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

(a)      Every owner, keeper or harborer of any dog over three months of age shall register his or her name with the name, sex and description of each dog, provided that all dogs belonging to the same household shall be registered in the name of the head of such household, and provided further, The city clerk or designated agent shall collect an annual license fee of $5 for each spayed/neutered dog, and $10 for each non-spayed/neutered dog. Replacement tags shall be issued for ½ price of current tags.

(b)     Upon registration, the owner, keeper or  harborer shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document.

(c)      The owner, keeper or harborer of any dog shall, at the time of applying for a license, present to the city clerk a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog has been neutered or spayed. Failure to register and inoculate a dog(s) is in violation of this section and a Class C violation.

(d)     The license year shall be from January 1st through December 31st of each year. The fee shall be payable before January 31st of each year. The dog owner shall register all dogs owned by him or her at the office of the city clerk or agent by January 31st of each year without penalty.

(e)      Late registration fees of $2 shall be collected by the city clerk or agent for each month in which the owner fails, neglects, or refuses to pay the registration fee. Any person acquiring a dog during the license year shall have 30 days to register such dog without penalty; and provided further, that new residents of the city or persons acquiring a dog or owning a dog that attains age of registration after January 1st of any year, shall have 30 days in which to register such dog at the regular fee and without penalty as set out in this section. If registered after July I st, then the fee shall be ½ the regular fee as set forth in this section. Failure to register is a Class C violation.

(Code 2006; Ord. 1214; Ord. 1335)

It shall be the duty of the city clerk or designated agent, upon receipt of the license tax herein before required, to keep in a book suitable for the registration of dogs, 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 a certificate in writing, stating that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the owner or keeper of the dog a tag with the registration number and the licensed year thereon, which shall be by the owner or keeper attached to the collar to be used on the dog so registered. When it shall be made to appear to the city clerk that any tag has become lost, he or she shall, upon presentation of the certificate, issue a duplicate of such tag upon the payment of ½ in which they paid for the current dog tag. It shall be unlawful for any person to counterfeit city dog tags, take off or remove the city license tag from any dog belonging to another, or remove the strap or collar on which the same is fastened. Failure to exhibit a tag on the dog is a Class C violation.

(Code 2006; Ord. 1214; Ord. 1335)

The provisions of this article with respect to registration 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 2006; Ord. 1214; Ord. 1335)

Any person desiring to redeem a dog impounded as provided by this article shall do so upon payment as follows:

(a)      The owner or owners of any dog with the required city license is to be fined for the following offenses for permitting his or her dog to run at-large, to wit: First offense - $20, Second offense - $20, third and subsequent offenses - $50, and that the fines are to be based upon a calendar year. The owner or owners of any dogs running at-large that have no city license are to be fined in the following amounts, to-wit: First offense or first time - $30, second offense -$30, third offense and subsequent offenses - $60 per calendar year. The owner or owners shall be responsible for payment of the fines and penalties.

(b)     In all cases, any person redeeming an impounded dog shall pay to the city clerk the sum set by the impound facility for each day or any portion thereof that the dog is impounded to defray the cost of maintenance.

(c)      Before any dog shall be released from impoundment, it will be necessary that the owner, harborer or keeper purchase a dog tag, if not previously done, to pay the impounding fee and to furnish a receipt from a veterinarian showing that the dog has been vaccinated for rabies.

(d)     Upon the owner, keeper, or harborer furnishing information as previously mentioned herein and paying the cost of the dog tag, the receipt showing the shots and the impounding charges, the city clerk shall then issue a release which will be furnished to the person in charge of impounding the dog, authorizing that the dog may then be released. No dog is to be released until a release slip has been obtained from the ofiice of the city clerk authorizing the release of the dog so impounded.

(Code 2006; Ord. 1214; Ord. 1335)

Any dog found in violation of the provisions of this article shall be subject to impoundment by the city. A record of all dogs impounded shall be kept by the city containing the following infonnation: color, sex. weight, height. identifying marks, registration number (if any) and the date and place of impoundment, publ ic notice of such posted in the city hall within 24 hours of taking such dog into custody.

(a)      If the dog 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. 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 given to the Lawrence Humane Society.

(b)     If the dog impounded has no current registration tag, it shall be kept for three full business days. If within that time the owner does not appear to claim the dog it may be sold, euthanized or given to the Lawrence Humane Society.

