CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 2. Dogs and Other Animals

(a)   All owners, harborers, or keepers of dogs of at least six (6) months in age which are kept, maintained or harbored within the city shall register the ownership of each such dog with the city. Such registration shall be done on an annual basis and all registration fees shall be paid as established by Chapter 17 of this code. It shall be unlawful for any such owner, harborer, or keeper to fail to register as required by this section, to fail to maintain current registration for each such dog or to fail to register such dog no later than thirty (30) days following the date upon which such dog was acquired or brought into the city. The failure to register within the time limits established by this section shall result in the assessment of the penalty fee established by Chapter 17 of this code and such fee shall be in addition to, and not in lieu of, the registration fees required by this section and any fines or penalties that may be assessed for violations of this article.

(b)   There shall be collected by the city, pursuant to the means specified in this section and in the amounts established by Chapter 17 of this code, an annual registration fee for each neutered male dog, each spayed female dog, or a fee for each unneutered male dog or unsprayed female dog.

(c)   The owner of any dog registered as a service dog for the disabled, which is trained to aid disabled persons, or which performs law enforcement or security functions for a government entity shall not be subject to the annual registration fees established herein, but shall remain subject to all other provisions of this article.

(d)   The city may authorize any doctor of veterinary medicine holding a valid license to practice issued by the state of Kansas and who vaccinates dogs owned, kept or harbored within the city against rabies to collect, at the time of such vaccination, the payment required by this section. Any veterinarian who collects such fee shall certify the payment thereof by affixing the designation “PAID” to the forms described herein which shall be provided by the city, together with a stamp for affixing said designation. Fees collected by authorized veterinarians shall be forwarded to the city clerk within five (5) days after the last day of each month in which fees are collected. In lieu of tendering payment of such fees to an authorized veterinarian, owners of dogs may tender such fees to the city clerk, together with the forms prescribed by this section which shall have been completed by an authorized veterinarian and to which such veterinarian has affixed the designation “UNPAID” by use of a stamp provided by the city.

(e)   A tag of durable material shall be issued to the owner of any dog vaccinated for rabies and which is subject to the annual license fee requirements of this article and for which such fees have been paid. Such tags shall also be issued to the owner of any animal expressly excepted from the fee requirement by any provision of this Chapter. Any owner to whom such tags are issued shall thereafter cause such tags to be attached to a suitable collar or harness which shall bear an identification number unique to the tag and animal.

(f)   The city shall provide to veterinarians authorized to collect the fees required by this section forms upon which the veterinarians shall record vaccinated animals’ descriptions; the name, address and telephone number of the animal’s owner; rabies vaccination date; number of the tag required by subsection (e) of this section; the name of the vaccinating veterinarian of such veterinarian’s clinic or hospital; the vaccinated animal’s registration number; and whether such animal has been spayed or neutered. Such forms shall constitute, from and after payment of the fees required by this section, a license and certification of the rabies vaccination required herein.

(Code 1984; Ord. 146-L; 146-N; 146-M; Code 2003; Code 2004; Ord. 851; Ord. 860, Ord. 865)

(a)   All dogs exceeding six (6) months in age and kept, maintained, or harbored within the city shall be inoculated by a licensed veterinarian against rabies no less frequently than once per year, or such veterinarian shall certify that it is injurious to the dog’s health to receive such vaccination due to its age or health. An owner acquiring a dog shall have such dog inoculated against rabies within thirty (30) days after acquiring such animal or within thirty (30) days after such animal reaches six (6) months of age, whichever occurs last, and shall obtain a rabies vaccination tag in accordance with this article. Any person moving into the city from a location outside the city shall comply with this section no later than thirty (30) days after having moved to the city.

(b)   All owners of dogs kept, harbored or maintained within the city shall maintain upon each such animal they own a collar or harness to which its rabies tag shall be attached.

(c)   It is unlawful for any person to harbor any dog which has not been vaccinated for rabies as provided by this article or which cannot be identified as having a current vaccination against rabies.

(d)   No person shall affix to the collar or harness of any dog, or permit to remain so affixed, a tag evidencing inoculation for any other dog.

(e)   The owner of any domesticated animal other than a rodent, rabbit, fowl, or reptile that has bitten any person or animal so as to cause an abrasion of the skin shall immediately report such bite to the animal control officer or police officer. The officer to whom such report is made shall consult with a licensed veterinarian or the county health department and shall thereafter direct the confinement of such animal for a period, which shall not be less than ten (10) consecutive days, as deemed warranted by the consulting veterinarian or county health department. Such confinement may be on the premises of the owner if deemed by the animal control officer, but must be within the city. If confinement does not occur on the premises of the owner, confinement shall be at the animal shelter or in a veterinary hospital of the owner’s choice. Any confinement shall be at the owner’s expense. In case an animal whose owner cannot be located, such confinement shall be at the animal shelter.

