For the purposes of this article, the following words and phrases shall mean:
(a) Animal control officer One or more persons designated by the governing body and/or the mayor to perform or enforce the provisions of this article.
(b) Dog Pound - a place where dogs are to be impounded, and such pound shall be at any place where designated by the governing body.
(c) Dogs - Any animal which is wholly or in part of the canine species.
(d) Harborers or Owners - see section 2-108.
(e) Household - consists of one or more related or unrelated persons living in the same residential structure within the City.
(f) Licensed Veterinarian - a veterinarian duly licensed to practice such profession by the state in which such veterinarian’s principal office is located.
(g) Other Animal- Any animal other than a Dog.
(Ord. 21; Ord. 72; Code 2021)
The owner of harborer of dogs within the City of Linn Valley, Kansas shall pay to said city an annual license fee as follows:
(a) There shall be and there hereby is established an annual license fee to be paid for each dog in each household of the age of three months or which reaches such age during the license year, within the corporate limits of the city, as follows:
(1) For the first dog in each household:
(A) if neutered $3.00
(B) if not neutered $8.00
(2) For the second dog in each household:
(A) if neutered $3.00
(B) if not neutered $8.00
(3) For the third and each additional dog in each household:
(A) if neutered $3.00
(B) if not neutered $8.00
(4) If three or more dogs in any household, an additional and special use fee of $25.00.
(b) The license fee herein required shall cover the period from March 1 to the last day of February each year, and shall be due and payable on or before May 1 of each year; provided that the license fee for a dog subject to this section which reaches the age of three (3) months or which is brought into the city on or after the 1st day of May shall be due and payable within thirty (30) days after the date such dog reaches the age of three months or is brought into the city, whichever occurs first.
(Ord. 21; Ord. 32; Ord. 43; Code 2021)
No fractional year license shall be issued.
(Ord. 21; Code 2021)
If the license fee imposed and required to be paid on each dog by section 2-102, is not paid within the time required, a penalty of Ten Dollars ($10.00) shall be added to the amount of the annual registration fee for such dog as set forth in section 2-202(a).
(Ord. 21; Ord. 50; Code 2021)
The owner or harborer of any dog shall cause the same to be licensed and listed at the office of the city clerk in a proper book or record provided for that purpose. The city clerk shall, upon payment of the license fee for such dog, issue and deliver to the owner a suitable metal check or tag, bearing a number and stating the year for which issued. Such tag shall be securely affixed to the collar or harness of each dog so registered in such manner that the same may at all times be easily visible to the animal control officer of the city. If such tag be lost, the city clerk, upon request and satisfactory proof that the same has been lost, shall issue a duplicate tag upon the payment of the sum of $8.00.
(Ord. 21; Code 2021)
No dog registration tag shall be issued until the owner or harborer shall furnish to the city clerk a certificate signed by a licensed veterinarian showing thereon that said dog has been immunized for rabies for a period of not less than the calendar year of the animal’s registration.
(Ord. 21; Code 2021)
The city clerk shall keep a book or record in which he or she shall enter the names and addresses of the owners paying license fees for dogs, the name, color and description of the dog, and such other information as may be deemed necessary; provided, that the governing body may require an annual enumeration during the month of May of each year, of all dogs owned or harbored within the city, which enumeration shall be taken by some person appointed by the governing body or mayor for that purpose. The enumeration shall account for the number, ownership and sex of all dogs owned or harbored.
(Ord. 21; Code 2021)
Any person keeping, feeding, harboring and/or allowing a dog to remain on their residential property within the limits of the city for five (5) consecutive days shall be deemed the owner thereof.
(Ord. 21; Code 2021)
(Ord. 21; Code 2021)
It shall be lawful for any animal control officer to use any devise, rope, net or enticement now devised or hereafter devised or any other method to enforce such ordinance so long as such method is humane; provided, that such methods are optional with the city and nothing herein shall be construed to be a condition precedent to the methods provided for in sections 2-111:112.
(Ord. 21; Code 2021)
The animal control officer of the city may kill, without notice, any dog that is vicious or which appears to be infected with rabies or hydrophobia, whether it bears the tag herein provided or not.
(Ord. 21; Code 2021)
It shall be unlawful for the owner or harborer of any dog, when notified by an animal control officer that such dog has bitten any person or has so injured any person as to cause a laceration and/or puncture of the skin, to sell or give away such dog or to permit or allow such dog to be taken beyond the limits of the city for a period of fifteen (15) days after the date that such dog has so bitten or injured any person, except under the care of a license veterinarian. It shall be the duty of such owner or harborer upon receiving notice of the character aforesaid to immediately place such dog in a licensed veterinary hospital where such dog shall be confined for a period of not less than ten (10) days; and such owner or person harboring such dog shall notify the city clerk of the name and location of said veterinary hospital and the date such dog was so confined. The owner or harborer of said dog shall pay any unpaid license fees, penalties and board costs of said dog.
(Ord. 21; Code 2021)
No person shall keep or harbor a dog which by loud, frequent and habitual barking, howling, yelping, screeching or fighting, shall annoy or disturb the public peace.
(Ord. 21; Code 2021)
It is unlawful for any owner or harborer of a dog to permit such dog to be at large at any time within the city. Further, dogs must be confined to the premises of their owner or harborer, except when off the premises and then (a) under the voice and visual control of a person eighteen (18) or more years of age, (b) on a leash, (c) in a cage or (d) in a car or other conveyance. Any dog shall be deemed to be “running at large” when found on property other than that exclusively owned or occupied by the owner or harborer of such dog unless said dog is then under the voice and visual control of a person eighteen (18) or more years of age, on a leash, in a cage, or in a car or other conveyance. For the purposes of this section “confined to the premises” means confined either inside the residence structure of the owner or harborer or, if outside the residence structure of the owner or harborer, physically restrained on a chain or leash or within a suitable fence or other proper method of physical restraint from which the animal cannot escape; provided, however, that if the animal is under the voice and visual control of a person eighteen (18) or more years or age and on the residential property of the owner or harborer of such dog, the dog shall be considered confined to the premises.
