It shall be unlawful for any person to keep or harbor any dog or cat over six (6) months of age, unless such dog or cat is vaccinated and licensed as provided herein. The provisions of this section do not apply to animals owned by a licensed research facility or held in a veterinary medical facility or government operated or licensed animal shelter.

(Ord. 2110; Code 2013)

Application for a dog license shall be made annually at the city clerk’s office between January 1 through December 31. The owner, keeper or harborer of any dog born or brought into the city must file with the city clerk an affidavit showing the date on which such dog was born or brought into the city and must obtain a license for the dog within thirty (30) days from such date.

(Ord. 2110; Code 2013)

Application for a cat license shall be made annually at the city clerk’s office between January 1 through December 31. The owner, keeper or harborer of any cat born or brought into the city must file with the city clerk an affidavit showing the date on which such cat was born or brought into the city and must obtain a license for the cat within thirty (30) days from such date.

(Ord. 2110; Code 2013)

Any person applying for a license for a dog or cat shall be required to present, at the time of making such application, a certificate issued by a licensed veterinarian showing that such dog or cat has been vaccinated or inoculated with an approved anti-rabies vaccine, effective as of the date of the license application.

(Ord. 2110; Ord. 2118; Code 2013)

(a)   The city clerk shall collect an annual registration fee for each neutered male dog or cat and for each spayed female dog or cat, and for each unneutered male dog or cat and for each unspayed female dog or cat. The fee shall be payable by March 31 of each year.

(b)   Every owner or harborer of dog or dogs or cat or cats who shall fail to register the same prior to the 1st day of April of each year shall pay in addition to the registration fee herein provided a penalty fee for late registration.

(c)   License fees shall be waived for dogs serving the blind or deaf or handicapped, or for government-owned dogs used for law enforcement. All other licensing provisions shall apply to such animals.

(Ord. 2110; Code 2013)

The city clerk shall issue a tag of metal or other durable material, having stamped or engraved thereon the registration number and the year of registration. The license tag issued under the provisions of this section shall be attached to a suitable collar and kept on the dog or cat for which issued at all times. Such tags are not transferable. The city clerk shall keep a record of the person to whom the tag is issued and a description of the dog or cat for which the tag is issued.

(Ord. 2110; Code 2013)

The provisions of this article shall not apply to a dog or cat not kept or harbored within city limits, nor to a dog or cat belonging to any person or persons, firm or corporation on a sojourn or brought into the city for bench or show purposes or other temporary purposes, provided the dog or cat is not permitted to run at large. However, if a dog or cat belonging to such person remains in the city for thirty (30) days or longer, the dog or cat shall be subject to the provisions of this article, including licensing and vaccination.

(Ord. 2110; Code 2013)

(a)   It shall be unlawful for the owner, occupant, lessee or person in charge of any premises in the city to possess and maintain any animal or fowl within the city or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats or swine, chickens, ducks, geese or any other undomesticated animals are kept. This provision shall not apply to:

(1)   The maintaining of horses and cows located on one or more contiguous acres of land;

(2)   The maintaining of dogs or cats which are regulated by Article 2 of this chapter;

(3)   The maintaining of nonpoisonous and non-vicious animals and fowl which are commonly kept as household pets, such as hamsters, rabbits, parakeets and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with Section 2-210 of this chapter;

(4)   The transporting of animals through the city by ordinary and customary means.

(5)   The raising of stock and poultry as regulated by zoning regulations in the A-1 Agricultural District;

(6)   Any person licensed to practice veterinary medicine that operates a veterinary clinic within the city limits;

(7)   Marshall County Fair Board operating on Marshall County Fairgrounds;

(8)   Circuses or rodeos located on Marshall County Fairgrounds;

(9)   4-H Club activities located on Marshall County Fairgrounds.

(10) Poultry for 4-H Club and Future Farmers of America activities may be raised maintained and harbored inside the city limits notwithstanding any zoning classification or restriction to the contrary.

(b)   No kennel shall be operated by any person for the purpose of raising, keeping or maintaining dogs for sale within the city limits.

(c)   The keeping or harboring of pigeons, including without limitation racing pigeons, is not allowed within the city limits. Pigeons, including racing pigeons, shall not be deemed household pets.

(Ord. 2110; Ord. 2206; Code 2013, Ord. 2302)

It shall be unlawful and made a misdemeanor for any owner, keeper or harborer of any dog or cat to permit such dog or cat to be tied, kenneled, housed (other than the domicile of the owner, keeper or harborer of the dog or cat) or otherwise maintained within six (6) feet of any property line or within six (6) feet of any adjacent residence, whichever is the lesser distance. If at least twenty (20) percent of the yard is fenced, the dog or cat may be at large within such enclosure.

