(a)   Dog shall mean all members of the Canes familiars, male or female, six months of age or older.

(b)   Own shall mean and include own, keep, harbor, shelter, manager, possess, or have a part interest in any dog. If a minor owns a dog subject to the provisions of this article, the head of the household of which such minor owner is a member shall be deemed the owner of such dog for the purpose of this article and shall be responsible as the owner, whether or not such household head is himself or herself a minor.  If not a member of a household, such minor owner shall himself or herself be directly subject to the provision of this article.

(c)   Owner shall mean one who owns, his or her employee or agent, or other competent person into whose charge the actual owner has committed his or her dog’s care or control whether for a fee or otherwise.

(d)   Household shall mean those persons living in the same dwelling unit, whatever.

(e)   Dangerous dog shall mean any dog which is fierce, dangerous, mean, or uncontrollable, or one which has previously attacked or bitten any person or domestic animal or demonstrated a propensity to attack or bite a person or domestic animal.

(f)   Person shall mean any individual, firm, association, partnership, or corporation.

(g)   Competent person shall mean a human being who is capable of controlling the dog in question and to whose command the dog is obedient.

(Code 2014)

(a)   It shall be unlawful for any person living within the corporate limits of the city to own or maintain any dog without first having had the dog inoculated against rabies according to current veterinary practices and paying a registration fee to the city clerk. The vaccination shall be administered by, or under the supervision and direction of a licensed veterinarian who shall attest to the fact of the inoculation or vaccination upon a certificate, the form of which shall be approved by the city. No registration shall be accomplished unless the owner seeking such registration shall present such a certificate of vaccination, properly completed as herein set forth, to the city clerk.

(b)   Registration and vaccination requirements found in subsection (a) hereof shall not apply to any dog which has not reached the age of six months.

(Code 2014)

(a)   The city clerk shall collect a registration fee of $5.00 for each neutered male or spayed female dog whose owners reside within the corporate limits of the city.

(b)   The city clerk shall collect a registration fee of $10.00 for each un-neutered male or un-spayed female dog whose owner resides within the corporate limits of the city. It shall be presumed that any female dog is un-spayed unless the owner thereof shall present satisfactory evidence to the contrary in the form of a certified statement of a licensed veterinarian or by a statement of the owner verified under oath by affidavit. Such evidence may be permanently entered or filed in the city clerk’s registration books.

(c)   All dogs belonging to the same household shall be registered in the name of the head of such household.

(d)   Any dog newly acquired by an owner residing within the corporate limits of the city shall be registered hereunder at the time of said acquisition.

(e)   Any dog reaching the age of six months shall be registered hereunder at the time of reaching that age.

(f)   All registrations issued by the city clerk hereunder shall be valid until December 31 following the issuing of the registration.

(Code 2014; Code 2024)

(a)   The city clerk upon presentation of a current certificate of vaccination, and upon payment of the fees, all as herein before set out, shall record the following information for each dog registered:  owner’s name, address, telephone number, color, breed, sex, age, weight, names (if any), and vaccination number of dog.  After recording the information, the city clerk shall issue a license to the owner, and shall provide for each dog so registered, a tag of metal or other durable substance, having stamped or marked thereon the registration number which corresponds to the number of the registration record. This tag shall be kept on the dog at all times when the dog is outside the dwelling of the owner.

(b)   The owner of any dog shall cause the same to wear collar or harness while the dog is outside the dwelling of the owner. The tag herein required should be securely affixed to the collar or harness of each registered dog. The tag shall be easily visible.

(c)   The city clerk may, between January 1 and January 30 of each year, cause notice to be given of the upcoming registration period for dogs by publication once in the official city newspaper.

(Code 2014; Code 2024)

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

(Code 2014)

It shall be unlawful for any person, with no requirement of a culpable mental state, to allow or permit, through act or omission, any dog to run or be at large at any time in the city. The fact of a dog being found at large shall be prima facie evidence of a violation of this section.

