§ 6.04.010. Definitions.
As used in this chapter:
Abandoned cat means a cat which has returned to the feral state or which does not have a collar.
Adequate care means normal care and prudent attention to the needs and welfare of an animal, including that care normally needed to maintain good health of the animal, including clean and dry bedding and resting surfaces, grooming, removal of manure, and:
1.
Adequate food means wholesome foodstuffs suitable for the animal provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health of the animal considering its age and condition; and
2.
Adequate health care means the provision to an animal of all immunizations and preventive care required to maintain good health; space adequate to allow the animal to 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; and
3.
Adequate shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the animal, considering the condition and age of the animal which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions; and
4.
Adequate water means a continual access to or access at suitable intervals to a supply of clean, fresh, potable water provided in a sanitary manner suitable for the condition of the animal.
Animal day care means a commercial establishment that takes temporary possession of an animal, at the request of an owner, to provide safety, comfort and/or socialization of the animal.
Animal fighting paraphernalia means equipment, animals, or commodities designed or capable of use for the purpose of training animals to attack other animals, as in dogfighting or cockfighting, including but not limited to: animal treadmills, drugs for healing animals such as anti-inflammatories, antibiotics or steroids, spurs, equipment used to threaten animals for the purpose of training for aggressive behavior, and/or equipment used to strengthen animal bodies. In determining whether an object is animal fighting paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
1.
Statements by an owner or person in control of the object concerning its use.
2.
Prior convictions, if any, of an owner or person in control of the object under any state law or city ordinance relating to animal fighting, animal cruelty or gambling.
3.
The proximity of the object, in time and space, to a direct violation of an animal fighting, animal cruelty or gambling statute or ordinance.
4.
The proximity of the object, in time and space, to other objects also susceptible for use as animal fighting paraphernalia.
5.
The existence of bloodstains or blood spatters on the object.
6.
The manner in which the object is displayed for sale or is described in written material on the subject of animal fighting.
7.
The existence and scope of legitimate uses for the object in the community.
8.
Expert testimony concerning the object's use.
9.
The proximity of the object, in time and space, to dogs showing evidence of wounds or scarring.
Animal Services Officer means any person employed by, contracted with or appointed by the City of Wichita, or any designee of the Chief of Police of the City of Wichita, for the purpose of aiding in the enforcement of this Code. As used in this code, Animal Services Officer, Health Officer and Animal Control Officer are synonymous.
Animal shelter means the facility or facilities authorized to care for animals impounded or held under the authority of the ordinances of the City of Wichita or the State of Kansas.
Attack means violent or aggressive physical contact with a person or domestic animal or violent or aggressive behavior that confines the movement of a person, including, but not limited to, charging, cornering, chasing, or circling a person.
Bite means any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.
Cat means any of the small carnivorous mammal varieties of Felis Catus which are domesticated. Such term shall not include hybrid breeds of cats which have been bred to a wild animal.
Cattery means any premises where there is being maintained or harbored a total of five of more cats or more than two unspayed female cats, except veterinary hospitals. This term does not include foster homes operated under the auspices of rescue organizations licensed by the Kansas Department of Animal Health.
City Treasurer means the duly appointed treasurer of the city or his/her authorized representative.
Commercial animal establishment means any pet shop, animal day care, grooming shop, auction, riding school, stable, kennel, guard dog service, dog trainer or other business which keeps or maintains animals in stock for retail or wholesale trade or sale.
Dangerous dog means: any dog that has been declared dangerous or potentially dangerous pursuant to 6.04.045.
Defecate means to excrete waste matter from the bowels.
Dog means any animal which is of the species Canis Familiaris. Such term shall not include hybrid breeds of dogs which have been bred to a wild animal.
Dog breeder means a person who raises or produces dogs or puppies for sale or profit.
It is presumed that a person who advertises the sale of dogs or puppies or a person who owns two or more unaltered female dogs is a dog breeder. Such term shall include persons who are licensed by the State of Kansas as an animal dealer, retailer breeder, animal breeder, hobby breeder or hobby kennel. Such term shall include a person who owns one or two unaltered Pit Bulls.
