Article 1. Dogs
For the purposes of this chapter, the following words and phrases shall mean:
(a) At large means outside of a fence or other enclosure which restrains the dog to a particular premise or not under the control, by leash or lead, by a competent person.
(b) Competent person means a human being who is capable of controlling and governing the dog in question and to whose command the dog is obedient.
(c) Dog means all members of the canis familiaris, male or female five months of age or older.
(d) Inoculation, vaccination or vaccination for rabies means the injection, by a veterinarian or by his authorized agent, of a specified dose of antirabies vaccine into the body of a dog, such vaccine having the US Government license number stamped on the label of the container.
(e) Own means to own, keep, harbor, or to have control, charge or custody of a dog.
(f) Owner means any person who, or in corporation which, owns, harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog or pup.
(g) Pup means all members of the canis familiaris, male or female less than five months of age.
(h) Restraint means a dog off the premises of its owner’s real property is under restraint in the meaning of this article:
(1) If it is controlled by a line or leash not more than six feet in length, when such line or leash is held by a competent person;
(2) When at “heel” of a competent person;
(3) When within a vehicle being driven, parked or stopped;
(4) When not more than fifty feet from a competent person if such dog is not annoying or worrying any human being or domestic ani al or trespassing on private property, or in a public area where dogs are forbidden.
(i) Vicious dog means any dog which is fierce, dangerous, mean or uncontrollable; or one that has previously attacked or bitten any person or domestic animal or possesses a propensity to attack or bite a person or domestic animal.
(j) Dog kennel means a place where dogs are bought, sold, bred, raised, or kept for the purpose of sale, resale, training or teaching, and is done commercially and for profit, or as a hobby.
(k) Harbor means to allow a dog to habitually remain or lodge or to be fed within his or her home, yard, place of business, or any other premises where he or she resides or controls.
(l) Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.
(m) Destruction of a dog herein, means the proper injection of a substance that quickly and painlessly terminates the life of the dog, or any other method approved by the American Veterinary Medical Association or the American Humane Society.
It shall be unlawful for any person living within the corporate limits of the city to own any dog over five months of age without first having had the dog inoculated against rabies and paying an annual registration fee. At the time of registration and payment of the fee as provided for in Section 2-103, there shall be presented to the City Clerk or other authorized licensing agents, a certificate from an accredited veterinarian to the effect that such dog has been inoculated for rabies within one year prior to applying for registration.
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Between May 1 and May 31 of each year, the dog owner shall register all dogs owned by him at the office of the City Clerk, or such licensing agents as may be designated by the City Clerk as hereinafter provided, and pay the following fees:
(a) All dogs male or female $5.00
(all male or female dogs spayed or neutered or unsprayed or unneutered.)
(b) If a household shall contain more than two dogs, then the City Clerk or other licensing agents shall collect a registration fee of $7.50 for each additional dog.
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(a) The City Clerk, upon presentation of a certificate of vaccination, issued by a licensed veterinarian to the effect that such dog has been inoculated for rabies within one year prior to and applying for registration, and payment of the fees as hereinbefore set out, shall record the following information:
(1) Owner’s name and address;
(2) Color, breed, sex, age, weight, name, and date of vaccination of the dog. After recording such information, the City Clerk shall issue a license to such owner and shall provide for each dog so vaccinated and 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.
(b) The City Clerk shall between April 1 and April 30 of each year, cause public notice to be given of the registration period for dogs.
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The provisions of this article with respect to registration shall not apply to any dog owned by any such person temporarily remaining within the city for less than thirty days, or any dog brought into the city for bench or show purposes, or hunting dogs brought in the city for less than thirty days. Such dogs shall be kept under strict supervision of the owner. It shall be unlawful to bring any dog into the city which does not comply with the laws of the state regarding the handling and importation of dogs.
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It shall be unlawful for any owner or harborer of any dog to keep such dog in the city without having such dog vaccinated against rabies by a state licensed veterinarian, unless such owner shall exhibit a certificate of a state licensed veterinarian that vaccination would be injurious to such dog due to its age. Evidence of a current rabies vaccination shall be exhibited to the City Mayor, Animal Control Officer, City Clerk or their duly authorized representatives, by the owner or harborer of any dog upon demand therefor by such official.
