CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. DOGS AND CATS

(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 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 or cat 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 six 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 city clerk shall collect an annual registration fee as set by resolution of the city council for each neutered male dog or cat and for each spayed female dog or cat, as well as for each unneutered male dog or cat and for each unsprayed female dog or cat.

(e)   The registration year shall be from May 1st through April 30th of the following year.

(Code 2006)

It shall be the duty of the city clerk or designated agent, upon a showing of current rabies imm1mization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs or cats, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefor, and shall deliver to the owner or 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. When any tag has become lost during a registration period, the owner of the dog or cat may request a duplicate tag for the remainder of the registration period. When so requested, the city clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon the payment of the original fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened.

(Code 2006)

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 2006)

It shall be unlawful for the owner of any dog or cat kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog or cat within two years, when requested by the animal control officer or any law enforcement officer.

(Code 2006)

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 dogs or cats shall be kept under restraint by the owner thereof at all times.

(Code 2006)

(a)   It shall be unlawful for the owner or harborer of any dog or cat to permit such dog or cat to run at-large within the city at any time;

(b)   Any dog or cat running at-large within the city shall be impounded as set out in section 2-207;

(c)   Penalties.

(l)    First Offense - A warning may be given for at-large animals to the owner. If animal’s residence is known by the officer or by city tag, the animal’s owner will be contacted to have the animal returned home. If not able to contact or the owner is unknown, the animal will be placed in pound. The animal’s owner will have to pay a pound fee set by resolution by the city council before animal is released.

(2)   Second Offense - Officer will write a citation to owner for at-large. Officer will again attempt to return animal to its home, if unable, the dog will be placed in the pound. Court advised, fine will be waived; however, owner will have to pay a pound fee set by resolution of the city council and court costs as set by resolution of the city council before the animal is released to owner.

(3)   Third and Subsequent Offenses - Officer will issue NTA to owner for at-large. Officer will attempt to return animal to its home, if unable, the animal will be placed in the pound. Court advised, fine to be determined by the court, not to exceed $500, court costs as may be set by resolution of the city council, and any impound fees will have to be paid prior to release of animal if impounded.

(Code 2006)

(a)   Any dog or cat found in violation of the provisions of this article shall be subject to impoundment by the city.

(b)   A record of all dogs or cats 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 dog or cat impounded has a current registration tag attached to its collar or if the impounding officer knows the identity of the dog or cat’s owner, the owner of such dog or cat, 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 or cat 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 or cat, then the dog or cat may be sold, euthanized or otherwise disposed of.

(d)   If the dog or cat impounded has no current registration tag and the identity of the animal’s owner is unknown to the animal control officer or the impounding law enforcement officer, then such impounding officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, 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 animal will be disposed of as provided in this code. If within five full business days the owner does not appear to claim the dog or cat, then the dog or cat may be sold, euthanized or otherwise disposed of.

(e)   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 payment of any impoundment fees or penalties plus the actual costs of impoundment, and upon compliance with the registration provisions of this article.

This subsection shall not apply to any dog or cat alleged as being vicious under section 2-115 or suspected of rabies under section 2-119 of this code.

(f)    Penalties.

(l)    First Offense - A warning will be given for at-large animals to the owner. If animal’s residence is known by the officer or by city tag, the animal’s owner will be contacted to have the animal returned home. If not able to contact or the owner is unknown, the animal will be placed in pound The animal’s owner will have to pay a pound fee set by resolution of the city council before animal is released.

(2)   Second Offense - Officer will write a citation to owner for at-large. Officer will again attempt to return animal to its home, if unable, the dog will be placed in the pound. Court advised, fine will be waived, however, owner will have to pay a pound fee set by resolution by the city council before the animal is released.

(3)   Third and Subsequent Offenses - Officer will issue NTA to owner for at-large. Officer will attempt to return animal to its home, if unable, the animal will be placed in the pound Court advised, fine to be determined by the court, not to exceed $500, court costs as may be set by resolution of the city council, and any impound fees will have to be paid prior to release of animal if impounded

(g)   Any dog or cat 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 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 2006)

If any dog or cat is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-207 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 or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year.

(Code 2006)

Any unspayed female dog or cat in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or cat or dogs or cats may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisances, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

(Code 2006)

Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs or cats kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals.

(Code 2006)

(a)   It shall be unlawful to keep, harbor, own, or in any way possess within the-City Limits of St John, Kansas, any “Pit Bull”, “Rottweiler” “Presa Canario” and “Chow” breed of dog. For purposes of this section, “Pit Bull,” “Rottweiler,” “Presa Canario” and “Chow” breed of dog are defined to mean the following:

(1)   “Pit Bull”

(A)  The Staffordshire bull terrier breed of dog;

(B)   The American pit bull terrier breed of dog;

(C)   The American Staffordshire terrier breed of dog;

(D)  Any dog which has the appearance and characteristics of being predominately of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or a combination of any of these breeds.

(2)   “Rottweiler” - Any dog which has an appearance and characteristics of being predominately of the breed of a Rottweiler or of mixed bloodlines thereof.

(3)   “Presa Canario” - Any dog which has an appearance and characteristics of being predominately of the breed of Presa Canario or of mixed bloodlines thereof.

(4)   “Chow” - Any dog which has an appearance and characteristics of being predominately of the breed of Chow or of mixed bloodlines thereof.

(b)   VIOLATIONS AND PENALTIES. Any person violating or permitting the violation of any provision of this ordinance shall upon conviction in municipal court be deemed guilty of a Class C misdemeanor and be fined or sentenced as such under the city code. Further, the animal shall immediately be impounded and the costs of such impoundment, including veterinarian expenses, shall be b6me by the person found to have violated this ordinance. Thereafter the owner or other person legally responsible shall have seven days in which to find a location for such animal or dog outside the city limits of the City of St. John, Kansas. If no location is found for such animal, then the court shall order the animal euthanized and the expense thereof shall also be borne by the owner or legally responsible person. Should the owner or other legally responsible person choose to remove the dog from the corporate city limits, prior to such removal, the dog shall be identified by means of an identification mark placed on the animal or by the implantation of an identification chip at the expense of the owner or party.

(c)   SEVERABILITY. If any section, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance.

(Code 2006)

(a)   Definitions as used in this section:

(1)   “Picket” means attaching a leash, rope, chain, lead, tether or other similar apparatus or device to the body of an animal and other object for the purpose of confining the animal or limiting the movement of the animal.

(2)   “Owner” means the person who harbors the animal and/or has a license to keep the animal.

(3)   “Person” means any individual, firm, association, joint stock company, syndicate, partnership or corporation.

(b)   It shall be unlawful for any person to continuously picket a dog for more than one continuous hour, except that picketing of the same dog may resume after a hiatus of three continuous hours, for up to three hours total time on picket per day.

(1)   For the purpose of picketing a dog, a chain, leash, rope or tether shall be at least ten feet in length.

(2)   A chain, leash, rope collaring device, tether, or any assembly or attachments thereto used to picket a dog shall not weigh more than one eighth of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area picketed.

(3)   Dogs shall be picketed in such a manner as to prevent injury, strangulation, or entanglement on fences, trees, or other man-made or natural obstacles.

(4)   It shall also be unlawful to attach chains, or other tether restraint implements directly to a dog without the proper use of a collar, harness, or other device designed for that purpose and made: from material that prevents injury to the animal.

(e)   Violation of this section shall be punishable by a fine not to exceed $100.00 per day for every day said dog is picketed in violation of this section.

(Code 2006)