place of keeping otherwise constitutes a nuisance to the surrounding neighbors or that the permittee had provided false information in the application. Any person whose permit is revoked shall, within 30 days thereafter, sell or otherwise humanely remove the animals from the premises and no part of the permit fee shall be refunded.

(f) As used in this section, "special circumstances" is defined as any unusual, extraordinary and exceptional situation or condition whereby the strict application of the numerical limits set forth in this section would be contrary to the intent, purposes and objectives of such limitations and would be contrary to the public interest and welfare.

(g) The provisions of this section do not apply to service animals otherwise governed under K.S.A. 39-1101 et seq.

(h) Any person who is denied a special animal permit or who has had an existing permit revoked may, within 10 days thereafter, file a written notice or statement of appeal from said decision, ruling, action or finding to the Leawood Municipal Court including the administrative fee, for an administrative hearing thereon.

1. An administrative fee of $10.00 shall be paid to the Municipal Court Clerk and is required for each appeal to the Municipal Court, and no appeal shall be set for hearing until such fee has been paid.

2. The filing of an appeal under this subsection shall stay any action taken pursuant to this chapter for sixty (60) days, provided, however, that the Judge of the Municipal Court may grant an additional stay up to a total of 120 days from the day of the original denial of the special animal permit.

3. The hearing on the appeal shall be conducted by a Leawood Municipal Court judge who will sit as an administrative judge for purposes of this chapter. The sole issue for determination shall be whether decisions, rulings, actions or findings of the Animal Control Officer and/or City Clerk were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case. If the Court denies the application, then the Court shall set a reasonable time, not to exceed an additional 120 days for the applicant to remove the animals from the applicant's premises.

(j) An initial permit fee in the amount of $100.00 shall be paid by the owner, keeper or harborer of the animal identified in the permit. A permit renewal fee in the amount of $50.00 shall be paid by the owner, keeper or harborer, for each year thereafter. All fees shall be nonrefundable and nontransferable.

(Ord. 1796C; 05-17-99)

(Ord. 1912C; 09-04-01)

2-110. KEEPING OF A DANGEROUS AND/OR WILD ANIMAL.

(a) It shall be unlawful for any person to own, keep or harbor any dangerous or wild animal within the city limits except as herein provided.

(b) No person, other than the following entities having a valid dangerous animal permit, may keep a dangerous or wild animal for display or for exhibition purposes whether gratuitously or for a fee in the City of Leawood.

(1) a zoological park;

(2) circus;

(3) bona fide licensed veterinary hospital;

(4) bona fide educational institution;

(5) bona fide medical institution;

(6) bona fide museum.

Such persons or entities may receive a permit for keeping a dangerous animal if the subject animal or animals are considered wild animals such as lions, tigers, bobcats, all other members of the feline family, bears, wolves, coyotes, monkeys, apes, gorillas, poisonous or dangerous snakes or other reptiles, poisonous or dangerous insects, eagles, hawks, owls, other wild or dangerous members of the bird family, and any bird that is not captive bred domestically.

Any such person or entity must have a permit to keep a dangerous animal in the city, and shall execute the following agreement, which shall be attached to the permit as Exhibit A:

EXHIBIT A [2.96 KB - PDF File]

(c) The Federal Animal Welfare Act must be strictly followed if any dangerous animal is to be kept by a zoological park, circus, bona fide licensed veterinary hospital, bona fide educational or medical institution or museum.

(d) No person shall keep or permit to be kept any dangerous animal as a pet.

(e) Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous animal within the city, the city shall conduct an investigation and if the investigation reveals evidence that indicates that such person named in the complaint is in fact the owner, keeper or harborer of any such dangerous animal in the city, the city shall mail written notice to the property owner where the animal is located requiring the owner to safely remove the animal from the city within five days. Notice shall not be required where a dangerous animal has caused serious physical harm or death to any person or has escaped and is at large, in which case the city shall cause the animal to be immediately seized and impounded or killed, if seizure and impoundment are not possible without the risk of serious physical harm or death to any person.