(c)      If within the impounding period, 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 the actual costs of impoundment, and upon compliance with the registration provisions of this article.

(d)     Any dog impounded may not be released without a current rabies vaccination.

(e)      lmpoundment 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.

(Code 2006; Ord. 1214; Ord. 1335)

(a)      No person or household shall own or harbor more than four dogs of six months of age or older or more than one litter of pups, or more than four cats of more than six months of age or more than one litter of kittens, or more than a total of four dogs and four cats more than six months of age or engage in the commercial business of breeding, buying selling, trading, training, or boarding cats or dogs or both cats and dogs, without having obtained a kennel license from the city clerk.

(b)     Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been by the animal control officer certifying approval of the kennel and compliance with the applicable laws of the city and the State of Kansas, and a certificate by the zoning code enforcement officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the city clerk has not received any protest against the kennel, the city clerk may issue a renewal of an existing kennel license at the same location without any report from the animal control officer and zoning code enforcement officer. Ifthe animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the city clerk, and the license shall not be renewed except after a public hearing before the city council.

(c)      The animal control officer, the zoning enforcement officer, or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.

(d)     The city council may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following:

(1)          The kennel is maintained in violation of any applicable law of the State of Kansas, or of the city.

(2)          The kennel is maintained so as to be a public nuisance.

(3)          The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(e)      The annual kennel license fee shall be $25. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this article.

(f)      This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.

(Code 2006; Ord. 1214; Ord. 1335)

Any unspayed female dog 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 dogs 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. Failure to comply with the order of the animal control officer shall be a violation of this article, and the animal will then be impounded by this chapter. A violation of this section is a Class C misdemeanor.

(Code 2006; Ord. 1214; Ord. 1335)

It is unlawful to attach chains, leashes, ropes, cables, or other tethers, restraints or 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. No person shall:

(a)      Continuously picket a dog for more than thirty continuous minutes without supervision;

(b)     Picket a dog, with a chain, leash, rope or tether less than ten (10) feet in length; or

(c)      Use a chain, leash, rope, collaring device, tether or any assembly or attachments thereto to picket a dog that shall weigh more than 1/8 of the animal's body weight, or due to weight, inhibit the free movement of the animal within the area picketed; or

(d)     Picket a dog in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees or other man-made or natural obstacles; or

(e)      Picket a dog without access to shade when sunlight is likely to cause overheating, or appropriate shelter to provide insulation and protection against cold and dampness when atmospheric temperature falls below 40 degrees Fahrenheit; or

(f)      Picket a dog in a bare area where earth is present and no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation.

(Code 2006; Ord. 1214; Ord. 1335)

(a)      If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-204 thereof, the animal control officer, any authorized law enforcement officer, any authori zed veterinarian, any authorized Lawrence Humane Society personnel, or any other duly authorized animal shelter personnel may destroy such dog or sell the same for the costs of impoundment and keeping. pl us any registration fee due for the current year.

(b)     No dog may be transferred to the permanent custody of a prospective owner unless:

(1)          Such dog has been surgically spayed or neutered before the physical transfer of the dog occurs; or

(2)          the prospective owner signs an agreement to have the dog spayed or neutered and deposits with the city not less than the lowest nor more than the highest cost of spaying or neutering in the community as determined by the city. Any funds deposited pursuant to such an agreement shall be refunded to such person upon presentation of a written statement signed by a licensed veterinarian that the dog has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the dog, the city shall keep the deposit and may reclaim the unspayed or unneutered dog.

(c)      Nothing in this section shall be construed to require sterilization of a dog which is being held by the city and which may be claimed by its rightful owner within the holding period established in section 2-204.

(Code 2006; Ord. 1214; Ord. 1335)

Notwithstanding any other provision of this Article to the contrary and irrespective of whether the dog has been declared dangerous pursuant to this Article, the Municipal Judge may order any dog destroyed if the Judge determines that the dog is an immediate threat to public health and safety and that confinement and registration of the dog by the owner or keeper of the dog as provided in this Article will not adequately protect public health and safety. No person shall harbor, own, or possess a dog that is an immediate threat to public health and safety. In making such determination the Judge may consider the severity of any relevant attack and such other relevant information. The Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Section to serve up to a maximum of six (6) months in jail and to pay a fine not exceed $1,000.00.

(Code 2006; Ord. 1214; Ord. 1335)