Skip to main content
Loading…
This section is included in your selections.

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) “Animal” means a live, vertebrate creature, domestic or wild, other than humans.

(b) “Amphibian” is an animal that moves in and out of water (i.e., frogs and toads, newts and salamanders).

(c) “Animal shelter” means any premises designated by City administrative authority for the purpose of impounding and caring for animals held under authority of this title, excluding wildlife, fowl and livestock.

(d) “At large” means when an animal is not on the property of its owner and not under the physical control of the owner by leash or other similar device (voice or remote control only will not be considered adequate control).

(e) “Attack” means any violent or aggressive physical action or contact.

(f) “Bird” is an animal that bears its young in a hard-shelled egg, is covered with feathers and has forelimbs modified into wings, scaly legs and a beak, as opposed to teeth. See also “Fowl.”

(g) “Cat” is an animal with soft fur, a short snout and retractile claws. A feral cat is a domesticated cat that has returned to the wild, or the offspring of such a cat. A feral cat is unsocialized to humans and has a temperament of extreme fear or resistance to contact with humans. An ear-tipped feral cat is a feral cat that exhibits a straight-line cutting of the tip of its left ear to indicate that it has been sterilized and vaccinated against rabies.

(h) “Dangerous dog” shall mean any of the following:

(1) Any dog with a known propensity or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals; or

(2) Any dog which, in a vicious or threatening manner, approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property other than on the property of the owner; or

(3) Any dog which, unprovoked, attacks or bites, or has attacked or bitten, a human being or domestic animal; or

(4) Any dog which was previously determined to be dangerous pursuant to the previous TMC 6.05.080 or the current TMC 6.15.170; or

(5) Any dog owned or harbored primarily for the purpose of dog fighting shall only be considered dangerous if the dog is evaluated and dangerousness is concluded by a licensed veterinarian or a dog trainer certified by the Certification Council for Professional Dog Trainers with experience in evaluating dogs seized in similar cruelty cases.

(6) Notwithstanding the definition of a “dangerous dog” above, no dog may be declared dangerous if any injury was sustained by a person under any of the following conditions:

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

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

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

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

(7) No dog may be declared dangerous if any injury was sustained by a domestic animal under any of the following conditions:

(i) The domestic animal provoked, teased or injured the dog;

(ii) The dog was protecting itself, its owner, its offspring or another human being; or

(iii) The dog injures or kills an animal trespassing on the property of the dog’s owner.

(8) Nothing in this chapter shall be deemed to regulate or prohibit the lawful maintenance and use of dogs by law enforcement agencies or include actions by a law enforcement dog while on duty or while performing duties.

(i) “Dog” is an animal with a long or short snout, an acute sense of smell and a barking, howling or whining voice. A wild dog is an undomesticated dog that is found in the wild (i.e., the African wild dog, the dingo, the hyena and the wolf).

(j) “Domestic animal” means one that is sufficiently tame to live with or near an individual owner or family, including, but not limited to, pets such as dogs, cats or miniature pot-belly pigs; or one that can be used to contribute to a family’s support, including, but not limited to, cattle, donkeys, goats, mules, poultry, sheep or swine. When something is domesticated, it is converted to domestic use, as in the case of a wild animal that is tamed. See also “Animal,” “Livestock” and “Pet.”

(k) “Exotic animal” means a living mammal or marsupial that is normally found in the wild state, but shall not include a farm animal (livestock).

(l) “Exposed to rabies” means an animal that has been bitten by, or subjected to danger, attack or harm by, any creature known to have been infected with rabies.

(m) “Ferret” is a small animal, belonging to the weasel family, which usually weighs less than five pounds.

(n) “Fish” is an animal that lives only in water and characteristically has fins, gills and a streamlined body (i.e., bony fishes, such as catfishes and tunas, and cartilaginous fishes, such as sharks and rays).

