For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)   Abandon - includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.

(b)   Animals - means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.

(c)   Animal Control Officer - means any person employed by, contracted with or appointed by the City for the purpose of aiding in the enforcement of this law, 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 public safety officer or other employee, whose duties in whole or in part include assignments which involve the seizure or taking into custody of any animal.

(d)   Animal Shelter - means the facility or facilities operated by the City or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.

(e)   At-Large - An animal shall be deemed to be at-large if off the premises of its owner and not under the immediate responsive control of a responsible person.

(f)   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, but not limited to, cornering or circling a person.

(g)   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.

(h)   Cat - means any member of the species felis catus, regardless of sex.

(i)    Dog - means any member of the species canis familiaris, regardless of sex.

(j)    Dog Park - means that portion of a public park or other tract of public property within which a           person who owns or is in control of a dog may, in compliance with the provisions of this chapter and subject to the rules and regulations as may be posted by the City from time to time, allow his or her dog to run at large.

(k)   Ear Tip – a straight line cutting off the tip of a feral cat’s left ear to indicate that it has been sterilized and vaccinated against rabies.

(l)    Euthanize - means the humane destruction of an animal, which includes, but is not limited to, the proper injection of a substance that quickly and painlessly terminates the life of an animal or by any of those methods provided in K.S.A. 47-1718.

(m)  Exotic Animal - means those animals not indigenous to North America and animals of any species, the majority of whose population is feral.

(n)   Feral Cat/Community Cat – a cat that is free roaming and has no apparent owner. Such cats exist in an untamed state, either due to birth or reversion to an untamed state from domestication, the temperament of feral cats range from extreme fear to resistance to physical contact with humans.

(o)   Feral Cat Colony – a group of free-roaming cats that congregate, more or less, together as a unit. Although not every cat in a colony may be feral, any non-feral cat that congregates with a colony is considered to be a part of it.

(p)   Feral Cat/Community Cat Caregiver – a person who is responsible for caring for feral cats by providing food, water, shelter, and other necessary care, or who otherwise cares for a colony of cats in a managed colony. Such caregivers also provide accommodations and assistance in the trapping and return of feral cats to their previous location as part of TNVR (trap/neuter/vaccinate/return) program. A feral/community cat caregiver cannot be considered an “owner” or “harborer” as defined in this section.

(q)   Fowl - means all animals that are included in the zoological class Aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas, and pigeons.

(r)    Harborer - means any person who shall allow any animals to habitually remain, lodge, or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls. Harborer does not apply to feral cat/community cat caregivers.

(s)   Humane Live Animal Trap - means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

(t)    Immediate Control - means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

(u)   Inhumane Treatment - means any treatment to any animal which deprives the animal of necessary sustenance, including food, water and protection from the weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating, or teasing or other abnormal treatment.

(v)   Kennel - means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, more than four dogs, four cats, or more than a combination of five dogs and cats.

(w)  Livestock - includes, but is not limited to cattle, horses, goats, sheep, or other animals commonly regarded or used as farm or ranch animals.

(x)   Neglect - means to mistreat through intent to abuse or reckless abandon of any animal in a manner that causes or is likely to cause stress or physical injury or as otherwise stated in this chapter.

(y)   Neutered - means any male or female cat or dog that has been permanently rendered sterile.

(z)   Own - means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

(aa) Owner - means the one who owns, or his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in the subsection above. A feral/community cat caregiver is not to be considered an owner.

(ab) Person(s) - means any individual, firm, association, joint stock company, syndicate, partnership, or corporation.

(ac) 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.

(ad) Shelter - means all pens, houses, or fenced enclosures, where animals are confined, such as, but not limited to, hutches, cotes, lofts, kennels, warrens, feed lots, barns, stables, or other buildings or enclosures.

(ae) Trap/Neuter/Vaccinate/Return (TNVR) – a program intended to control the reproduction of feral cats through sterilization and to vaccinate them against rabies.

(af)  Vaccination - means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.

