The governing body of the City of Frontenac, Kansas hereby finds that to protect and preserve the public health, safety and welfare it is necessary to prohibit the ownership of certain animals within the City and to establish regulations governing the ownership of animals allowed within the City.

(Ord. 2018-07; Code 2021)

As used in this chapter, whether set forth below or within the provision of this chapter:

(a)   Agriculture Animals shall mean goats, kids, sheep, rabbits or hares, pigs, chickens, ducks, geese, horses, cows, mules or donkeys.

(b)   Barking Dogs means any canine which by loud, frequent and habitual barking, howling or yelping annoys another person.

(c)   Domesticated shall mean bred for and adapted to living dependently in an urban household setting and commonly kept as a pet in family households in the United States, including but not limited to, dogs, cats, guinea pigs, rabbits and hamsters.

(d)   Humane shall mean manner of care including, but not limited to, protection from harm, providing of shelter with adequate protection from the elements, ventilation, sanitation, and appropriate food and potable water consistent with the requirements and habits of the animal’s species, type, size, age and condition.

(e)   Impound means an animal taken into custody of the agency with authority to enforce the regulation of animals pursuant to this article of the City of Frontenac.

(f)   Officer shall mean City Animal Control Officer or City Police Officer.

(g)   Own or Owning shall mean to keep, maintain, feed, possess, control, sell, trade, or buy an animal, whether on a permanent or temporary basis.

(h)   Owner means any firm, corporation, organization, department, or person (whether parent, other relative or guardian of persons under 18 years of age) who is 18 years of age or older who owns, keeps, feeds, harbors, has an interest in, or has control or custody of an animal or specified animal whether on a permanent or temporary basis.

(i)    Proper restraint as to a dog means the dog is under the control of an owner and restrained by a substantial lead when not confined in an enclosure.

(j)    Running at Large. A dog shall be deemed to run at large when it is not under the physical control of the person who owns, keeps, harbors or possesses the dog by a leash or other similar device which is adequate to control the dog. It is not sufficient that the dog is controlled by voice command.

(Ord. 2018-07; Code 2021)

It shall be unlawful for any person(s) to own, within the city limits, any animal except as excluded in Section 2-104.

(Ord. 2018-07; Code 2021)

(a)   Animals excluded from prohibition are:

(1)   Domestic dogs, except those hybridized with wild canines.

(2)   Domestic cats, except those hybridized with wild felines.

(3)   Domesticated rodents.

(4)   Domesticated European ferrets.

(5)   Rabbits, except that no more than six (6) rabbits shall be permitted.

(6)   Birds, except for species protected by state or federal law.

(7)   Nonvenomous snakes.

(8)   Nonvenomous lizards.

(9)   Turtles, except for species protected by state or federal law.

(10) Amphibians.

(11) Fish.

(12) Invertebrates.

(13) Any animal in the ownership of a veterinary clinic operated by a licensed veterinarian.

(14) Any animal in the ownership of a person designated and licensed as an animal rehabilitator or falconer by the Kansas Wildlife and Parks Department.

(15) Any animal in the ownership of a person temporarily transporting such animal through the city.

(16) Any animal in the ownership of a bona fide medical institution or accredited educational institution.

(17) Any animal temporarily owned by a facility licensed by the Kansas Animal Health Department for the purpose of impounding, sheltering, or caring for animals.

(18) Domesticated hedgehogs.

(19) Chickens - hens only. Roosters and gamecocks remain prohibited.

(b)   Persons owning or leasing five (5) or more acres within the city limits of the City of Frontenac, Kansas, may own goats, kids, sheep, rabbits or hares, pigs, chickens, ducks, geese, horses, cows, mules or donkeys.

(c)   The Municipal Court Judge may order the confiscation of a prohibited animal if the animal poses an immediate danger to the public or itself. Upon the conviction of a person for owning an animal as prohibited by this Chapter, the Municipal Court Judge shall order the animal confiscated and transferred to an appropriate licensed animal rehabilitation or care facility. The Municipal Court Judge may order the release of the animal to the owner provided that the animal will not be kept within the City limits.

(d)   Penalty. Any person convicted of the violation of any of the provisions of this section shall be subject to the Penalty provisions of Article 4 as hereinafter set out.

(Ord. 2018-07; Code 2021)

(a)   Any public health officer, law enforcement officer, licensed veterinarian or officer or agent of the Crawford County Humane Society may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined by section K.S.A. 21-6412; provided that entry upon private property shall only be accomplished with the assistance of a law enforcement officer. Such officer, agent or veterinarian may inspect, care for, or treat such animal or place such animal in the care of the City’s Animal Shelter or the other impoundment facility or licensed veterinarian for treatment, boarding or other care or, if an agent of the Chief of Police or such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane destruction.

(b)   The owner or keeper of an animal destroyed pursuant to subsection (A) shall not be entitled to recover damages for the destruction of such animal unless the owner proves that such destruction was unreasonable and unwarranted.

(c)   Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to subsection (A) pending prosecution of the owner or keeper of such animal for the crime of cruelty to animals as defined in section K.S.A. 21-6412 shall be assessed to the owner or keeper as a cost of the case if the owner or keeper is adjudicated guilty of such crime.

(d)   If a person is adjudicated guilty of a crime of cruelty to animals as defined in section K.S.A. 21-6412 and the court determines that such animal owned or possessed by such person would be in the future subject to any cruelty to animals, such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale, adoption or other disposition.

(e)   Unless the animal obtained pursuant to this section is the evidentiary subject of a pending prosecution, the owner or keeper of the animal shall have a maximum of twenty (20) days after the animal is taken into custody to obtain the animal from the veterinarian, the City dog shelter or other impoundment facility which has custody of the animal. The veterinarian or the City Police Department, shall notify the owner or keeper of the animal, if known or reasonably ascertainable, of the impoundment. The failure of the owner or keeper to obtain custody of the animal in the time provided shall provide the authority for the Municipal Judge to declare that the animal be disposed of by the veterinarian or the City Police Department, by adoption or destruction.

(f)   Any person convicted of the violation of any of the provisions of this section shall be subject to the penalty provisions of Article 4 as hereinafter set out.

(Ord. 2018-07; Code 2021)

It shall be unlawful to own any animal, including a dog or cat, in a residentially-zoned district, which by the nature of their maintenance or by the numbers of the same shall create an offensive odor so as to be objectionable to surrounding residences. All dogs and cats, in heat, shall be confined in a secure and sufficiently enclosed area. No person shall own on their premises five (5) or more dogs and cats, then (10) weeks in age or older, unless such premises is licensed as a commercial kennel. The enforcement, adjudication, and fine provisions of section 2-105A(f) shall apply to this section 2-106.

(Ord. 2018-07; Code 2021)

Any person convicted of the violation of any of the provisions of this article shall be subject to the Penalty provisions of Article 4 as hereinafter set out.

(Ord. 2018-07; Code 2021)