CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 2. Dogs

(a)   Every owner of any dog over two months of age shall register with the city clerk his and her name and address with the name, sex and description of each dog owned and kept within the city and shall register the dog each year thereafter. It shall be unlawful for the owner of any such dog to fail to maintain current registration of such dog.

(b)   The owner of any dog four months of age or older shall present a current, completed certificate of immunization against rabies. Registration shall be void without evidence of this document, and it shall be unlawful for the owner of any dog described in (a) above to fail to maintain effective rabies immunization of such dog.

(c)   The city clerk shall collect an annual registration fee of $2 for each dog.

(d)   The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before March 1st of each year without penalty.

Every owner or harborer of dog or dogs who shall fail to register the same prior to the 1st day of March of each year shall pay in addition to the registration fee hereinabove provided a penalty fee for late registration of $10. There shall be a registration grace period of 30 days given to new residents and newly acquired dogs.

(Ord. 736, Sec. 1; Code 2003)

It shall be the duty of the city clerk or designated agent, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs, the time of registration, the name of the owner or keeper, the number of the registration and the amount paid therefore, and shall also present to the owner or keeper of the dog a tag with the registration number and the registration year thereon, which shall be, by the owner or keeper, attached to the collar to be used on the dog so registered. When it shall be made to appear to the city clerk that any tag has become lost, he or she shall, upon presentation of the certificate, issue a duplicate of such tag upon the payment of a $1 fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.

(Ord. 736; Code 2003)

It shall be unlawful for any person to place on any dog a tag issued for any other dog, or to make or use any false, forged or counterfeited tag or imitation thereof.

(Code 1967, 2-204; Code 2003)

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.

(Ord. 490, Sec. 2-202; Code 1986)

(a)   It shall be unlawful for the owner/keeper of any dog to permit such dog to run at large within the city at any time.

(b)   Any dog running at large within the city shall be impounded as set out in section 2-206.

c)    The owner of any dog impounded for running at large shall pay all costs and charges incurred by the city for impounding and maintenance of the dog.

(d)   Violation of this section is punishable by a minimum mandatory fine of sixty dollars ($60).

(e)   On a second conviction of this section within a twelve (12) month period from the first conviction, a minimum mandatory fine of eighty dollars ($80) shall be imposed.

(f)   On a third or subsequent conviction of this section within a twenty-four (24) month period from the first conviction, a person shall be deemed to be a habitual violator, and a minimum mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), shall be imposed.

(g)   In addition to the minimum mandatory fines required by this section, the municipal judge may impose any term of imprisonment authorized by section 1-116.

(Code 1967, 2-205; Ord. 473; Code 2003; Ord. 843; Ord. 866; Code 2018)

Any dog found in violation of the provisions of this article shall be subject to impoundment by the city. A record of all dogs impounded shall be kept by the city containing the following information: color, sex, identifying marks, registration number (if any) and the date of impoundment.

(a)   The animal control officer shall attempt to notify the owner of the impounded dog if there is a current registration tag attached to its collar. If, at the end of three days the animal control officer has been unable to locate the owner, or the owner, upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.

(b)   If the dog impounded has no current registration tag, it shall be kept for three business days not to include the day of impoundment or destruction. If within that time the owner does not appear to claim the dog it may be sold, euthanized or otherwise disposed of.

(c)   If within the impounding period, the owner of an impounded dog does appear and redeem the dog, it shall be turned over to the person claiming it upon payment of the actual costs of impoundment, and upon compliance with the registration provisions of this article.

(d)   Any dog impounded may not be released without proof of current rabies vaccination, or prepaid receipt of rabies vaccination from a licensed veterinarian. The owner must also be required to provide proof of city registration and tags, and must bring adequate collar and leash before being released.

(e)   Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this article for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced hereunder.

(f)   The charge for the first day of impoundment of any dog pursuant to any provisions of Article 2 shall be $25 for the first day if impoundment and $15 for each day thereafter.

(Ord. 674, Sec. 2; Code 2003)

(a)   No person or household shall own or harbor more than three (3) dogs of six (6) months of age or older or engage in the commercial business of breeding, buying selling, trading, training, or boarding dogs without having obtained a kennel license from the city clerk.

(b)   Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been issued by the animal control officer certifying approval of the kennel and compliance with the applicable laws of the city and the State of Kansas, and a certificate by the zoning code enforcement officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the city clerk has not received any protest against the kennel, the city clerk may issue a renewal of an existing kennel license at the same location without any report from the animal control officer and zoning code enforcement officer. If the animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the city clerk, and the license shall not be renewed except after a public hearing before the governing body.

(c)   The animal control officer, the zoning enforcement officer, or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.

(d)   The governing body may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following:

(1)   The kennel is maintained in violation of any applicable law of the State of Kansas, or of the city.

(2)   The kennel is maintained so as to be a public nuisance.

(3)   The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(e)   The annual kennel license fee shall be $25. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this article.

(f)   This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.

(g)   In addition to any fine allowed by Section 1-116 for a conviction of section 2-207(a), the municipal judge shall order the relinquishment of ownership to the city and impoundment of all dogs in excess of the number allowed by section 2-207(a), subject to disposition as deemed appropriate by the city.

(Ord. 404, Sec. 2-213; Code 1986; Ord. 866; Code 2018)

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 the rate established from time to time by the animal shelter for routine confinement.

(Code 1986)

Service dogs shall, by reason of circumstances and training of such dogs, be exempt from this article, except that portion requiring rabies inoculation and section 2-401. Upon presentation of a current rabies certificate, owners of service dogs shall be presented a license tag free of charge. Service dogs shall not be impounded and every effort shall be made to return a service dog to the custody of its owner as promptly as possible.

(Ord. 490, Sec. 2-202; Code 1986; Ord. 866; Code 2018)