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 $15.00 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. A fee not to exceed $5.00 per license for any organization administering dog registration under a contract with the City.
D. An owner of a dog that meets the following conditions may be exempt from the requirements for subsequent annual registration and affixing of dog tags under this Article, after the first such registration, when:
1. the dog has been implanted with a unique and identifying microchip capable of being read by an external reader owned by the organization administering dog registration under a contract with the City;
2. the dog has been vaccinated for rabies; and
3. the dog has been sterilized and the owner has presented satisfactory evidence of sterilization as defined in subsection A of this section.
E. Failure to register a dog residing within the corporate city limits shall be punishable in the amount of $50.00 per dog, unless such animal is exempt under this section.
F. Sentence enhancement is appropriate refer to Sec. 3-331.
(Code 2015; Ord. 4126-23)
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)
(Code 2015; Ord. 4170-26)
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)
(Code 1982; Code 2015; Ord. 4170-26))
(Code 1982; Ord. 4170-26)
The City Prosecutor shall have the authority to seek the enhancement of sentences as provided in this article 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)