(ag) Veterinarian - means a Doctor of Veterinary Medicine licensed by the State of Kansas.

(ah) Vicious Animals - means any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or any animal which attacks a human being or domestic animal without provocation; any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack any public safety officer while such officer is engaged in the performance of official duty.

(Ord. 1893, Sec. 1; Code 1991; Ord. 2225)

(a)   There is hereby created the position of animal control officer for the City and such officer shall be charged with the enforcement of this chapter. Any person employed by the City as an animal control officer and commissioned by the City Manager or their designee shall have such powers and authority as allowed by law in the enforcement of this chapter. All animal control officers shall be subject to the supervision and direction of the City Manager or their designee.

(b)   Except as provided in subsection, it shall be the duty of the animal control officer to take up and impound all animals found in the city in violation of the provisions of this chapter.

(c)   As an alternative to the provisions of this section, any public safety officer or the animal control officer may issue a citation to the owner, harborer or keeper of an animal in violation of this chapter, and the person receiving the citation shall appear in the municipal court of the City to answer the charged violation of this chapter.

(d)   It is unlawful for any person to:

(1)   Refuse to identify himself or herself and provide verification of his/her correct name, address, date of birth and any other information reasonably necessary to correctly identify such person when asked to do so by an animal control or public safety officer when the officer has probable cause to believe that this person has violated a section of this article.

(2)   Interfere with, molest, injure, or prevent the animal control or law enforcement officer in the lawful discharge of their duties.

(Code 1991; Ord. 2165; Ord. 2225)

When deemed necessary by public safety officers or the animal control officer for the health, safety, and welfare of the residents of Augusta, such officers and/or their agents may:

(a)   Place a humane trap on public property or a requesting resident’s property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city.

(b)   Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety.

(c)   Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in section 2-101(ab), or any animal creating a nuisance as defined in section 2-109, where such animal is impossible or impractical to catch, capture or tranquilize.

(Code 1991; Ord. 2225)

(a)   The animal control officer or any public safety officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this chapter.

(b)   It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties.

(Code 1991; Ord. 2225)

A municipal pound shall be established to carry out the provisions of this chapter. Such a pound may be operated by a contractor and all services required herein may be provided by a contractor. When so contracted, the pound shall have the following services and facilities as a minimum:

(a)   Ability to impound all stray and ownerless dogs and cats and animals otherwise in violation of the provisions of this chapter.

(b)   Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter.

(c)   Individual isolation facilities for sick, biting, rabid and suspected rabid animals.

(d)   Facilities for the humane destruction of animals.

(Code 1991; Ord. 2225)

(a)   It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an authorized officer of this city any animal taken up by him or her under the provisions of this chapter, or in any manner interfere with or hinder any authorized officer or employee of this City in catching, taking up, or impounding any animal.

(b)   It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed, or interfere in any way with the care of impounded animals.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

It shall be unlawful for the owner, lessee, occupant, or person in charge of any premises in Augusta to possess and maintain any animal or fowl within the city or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats or swine, or undomesticated animals are kept. This provision shall not apply to:

(a)   The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the City.

(b)   The maintaining of dogs which are regulated by Article 2 of this chapter;

(c)   The maintaining of non-poisonous and non-vicious animals and fowl which are commonly kept as household pets, such as cats, hamsters, rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with section 2-110 of this chapter;

(d)   The transporting of animals through the city by ordinary and customary means.

(Ord. 1469, Sec. 1; Code 1991; Ord. 2225)

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

(Code 1991; Ord. 2225)

It shall be unlawful for the owner of any animal to keep or maintain such animal in the city to constitute a nuisance. For this section, “nuisance” is defined as any animal which:

(a)   Molests or interferes with persons in the public right-of-way.

(b)   Damages public or private property other than that of its owner or harborer by its activities or with its excrement.

(c)   Scatters refuse that is bagged or otherwise contained.

(d)   Causes any condition which threatens or endangers the health or well-being of persons or other animals.

