The following words, terms and phrases when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) At large. An animal shall be deemed to be at large when it is not on the property of its owner and not under the physical control of the owner by leash or other similar device; voice control only will not be considered adequate control.
(b) Attack – means any violent or aggressive physical action or contact.
(c). Dog – means any domestic or wild dog.
(d) Kennel – means any person engaged in the business of breeding, buying, selling or boarding dogs.
(e) Neutered male – means any male dog which by operation has been made infertile or one that has been certified by a licensed veterinarian as being naturally infertile.
(f) Owner – means any person owning, keeping, harboring or possessing any dog or any person operating a kennel.
(g) Reserved.
(g) Restraint – means confined by building, fence, leash or other appropriate means, or if accompanied by a competent person and under the person’s immediate control.
(h) Secure enclosure – means any structure secure on four sides, top and bottom, equipped with a gate or door that has a lock that secures such gate or door from being opened by anyone other than the owner, harborer, keeper or possessor of the dog.
(i) Spayed female – means any female dog which has been operated upon to prevent conception or one that has been certified by a licensed veterinarian as being naturally infertile.
(j) Veterinary hospital – means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of dogs.
(Ord. 2011-08; Code 2012; Ord. 2018-05)
It shall be unlawful for any person to own, keep, maintain, or harbor, anywhere within the city limits, more than three dogs aged six months or older, without first applying for and being granted a waiver of the limit. The waiver application fee shall be $50 for each animal in excess of three for which the waiver is sought. The applicant must make an adequate showing before the governing body that the premises in issue are so situated, and circumstances exist, to ensure that no nuisance will be created to the neighborhood and ensuring the public health, safety, and welfare. Should such waiver be granted, the governing body may limit the time during which the waiver is granted, may specify the maximum number of dogs that may be maintained at any one time, and impose such other and further conditions as may be appropriate to ensure the public health, safety, and welfare. The waiver may be revoked by the governing body upon a finding that a nuisance exists.
(Ord. 2008-18; Code 2012)
The animal control officer shall have the power to issue a complaint and notice to appear against the owner of a dog subject to, but not in compliance with, this chapter; provided that no owner charged with violating the provisions of the Code section requiring a permit shall be convicted of violating such section if the owner produces in court, or at the offices of the animal control officer, a valid permit for the dog, issued prior to the issuance of the complaint and notice to appear.
(Ord. 2008-18; Code 2012)
It shall be unlawful for the owner, keeper or harborer of any dog to permit such dog to run at large. The fact of a dog being found at large shall be prima facie evidence of a violation of this section.
(Ord. 2008-18; Code 2012)
(a) The owner shall confine within a building or secure enclosure;
(1) Every fierce, dangerous or vicious dog;
(2) Every dog having a natural propensity to be fierce, dangerous or vicious; and
(3) Every unspayed female dog in heat, in such a manner that such female cannot come into contact with another dog except for planned breeding.
(b) It shall be unlawful for the owner of any unspayed female dogs to keep such dogs in such manner as to cause a nuisance by attracting male dogs to the premises of such owner.
(K.S.A. 21-3418; Ord. 2008-18; Code 2012)
Any business, individual, organization or entity engaged in the practice or business of breeding and/or selling dogs, with or without monetary compensation, shall provide the city treasurer the following information within ten days after ownership of any dog is transferred:
(a) The date of the sale or transfer of ownership.
(b) The name and address of the new owner.
(c) A description of the dog sufficient for identification by an animal control officer.
(d) Approximate age of the dog.
(Ord. 2008-18; Code 2012)
No person shall own, keep or harbor within the corporate limits of this city any dog over six months of age without first obtaining a permit from the city clerk. Such permit shall be obtained within 5 business days after the date City utility services begin. No permit shall be issued under this section except upon the presentation of a valid rabies vaccination certificate plainly showing the dog’s last vaccination is currently effective and payment of the applicable fee under this section.
(Ord. 2011-08; Code 2012; Ord. 2015-07)
The permit and vaccination requirements of this division shall not apply to a nonresident dog owner who keeps the dog within the city for not longer than 30 days provided that at all times such dog is under restraint.
(Ord. 2008-18; Code 2012)
A person owning, keeping or harboring a dog that has been retired from the United States armed forces, a registered seeing-eye dog used by visually or hearing-impaired persons, or police or sheriff’s department dogs shall not be required to pay the permit fee but shall be subject to all other regulations of this division, including but not limited to the requirement of having the rabies vaccination.
(Ord. 2008-18; Code 2012)
Applications for dog permits shall be made with the city clerk or authorized agent upon forms provided by the city clerk, setting forth such information as necessary to properly implement the terms and provisions of this division. Such forms shall be completed by the applicant and submitted to the city clerk or authorized agent for validation and, after validation and payment of the permit fee, such forms shall serve as the dog permit.
(Ord. 2008-18; Code 2012)
(a) The fees for permits required by this article shall be established by resolution of the governing body and collected by the City Clerk.
(b) No fee shall be required of any animal shelter or veterinary hospital.
