(a)   It shall be the duty of any person in the city owning any cat or dog over 120 days of age to register such cat or dog with the city clerk or the clerk’s designee. In no event shall any person be permitted to have more than four domestic pets registered within the corporate limits of the city pursuant to the terms of this article. The city clerk may delegate authority to the animal control officer to enforce any section of this article requiring registration.

(b)   Any other section of this article notwithstanding, the registration provision of this section shall not apply to the nonresident owner of any cat or dog while such person is visiting or temporarily remaining within the city for less than 30 days, provided such cat or dog shall remain on a leash or otherwise effectively restrained while with the city.

(c)   All persons owning, keeping or harboring cats and/or dogs in the city shall pay an annual license fee for said cats and/or dogs as established in the city’s fee resolution. The fiscal year for unlicensed cats and dogs in the city shall be from January 1 to December 31 of each year, and shall be delinquent and subject to the added penalty as established in the city’s fee resolution on each cat or dog from and after February 1 of each year; and the further sum in an amount established in the city’s fee resolution on each cat or dog from and after the first day of each month thereafter that the same is delinquent; provided, however, that the owner, keeper, or harborer of cats or dogs that are required to be registered under the provisions of this article shall not be subject to the penalty of this section if the owner signs an affidavit that such cats or dogs were born or brought into the city after February 1. It shall be unlawful for any owner, keeper or harborer to fail, refuse or neglect to cause such cat or dog to be registered by the city clerk and every person who is convicted of a violation this section shall be deemed guilty of a misdemeanor.

(d)   Registration shall be accomplished at the office of the city clerk, either in person or by mail, at any time during the year that a cat or dog reaches the age required for registration, within 30 days after an owner acquires a cat or dog of required registration age, or within 30 days after a person owning a cat or dog of required registration age moves into the city.

(e)   The city clerk shall issue a license to such owner upon presentation of:

(1)   A certificate of vaccination issued by a licensed veterinarian or the veterinarian’s agent; and

(2)   Payment of the prescribed registration fees.

(f)    All cats and dogs so owned in any household shall be registered in the name of the same household head.

(g)   The receipt issued for the registration shall constitute a certificate of registry and evidence of authorization for the keeping of such dog or cat with the city, until registration is due again.

(h)   At the time of the issuance of any certificate of registry the city clerk shall deliver therewith a registration tag bearing the registration number of such certificate. The tag shall be kept on the animal as required by this article. A replacement tag shall be furnished by the city clerk to any registrant upon application satisfactory to the city clerk and payment of a fee in an amount established in the city’s fee resolution. Upon change of animal ownership, any person acquiring any cat or dog currently registered with the city shall apply to the city clerk to transfer such registration to such persons name upon payment of a fee in an amount established in the city’s fee resolution.

(i)    Any veterinarian practicing with the city, upon the examination or treatment of any cat or dog that is required by this article to be registered, but whose owner cannot validate current registration, shall issue to the owner of such animal a registration application and instructions for accomplishing such registration by mail. The clerk shall provide all veterinarians with the aforementioned registration forms upon request by such veterinarian.

(j)    The city clerk shall keep on file a copy of all certificates of registry issued, within the preceding 36 months. Such certificates shall include, but not be limited to, the following information:

(1)   The owner’s name, address, telephone number, and an alternate phone number;

(2)   A description of the cat or dog, including name, breed, color, age, weight, sex and neutered or unneutered status; notation of proper microchip information or tattoo marking, if applicable;

(k)   The city clerk shall provide duplicate registration records to the animal control officer, which shall include monthly reports of new registrations and reports of licenses issued to commercial animal establishments.

(Ord. 3163, § 18, 12-13-94; Ord. 3328, § 1, 5-17-05; Ord 3456, 3-28-16; Code 2016, Sec. 10-126)

(a)   Withholding or falsifying information on an application for a license or registration required by this article shall be grounds for denial or revocation of such license or registration.

(b)   Any person having been denied a license or registration may not reapply for a period of 30 days.

(c)   No person who has been convicted of cruelty to animals shall be issued a registration or a license.

(d)   It shall be a condition of the issuance of any license or registration that the animal control officer shall be permitted to inspect all animals and all premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the license or registration.

(e)   Any person whose license or registration is revoked shall, within ten days thereafter, surrender any animal owned or kept to the animal control officer, who shall determine its disposition, and no part of the license or registration fee shall be refunded.

(f)    The animal control officer may revoke any license or registration upon ten days’ notice to the licensee or registrant. No license or registration shall be revoked except after a hearing which date and time shall be specified in the notice.

(g)   Any person aggrieved by the denial or revocation of a license or registration may appeal to the governing body upon written statements within ten days of such revocation or denial, which the body may, upon a hearing and reasonable notice to interested parties, either issue, reinstate or affirm the denial of such license or registration.

(Ord. 3163, § 19, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-127)

The owner of any female cat or dog shall, during the period that such animal is in heat, keep it securely confined and enclosed.

