CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. DOG AND CATS

(a)   It shall be unlawful for the owners, keeper, harborer of any dog or cat to permit any dog or cat to run at large within the city at any time; provided however, that any dog or cat kept inside a pen, fence, structure, or securely tied or tethered on a leash, rope or chain in such a fashion to prohibit the animal from getting on the public rights-of-way or another's property shall not be considered running at large. This section shall not apply to dogs used by law enforcement officers or dogs being used to aid blind persons or dogs being obedience trained.

(b)   Any person found guilty or who pleads guilty of violating this section shall be fined in an amount not to exceed $15.00 on the first conviction hereof; on the second conviction such person shall be fined in an amount not to exceed $50.00; on the third or subsequent convictions such person shall be fined an amount not to exceed $100.00. However, should there be a period of four consecutive years from the last conviction, then the amount of the fine will revert to the first-time offense level. Additionally, on third or subsequent convictions hereof the municipal court may impose imprisonment not to exceed 30 days in the Rice County, Kansas jail. Further, on the third or subsequent conviction, should the municipal court find the animal to be a threat to the safety and welfare of the citizens of the city it may cause such animal to be destroyed.

(Ord. 2311, Sec. 2)

It shall be the duty of, and lawful for, the city's animal control officer or police officer to pursue and capture any dog or cat found to be running at large as defined in section 2-201 of this article and for the purpose of such pursuit and capture, he or she shall have the authority to enter upon private property to effectuate capture. However, the animal control officer shall not enter into any inhabited structure or structure located upon private property.

(Ord. 2311, Sec. 3; Code 2014)

(a)   Definitions: Within the provisions of this Article the following definitions shall apply:

(1)   Potentially dangerous dog - means any dog which:

(A)  Unprovoked, inflicts injury on a human or a domestic animal, either on public or private property; or

(B)  Unprovoked, chases or approaches a person or domestic animal upon the streets, sidewalks, or any public or private property in a threatening or menacing fashion; or (c) Is known to have a propensity, tendency, or disposition to attack without provocation or to cause injury or otherwise to threaten the safety of humans or domestic animals on any public or private property.

(2)   Securely enclosed and locked - means a pen or structure which has secure sides and a secure top. If the pen or structure has no bottom secured to the sides, then the sides must be secured in the ground.

(3)   Unconfined - means not securely confined indoors or in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring, or having the care of the animal.

(b)   Designation of Potentially Dangerous Dogs.

(1)   The Sterling Police Chief, or his designee, or Animal Control officer shall designate potentially dangerous dogs within the City of Sterling, Kansas. Such person shall designate such dog as being potentially dangerous if it falls within any of the previously set forth definitions. Additionally, a dog may be designated a potentially dangerous dog by the Chief of Police or Animal Control officer upon written complaint by any person willing to testify that such animal has acted in a manner which falls within the definition of a potentially dangerous dog.

(2)   The designation of any dog as being potentially dangerous shall be in writing and shall be served upon the owner or any harborer thereof by one of the following methods:

(A)  Certified mail if the owner's address is known;

(B)  Personal service; or

(C)  If the owner cannot be served by either of the first two methods, by publication two consecutive weeks in the official City newspaper.

(3)   The Notice designating a potentially dangerous dog shall contain the following:

(A)  Physical description of animal;

(B)  Name and address of owners, if known;

(C)  Facts upon which the designation of potentially dangerous dog was based;

(D)  The right of the owner to request a hearing within 10 days after receipt of the Notice of Designation of Potentially Dangerous Dog;

(E)   The restrictions placed on the dog as a result of the designation as potentially dangerous. Restrictions placed upon the animal by such designation shall be effective immediately upon such designation and during any appeal thereof;

(F)   The penalties for violation of the restrictions, including potential destruction of the dog, imprisonment of the owner, and/or applicable fines to the owner.

(c)   Hearing on Designation of Potentially Dangerous Dog.

(1)   Should the owner object to the designation of potentially dangerous dog, he/she shall request a hearing before Sterling Municipal Court by filing a written request for hearing within 10 days of the receipt of such notice of declaration, or 10 days from the last publication notice.

