CHAPTER 3. ANIMALSCHAPTER 3. ANIMALS\Article III. Dogs

Every person who by words, sign or otherwise, sets any dog(s) or pup(s) to fight, or causes any dog(s) or pup(s) to attack any other dog or any other animal, or aids or abets or encourages any dog(s) or pup(s) to attack or chase any human being not engaged in malicious or criminal acts, or being the owner, keeper or harborer of any dog(s) or pup(s) knowingly permits such dog(s) or pup(s) to fight without endeavoring to prevent such fighting, shall be guilty of a Class A Misdemeanor.

(Code 1982; K.S.A. 21-4315 et seq.)

A.    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 shall be renewed on an annual basis. The vaccination shall be administered by a licensed veterinarian.

B.    Violation of this section is a Class C Misdemeanor.

C.    Sentence enhancement is appropriate refer to 3-331

(K.S.A. 47-125; Code 2015)

Between January 1st and February 15th of each year, the dog owner shall register all dogs owned by her/him and pay the following fees:

A.    The registration fee shall be in the amount of $8.00 for each sterilized male or 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. Before a tag showing payment of any fees for any sterilized dog, the owner of such animal shall present satisfactory evidence of such fact by a 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.    A registration fee of $40.00 shall be collected for each unsterilized male or female dog whose owners reside within the Corporate Limits of the City, provided that all unsterilized male or female dogs appertaining to the same household shall be registered in the name of the head of such household.

C.    Failure to register an animal residing within the corporate city limits shall be punishable in the amount of $50.00 per animal.

D.    Sentence enhancement is appropriate refer to Sec. 3-331

(Code 2015)

A late registration fee of $20.00 shall be collected whenever the owner fails, neglects, or refuses to pay the registration fee provided for in Section 3-303 (B). 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 as set out in Section 3-303.

(Code 1982; Code 2015)

All issued registrations shall be valid until December 31st of each year.

(Code 1982; Code 2015)

A vaccination certificate attested to by a licensed veterinarian shall be presented upon registration. The registration shall be by an organization that is approved by the Governing Body. Upon presentation of a valid certificate of vaccination and the following information shall be recorded: owner’s name and address; color, breed, gender, age, weight, names (if any), and date of vaccination. After recording said information, a license shall be issued 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. The person making application shall sign the registration form which shall be conclusive evidence of the application for registration. The City Clerk of the City of Ottawa shall, between December 1st and January 15th, of each year, cause notice to be given of the registration period for dogs by publication at least once in the official city newspaper.

(Code 2015)

A.    It shall be unlawful for the owner of any dog to permit such dog outside the dwelling of the owner without a collar or harness. The tag required in Section 3-306 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 $1.00 each.

B.    Failure to exhibit a tag on the dog can result in a fine of up to $50.00.

(Code 1982; Code 2015)

A.    The provisions 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 shall be kept under restraint by the owner.

(Code 1982; Code 2015)

A.    It shall be unlawful for the owner of any dog or pup to permit such dog or pup to run at large within the Corporate Limits of the City at any time. Any dog or pup shall be deemed to be running at large when found off the real property of the owner and not under restraint. It shall be lawful for the Animal Control Officer or other person duly appointed by the City Manager to pursue and capture such dog running at large and to enter a private property, as defined in Section 3-301.

B.    Permitting a dog or pup to run at large is a Class C Misdemeanor.

(Code 1982; Code 2015)

A.    Any dog or pup in violation of this article within the City limits may be captured or taken up by the Animal Control Officer of the City or other person duly appointed by the City Manager and impounded in a place provided for that purpose by the City and a record of all dogs or pups impounded with their description containing the following information: color, sex, weight, height, identifying marks, registration number or rabies vaccination number and the date of impounding.

B.    Any dog impounded under this article which has not been claimed within the three (3) business day limit as provided in Section 3-311 may be sold to any person. Such person shall be required to have the dog duly registered and inoculated as provided for in Section 3-302. No dog shall be sold to any person who shall use the dog for experimental purposes or who shall not treat such dog in a humane manner.

(Code 1982; Code 2015)

A.    If a dog impounded under this article has no current registration tag, as provided for by Section 3-306, it shall be kept for three (3) business days, and if within that time the owner does not appear to claim such dog, it may be sold, euthanized or otherwise disposed of. If, within three (3) business days of the impoundment date, the owner of an impounded dog shall appear and claim such dog, the dog shall be turned over to the person claiming it upon payment of an impounding fee as set by resolution or portion thereof such dog remains impounded, and upon compliance with the requirements of Sections 3-303 and 3-306.

B.    If a dog so impounded has a current registration tag attached to it, the owner of such dog, as shown by the records, shall be notified as soon as possible within a three (3) business day impounding period. If at the end of three (3) business days the animal shelter has been unable to locate the owner or the owner refuses to claim or redeem the dog, then the dog may be sold, euthanized or otherwise disposed of.

