Ordinance 1303 - Dogs

ORDINANCE NO. 1303

AN ORDINANCE RELATING TO DOGS

PROVIDING FOR THE REGISTRATION  OF DOGS AND THE PAYMENT OF FEES THEREFORE; PROHIBITING THE RUNNING AT LARGE OF DOGS; PROHIBITING THE KEEPING OF VICIOUS OR DANGEROUS DOGS; PROVIDING FOR THE ENFORCEMENT OF SUCH REQUIREMENTS AND PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GYPSUM, KANSAS.

SECTION 1.  DOG REGULATION, TAGS AND FEES

(a)    No person shall keep a dog within the corporate limits of the City of Gypsum, Kansas, after such dog has reached the age of three months, unless such person shall comply with the following regulations:  The owner, keeper or harborer of any dog over three months of age shall cause the name, sex, and description of such dog to be registered at the City Hall.  All registrations issued by City Hall shall be valid from date of issue through April 30 of the following year.  New residents of the City or persons acquiring a dog or owning a dog that attains age requiring registration shall have 30 days in which to register such dog at the regular fee.  The City shall issue and deliver to the owner of such dog a tag of metal, or other durable substance, bearing a number corresponding to the number of the registration record.

(b)   Prior to the registration of any dog, the owner thereof must present to City Hall a valid certificate issued by a licensed veterinarian showing that such dog has been vaccinated for rabies for the  current registration period.  There shall be an annual registration fee of FIVE DOLLARS ($5.00) for each neutered male dog and each spayed female dog.  Registration fee for unneutered male dogs or unsprayed female dogs is TEN DOLLARS ($10.00).

(c)    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.

(d)   Visiting Dogs.  The provisions of this article with respect to registration shall not apply to any dog owned by any person visiting or temporarily remaining within the city for less than 30 days.  However, such dogs shall be kept under restraint at all times. 

SECTION 2.  CITY RECORDS.  The City Clerk shall keep a book or record in which shall be entered the following information:  owner’s name and address AND color, breed, sex, and name (if any) of the dog.

SECTION 3.  ANNUAL NOTICE.  Each year, it shall be the duty of City Office Staff to place a notice of the requirements of this ordinance on the March and April City utility billings.  Such notice shall serve as notification to owners of dogs in the City that all such dogs must be registered on or before April 30 of that year.  Such other information as is pertinent may be included in said notice.

SECTION 4.  RUNNING AT LARGE PROHIBITED; PENALTY.  It shall be unlawful for the owner of any dog to permit such dog to run at large within the corporate limits of the City of Gypsum at any time.  Any dog shall be deemed to be running at large when found off the real property or premises of the owner and not under restraint.  “Under restraint” is defined as meaning when controlled by line or leash not more than 15 feet in length, when the line or leash is held by a competent person; or within an attended vehicle.  A “competent person” means a person who is capable of controlling the behavior of the dog in question and to whose command said dog is obedient.  It shall be lawful for a law enforcement officer or other person duly-appointed by the City Council of the City of Gypsum to have the right of entry onto any lots or lands for the purpose of enforcing the provisions of this section.  Provided, however, the authorized individual shall not have the right of entry to enclosed dwellings used for residential purposes, except for the purpose of examining or obtaining any animal suspected of having rabies, having been exposed to rabies or having bitten a person or other animal.

SECTION 5.  IMPOUNDING DOGS AT LARGE.  Whenever any dog shall be found running at large within the corporate limits of the City of Gypsum, any such dog may be taken up or captured by a law enforcement officer or other person duly-appointed by the City Council and such dog shall be held at the shelter provided for such purpose.  If the dog so impounded has a current registration tag attached to it, the owner of such dog, as shown by the records of City Hall, shall be notified as soon as possible within the 72 hour impounding period.   The owner of such dog so held or cited shall show proof of ownership and proof of residency and shall pay to the person in charge of such shelter house, any shelter fees or board bill due.  Upon payment of same, any such dog shall then be released to the owner.  This shall not apply to any dog alleged as being vicious under Section 6 . The dog so impounded shall be kept for 72 hours; and if within that time the owner does not appear to claim such dog, it will become the property of the shelter.  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.

SECTION 6.  VICIOUS OR DANGEROUS DOGS.  

(a) It shall be unlawful for any person to keep possess, or harbor any vicious dog within the corporate limits of the City of Gypsum.    Impoundment of dogs whose owners have been cited for violation of this section shall be at the discretion of the law enforcement officer, or any other person duly appointed by the City Council.  

(b)   Defined:  For purposes of this ordinance a vicious dog shall include:

(1) Any dog 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 dog that attacks a human being or domestic animal without provocation;

(3) Any dog owned or harbored primarily or in part for the purpose of fighting or trained for fighting;

(4) Any dog that is urged by its owner or harborer to attack or whose owner or harborer threatens to provoke such dog to attack, any person or animal.  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 code.

SECTION 7.  NUISANCE ANIMAL ACTIVITIES PROHIBIED.  It shall be unlawful for the owner of any dog 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 dog which:

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

(b)   Damages public or private property other than that of its owner or harborer by it activities or with its excrement;

(c) Scatters refuse that is bagged or otherwise contained;

SECTION 8.  NOISY ANIMALS.  The keeping or harboring of any dog which by loud, frequent, and habitual barking, howling, or yelping shall disturb the peace of ay neighborhood is hereby prohibited.  It shall be the duty of any person harboring or keeping such loud or noisy dog to abate the condition, and if he or she fails to do so the city may abate it by taking up and impounding the dog at the expense of the owner.

SECTION 9.  ANIMAL CONFINES; SHELTERS.  It shall be unlawful for any person to keep or maintain any dog 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.

SECTION 10.  DEFINITION.  For the purposes of this ordinance, the following words and phrases shall mean:

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

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

(c) Dangerous or vicious dog – means any dog deemed to be dangerous or vicious per section 6.

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

(e)   Harbor – means any person who shall allow any dog 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.

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

(g) Neutered – means any male or female dog that has been permanently rendered sterile.

(h)   Own – means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any dog.  If a minor owns any such dog 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.

(i)  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 a dog against rabies.

(j) Veterinarian – means a Doctor of Veterinary Medicine licensed by the State of Kansas.

SECTION 11.  ENFORCEMENT.  It shall be the duty of any law enforcement officer or any other person duly appointed by the City Council of the City of Gypsum to enforce the provisions of this ordinance; and the same are hereby authorized to make whatever investigations and to issue such notices, complaints, citations, orders or directions as are necessary for the enforcement of the provisions of this ordinance.  Where one of the above-named officers is specifically referred to in any provisions of this article, that reference shall be constructed to mean any officer authorized to enforce this ordinance.

SECTION 12.  PENALTY.  Any person convicted of any violation or provision of this ordinance declaring an unlawful act, or who fails or neglects any other duty required by this ordinance, shall, on conviction thereof, be fined not less than $50.00, $108.00 court costs, veterinary related expenses plus the costs of any fees incurred by the City or shelter for related expenses.

SECTION 13.  REPEAL.  Ordinance No. 1129 and Ordinance No. 1230 and all conflicting ordinances are hereby repealed.

SECTION 14.  EFFECTIVE DATE.  This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

PASSED AND ADOPTED this 11th day of September, 2023.