Definitions of terms as used in this article relating to dogs shall be as follows:
(a) Police Officers - shall include police officers of the city and/or any other person, firm, partnership or corporation designated by the governing body as an employee of the city and as a contractor for the city to perform and/or enforce the provisions of this article: Provided, That the mayor of the city also perform and enforce the provisions hereof.
(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) Harborers or Owners - Section 2-208.
(d) Licensed Veterinarian - A veterinarian duly licensed to practice the profession by the State of Kansas and maintaining an office in the State of Kansas.
(e) Dogs at Large - See Section 2-210.
(f) Spayed Female Dog - See Section 2-206.
(Ord. 501)
Provisions relating to tax upon owners and harborers of dogs in the city shall be as follows:
(a) There shall be and there herby is levied an annual tax of $5.00 upon the owner or harborer of each dog at the age of three (3) months or over reaching such age during the license year, within the corporate limits of the city of Mound City.
(b) The tax herein levied shall cover the period from January 1 to December 31 of each year and shall be due and payable on or before January 1 of each year.
(Ord. 501; Ord. 564)
If the tax in Section 2-202 is not paid within the time required, the amount of such tax shall be and is hereby increased One Dollar ($1.00) for each calendar month or part thereof during which the same remains unpaid and delinquent from and after July 1 of any year.
(Ord. 501)
The owner or harborer of any dog shall cause the same to be listed or registered 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 tax 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 will 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 police officers of the city. If such tag is lost, shall issue a duplicate tag upon the payment of the sum of One Dollar ($1.00).
(Ord. 501)
No tag shall be issued until the owner or harborer shall furnish to the city clerk a certificate signed by a registered veterinarian showing there on that the dog has been inoculated for rabies with either of the following:
(a) Killed tissue vaccine (sometimes known as “one-year”) within the six (6) months previous to the date of the issuance of tag.
(b) With the modified live virus vaccine (sometimes known as “three-year” vaccine) within thirty (30) months previous to the date and issuance of tag.
(Ord. 501)
Before the city clerk shall issue a tag showing he payment of any taxes for a spayed female dog, he shall require satisfactory evidence of such fact by the 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 or registration.
(Ord. 501)
The city clerk shall keep a book or record in which he shall enter the names and addresses of the owners paying taxes for dogs, the name, sex, if female, whether spayed or not, 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 February of each year, of all dogs owned or harbored within the city, to be taken by some person appointed for the purpose. The enumeration shall account for the number, ownership and sex of all dogs owned or harbored and may be compared and corrected with the dog assessment records of the county.
(Ord. 501)
Any person owning, keeping or harboring a dog within the limits of the city for three (3) consecutive days shall be deemed the owner thereof. Members of a household are prohibited from collectively owning more than two (2) dogs. Provided however, that a bitch with a litter shall be considered one (1) dog until the puppies of said bitch are three (3) months old.
(Ord. 501; Ord. 510)
Each year on or before the fifteenth day of May, it shall be the duty of the city clerk to publish a notice of the requirements of this article in the official city paper. Such notice may be published one or more times and shall notify owners or harborers of dogs in the city that the annual dog tax will be due and payable on or before July 1 following. Such other information as is pertinent may be included in this notice.
(Ord. 501)
(a) It shall be unlawful for the owner or person in charge of any dog to permit any such dog to run at large within the city; Provided, that any dog kept securely tied or kept within the owner’s private premises, or led by chain, strap or rope by some person in charge of such dog shall not be deemed to be running at large within the provisions of this article.
(b) The owner or harborer of a dog in the city who allows his dog to run at large within the city limits shall be subject to a fine for the first offense for violation of this section of not more than fifty dollars ($50.00); for the second offense in violation of this article shall be subject to a fine of not more than one hundred dollars ($100.00); for any third or subsequent offenses such person shall be subject to a fine of not more than two hundred dollars ($200.00).
(c) In addition to the fines set out in paragraph (b) above, upon conviction of a third or subsequent offense, the municipal court judge may order that the offending dog be confiscated and impounded by the chief of police to be adopted, euthanized or removed from the city limits at the discretion of the police chief.
