(a) No person shall own any dog, cat or ferret, six (6) months of age or older, within the city limits if such animal is not currently vaccinated against rabies.
(b) Any person owning, keeping, harboring, or having custody of any dog, cat or ferret, three (3) months of age or older within the city must register and obtain a license as herein provided. Application for a license must be made within 30 days after obtaining a dog, cat or ferret over three months, except that this requirement will not apply to a non-resident keeping a dog, cat or ferret within the city for no longer than 60 days.
(1) Any person owning a dog within the City shall cause such dog to wear a collar or harness at all times when off the premises of the owner to which shall be attached a current tag reflecting that the dog is vaccinated against rabies. The tag shall be situated on the collar or harness in such a manner that it may be easily visible at all times.
(2) Owners of cats and ferrets shall retain proof of current rabies vaccination on their person or premises.
(c) Registration and licensing of animals in the city shall require the following:
(1) Registration and application for licenses shall be made to the city clerk or other authorized person and shall include name and address of applicant, description of the animal and the appropriate fee.
(A) The city shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public.
(2) Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any such animal over three months of age to fail to maintain effective rabies immunization of such dog.
(3) The owner of any such animal shall, at the time of registration, present to the city clerk a certificate from an accredited veterinarian showing that the animal to be licensed has been neutered or spayed, if the animal has been neutered or spayed.
(4) The city clerk shall collect an annual registration fee for each animal. The registration fee shall be set annually by the governing body in its annual fee resolution.
(5) 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. The owner of such animals 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 herein provided a penalty fee for late registration.
(6) Upon acceptance of the license application and fee, the city shall issue a durable tag or identification collar, stamped with an identifying number and the year of issuance. Tags should be designed so that they may be conveniently fastened or riveted to the animal’s collar or harness.
(A) A duplicate license may be obtained upon payment of a replacement fee as may be set by the city council in the annual fee resolution.
(B) 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.
(C) No person may use any license for any animal other than the animal for which it was issued.
(d) Registration fees may be prorated for newly acquired animals required to be licensed and owned by a person or persons moving to and establishing a home in the city during a calendar year.
(1) Although a license is required, license fees shall not be required for assistance dogs or governmental police dogs.
(Code 2008; Ord. 3709; Code 2018)
Provisions relating to the issuance of licenses and permits and revocation of same shall be as follows:
(a) The city may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this article, the regulations promulgated by the city, or any law governing the protection and keeping of animals.
(b) Any person whose permit or license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored by such person and no part of the permit or license fee shall be refunded.
(c) It shall be a condition of the issuance of any permit or license that the city shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspections is refused, revoke the permit or license of the refusing owner.
(d) If the applicant has withheld or falsified any information on the application, the city shall refuse to issue a permit or license.
(e) The city may refuse to issue a permit or license, or to revoke such permit or license, if the owner is subject to a judicial order from any jurisdiction prohibiting the owning of all or certain animals.
(f) No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.
(g) Any person having been denied a license or permit may not reapply for a period of 90 days.
(Ord. 3709; Code 2018)
(Ord. 3709; Code 2018)
(Ord. 3709; Code 2018)
(a) It shall be unlawful for any person to own or keep a dog or cat or other animal which runs at large in the City. Knowledge or acquiescence by the owner or keeper is not an element of the offense. Any animal or found at large shall be impounded as provided in this chapter.
(b) An animal shall not be deemed to be running at large if:
(1) The animal is firmly attached to a leash or chain under the physical control of its owner or keeper
(2) The animal is within a structure or within a fence enclosure with the permission of the owner or keeper of the structure or fence enclosure
(3) The animal has an operating electronic collar and is under the charge, care or control, of its owner or keeper who is operating an electronic pet containment system or electronic training system for the animal.
(4) The animal is a dog and, under the supervision of its owner or keeper, is using the City’s off-leash dog park in accordance with the City’s rules and regulations for any City off-leash dog parks.
(c) Any animal on property without the permission of the property owner shall be deemed to be an animal at large and the owner of such animal shall be in violation of this Section.
(d) The provisions of this Section shall not apply to persons who are the owners of assistance dogs, as defined in this chapter.