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It shall be unlawful for the owner of any dog to permit such dog to run at large within the corporate limits of the city, at any time. Any dog shall be deemed to be running at large when found off the premises of the owner and not under restraint. It shall be lawful for any animal control officer or other person duly appointed by the City Council to pursue and capture such dog while running at large.
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It shall be unlawful for any person to keep or harbor any pit bull or vicious dog within the city. Pit bulls or dogs determined to be vicious shall be euthanized or otherwise disposed of by order of the animal control officer.
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No dog shall be allowed to enter any theater, store, or other public building in the city, whether accompanied by its owner or person in charge or otherwise, except in the case of a person legally blind who has charge of and is accompanied by a seeing eye dog, as defined by state statute; provided, that the proprietor of a hotel or motel may permit pet dogs therein. This section shall not apply to the operator of a pet shop or related business.
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(a) It shall be unlawful for the owner of any dog to carelessly, inattentively, willfully or maliciously permit such dog to disturb the peace and quiet of the neighborhood, or to permit such dog to howl, bark or yelp so as to disturb the peace and quiet of the neighborhood. It shall be prima facie that such dog was disturbing the peace if a complaint is made by the landowners or occupants of two or more of the premises adjacent to the property where such dog is located.
(b) All dogs shall from 10:00 p.m. each night until 7:00 a.m. the following morning, be confined by their owner or harborer inside a house, garage, shed, or other enclosed structure so as to inhibit the barking, yelping, or howling of said dog.
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Every person who by words, signs or otherwise, sets any dog to fight, or causes any dog to attack any other dog, dogs, or any-other animal, or aids or abets or encourages any dog fight; or by words, signs or otherwise sets on or encourages any dog to attack or chase any human being not engaged in malicious or criminal acts; or being the owner, keeper or harborer of any dog knowingly permits such dog to fight without endeavoring to prevent the same, shall be guilty of a misdemeanor.
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(a) Cleanliness. It is declared to be a nuisance and unlawful for any person to maintain any dog in an area that is not at all times clean, dry and sanitary and free from excessive debris, garbage, water and offensive odors; and all yards and pens shall be cleaned daily.
(b) Storage of excreta. Excreta from pens, if stored on the premises of a dog owner, shall be stored in adequate containers with a fly tight lid.
(c) Drainage of premises. All dog pens and yards shall be so located that an adequate drainage is obtained and normal drying occurs and standing water is avoided.
(d) Inspection by Animal Control Officer. All premises on which dogs are kept shall be subject to inspection by the Animal Control Officer or his representative. If the Animal Control Officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he shall notify the owner or keeper of the logs in writing to correct the sanitation deficiencies within twenty-four hours after notice is served on him. Any person failing to comply with the requirements of the Animal Control Officer shall be guilty of a misdemeanor.
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It shall be unlawful for any person, firm or corporation to operate a dog kennel commercially or for profit or as a hobby within the corporate limits of the city.
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All dogs brought into the city shall comply with rabies vaccination requirements. If such imported dog remains more than thirty days, such dogs shall be registered in accordance with the provisions of this article.
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(a) It shall be unlawful for any person to import dogs or pups into the city for the purpose of resale without obtaining from the original owner thereof a notarized certificate showing the date of birth of such dog or pup, and the name and address of the original owner, or a health certificate from a licensed veterinarian, which certificate shall be transferred to the purchaser of such dog or pup from the importer or person reselling the same.
(b) It shall be unlawful to sell any imported dog unless the same has first been inoculated against rabies and a certificate of vaccination issued.
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A female dog shall be kept securely confined in an enclosed place while in heat.
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(a) There is hereby created the position of animal control officer for the city and such officer shall be charged with the enforcement of this article. Any person appointed by the Mayor and City Council of the City of Sylvia shall have such powers and authority as allowed by law in the enforcement of this article. All animal control officers shall be subject to the supervision and direction of the Mayor of the City.
(b) Except as provided in subsection (c), it shall be the duty of the animal control officer to take up and impound all dogs found in the city in violation of the provisions of this article.