Domestic animal structure means all pens, houses or structures where domestic animals are confined, such as, but not limited to: hutches, cotes, lofts, kennels, dog runs, warrens, feed lots, barns or other buildings and enclosures. The term does not apply to perimeter fencing surrounding the property.
Domestic animals means all animals that have been domesticated, such as, but not limited to, dogs, cats, cattle, horses, swine, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons or other fowl.
Ferret means a domesticated, small, elongated carnivorous mammal which belongs to the Mustelidae Family (Mustela putorius furo).
Foster care, group home or rescue means a person or organization, whether for profit or non-profit, which provides temporary care for animals from a licensed animal shelter at a private residence. Temporary care is a period of time not to exceed six months. Such term shall include foster, group and rescue homes operated under the auspices of rescue organizations licensed by the Kansas Animal Health Department.
Fowl means any domesticated or wild bird, including but not limited to: chickens, hens, ducks, geese, pheasants, turkeys, doves, pigeons, parrots, parakeet and exotic birds.
Garbage means the putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food for human beings.
Groomer means a person or establishment which provides animal grooming services.
Inhumane treatment means any treatment to any animal which deprives the animal of necessary sustenance, including food, water and protection from the weather; any treatment such as overloading, overworking, tormenting; beating, mutilating, teasing or other abnormal treatment; or causing or allowing the animal to fight with any other animal.
Kennel means any premises where there is being maintained a total of five or more adult dogs owned by the property resident.
Livestock means any cow, ox or other bovine, goat, sheep, horse, ratites, donkey, swine, mule or other animal of similar or larger size.
Microchip means a passive transponder which can be implanted in an animal and which is a component of a radio frequency identification (RFID) system.
Neighbor means any person residing within 200 from the outermost property line of the property where a domestic animal is owned, kept or harbored.
Owner, keeper or harborer means any person who possesses, harbors, keeps, feeds, shelters, maintains, offers refuge or asylum to any animal, or who professes to keeping, owning or harboring of such animal. In addition, any person who signs a receipt as owner, keeper or harborer for the return of an animal from any shelter or animal holding facility, shall be presumed to be the owner, keeper or harborer of the animal. A parent or legal guardian shall be deemed to be an owner, keeper or harborer of animals owned, kept or harbored upon their premises by minor children who are less than 18 years of age. Such term shall also include any person who exercises control over or is in possession of any such animal.
Person means any individual, firm, association, joint stock company, syndicate, partnership, corporation, other state franchised business entity such as a professional association, limited liability company, or limited liability partnership, or other organization of any kind.
Picket means attaching a leash, rope, chain, lead, tether or other similar apparatus or device to the body of an animal and another inanimate or immovable object for the purpose of confining the animal or limiting the movement of the animal.
Pit Bull dog is defined to mean any and all of the following dogs:
1.
The Staffordshire Bull Terrier breed of dogs;
2.
The American Staffordshire Terrier breed of dogs;
3.
The American Pit Bull Terrier breed of dogs;
4.
Dogs which have the appearance and physical characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier.
A dog which possesses five out of the following eight characteristics shall be considered to be a Pit Bull:
1.
Head is medium length, with a broad skull and very pronounced cheek muscles, a wide, deep muzzle, a well-defined, moderately deep stop, and strong under jaw. Viewed from the front the head is shaped like a broad, blunt wedge.
2.
Eyes are round to almond shaped, are low in the skull and set far apart.
3.
Ears are set high. Un-cropped ears are short and usually held rose or half prick, though some hold them at full prick.
4.
Neck is heavy and muscular, attached to strong, muscular shoulders.
5.
Body is muscular, with a deep, broad chest, a wide front, deep brisket, well-sprung ribs, and slightly tucked loins.
6.
Tail is medium length and set low, thick at the base, tapering to a point.
7.
Hindquarters are well muscled, with hocks, set low on the legs.
8.