(Code 2014; Code 2024)

It shall be unlawful for any person by words, sign or otherwise, to set any dog to fight, or cause any dog to attack another dog or animal, or aid or abet or encourage any dog to attack or chase any human being not engaged in malicious or criminal acts; or being the owner, knowingly to permit such dog to fight without endeavoring to prevent the same.

(Code 2014)

(a)   Dangerous dog means:

(1)   Any dog with a known propensity, tendency, or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals; or

(2)   Any dog which in a vicious or threatening manner, approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property; or

(3)   Any dog which attacks or bites, or has attacked or bitten a human being or domestic animal; or

(4)   Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

(5)   Notwithstanding the definition of a dangerous dog above in paragraphs (1) through (4) above:

(A)  No dog may be declared dangerous if any injury or damage is sustained by a person or animal who at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog or was committing or attempting to commit a crime.

(B)  No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(C)  No dog may be declared dangerous if the injury or damage was sustained by a rabbit, bird or fowl that was not in a fenced or enclosed area on its owner’s premises.

(D)  Nothing in this article shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.

(Code 2014; Ord. 2051)

(a)   In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined by Section 2-208 above, the municipal judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by Section 2-208. The animal control officer or law enforcement officer may order the dog to be impounded at the municipal pound, a licensed veterinary clinic or duly incorporated humane society pending the determination of whether the dog is dangerous.  The owner or keeper of the dog shall be liable for the costs of keeping such dog.

(1)   Dogs seized in connection with dog fighting or that have caused a severe or fatal injury to a human shall be housed in a secure enclosure with proper exercise and care and held as evidence in the case until the conclusion of the case and order from the court on the disposition of the dogs. Disposition and release of dogs is determined in accordance with K.S.A. 21-4311 and 21-4316 and any amendments thereto.

(b)   The animal control officer or law enforcement officer shall notify the owner or keeper of the dog that the hearing will be held in municipal court, at which time evidence will be presented that the dog is dangerous and at which time the owner or keeper of the dog may present evidence to rebut evidence presented by the City and present such other evidence as may be relevant.

(1)   In making a determination, the municipal judge shall consider the following:

(A)  The seriousness of the attack or bite;

(B)  Past history of attacks or bites;

(C)  Likelihood of attacks or bites in the future;

(D)  The condition and circumstances under which the animal is kept or confined;

(E)   Other factors which may reasonably relate to the determination of whether or not the animal is vicious.

(2)   The failure of the owner or keeper to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog. The hearing shall be held promptly within no less than five (5) business days nor more than twenty (20) business days after service of notice upon the owner or keeper of the dog. The City shall have the burden of proof to show that the dog is dangerous pursuant to the dangerous dog code.

(c)   If a determination is made at the hearing that the dog is dangerous, the owner or keeper shall comply with the provisions of this Article within fifteen (15) days.  If the owner fails to comply with the provisions of this Article within the time provided, the dog shall be destroyed.  If the owner or keeper of the dog contests the determination, he or she may appeal within ten (10) days to the district court pursuant to law.

(d)   It shall be an affirmative defense to charges issued under this article that the dog was provoked, teased, injured, and was protecting itself, its owner, its offspring or another human being.

(Code 2014; Ord. 2051)

If the municipal court judge determines that a dog is dangerous pursuant to this Article, the owner or keeper of the dangerous dog shall be required to remove the dog from the city limits.

(Code 2014; Ord. 2051; Code 2024)

(a)   It shall be unlawful for any person to violate the provisions of this Article.  Any person found guilty of violating the provisions of this Article shall be assessed, fined, and the animal disposed of, as provided below:

(1)   At-Large.  Any dangerous dog that is not removed from city limits as required pursuant to this Article shall be impounded by an animal control officer or a law enforcement officer. In addition to all costs for impoundment, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine. For a second offense within twenty-four (24) months, in which the dog is not removed from city limits as required pursuant to this Section, in addition to all costs for impoundment, the owner or keeper shall pay a Five Hundred ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall dispose of the dog in a manner to be determined by the animal control officer. The judge shall have no authority to suspend the fine or any portion thereof.

