CHAPTER IV. CIVIL OFFENSESCHAPTER IV. CIVIL OFFENSES\Article 2. Dogs

The owner of any dog over six (6) months of age shall register under the name of the owner the name, sex, and description of each dog so owned with the City Clerk.

Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No dog shall be registered without evidence of this document.

The owner 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.

The City Clerk shall collect an annual registration fee of two dollars ($2.00) for each neutered male dog or spayed female dog, and five dollars ($5.00) for each unneutered male dog or unspayed female dog, without regard to the time of ownership or acquisition of such dog. The registration year shall be from January 1 through December 31 of each year. The fee shall be due on January 1 and payable before March 1 of each year without penalty. Every owner of a dog who shall fail to register and license the same prior to March 1 of each licensing year or within thirty (30) days of the acquisition of a dog, whichever is later, shall pay in addition to the license fee hereinabove provided a penalty fee for late registration of two dollars ($2.00).

(Ord. 2547)

It shall be the duty of the City Clerk or designated agent, upon receipt of the registration fee, to keep a suitable record of the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefor. The City Clerk shall deliver to the owner or keeper of a 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 keeper of the dog a tag with the registration number and the licensed year thereon, which shall be attached to the collar to be used on the dog so registered by the owner or keeper . Whenever the City Clerk is notified that any tag has been lost, upon presentation of the certificate, a duplicate of such tag shall be issued. It shall be unlawful for any person to remove the city license tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.

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

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.

(Ord. 2172)

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 color, sex, weight, height, identifying marks, registration number, if any, and the date of impoundment.

(Ord. 832)

If the dog impounded has a current registration tag attached to its collar, the owner of such dog, as shown by the records of the Public Safety Director shall be notified in writing as soon as possible. If at the end of five (5) days, the Public Safety Director 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.

(Ord. 2900)

If during the impoundment period, the owner of an impounded dog claims the dog, it shall be released to the person claiming it upon payment of the actual costs of impoundment, and upon compliance with the registration and vaccination provisions of this article. Release from impoundment and the payment of impoundment fees shall not preclude the Municipal Court from imposing any fine which might otherwise be levied under this article for violation of any of the provisions thereof.

No person or household shall own or harbor more than four (4) dogs of six (6) months of age or older or more than one (1) litter of pups, or more than four (4) cats of more than six (6) months of age or more than one (1) litter of kittens or more than a total of five (5) dogs and cats more than six (6) months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training, or boarding cats or dogs or both cats and dogs without having obtained a kennel license from the City Clerk. 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.

Kennel licenses must be renewed annually. The annual kennel license fee shall be twenty-five dollars ($25.00). Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this article. No kennel license shall be issued until an inspection certificate has been given by the Animal Control Officer certifying approval of the kennel and compliance with the applicable laws of the city and State of Kansas, and a certificate by the Zoning Administrator 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 a 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 Administrator. If the Animal Control Officer or the Zoning Administrator 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 City Commission.

The Zoning Administrator or City Health Officer shall have the right to inspect any premises licensed under this section at any 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.

The Governing Body may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following:

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

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

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

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 the purpose 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 neighborhood nuisances, shall be removed to a boarding kennel, veterinary hospital, or 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. 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.

Any person violating or permitting the violation of any provision of this article shall upon conviction in Municipal Court be fined a sum not more than five hundred dollars ($500.00). In addition to the fine imposed the court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days. Each day that a violation of this article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.