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

(a)      It shall be unlawful for the person owning or harboring any dog or cat over six months of age to fail to maintain effective rabies immunization of such dog or cat, unless such rabies immunization is specifically excepted within this Section. For purposes of this Section, immunization against rabies shall be conducted as set forth below:

(1)          Immunization must be performed by a person licensed to practice veterinary medicine in the State of Kansas.

(2)          Immunization must be with a prophylactic vaccine approved by the United States Department of Agriculture and listed in the current National Association of State and Public Health Veterinarian’s Compendium of Rabies Control.

(3)          Annually, a veterinarian must certify that such dog has been properly vaccinated in accordance with the current compendium of rabies control.

(4)          Unless a veterinarian, licensed in accordance with Subparagraph (1) above, certifies that such immunization would be injurious to such dog or cat due to its age or health, all dogs and cats must be vaccinated for rabies by such a veterinarian at least every three years.

(b)     It shall be unlawful for the person owning or harboring any dog or cat over six months of age kept within the City of Goddard to fail to display a current certificate of immunization against rabies issued by a veterinarian licensed in accordance with Subparagraph (1) of Subsection (a) above when requested to do so by the animal control officer or any law enforcement officer.

(Ord. 496; Code 2001; Ord. 684, Sec. 1)

2-202.        Registration of dogs required.

(a)      Every person owning or harboring any dog 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 owned and kept within the City of Goddard.

(b)     It shall be unlawful for any person owning or harboring any newly acquired dog or any dog brought into the City of Goddard to fail to register such animal within 30 days from acquisition or bringing the dog into the City. It shall be unlawful for any person owning or harboring any previously registered dog to fail to maintain current registration of such dog.

(c)      Upon registration, the person owning or harboring such dog shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document.

(d)     If such dog’s certificate of immunization expires prior to the expiration of such dog’s annual registration, the person owning or harboring such dog shall, within thirty (30) days of the certificate’s expiration, present to the City Clerk a current certificate of immunization evidencing re-immunization of such dog against rabies. Failure to present such a certificate of re-immunization within the time allowed shall be a violation of this Article.

(e)      The person owning or harboring any dog shall, at the time of registering such dog, 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.

(Ord. 496; Code 2001; Ord. 684, Sec. 2)

(a)      The City Clerk shall collect an annual registration fee of $5.00 for each neutered male dog or spayed female dog, and $10.00 for each un-neutered male dog or un-spayed female dog. If a newly acquired dog or dog brought into the City of Goddard has a current rabies vaccination which is valid for six months or less, the City Clerk shall collect an annual registration fee of $2.50 for a neutered male dog or spayed female dog, and $5.00 for an un-neutered male dog or un-spayed female dog.

(b)     The term of any dog license shall be from the date that the license tag is issued and shall expire upon the one-year anniversary of the date upon which the license tag was issued, or upon the expiration of the rabies vaccination. No license shall extend beyond the term of the rabies vaccination. Licenses shall be renewed upon expiration. If the license fee is not paid within 30 days following the expiration of the license, a $5.00 penalty shall be added. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period.

(c)      The registration fee shall not be refundable.

(d)     The City Clerk shall waive the registration fee for any dog trained to assist the visually or audibly impaired when that dog is actually owned and used to assist a visually or audibly impaired person.

(e)      The City Clerk, at the direction of the City Council shall, from time to time, have the authority to institute programs to encourage compliance with this ordinance for the registration of dogs, which programs may include waiving any and all dog license and registration fees.

(Ord. 496; Code 2001; Ord. 614; Code 2012; Ord. 742)

It shall be the duty of the City Clerk or designated agent, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the person owning or harboring the dog, the number of the registration and the amount paid therefor, and shall deliver to the person owning or harboring the dog a receipt in writing, showing that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the person owning or harboring the dog a tag with the registration number and the registration year thereon.

(Ord. 496; Code 2001)

When a tag is issued pursuant to subsection (a) of this section, the person owning or harboring the dog, shall attach said tag to the collar of the dog so registered.

(Ord. 496; Code 2001)

2-206.        Same; not transferrable.

Dog tags shall not be transferrable.

(Ord. 496; Code 2001)

2-208.        Same; removal.

It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof.

(Ord. 496; Code 2001)

No registration shall be required of a dog owned by any person visiting or temporarily remaining within the City of Goddard, if said dog remains within the City of Goddard for less than 30 days. However, any such dog shall be kept under restraint by the person owning or harboring thereof at all times.

(Ord. 496; Code 2001)

(a)      It shall be unlawful for the person owning or harboring any dog to permit such dog to run at large within the City of Goddard at any time.

(b)     Any dog running at large within the City of Goddard shall be impounded as set out in 2-212.

(c)      The person owning or harboring any dog impounded for running at large without the tag required by 2-202, et seq., shall, for the first offense, pay a fine of not less than $50 nor more than $300, plus the board bill, plus the impoundment fee, plus the applicable license fee.

