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

The governing body of the City of Eudora, Kansas, hereby finds that, to protect and to preserve the public health, safety, and welfare, it is necessary to establish regulations governing the ownership, keeping, harboring, and maintenance of dogs within the city limits.

(Ord. 769; Code 2016)

Any person owning, keeping or harboring any dog, six months old or older, within the corporate limits of the city, shall procure from the city clerk, on or before the first day of January in each year, a tag for each dog. Such owner shall pay a yearly fee, set by resolution of the governing body from time to time, and shall receive a receipt from the city clerk for the sum so paid. There shall be allowed a 50 percent reduction on the tax for dogs becoming six months old after the first day of the following July and for dogs brought into the city after the first of July each year, such tax to be paid within 30 days after the dog is brought into the city.

(Ord. 769; Ord. 808; Code 2016)

The city clerk shall give notice, by publication or mailing, on or before the first day of January of each year, warning all persons owning, keeping, harboring, or maintaining dogs to pay the licensing fee required by section 2-202 of this article.

(Ord. 769; Code 2016)

As set forth in section 2-202 of this article, all dogs, six (6) months of age or older, shall be vaccinated against rabies. Before any tag shall be given to any dog, the person owning, keeping harboring, or maintaining any dog must show, by presenting to the city clerk, the certificate of a regularly licensed veterinarian, that the dog to be licensed is currently immunized against rabies.

(Ord. 769; Code 2016)

It shall be the duty of the city clerk to procure, at the expense of the city, such number of suitable metallic tags, numbered serially and with the license year showing thereon, as may be necessary. It shall also be the duty of the city clerk to procure and maintain a suitable register in which the city clerk shall keep a record of the names of all persons to whom dog licenses are issued, together with the names and descriptions of the dogs licensed, and the tag numbers assigned to said dogs. The city clerk shall issue a receipt for all licensing fees received.

(Ord. 769; Code 2016)

Any person owning, keeping, harboring, or maintaining a dog within the city limits shall cause such dog to wear, at all times, a collar or harness to which shall be affixed a current tag, as provided in section 2-202 of this article. The tag shall be affixed to the collar or harness of the dog in such a manner that the tag shall at all times be easily visible to officers or other agents of the city.

(Ord. 769; Code 2016)

It shall be unlawful for any person to counterfeit the tags provided for in section 2-202 of this article with the intent thereby to defraud the city. It shall be unlawful to take or steal from any dog a tag, purchased and placed on such dog by the owner or keeper thereof.

(Ord. 769; Code 2016)

It shall be unlawful for any person to have, keep, harbor, maintain, or cause to be kept, harbored, or maintained, for more than twenty four (24) hours, within the city limits, any dog upon which a tag for the current year is not displayed.

(Ord. 769; Code 2016)

(a)   It shall be unlawful for any person owning, keeping, harboring, or maintaining any dog, to permit such dog to run at large within the city limits. A dog shall not be deemed to be running at large if:

(1)   The dog is firmly attached to a leash or chain under the physical control of its owner or keeper;

(2)   The dog is within a structure or within a fence enclosure with the permission of the owner or keeper of the structure or fence enclosure; or

(3)   The dog has an operating electronic collar and is under the charge, care, or control of its owner or keeper, who is operating an electronic pet containment system or electronic training system for the animal.

(b)   Any dog on property without the permission of the property owner shall be deemed to be a dog running at large and the owner of such dog shall be in violation of this section.

(c)   The provisions of this section shall not apply to persons, who have a physical disability or visual impairment, who are using service dogs, and who can provide adequate documentation, upon demand of an animal control officer or law enforcement officer, that the service dog is an animal trained by an accredited institution that trains dogs for service work assisting the physically disabled or visually impaired.

(d)   Any person found guilty of permitting an animal to run at large in violation of this section shall be fined an amount as set by resolution of the governing body from time to time. The municipal judge shall have no authority to suspend the fine or any portion of the fine established by this section. The fine shall be in addition to any applicable court costs, impoundment fees, or licensing fees. The Humane Society or other impoundment facility shall not release an animal to its owner if the owner has failed to pay a fine or licensing fee or has failed to appear in municipal court for the adjudication of any charged violation of this section.