(e)   By loud, frequent or habitual barking, howling, yelping or other noise or action, that unreasonably disturbs any person or neighborhood within the corporate limits of the city. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition, and if he/she fails to do so, the City may abate it by taking up, impounding and/or disposing of the animal(s) at the expense of the owner.

If a summons is issued charging a violation of this section, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

(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 at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.

(c)   All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d)   All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.

(e)   All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized public safety officer, or public health official. If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.

(f)   Animal Enclosure Regulations. No person shall as owner, lessee, or occupant, maintain any pen or other enclosure where any animals are kept closer than 25 feet to the dwelling house of another, or shall permit the same to remain uncleaned to the annoyance of any citizen of Augusta.

(g)   Picketing – it shall be unlawful for any person to attach chains or other tethers, restraints, or implements directly to an animal without the proper use of a collar, harness, or other devices designed for that purpose and made from a material that prevents injury to an animal.

No owner or harborer shall:

(1)   Continuously tether an animal for more than an hour at a time without supervision.

(2)   Use a tether or any assembly or attachments to tether a pet that is not appropriate for the animal’s size and strength.

(3)   Tether an animal near stationary objects that may cause harm. An exception is an aerial run. An aerial run allows your dog maximum roaming space while also being humanely secured to minimize dangers (such as getting wrapped around trees) and the track is above the ground minimizing dangers.

(4)   Tether an animal without access to shade when sunlight is likely to cause over heating or appropriate shelter to provide insulation and protections against extreme conditions or to tether without securing the animals water supply.

(5)   Tether an animal in an unwholesome environment.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

Animal shelters owned or operated as a stockyard or commercial holding pen shall be adequately maintained and cleaned as often as is necessary, as determined by the health officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:

(a)   Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant, or by proper dispersal on land used for agricultural purposes.

(b)   Grain or protein feed shall be stored in tightly covered rodent-proof metal containers or rodent-proof bins.

(c)   Premises subject to the terms of this section shall be maintained free of rodent harborage.

(d)   Wherever reasonable, use shall be made of anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.

(e)   Wherever reasonable, use shall be made of soil sterilant and herbicides or other effective means for the control of weeds and grass around structures and buildings.

(f)   Enclosures including fences where animals such as horses, cows, sheep, and goats are maintained shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent such animals from breaking out or causing hazard to persons or property.

(g)   The solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a residential classification permit as herein provided shall be stored in metal containers, with tight- fitting metal lids, and all such stored or accumulated wastes shall be disposed of at least once each week.

(h)   Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms of this chapter shall be surfaced with concrete or asphaltic materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the health officer. The health officer shall waive this standard for domestic animal holding operations where such animal holding is longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses, or sheep.

(i)    Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a commercial, industrial or agricultural permit according to the terms of this chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the health officer; provided that all solid waste shall be properly disposed of at least once each week or as may be approved by the health officer.

(Code 1991; Ord. 2225)

(a)   All dead animals shall be disposed of by the owner or keepers within 24 hours of the animal’s death, by burial, incineration in a facility approved by the animal control officer, by rendering or by other lawful means approved by the animal control officer. No dead animal shall be dumped on any public or private property.

(b)   In the event the Animal Control Officer or a Public Safety Officer disposes of the animal, the City shall be reimbursed for all cost incurred in the process.

(K.S.A. 47-1201; Code 1991; Ord. 2225)

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

(b)   Complaint: Whenever a sworn complaint is filed in the municipal court against the owner of an animal alleging that such animal is vicious and in violation of this section, the municipal judge shall hold a hearing to determine whether the animal is vicious within the meaning of this section and thereby in violation of this section. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination, the municipal judge shall consider the following:

(1)   The seriousness of the attack or bite.

(2)   Past history of attacks or bites.

(3)   Likelihood of attacks or bites in the future.

(4)   The condition and circumstances under which the animal is kept or confined.

(5)   Other factors which may reasonably relate to the determination of whether or not the animal is vicious such as:

(A)  The person committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog;

(B)  The person was committing or attempting to commit a crime;

(C)  The person provoked, teased, or injured the dog; or

(D)  The dog was protecting itself, its owner, its offspring, or another human being.

