CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. DOGS AND CATS

ARTICLE 1. DOGS AND CATS

For the purposes of this article, the term animal shall mean any dog or cat, six (6) months of age or older, whether domesticated or wild.

(Ord. 798; Code 2015)

It shall be unlawful for any person, residence, firm, or corporation to own, keep, or harbor any animal within the corporate limits of the city without paying a yearly license tax thereon.

(Ord. 798; Code 2015)

It shall be the duty of the owner, keeper, or harborer of any animal to register the same with the city clerk. The owner, keeper, or harborer of such animal shall, at the time of registration, make application on a form provided by the city, stating his name and address and also the name, breed, color, general description, and sex of each such animal: Provided that the provisions of this section shall not apply to a non-resident temporarily in the city for a period of less than two (2) weeks, nor to animals brought into the specific purpose of participating in a dog or cat show.

(Ord. 798; Code 2015)

Any person, residence, firm, or corporation who shall own, keep, or harbor any animal within the corporate limit s of the city shall pay to the city clerk an annual tax on each animal as follows:

(a)   Neutered Dog or Cat              $2.00

(b)   Un-Neutered Dog or Cat         $5.00

Such license shall be due and payable on or before January 31 of each year or within ten (10) days after acquiring ownership or possession of any animal. The city clerk shall cause notice of such licensing requirement at least two weeks in advance of January 31 to all persons receiving city water service. Any person, residence, firm, or corporation that has established residence within the city and keeps or harbors any animal shall register such animal upon the establishment of such residency. If such tax is not paid on or before January 31 of each year, within ten (10) days after acquisition, within thirty (30) days after the animal reaches six (6) months of age, or upon the establishment of residency within the city, a penalty of one dollar ($1.00) per month shall be added. The full amount of the tax shall be required regardless of the t i me of year such license is paid.

The City Council may, by majority vote, agree to allow for a period of free registration during which the payment of the annual tax would be waived. Such free registration period may not exceed thirty days per calendar year.

(Ord. 798; Code 2015)

Upon registration and payment of license tax imposed by Section 2-104, the city clerk s hall issue to the owner a license certificate and a metallic tag for each animal so licensed. The license tag shall have written, etched, or stamped thereon a unique license number for each animal. Each owner s hall be required to provide each animal with a collar to which the license tag must be affixed and shall be responsible for assuring that the collar and license tag be worn by the animal. Should a tag be lost or destroyed, the owner shall forthwith apply to the city clerk for a replacement license tag and shall pay to the city clerk the sum of one dollar ($1.00) for such replacement license tag. Animal licenses and tags shall not be transferable from one animal to another and no refunds shall be made on any animal license fee because of the death of the animal or the removal of the animal from the city before the expiration of the license.

(Ord. 798; Code 2015)

Any person, residence, firm or corporation making application for an animal license shall be required to present to the City Clerk at the time of making of such application a certificate issued by a licensed veterinarian showing that such animal has been properly vaccinated or inoculated with a recognized antirabies vaccine and showing that the inoculation or vaccination so administered will be effective for the entire period for which the license is issued. The City Clerk shall file such vaccination certificate or duplicate thereof with the registration of the animal

(Ord. 798; Ord. 799; Code 2015)

All animals kept or harbored within the city shall be confined January 1 to December 31 inclusive. Confinement as used herein shall be construed to mean that animals shall be limited to the premises of the owner or keeper of the animal, either by fence or other structure or by leash; or limited within the confines of the owners or keepers vehicle, or any other method which will prevent the animal from leaving the premises of its owner or keeper. Said leash shall not exceed twelve (12) feet in length.

(Ord. 798; Code 2015)

The city may appoint or designate a person or persons to serve as Animal Control Officer for the city. Said Animal Impounding Officer is empowered to dispose of any unclaimed animals by sale or destruction.

(Ord. 798; Code 2015)

It shall be the duty of the Animal Control Officer to impound such animal or animals in violation of this article in a place provided by the city.

(Ord. 798; Code 2015)

The city may enter into a contract with a qualified individual, firm, or corporation to serve as Impounding Officer for the city and to provide for boarding and care of impounded animals.

                                                                                                                       (Ord. 798; Code 2015)

When any animal is impounded under Section 2-107, the Animal Control Officer or City Clerk shall cause notice to be mailed to the owner of such animal if such animal is registered and licensed; if such animal is not registered and licensed, then notice shall be posted on the public bulletin board in front of the city offices at 220 Broadway, Cottonwood Falls, Ks., of the fact that such animal has been impounded. Such notice shall contain a description of the animal, license number (if same is affixed to the collar of the animal) and instructions for redeeming said impounded animal.

