CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 1. DOGS

The words and phrases used in this article shall be defined as follows:

(a)   At large means off the premises of the dog’s owner and not controlled by a leash/ chain/cord for any extended time.

(b)   City means the City of Marquette, Kansas.

(c)   Dog shall mean any breed of canine, male, female or fixed.

(d)   Dog Kennel means any premises or business where (4) four or more dogs over (6) six months of age are owned, boarded, bred, raised, bought, sold or kept and/ or offered for sale, resale, training or teaching which may or may not be done commercially for profit. Any number of dogs beyond (3) three will be presumed to a “dog kennel” for purposes of this article, and must follow the rules and regulations described in Section 2-114.

(e)   Enforcement Authority means the Chief of Police, City Manager, or City employee, and/ or their respective designees.

(f)   Owner means any person(s), firm, association or corporation owning, keeping, or harboring, or taking care, custody and control for a dog.

(g)   Pit Bull is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics of being predominantly of the breed of dogs known as any of the breeds listed above. The registration of the dog with a dog association or in any governmental jurisdiction as any of the dogs listed above shall constitute prima facie evidence the animal is prohibited by the city code.

“Predominantly” as used hereinabove shall mean that the officer has knowledge through identification procedures, admission by owner, keeper, or harborer, or otherwise that the animal is more than fifty percent pit bull. Predominantly shall further mean that the animal exhibits the physical characteristics of a pit bull more than that of any other breed of dog. If an officer cannot determine the predominant breed of dog in question as pit bull, the animal shall not be subject to the provisions unless the animal is later positively identified as a pit bull by a licensed veterinarian.

(h)   Vicious dog means a dog which has shown a propensity to attack and/or bite without provocation to a person. If another animal has been attacked or bitten by a dog, there should be a report to the “enforcement authority.”

(Ord. 557; Code 2018)

(a)   Pit bulls prohibited. No person shall own, possess, keep, exercise control over, maintain, harbor, transport, or sell a pit bull dog within the City limits of Marquette, Kansas.

(b)   Noisy dogs/nuisance. No owner shall keep or harbor in the City any dog who continuously and loudly barks, howls, or yelps to a degree that disturbs any person or neighborhood. Said owner should be called once by the person and/or neighborhood (consisting of at least 3 persons) before reporting to the “enforcement authority”

(c)   Running at large. No owner shall permit a dog to run at large within the City at any time. Such dogs are subject to impoundment as prescribed in Sections 207:209. In addition to being required to reimburse the City for all costs incurred, the following fines will be imposed. For a first offense, a fine of at least fifty dollars ($50.00) shall be assessed. For a second offense committed within one year of prior offense, a fine of at least one hundred dollars ($100.00) shall be assessed. For a third and subsequent offense(s) committed with one prior being within the same year, a fine of at least two hundred dollars ($200) shall be assessed.

(d)   Keeping dog without license or tag. No owner shall keep, harbor or maintained any dog within the City for more than (30) thirty days if taxes have not been paid or current tags purchased. Any dog who is not current with its tags or license may not be protected at the time of a reported incident.

(e)   Vicious dogs prohibited. No person shall permit a dog who is suspected to have been exposed to or have rabies to be removed from its owner’s premises without the written permission of the Enforcement Authority.

(Ord. 557; Code 2018)

(a)   All dogs kept, harbored or maintained in the City shall be licensed if over six (6) months of age. Dog licenses shall be issued by the City Clerk upon payment of a license tax.

(b)   Process. Licenses shall be purchased every year by the end of April or within 10 days after acquiring any dog. At the time of application for a license the person/owner shall complete a written form stating the owner/persons name and address, each dog’s name, age, breed, color and sex.

(c)   Cost. Licenses are three dollars and fifty cents ($3.50) for each neutered or spayed dog and ten dollars ($10.00) for each intact dog. The person/owner must provide proof of dog being neutered or spayed.

(d)   Penalty for failure to obtain license. If a dog owner shall fail, neglect or refuse to buy a license by the time required by this article, such owner shall be penalized by paying twenty-five ($25.00) dollars a month with a maximum of two hundred dollars ($200) if the owner does not obtain a license. This penalty will be charged in addition to the cost of a license.

(e)   Exemption. Dogs temporarily in the City to participate in a dog show or properly trained to assist blind persons are not required to be registered or licensed with the City Clerk.

(Ord.; 3; Ord. 90; Ord. 187; Ord. 283; Ord. 394; Ord. 557; Ord. 597; Code 2018)

(a)   Dog tags shall be worn by all dogs at all times.

(b)   Process. Upon payment of a license fee, the City Clerk shall issue a license certificate and dog tag. The shape of the tags shall be changed every year and shall state the year of issue, and corresponding number listed on the license certificate. Owners or persons purchasing tag and license shall present evidence of current rabies vaccination.

(c)   Duplicate tag. In the event a tag is lost or destroyed, duplicate tags may be issued by the City Clerk providing the owner or person presents a receipt for previously purchased tag(s) and fifty cents ($0.50) for the duplicate.

(d)   Transfer and refunds prohibited. No tag shall be transferred from one dog to another. Refunds shall not be given in the event of a dog’s death, a transfer of ownership, the dog’s removal from the City, or the dog’s owner moving to another city.