(2)   Such hearing provided for herein shall be held as expeditiously as possible. The burden of proving that the animal is a potentially dangerous dog shall be upon the designating authority. The owner shall be given the opportunity to be heard and present evidence in support of his/her contention. No formal rules of evidence shall apply, but the proceeding shall provide a fair and impartial opportunity for both sides to be heard. Either party may be represented by counsel should they choose.

(3)   If the Municipal Court finds from a preponderance of the evidence there is sufficient justification to support the designation of potentially dangerous dog, then the designation shall be upheld. If the Municipal Court finds there is insufficient evidence to support such designation, then such designation shall be rescinded and the restrictions imposed thereon shall be withdrawn. The decision of the Municipal Court shall be made in writing within 5 days after the completion of the hearing and shall be furnished to both the designating agency and the owner.

(4)   The owner may appeal any ruling of the Municipal Court upholding the designation of potentially dangerous dog by filing such appeal with the District Court pursuant to law, and the filing of the applicable appeal bond. All restrictions placed on such animal by reason of designation of potentially dangerous dog shall be in full force and effect throughout the appeal process and until such designation has been overturned.

(d)   Restrictions and Removal upon Designation.

(1)   Upon the initial designation of potentially dangerous dog as determined by the Chief of Police or others as set forth at Section (b) (1) above, and pending the hearing, the dog shall be securely confined or enclosed in a pen or other structure suitable to confine the animal. At any time the animal is not confined in such pen or structure, the dog shall be in the physical accompaniment of its owner or other person of suitable age and ability to control the animal, and shall be securely leashed or tethered, and muzzled.

(2)   Should the owner fail to request a hearing before the Municipal Court within the time period allowed, or upon the determination by the Municipal Court that such dog is found to be Potentially Dangerous, as defined herein, then the following restrictions shall apply:

(A)  The animal shall only be allowed to stay within the city limits if the dog is kept within a pen or other structure suitably constructed to assure the dog cannot get out; and;

(B)  At any time the dog is outside the pen or enclosure, it shall continuously be kept on a leash or tether and in the accompaniment of a person of a suitable age and ability to control the animal.

(C)  Should the owner fail to comply with the above restrictions, then such owner shall be subject to the provisions of paragraph (e) hereof, and the dog shall be permanently identified to the satisfaction of the designating officer or the municipal judge and thereafter shall be permanently removed from the city limits, or alternatively, euthanized.

(3)   Should the owner appeal the decision of the Municipal Court finding the animal to be potentially dangerous by filing timely notice of appeal together with any appeal bond, the Order of removal of the animal from the city or the destruction of such animal shall be stayed during such appeal. However, the dog shall be securely confined as set forth above, during the appeal.

(4)   Should a dog receive a second or subsequent designation of Potentially Dangerous Dog, by the Chief of Police or others as set forth herein, the dog shall immediately be taken under control by said officer and impounded at the city impoundment facility. The same notice and hearing procedure for initial designation shall apply to second and subsequent designations. However, upon a second or subsequent determination that a dog is Potentially Dangerous, the dog shall no longer be allowed to remain in the city limits, and must be permanently marked to- the satisfaction of the Chief of Police or Municipal Judge, and thereafter removed from the City, or alternatively, may be euthanized.

(5)   Should a dog be found to be Potentially Dangerous, all expenses of impoundment, identification and euthanization shall be borne by the owner.

(e)   Penalty for violation of restrictions. Any person who does not comply with the restrictions imposed upon any dog designated as a Potentially Dangerous Dog hereunder shall, upon conviction thereof, be found guilty of a misdemeanor, and shall be punished by a fine in an amount not exceeding $1,000.00 or incarceration for a period not exceeding 179 days. In addition, any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification marking or insertion of identification chip, euthanasia, or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of any such dog. Any dog which has been designated potentially dangerous, found to be in violation of the restrictions placed upon its keeping, shall be immediately seized and impounded. Furthermore, any potentially dangerous dog which attacks a human being or domestic animal may be ordered immediately destroyed when, in the Court's judgment, such- potentially dangerous dog represents a significant threat of harm to human beings, domestic animals or property.