(2)   Attack on Human.  If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing, a human being, the owner or keeper shall pay a Five Hundred Dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall humanely euthanize said dog. The judge shall have no authority to suspend the fine or any portion thereof.

(3)   Attack on Other Animal.  If any dangerous dog shall kill or wound, or assist in killing or wounding, any animal, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall destroy said dog.  The judge shall have no authority to suspend the fine or any portion thereof.

(b)   If the owner or keeper of a dog impounded pursuant to this section shall believe that there shall not have been a violation of the provisions of this Section, such owner may petition the Municipal Court, on forms approved by the Municipal Judge, petitioning that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending the resolution of such owner’s petition if the petition shall have been filed within five (5) days of impoundment of such dog and notice shall have been delivered within five (5) days of the impoundment of such dog. The dog shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner upon the payment of the expenses by the owner or keeper.

(c)   In addition to the fines provided in this section, the Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Article to serve up to a maximum of six (6) months in jail.  The judge shall also have the authority to restrict the owner from keeping dogs on the property for a period of not less than 2 years.

(d)   Nothing in this article shall be construed to limit the Municipal Judge’s authority to impose other fees or fines appropriate with other provision of this chapter or the city code.

(Code 2014; Ord. 2051; Code 2024)

It shall be the duty of every owner, keeper or harborer of any dog in the city, which dog is dangerous or has been known to bite, chase or run after any person or animal in the streets, alleys, or any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is dangerous or not.  Any person owning, keeping, or harboring any dog within the city limits contrary to this section shall be guilty of a violation of this code.

(Code 2024)

It shall be unlawful for any person to permit any dog to trespass upon or do injury to public or private property of another.

(Code 2014)

Unspayed female dog shall be kept securely confined in an enclosed place while in heat.

(Code 2014)

It shall be unlawful for the owner of any dog to permit in a careless, inattentive, willful, or malicious manner such dog to howl, bark or yelp so as to disturb the peace and quiet of the neighborhood. Any complaint hereunder must be signed by at least two landowners or occupants who reside within 150 feet of the property whereon such dog is located.

(Code 2014)

It shall be unlawful for any person to neglect, deprive, of necessary sustenance, cruelly beat, mutilate, or cruelly kill a dog or cause or procure the same within the corporate limits of the city.

(a)   Cruelty to animals is:

(1)   Intentionally killing, injuring, maiming, torturing, or mutilating any animal;

(2)   Abandoning or leaving any animal in any place without making provisions for its proper care.

(3)   Having physical custody of any animal and failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal; or

(d)   The provisions of this section shall not apply to:

(1)   Killing, attempting to kill, trapping, catching, or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated.

(2)   The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control.

(Code 2014)

(a)   Any dog in violation of this article within the corporate limits of the city shall be subject to impoundment by the city and a record of all dogs impounded shall be kept. Such record shall include the following information: color, sex, weight, and height, identifying marks, registration number or rabies vaccination number (if any) and the date of impoundment.

(b)   If the dog so impounded has no current registration tag, it shall be kept for five days and if within that time the owner does not appear to claim such dog, it may be sold, euthanized, or otherwise disposed of. If within five days of the impoundment date, the putative owner of such impounded dog pays all fines, fees, and court costs due hereunder, the animal shall be turned over to the person claiming it. In addition to any other fines, fees, or court costs hereunder, the owner of an impounded dog shall pay a boarding fee of $10.00 per day of impoundment plus an impoundment fee of $25 for the first impoundment of the animal within a 12-month period, $50 for the second impoundment within that period, $75 for the third impoundment within that period, and $100 for the fourth or more impoundment in a 12-mounth period.  Putative owners must also comply with all other requirements of this article prior to any dog being released to that individual.