(Ord. 394; Ord. 557; Code 2018)

All dogs kept, harbored or maintained in the City shall be vaccinated by a licensed veterinarian with antirabies vaccine within one year prior to living in the City. No tag or license certificate will be issued by the City Clerk if the owner does not produce evidence of a dog’s current rabies vaccination. Every owner shall produce upon demand of any enforcement authority evidence of a dog’s current vaccination.

(Ord. 257; Ord. 557; Code 2018)

(a)   If a dog is believed to have rabies or has been bitten by a dog believed to have rabies, the dog shall be immediately confined by a leash or chain on the owner’s premises. The owner shall immediately notify Enforcement Authority of such possible rabies exposure. The Enforcement Authority may remove the dog from its owner’s premises and have the dog kept at veterinarian hospital for observation by a veterinarian for two consecutive weeks. If the dog is allowed to remain confined on the owner’s premises, the dog shall be observed by a veterinarian for two consecutive weeks. The owner shall pay for all veterinarian expenses regardless of where the dog is observed.

(b)   Removal. No owner who believes a dog may have rabies shall permit the dog to be removed by anyone other than the Enforcement Authority without the written permission of the Enforcement Authority.

(c)   Duty to notify. Any person, regardless of whether or not they are the dog’s owner shall notify Enforcement Authority upon determining that a dog is rabid.

(Ord. 257; Ord. 557; Code 2018)

(a)   Impoundment. Enforcement Authority may seize and impound any dog found to be running at large, or any dog which appears to be a pit bull, or any dog in violation of any other section contained in this article. Any dog impounded will not be released without a current rabies vaccination. Owners will be assessed all costs incurred by the City, for and during impoundment.

(Ord. 394; Ord. 557; Code 2018)

Enforcement Authority shall impound any animal which is reasonably believed to have bitten or otherwise injured a person. The dog shall be impounded for at least seven (7) days from the date of the injury, for the purposes of observing the dog for symptoms of rabies or other communicable diseases.

(Ord. 557; Code 2018)

Within 48 hours after impounding a dog, the owner shall be notified by the Enforcement Authority. If the owner is unknown, notification of a dog’s impoundment will be posted at the City Hall for five (5) consecutive days, describing the dog’s time and place of taking. Any outstanding fees must be paid prior to a dog being released. All costs of impoundment shall be paid within thirty (30) days to the City Clerk.

(Ord. 557; Code 2018)

The pound master shall keep all impounded dogs whose owner is unknown, or unclaimed for six (6) days after notice has been posted as provided in Section 2-109 unless sooner reclaimed. If a dog is not claimed after six (6) days the pound master may destroy or release the dog. A dog shall only be released if a redemption fee, set by the City, is paid to the City Clerk. No dog will be released until the owner has complied with this article. If in the opinion of the pound maser the dog may not be safely released, it may be destroyed. Prior to redemption of any unclaimed dog the City Clerk or the pound master shall be furnished an affidavit stating that the dog is not being redeemed for or on behalf of its owner.

(Ord. 557; Code 2018)

No person, other than Enforcement Authority, shall enter or attempt to enter the pound without permission of the pound master, to take or release a dog placed there by this City. No person shall obstruct, impede or prevent the Enforcement Authority from apprehending a dog or carrying out the duties prescribed herein.

(Ord. 557; Code 2018)

(a)   Cost. Any reasonable cost incurred by the City in seizing, impounding, confining, or disposing of any dog pursuant to this article shall be charged against the owner or person harboring such animal and shall be subject to collection by any lawful means. This includes an impoundment fee, daily boarding fee and any cost of veterinary services incurred during impoundment.

(b)   Penalties. The violation of any provision of this article shall be punished by a fine of not more than two thousand five hundred dollars ($2,500) or by imprisonment for a period not exceeding one (1) year, or by both fine and imprisonment, as ordered by the court.

(Ord. 557; Code 2018)

(a)   Record. The City Clerk shall keep a record of the names and addresses of persons registering dogs. This record shall include the dog’s name, sex, breed, whether or not the dog is intact, color, and/or description and such other information deemed necessary.

(b)   Annual notice. The City Clerk shall publish a notice each year in the official City newspaper on or before April 1st. This notice shall notify owners or harborers of dogs in the City that the annual dog registration will be due on or before April 30th. Other pertinent information may also be included in this notice.

(c)   Enforcement. It is the duty of the Enforcement Authority of the City to enforce the terms and provisions of this article, and the Mayor of the City may appoint additional persons to assist in the enforcement of this article.

(Ord. 557; Code 2018)

(a)   Dog kennels. No person, firm or corporation shall operate a dog kennel, commercial or for profit, within the City unless such person, firm or corporation has first obtained a license from the City Clerk.

(b)   Kennel license fees. The fee for a license to operate dog kennel shall be one-hundred fifty dollars ($150) per year. All licenses shall expire on April 30th each year. Licenses shall be issued by the City Clerk of the City upon proper application, upon approval of the City Council.

(c)   Kennel exemption from dog licenses. Dogs kept by the operator of a dog kennel shall not be subject to payment of dog tax as provided in this article, if such dogs are kept in pens or enclosures so they cannot run at large.

(d)   Kennel regulations. Dog kennels shall be kept free of dirt and filth and in a sanitary condition, as far as practicable, and shall be operated so as not to be offensive to the health, safety and general welfare of the public, or to the residents of the vicinity in which the dog kennels are operated.

(Ord. 557; Code 2018)

All fees, charges and penalties paid to or collected by any officers of the City pursuant to this article shall be paid to the city clerk and the city credited to the general operating fund.

(Ord. 557; Code 2018)