(Ord. 769; Code 2016)

(a)   It shall be a separate offense for any person to receive four (4) or more citations for violation of section 2-209 within a twenty four (24) month consecutive period. Such person shall be cited as a habitual violator. Any person found guilty of being a habitual violator in violation of this section shall be fined an amount set by resolution of the governing body from time to time. The municipal judge shall have no authority to suspend the minimum fine or any portion of the minimum fine. A person cited for violation of this section shall be required to appear in person in municipal court.

(b)   It shall be a defense to any charged violation of this section if, under any citation issued under section 2-209, the defendant was adjudged not guilty of the charge or if the charge was otherwise dismissed.

(Ord. 769; Code 2016)

An animal control officer or law enforcement officer may pursue and capture any dog found to be running at large as defined in section 2-209 of this article. The officer shall have the authority to enter upon private property to effectuate capture. However, the officer shall not enter into any secured, fenced area or any structure located on private property.

(Ord. 769; Code 2016)

The animal control officer, or other designated agent of the city, shall take up and impound any dog running at large within the city limits of Eudora, Kansas, or any dog found any place within said city not wearing the tag as required by section 2-206 of this article. Any dog so impounded shall be kept at a secure place in the city for a period of four (4) days (96 hours) from the time of such impoundment, unless redeemed earlier in accordance with section 2-213 of this article.

If the impounded dog is not redeemed by the end of the fourth day following impoundment, the animal control officer, or other designated agent of the city, shall contact the Lawrence Humane Society, Inc., Lawrence, Kansas (hereinafter, “Humane Society”), and request that it house the impounded dog for a period of three (3) additional days. If the Humane Society declines to receive the impounded dog, the city may destroy the impounded dog by any humane means. If the Humane Society agrees to receive the impounded dog, the city shall have no further control over the impounded dog. If the dog is redeemed, the redeeming party must pay all charges imposed and do all things required by the Humane Society, together with doing all things and paying all amounts required by section 2-213 of this article, before redemption can be affected. If the impounded dog is not redeemed from the Humane Society, it shall make such disposition of the dog as is provided by its rules and regulations.

(Ord. 769; Code 2016)

An owner wishing to redeem his or her dog that has been impounded by the city shall pay to the city clerk the amount of the dog tax provided in section 2-201, unless the dog tax shall have been earlier paid for the current year. The city clerk will issue a receipt showing the dog tax for the current year to have been paid in full and if necessary the city clerk will issue a duplicate tag for the dog so impounded. In no case shall the city clerk issue more than one duplicate tag per calendar year for the same dog unless the owner shall pay the fee, set by resolution, for the second and each subsequent duplicate dog tag issued for said dog in one calendar year. In addition to the dog tax, the owner wishing to redeem his or her dog shall pay to the city clerk such fees, set by resolution, for the first and subsequent times such dog is retrieved from impoundment, including the cost of feeding the dog. When the owner of an impounded dog presents the animal control officer with a current dog tag and a receipt from the city clerk showing all required costs and charges have been paid, together with proof of compliance with the requirements of section 2-302 of the Code of the City of Eudora, Kansas (2000), if applicable, the animal control officer will release the impounded dog to its owner.

(Ord. 769; Ord. 785; Ord. 808; Code 2016)

It shall be unlawful for any person to break open, to aid, assist, counsel, or advise the breaking open of the city pound, to take or let out, or attempt to take or let out, any dog placed in the city pound by the animal control officer or other agent of the city, except when done by an officer, duly authorized by law, or to hinder or oppose the animal control officer or other agent of the city in taking up any dog.

(Ord. 769; Code 2016)

Any person engaged in the business of raising dogs or any person, who shall own, keep, harbor, or maintain within the city limits four or more dogs, shall make application to the city clerk for a license to operate a kennel. The city clerk shall grant a license to operate a kennel upon receipt of the application fee. Such fee shall be set by resolution of the governing body from time to time. Kennels are limited to those areas zoned C-3.

