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ORDINANCE NO. 816

AN ORDINANCE OF THE CITY OF MEADE, KANSAS, RELATING TO DOGS AND CATS; REQUIRING ANNUAL REGISTRATION AND THE PAYMENT OF CERTAIN LICENSES AND FEES THEREFORE; ESTABLISHING REGULATIONS PERTAINING TO THE KEEPING OF THE SAME; PROVIDING FOR THE VIOLATION THEREOF; AND REPEALING ANY ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS:

SECTION 1. DEFINITIONS. For the purposes of this ordinance, the following words and phrases shall mean:

(a) Abandon includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.

(b) Animals means all dogs and cats.

(c) Animal Shelter means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this ordinance or state law.

(d) At-large means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be at-large.

(e) Bite means any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal, which is actually or suspected to being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

(f) Cat means any member of the species felis catus , regardless of sex.

(g) Dangerous or Vicious Animal means any animal deemed to be dangerous or vicious per Section 14.

(h) Dog means any member of the species canis familiaris, regardless of sex.

(i) Harbor means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls.

(j) Humane Live Animal Trap means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

(k) Humanely Euthanize means the proper injection of a substance that quickly and painlessly terminates the life of any animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.

(l) Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

(m) Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, more than 6 dogs.

(n) Neutered or Spayed means any male or female cat or dog that has been permanently rendered sterile and incapable of producing or giving birth to young.

(o) Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this Ordinance, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this Ordinance.

(p) Owner means the person who owns, or his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in subsection (o) above.

(q) Vaccination means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.

(r) Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas.

SECTION 2. ANIMAL CONTROL OFFICER; DUTY TO IMPOUND; CITATION ALTERNATIVE.

(a) There is hereby created the position of animal control officer for the city and such officer shall be charged with the enforcement officers of the City of Meade Police Department shall have such powers and authority as allowed by law in the enforcement of this Ordinance. All animal control officers shall be subject to the supervision and direction of the City Administrator.

(b) Except as provided in subsection (c), it shall be the duty of the animal control officer to take up and impound all animals found in the city in violation of the provisions of this Ordinance.

(c) As an alternative to the provisions of subsection (b) of this section, any law enforcement officer or the animal control officer may issue a citation to the owner, harborer or keeper of an animal in violation of this Ordinance, and the person receiving the citation shall appear in the municipal court of the city.

(d) Upon request by an inhabitant of the city to have an animal owned by said inhabitant removed from the inhabitantís premises, or premises under the inhabitantís control, it shall be the duty of the animal control officer to take up, remove, and impound if necessary such animal, provided, however, all costs of the city incidental thereto shall be the responsibility of the inhabitant of the city requesting such service.

SECTION 3. CAPTURE/DESTRUCTION. When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:

(a) Place a humane trap on public or a requesting residentís property for the purpose of capturing any animal defined in this Ordinance as creating a nuisance in the city.

(b) Use an tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety.

(c) Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in Section 14, or any animal creating a nuisance as defined in Section 10, where such animal is impossible or impractical to catch, capture or tranquilize.

SECTION 4. SAME, RIGHT OF ENTRY; UNLAWFUL INTERFERENCE.

(a) The animal control officer or any law enforcement officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of enforcing this Ordinance or collecting any animal whose presence thereupon is a violation of this Ordinance.

(b) It shall be unlawful for any person to interfere with the animal control officer or any law enforcement officer, in the exercise of his or her duties.

SECTION 5. MUNICIPAL POUND ESTABLISHED. A municipal pound shall be established to carry out the provisions of this Ordinance. Such a pound may be operated by a contractor and all services required herein may be provided by a contractor. When so contracted the pound shall have the following services and facilities as a minimum:

(a) Adequate pickup and impounding of all stray and ownerless dogs and cats otherwise in violation of the provisions of the Ordinance.

(b) Group holding facilities for stray, ownerless and unvaccinated dogs and cats impounded for violation of the provisions of this Ordinance.

(c) Individual isolation facilities for sick, biting, rabid and suspected rabid dogs and cats.

(d) Facilities for the humane destruction of dogs and cats.

SECTION 6. BREAKING POUND.

(a) It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal place therein, or take or attempt to take from an authorized officer of this city any animal taken up by him or her under the provisions of this Ordinance, or in any manner interfere with or hinder any authorized officer or employee of this city in catching, taking up, or impounding any animal.

(b) It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed, or interfere in any way with the care of impounded animals.

SECTION 7. CRUELTY TO ANIMALS. It shall be unlawful for any person to:

(a) Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, poison, burn or scald with any substance; or otherwise abuse any animal, except that reasonable force may be employed to drive off vicious animals.

(b) Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling disease or condition except as provided in Section 2 (c).

(c) Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal.

(d) Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for the health and well being of such animal.

(e) Abandon or leave any animal in any place without making provisions for its proper care.

