Chapter IV · Civil Offenses

Article 3. Dogs and Cats

Sections 4-301 to 4-312 · 12 sections

4-301 Registration and vaccination required; fee.

(a)Every owner of any dog or cat over six months of age shall annually register with the city clerk his or her name and address with the name, sex, and description of each dog or cat so owned and kept within the city. It shall be unlawful for the owner of any newly acquired dog or cat, or any dog or cat brought into the city to fail to register such animal within 30 days from acquisition or bringing the dog into the city. It shall be unlawful for the owner of any previously registered dog or cat to fail to maintain current registration of such dog or cat.

(b)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 dog or cat over three months of age to fail to maintain effective rabies immunization of such dog or cat.

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

(d)The chief of police, upon evidence of rabies in the city or vicinity thereof, shall have the authority to require the vaccination of all dogs, cats, other pets and animals within the city. One publication in the official city paper or a written notice to the owners or harborers thereof shall be considered enough notice.

(Code 2019)

4-302 Registration required; fees.

The owner, keeper or harborer of any dog or cat over six months of age shall cause the name, sex and description of such dog or cat to be registered by the city, and shall each year pay to the city an annual registration fee, due and payable on and after the first day of January of each year and in the amounts of and at the times following:

(Code 2019)

4-303 Dogs or cat 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 book suitable for the registration of dogs, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefore, and shall deliver to the owner of keeper of the dog or cat a certificate in writing, stating that the person has registered the dog or cat and the number by which the dog or cat is registered, and shall also deliver to the owner or keeper of the dog or cat 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 dog or cat so registered. In case of the loss of any tag, the city clerk or designated agent shall, upon presentation of the receipt originally issued and the payment of $1.00, issue a duplicate tag. It shall be unlawful for any person to take off or remove the city registration tag from any dog belonging to another or remove the strap or collar on which the same is fastened. No person shall place upon any dog or cat a tag other than the one given for the specific dog or cat for which it is issued under the registration certificate. It shall be unlawful for any person to place on any dog or cat a tag issued for any other dog or cat or to make or use any false, forged or counterfeited tag or imitation thereof.

(Code 2019)

4-304 Visiting dogs or cats.

The provisions of this article with respect to registration shall not apply to any dog or cat owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dog or cat shall always be kept under restraint by the owner.

(Code 2019)

4-305 Rules and requirements.

The owner, keeper or harborer of any dog(s), cat(s) shall conform to the following rules and requirements provided in sections 4-105:111.

(Code 2019)

4-306 Abandoning dogs or cats unlawful.

It shall be unlawful for any person or persons to bring within the city limits any dog(s), cat(s), or other animal(s) and abandon the same and allow them to run at large in the streets, alleys and public places in the city.

(Code 2019)

4-307 Stray dogs and cats.

The police officers of the city are hereby authorized to summarily destroy any dog or cat found at large in the city without any identifying check or tag showing the payment of the registration herein imposed, or any dog or cat obviously a stray and not owned or harbored by any resident of the city, as hereinbefore provided in section 4-301.

(Code 2019)

4-308 Dangerous dogs and cats.

The police officers of the city may kill, without notice, whether it bears the tag herein provided for or not, any dangerous female dog or cat running at large while in heat, any dog or cat that is vicious, or any animal that is affected with rabies or hydrophobia, as specified in Article 2 of this Chapter, and the Kansas Department of Health and Environment’s Rabies Control Requirements dated October 19, 2017.

(Code 2019)

4-309 Impounding dogs and cats at large; notice; fees; redemption; disposition.

It shall be the duty of the city police, or other persons duly appointed by the city governing body, to immediately take into custody and impound or destroy, any animal found in violation of the provisions of this article. A record of any dogs and cats impounded shall be kept by the city containing the following information: color, sex, weight, height, identifying marks, registration number and the date of impoundment.

If taken into custody and impounded, the dog or cat may be released to the legal owner or person in possession upon showing (1) satisfactory proof that he or she is the owner or is entitled to possession thereof, (2) satisfactory proof of the requirements described in subsections (b) and (c); and (3) payment of all fees and charges described in this section. If the dog or cat is not claimed within three (3) business days, the provisions of subsection (a) may apply.

(a)No dog or cat impounded under this section shall be disposed of until after expiration of a minimum of three full business days of custody during which the public has clear access to inspect and recover the dog or cat 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 or cat impounded by such facility if the owner or custodian is known or reasonably ascertainable. Such a dog or cat impounded under this section may at any time be released to the legal owner only after the fulfillment of the requirements set forth in subsections (b) and ( c) of the section or said dog or cat may be euthanized by a licensed veterinarian if it appears to the veterinarian that the dog or cat is diseased or disabled beyond recovery. If within three full business days the owner does not appear to claim the dog or cat, then the dog or cat may be, placed for adoption, sold, euthanized or otherwise disposed of.

(b)If at any time before the sale or destruction of any dog or cat impounded under the provisions of this article, the owner 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:

(1)payment of the sum of $15.00 to be paid to the City and,

(2)any impoundment fees or penalties; including

(3)the actual costs of impoundment.

(c)Any dog or cat impounded may not be released without showing proof of a current:

(1)rabies vaccination, and

(2)if the animal resides within the city limits, a city license and registration as referenced in Sections 4-301:302 of this Article.

(d)This shall not apply to any dog alleged as being vicious under Article 2, or dog or cat suspected of rabies under section 4-116 of this code.

(e)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.

(f)The redemption of any dog or cat 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 or cat.

(Code 2019; Ord. G-19-03)

4-310 Disposition of unclaimed dogs or cats.

(a)If any dog or cat is not redeemed by its owner or harborer within the time allowed for redemption as specified in this chapter thereof, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or cat, sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year, or place the animal up for adoption.

(b)No dog or cat may be transferred to the permanent custody of a prospective owner unless:

(1)The animal has proof of, or receives, a current rabies vaccination;

(2)has, or acquires, a current city licenses or registration;

(3)has been, or will be, surgically spayed or neutered before the physical transfer of the dog or cat occurs;

(c)Nothing in this section shall be construed to require sterilization of a dog or cat which is being held by the city and which may be claimed by its rightful owner within the holding period established in section 4-309.

(Code 2019)

4-311 Special confinement.

Whenever the mayor shall deem it necessary, either from danger of hydrophobia or other cause, he or she may by proclamation require all persons to confine their dogs or cats or securely muzzle them whether such dogs or cats be registered or not, for such time as may be designated in the proclamation, and all dogs or cats found running at large contrary to the requirements of such proclamation shall be killed, and the owner, keeper or harborer of such dog or cat shall be guilty of an offense and subject to the penalties provided in this article.

(Code 2019)

4-312 Penalty.

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.

(Code 2019)