(Ord. 769; Code 2016)

Any person granted a license to operate a kennel pursuant to section 2-215 of this article must annually renew such license. The amount of such fee shall be set by resolution of the governing body from time to time. The fee shall be paid to the city clerk on or before the first day of January of each year.

(Ord. 769; Code 2016)

Any person licensed to operate a kennel pursuant to section 2-215 of this article and who has paid, if applicable, the licensing renewal fee as required by section 2-216 of this article, shall be exempt from paying the dog licensing fee required by section 2-202 of this article. Any exempt dogs shall, however, be confined at all times to the premises of the owner or keeper thereof, unless the dog has been licensed and received a tag in accordance with section 2-202 of this article.

(Ord. 769; Code 2016)

No person shall own, keep, or possess within the city limits any dog, or other animal, which, by creating a noise for prolonged periods of time by day or night, disturbs the peace and quiet of any person or family within the city.

(Ord. 769; Code 2016)

Whenever danger to the public safety from rabid dogs is imminent, the mayor is hereby authorized to issue a proclamation ordering all persons owning, keeping, harboring, or maintaining within the city limits any dog, to muzzle the dog with a wire muzzle completely enclosing the head of the dog, or to confine the dog in an enclosure from which the dog cannot escape, or to fasten the dog securely on the premises where the owner, harborer, keeper, or maintainer resides. It shall be unlawful for any person to disobey any such proclamation. The animal control officer, or any other duly authorized agent of the city, shall be authorized to kill any dog found upon any street, alley, or public place, with or without its owner or keeper, during the time the proclamation is in effect, unless such dog is securely muzzled.

(Ord. 769; Code 2016)

(a)   OWNER KNOWN. Upon receipt of notification from a duly licensed practitioner of medicine or registered nurse that a dog bite incident has occurred, the animal control officer or other authorized agent of the city shall make reasonable effort to contact the owner of the dog involved in the incident and advise the owner to place the dog immediately with a regularly licensed and practicing veterinarian of the owner’s choice for a confinement period of a minimum of ten (10) days from the time of the occurrence of the bite. The exact period of confinement may, at the discretion of the veterinarian, exceed ten (10) days and the owner shall be liable for all costs associated with the confinement.

(b)   FAILURE TO COMPLY. Any owner who shall fail to comply with the provisions of this section, within twenty four (24) hours or one (1) business day of notification shall be deemed in violation of this article and the officer shall take such animal into custody and commit it for the above-described confinement period.

(c)   OWNER UNKNOWN. Biting animals for which an owner cannot be located shall be taken into custody by the animal control officer or other authorized agent of the city and confined for observation. If the bite to the victim is on the neck or head, or if the dog is behaving strangely or is ill, the dog shall be held for twenty four (24) hours before being destroyed in any humane fashion. If the bite to the victim is not on the neck or head, and if the dog is not behaving strangely or is not ill, the dog shall be held for three (3) days before being destroyed in any humane fashion. If the owner claims the animal, the provisions of subsection (a) shall govern confinement of the dog.

(d)   NOTIFICATION. Should any such dog become ill, die, or be destroyed within the confinement period, the bite victim or the victim’s representative shall be notified by the city and the city shall direct further management of the dog or dog remains. If the dog is alive and well at the end of the confinement period, the bite victim or the victim’s representative shall likewise be notified by the city.

(e)   STATE LAW. Kansas Administrative Regulations (K.A.R.) 28-1-13, and amendments thereto, shall be followed concerning the isolation of biting dogs for observation, examination, and quarantine, unless the provisions of this article require more stringent procedures.

(Ord. 769; Code 2016)

It is hereby made the duty of the animal control officer, or anyone having the authority of an animal control officer, including but not limited to law enforcement officers, to enforce the terms and provisions of this article. The animal control officer and other authorized agents of the city are hereby authorized to issue citations to owner of and/or impound any dog found in violation of the terms of this article. Any person having personal knowledge of the violations of any provisions of this article may make a verified complaint of the facts, showing a violation of this article, before the municipal court judge and upon the filing of such a complaint, the municipal court judge may issue proper legal process to enforce the penalties provided specifically in this article or, where not specifically provided herein, the penalties provided in section 1-111.

(Ord. 769; Code 2016)