(Ord. 798; Code 2015)

If the owner or keeper of any animal impounded under the provisions of this article shall appear before the city clerk or the Impounding Officer within seventy-two (72) hours after the posting or mailing of notice provided for in Section 2-111 and pay the cost of capture, care, and maintenance of the animal or animals and pay the license registration for such animal if such animal is unlicensed, then and in that event such animal may be returned to the owner or keeper.

(Ord. 798; Code 2015)

Disposition of Unclaimed Animals. After the expiration of the seventy-two (72) hour period provided in Section 2-111, the Animal Control Officer or Impounding Officer is empowered to dispose of any unclaimed animals by sale or destruction.

(Ord. 798; Code 2015)

If, upon complaint duly made to the police chief, sheriff, city clerk, mayor, or any city council-person, that any person is the owner, keeper, or harborer of an animal within the city, that is dangerous or vicious, or exhibits tendencies and dispositions which render such animal unsafe, the Animal Control Officer finds there is probable cause for believing such complaint to be true, it shall be the duty of such officer when so notified to serve written notice upon the owner, keeper, or harborer of such animal to confine and if necessary muzzle such animal, and if such animal shall be found running at large in the city it shall be the duty of the Animal Control Officer to seize and impound such animal.

(Ord. 798; Code 2015)

Whenever the Animal Control Officer or Impounding Officer believes that any animal has been exposed to or is infected by rabies, it is the duty of such officer to impound such animal with a licensed veterinarian for a period of fourteen (14) days to determine if the animal has rabies and to notify the owner of such impoundment in the manner prescribed in Section 2-111. Said animal shall not be released until the owner thereof has furnished the certificate of a licensed veterinarian to the effect that the animal has an effective rabies vaccination or a certificate from a licensed veterinarian that the animal is not infected with rabies. Such impoundment will be at the cost of the owner, keeper, or harborer of such animal. The biting of a person or another animal by the suspected animal will be deemed to be probable cause to believe that the animal is infected with rabies. Biting, however, will not be the only evidence sufficient to establish probable cause. In the event that such animal is found to be incurably infected with rabies, the animal shall be destroyed.

(Ord. 798; Code 2015)

It shall be unlawful for any person except the Animal Control Officer, Impounding Officer, or other person duly authorized by the city to open the city animal pound, or attempt to do so, or to take or let out any animal impounded. It is further unlawful for any person to interfere with or hinder the Animal Control Officer, Impounding Officer, or other person employed by the city for the enforcement of this article in the performance of his duties under this article.

(Ord. 798; Code 2015)

The city shall provide for the maintenance and repair of the city animal pound. All animals, while impounded shall be provided with sufficient food and water. The city shall cause the pound to be cleaned regularly so as to prevent the spreading of disease and the maintenance of a health hazard. Alternatively, the city may contract with a licensed veterinarian for the impoundment of animals.

(Ord. 798; Code 2015)

All funds obtained by the city under the provisions of this article for licensing animals and fees charged for any capture, care or impounding provided for herein shall be credited to the general operating fund of the city.

(Ord. 798; Code 2015)

Any person, residence, firm, or corporation violating the provisions of this article shall be fined the sum of ten dollars ($10.00) upon the first conviction and twenty-five dollars ($25.00) upon the second and subsequent convictions. Such fines are to be in addition to any redemption fees set out in 2-112.

(Ord. 798; Code 2015)

(a)   It shall be unlawful for any person to keep, own, or harbor, within the City, any animal which is in the habit of excessive barking, bawling, howling, crowing, meowing, screeching, braying or crying by day or night, disturbing the peace and quiet of any person, family, or neighborhood within the City. “Animal” as used herein shall include, but not be limited to, any horses, cattle, donkeys, swine, goats, sheep, cats and dogs.

(b)   Any person, firm or corporation violating the terms of this article shall upon a first conviction be fined in a sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and upon a second or subsequent conviction be fined in a sum of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00).

(c)   Upon a third conviction within a twelve-month period, the Court shall order the person, firm or corporation keeping, owing or harboring the offending animal to remove said offending animal from the City. If the keeper, owner, or harborer of the offending animal fails to remove the offending animal from City as ordered, the Court may order the offending animal seized and disposed of.

(Ord. 876; Code 2015)