(Ord. 501; Ord. 592; Ord. 595)
The provisions relating to impounding dogs running at large, the fees or redeeming the dogs and the disposition of unclaimed dogs in the city shall be as follows:
(a) It shall be the duty of the police officers of the city to immediately take into custody and impound any dog found running at large in the city contrary to this article or ordinance of the city. If taken into custody and impounded, the dog shall be kept for three (3) days, and if claimed by any person, shall be delivered to such claimant upon satisfactory proof that he is the owner or is entitled to possession thereof, and upon the payment of the following fees and charges:
(1) The sum of Twenty Dollars ($20.00) per day for impounding the dog: Provided, that in the event a longer impounding is ordered by the city or any other proper authority, then in addition to the Twenty Dollars ($20.00) per day charge, there shall be a charge of Twenty Dollars ($20.00) per day or any fraction thereof for the total period of the impoundment beyond the three (3) day period.
(2) The sum of Fifty Dollars ($50.00) as a redeeming fee: PROVIDED, That if any dog which is not carrying a license for the current year shall be claimed, the owner or claimant shall in addition to the payment of the license and veterinary fee pay the redeeming fee for the first impoundment during the calendar year and Seventy-five Dollars ($75.00) for the second impoundment in the same calendar year, and One Hundred Dollars ($100.00) for the third or subsequent impoundment in the calendar year. PROVIDED FURTHER, That the redeeming fee shall be in addition to all licenses, both city and veterinarian, and all boarding or impoundment fees as provided herein. The fees and penalties as provided for herein for subsequent offenses shall be calculated on the number of violations by a dog owner or harborer and not on each individual dog violation by said owner or harborer. All payments shall be to the city’s contractor or city clerk; however, all funds received and receipted for shall be the responsibility of the city clerk as provided by this article. The city clerk may issue duplicate tags upon payment of the actual cost thereof.
(b) If any dog shall not be claimed within three (3) days of the impounding of such animal, such dog or animal may be disposed of by the city’s contractor of the city marshal, chief of police or a veterinarian in a humane manner: Provided, that any dog found at large and impounded which is carrying a metal tag for the current tax year may be returned to the registered owner of the animal; if claimed, upon payment of the redeeming fee and impounding fee as hereinbefore provided, and if not, the animal may be disposed of as herein provided.
(Ord. 501; Ord. 510; Ord. 540; Ord. 546)
It shall be lawful for any officer or person designated to enforce the provisions of this article to use any device, rope net or enticement now devised or hereafter devised or any other method to enforce the provisions of this article so long as such method is humane.
(Ord. 501)
Whenever the health officer and/or the mayor of the city shall deem it necessary for the protection and welfare of the inhabitants of the city, he shall issue an order requiring all dogs kept within the city to be effectively muzzled for such length of time as may be specified in such order so as to effectively prevent them from biting or injuring persons or animals, and such order shall be published in the official city paper for such length of time as he may direct.
(Ord. 501)
It shall be unlawful for the owner of any dog to carelessly, willfully, or maliciously permit such dog to cause a disturbance of the peace or permit such dog to howl or bark so as to constitute a disturbance of the peace. The owner or harborer of a dog who is found to be in violation of Section 2-214 shall be subject to a fine for the first offense of not more than Fifteen Dollars ($15.00); for the second offense in violation of this article shall be subject to a fine of not more than Twenty-five Dollars ($25.00); for any third or subsequent offenses such person shall be subject to a fine of not more than Seventy-five Dollars ($75.00).
(Ord. 501)
There shall be and is hereby established a dog pound to be located upon property owned by the city, or at any other place as may be designed by the governing body of the city for the purpose of impounding and keeping dogs collected by the city, its agents and employees.
(Ord. 501)
It shall be unlawful for any person other than a duly authorized officer to break open or attempt to break open the pound, or to take or let out any dog placed therein by an officer of this city, or take or attempt to take from an officer of this city, any dog taken up by him under the provisions of this article, or in any manner interfere with or hinder any officer of this city in catching or taking up any dog.
(Ord. 501)
All taxes, fees, charges and penalties paid to or collected by any officer, contractor or city clerk under the provisions of this article shall be paid over to the city clerk and by him credited to the general operating fund to the city: Provided, That all boarding fees, and any fees obtained from the disposal of the animals in accordance with the provisions of this article and the orders of the city shall be retained in the event the city is operating under the provisions hereof providing for a contractor to provide the impounding facilities.
(a) All redemption fees collected either by the city’s contractor and/or the city’s enforcing officer, shall be paid over to the city clerk and by him credited to the general operating fund of the city.
(b) During the period of time the city is operating its own impounding facilities by salaried employee or employees, including the police department of the city, then in such an event all fees collected from any source whether the same by for boarding fees, redemption fees, or fees for the disposal of animals, shall then be paid over to the city clerk of the city and by him credited to the general operating fund of the city.
(Ord. 501)