It shall be unlawful for any person living within the corporate limits of the City to own any dog without first having had the dog inoculated against rabies and paying a registration fee. The registration and anti-rabies inoculation shall then be set up on an annual basis. The vaccination shall be administered by a licensed veterinarian, and/or person and a Vaccination Certificate shall be presented to the City Clerk, attested to be a licensed veterinarian. The registration shall be at the office of the City Clerk of Wellsville, Kansas.
(a) Between April 1st and May 15th of each year, the dog owner shall register all dogs owned by him/her at the office of the City Clerk and pay the following described fees, the amounts of which are set forth in the City Fee Resolution.
(1) The City Clerk shall collect a registration fee for each neutered male or spayed female dog whose owners reside within the corporate limits of the City, provided that all dogs belonging to the same household shall be registered in the name of the head of such household; and provided, further, that if such household contains more than two neutered male dogs or spayed females, then the City Clerk shall collect an additional registration fee for each additional male or spayed female dog.
(2) The City Clerk shall collect a registration fee for each unsprayed female dog or non-neutered male dog whose owners reside within the corporate limits of the City, provided, that all unsprayed female dogs and non- neutered male dogs belonging to the same household shall be registered in the name of the head of the household. Before the City Clerk shall issue a tag showing the payment of any fees for spayed female dog or neutered male dog, he /she shall require satisfactory evidence of such fact by certificate of a licensed veterinarian or by a statement verified by affidavit. Provided, that such evidence may be permanently filed or entered in the book of registration.
(b) All registrations issued by the City Clerk shall be valid until March 31, of each year. A late registration fee shall be collected by the City Clerk for each month in which the owner fails, neglects, or refuses to pay the registration fee provided for in subsection (a) (1); provided, that any person owning a dog on the effective date of this article shall have thirty (30) days from that date to register such dogs; and provided, further, that new residents of the City or persons acquiring a dog or owning a dog that attains age of registration after January 1st, of any year, shall have thirty (30) days in which to register such dog.
(Ord. 520, 528; Code 2016)
(a) The City Clerk upon presentation of a certificate of vaccination issued by a licensed veterinarian within twelve (12) months prior to date of registration and payment of the fees herein before set out shall record the following information: Owner’s name and address; color, breed, sex, age, weight, names (if any) and date of vaccination of dog. After recording said information the City Clerk shall issue a license to said owner, and shall provide for each dog so vaccinated and registered a tag of metal or other durable substance, having stamped or marked thereon the registration number which corresponds to the number of the registration record. This tag shall be kept on the dog at all times.
(b) The owner of any dog shall cause the same to wear a collar or harness while said dog is outside the dwelling of the owner. The tag herein required shall be securely affixed to the collar or harness of each dog registered. The tag shall be situated on the collar or harness in such a manner that it may at all times be easily visible. Replacement tags shall be issued for a fee set by the City Fee Resolution.
(c) The City Clerk may between March 1 and March 31 of each year cause notice to be given of the registration period for dogs by publication once in the official City newspaper.
(Ord. 520; Code 2016)
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.
(Code 2016)
It shall be unlawful for the owner of any dog 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 within two years, when requested by the animal control officer or any law enforcement officer.
(Code 2016)
The provision of this article with respect to registration shall not apply to any dog owned by any person temporarily remaining within the City less than thirty (30) days, or any dog brought into the City for less than thirty (30) days. Such dogs or pups shall be kept under restraint by the owner.
(Ord. 520; Code 2016)
(a) Any dog found in violation of the provisions of this chapter shall be subject to impoundment by the city.
(b) No dog 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 through time periods ordinarily accepted as usual business hours. If the dog so impounded has a current registration tag attached to it, the owner of such dog as shown by the records of the City Clerk shall be notified as soon as possible within a three (3) day impounding, period. If at the end of three (3) days, the City Clerk has been unable to locate the owner or the owner refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of. Such dog 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 was a gift to the animal shelter, or euthanized by a licensed veterinarian if it appears to the veterinarian that the dog is diseased or disabled beyond recovery
(c) If at any time before the sale or destruction of any dog impounded under the provisions of this article, the owner of 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 as set forth in the City Fee Resolution, and shall not apply to any dog alleged as being dangerous or vicious under section 2-115 or suspected of rabies under section 2-119 of this code.
(d) Impoundment fees will be as set forth in the City Fee Resolution, and any release of a dog shall be subject to the owner complying with the requirements of sections 2-201 and 2-202, if the owner has not complied within seven (7) days, said dog shall be subject to disposal under this chapter.
(e) Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this article for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced hereunder.
(f) The redemption of any dog impounded for a violation of any provision of this chapter shall be prima facie evidence of the violation of such provision by the person redeeming the dog.
(Ord. 520, 532; Code 2016)
(a) If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-207 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 2-207.
(Code 2016)
Upon a finding by the Municipal Court that any dog or pup in the City is dangerous or vicious as defined in this chapter the Judge of the Municipal Court of the City of Wellsville, Kansas, may order the same forthwith seized, impounded and destroyed by the proper authority; provided or removed from the city pursuant to directives approved by the Municipal Court. Lack of knowledge by the owner of the danger or viciousness of a dog or pup shall not be a defense to any action brought under this section.
(Code 2016)
(a) It is unlawful for the owner of any dog or pup to carelessly, inattentively, willfully or maliciously permit such dog or pup to howl, bark or yelp so as to disturb the peace and quiet of the neighborhood. Complaints must be signed by two land owners or occupants who reside within three hundred feet of the property whereon such dog or pup is located.
(b) If one citizen summons a Police Officer to his/her residence within 300 feet of the property where the dog or pup is located, and within the discretion of the Police Officer the dog or pup is disturbing the peace and quiet of the neighborhood, then that officer may issue a citation for disturbing the peace.
(Ord. 580; Code 2016)
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 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.
(Code 2016)
Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such order shall be published in the official newspaper of the city for such period of time as the mayor may deem necessary.
(Code 2016)