Chapter 2 · Animal Control and Regulation

Article 2. Dogs

Sections 2-201 to 2-212 · 12 sections

2-201 Registration and vaccination required; fee.

(a)Every owner of any controlled animal over six months of age shall register the owner’s name, together with the name, sex and description of each dog so owned with the city clerk.

(b)Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall be allowed without the presentation of this document. The owner of any controlled animal found not to have a current complete certificate of immunization against rabies, whether registered or not, shall be subject to a fine of not less than $50.

(c)All boarding fees, dog license fees, impoundment fees or other fees contained in this article shall be charged and collected in accordance with the city’s fee schedule.

(Ord. 804; Ord. 845; Code 2012)

2-202 Dog tags.

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 record suitable for the registration of controlled animals, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefor, and shall deliver to the owner or keeper of the controlled animal a certificate in writing, stating that the person has registered the controlled animal and the number by which the controlled animal is registered, and shall also deliver to the owner or keeper of the controlled animal 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 controlled animal so registered. When any tag has become lost during a registration period, the owner of the controlled animal may request a duplicate tag for the remainder of the registration period. When so requested, the city clerk shall, upon presentation of the registration 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 controlled animal belonging to another, or remove the strap or collar on which the same is fastened.

(Code 1987, 6.04.040; Code 2012)

2-203 Same; counterfeit tag.

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

(Code 2012)

2-204 Evidence of vaccination.

It shall be unlawful for the owner of any controlled animal 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 controlled animal within two years, when requested by the animal control officer or any law enforcement officer.

(Code 2012)

2-205 Visiting dogs.

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

(Ord. 804; Code 1987, 6.04.050; Code 2012)

2-206 Running at large; fine.

(a)It is unlawful for the owner of any controlled animal to permit such controlled animal to run at large within the city at any time.

(b)Any controlled animal at large within the city shall be impounded as set out in section 2-117.

(c)The owner of any controlled animal impounded for running at large shall pay impound fees, plus board bill and any other expenses incurred during impoundment.

(Ord. 804; Code 2012)

2-207 Impoundment; record; notice; redemption; minimum fee.

(a)Any dog found in violation of the provisions of this article shall be subject to impoundment by the city.

(b)A record of all dogs 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.

(c)No dog impounded under this section shall be disposed of until after expiration of a minimum of five full business days of custody during which the public has clear access to inspect and recover the dog through time periods ordinarily accepted as usual business hours. During such time of custody, the city shall attempt to notify the owner or custodian of any dog impounded by such facility if the owner or custodian is known or reasonably ascertainable. Such dog may at any time be released to the legal owner, moved to a veterinary hospital for treatment or observation, released in any manner, if such dog was a gift to the animal shelter, or euthanized by a licensed veterinarian if it appears to the veterinarian that the dog is diseased or disabled beyond recovery. If within three full business days the owner does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.

(d)If at any time before the sale or destruction of any dog impounded under the provisions of this article, 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 any impoundment fees or penalties plus the actual costs of impoundment, and shall not apply to any dog alleged as being vicious under section 2-115 or suspected of rabies under section 2-119 of this code.

(e)The minimum impoundment fee shall be $25.

(f)Any dog impounded may not be released without a current rabies vaccination.

(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.

(h)The redemption of any dog impounded for a violation of any provision of this chapter shall be prima facie evidence of the violation of such provision by the person redeeming the dog.

(Ord. 804; Code 2012)

2-208 Disposition of unclaimed dogs.

If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-207 thereof, a law enforcement officer or any other person designated by the Mayor, is hereby empowered to dispose of any unclaimed dogs, by destruction, or by delivery to a licensed veterinarian facility or humane society recognized by the laws of the State of Kansas.

(Code 2012; Ord. 946)

2-209 Confinement of dogs in heat.

Any unspayed female controlled 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 controlled animal or controlled 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. 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 2012)

2-210 Reserved for future use.

2-211 Service dogs.

Service dogs used by persons shall, by reason of circumstances and training of such dogs, be exempt from this chapter, except that portion requiring rabies inoculation. Such persons using a qualified service dog, upon presentation of a current rabies certificate as set forth in 2-201 shall be presented a license tag at no charge. Such service eye 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, unless they pose a threat to public safety.

(Ord. 804; Code 2012)

2-212 Penalty.

It is declared to be unlawful for any person, owner or harborer of any controlled animal to violate this chapter, and that any person who shall willfully violate the terms and conditions thereof, upon conviction may be fined in a sum not to exceed $25 for the first violation thereof and a sum not exceed $500 for each subsequent violation thereof. The fine may be levied by the municipal judge in addition to the fees and charges as called for in this chapter and that the fine shall be remitted by the municipal judge to the city clerk and placed in the fund or funds liable for payment of the costs of this chapter.

(Ord. 804; Code 2012)