(d)     For the first offense of a dog running at large with a tag as required by 2-202, et seq., the person owning or harboring such dog, shall;- in addition to presenting a registration receipt, pay the cost of the board bill, plus the impoundment fee. For a second offense within a one year period, the person owning or harboring such-dog shall pay a fine of not less than $50 nor more than $300 plus the board bill, plus the impoundment fee. For a third and all subsequent offenses within a one year period, the person owning or harboring such dog shall pay a fine of not less than $75 nor more than $300, plus the cost of the board bill, plus the impoundment fee.

(Ord. 496; Code 2001)

Any dog found in violation of the provisions of the ordinances of the City of Goddard, shall be subject to impoundment by the City of Goddard.

(Ord. 496; Code 2001)

A record of all dogs impounded shall be kept by the City of Goddard containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment.

(Ord. 496; Code 2001)

(a)      If the dog impounded has a current registration tag attached to its collar or if the impounding officer knows the identity of the person owning or harboring such dog, the person owning or harboring such dog, as shown by the records of the City Clerk shall be notified in writing as soon as possible, but at least 48 hours before such dog is disposed of by destruction or sale. If, at the end of five days the City Clerk has been unable to locate the person owning or harboring such dog, or the person owning or harboring such dog, upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.

(b)     If the dog impounded has no current registration tag and the identity of the person owning or harboring such dog 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 has been taken up, describing the same with the date and place of taking, 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 ordinance. If within three full business days the person owning or harboring such dog does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.

(Ord. 496; Code 2001)

(a)      If at any time before the sale or destruction of any dog impounded under the provisions of this article, the person owning or harboring an impounded dog does appear and redeem the dog, 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 boarding, plus an $10.00 per day boarding fee, and upon compliance with the registration provisions of this article.

(b)     No dog impounded may be released without a current rabies vaccination and a current registration.

(Ord. 496; Code 2001; Ord. 580, Sec. 1; Code 2012)

The minimum impoundment fee shall be $30.00.

(Ord. 496; Code 2001; Ord. 580, Sec. 2; Code 2012)

(a)      Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this ordinance for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced hereunder.

(b)     The redemption of any dog impounded for a violation of any provision of this ordinance shall be prima facie evidence of the violation of such provision by the person redeeming the dog.

(Ord. 496; Code 2001)

(a)      If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-215 thereof, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or sell the same. for the costs of impoundment and keeping, plus 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 2-212.

(Ord. 496; Code 2001)

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 dog that is in the state of estrus (heat) and that is not properly confined, or any such dog 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 person owning or harboring said dog. The person owning or harboring a dog removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

(Ord. 496; Code 2001)

It shall be unlawful to, in one household, keep a combined total of dogs and cats in excess of five. The total number of dogs and cats in one household shall not exceed three animals of either species For purposes of this section, dogs and cats less than six months of age shall not be included in the total number of dogs and cats allowed, provided that no more than one litter of puppies and one litter of kittens shall be maintained in one household at any one time.

(Ord. 496; Code 2001)

No person who owns, possesses, harbors or exercises control over any dog shall do any of the following:

(a)      Permit the dog to attack or bite any person or domestic animal not on the premises of such owner, possessor or keeper;

(b)     Permit the dog to attack or bite any person or domestic animal upon the premises of any business establishment that is open to the public.

(Ord. 496; Code 2001)

2-222.        Electronic Fences.

(a)      A dog will not be considered “at-large” for purposes of 2-101(d) and 2-211 if it is confined to the residential property of its owner or harborer by an electronic fence in accordance with this section.

(b)     An electronic fence is any pet containment system that controls the movement of a dog by emitting a tone or electrical shock through a collar worn by the dog when the dog nears buried wires or cables that mark the boundaries of the confined area.

(c)      The boundaries of an electronic fence shall not be any closer than 10 feet away from a public sidewalk or right of way, and not closer than 5 feet away from an adjacent private property.

(d)     The property where an electronic fence is utilized must be clearly and prominently marked to indicate that a dog is confined to the property by an electronic fence.

(e)      A dog shall not be confined by an electronic fence in the front yard of any property.

(f)      A dog shall not be confined by an electronic fence unless it is neutered or spayed.

(g)      Any dog found to be at-large while being restrained by an electronic fence shall no longer be allowed to be restrained in such manner.

(h)     A permit must be obtained from the City of Goddard prior to the use of an electronic fence to confine or restrain a dog. The fee for such a permit shall be as adopted by the City Council by resolution. The permit shall not be transferable and may be revoked for failure to comply with the requirements of this ordinance.

(Ord. 794)

2-223.        Permit Fee.

The permit fee for the use of an electronic fence to confine or restrain a dog shall be $15.00, payable in advance to the City Clerk. This fee may be subsequently amended by the Governing Body by resolution.

(Ord. 794)