(Ord. 2359, Sec. 1; Code 2014)

(a)   Definitions. For purposes herein, any dog that inflicts severe, significant or substantial harm or injury to a person or other animal without reasonable provocation therefore shall be defined as a dangerous dog. For purposes of this section, any injury, caused by a dog, that requires medical or veterinary treatment shall be presumed to meet the definition of severe, significant, or substantial harm or injury.

(b)   Whenever any dog is a dangerous dog as defined herein, the Chief of Police, or his designee, or Animal Control Officer may immediately take control of the dog and impound it. Thereafter, the officer may designate the animal as a dangerous dog, and may comply with the provisions of Section 2-203 regarding notice and procedures for potentially dangerous dogs, which shall apply hereto.

(c)   After the proceedings established in Section 2-203, should a dog be found to be a dangerous dog, the dog shall be euthanized. However, should the owner appeal the determination, the order to euthanize the animal shall be stayed pending the outcome of the appeal.

(d)   Should the dog be found to be a dangerous dog, the owner or harborer of such animal shall pay all costs of impoundment, euthanasia, and other reasonable and necessary veterinary expenses.

(Ord. 2359, Sec. 2; Code 2014)

(a)   It shall be unlawful for any person to bring into the City of Sterling any dog that has violated any other jurisdiction's animal control laws or ordinances, or has been known to previously cause harm or injury to persons or animals.

(b)   Any person found to have violated -this section shall be guilty of an unclassified misdemeanor and shall be subject to a fine of up to $1,000 and/or imprisonment of up to 30 days, or both such fine and imprisonment. Each day the dog remains in the City shall constitute a new offense.

(Ord. 2359, Sec. 3; Code 2014)

It shall be unlawful for any person to keep within the city any animal which by creating a noise for prolonged periods of time either by day or night which disturbs the peace and quiet of any person within the city.

(Code 1984; Code 2014)

(Code 1984)

The owner, harborer or keeper of any female cat or dog shall during the period such animal is in heat keep it securely confined and enclosed within a building.

(Code 1984)

The owner of any animal, dog or cat when such animal is off the owner's property, shall be responsible for the removal of any feces deposited by such animal on public walks, streets, recreation areas, or private property and it shall be a violation of this provision for such owner to fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defecation occurred.

(Code 1984)

No animal, dog or cat, shall be allowed inside any business, store or public building within the city except with the permission of the building's owner or manager. “Seeing-eye” dogs and dogs under control of law enforcement officers shall be exempt from the provisions of this section.

(Ord. 2311, Sec. 4)

(a)   Upon receipt of notification from a duly licensed practitioner of medicine, registered nurse, physicians assistant, licensed veterinarian, law enforcement officer, animal control officer, or any other person with direct knowledge that an animal, dog or cat, bite has probably occurred, it shall be the duty of any public official, their agent, or animal control officer to contact the owner, keeper, or harborer of such animal involved in the incident and advise him or her to place the animal immediately with a regularly licensed and practicing veterinarian for a confinement period of not less than 10 days or more than 15 days from the time of the bite. The exact period of confinement shall be at the discretion of the veterinarian selected and the owner shall be liable for all such costs incurred.

(b)   Any owner, keeper, or harborer who shall fail to comply with the provisions of this section shall be deemed guilty of a misdemeanor. Further, should any owner, keeper or harborer fail to immediately place such animal, dog or cat, with a regularly licensed and practicing veterinarian, the police officer or animal control officer shall immediately take control of the animal, dog or cat, and forthwith deliver it into the custody of the veterinarian for quarantine confinement.

(c)   Biting animals, dogs or cats, for which an owner, keeper, or harborer cannot be located shall be taken into custody by a law enforcement officer or animal control officer and confined for a minimum period of 10 days and a maximum period of 15 days from the time of the bite. Should such animal, dog or cat, become ill, die or found to have rabies within such period, the health officer shall be notified and his or her instructions followed for further management. If such animal, dog or cat, is alive and well at the end of the confinement period, it may be returned to the owner thereof after payment of applicable costs and fees, or if the owner cannot be ascertained, it may be disposed of pursuant to section 2-217 hereof.