(f) These provisions shall not apply to the exceptions sanctioned under Section 8.

In addition to any other penalties provided therein, the municipal court judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible.

SECTION 8. SAME; EXCEPTION. The provisions of Section 7 shall not apply to:

(a) Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care.

(b) Bona fide experiments carried on by commonly recognized research facilities.

(c) The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or by an authorized agent such as a licensed veterinarian, at the request of the owner.

(d) The humane killing on an animal by the animal control officer, a public health officer or law enforcement officer in the performance of his or her official duty.

(e) The humane killing of an unclaimed animal after three full business days following the receipt of such animal at a municipal pound or an incorporated humane society shelter by the owner, operator or authorized agents of such establishments.

SECTION 9. ANIMAL TRAPS. It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure and 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 them.

SECTION 10. NUISANCE; ANIMAL ACTIVITIES PROHIBITED. It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute a nuisance. For the purpose of this section, nuisance is defined as any animal which:

(a) Molests or interferes with persons in the public right-of-way.

(b) Attacks or injures persons, or other domestic animals.

(c) Damages public or private property other than that of its owner or harborer by its activities or with its excrement.

(d) Scatters refuse that is bagged or otherwise contained.

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

If a summons or sworn complaint is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.

SECTION 11. NOISY ANIMALS. The keeping, or harboring of any animal which by loud, frequent and habitual barking, howling, yelping or mewing shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or 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.

SECTION 12. ANIMAL CONFINES; SHELTERS.

(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, kennel or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once a week.

(c) All animal shelters, and kennels shall be so located that adequate drainage if 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.

(e) All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public health 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 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.

SECTION 13. DEATH OF ANIMALS. All dead animals shall be disposed of by the owner or keepers within 24 hours of the animals death, by burial, incineration in a facility approved by the animal control officer, or by other lawful means approved by the animal control officer. No dead animal shall be dumped on any public or private property.

SECTION 14. VICIOUS ANIMALS.

(a) Prohibited: It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the animal control officer, or law enforcement officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the animal control officer, or law enforcement officer, or their agent to impound such animal.

(b) Defined: Fore purposes of the Ordinance a vicious animal shall include:

(1) any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.

(2) Any animal which attacks a human being or domestic animal without provocation.

(3) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

(4) Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.

(c) Complaint: Whenever a sworn complaint is filed in the municipal court against the owner of an animal alleging that such animal is vicious and in violation of this section, the municipal judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this section and thereby in violation of this section. The owner of the animal will be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination, the municipal judge shall consider the following:

(1) The seriousness of the attack or bite.

(2) Past history of attacks or bites.

(3) Likelihood of attacks or bites in the future.

(4) The condition and circumstances under which the animal is kept or confined.

(5) Other factors which may reasonably relate to the determination of whether or not the animal is vicious.

The municipal judge shall order the impoundment, the muzzling in accordance with subsection (d) and /or the confinement of the animal accused of being in violation of this section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the municipal judge may order the animal immediately destroyed.

(d) Vicious Dogs to be Muzzled: It shall be the duty of every owner, keeper or harborer of any dog in the city, which dog is vicious or has been known to bite, chase, or run after any person or animal in the streets, alleys, or any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the city limits contrary to this section shall be guilty of a violation of this Ordinance.

(e) Immediate Destruction: Nothing in this Ordinance shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.

(f) Release of: If a sworn complaint has been filed in the municipal court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the municipal judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this Ordinance. The municipal judge may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the animal control officer, or law enforcement officer, does not relieve or render the owner immune from the decision of the court, not to the fees, fines, or any costs which may result from a violation of this section.


SECTION 15. RUNNING AT LARGE. It shall be unlawful for any person to willfully allow any animal under his or her control to be or to run at large within the city. Any animal found at large shall be impounded as provided in Section 16.

SECTION 16. IMPOUNDMENT; FEE; NOTICE; RECORD.

(a) The animal control officer or law enforcement officer shall impound any animal found at large in the city of constituting a nuisance or otherwise in violation of this Ordinance 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.

(b) The city shall be entitled to receive from such owner an impoundment fee of $25.00, plus a daily care fee in the amount of $5.00, the cost of a city tag if the owner has not applied for one, and plus any additional costs incidental to or associated with maintaining the dog or cat while impounded.

(c) In case the identity of the owner of the impounded animal cannot be ascertained, 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 and the place of impounding, and shall thereupon immediately post a public notice with a photograph of the animal at the City Building located at 132 S. Fowler in the City of Meade, Kansas, stating that the animal, describing the same with the date and place of taking, has been taken up, 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.

