CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. DOGS

All dogs, kept, harbored, or maintained by their owners in the City of Inman shall be licensed and registered if over six (6) months of age. All licenses shall be required within (10) days after the first day of January each year, or within (10) days after the acquisition of a dog by owner, or within (10) days after the dog becomes six (6) months old. Dog licenses shall be issued by the City Clerk upon payment of a license tax of five dollars ($5.00) for each neutered male or spayed female and ten dollars ($10.00 ) for each un-neutered male and un-spayed female, provided, if any dog owner shall fail, neglect, or refuse to buy a license within ninety (90) days from the time required by this article, such owner shall be penalized by paying for such license an additional $1.00 each month in addition to said 90 days during which said owner shall fail, neglect or refuse to obtain such license. The owner shall state at the time application is made for such license and upon printed forms provided for such purposes, his name and address, and the name, age, breed, color and sex of each dog owned or kept by him or her. The provisions of this section shall not be intended to apply to dogs whose owners are nonresidents temporarily within the city, nor dogs brought into the city for the purposes of participating in a dog show, nor to “seeing eye” dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from places to places.

(Ord. 432; Code 2014)

Upon payment of the license fees, the clerk shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The shape of the tag shall be changed each year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every owner or harborer shall provide each dog with a collar to which the license tag must be affixed and shall see that the collar and the tag are consistently worn. In case a dog tag is lost or destroyed, a duplicate will be issued by the clerk upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a three dollar ($3.00) fee for such duplicate. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of the death of a dog, transfer of ownership or the owner’s leaving the city before expiration of the license period.

(Ord. 432; Code 2014)

No owner or keeper of any dog or cat shall permit such dog or cat to run at large at any time. If any dangerous, fierce or vicious dog found at large cannot be safely picked up and impounded, such dog or cat may be slain by any law enforcement officer.

(Ord. 432; Code 2014)

(a)   The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the city or constituting 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.

(b)   Costs of impoundment will be paid directly to the animal shelter or impounding facility.

(c)   In case the identity of the owner of the impounded animal or fowl 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.

(Ord. 432; Code 2014)

At any time before the sale or destruction of any animal impounded under the provisions of this article, except for animals impounded under sections 2-101(g) (vicious) and 2-207 (rabid), the owner thereof may redeem the animal by paying the animal shelter or facility, the impounding fee and all costs incurred as a result of such impoundment.

(Ord. 432; Code 2014)

It shall be the duty of the Police Department to keep all dogs so impounded for a period of five (5) days unless reclaimed by the owner, as above provided, before the expiration of five (5) days. If, at the expiration of five (5) days, from the date of impoundment of a dog, such dog shall not have been redeemed, it may be destroyed. Any unlicensed dog required by law to be licensed, or any dog which appears to be suffering from rabies or affect with hydrophobia, mange or other infectious or dangerous disease shall not be released but may be forthwith destroyed.

(Ord. 432; Code 2014)

If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the owner’s premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two (2) weeks. The owner shall notify the Police Department of the fact that his dog has been exposed to rabies and at his discretion, the Police Department is empowered to have such dog removed from the owner’s premises to a veterinary hospital and there placed under observation for a period of (2) weeks at the expense of the owner. It shall be unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off his premises or beyond the limits of the city without written permission of the Police Department. Every owner, or other person, upon ascertaining a dog is rabid shall immediately notify the Police Department who shall either remove the dog to the pound or summarily destroy it.

(Ord. 432; Code 2014)

It shall be unlawful for the owner of any dog to keep or maintain the dog within the City of Inman unless it shall have been vaccinated by a licensed veterinarian with anti-rabies vaccine within one (1) year preceding the date upon which such dog is kept or maintained in the City of Inman and no license or tag shall be issued to the owner of any dog who has not complied with this requirement. Provided, that in the event the dog has been properly vaccinated with anti-rabies vaccine effective for a period of three (3) years, then the license shall be issued as herein provided. It shall be the duty of every owner of a dog to display upon request of the Chief of Police or duly authorize representative of the City of Inman evidence of such vaccination.

(Ord. 432; Code 2014)

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 by the owner thereof at all times.

(Ord. 432; Code 2014)

Any person violating any provision of this article, except Section 2-210 Vicious Dogs, shall upon conviction of this unclassified misdemeanor, be fined not less than $75 nor more than $200, or imprisoned not more than 15 days, or both. In addition, any person found guilty shall pay court costs and any expenses necessitated by the seizure of the animal including shelter, food, boarding, veterinary expenses and any such other costs as may be required for the destruction of the animal.

(Ord. 559)

It shall be illegal for a person to have within the city limits of the City of Inman, Kansas a vicious dog except as set out herein.