(f) The city shall forthwith cause to be seized and impounded any dangerous animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent. Upon seizure and impoundment, the animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals. If, during the seizing and impounding of any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the city may render the animal immobile by means of tranquilizers or other safe drugs or if that is not safely possible, then the animal may be killed.

(g) Any reasonable expenses incurred by the city in seizing, impounding and confining any dangerous animal shall be charged against the owner, keeper or harborer of such animal. Such charges shall be in addition to any fine or penalty provided for violating this section.

(Ord. 1796C; 05-17-99)

(Code 2000)

(Ord. 1997C; 06-16-03)

2-111. VICIOUS ANIMAL

(a) It shall be unlawful to own, harbor or keep a vicious animal within the City of Leawood except as provided in this Chapter.

(b) The owner of an animal that has been found and/or declared to be vicious in any jurisdiction, must within 10 days of the conviction and/or declaration provide to the animal control officer two color photographs of the animal clearly showing the color, approximate size and any distinguishing markings on the animal.

(c) All vicious animals shall be confined in a secured enclosure as defined in this Chapter. It shall be unlawful for any owner, keeper or harborer to allow a vicious animal to be outside of the dwelling of the owner or outside of the enclosure unless it is necessary to obtain veterinary care for the vicious animal or to sell or give away the vicious animal or to comply with commands or directions of the Animal Control Officer with respect to the vicious animal. In such event, the vicious animal shall be securely muzzled and restrained with a chain having a minimum tensile strength capable of keeping said animal attached to said chain and not exceeding three feet in length, and shall be under the direct control and supervision of the owner, keeper or harborer of the vicious animal. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(d) The owner of a vicious animal shall display in a prominent place on the premises a clearly visible warning sign indicating that there is a vicious animal on the premises and state whether it is a dog or cat. A similar sign is required to be posted on the pen or the kennel of the animal.

(e) No vicious animal may be kept on a porch, patio or in any 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 the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

(f) Unless otherwise ordered by the Judge after being convicted of owning, keeping or harboring a vicious animal, the owner, harborer or keeper shall present satisfactory evidence to the City Clerk that the owner has procured liability insurance in the amount of at least $500,000 covering any damage or injury which may be caused by such vicious animal during any 12 month period for which a license is sought. The policy shall contain a provision requiring the City to be named as additional insured for the sole purpose of the City to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. The owner shall maintain and not voluntarily cancel the liability insurance required by this section during the 12 month period for which the license is being sought, unless the owner shall cease to own the vicious animal prior to the expiration of the license.

(g) Trained police dogs utilized by properly certified law enforcement officers in the course of official duty shall be exempt from the provisions of this section.

(h) A vicious cat must be declawed by a licensed veterinarian.

(i) Upon conviction of a first offense, the general penalty for this Chapter shall apply.

(j) Upon conviction of a second offense, the Court shall order the animal permanently removed from the City within three days or euthanized. Should the order of the Court be appealed, the animal must be removed from the City pending disposition of the appeal. Failure to comply with the removal order shall result in the animal being impounded and shall be punishable by a fine of $500 per day that the vicious animal remains in the City and/or one year confinement in the county jail.

(k) A permit for the keeping of a vicious animal shall be issued for one year upon payment of a fee of $50 to the Police Department of the city and will be deemed to have expired one year from date of issuance. The person to whom a permit is issued shall sign a written agreement, on a form approved by the city attorney, permitting the animal control officer to inspect the permittee's premises from time to time. The permittee shall pay $20 for each inspection provided that if more than four inspections are made of any premises in any permit year, the permittee shall not be required to pay for more than four inspections. Until the city attorney authorizes the use of a different form, such agreement shall be worded substantially the same as the form entitled "Exhibit A-Agreement Permitting Inspections," the text of which is found elsewhere in this article in Section 2-110 (b). Failure to comply with any of the foregoing requirements in this Section 2-111 shall be grounds to revoke such permit.

(Ord.1796C; 05-17-99)

2-112. BITE AND SCRATCH PROCEDURES.

(a) When any animal has bitten or attacked any person within the City limits of Leawood, and/or when an animal is suspected of having rabies, it shall be the duty of any person having knowledge of such to report the same immediately to the Police Department.

