The owners or harborers of all dogs are hereby required to purchase yearly for a period from January 1st to January 1st a dog license from the city clerk for each animal. Tags must be purchased on or before March 1. Failure to do so will result in a $20.00 fine per dog.

(Code 1998, 2-201; Code 2022)

The city clerk hereafter shall not issue a dog license until the owner exhibits proof from a licensed veterinarian that the said animal has been vaccinated for rabies in the current or prior calendar year. Owners of dogs, who at the time of the enactment of this code have a license, shall within sixty (60) days after the publication hereof, have said dogs vaccinated for rabies.

(Code 1998, 2-202; Code 2022)

The cost of dog licenses per year shall be $5.00 per dog spayed/neutered and dogs under 1 year of age, $10.00 for all other dogs.

(Code 1998, 2-203; Code 2022)

The city clerk shall issue as the license a numbered metal tag and the city clerk shall keep a record of the issuance of each license. The owner or harborer of each dog shall securely attach to his dog the metal license tag and the metal vaccination tag issued to him at the time of the dog’s vaccination for rabies.

(Code 1998, 2-204; Code 2022)

(a)   The city council shall by resolution, appoint a city animal control officer.

(b)   The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the City or constitutes a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the City. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible.

(c)   The City shall collect at a minimum $5.00 per day as an impoundment fee, or actual expenses associated with the care of the animal taken into custody as an impoundment fee, whichever is the greater of the two. The fee shall be paid prior to the release of any impounded animal and shall be in addition to any fines and costs which result from charges filed against the animal’s owner or responsible party.

(d)   The animal control officer or police 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. In the event that any animal goes unclaimed for a period of seven (7) days, after having been impounded, the Police Chief or law enforcement is authorized to order the disposal or adoption of said animal as provided in this code. Animals shall be disposed of in a manner acceptable to modem veterinary standards and in conjunction with a licensed veterinarian.

(e)   Animals, not considered ill, rabid or vicious, may be adopted after the seven (7) day impoundment period by any person who gives a notice of interest in the animal to law enforcement. Prior to adoption the person seeking ownership of the animal must comply with the provisions of Sections 2-201, 2-202, 2-203 and 2-204 of the Code of Bird City, Kansas, and pay the impoundment fee accumulated by the animal while held by the city. Law enforcement may deny adoption to any person who has previously been convicted of any violation of this section or any law pertaining to the welfare and safety of animals.

(f)   The animal control officer or law enforcement shall each month submit a report to the governing body showing the number of animals impounded and disposed of, and the fees collected pursuant to this article and shall pay those fees to the city clerk for credit to the general fund.

(Code 1998, 2-205; Code 2022, Ord. 294)

It shall be unlawful for the owner or harborer of any vicious dog to permit the dog to run at large within the city, whether muzzled or not. The term “vicious dog'' as used in this article shall be construed to mean any dog of a cross, ferocious, or dangerous disposition, or that habitually snaps or manifests a disposition to bite persons or animals or kills any domestic fowl which are kept within proper enclosures. If the owner or harborer of such dog fails or neglects to keep such dog confined or securely chained said owner or harborer of such dog shall, upon conviction be guilty of a Class B misdemeanor and shall be punished pursuant to the provisions for punishment for Class B Misdemeanor as set forth in the Uniform Public Offense Code as passed by the City of Bird City.

(Code 1998, 2-209; Code 2022; Ord. 368)

In all cases where any dog is reported to have actually bitten any person, regardless of circumstances, it shall be the duty of the chief of police, or his assistant, to order the owner or harborer of such dog to securely shall or confine the said dog for a period of ten (10) days, the said owner or harborer of such dog shall, upon conviction, be guilty of a violation and fined ten dollars ($10) per day for each day such dog shall have run loose during such ten (10) day period. If at the end of the period said dog shows no evidence of having rabies, the city health officer shall so certify to the chief of police and if the chief of police shall determine that the circumstances in the case do not warrant the dog being kept confined as a vicious dog, he may issue a release from the tie-up order.

(Code 1998, 2-210; Code 2022)

It shall be unlawful for the owners, harborers, or custodians of any dog to permit the same to run at large in the city. A dog shall be deemed running at large when it is off the premises of its owner, harborer, or custodian, except when accompanied and controlled by a leash. Violation of this section shall be punishable by a fine of not less than $50.00 nor more than $100.00 upon the first violation, a fine of not less than $75.00 nor more than $200.00 upon the second violation, and a fine of not less than $125.00 nor more than $400.00 upon all subsequent violations.

(Code 1998, 2-211; Code 2022; Ord. 368)

(a)   DEFINITIONS.

(1)   Owner: Any person who shall harbor or permit any dog to be for ten (10) days or more in or about his or her house, store, or enclosure, or to remain to be fed, shall be deemed the owner and possessor of such dog and shall be deemed to be liable for all penalties herein described.

(2)   Kennel: Any person, persons, partnership, or corporation keeping under their care, control, or possession, within the City limits, of the City of Bird City, four or more dogs over two (2) months of age, shall be deemed to be maintaining a kennel.

(b)   SANITATION. All pens or other enclosures where a dog is kept shall be maintained by the owner or keeper thereof in such a condition of cleanliness as to prevent obnoxious or offensive odors from manure and other ill smelling materials to cause an annoyance to others living in the neighborhood. Where applicable, all pens and enclosures shall be in accord with the regulations issued by the Department of Animal Health of the State of Kansas. All pens and enclosures for dogs are subject to the inspection by officials of Bird City.

(c)   KENNELS; UNLAWFUL ACTS. It shall be unlawful for any person, persons, partnership, or corporation to maintain a kennel inside the area of the City limits of Bird City, Kansas.

(d)   TEMPORARY LICENSE; LICENSE. Where a person finds it necessary to buy a replacement animal prior to the death of the dog to be replaced and this would raise the number of dogs to four, he may obtain a temporary license; license for not more than one (1) year upon application to the City Clerk upon payment for the license; license fee for the replacement dog, and proof of inoculation. The application shall state the name, breed, color, and sex of dog being replaced and anticipated deadline for death or destruction of dog to be replaced.

(e)   PENALTIES. Any person violating the provisions of this Section, except as otherwise provided herein, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $50.00 nor more than $100.00. The fine upon a second violation shall be not less than $100.00 nor more than $1,000.00. Upon subsequent violation, the fine shall be not less than $200.00 nor more than $1,000.00.

(f)   LOUD OR NOISY DOGS. No person shall own, keep, or harbor any dog, which by loud or frequent or habitual barking, howling or yelping shall annoy or disturb any neighborhood. Each day that a dog engages in loud or frequent or habitual barking, howling or yelping which annoys or disturbs any neighborhood shall be considered a separate violation. Violation of this paragraph of this Section shall be punishable by a fine of not less than $50.00 nor more than $100.00. The fine upon second violation shall be not less than $75.00 nor more than $200.00. Upon subsequent violation the fine shall be not less than $125.00 nor more than $400.00

(g)   MISCELLANEOUS. All references to “him” or “her” or “he” or “she” are generic and are deemed to relate to any gender.

(Ord. 358; Ord. 369)