(a)   No person owning, harboring or having the care of a “vicious” dog shall suffer or permit such dog to go unconfined on the premises of such person.

(b)   No person owning, harboring, or having the care of a “vicious” dog shall suffer or permit such dog to go beyond the premises of such person unless the dog is securely muzzled and restrained by a leash no longer than four (4) feet in length which is in the physical control of a person of suitable age and discretion. Such dog may be transported if it is securely confined within a motor vehicle.

(c)   In addition to complying with all other requirements of this article, the owner of a “vicious” dog shall:

(1)   Register such dog within ten (10) days of the effective date of this article by reporting the following information, in writing, to the Inman City Clerk.

(A)  The age, sex, breed, and weight of the dog.

(B)  The owners’ name and address where dog will be kept,

(2)   Post signs including, but not limited to, the following language:

“ WARNING, VICIOUS DOG”.

Such signs shall be posted in a conspicuous place visible from the public sidewalk or roadway.

(3)   Within ten (10) days of the effective date of this article (Ordinance 432), provide two color photographs of the dog showing its color and approximate size to the Inman City Clerk.

(4)   Allow the Inman City Police onto the premises where the dog is kept for the purpose of inspecting the pen or enclosure in which the dog is confined.

(5)   Within ten (10) days of the effective date of this article (Ordinance 432), provide proof of liability insurance to the Inman City Clerk, in a single incident amount of $100,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any such person which may result from ownership, keeping, or maintaining such animal. Such insurance policy shall provide a clause that no cancellation of the policy will be made unless (10) days notice is first given to the Inman City Clerk.

(6)   Report to the Inman City Clerk within ten (10) days of the incident, the following information in writing:

(A)  The death or removal from the City of such dog;

(B)  The birth of offspring of such dog;

(C)  The new location of such dog if it’s moved within the City limits;

(D)  The acquisition of any such dog.

(Ord. 432; Code 2014)

Whenever a sworn complaint is filed in the Municipal Court of the City of Inman alleging that a dog is “vicious” and that it is being kept or harbored in violation of this article, the municipal judge shall hold a hearing to determine whether or not the dog is “vicious” within the meaning of this article, and is being kept or harbored in violation of the article. The owner or harborer of the dog shall be notified, in writing, of the time and place of the hearing at least on (1) week prior to the hearing. In making a determination, the municipal judge shall consider the following:

(a)   The seriousness of any bite or attack.

(b)   Past history of bites or attacks.

(c)   Likelihood of future attacks or bites.

(d)   The conditions and circumstances under which the dog is kept or confined.

(e)   Any other factors which may reasonably relate to determining whether or not the dog is “vicious”.

Pending hearing, if the subject dog has not already been impounded, the municipal judge may order the impoundment, muzzling, and/or confinement of the subject dog in a manner and location that will minimize danger to other persons or animals pending outcome of the hearing, if such impoundment, muzzling, or otherwise safe confinement, is not reasonably feasible, or if prior municipal court orders to restrain such dog have gone unheeded, the municipal judge may order the dog immediately destroyed without a hearing.

If after hearing, the municipal judge determines that the dog is “vicious” within the meaning of this article, and is being kept or harbored in violation of this article, then the municipal judge shall find the owner, keeper or harborer thereof guilty of a violation of this article and shall order the owner, keeper or harborer thereof to immediately destroy such dog or permanently remove it from the City of Inman (other than by abandonment) and to furnish proof of such destruction or removal within a period of time set by the municipal judge; provided however, if the dog has been determined to be “vicious” according to this article, the municipal judge may establish conditions under which the dog may be kept or harbored and order the return of the dog. Before the dog is returned to the owner or harborer, the municipal judge shall require it to be properly licensed by the City of Inman (if not already) and shall require the person taking custody of the dog to pay all accrued impoundment charges and to post a cash bond in the amount of $100.00 to assure compliance with the courts’ order. If the court orders are not complied with and proof thereof filed with the Municipal Court, any police officer for the City of Inman shall impound the dog and have it destroyed. If the dog cannot be impounded without danger to the officer, he/she shall destroy it immediately. Upon such impoundment or destruction of the dog, the municipal judge shall order the cash bond forfeited.

(Ord. 432; Code 2014)

Any person violating any provision of this article regarding vicious dogs, shall upon conviction be fined not less than Two Hundred Dollars ($200.00) and not more than One Thousand ($1,000.00) or imprisoned not more than (60) days, or both. In addition any person found guilty of violating this article shall pay all expenses, including shelter, food, boarding, veterinary expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be required for the destruction of such dog.

(Ord. 432; Code 2014)