(b) Except as provided in subsection (f) herein, an animal alleged to have bitten or otherwise so injured a person causing an abrasion of the skin, shall immediately be quarantined at the expense of the owner with a licensed veterinarian within Johnson County, Kansas for a period of 10 days.

(c) If the owner, keeper or harborer of the animal alleged to have bitten or injured a person can not be immediately contacted, the Leawood Police Department and/or the A.C.O. shall immediately impound such an animal at the expense of the owner for not less than 10 days. If the address of the owner can be determined, the Leawood Police Department shall mail a notice to the owner that the animal has been impounded under the provisions of this section. The owner has the right to redeem the animal if that animal is determined to be free of rabies at the expiration of confinement upon payment of all expenses including the boarding, any veterinarian fees and any license and penalty fees due and owing the city. There may be conditions concerning the keeping, housing and handling of the animal that the owner, keeper or harborer must follow until the municipal judge determines how the animal shall be kept.

(d) In the event the original place of quarantine is not the choice of the owner, the owner may request a change of place of quarantine to a licensed veterinarian of the owner_s choice in Johnson County, Kansas from the A.C.O. The A.C.O. shall insure that the place of quarantine and licensed veterinarian complies with all provisions of this article. The total period of confinement of the animal is a period of not less than 10 days. No credit shall be given for any period of time the animal remained at large.

(e) The veterinarian with whom the animal is quarantined shall provide a written report to the police department as to the health of the animal immediately after receiving any information concerning rabies.

(f) In the event that the investigating officer determines:

(1) that the animal which injured the person did so while properly secured on or within the property of the owner, harborer or keeper of the animal;

(2) that the person injured was upon the property without the consent of the owner; and

(3) that the animal had an effective rabies vaccine and was duly licensed under this article at the time of the injury, then the animal need not be impounded in accordance with Section 2-112 (a), but the following alternative procedure shall be followed:

(i) If the injured person or legal guardian desires that the animal be impounded and agrees in writing to pay for the board during the period of impoundment, it shall be impounded for the period specified notwithstanding any other provision of this article.

(ii) If the injured party or legal guardian is unwilling to agree in writing to pay for the boarding of the animal during the period of impoundment, the animal shall be permitted to remain confined in the residence of the owner or keeper, provided that the owner or keeper signs a written agreement to keep the animal confined for the specified period and allows the animal to be periodically examined by an animal control officer to determine its physical condition during the confinement period. If the owner or keeper is unwilling to sign such an agreement, the animal shall be immediately impounded in accordance with this chapter.

(4) It shall be unlawful to own, harbor, keep or in any manner be responsible for an animal that bites or otherwise so injures a person causing an abrasion of the skin. The owner, harborer or keeper of any animal that bites or otherwise so injures a person causing an abrasion of the skin, shall be punished by a fine of not less than $100 but not more than $500, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. The Judge may also order that the animal be euthanized taking into consideration the nature and severity of the incident and whether the animal has displayed dangerously aggressive behavior and is likely to inflict injury on another person or animal.

(Ord. 1796C, 05-17-99)

2-113. UNSECURED ANIMAL.

(a) It shall be unlawful for the owner, keeper or harborer of any animal to allow such animal to be unsecured anywhere in the city.

(b) It shall be unlawful to abandon an animal.

(c) Unsecured or abandoned animals may be immediately euthanized if the Animal Control Officer or any other agent designated by the city believes that seizure and impoundment are not possible without the risk of serious physical harm or death to any person.

(d) If an animal is unsecured within the city limits, such animal may be seized by the Animal Control Officer or by any other agent designated by the city, and the animal shall be held seven days as provided by the animal shelter or agent, and if within that seven days the owner of the animal reports to the police department and pays the expenses of seizing, boarding, and caring for the animal, the animal may be released to the owner provided that the animal is not vicious or dangerous and is eligible to be released pursuant to this Chapter.

(e) If impounded, the police department will attempt to contact the owner, harborer or keeper of the animal. If the animal is not claimed within seven days, the animal may be adopted or euthanized as decided by the designated agent and/or the animal shelter.

(Ord. 1796C; 05-17-99)

2-114. ANIMAL NUISANCE.