(o) “Fowl” is a group of animals consisting of waterfowl or wildfowl. “Poultry” is a term typically used when referring to domesticated birds or fowl (i.e., chicken, duck, goose or turkey) that are raised for meat, eggs or feathers. See also “Bird.”

(p) “Humane killing” means the painless administration of a lethal dose of an agent or method of euthanasia as prescribed in the Report of the American Veterinary Medical Association Panel on Euthanasia published in the Journal of the American Veterinary Medical Association, March 1, 2001 (or any successor version of that report), that causes the painless death of an animal. Animals must be handled prior to administration of the agent or method of euthanasia in a manner to avoid undue apprehension by the animal.

(q) “Humane society” means any animal shelter contracted with the City of Topeka that is licensed by the State of Kansas. See also “Animal shelter.”

(r) “Invertebrate” is an animal that does not have a backbone or spinal column.

(s) “Livestock” is a group of domesticated animals (i.e., cattle, donkeys, goats, horses, mules, poultry, sheep, swine and similar animals) that are raised in an agricultural setting to produce commodities such as food, fiber and labor. Livestock are often referred to as “useful animals,” which implies a commercial purpose of being reared for financial gain. See also “Domestic animal” and “Pet.”

(t) “Miniature pot-belly pig” is a breed of small pig originating in southeastern Asia and having a straight tail, potbelly, swayback and typically having a black, white, or black and white coat.

(u) “Neutered male” is a male animal that by operation has been made infertile to prevent conception or one that has been certified by a licensed veterinarian as being naturally infertile.

(v) “Owner” means any person of legal age who keeps, possesses or harbors any animal. A parent or legal guardian shall be deemed to be an owner of animals owned or maintained by children upon their premises.

(w) “Pet” means a tamed animal cared for by its owner and kept primarily for a person’s companionship and not as a food source. See also “Domestic animal” and “Livestock.”

(x) “Rabbit” is a rodent-like animal with soft fur, long ears, a divided upper lip and long hind legs, known for burrowing.

(y) “Reptile” is an animal with dry, scaly skin (i.e., lizards, snakes and turtles). Lizards have moderately elongated bodies, a tapering tail and two pairs of legs held outward from the body. Snakes are limbless and have elongated bodies; includes venomous and nonvenomous species. Turtles have trunks that are enclosed in a shell.

(z) “Restrained” means confined by building, fence, leash, harness or other appropriate means, or is accompanied by a competent person and under the person’s immediate control by leash or held in arms.

(aa) “Rodent” is a gnawing animal distinguished by strong, constantly growing incisors and no canine teeth (i.e., hamsters, mice, porcupines, rats and squirrels).

(bb) “Secure enclosure” means a six-sided structure, counting the top and bottom, secured to the sides or embedded in the ground two feet or more for purposes of preventing a dangerous dog, as defined in subsection (h) of this section, from digging out. The structure must be equipped with a gate or door that is secured with a padlock or combination lock for purposes of preventing escape and ensuring that such gate or door cannot be opened by anyone other than the owner, keeper, possessor or harborer of the animal.

(cc) “Spayed female” is a female animal that by operation has been made infertile to prevent conception; or one that has been certified by a licensed veterinarian as being naturally infertile.

(dd) “Supervision” means within visual and auditory range of the owner.

(ee) “Tether,” when used as a verb, means fastening an animal to a stationary object, pulley run line or stake. When used as a noun means a chain, leash, rope, cable, string, leather or nylon strap, or any other material used to fasten an animal to a stationary object, pulley run line or stake.

(ff) “Vertebrate” is an animal that has a backbone or spinal column such as amphibians, birds, cats, dogs, ferrets, fish, fowl, livestock, miniature pigs, rabbits, reptiles and rodents.

(gg) “Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals.

(hh) “Vicious” means a cross, ferocious or dangerous disposition; or a habit, tendency or disposition to snap, attack or bite any person, domestic animal or pet. (Ord. 20106 § 1, 12-19-17.)

Cross References:Definitions generally, TMC 1.10.020.

State Law References:Kennels, K.S.A. 47-1721.