Coat is a single coat, smooth, short and close to the skin. Pit bull puppies have the same characteristics, though in juvenile or adolescent form. Muscles, along with breadth and depth of head and chest may be less developed. Specifically excepted from this definition is any dog with proof, by a written certification from a veterinarian licensed by the State of Kansas, that the dog does not contain in its lineage any American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier.
Premises means a lot, plot or parcel of land including structures located thereon.
Public nuisance means any repeated acts of an animal that irritates, perturbs or damages rights and privileges common to the public or enjoyment of private property or indirectly injures or threatens the safety of a member of the general public. Such actions include, but are not limited to:
1.
Damage to public or private property including, but not limited to: breaking, bruising, tearing up, digging up, crushing or injuring any lawn, garden, flower bed, plant, shrub or tree in any manner;
2.
Rips any trash bag or tips any solid waste collection container which spills or scatters trash, debris, refuse or waste.
3.
Repeatedly defecates upon any public place or upon premises not owned or controlled by the animal's owner, keeper or harborer, provided that this definition shall not apply where such waste is immediately removed and properly disposed of by the owner of such animal.
4.
Allowing or permitting an animal to be maintained in an unsanitary condition so as to be offensive to sight or smell.
5.
Causes a condition which endangers public health or safety.
Ratites means all creatures of the ratite family that are not indigenous to this state, including but not limited to, ostriches, emus and rheas.
Refuse means all putrescible and non-putrescible waste materials (except animal body discharges) such as trash, garbage, dead animals, paper, cardboard, tin cans, grass, wood, metals, salvage or inert materials produced or accumulated in connection with the maintenance of domestic animals.
Retail means any transaction where the animal is sold to the final consumer.
Running at large means any animal, with the exception of a cat, that is not confined within a fenced enclosure or shelter capable of preventing the animal from exiting at will, unless under the control of a person, either by lead, cord, rope or chain; provided that an animal may be considered confined if it is on a leash, rope or chain which is sufficient to keep the animal on the premises where picketed in accordance with section 6.04.040(e)(14). For the purposes of this chapter, an animal shall not be considered running at large when on the owner's property and confined by an operating electronic fencing system when the premises are clearly and prominently marked to show the existence of the electronic fencing system and the animal is equipped with the necessary and operating components of the system required to confine the animal to the owner's property. Further, a dog shall not be considered to be running at large when it is unleashed inside a dog park owned or operated by the City of Wichita.
Sale or offer for sale includes transfers by sale or exchange.
Sanitary means clean, free from waste and free from infectious influences.
Secure enclosure means a locked enclosure or structure measuring at least six feet in width, 12 feet in length, and six feet in height, a secure top attached to the sides which provides proper protection from the elements for the dog, is suitable to prevent the entry of young children, and is designed to prevent the animal from escaping while on the owner's property, which has been inspected and approved by Animal Services Officer. Such enclosure shall have a concrete or wire floor to prevent the dog from digging out or escaping from the enclosure.
Stockyard means a public terminal stockyard posted by the packers and stockyards divisions of the United States Department of Agriculture.
Unaltered means an animal which has not been surgically sterilized.
Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.
Veterinarian hospitals mean a domestic animal hospital operated by a doctor of veterinary medicine, licensed by the state.
Vicious propensity means a known tendency or disposition to approach any individual or domestic animal in an attitude of attack when there is no provocation.
Waste or wastes means manure or the bodily discharge of all domestic animals, spilled feed or unconsumed feed and liquid cleaning wastes, including suspended solids resulting from cleaning operations.
Wild animal means any species that has established breeding populations currently within North America, which is self-sufficient in the natural environment, and the majority of whose populations are not domesticated.
(Ord. No. 47-695, § 1, 12-4-07; Ord. No. 48-300, § 1, 3-24-09; Ord. No. 48-583, § 1, 12-22-09; Ord. No. 49-010, § 1, 5-24-11; Ord. No. 49-010(Corr. Copy), § 1, 7-11-11; Ord. No. 50-600, § 1, 10-10-17)