(f)   The owner of any animal reported to have inflicted a bite on any person shall, on demand of the animal control officer or a police officer, produce the animal for examination and confinement, as prescribed by this section. The owner of any such animal who refuses to produce it shall be subject to immediate arrest if there is probable cause to believe the animal has inflicted a bite upon a person, and such owner is keeping or harboring the animal and willfully refuses to produce the animal upon demand. Such person shall be taken before a judge of the municipal court, who may order the immediate production of the animal. If the owner of any animal shall willfully or knowingly hide or refuse to produce such animal, each day of such refusal constitute a separate violation of this article. It shall be unlawful to destroy or remove any such animal from the city before it can be properly confined pursuant to this article.

(g)   Every physician or healthcare provider who treats a person for animal bites shall report such treatment to the animal control officer. Such reports shall include the identity and address of any person so treated, and information regarding the animal suspected of having inflicted the bite and the owner thereof.

(h)   All owners, harborers, or keepers of dogs who present, or cause to be presented, any such animal to a veterinarian for vaccination against rabies shall notify such veterinarian if the animal is under confinement or subject to confinement pursuant to this article, or has bitten any person within the ten (10) calendar days immediately preceding such presentation. Whenever under any circumstance a licensed veterinarian shall determine that any animal is rabid, such veterinarian shall immediately report the diagnosis to the county health department. Such report shall include, but is not limited to, the animal’s description and, if known, it’s location, the identity and address of such animal’s owner, and the identity and address of any person believed to have been in contact with such animal. In the event any animal confined pursuant to this article shall die, the animal control officer, Chief of Police, or a designee, shall immediately cause a pathological examination and a search of the inoculation records of such animal to occur, arrange to receive a complete report of the results of such examination and search, and report the same to the county health department, together with any information concerning the identity and address of any person believed to have had contact with such animal.

(i)    Animals known or believed to have been bitten or exposed to a rabid animal shall be immediately confined by the animal control officer or any law enforcement officer and shall thereafter be destroyed or released upon proof of immunization and booster injection given by a licensed veterinarian at the expense of the owner of such animal. The owner of any animal so released shall be required to keep the animal under quarantine for a period of six (6) months or such other period as may deemed necessary by the Chief of Police in consultation with a licensed veterinarian.

(Code 1984; Ord. 851; Code 2008)

No guard dog shall be placed, kept or maintained at any location within the city for the protection of persons or property unless:

(a)   Such guard dog is under the complete control of its handler at all times, or such dog is confined to an enclosed area sufficient in design and construction to ensure such dog shall not escape; provided that any such dog placed, kept or maintained in a residential area shall be confined within a six (6) foot high fence with an enclosed top which is separated from any property line fence, and such enclosure has been approved by the Chief of Police, animal control officer, or designee; and

(b)   Warning signs shall be conspicuously posted indicating the presence of guard dogs and such signs shall plainly identify a telephone number by which to contact at all times a person or entity responsible for controlling such guard dogs.

(Code 1984; Ord. 851)

When any dog defecates upon any property not belonging to its owner or keeper, including common areas of condominiums, townhouses or apartments, it shall be the duty of the owner or keeper of such dog to promptly remove and dispose of such feces.

(Code 1984, Ord. 851)

No person, entity, or household shall harbor more than a total of four (4) pet animals, including dogs, cats, pot belly pigs, and/or pygmy goats or combination thereof, which are in excess of 6 months of age. This provision shall not apply to animals maintained in an aquarium, that do not exceed one (1) lb., in accordance with humane maintenance of such pets, including fish, small rodents, and small reptiles.

(Code 2015; Code 2022)

(a)   No person, entity or household shall continuously picket a dog for more than one (1) continuous hour, except that picketing of the same dog may resume after a hiatus of three (3) consecutive hours, for up to three (3) hours total time on picket per day.

(b)   For the purpose of picketing a dog, a chain, leash, rope or tether shall be at least ten (10) feet in length, but shall not be of a length to allow the dog to come within two feet of any property line.

(c)   A chain, leash, rope, collaring device, tether, or any assembly or attachments thereto used to picket a dog shall not weigh more than 1/8th of the animal’s body weight or due to weight, inhibit the free movement of the animal within the area picketed.