C.    If a dog so impounded does not have a current registration tag and a rabies vaccination certificate, and such dog is reclaimed by the owner, then such owner shall pay all impounding fees and register and have such dog vaccinated. If the owner has not complied with this section within seven (7) days, such dog shall be subject to disposal.

(Code 1982; K.S.A. 41-1718; Code 2015)

It shall be unlawful to own, keep or harbor more than four (4) dogs that are to be kept at the same address or on the same premises within the corporate limits of the City of Ottawa, Kansas, except where an approved kennel is permitted by city zoning regulations.

(See also 3-313-3-319; Code 2015)

A.    An unspayed female dog shall be kept securely confined in an enclosed place while in heat.

B.    A violation of this section is a Class C Misdemeanor.

(Code 1982)

A.    All dogs brought into the City shall comply with rabies vaccinations.  If said imported dog remains more than thirty (30) days, said dog shall be registered in accordance with the provisions of this article.

B.    A violation of this section is a Class C Misdemeanor.

(Code 1982)

A.    It shall be unlawful for any person, firm or corporation to sell or attempt to sell dogs or pups in the City without furnishing a certificate showing the date of birth of such dog or pup and its name and address, or a health certificate from a licensed veterinarian, which certificate shall be transferred to the purchaser of such dog from the person selling the dog.

B.    It shall be unlawful to sell any dog over six months of age unless the dog has first been inoculated against rabies and a certificate of vaccination issued.

C.    A violation of this section is a Class C Misdemeanor.

(Code 1982)

If there is a change in ownership of a dog during the license year, the new owner may have the current license transferred to his name upon the payment of a transfer fee of $1.00. The tag and license receipt shall not be transferable.

(Code 1982)

A.    Cleanliness- It is hereby declared to be a nuisance and unlawful for any person to maintain any dog or pup in an area that is not at all times clean, dry and sanitary and free from excessive debris, garbage, water and offensive odors.  All yards and pens shall be cleaned daily.

B.    Drainage of premises- All dog pens and yards shall be so located that an adequate drainage is obtained and normal drying occurs and standing water is avoided.

C.    Inspection by City- All premises subject to the right of entry as defined in Section 3-203 on which dogs are kept shall be subject to inspection by Animal Control Officers.  If the authorized personnel of the City determines from such inspection that the premises is not being maintained in a clean and sanitary manner, s/he shall notify the owner or keeper of the dogs in writing to correct the sanitation deficiencies within 48 hours after notice is served on him.

D.    Any person failing to comply with the requirements of the Animal Control Officer shall be guilty of a Class C Misdemeanor.

E.    Sentence enhancement is appropriate refer to 3-324

(Code 1982; Code 2015)

A.    It shall be unlawful for any person to neglect, deprive of necessary sustenance, cruelly beat, mutilate or cruelly kill a domestic animal or cause or procure a domestic animal to be deprived of necessary sustenance, cruelly beaten, mutilated or cruelly killed.  Any domestic animal found to be cruelly treated shall be placed with the Humane Society for adoption or disposition at the owner’s expense.

B.    Cruelty to dogs or pups is a Class B Misdemeanor.

C.    Sentence enhancement is appropriate refer to 3-331

(Code 1982; Code 2015)

A.    It shall be unlawful for any person other than a duly authorized officer to break open or attempt to break open any enclosure in which dogs or pups are confined or held pursuant to the provisions of this article, or to take or let out any dog or pup placed therein by an officer of this City, or take or attempt to take from an officer of this City any dog or pup taken by him, or in any manner interfere with or hinder any officer of this City in catching or taking up any dog or pup.

B.    A violation of this section is a Class B Misdemeanor.

(Code 1982)

A.    Any cash bond posted as ordered by the Municipal Court under Section 3-214 shall be held by the City Clerk for a period of one (1) year, subject to forfeiture provisions of Section 3-214.  Such cash bond shall be accompanied by an accurate color photograph and detailed written description of the vicious dog or other animal in question.  No interest shall inure to the benefit of any person posting such a bond.  During the one-year bond period, the person may reclaim the bond posted by providing the City Clerk with a sworn statement signed by the owner of the vicious dog or other animal stating that such vicious dog or other animal is either (1) deceased or (2) has been removed from the City and will not be returned.  If such a statement is not received by the City Clerk during the one-year period, the cash bond shall be deemed forfeited.  Any bond forfeited shall be paid to the City Treasurer and deposited in the general operating fund of the City.

B.    The filing of a false statement under this section shall be considered an ordinance violation punishable by a fine of up to $500.00.

(Code 2015)

A.    It shall be unlawful for any person to conceal a dog or pup or interfere with the Animal Control Officer or any law enforcement officer in the performance of his legal duties, as provided in this Chapter.  The officers shall have the right of entry onto any unenclosed lots or lands for the purpose of collecting any dog or pup which is on such lot or land in violation of this article and whose presence or existence is a violation of the provisions of this article.  The officers shall have the right of entry to any property or premises for the purpose of examining or obtaining any dog or pup suspected of having rabies, having been exposed to rabies or having bitten a person or other animal.