(c)   Impoundment, muzzling and/or confinement of animal. The municipal judge shall order the impoundment, the muzzling in accordance with subsection (d) and/or the confinement of the animal accused of being in violation of this section in a manner and location that will ensure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the municipal judge may order the animal to be humanely euthanized.

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

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

(f)   Court Findings: If a complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section and has been found guilty, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter.

The municipal judge may, also upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be euthanized in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.

(g)   Any visiting animal is subject to the same regulations.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

(a)   It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in section 2-115.

(b)   The owner of any dog or cat impounded for running at large (with or without the tag as required by this chapter) shall be fined in any sum not less than $20.00 nor more than $100.00 for the first offense and any sum not less than $30.00 nor more than $200.00 for the second offense, and any sum not less than $40.00 nor more than $300.00 for any subsequent offenses.

(c)   Animals must be secured by a leash or electronic control collar, unless they are in a vehicle or within the property limits of the owner or harborer. If unconfined on the property, animals must be under control of a responsible person and must be obedient to that person’s voice commands; or the property should have adequate fencing or an electronic fencing system and operating components. If an electronic fence is utilized, the animal must be equipped with the necessary equipment required to keep the animal confined.

(d)   Feral/community cats are exempt from this section.

(Ord. 1893, Sec. 2; Code 2010; Ord. 2225)

(a)   The animal control officer or public safety officer shall impound any animal or fowl found at large in the city constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the City. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner of such impoundment as soon as reasonably possible.

(b)   The City shall be entitled to receive from such owner an impoundment fee plus the actual cost of feeding and maintaining the animal while impounded.

(c)   In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal control officer or public safety officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice on a social media platform and city website stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code.

(d)   The animal control officer shall submit a report each month to the governing body showing the number of animals impounded and disposed of, and the fees collected pursuant to this article and shall pay those fees to the City Clerk for credit to the general operating fund.

(Ord. 1893, Sec. 3; Code 2010; Ord. 2225)

At any time before the disposition of any animal impounded under the provisions of this article, except for animals impounded under sections 2-113 (vicious) and 2-127 (rabid), the owner thereof may redeem the animal by paying the impounding fee and all costs incurred as a result of such impoundment.

(Ord. 1893, Sec. 4; Code 2010; Ord. 2225)

(a)   Any public safety officer or animal control officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in the City pound, securely penned and separated from other animals, or in a veterinary hospital or animal care facility for a minimum period of 10 days during which time the animal control officer shall determine whether or not such animal is suffering from a disease and, if not, the animal control officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The animal control officer may authorize the keeping of any such animal on the owner’s premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner. If in the opinion of the animal control officer symptoms develop justifying a microscopic examination, then the animal shall be humanely euthanized, and examination made by the state board of health.

(b)   In lieu of the provisions of subsection (a), the owner of any such animal may, at his or her own expense, take such animal to any duly qualified and licensed veterinarian in the city for observation. Such veterinarian shall report his or her findings in writing to the animal control officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be turned over to the animal control officer or any public safety officer to be dispatched by a veterinarian and examination made by the state board of health.

(c)   Any animal desired for observation by the animal control officer under this section shall be delivered to the animal control officer or any public safety officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of this code. Upon refusal of any person to so deliver such animal, the municipal judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.

(Ord. 1893, Sec. 5; Code 2010; Ord. 2225)

Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten to report that fact to the Department of Public Safety. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:

(a)   The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and

(b)   If the bitten animal has a current vaccination, it shall be confined for a minimum of 10 days; and

(c)   The bitten animal shall be released from confinement only upon written order from a certified veterinarian, who declares the animal to be free of rabies; and

(d)   If the animal is found to have contracted rabies during confinement, it shall be humanely euthanized.

(Ord. 1893, Sec. 6; Code 2010; Ord. 2225)

Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the animal control officer or any public safety officer.

