CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. DOGS

For the purposes of the succeeding sections, the following meanings shall apply:

(a)   Owner - Any person owning, keeping, supplying food, shelter, or otherwise indicating ownership of a dog.

(b)   Dog - Any dog over six months of age.

(c)   Vicious Dog - Any dog that has without provocation, bitten any person or which habitually snarls or exhibits a propensity to attack a person.

(d)   General Public - All persons, adult or minor, not engaged in unlawful behavior.

(Ord. 789, Sec. 2-201)

Every owner of a dog within the limits of the city shall annually register the animal with the city clerk. The dog shall be registered within 10 days of its presence in the city, or not later than March 31, for dogs previously registered. The city clerk shall be furnished the name, description and current address of the dog’s location. The city clerk shall receive from the owner, a certificate of immunization for rabies from a licensed veterinarian showing that immunization will be effective for the year in which the dog is licensed.

(Ord. 789, Sec. 2-202)

Upon receipt of required information and proof of vaccination the city clerk shall receive from the registrant an annual fee for expenses and supervisory cost. There will be no proration of fees over the calendar year. Fees for the following categories shall be established by resolution:

(a)   Neutered or spayed dog over six months of age.

(b)   Unneutered or unspayed dog over six months of age.

The city clerk shall charge an additional $1.00 for each calendar month or part thereof during which the registration fee is delinquent. The city clerk shall record the information received from the applicant including immunization, which shall be a matter of public record. Upon completion of registration, a metallic tag for each year, with an identification number, shall be given the registrant to be placed on the dog’s collar.

(Ord. 789, Sec. 2-203; Code 2016)

The owner shall place around the neck of the registered dog by a collar or halter, a metallic tag issued by the city clerk and it shall be the responsibility of the owner to insure that the tag be constantly worn by the dog. In the event such tag becomes lost, the owner shall be required to obtain a duplicate from the city clerk upon payment of the sum of $0.25

(Ord. 789, Sec. 2-204)

It shall be unlawful for the owner of any dog kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog within two years, when requested by the animal control officer or any law enforcement officer.

(Code 2016)

The provisions of this article with respect to registration shall not apply to any dog owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dogs shall be kept under restraint by the owner thereof at all times.

(Code 2016)

It shall be unlawful for an owner to fail to register a dog kept within the city limits in violation of section 2-202.

(Ord. 789, Sec. 2-205)

It shall be unlawful for the owner to fail to attach and maintain city dog registration tags upon his or her dog.

(Ord. 789, Sec. 2-206)

 It shall be unlawful for the owner of a dog to permit the animal to leave the owner’s premises within the city, except that the dog be controlled by a leash or other physical confinement.

(Ord. 789, Sec. 2-207)

It shall be unlawful for the owner of a dog to permit such animal, after a notice by the city police of a prior disturbance, to disturb the peace and quiet of others within the city limits.

(Ord. 789, Sec. 2-208)

It shall be unlawful for any owner of a dog to permit it to remain unconfined in the owner’s place of business at times of access by the general public.

(Ord. 789, Sec. 2-209)

It shall be unlawful for any owner of any dog of the age of six months or older, or any cat of the age of four months or older to fail to vaccinate the animal for rabies by a licensed veterinarian and to keep the animal immunized.

(Ord. 789, Sec. 2-210)

Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisances, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

(Code 2016)

 (a)  It shall be unlawful for an owner to permit a vicious dog to remain unmuzzled and without restraint, during times that the dog has access to the general public, whether or not the dog is on the owner’s premises.

(b)   Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs 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. 789, Sec. 2-211; Code 2016)

It shall be unlawful for an owner to permit a vicious dog to remain unmuzzled and without restraint, during times that the dog has access to the general public, whether or not the dog is on the owner’s premises.

(Ord. 789, Sec. 2-211)

(a)   If any dog shall bite a person and upon report of same to the city police, an officer shall investigate the same and may impound the animal in a suitable facility or veterinarian hospital for a period of time determined by a licensed veterinarian to ascertain if such animal is suffering from diseases which would endanger the person bitten. For such purposes, the officer may enter upon private property to impound the animal. Upon investigation and proof furnished, the officer may permit the owner to confine the animal upon his or her premises; but in any event, the animal may not be destroyed for the period of 10 days from the reported bite.

(b)   The owner of the animal shall be responsible for all reasonable charges for boarding, care and diagnosis of the animal by a licensed veterinarian designated by the city for such services.

(Ord. 789, Sec. 2-212)

The city police are directed to impound all dogs found to be running at large within the city limits and may place the animal in city facilities or within veterinarian facilities. The owner shall be required to pay all costs incurred by such impoundment at the time the animal is released to him or her. Costs shall be based upon expenses incurred for maintenance of the animal, plus a city impound fee as hereinafter provided. If within three full days, excluding Saturday and Sunday, the owner does not appear to claim the dog and pay costs for care and maintenance, it may be sold, euthanized, or otherwise disposed of.

(Ord. 789, Sec. 2-213)

Before a dog is released from impound, the fees, as set forth by separate resolution, must be paid to the city clerk.

(Ord. 789, Sec. 2-214; Code 2016)

(a)   If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-217 thereof, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year.

(b)   No dog may be transferred to the permanent custody of a prospective owner unless:

(1)   Such dog has been surgically spayed or neutered before the physical transfer of the dog occurs; or

(2)   The prospective owner signs an agreement to have the dog spayed or neutered and deposits with the city not less than the lowest nor more than the highest cost of spaying or neutering in the community as determined by the city. Any funds deposited pursuant to such an agreement shall be refunded to such person upon presentation of a written statement signed by a licensed veterinarian that the dog has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the dog, the city shall keep the deposit and may reclaim the unspayed or unneutered dog.

(c)   Nothing in this section shall be construed to require sterilization of a dog which is being held by the city and which may be claimed by its rightful owner within the holding period established in section 2-207.

(Code 2016)

 All money received by the city clerk under the provisions of this article shall be forthwith paid to the city treasurer, and shall become a part of the general fund.

(Ord. 789, Sec. 2-215)

The maximum number of dogs, six months of age and older, that may be kept in a household within the city limits is limited to three. If more than three dogs are kept in one household, the owner must acquire a kennel license and must comply with requirements as set forth by the Kansas State Board of Health. Kennel licenses may be issued only in areas that are zoned other than any residential zoning or central business district. The fee for issuance of a kennel license within the city limits of the city shall be $50.00.

(Ord. 789, Sec. 2-216)