Any un-spayed 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 the 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 and that is not properly confined, or any such animal that is creating a neighborhood nuisance, 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. 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 in accordance with this chapter. A violation of this section is a Class C misdemeanor.

(Ord. 3163, § 13, 12-13-94; Ord 2456, 3-28-16; Code 2016, Sec. 10-128)

It shall be unlawful for any person owning any cat or dog to permit such animal to be outside the residence structure of such owner without a current city registration tag attached to the collar or harness of such animal or proper tattoo. It shall be unlawful for any person to permit city registration or rabies vaccination tag to be worn by any animal other than the animal for which such tag is issued.

(Ord. 3163, § 9, 12-13-94; Code 2016, Sec. 10-129)

(a)   Any person owning a trained guard dog (for the purposes of this section such term shall mean a dog used to guard public or private property) in the city shall register such dog with the Code Office who shall verify that such animal is confined in a manner that will not endanger persons not on the premises being guarded.

(b)   A conspicuous notice shall be posted on the premises where any guard dog is kept to warn persons of the nature of the dog therein confined.

(c)   Any person operating a guard dog service in the city shall register such business with the city clerk’s office and shall list all premises to be guarded with the chief of police before such service begins.

(Ord. 3163, § 14, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-130)

Any person owning any cat or dog over 120 days of age shall be required to have such animal currently immunized against rabies. For the purpose of this section, the expression “currently immunized or vaccinated against rabies” shall mean that such dog has been inoculated against rabies by a licensed veterinarian and that the certificate of vaccination is current.

(Ord. 3163, § 15, 12-13-94; Code 2016, Sec. 10-131)

(a)   The city hereby incorporates Dr. Ian Dunbar’s Dog Bite Scale as reproduced herein, to wit:

(1)   Level 1. Obnoxious or aggressive behavior but no skin contact by teeth.

(2)   Level 2.  Skin contact by teeth but no skin puncture.  However, maybe skin nicks (less than one-tenth of an inch deep) and slight bleeding caused by forward or lateral movement of teeth against the skin, but no vertical punctures.

(3)   Level 3. One to four punctures from a single bite with no puncture deeper than half the length of the dog’s canine teeth.  Maybe lacerations in a single direction, caused by the victim pulling the hand away or, the owner pulling the dog away.  Or gravity (little dog jumps, bites, and drops to the floor).

(4)   Level 4. One to four punctures from a single bite with at least one puncture deeper than half the length of the dog’s canine teeth.  It may also have deep bruising around the wound (the dog held on and bore down) or lacerations in both directions (the dog held on and shook its head from side to side).

(5)   Level 5. Multiple bite incidents with at least two Level 4 bites or multiple attack incidents with at least one Level 4 bite in each.

(6)   Level 6. Victim dead.

(b)   Law Enforcement or Code Enforcement shall be authorized to cite owners of animals that engage in behaviors identified in the Dunbar Dog Bite Scale, and such shall be categorized as follows:

(1)   Nuisance animals shall be defined as animals that fall into Level 1 or 2 of the dog bite scale.

(2)   Dangerous animals shall be defined as animals that fall into levels 2, 3, or 4 of the Dunbar Bite Scale.

(3)   Vicious animals shall be defined as animals that fall into levels 4, 5, or 6 of the Dunbar Bite Scale.

(4)   At the hearing in Municipal Court, the City shall have the burden of proof to show by clear and convincing evidence that the animal is dangerous according to the subsection (a) and that the animal is begin kept or harbored within the city limits.  The parties may present relevant evidence at the hearing as to whether the animal is dangerous and the appropriate disposition of the animal.

(Ord. 3163, § 10(b), (c), 12-13-94; Ord. 3319, § 1, 2-10-04; Ord 3456, 3-28-16; Code 2016, Sec. 10-132; Ord. 3524)

(a)   If an animal is adjudicated as a Dangerous Animal, the Court may order any, a combination of, or all of the following dispositions:

(1)   The owner or keeper of the dangerous animal shall be responsible for all costs associated with the identification requirements.  All canines in this category shall obtain these identifiers upon the animal reaching 120 days of age.

(2)   Leash and muzzle.  No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than three feet in length.  No person shall permit a dangerous dog to be kept on a chain, rope or another type of leash outside its kennel or pen unless a person is in physical control of the leash.  Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc.  In addition, all dangerous dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dogs from biting persons or other animals.

(3)   Confinement.  The animal may be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in subsection (2) of this section.  Such a pen, kennel or structure must have secure sides and a secure top attached to the sides.  All structures used to confine dangerous dogs must be locked with a key or combination lock when such animals are within the structure.  Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet.  All structures erected to house dangerous dogs must comply with all zoning and building regulations of the city.  All such structures must be adequately lighted and ventilated and kept in a clean sanitary condition.  No dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such a building of its own volition.  In addition, no such animal may be kept in a house or structure where windows are open or screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.