(Ord. 1893, Sec. 7; Code 2010; Ord. 2225)

The mayor is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent, to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any public safety officer, or the animal control officer of the City. The owner of such animal shall be prosecuted for such violation thereof.

(Ord. 1896, Sec. 1; Code 2010; Ord. 2225)

When advised by state or local health officials the mayor may deem it necessary for the protection and welfare of the inhabitants of the city, he/she shall issue an order requiring all dogs or cats kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such order shall be published in the official newspaper of the City for such period of time as the mayor may deem necessary.

(Ord. 1893, Sec. 9; Code 2010; Ord. 2225)

Any person maintaining or operating a kennel within the city must obtain a permit as herein provided. Written application shall be made to the City Clerk or his or her designated agent, which shall include name and address of applicant, description, sex and type of all animals kept or harbored on one premises for a period of longer than three months during the permit period. Permits will not be required for veterinary hospitals, animal clinics, grooming establishments, or public animal shelters.

(Ord. 1893, Sec. 10; Code 2010; Ord. 2225)

(a)   Permit period shall begin January 1 and end December 31 of the same year. Applications for permits may be made 30 days prior to and up to 60 days after the beginning of the permit period. Upon receipt of the permit application, the City Clerk shall direct the animal control officer to inspect the premises, enclosures and/or equipment of the applicant for compliance with provisions of this chapter and other applicable laws. Following approval by the animal control officer and payment of the applicable fee hereinafter set out, a permit shall be issued.

(b)   Annual Permit Fees:

(1)   Class 1 Kennel (authorized to house less than eight dogs or cats or combination of) - $20.00.

(2)   Class 2 Kennel (authorized to house eight or more dogs or cats or combination of) - $50.00.

(Ord. 1896, Sec. 2; Code 2010; Ord. 2225)

Any person(s) operating a kennel within the city shall comply with all other sections of this chapter, including but not limited to, animals at large; licensing requirements; and cruelty to animals. Provided, kennels may only be located in those areas as the zoning ordinances of the City allow kennels to be maintained.

(Ord. 1469, Sec. 1; Code 1991; Ord. 2225)

The City Clerk may revoke a permit or license if the person holding such permit or license refuses or fails to comply with this chapter or any law governing the protection and keeping of animals. Any person whose permit or license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept or harbored by such person and no part of the permit or license fee shall be refunded. No person who has been convicted of cruelty to animals shall be issued a kennel permit. Any person having been denied a permit may not re-apply for a period of 30 days. Each re-application shall be accompanied by a $5 fee.

(Code 1991; Ord. 2225)

The owner of every animal shall be responsible for the removal of any excreta deposited by his or her animal(s) on public rights-of-way, public property, or private property. The owner of any animal shall not allow animal waste to gather and remain on the premises of the owner in such quantities which create unsanitary conditions or objectionable odors.

(a)   It is unlawful for the owner or person in control of an animal to intentionally, knowingly, recklessly or with criminal negligence allow or permit such animal to defecate on any public property or improved private property other than that of the owner or person in control of the animal. The fact that the animal was at large at the time it defecated on any property shall constitute prima facia evidence that the owner or person in control of the animal allowed or permitted the animal to so act.

(b)   It is an exception to the application of this section that:

(1)   The owner or person in control of the animal immediately removed and cleaned up such animal’s feces from public or private property; or

(2)   That the owner or person in control of an animal has a physical disability or visual impairment and the animal is a service animal trained by an accredited institution to provide assistance to physically disabled and/or visually impaired persons.

(c)   Violation of this section shall be punishable by a fine of not less than $10.00, plus applicable court costs. The Municipal Judge shall have authority to order community service in lieu of a fine and/or costs and to suspend the fine and/or costs or any portion thereof.

(Code 1991; Ord. 2225)

It is unlawful for any person to fail, refuse or neglect to provide any animal in his or her charge or custody, or otherwise, with proper food, water, shade, adequate shelter, or veterinary care when needed to prevent suffering or grooming, when lack thereof would adversely affect the health of the animal, or with humane care and treatment.