(Ord. 2110; Code 2013)

(a)   It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor, and devoid of rodents and vermin.

(b)   Excrement shall be removed at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. All such stored or accumulated waste shall be disposed of at least once each week in adequate fly-tight containers.

(c)   All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d)   All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.

(e)   Barbed wire fences and electrically charged fences shall not be permitted for animals confines.

(f)    All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public official. If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within twenty-four (24) hours after notice is served on the owner. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.

(Ord. 2110; Code 2013)

It shall be unlawful for any person to willfully and maliciously administer or cause to be administered, poison of any sort whatsoever to any animal, the property of another, with the intent to injure or destroy such animal, or willfully and maliciously place any poison or poisoned food where the same is accessible to any such animal.

(Ord. 2110; Code 2013)

It shall be unlawful for any person or persons to obstruct hinder or prevent the impounding of any dog or cat running at large contrary to the provisions of this article; or to break open, destroy or injure the animal shelter door, gate or enclosure thereof; or to take or attempt to take therefrom a dog or cat therein impounded without first paying the fee and costs as provided in this article.

(Ord. 2110; Code 2013)

It shall be unlawful for any person to use, place, set out, or deploy an animal trap above ground which makes use of spring gun, spring jaw, clamping device, cutting or stabbing mechanism, or any other device that will damage or severely injure any animal when caught or trapped by the device or trap, except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.

(Ord. 2110; Code 2013)

(a)   The owning or keeping of a vicious animal or animals within the city is prohibited. For the purpose of this section, “vicious” is defined as an animal which:

(1)   Attacks, injures or bites any person or other domestic animal;

(2)   Causes any condition which threatens or endangers the health or well-being of persons or other animals.

(b)   Upon submission of a written complaint by a complainant with the Blue Rapids police department, the municipal court may make a determination at the time of trial as to whether or not an animal is vicious. In making such determination, the municipal court may consider the following:

(1)   The seriousness of any injury or damage to persons or property that may have been inflicted;

(2)   The past history of the animal with respect to injury or damage to person or property;

(3)   The potential propensity of the animal to injure or damage person or property;

(4)   The conditions existing when the animal may have inflicted injury to person or property;

(5)   Whether or not a person or property has been threatened by the animal;

(6)   The conditions under which the animals has been kept or maintained;

(c)   If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify under oath to the viciousness of the animal.

(d)   If the municipal court determines that an animal is vicious, the court may cause the animal to be picked up and destroyed or order the removal of the animal from the corporate limits of the city.

(e)   In lieu of making a finding that the animal is vicious, the court may make a finding that the animal has a propensity to be vicious and, in such case, may allow the owner or keeper of the animal to continue the keeping of the animal under such terms and conditions as the court may specify.

(f)    Any person found guilty of violating the provisions of this section shall be punished by a fine not less than $100 nor more than $500 or by imprisonment not to exceed six (6) months, or both fine and imprisonment.

(Ord. 2110; Code 2013)

(a)   Any animal which is suspected of having rabies, or any animal which has bitten a human being and has thereby caused a laceration of the skin of such human being, shall be seized and confined in a veterinary hospital for a period of ten (10) days; provided however the period of confinement may be shortened at eh discretion of the veterinarian in charge of the hospital;

(b)   Any animal bitten by a known rabid animal shall be seized and confined in a veterinary hospital, as provided in sub-part (a) of this section.

(c)   All expenses incurred during the period of confinement in a veterinary hospital for the purposes this section shall be paid by the owner of the animal. If any animal so impounded cannot be identified as to ownership with the ten-day period, than the veterinarian shall dispose of the animal and the city incur the costs thereof.

(d)   In lieu of this, the owner may elect to begin immediately a series of protective treatments for the rabies suspect. It shall be the duty of such owner to furnish satisfactory evidence of the completion of such treatment to the Blue Rapids Police Department. In case such satisfactory evidence is not furnished, the chief of police or licensed veterinarian has the duty to kill the affected animal.

(Ord. 2110; Code 2013)

When there exists sufficient evidence to believe that rabies exists in or near the city, the governing body may, by resolution, require all dog and cat owners within the corporate limits of the city to confine their dogs or cats or securely muzzle dogs with a wire or leather muzzle for such length of time as may be designated in the resolution or until otherwise ordered; and it shall be unlawful for any person to permit a cat or dog to run at large in violation of the terms the resolution. Such resolution shall not become effective unless and until the same is published one time in the official city newspaper and posted in at least four conspicuous places within 24 hours.