(Ord. 2311, Sec. 5)

(a)   There is hereby charged a license fee upon each owner or other person in control of a dog or cat within a household, within the city limits in the following specified amounts as follows:

(1)   $2.00 per year for year spayed or neutered dog or cat per household, satisfactory proof thereof to be provided;

(2)   $75.00 per year for each unspayed or unneutered dog or cat;

(b)   The fee shall be due and payable on or before the first day of March each year; provided further that it shall be the duty of the owner, keeper or harborer of any dog or cat, more than six months of age, kept in the city to cause the dog or cat, to be vaccinated by a competent veterinarian to immunize such animal against becoming rabid, and the certificate of the vaccination must be exhibited to the city clerk as a condition for obtaining registration and licensing of the dog or cat, and its being kept within the corporate limits of the city. The certificate signed by a veterinarian is that the dog or cat, has been vaccinated for rabies covering the year the license is to be issued; provided further, the owners or harborers of any dog or cat, which shall become six months of age or of any dog or cat, of the age of six ·months or older brought into the city or shall be six months or older after being brought into the city following the first of March of any year, shall be taxed as hereinbefore provided and the fee shall be due and payable immediately upon bringing any such dog or cat, in the city or when the dog or cat, shall be six months of age as the case may be. If the owner or any other person in control of any dog or cat, within the city limits fails to pay the license fee, as set forth herein, on or before such date, the license tax shall double.

(c)   Any new resident to the city, or any person acquiring a dog or cat, shall have a 60 day period in which to· pay the applicable license fee at the regular amount. Should such person fail to pay the license fee within the period of time as described in this section, then a penalty shall be imposed and the license fee shall be double the tax as called for in this section.

(d)   All such fees herein levied shall to the city clerk be paid, who shall issue a receipt for the taxes paid.

(Ord. 2311, Sec. 6)

The city clerk shall publish in the official city paper at least 30 days before March 1st of each year a notice that the license fee on owners and harborers of dogs or cats current year is due and payable on or before the 1st of March; provided, the fee required to be paid may be received by the city clerk at any time following January 1st of any calendar year.

(Ord. 2311, Sec. 7)

(a)   Upon payment of the applicable annual license fee, as herein set forth, the city clerk shall issue a tag for each licensed dog or cat for that calendar year, or, at the option of the owner, a dog or cat may be implanted with an identification microchip, as specified by the city, by a licensed veterinarian, and proof thereof be given to the city clerk. All dog and cat licenses and tags shall expire on March 1st of the succeeding year.

(b)   It shall be the duty of the city clerk to procure at the expense of the city, such number of suitable metallic tags numbered and lettered and the year, for the purpose designated herein, as may be necessary, and upon payment of the license fee herein specified, shall issue a receipt which shall show the name of the person paying the fee, the number of dogs or cats and their sex, indicating spayed female dogs or cats as the case may be, for which a license is paid, and number of tags given, where more than one is issued to the same person. The money so received shall be paid to the city treasurer to the credit of the general operating fund of the city.

(c)   The tag issued for any dog or cat showing the payment of license fees shall be affixed to the collar of the dog or cat by a permanent metal fastening in such a manner that the tag shall be readily seen by the officers of the city. It shall be the duty of the owner or harborer of any dog or cat for which a license fee has been paid to cause such collar and tag to be constantly worn by any such dog or cat, except for those receiving the identification implant as previously set forth. Duplicate dog or cat tags shall be issued as provided by section 2-217.

(Ord. 2311, Sec. 8)

It shall be unlawful to counterfeit the license tags hereinbefore provided for with the intent to defraud the city, or to take or steal from any dog or cat any such tag, duly purchased and placed on such dog or cat, by the owner or keeper thereof.

(Ord. 2311, Sec. 9)

It shall be unlawful for any person to have, keep, harbor, or maintain or cause to be kept, harbored or maintained within the city for more than 72 hours any dog or cat for which a tag showing payment of the license fee required to be paid by this article for the current year is not displayed.

