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

(a)   Every owner or harborer of any dog over six months of age shall register , within ten (10)  days  of acquisition of such dog , his or her name and address with the name , breed, color , sex and description of each dog so owned , with the city clerk .

(b)   Upon registration, the owner or harborer shall present a current, completed certificate of immunization against rabies.  No registration shall follow without evidence of this document.

(c)   The owner or harborer of any dog shall, at the time of applying for a license, present to the city clerk a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog has been neutered or spayed.

(d)   The city clerk shall collect an annual tax of Three Dollars ($3.00) for each male or female dog and Two Dollars ($2.00) for each neutered male dog or each spayed female dog.

(e)   The license 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 any dog who shall fail to register and license the same prior to the 1st day of March of each licensing year shall pay, in addition to the license fee set forth in (d) herein, a penalty fee for late registration of Ten Dollars ($10.00), unless the dog was not owned or harbored in the city prior to March 1st.

(f)   It shall be unlawful for any owner or harborer of any dog to fail to register and pay the tax required by this section. Any person convicted of a violation of this section shall pay a fine of One Hundred Dollars ($100.00).

(Code 2008; Ord. 2009-02; Ord. 2011-01; Ord. 2013-01)

It shall be the duty of the city clerk or designated agent, upon receipt of the license tax hereinbefore required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the owner or harborer , the number of the registration and the amount paid therefore, and shall deliver to the owner or harborer of the dog a certificate in writing, stating that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the owner or harborer of the dog a tag with the registration number and the licensed year thereon, which shall be by the owner or harborer 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 Fifty Cent ($0.50) fee. It shall be unlawful for any person to take off or remove the city license tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.

(Code 2008; Ord. 2013-01)

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. 155, Sec. 7; Code 1985)

(a)   It shall be unlawful for the owner or harborer 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 may be impounded as set out in section 2-205.

(c)   Any person convicted of violating this section shall pay a fine of not less than Fifty Dollars ($50.00) or more than Two Hundred Dollars ($200.00). In addition, the person shall pay all impounding fees imposed by section 2-205. Any dog impounded under this section, without proof of vaccination and registration as required by section 2-201, shall not be released until compliance with section 2-201.

(Code 2008; Ord. 2009-03, Sec. 1)

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

(a)   If a dog impounded has a current registration tag attached to its collar, the owner or harborer of such dog, as shown by the records of the city clerk, shall be notified in writing as soon as possible.  If, at the end of five (5) days, the city clerk has been unable to locate the owner or  harborer, or the owner or harborer, upon having been located, refuses to claim or redeem the dog, then the dog may be sold , euthanized or otherwise disposed of.

(b)   If a dog impounded has no current registration tag, the dog or an impounded cat shall be kept for three (3) business days. If within that time the owner or harborer does not appear to claim the dog or cat, it may be sold, euthanized or otherwise disposed of.

(c)   If within the impounding period, the owner or harborer of an impounded dog or cat does appear and redeem the dog or cat , it shall be turned over to the person claiming it upon payment of the impounding fees, and upon compliance with the registration provisions of this article pertaining to dogs .

(d)   Impounding fees shall be as follows:

(1)   Twenty-five Dollars ($25.00) for the first day;

(2)   Five Dollars ($5.00) per day after the first day.

(e)   Any dog or cat impounded may not be released without a current rabies vaccination or a prepaid rabies vaccination receipt by a licensed veterinarian.

(f)   Anyone desiring to adopt a dog from the pound must first prepay for spaying or neutering of the dog, a rabies vaccination by a licensed veterinarian, and must purchase a dog tag as required by section 2-202.

(g)   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.

(Code 2008; Ord. 2013-01)

(a)   No person or household shall be allowed to operate a kennel within the corporate limits of the city without first obtaining a license from the Kansas Animal Health Department. After receiving a kennel license from the Kansas Animal Health Department, each person or household shall file for permit on forms provided by the city, to operate such kennel and pay a fee of $100.00. The permit and fee shall be due annually in January. Kennels shall only be allowed in permitted zoned areas.

(b)   Hobby breeders, animal breeders or retail breeders. No person or household shall be allowed to operate as a hobby breeder, animal breeder or retail breeder within the corporate limits of the city without first obtaining a license from the Kansas Animal Health Department. After receiving a Hobby Breeder, Animal Breeders or Retail Breeder license from the Kansas Animal Health Department, each person or household shall file for a permit on forms provided by the city, to operate as a Hobby Breeder, Animal Breeder or Retail Breeder and pay a fee of $100.00. The permit and fee shall be due annually in January. Hobby Breeder, Animal Breeder or Retail Breeders shall only be allowed in permitted zoned areas.

(Ord. 2000-4, Sec. 1; Code 2008)

Any unspayed female animal 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 animal or animals 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 nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter or pound. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter or pound shall be charged at the rate established from time to time by the animal shelter or pound for routine confinement. Failure to comply with the order of the animal control officer shall be a violation of this article, and the animal will then be impounded pursuant this chapter.

(Ord. 2000-4, Sec. 1; Code 2008)

Special need dogs used by handicapped persons or persons with special needs by reason of circumstances and training of such dogs, are exempt from this article, except that portion requiring rabies inoculation. Such special needs or handicapped persons upon presentation of a current rabies certificate, as set forth in section 2-201 shall be presented a license tag except there shall be no charge. Such special needs dog shall not be impounded and every effort shall be made to return the dog to the custody of its owner as promptly as possible.

(Ord. 2000-4, Sec. 1; Code 2008)

(a)   It shall be unlawful within the city for any person to possess, keep or harbor, or allow to be possessed, kept or harbored, in or at a single family residence or individual unit in a multi-family residence, or any other structure or residence, regardless of ownership of the animals, a combination of no more than three dogs and no more than three cats, with the exception that a litter of pups or a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth. Any person who lawfully owned more than three dogs and more than three cats, prior to June 1, 2008, may retain their animals; provided, however, that if for any reason an animal is lost, sold, given away or dies, and there still remains a combination of more than three dogs and more than three cats, there can be no replacement of the lost, sold, given or deceased animal. This section shall not apply to premises which have been licensed as a kennel under section 2-206.

(b)   A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Each dog or cat kept in excess of the limits set forth in this section shall be deemed to be a separate offense. In addition to any fine which might be imposed, the court may also order the immediate impoundment and destruction of each and every dog or cat being kept in excess of this section and, thereafter, proceed to destroy each animal kept in violation of this section.

(Code 2008)

An owner or person having custody of any dog, cat, or other animal, shall not permit such animal to defecate on any school ground, public street, alley, sidewalk, tree bark, park or any public grounds or any private property within the city, other than the premises of the owner or the person having custody of such animal, unless such defecation is removed immediately.

(Code 2008)