(d) The animal control officer shall keep a record of all dogs and cats impounded, containing at a minimum the following information: color, sex, approximate weight, approximate height, identifying marks, registration number (if any), the date of impoundment, and the name of the individual authorized in this Ordinance who impounded such animal. Furthermore, the animal control officer shall each month submit a report to the City administrator showing the number of dogs and cats impounded, the number of dogs and cats disposed of, the number of dogs and cats returned to their owners, the number of dogs and cats remaining impounded, and the fees collected pursuant to this Ordinance for such monthly period. Any fees collected by the animal control officer shall upon receipt immediately by delivered to the City Clerk for credit to the general operating fund.

(e) any dog or cat impounded may not be released without a current rabies vaccination.

(f) 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.

(g) The redemption of any dog or cat 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 or cat.

(h) No dog or cat impounded under this Section shall be disposed of until after expiration of a minimum of three full business days of custody during which the public has clear access to inspect and recover the dog or cat through time periods ordinarily accepted as usual business hours. During such time of custody, the animal control officer shall attempt to notify the owner or custodian is known or reasonably ascertainable. Such dog or cat may at any time be released to the legal owner, moved to a veterinary hospital for treatment or observation, released in any manner, if such dog or cat was a gift to the animal shelter or euthanized by a licensed veterinarian if it appears to the veterinarian that the dog or cat is diseased or disabled beyond recovery. If within three full business days the owner does not appear to claim the dog or cat, then the dog or cat may be sold, euthanized, or otherwise disposed of.

SECTION 17. REDEMPTION OF IMPOUNDED ANIMALS. At any time before the sale or destruction of any animal impounded under the provisions of the Ordinance, except for animals impounded under Section 14 (vicious) and 18 (rabid), the owner thereof may redeem the animal by paying the animal control officer or any person in charge, the impounding fee and all costs incurred as a result of such impoundment.

SECTION 18. IMPOUNDMENT OF RABIES SUSPECTS.

(a) The animal control officer, any law enforcement officer, or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in the city pound, securely penned and separated from other animals, or in a veterinary hospital or animal care facility for a period of not more than 30 days during which time the local health officer, or other designee of the city, shall determine whether or not such animal is suffering from a disease and, if not, the local health officer, or other designee of the city, shall authorize the release of the animal upon payment by the owner of the boarding fee therefore, The health officer, or other designee of the city, may authorize the keeping of any such animal on the ownerís premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner. If in the opinion of the local health officer, or other designee of the city, symptoms develop justifying a microscopic examination, then the animal shall be killed and examination made by the state board of health.

(b) In lieu of the provisions of subsection (a), the owner of any such animal may, at his or her own expense, take such animal to any duly qualified and licensed veterinarian for observation. Such veterinarian shall report his or her findings in writing to the local health officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be killed and examination made by the state board of health.

(c) Any animal desired for observation by the local health officer under this section shall be delivered to the animal control officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of this Ordinance. Upon refusal of any person to so deliver such animal, the municipal judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.

SECTION 19. ANIMALS BITTEN BY RABID ANIMALS. Whenever an animal is bitten by another rabid animal, or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer or any law enforcement officer. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:

(a) The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination.

(b) If the bitten animal has a current vaccination, it shall be confined for 90 days.

(c) The bitten animal shall be released from confinement only upon written order from the local health officer, or other designee of the city, who declares the animal to be free of rabies.

(d) If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.

SECTION 20. VEHICULAR ACCIDENTS INVOLVING ANIMALS. Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the animal control officer or any law enforcement officer.

SECTION 21. EMERGENCY; PROCLAMATION. The Mayor of the City of Meade, Kansas is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any police officer, or the animal control officer of the city. The owner of such animal shall be prosecuted for such violation thereof.

SECTION 22. KENNEL LICENSES.

(a) No person or household shall own or harbor more than 6 dogs of six months of age or older or more than one litter of pups, or more than 6 cats of more than six months of age or more than one litter of kittens, or more than a total of 6 dogs and cats more than six months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training, or boarding cats or dogs or both cats and dogs, without having obtained a kennel license from the City Clerk.

(b) Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been issued by the animal control officer certifying approval of the kennel and compliance with the applicable laws of the city and the State of Kansas, and a certificate of the zoning code enforcement officer has been issued certifying that the applicant for the kennel license is not violating the zoning laws of the city. If the city clerk has not received any protest against the kennel, the city clerk may issue a renewal of an existing kennel license at the same location without any report from the animal control officer and zoning code enforcement officer. If the animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the city clerk, and the license shall not be renewed except after a public hearing before the governing body.

(c) The animal control officer, the zoning enforcement officer, or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.

(d) The governing body may suspend or revoke a kennel license if, pursuant to the public hearing, it finds the following:

(1) The kennel is maintained in violation of any applicable law of the State of Kansas, or of the city.

(2) The kennel is maintained so as to be a public nuisance.

(3) The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(e) The annual kennel license fee shall be $25.00. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this Ordinance.

(f) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.