(Ord. 2311, Sec. 10)

The provisions of this article with respect to registration shall not apply to any dog or cat owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dogs or cats shall be subject to all other requirements of this article.

(Ord. 2311, Sec. 11)

It shall be the duty of the chief of police and every police officer, ACO (animal control officer), or other person duly appointed and authorized by the governing body to take under control and impound dogs and cats found to be in violation of this article where reasonably possible. However, should such officer or person fail to capture and impound such dog, or cat after making a reasonable effort to do so, and the owner or person in control of such dog or cat can be ascertained and determined, the officer may issue a citation and summons to such owner or person in control of such dog or cat for allowing the dog or cat to violate any of the above mentioned sections of this article. Further, whenever any police officer or any other person duly appointed and authorized by the governing body as set forth herein, determines that any dog or cat or any other animal constitutes a threat to the safety and welfare of the citizens of the city, and such dog or cat or any other animal cannot be captured and impounded with the use of reasonable efforts, then such officer or authorized person may destroy such animal.

(Ord. 2108, Sec. 4; Code 1984)

(a)   Whenever any dog or cat shall be impounded as set forth herein and the animal is properly licensed, the chief of police, or other authorized person, shall use every reasonable effort to notify the owner or custodian of such impoundment, the date thereof and the last date the animal may be redeemed. The owner or custodian of such properly licensed dog or cat shall have 10 calendar days, commencing on the next day following the impoundment, in which to redeem such animal as set forth at subsection (d).

(b)   Whenever any dog or cat shall be impounded, as set forth herein, and the animal is not properly licensed, the chief of police, or other authorized person, shall use every reasonable effort to notify the owner or custodian if known or reasonably ascertained, of such impoundment, the date of such impoundment, and the last date the animal may be redeemed. The owner or custodian of such unlicensed animal shall have three business days, commencing on the next business day following the date of impoundment, in which to redeem such animal as set forth at subsection (d).

(c)   Whenever any dog or cat shall impounded, as set forth herein, and the animal is not properly licensed and the owner or custodian is unknown, nor reasonably ascertained, the chief of police, or other authorized person, shall place upon a list available to the public at the city hall, a physical description of the animal impounded, the date and place of impoundment, and the date by which such animal shall be redeemed. The owner or custodian of such unlicensed animal shall have three business days, commencing on the next business day following the day of impoundment, in which to redeem such animal as set forth at subsection (d). .

(d)   The owner or custodian shall have the first opportunity to reclaim their dog or cat which has been impounded. However, should any person indicate a desire to reclaim the impounded animal, during such period of impoundment, and the owner or custodian of such animal not redeem the animal, then any person may redeem the animal. An owner, custodian or other person wishing to reclaim an impounded dog or cat may do so by paying unto the city clerk all license sums due; all costs of feeding and boarding; obtaining the proper tags or implanting the identification chip as set forth at section 2-212; and compliance with the requirements of K.S.A. 47-1731 as amended, together with the applicable impoundment fee as follows:

(1)   First impoundment, $15.00;

(2)   Second impoundment, $50.00;

(3)   Third and subsequent impoundment, $100.00;

(4)   The impoundment fee also being reduced at the end of the four year period as stated at section 2-201 (b). Whenever the applicable license fees have been paid, the city clerk shall issue a duplicate tag when necessary to such redeeming person and collect a fee of $5.00 for such tag.

(e)   Whenever any dog or cat shall remain unclaimed after the appropriate redemption period, such animal shall become the property of the city and may be disposed of as the city may determine.

(Ord. 2311, Sec. 12)

It shall be unlawful for any person other than a duly authorized officer of the city to break or attempt to break open the pound, or any enclosure used for impounding dogs or cats, or to take or let out any dog or cat placed therein by any officer of the city or to take or attempt to take from any officer of the city any dog or cat taken up by him or her under the provisions of this article, or in any manner to interfere with or hinder any such officer in chasing, taking up or impounding any dog or cat.

(Ord. 2311, Sec. 13)