(e) Any person found guilty of animal at large as defined herein shall be fined as follows: $30.00 for the first offense within a twelve (12) month period; $40.00 for the second offense within a twelve (12) month period; $60.00 for the third offense within a twelve (12) month period; and $100.00 for the fourth and subsequent offense(s) within a twelve (12) month period. The Municipal Judge shall have no authority to suspend the fine or any portion thereof of fine established by this Section. The fine shall be in addition to any applicable court costs or impoundment fees. The animal control officer, other City employee, or employees or custodians of an impoundment facility where such impounded is held shall not release an animal to an owner if the owner has failed to pay a fine or has failed to appear in municipal court for the adjudication of a violation of this section.
(Ord. 3709; Code 2018)
(a) An “aggressive animal at large” means any animal at large that without provocation, exhibits aggression or combativeness toward a person or another domestic animal, whether or not said person or animal is attacked, bitten, or scratched by the aggressive animal at large.
(b) Any person found guilty of animal at large as defined in Section 2-305, where such animal is an aggressive animal shall be fined as follows: $50.00 for the first offense within a twelve (12) month period, or by imprisonment, for not more than 10 days, or by both such fine and imprisonment; $75.00 for the second offense within a twelve (12) month period, or by imprisonment, for not more than 10 days, or by both such fine and imprisonment; $100.00 for the third offense within a twelve (12) month period, or by imprisonment, for not more than 14 days, or by both such fine and imprisonment; and $150.00 for the fourth and subsequent offense(s) within a twelve (12) month period, or by imprisonment, for not more than 30 days, or by both such fine and imprisonment. The Municipal Judge shall have no authority to suspend the fine or any portion thereof of the fine established by this Section but shall have the authority to suspend the term of imprisonment. The fine shall be in addition to any applicable court costs or impoundment fees. The animal control officer, other City employee, or employees or custodians of an impoundment facility where such impounded is held shall not release an animal to an owner if the owner has failed to pay a fine or has failed to appear in municipal court for the adjudication of a violation of this section.
(Ord. 3709; Code 2018)
(a) It shall be a separate municipal offense for any person to receive four (4) or more citations for violation of Section 2-307 within a twenty-four (24) month consecutive period. Such person shall be cited as a habitual violator. Any person found guilty of violation of this Section shall be fined a minimum of $100.00 and a maximum of $500.00 for each habitual violator citation. The Municipal Judge shall have no authority to suspend the minimum fine or any portion thereof.
(b) A person cited for violation of this Section shall be required to appear in municipal court. In addition thereto, the Municipal Judge shall have the authority to sentence the individual to up to six (6) months in jail. It shall be a defense to an alleged violation of this Section for the defendant to have been adjudged not guilty, or the charge dismissed, of Section 2-307 for a specific citation issued under Section 2-307.
(Ord. 3709; Code 2018)
(Ord. 3709; Code 2018)
(Ord. 3709; Code 2018)
(Ord. 3709; Code 2018)
(Ord. 3709; Code 2018)
(Ord. 3709; Code 2018)
(a) No person or household shall own or harbor more than five dogs of six months of age or older or more than one litter of pups, or more than five cats of more than six months of age or more than one litter of kittens, or more than a total of five dogs, cats or ferrets more than six months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training, or boarding cats, dogs or ferrets or both cats, dogs and ferrets, 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.
(e) The annual kennel license fee shall be set by the governing body in its annual fee resolution. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this chapter.
(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.
(Ord. 3709; Code 2018)
(a) Unless otherwise specified by any section of this chapter for a specific violation, any person violating or permitting the violation of any provision of this chapter shall, upon conviction, be fined a sum not less than $50 nor more than $500.00. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days.
(b) Should a person refuse to remove an animal found to unlawfully be in the city, the court shall find the owner of the animal in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this article continues shall be deemed a separate offense.
(c) In addition to the foregoing penalties, any person who violates this chapter shall pay all expenses, including those relating to shelter, food, handling, veterinary care, witness fees and court costs necessitated by the enforcement of this chapter.
(Ord. 3709; Code 2018)