(c)   If the dog so impounded has a current registration tag attached to its collar, the owner of such dog, as shown by the records of the city clerk, shall be notified in writing as soon as possible within the five-day impounding period. If the city clerk has been unable to locate the owner, upon having been located, refuses to claim, or redeem the dog, then the dog may be sold, euthanized, or otherwise disposed of.

(d)   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.

(e)   Any dog impounded hereunder shall be held and not released to its putative owner unless and until said owner has paid all fines and court costs arising as a result of the violation of this article, in addition to the payment of any other costs and fees assessed under any provision of this article as amended. Upon said release, the putative owner shall have two (2) business days to comply with all other requirements of this article and to provide the city clerk with satisfactory documentation verifying such compliance. Failure to provide such documentation within the specified time period shall be deemed a violation of the ordinance.

(f)   Any dog impounded hereunder and not reclaimed by its rightful owner within five working days may be offered by the animal control officer for adoption to a qualified applicant pursuant to the following terms:

(1)   The prospective owner shall sign an agreement to have the dog spayed or neutered and vaccinated and shall deposit with the city a Spay/Neuter/Vaccination Deposit in the amount of $75.00 or such other amount as shall be set by the city council, and which shall be approximately the average of spaying and neutering fees and vaccination fees charged by veterinarians serving the region.  In addition, the prospective owners shall pay an adoption fee of $25.00 and shall register the dog with the city and pay all applicable registration fees, therefore. The Spay/Neuter/Vaccination Deposit made pursuant to such agreement shall be refunded to such person upon presentation of written documentation signed by a licensed veterinarian that the dog has been spayed or neutered and vaccinated.

(2)   Other conditions and terms of adoption which are not in contravention of the terms of this article may be proposed by the animal control officer and approved as policies by the governing body.

(Code 2014)

(a)   Any dog which is suspected to having rabies, or any dog which has bitten a human being and has thereby caused a laceration of the skin of such human being, shall be seized, and confined in a veterinary hospital for a period of 10 days, provided however the period of confinement may be shortened at the discretion of the veterinarian in charge of the hospital.  The conditions of this section shall not supersede time limitations of the state statutes.

(b)   Any dog bitten by a known rabid animal shall be seized and confined in a veterinary hospital, as provided in subsection (a).

(c)   All expenses incurred during the period of confinement in a veterinary hospital for the purposes of this section shall be borne by the owner of the dog. If any dog so impounded is not claimed by the owner within the 10-day period, then the dog shall be euthanized by the veterinarian according to the provisions of Section 2-215 hereof. All costs assessed may be added to owner’s taxes or sent to the State set-off program.

(Code 2014; Code 2024)

When there exists sufficient evidence to believe that rabies exists in or near the city, the governing body may, by resolution, require all dog owners within the corporate limits of the city to confine their dogs or securely muzzle such dogs with a wire or leather muzzle for such length of time as may be designated in the resolution or until otherwise ordered; and it shall be unlawful for any person to permit a dog to run at large in violation of the terms of the resolution.  Such a resolution shall not become effective unless and until the same is published one time in the official city newspaper.

(Code 2014)

The animal control person or police officer shall be authorized to kill any dog which is impractical or impossible to catch, capture, or tranquilize and which is endangering persons.

(Code 2014)

It shall be unlawful for any person not duly authorized to do so to break open or attempt to break open any enclosure in which dogs are confined or held pursuant to the provisions of this article, or to take or let out any dog placed therein by an officer of this city, or take or attempt to take from an office of this city, any dog taken by him, or her in any manner, interfere with or hinder any office of this city in the enforcement of this article.

(Code 2014)

The animal control person or police officer shall have the right of entry upon any private, unenclosed lots or lands for the purpose of collecting any dog whose presence thereupon is a violation of this article and it shall be unlawful for any person to interfere with the city official in the exercise of this right. The animal control person or police officer shall have the further right of entry to any property or premises during the period provided in Section 2-216 hereof and it shall be unlawful for any person to interfere with the city official in the exercise of this right.

(Code 2014)

It shall be unlawful to abandon any animal in the city.

(Code 2014)