(a)   To provide "adequate shelter" for a dog or cat the following standards must be met:

(1)   The shelter must provide protection from the weather, i.e., sun, wind, precipitation (in whatever form), or other inclement weather conditions.

(2)   If there are no artificial heat sources, the structure shall be small enough to allow the dog or cat to warm the interior of the structure and maintain its body heat, but large enough to permit normal postural adjustments, or standing.

(3)   Plastic air shipping containers and/or pet carriers shall not be used as outdoor shelters.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

(a)   Dogs may be allowed to run at large only in dog parks designated as such by the City.  Designation of dog parks shall be made by the City Council upon recommendation of the City Manager.

(b)   Conditions on use of dog park – suspension or revocation of dog park privileges. Any person using a dog park shall be:

(1)   Responsible for injuries and property damage caused by their dog to other persons and shall hold the City of Augusta harmless for any such damage; and

(2)   Deemed to have assumed all risk of loss or injury to themselves or their dog(s), resulting from activities within the dog park.

(c)   In addition to other penalties established for violations of this chapter, any person violating posted rules or regulations governing use of dog park(s) may be removed from the dog park and his or her privileges for future use thereof suspended or revoked.

(Code 1991; Ord. 2225)

Defined. For purposes of this article, cruelty to animals means:

(a)   Intentionally and maliciously killing, injuring, maiming, torturing, or mutilating any animal, or setting an animal upon another animal for the purpose causing physical harm to one (1) or more animals.

(b)   Having physical custody of any animal and failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal.

(c)   Intentionally or recklessly causing physical injury for the purpose of sport, contest, practice, or entertainment

(d)   Promote, stage, hold, manage, incite, or in any way conduct any game, exhibition, contest, or fight in which one (1) or more animals are engaged for the purpose of injuring or killing themselves or any other animal; or

(e)   Exceptions. The provisions of this section shall not apply to:

(1)   Normal or accepted veterinary practices.

(2)   The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or the agent of such owner, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of an incorporated humane society, the operator of an animal shelter or pound, local or state health officer or licensed veterinarian three (3) business days following the receipt of any such animal at such society, shelter or pound.

(Code 1991; Ord. 2225)

(a)   Any code enforcement officer, public health officer, animal control officer, law enforcement officer, licensed veterinarian or officer or agent of any incorporated humane society, animal shelter or other appropriate facility may take into custody any animal, upon either private or public property, upon probable cause of cruelty or neglect to animals. Such officer, agent or veterinarian may inspect, care for, or treat such animal or place such animal in the care of a duly incorporated shelter or licensed veterinarian for treatment, boarding or other care, or, if an officer of such humane society or such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane killing.

(b)   The owner, custodian or harborer of an animal killed pursuant to subsection (a) of this section shall not be entitled to recover damages for the killing of such animal unless the owner proves that such killing was 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, custodian or harborer of such animal for the violation of cruelty or neglect to animals, shall be assessed to the owner, custodian or harborer as a cost of the case if the owner, custodian or harborer is adjudicated guilty or pleads guilty or nolo contendere.

(d)   If the owner, custodian or harborer is found guilty by the court of committing cruelty or neglect to any animal, and the court having jurisdiction is satisfied that an animal owned or possessed by such person would be in the future subjected to such violation, 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 disposition.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

Defined. Inhumane treatment means any treatment to any animal which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances and which:

(a)   Deprives the animal of necessary sustenance, including but not limited to, a sufficient supply of food and fresh, potable water supplied in a sanitary manner and at reasonable intervals.

(b)   Deprives the animal of proper shelter.

(c)   Deprives the animal of exercise appropriate to the animal's species except for normal and customary husbandry practices; or

(d)   Causes the animal to be kept in an unsanitary condition or tethered in such a manner as to cause injury, strangulation, or entanglement of the animal.

(e)   Violation. It shall be a violation of this chapter for any person to treat any animal in an inhumane manner or to provide inhumane treatment to any animal.

(Code 2010; Ord. 2225)