(d)   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.

(e)   It is 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 a material that prevents injury to the animal.

(Ord. 851)

(a)   The animal control officer shall have the duty and power to enforce all sections of this chapter.

(b)   It shall be the duty of the animal control officer, Chief of Police, or designee, to keep or cause to be kept records of the impoundment and disposition of all impounded animals and of animal bites reported to such officer.

(c)   Law enforcement is also authorized to enforce this Chapter.

(Code 1984; Code 2003; Ord. 851)

No person shall willfully hinder, obstruct or otherwise interfere with any city official, city employee, or employee of the Sedgwick County Health Department in the discharge of his or her duties under this chapter.

(Code 1984, Ord. 851)

(a)   The owner or occupant of any property within the city upon which any animal is running at large or creating a nuisance may request a humane trap from animal control or the police department, for placement on their own property for the purpose of capturing such animal. In addition, any animal control or police officer may place such traps if, at and within their discretion, they deem trapping to be necessary for the general health, welfare and safety of any person or persons.

(b)   Animal control or police officers shall remove dogs and wildlife caught in animal traps, however cats caught in the traps are the responsibility of the owner or occupant of the property to remove in a humane manner.

(c)   Animal control or police officers are authorized and empowered to use any tranquilizer gun, firearm, humane trap, or other suitable device to subdue, capture or destroy any animal that, at and within their discretion, they determine constitutes a danger to itself or to the general health, welfare and safety of any person or persons.

(d)   It shall be unlawful for any person or entity to set or cause to be set within the city any steel-jaw leg hold trap, snare, or any trap other than a humane trap for the purpose of capturing any wild or domesticated animal.

(Code 1984; Ord. 851; Code 2020)

(a)   Any animal deemed by an animal control or police officer to be in violation of any provision of this code or other applicable law may be taken into custody and humanely impounded by such officer. No animal may be destroyed during the first seventy-two (72) consecutive hours of such impoundment unless a licensed veterinarian determines that the destruction is necessary by virtue of serious injury, illness, disease or suffering. The owner of any impounded animal may be charged impound fees and food fees established by Chapter 17 of this code together with any other costs associated with impound including, but not limited to, costs to the city for veterinary care, and all such fees and costs shall be paid to the city before an animal is released to the owner from impound.

(b)   The animal control officer or animal shelter shall take reasonable steps to identify the owner of any animal impounded pursuant to this article and shall notify such owner as soon as may be practical after impoundment.

(c)   No animal impounded pursuant to the provisions of this article shall be released until its owner has paid all fees and charges due and arising from such impoundment, including, but not limited to, impoundment, boarding and veterinary costs and fees.

(d)   Any animal remaining impounded after seventy-two (72) consecutive hours of impoundment and which the owner thereof has failed to claim and make release arrangements, including the payment of all costs and fees provided for by this article, may be disposed of as determined by the Chief of Police, or designee. Any such disposal shall be accomplished in compliance with all applicable laws. Disposal by euthanasia shall be accomplished in a humane manner. Any owner who fails to claim an impounded animal after it has been confined for seventy-two (72) consecutive hours shall not, by virtue of such failure, be released from liability for the payment of all fees and costs provided for by this article including, but not limited to, costs and fees arising from the disposal by euthanasia of such animal.

(Code 1984; Ord. 781; Code 2003; Ord. 851)

It shall be unlawful for any person other than a duly authorized enforcement officer to break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an officer of this city any animal taken up by such officer pursuant to the provisions of this article, or to in any manner interfere with or hinder such officer in catching or taking up any animal.

(Code 1984; Sec. 2-117; Ord. 851)

(a)   It shall be unlawful for the owner, possessor or keeper of any dog to permit such dog, by loud and persistent or habitual barking, howling or yelping, to disturb any person or neighborhood, and the same is hereby declared to be a public nuisance.

(b)   Either the animal control officer of a law enforcement officer may issue a citation for violation of subsection (a) above upon receiving two complaints within two weeks for excessive barking by the same dog, or upon receiving one complaint and personally observing such excessive barking.

(c)   Complainants shall sign a written complaint noting the date and time of the barking, the length of the barking episode(s), the animal believed/known to be barking, and any additional relevant information concerning the excessive barking.

(d)   Animals who are found to bark excessively following teasing or harassment by neighbors shall not be found to have violated this section.

(Code 1984, Ord. 851; Code 2008)

Unless otherwise provided, any violation of this Chapter shall be punished in accordance with the General Penalty Provisions set forth in Chapter 1 of this Code.

(Code 2010)