SECTION 23. REGISTRATION AND VACCINATION REQUIRED; FEE.

(a) Every owner of any dog or cat over six months of age shall annually register with the city clerk his or her name and address, sex, description of each dog or cat owned and kept within the city. It shall be unlawful for the owner of any newly acquired dog or cat or any dog or cat brought into the city to fail to register such animal within 30 days from acquisition or bringing the dog or cat into the city. It shall be unlawful for the owner of any such previously registered dog or cat to fail to maintain current registration of such dog or cat.

(b) Upon registration, the owner shall present a current, complete certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog or cat over six months of age to fail to maintain effective rabies immunization of such dog or cat.

(c) The owner or harborer of any dog or cat shall, at the time of registering such dog or cat, present to the city clerk a certificate from an accredited veterinarian showing that a male dog or cat has been neutered or a female dog or cat has been spayed, if the dog or cat has been neutered or spayed.

(d) The city clerk shall collect an annual registration fee of $4.00 for each neutered male dog or cat, and for each spayed female dog or cat, and $4.00 for each unneutered male dog or cat, and for each unspayed female dog or cat.

(e) The registration year shall be from January 1st through December 31st of each year.

SECTION 24. DOG AND/OR CAT TAGS. 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 and cats, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefore, and shall deliver to the owner or keeper of the dog or cat a certificate in writing, stating the at the person has registered the dog or cat and the number by which the dog or cat is registered, and shall also deliver to the owner or keeper of the dog or cat a tag with the registration number and the registration year thereon, which shall be, by the owner or keeper, attached to the collar to be used on the do or cat so registered. When any tag has become lost during a registration period, the owner of the dog or cat may request a duplicate tag for the remainder of the registration period. When so requested, the city clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon the payment of $2.00 fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened.

SECTION 25. SAME; COUNTERFEIT TAG. It shall be unlawful for any person to place on any dog or cat a tag issued for any other dog or cat or to make or use any false, forged or counterfeited tag or imitation thereof.

SECTION 26. EVIDENCE OF VACCINATION. It shall be unlawful for the owner of any dog or cat kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog or cat within two years, when requested by the animal control officer or any law enforcement officer.

SECTION 27. VISITING DOGS OR CATS. The provisions of this Ordinance with respect to registration shall not apply to any dog or cat owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dogs or cats shall be kept under restraint by the owner thereof at all times.

SECTION 28. RUNNING AT LARGE; FINE.

(a) It shall be unlawful for the owner or harborer of any dog or cat to permit such dog or cat to run at large within the city at any time.

(b) Any dog or cat running at large within the city shall be impounded as set out in Section 16.

(c) The owner of any dog or cat impounded for running at large required by Section 24 shall, for the first offense, pay a fine of $25.00 plus the board bill. For a second offense within a one year period, the owner or harborer of any dog or cat impounded for running at large required by Section 24, shall pay a fine of $50.00 plus the board bill, and for a third and all subsequent offenses within a one year period, the owner or harborer shall pay a fine of $100.00 plus a board bill.

SECTION 29. DISPOSITION OF UNCLAIMED DOGS OR CATS.

(a) If any dog or cat is not redeemed by its owner or harborer within the time allowed for redemption as specified in Section 16 thereof, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or cat, or sell the same for the costs of the impoundment and keeping, plus any registration fee due for the current year.

(b) No dog or cat may be transferred to the permanent custody of a prospective owner unless:

(1) Such dog or cat has been surgically spayed or neutered before the physical transfer of the dog or cat occurs; or

(2) The prospective owner signs an agreement to have the dog or cat 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 or cat has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the dog or cat, the city shall keep the deposit and may reclaim the unspayed or unneutered dog or cat.

(c) Nothing in this section shall be construed to require sterilization of a dog or cat which is being held by the city and which may be claimed by its rightful owner within the holding periods established in this Ordinance.

SECTION 30. CONFINEMENT OF DOGS OR CATS IN HEAT. Any unspayed female dog or cat 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 constructed so that no other dog(s) or cat(s) may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) 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. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

SECTION 31. PENALTIES. Whenever in this ordinance any act is prohibited or is declared to be unlawful or the performance of any act is required or the failure to do any act is declared to be unlawful, the violation of any provision of this ordinance shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for a period not exceeding thirty (30) days, or by both fine and imprisonment, at the discretion of the court. Each day any violation of this ordinance continues shall constitute a separate offense.

SECTION 32. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

SECTION 33. This Ordinance shall take effect and be in force from and after its passage, approval, and publication in the Meade County News.

PASSED AND APPROVED this 24th day of August, 2009.

Bud Doerflinger, Mayor


Attest:
Tiffany Neel, City Clerk


The City of Meade
132 South Fowler
PO Box 338
Meade, KS  67864-0338

Ph. (620) 873-2091
Fax (620) 873-2635

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