(c) As an alternative to the provision of subsection (b), of this section, any animal control officer may issue a citation to the new owner, harborer or keeper of any dog in violation of this article, and the person receiving the citation shall, within 10 days, appear in the Municipal Court of the City to answer the charged violation of this article, or an animal control officer may, if he finds the dog in violation of the ordinance bears a current City of Sylvia dog license, and has not been in violation of this article, issue a warning to the owner, harborer or keeper of such dog.
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When deemed necessary by the animal control office for the health, safety and welfare of the residents of the city, such officer may:
(a) Place a humane trap on public or a requesting resident’s property for the purpose of capturing any dog defined in this article as creating a nuisance in the city;
(b) Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any dog that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety;
(c) Use firearms or other suitable weapons to destroy any rabid dog, any vicious dog, or any dog creating a nuisance where such dog is impossible or impractical to catch, capture or tranquilize.
(d) Nothing in this article shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious dog without notice to the owner.
(e) If a complaint has been filed in the Municipal Court against the owner of an impounded dog, the dog shall not be released except on the order of the Municipal Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this article. The Municipal Judge may, upon making a finding that a dog is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the dog to be destroyed in a humane manner by a designated veterinarian. Surrender of a dog by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the Court, nor to the fines and penalties that may result due to a conviction.
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(a) The animal control 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.
(b) It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties.
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The City of Sylvia will designate a holding or impounding facility, to carry out the provisions of this article. The impoundment facility will be named in accordance with provisions in Section 2-123 and will be reviewed annually.
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The animal control officer shall each month submit a report to the governing body showing the number of dogs impounded and disposed of, and the fees collected pursuant to this article and shall pay those fees to the City Clerk for credit to the general operating fund.
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At any time before the sale or destruction of any dog impounded under the provisions of this article, except for dogs impounded under the provisions of this article, except for dogs impounded as vicious or rabid, the owner thereof may redeem the animal by paying the animal control officer or any person in charge, the impounding fee, transportation fees, and all costs incurred as a result of such impoundment, provided that the dog is currently registered and vaccinated.
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(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) If the impounded dog has a current registration tag attached to its collar or if the impounding officer knows the identity of the dog’s owner, the owner of such dog, as shown by the records of the City Clerk shall be notified in writing as soon as possible or at least 24 hours before such dog is disposed of by destruction or sale. If, at the end of five days the City Clerk has been unable to locate the owner, or the owner, upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.
(d) If the dog impounded has no current registration tag and the identity of the dog’s owner is unknown to the animal control officer or the impounding law enforcement officer then such impounding officer shall, upon taking any such dog into custody and impounding the same, make a record thereof, with a description of the dog and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice at the City Offices of the City of Sylvia, stating that the dog describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the dog will be disposed of as provided in this article. 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.
(e) 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, including transportation fees, and upon compliance with the registration provisions of this article. This subsection shall not apply to any dog alleged as being vicious or suspected of rabies.
(f) The minimum impoundment fee for the City and the impoundment facility shall be set in a rate schedule as determined by this article.
(g) Any dog impounded may not be released without a current rabies vaccination.
(h) 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.
(i) The redemption of any dog impounded for a violation of any provision of this article shall be prima facie evidence of the violation of such provision by the person redeeming the dog.
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If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in Section 2-123, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year.
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The City Council shall establish a rate schedule, which shall be reviewed, at least on an annual basis, setting forth the impoundment fees, and transportation charges. Impoundment fees will be established by the impoundment facility, subject to approval by the City Council. Impoundment fees and transportation charges shall be collected from those persons who own, keep harbor, shelter, manage, possess or have a part interest in any dog, in violation of the provisions of this article, in addition to fines and penalties provided herein.
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The City Council shall designate and name the impoundment facility as provided in this article, to be reviewed at least annually by the City Council and subject to change by the Council.
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Any person violating any of the provisions of this article shall be deemed of a misdemeanor and upon conviction shall be punished by a fine as set forth in this article.
1st offense a fine of $15.00 plus $20.00 capture fee and $10.00 per day boarding fee.
2nd offense a fine of $50.00 plus $20.00 capture fee and $10.00 per day boarding fee.
3rd offense and all offenses after a fine of $80.00 plus $20.00 capture fee and $10.00 per day boarding fee.
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