(c) Fees may be prorated.
(Ord. 2011-08; Code 2012; Ord. 2018-05)
The permit term shall be for a period of 12 consecutive months commencing on July 1st and ending on June 30th.
(Ord. 2011-08; Code 2012)
(a) Late charge. If a person obtains a permit within 5 business days after either the expiration of an existing permit term or the date on which a permit is required, no late penalty will be charged; if, however, the applicant fails to make application and obtain a permit within such 5-day period, a late charge of $2 shall be assessed for each month the applicant is delinquent in making application, not to exceed a total of $24. The late charge shall be added to and collected with the regular permit. Any portion of a month shall be considered as a full month for the purposes of late charge computation.
(b) Application and renewal forms. The city clerk shall be authorized to mail application forms for permits and reminder notices to any animal owner of which the treasurer has record.
(c) Delinquency notice. A complaint alleging violation of the renewal provisions of a permit under this division and a notice to appear shall be issued against the owner of a dog subject to but not in compliance with such renewal provisions, provided that the city clerk has issued at least ten days in advance thereof a delinquency notice by United States mail, first class, postage prepaid, to the owner at the last known address of the owner. A delinquency notice shall include at least the following:
(1) A title that it is a delinquency notice;
(2) A statement of late payment charges the owner must pay; and
(3) A warning that failure to purchase the applicable permit will result in the issuance of a complaint and notice to appear and subject the owner of potential court costs.
(d) Complaint and notice to appear. The complaint and notice to appear as provided in this section shall charge the owner with violations of the particular applicable ordinance and order the owner to appear in municipal court at a particular date and time.
(e) Fines. Any person charged with a violation of section 2-406 shall, upon a plea or finding of guilt, be sentenced to a fine of not less than $50. The sentence shall not be subject to a reduction or parole unless the person who is convicted or pleads guilty provides evidence that a permit was purchased prior to plea or finding of guilt. However, in no event shall the sentence be reduced or paroled to a fine of less than $25.
(Ord. 2011-08; Code 2012)
(a) Upon full compliance with the terms of this division, the city clerk or authorized agent shall issue a written permit to the applicant together with a durable permit tag stamped with an identifying number and so designed that it may be securely fastened to a collar or harness.
(b) The tag issued pursuant to this section shall be securely attached to the collar or harness of the dog for which such permit and tag is issued and shall be worn at all times the dog is off the premises of the owner.
(c) If a tag issued for a dog is lost, a new tag may be obtained from the city clerk upon payment of a replacement fee of $1.
(d) No person shall attach a tag to any dog other than the one for which the tag was issued.
(Ord. 2008-18; Code 2012)
(a) A permit shall be valid only in the permit year for which issued. A new permit shall be obtained for each permit year and a new permit fee paid.
(b) No person shall use any dog or kennel permit issued for another dog or kennel.
(Ord. 2008-18; Code 2012)
Any dog found to be at large within the city may be impounded in the animal shelter in a humane manner.
(Ord. 2008-18; Code 2012)
The animal control officer may take into custody and impound all dogs not wearing a current registration.
(Ord. 2008-18; Code 2012)
If, by a tag or other reasonable means, the owner can be identified, the animal shelter or it designated agent shall, as soon as possible upon impoundment, notify the owner by telephone or mail of the impoundment of the dog.
(Ord. 2008-18; Code 2012)
Impounded dogs shall be kept for a period of not less than 72 hours unless sooner claimed by the owner.
(Ord. 2008-18; Code 2012)
(a) The owner shall be entitled to resume possession of any impounded dog, except as provided in this section, upon compliance with the permit provisions of this article and payment of the impoundment fees set forth in this section to the animal shelter.
(b) The impoundment fee for a dog shall be established by resolution of the governing body and collected by the City Clerk.
(c) No owner shall be allowed to redeem any dog impounded for being a public nuisance, unless such redemption is authorized by any court having jurisdiction.
(d) No owner shall be allowed to redeem any dog found to be rabid or any dog which has been bitten by a rabid animal, unless such redemption is authorized by any court having jurisdiction.
(e) No owner shall be allowed to redeem any dog when, in the judgment of the animal shelter, the dog should be destroyed for humane reasons.
(f) If a person is adjudicated guilty of the crime of cruelty to animals and the court is satisfied that an animal owned or possessed by such person would be in the future subjected to such crime, such animal shall not be returned to or remain with such person. Such animal may be turned over to an animal shelter or licensed veterinarian for sale or other disposition.
(Ord. 2008-18; Code 2012; Ord. 2018-05)
If an impounded dog is not redeemed within the detention period set forth in section 2-421, then the dog shall be deemed abandoned and title thereto shall pass to the animal shelter by operation of law.
(Ord. 2008-18; Code 2012)
It shall be unlawful for any person to obstruct, hinder or prevent the impounding of any dog running at large contrary to the provisions of this article or to break open, destroy or injure the door, gate or enclosure of any impounding area to take or attempt to take therefrom a dog therein impounded.
(Ord. 2008-18; Code 2012)