ARTICLE 4. ANIMALS AT LARGE

2-401. Animals at large: defined and prohibited.

It shall be unlawful for any person who shall own, keep or harbor any animals, whether licensed or unlicensed, to permit the same to run at large within the City; provided that any animal within the city not confined to a vehicle or automobile or to the lead of its master or owner, or kept on the premises of its master or owner shall be considered, for the purpose of this chapter to be running at large.

(Ord. 165, Sec. 1; Ord. 1255, Sec. 11)

2-402. Impounding.

It shall be the duty of every City law enforcement officer or any animal control officer or pound master employed by the City to apprehend any animal found running at large in violation of Section 2-401 of this article and to:

(a)   Impound such animal in a place provided by the City, or;

(b)   If the owner, keeper or harborer of the animal can be determined, a warning or citation may be issued in lieu of such impoundment.

(Ord. 165, Sec. 2; Ord. 1255, Sec. 12)

2-403. Impounding notice.

When any animal is impounded pursuant to Section 2-402 hereof the City law enforcement officer, or some other person who may be designated by the Mayor, shall cause notice to be given by mail or by telephone to the owner of said animal if the same can be ascertained and at the time of such impoundment a description of all animals; whose owner cannot be ascertained, shall be publicly posted in the City Hall for the information of any person interested in such animal so impounded, provided, however, that failure to ascertain the ownership or to  notify the owner of any such animals shall not constitute a violation of any of the procedures with respect to the disposal of any unclaimed dogs.

(Ord. 165, Sec. 3; Ord. 1255, Sec. 13)

2-404. Redeeming impounded animals

(a)   In the event that the owner of any animal impounded under the aforesaid Section 2-402, shall appear at the City Hall, or at any other place that may be designated by the Mayor, within seventy-two (72) hours after said animal shall be impounded, the owner shall be entitled to redeem such animal upon the payment of the sum of Twenty Five Dollars ($25.00) and the cost of the care and maintenance of said animal or animals (which cost is hereby determined to be ten dollars ($10.00) per day for each day or portion of a day of impoundment) and shall pay the license registration (as provided for in Article 3 of this Chapter, if applicable) of such animals if such  animal is unlicensed and is required to be licensed, provided, however, that Saturdays, Sundays, and legal holidays shall not be considered in computing the seventy-two (72) hour period of impoundment as aforesaid. 

(b)   Any fee imposed under Chapter 2, Article 4, of the Andover City Code can be waived in part or in total, by majority decision of the City Council.

(Ord. 684; Ord. 1255, Sec. 14)

2-405. Disposal of unclaimed animals.

After the expiration of the seventy-two (72) hours provided in the above Section 2-404, a law enforcement officer or any other person designated by the Mayor, is hereby empowered to dispose of any unclaimed animals by sale, destruction, or by delivery to a licensed veterinarian facility or humane society recognized by the laws of the State of Kansas.  In the event of sale, the price of any dog shall be Five Dollars ($5.00) plus any costs of care and maintenance, fixed above, shall be paid and such dog shall be immunized for rabies at the expense of the purchaser.  In the event that any animal to be purchased shall be by a person residing within the City limits of Andover, then the additional charge for a license shall also be paid, with a license issued.

(Ord. 684; Ord. 1255, Sec. 15)

2-406. Confinement of certain dogs.

All dogs of fierce, dangerous or vicious propensities, and any female dog in heat, whether licensed or unlicensed, shall not be allowed to run at large at anytime and any such dog found running at large be impounded pursuant to Section 2-402 of this article and may be redeemed pursuant to Section 2-404 of this article or may be disposed of pursuant to Section 2-405 of this article.

(Ord. 165, Sec. 6)

2-407. Monies received.

That any monies be received by the City under the terms of this article shall be kept in a General Fund.

(Ord. 165, Sec. 7)

2-408. Penalty.

Any person who owns, harbors, or keeps an animal or animals which are allowed to run at large in violation of Section 2-401 of this article shall be deemed guilty of a misdemeanor and assessed or levied a fine of not less than $25.00 nor more than $100.00.

(Ord. 193, Sec. 1; Ord. 1255, Sec. 16)

2-409. Disturbances by pets.

It shall be unlawful for any person within the City of Andover, Kansas, to keep, own, or harbor any pet of whatsoever kind, which barks, whines, howls, or which causes other disturbing noises in a continuous or unreasonable fashion.

(a)   Upon written complaint of the above section filed with the City, the Chief of Police is hereby directed to give written notice of such complaint to the owner of the pet in question and order that such nuisance be abated within five days from the date of said written notification.

(b)   That subsequent to the five day period specified in Section “a” herein, any person in violation of this ordinance shall be deemed guilty of a misdemeanor which shall be punishable by a fine of up to $200.00 and/or imprisonment for up to ten (10) days in the county jail. 

(Ord. 391, Sec. 1, 2, 3)