(a) It shall be unlawful for any person to appear with an animal on public property or the property of another, absent that person_s consent, without some means for the removal of excrement. It shall be unlawful for any person to fail to immediately remove any excrement deposited by his or her animal on any public or private property, other than the property of the owner of the animal. This section does not apply to a blind person while walking his or her work dog.

(b) It shall be unlawful for the owner, harborer or keeper of an animal to allow the animal to be exposed in any public place in the city, or to ship or remove such animal from the property of the owner, harborer or keeper, when the animal is afflicted with a contagious or infectious disease unless under the supervision of the Animal Control Officer or a licensed veterinarian.

(c) All female animals in heat shall be confined in an enclosure or building in such a manner that the animal cannot come in contact with a male animal except for planned breeding.

(d) It shall be unlawful for the owner, keeper or harborer of any animal to allow that animal to create any type of nuisance as defined in this Chapter.

(e) Nuisance-Injunction: Any violation of Section 2-113 is hereby declared to be a nuisance. In addition to any other relief provided by this section, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, temporary injunction, and permanent injunction.

(Ord. 1796C; 05-17-99)

2-115. SALE OF ANIMALS. SPECIAL PERMIT AND BUSINESS LICENSE REQUIRED.

It shall be unlawful to attempt to sell and/or maintain for sale, and/or sell an animal without obtaining a special permit and business license from the Bureau of Licenses (BOL).

(Ord. 1796C; 05-17-99)

2-116. CHAPTER ADMINISTRATION.

The City Administrator 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.

(Ord. 1796C; 05-17-99)

ARTICLE 2. DOGS AND CATS

2-201. LICENSING AND VACCINATIONS.

(a) It shall be unlawful for any person to own, keep or harbor any dog or cat over six months old unless such dog or cat is licensed as provided herein. Any person bringing a dog or cat over six months old into the city on or after March 1 shall have 30 days from the day the animal is brought into the City to license the animal through the city's Bureau of Licenses. If the animal is not licensed within the time required, the owner shall be subject to a penalty as set forth in the fee schedule established and maintained by the City Administrator, as prescribed in Section 1-701 of the Code of the City of Leawood.

(b) An application provided by the BOL must be completed and submitted annually by any person owning, keeping or harboring a dog or cat. The application must include the following information:

(1) the name, address and telephone numbers of the person; and the dog or cat shall be identified by sex, age, breed, color, and call name; and

(2) the date (which must be within the past 12 months) of inoculation of the rabies vaccine, the name of the inoculating veterinarian and the rabies vaccine inoculation certificate number.

(c) It shall be unlawful for any owner to own, keep or harbor any dog or cat over six months old unless such dog or cat is currently vaccinated against rabies. If a licensed veterinarian recommends that a dog or cat not be inoculated with a rabies vaccine for health purposes, the owner of such an animal will need to submit to the B.O.L., a statement from a licensed veterinarian on official letterhead specifying the reason that the animal should not be vaccinated.

(d) The owner or harborer of a dog or cat shall carefully preserve the current Certificate of rabies Vaccination that was issued by a veterinarian at the time of the inoculation, and shall promptly present the certificate for inspection when requested to do so by an animal control officer or a police officer.

(e) A license fee and submission of the Certificate of Vaccination are required for a license. The license fees for sexually altered and unaltered dogs and cats are set forth in the fee schedule established and maintained by the City Administrator, as prescribed in Section 1-701 of the Code of the City of Leawood. Written proof by a licensed veterinarian that an animal has been neutered or spayed must be presented.

(f) Any person owning, keeping or harboring a work dog, as described below, shall be exempt from the license fee payment upon submittal of adequate proof that the dog has received a rabies vaccine inoculation and is fully trained as a work dog and is used regularly as a work dog.

(1) Dogs providing services for persons with disabilities; or

(2) Dogs utilized by law enforcement personnel.

(g) The license year shall be from January 1 through December 31 of each year. The fee shall be due and payable before March 1 of each year. A penalty as set forth in the fee schedule established and maintained by the city administrator, as prescribed in Section 1-701 of the Code of the City of Leawood, shall be assessed on March 1 and every 30 days thereafter.