(Ord. 2110; Code 2013)

It shall be unlawful for the owner, keeper or harborer of any dog or cat to permit such dog or cat to run at large in the city at any time. Any dog or cat shall be presumed to be running at large, and the owner shall be presumed to have permitted it to be at large, when found off the premises of the owner, keeper or harborer of such dog or cat. Provided, that it shall be a defense for a person charged under this section that such dog or cat was merely passing along the streets, sidewalks, avenues or parks of the city, or upon private property, with the consent of the owner of said property, while such dog or cat was held upon a leash, chain, rope or harness by its master or keeper, or was in the immediate voice control of the owner, keeper or harborer within a 50-foot radius.

(Ord. 2110; Code 2013)

(a)   Any person who keeps or harbors any dog or cat shall prevent such dog or cat from being a nuisance. A dog or cat shall be considered a nuisance if it: damages, soils, defiles or defecates on private property other than its keeper’s or harborer’s, or on public rights-of-way or recreation areas, unless such waste is immediately removed and properly disposed of by its keeper or harborer; causes unsanitary, dangerous or offensive conditions; or chases vehicles, or molest, attacks or interferes with persons or domestic animals on property other than property of its harborer or keeper.

(b)   The keeping or harboring of any animal which by frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such noisy animal or animals to abate the condition, and if he or she fails to do so, the city may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner. Any complaint filed with the city clerk or police department under this sub-paragraph must be signed by at least one landowner or occupant who resides within 300 feet of the property whereon such noisy animal is located.

(c)   There shall be a rebuttable presumption that a nuisance is created if any person keeps or harbors more than three (3) dogs or cats, or any combination of such animals exceeding five (5) in number, over the age of six months, upon any premises within the city of Blue Rapids.

(Ord. 2110; Code 2013)

(a)   When a complaint is filed that an offense has been committed in violation of this article, the municipal judge may issue a summons instead of a warrant at the request of the city attorney. If a defendant fails to appear in response to the summons, a warrant shall be issued. The summons shall be served upon a defendant by delivering a copy to him personally or by leaving it at his dwelling house or usual abode with some person of suitable age and discretion then residing therein, or by mailing it to the defendant’s last known address.

(b)   Upon submission of a written complaint by a complainant with the city of Blue Rapids police department or the city clerk, and after investigation of same by the police department or designated animal control officer, such officers, for the health, safety and welfare of the residents of the city, may:

(1)   Place humane traps on public or private property upon request from property owners for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city.

(2)   Catch pole, traps, tranquilizer guns, firearms or other suitable devices may be used with the animal control officer or law enforcement officer in the performance of his or her duties.

(Ord. 2110; Code 2013)

(a)   All dogs or cats found upon the streets, alleys, public ground, or upon the premises of another person not the owner of the dog or cat shall be seized and impounded by a police officer, animal control officer, or other person appointed for such purpose and held for three (3) business days. The owner, keeper, or harborer of such dog or cat who desires to reclaim the same may do so by paying an impounding fee. Under extenuating circumstances, and as authorized by the chief of police, a dog or cat may be impounded to maximum of seven (7) days.

(b)   An impounded dog or cat that is not claimed by the owner, keeper or harborer of such dog or cat within three (3) business days may be released to a non- owner wishing to adopt the dog or cat with the following conditions:

(1)   No impoundment fee will be collected;

(2)   The dog or cat must be inoculated with anti-rabies vaccine and a current dog or cat license purchased if the dog or cat is to be kept within city limits;

(3)   Such dog or cat must first be surgically spayed or neutered. The adopting party must sign an agreement to have the dog or cat spayed and neutered and will deposit with the city clerk funds sufficient to insure the dog or cat will be sterilized. Any funds deposited pursuant to such an agreement shall be refunded to the adopting party upon presentation of a written statement signed by a licensed veterinarian that the adopted dog or cat has been spayed or neutered. No person shall spay or neuter any dog or cat unless such person is a licensed veterinarian.

(4)   This section shall not be construed to require sterilization of a dog or cat which is being held by the Blue Rapids animal shelter and which is claimed by its rightful owner, keeper or harborer.

(Ord. 2110; Code 2013)

If any dog or cat so impounded is not claimed within the time frame as provided in section 2-220, it shall be the duty of the animal control officer, chief of police, or any person or persons working under the direction of the chief of police to convey the dog or cat to dispose of the same. Euthanasia will be in accordance with K.S.A. 47-1718.

(Ord. 2110; Code 2013)

Any person violating or permitting the violation of any provision of this article shall, upon conviction in municipal court, be fined a sum of $25 for the first offense, $50 for the send offense, and $100 for the third offense in any one-year period.

(Ord. 2110; Code 2013)