B.    A violation of this section is a Class B Misdemeanor.

(Code 1982)

No person shall in any way keep, harbor, own or possess within the Corporate Limits of Ottawa, Kansas, any pit bull dog; provided, that pit bull dogs registered with the City on or before October 12, 1987, may be kept within the City subject to the standards and requirements as follows:

A.    Leash and muzzle- No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length.  No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash.  Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc.  In addition, all pit bull dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

B.    Confinement- All pit bull dogs must be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided.  Such pen, kennel or structure must have secure sides and a secure top attached to the sides.  All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure.  Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet.  In addition, all structures erected to house pit bull dogs must comply with all zoning and building regulations of the City.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

C.    Confinement indoors- No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition.  In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

D.    Signs- All owners, keepers or harborers of registered pit bull dogs within the City shall within ten (10) days of the effective date of this ordinance display in a prominent place on their premises a sign easily readable by the public using the words, “Beware of Dog”.  In addition, a similar sign is required to be posted on the kennel or pen of such animal.

E.    Insurance- All owners, keepers or harborers of registered pit bull dogs must within ten (10) days of the effective date of this ordinance provide proof to the City Clerk of public liability insurance in a single incident amount of $50,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal.  Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the City Clerk.

F.    Identification photographs- All owners, keepers or harborers of pit bull dogs must within ten (10) days of the effective date of this ordinance provide to the City Clerk two (2) color photographs with different poses of the animal clearly showing the color and approximate size of the animal.

G.    Reporting requirement- All owners, keepers or harborers of pit bull dogs must within ten (10) days of the incident, report the following information in writing to the City Clerk as required hereinafter:

1.    The removal from the City or death of a registered pit bull dog.

2.    The birth of offspring of a registered pit bull dog.

3.    The removal of the newborn dog as required in Section 9 hereinafter.

4.    The new address of a registered pit bull dog owner should the owner move within the Corporate City Limits.

H.    Sale or transfer of ownership prohibited- No person shall sell, barter or in any other way dispose of a pit bull dog registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the City.

I.     Animals born of registered dogs- All offspring born of pit bull dogs registered within the City must be removed from the City within six (6) weeks of the birth of such animal.

J.     Irrebuttable presumptions- There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by Section 3-323 of this article is in fact a dog subject to the requirements of this section.

K.    Failure to comply- It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the City to fail to comply with the requirements and conditions set forth in this article.  Any dog found to be the subject of a violation of this Ordinance shall be subject to immediate seizure and impoundment.  In addition, failure to comply will result in revocation of the license of such animal resulting in the immediate removal of the animal from the City.

L.    Violations and penalties- Any person violating or permitting violation of any provision of this article shall, upon conviction in Municipal Court, be fined a sum not less than $200.00 and not more than $1,000.00.  In addition to the fine imposed, the Court may sentence the defendant to imprisonment in the County Jail for a period not to exceed thirty (30) days.  In addition, the Court shall order the registration of the subject pit bull revoked and the dog removed from the City.  Should the defendant refuse to remove the dog from the City, the Municipal Court Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this Ordinance continues shall be deemed a separate offense.  In addition to the foregoing penalties, any person who violates this Ordinance shall pay all expenses, including shelter, food, handling, veterinary care, and testimony necessitated by the enforcement of this Ordinance.

M.   Severability- If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this ordinance.

N.    Sentence enhancement is appropriate refer to 3-324

(Code 1982; Code 2015)

The term “pit bull dog” is defined to mean:

A.    The bull terrier breed of dog.

B.    Staffordshire bull terrier breed of dog.

C.    The American pit bull terrier breed of dog.

D.    The American Staffordshire terrier breed of dog.

E.    Dogs of mixed breeds or of other breeds than those listed in this section, which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers.

F.    Any dog which has the appearance and characteristics of being predominantly of the breed of bull terrier, Staffordshire bull terrier, American pit bull terrier or American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.

(Code 1982)

The City Prosecutor shall have the authority to seek the enhancement of sentences as provided in this Ordinance by following the following procedure:

1.    Enhancement is appropriate if the defendant has violated the same or similar Code at least two (2) times in the preceding five (5) years from the date of the charge of the current violation.

2.    The City Prosecutor shall file a notice to enhance the sentence prior to the trial or plea in the current case, and shall provide the defendant notice of the enhancement at least 10 days prior to the plea or trial.

3.    For each defendant the enhancement shall be as follows: for the first filing the enhancement shall be double the penalty provisions contained in this chapter; for second and subsequent filings for a defendant the enhancement shall be triple the penalties contained in this chapter.

4.    Sentence enhancement is appropriate for violations of the following Sections:

3-302, Vaccination Requirements

3-303, Registration Fees

3-324, Maintenance Requirements

3-325, Cruelty to Dogs or Pups

3-329, Pit bulls, Keeping Prohibited

(Code 2015)