(h) Licenses shall be issued in the form of a durable tag which shall be worn at all times fastened to the collar or harness of the dog or cat. License tags shall not be transferable. If a tag is lost, a replacement tag will be issued upon sufficient evidence of prior licensing and payment of the charge as set forth in the fee schedule established and maintained by the city administrator.

(i) It shall be unlawful for any person to remove or cause to be removed, the collar, harness or the license tag from any licensed dog or cat without the consent of the owner, keeper or harborer of the dog or cat. Any dog or cat running at large and found not wearing a tag indicating that the dog or cat was licensed for the current year, shall be seized by the A.C.O. or Police Department.

(j) Persons that do not reside in Leawood may keep no more than two dogs and/or cats within the city for less than 30 days before licensing the dogs and cats.

(Ord. 1796C; 05-17-99)

ARTICLE 3. LIVESTOCK AND FOWL

2-301. KEEPING OF LIVESTOCK PROHIBITED.

(a) It shall be unlawful for any person to own, keep, harbor or maintain a cow, a pig, a horse, a mule, a sheep, a goat, a chicken, a duck, a goose, or any other animal other than a cat or dog on any premises not zoned for agricultural purposes within the corporate limits of the city.

(b) This section shall include those animals considered miniature or pygmy breeds, including but not limited to, Vietnamese pot-bellied pigs, miniature horses and miniature goats.

(c) Nuisance-Injunction: Any violation of this Section 2-301 is hereby declared to be a nuisance. In addition to any other relief provided by this article, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, temporary injunction, and permanent injunction.

(Ord. 1796C; 05-17-99)

2-302. KEEPING OF PIGEONS PROHIBITED.

(a) It shall be unlawful to own, keep or harbor any pigeon including, but not limited to the following: any member of the family Columbidae, including racing pigeons, fancy pigeons and sporting pigeons.

(b) Nuisance-Injunction: Any violation of this Section 2-302 is hereby declared to be a nuisance. In addition to any other relief provided by this article, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, temporary injunction, and permanent injunction.

(Ord. 1796C; 05-17-99)

ARTICLE 4. ANIMAL CONTROL OFFICER

2-401. DUTIES.

Animal Control Officers are hereby charged with the duties of enforcing this article and no person shall interfere with, hinder, molest or abuse such officers or other designated agents in the exercise of their powers or in the enforcement of this Chapter.

(Ord. 1796C; 05-17-99)

2-402. POWERS.

Within the city limits of Leawood, the animal control officers and their designated agents may:

(a) Enter without a warrant upon private property to secure an animal or abate an animal nuisance where such animal is found in plain sight other than in a residential structure and to seize such animal from private property.

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

(c) Enter without a warrant upon private property to investigate cruelty and/or abuse to animals, including but not limited to inspection of pet stores, stables, and other commercial animal establishments.

(d) File complaints against person for violations of animal control ordinances and issue notices to appear in Municipal Court.

(e) Demand immediate presentation to the Animal Control Officer of an animal by its owner, harborer or keeper when there is a suspected violation of the Chapter. It shall be unlawful to fail, neglect or refuse to present an animal to the A.C.O., the designated agent of the city for purposes of enforcing this Chapter, or law enforcement personnel.

(f) Seize an animal which appears to be suffering or in imminent danger from cruelty or neglect.

(Ord. 1796C; 05-17-99)

ARTICLE 5. GENERAL PENALTIES

2-501. PENALTIES.

(a) It is unlawful for any person to violate any of the provisions of this Chapter.

(b) Each day that a person is in violation of any section of this Chapter, constitutes a separate offense.

(c) Each section and subsection of the Chapter constitutes a separate violation for sentencing purposes.

(d) Any person convicted of a violation of this Chapter, where no other penalty is stated for the violation, shall be punished for that violation by a fine of not less than $50 but not more than $500, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. These fines shall be in accordance with the minimum fine schedule set out in subsection (e) of this section.

(e) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following:

(1) First Offense $50

(2) Second Offense $100

(3) Third Offense $300

(4) Fourth and subsequent offense $500

In determining the applicable minimum fine, an offense shall be considered a subsequent offense only if the defendant has previously pleaded guilty or been found guilty of the same offense.