(4)   Dangerous animals shall also have “Dangerous Animal” signs posted on the front and rear of the property.  If the dangerous animal is being walked outside the home, it must be restrained on a leash of no longer than three feet in length and of sufficient ensile strength to restrain the animal.

(5)   The animal owners must be ordered to carry no less than $250,000.00 liability insurance for each dog deemed dangerous  The owner of said animal shall file a copy of said certificate of insurance with the city, with said copy to reflect the amount of coverage and the dates of coverage.

(6)   An order requiring the animal to be maintained in excess of 400 feet of any school, park, or public playground.

(7)   The Court may consider evidence of animal rehabilitation or owner training in cases of dangerous animals or may order the same as conditions of any lawful disposition.

(b)   An animal that is adjudicated as a Vicious animal, the Court may order any, a combination of, or all of the following dispositions:

(1)   An animal that is adjudicated as vicious shall not be within the corporate limits if Iola, Kansas.

(2)   An animal that is adjudicated as vicious may be euthanized or humanely destroyed as a lawful disposition of the municipal court.

(Ord. 3319, § 1, 2-10-04; Code 2016, Sec. 10-133, Ord. 3524)

(a)   Any sick or injured cat or dog found at large in the city wearing a current city registration or rabies vaccination tag or current microchip shall be taken at once by the animal control officer or the chief of police to a veterinarian for examination and treatment, and the owner of such animal shall be promptly notified. All charges for veterinary services shall be borne by such owner.

(b)   Any sick, injured or disabled cat or dog found at large in the city without such identifying tag or microchip shall be disposed of in a humane manner.

(Ord. 3163, § 6, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-134)

(a)   Upon the taking of any cat or dog wearing a current city registration or rabies vaccination tag or current microchip, the animal control officer shall notify the owner of such animal of its impoundment and conditions under with the animal can be recovered.  Such notice shall be given by telephone or in writing within 48 hours of the impoundment of such animal.

(b)   It shall be unlawful for any person not duly authorized to do so to break open or attempt to break open any enclosure in which dogs or cats are confined or held pursuant to the provisions of the enforcement of this article.

(c)   Upon an allegation of a dangerous or vicious animal, a code enforcement or law enforcement officer shall be authorized to take and impound any cat or dog that its subject to such charge, and such animal shall stay in the impoundment of the city until such matter may be brought before the municipal judge at the next regularly scheduled docket day that such court is in session, at which time the Court shall be authorized to allow for any lawful disposition of the animal pending trial.

(1)   Reasonable efforts shall be attempted to locate the owner of any animal impounded under this article.

(2)   If no owner is identified in a reasonable time period from impoundment, the Court shall have discretion in the disposition of the animal at a regularly occurring docket setting and upon the advice of the city prosecutor and/or city law or code enforcement officers involved in the impound of the animal.

(d)   In all such impoundments as contemplated by this section, the costs of the impoundment shall be assessed to the owner of the impounded animal and shall be paid before the animal is released to its owner.

(Ord. 3163, § 20, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-156; Ord. 3524)

The owner of any impounded dog or cat who does not recover such animal may still be processed against for violation of any provisions of this article.

(Ord. 3163, § 21, 12-13-94; Code 2016, Sec. 10-157)

(a)   The owner of any impounded cat or dog properly identified as prescribed in section 2-410 shall be given three days to recover such animal. The owner of any impounded cat or dog not so identified shall be given three business days to recover such animal. Exemptions to these holding periods shall be authorized when:

(1)   Any cat or dog is given to be disposed of by its owner;

(2)   Any owner, upon notification of impoundment, declares intention not to recover such animal; or

(3)   Any cat or dog not having proper identification arrives at the shelter in such a condition that, in the judgement of the animal control officer, compassion requires that such animal be promptly and humanely euthanized.

(b)   The owner of any animal given to the animal control officer to be disposed of shall be required to make payment of a fee established by agreement with the keeper of the city pound.

(c)   Any cat or dog not recovered by its owner within the prescribed holding period shall become the property of the city and may be adopted, transferred to a duly incorporated humane society or humanely euthanized.

(Ord. 3163, § 22, 12-13-94; Ord 3456, 3-28-16; Code 2016, Sec. 10-158)

(a)   Except as provided, any owner of an impounded dog or cat shall be entitled to recover such animal if within the prescribed holding period, such person shall appear to claim such animal and shall make payment of the required fees. An owner redeeming a dog or cat from impoundment shall pay, before release, an impoundment fee in an amount established by the city’s fee resolution, plus a boarding fee established by agreement with the keeper of the city pound for each 24 hours or fraction thereof that the dog or cat has been impounded.

(b)   If an owner cannot validate current rabies immunization and city license for the animal, then such animal shall be vaccinated and properly licensed prior to being released from the pound.

(Ord. 3163, § 23, 12-13-94; Code 2016, Sec. 10-159)