It shall be the duty of, and lawful for, animal control officers to pursue and capture any dog running at large, and for the purpose of such pursuit and capture such animal control officer shall have the authority to enter upon private property to effectuate capture; however, such animal control officer shall not enter into any enclosed fenced area or structure located upon the residential property of the owner or harborer of such dog. Upon the capture of such dog found running at large, the animal control officer shall cause said dog to be transported and impounded in a dog pound, and shall, thereupon, notify the owner or harborer of such dog of such impoundment, if a city registration tag is then affixed to the collar or harness of such dog, which notice should be in writing and delivered to an adult member of the household of such owner or harborer or by posting such notice on the front door of the residence of such owner or harborer within the city.
Said dog shall be held in said dog pound for six (6) days after the delivery or posting of such notice or the initial date of impoundment, whichever event last occurs, to be reclaimed by the owner or harborer thereof, provided that the dog’s condition does not indicate immediate and humane euthanasia. Upon such capture and impoundment, such impounded dog may be reclaimed by the owner or harborer thereof by a release granted by the city clerk upon the payment, in accordance with the rate schedule adopted by the City then in effect, of all capture, impoundment, transportation and board/care fees applicable to such dog. If such impounded dog is not reclaimed within the six-day holding period, such dog shall become the property of the dog pound to be disposed of by the latter by adoption or euthanasia.
All terms of sections 2-114:117 shall apply to any Other Animal allowed to run at large within the City of Linn Valley.
(Ord. 21; Ord. 72; Code 2021)
It is unlawful for any person to fail to immediately remove any excrement deposited by a dog owned or harbored by him or her or any dog then under his or her control on a leash or otherwise on any public or private property other than the property of the owner or harborer of the dog.
(Ord. 21; Code 2021)
It is unlawful for any owner or harborer of a dog or a person having such dog in their possession, to permit such dog to go upon a sidewalk, crossway, or private land or premises without the permission of the owner of such premises, and visibly damage any lawn, flower bed, plant, shrub, tree or garden.
(Ord. 21; Code 2021)
It shall be unlawful for any owner or harborer of a dog or a person having such dog in their possession to permit such dog to scatter garbage or other trash that has been placed for the purpose of the collection thereof in containers, including disposable bags, on private property, or on a street or at any other location within the city.
(Ord. 21; Code 2021)
There shall be and is hereby established a Dog Pound to be located at such place or places as may be designated by the governing body of said city, for the purpose of impounding and keeping dogs collected by the city, its agents and employees.
(Ord. 21; Code 2021)
Whenever any dog shall be found within the city limits of Linn Valley, Kansas without having a license or registration tag attached to such dog’s collar or harness, such dog shall be taken up by an animal control officer or any other agency designated by the city to do so, and such dog shall be held six (6) days at the city’s dog pound, and, if within said six (6) days the owner of any dog so held shall present to the person in charge of such dog pound a receipt from the Linn Valley City Clerk for the payment of a current license fee, including penalties, for such dog, such dog shall be delivered to the owner thereof. If not so claimed within six (6) days, said dog shall become the property of the dog pound to be disposed of by adoption or euthanasia. The owner or harborer claiming any dog as provided in this section, in addition to the payment of a current license fee, including penalties, applicable to said dog, shall also pay all capture, impoundment, transportation and board/care fees applicable to such dog in accord with the rate schedule adopted by the city then in effect.
(Ord. 21; Code 2021)
It shall be unlawful for any person other than a duly authorized animal control officer to break open or attempt to break open the pound or to take or attempt to take from an animal control officer of this city, any dog taken up by said officer under the provisions of this article, or in any manner interfere with or hinder any animal control officer of this city in catching or taking up any dog.
(Ord. 21; Code 2021)
All license fees, charges and penalties payable under this article paid to or collected by an animal control officer of the city under or pursuant to the provisions of this article shall be paid over to the city clerk and by such clerk credited to the general operating fund.
(Ord. 21; Code 2021)
It is made the duty of the animal control officer of the city to enforce the provisions of this article, and the governing body of the city may appoint some suitable person as a collector of dogs and other animals, whose duties it shall be to assist in the enforcement of this article and whose compensation shall be fixed by ordinance of the city.
(Ord. 21; Code 2021)
Any person convicted of the violation of any provision of this article (excepting the provisions of section 2-204), declared to be an unlawful act, or who fails or neglects any other duty required by this article, shall, upon conviction and after the court, subsequent to such conviction, has examined any prior conviction record to determine if the person has previously been convicted of the same offense within the previous thirty-six (36) months, be fined by the court according to the following schedule of fines:
(a) First Offense: up to $500
(b) Second Offence: up to $1000
(c) Third or any subsequent offence: up to $1500
The fine shall be in addition to any applicable court costs or impound fees.
(Ord. 21; Ord. 63; Code 2021; Ord. 262)
There is hereby established an impoundment fee of $25.00 which shall be assessed against the owner or putative owner of any dog impounded pursuant to this article or any other ordinance of the City of Linn Valley.
(Ord. 48; Code 2021; Res. 119)
There is hereby established an Boarding fee of $20.00 per day which shall be assessed against the owner or putative owner of any dog impounded pursuant to this article or any other ordinance of the City of Linn Valley. This boarding fee, in addition to all other fines, costs and fees payable under this or other ordinances of the City, is payable under the terms of this article.
(Ord. 134; Code 2021; Res. 119)