8.02.020 Definitions.
For the purposes of this title, the following terms, phrases, words and their derivations shall have the meaning given in this section:
“Abandon” means leaving a domestic animal within Olathe City limits without attempting to reclaim it or take responsibility for costs incurred. This includes failure to reclaim an animal from a veterinarian’s office or animal hospital within the City limits of Olathe, and failure to reclaim an animal from the Shelter. (See 8.08.060 for time limits).
“Animal” means any live, vertebrate creature, domestic or wild, other than humans.
“Animal control officer” is a duly authorized person employed by the City who is charged with the duties of enforcing this title and who is educated in the care, seizure, custody and confinement of animals.
“Animal Shelter” means any premises designated by the City for the purpose of impounding and caring for animals held under the authority of this ordinance.
“At Large” means an animal running at will, acting on its own initiative and not secured by a leash or lead, unless the animal shall be on the premises of the owner and under control of a responsible person and obedient to that person’s command.
“Bite” is any contact between an animal’s mouth and teeth and the skin of a bite victim which causes visible trauma and bleeding, such as a puncture wound, laceration, abrasion, or other piercing of the skin.
“Cat” means any member of the animal species, Felis Catus.
“Control” or “controlled” means that an animal is held by a person with the physical capacity to stop the animal from chasing people or other animals on a leash not more than eight (8) feet in length; is under voice control in the presence of a competent person; is on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer or upon the premises of another person with the consent of that person.
“Dangerous Animal” means and includes any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters.
“Dangerous Dog” means a dog which:
(1) Has attacked or bitten a human being or domestic animal on public or private property;
(2) Has chased or approached a person, including a person on a conveyance, upon the streets, sidewalks, or any public or private property, in an apparent attitude of attack; or
(3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.
No dog may be declared dangerous if any injury or damage is sustained by a person who at the time such injury or damage was sustained, was committing, or attempting to commit, a willful trespass or other unlawful activity upon premises occupied by the owner or harborer of the dog, or was physically abusing or assaulting the dog.
No dog may be declared dangerous if any injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, was attacking or assaulting the dog.
No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
“Dog” means any member of the animal species Canis Familiaris.
“Domestic Animal” includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.
“Enclosure” means an escape-proof structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous or vicious dog in conjunction with other measures which may be taken by the owner or harborer. Such enclosure shall have secured sides and a secured top, shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than two (2) feet deep.
“Euthanasia” means the humane intravenous anesthetic destruction of an animal by a veterinarian or Animal Control Officer certified in humane euthanasia accomplished by a method which produces instantaneous unconsciousness and immediate death without visible evidence of pain or distress.
“Harborer” is any person who provides food and shelter or otherwise accepts any responsibility for the care or control of a domesticated animal.
“Impound” means to seize summarily, confine, or restrain in custody.
“Inoculation, vaccination, or vaccination for rabies” means the inoculation of an animal with a vaccine approved by the State of Kansas for use in the prevention of rabies, by a licensed veterinarian.
“Kennel” means the house, store, yard, enclosure or place where five or more animals are harbored or kept for temporary boarding purposes or for showing or selling; provided, however, this definition shall not apply to animal shelters or to animal hospitals operated by veterinarians duly licensed under the laws of the State for treatment or boarding.
“Large Animal” means any swine, dairy cows, beef cattle, goats, sheep and other large domestic animal of similar size.
“Licensed Animal” is an animal licensed in compliance with this ordinance.
“License Tag” is a permanent metal tag evidencing a licensed animal. It is issued by the City with the purchase of the animal’s first license and renewed in accordance with Section 8.06.080 thereafter.
“Neglect” means failing to provide an animal with: adequate care; adequate food; adequate water; adequate health care; adequate shelter, adequate shelter should be clean, dry, and compatible with the condition, age and species; and/or adequate daily exercise, adequate daily exercise requires that an owner or harborer must offer some freedom from continuous chaining, stabling and tethering. Neglect shall also mean failing to keep the area where animals are kept free from unsanitary conditions and vermin-harboring debris.
“Non-domesticated Animal” shall means any animal not kept as a pet or livestock.
“Own” means and includes own, keep, harbor, or have charge, custody or control of an animal.
“Owner” means any person or persons, firm, association, partnership or corporation owning, keeping or harboring an animal. A parent or legal guardian shall be deemed to be an owner of animals owned or maintained by children upon their premises.
“Person” means any individual, firm, corporation, association or partnership.
“Police Canine” means any dog actively in use for law enforcement purposes. Police canines are exempt from this title.
“Scratch” means any contact between an animal’s claws and the skin of a scratch victim which causes visible trauma, such as a puncture wound, laceration or abrasion, bruise or other piercing of the skin.
“Small Animal” means any animal except swine, dairy cows, beef cattle, goats, sheep, or other large domestic animals of similar size.
“Trap” means any mechanical device or snare which seeks to hold, capture or kill an animal.
“Trapping” means the setting or laying or otherwise using a trap. “Veterinary Hospital” means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injury of animals.
“Vicious Dog” means a dog which has:
(1) Inflicted substantial bodily harm on a human being on public or private property;
(2) Killed a domestic animal without provocation while off the owner’s or harborer’s property; or
(3) Been found to be dangerous and after the owner or harborer has notice that the dog is dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals.
No dog may be declared vicious if any injury or damage is sustained by a person who at the time such injury or damage was sustained, was committing, or attempting to commit, a willful trespass or other unlawful activity upon premises occupied by the owner or harborer of the dog, or was physically abusing or assaulting the dog.
No dog may be declared vicious if any injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, was attacking or assaulting the dog.
No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
“Voice Control” means that an animal;
(1) Is physically capable of hearing normal commands;
(2) Is at the time under consideration, within reasonable proximity to the controller so that shouting or excessively loud commands are not necessary;
(3) Has been adequately trained in obedience so as to be capable of understanding control commands; and
(4) Either continually demonstrates, or is able to demonstrate on demand, response to a command that will cause the animal to immediately come into close proximity to the controller and cease any kind of aggressive behavior or action that would be offensive to other persons or animals.
“Work Dog” is any member of the animal species Canis Familiaris trained for and actively engaged in rescue, war work, or as a guide for the blind or deaf, or certified service dog. (Ord. 16-52 § 1, 2016; Ord. 10-31 § 1, 2010; Ord. 05-131 § 1, 2005; Ord. 97-118 § 1, 1997; Ord. 88-120 § 1, 1988; Ord. 87-173 § 1, 1987.)