City of Troy, Kansas                                  Created Jan 14, 2011

CITY OF TROY, KANSAS

ORDINANCE NUMBER 694

AN ORDINANCE RELATING TO ANIMAL CONTROL WITHIN THE CITY OF TROY, KANSAS; PROVIDING FOR THE ANNUAL LICENSING AND REGISTRATION OF DOGS AND PRESCRIBING A PROCEDURE THEREFORE; PROVIDING FOR THE IMPOUNDMENT AND DISPOSITION OF CERTAIN DOGS AND OTHER ANIMALS AND PRESCRIBING A PROCEDURE THEREFORE; PROVIDING FOR AN IMPOUNDMENT FACILITY; IMPOSING AND LEVYING AND PROVIDING FOR THE COLLECTION OF CERTAIN TAXES, FEES AND OTHER COSTS; CREATING AND DEFINING CERTAIN MISDEMEANORS AND PRESCRIBING A PENALTY FOR CONVICTION THEREOF; PROVIDING FOR THE ADOPTION OF RULES AND REGULATIONS NECESSARY TO CARRY OUT THE INTENT AND PURPOSE OF THIS ORDINANCE  AND REPEALING ORDINANCE NO 668 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES OF THE CITY OF TROY IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY:

SECTION 1. DEFINITIONS

. When used in this Ordinance

a. "Person" means an individual, public or private corporation, government, partnership, or unincorporated association.

b. "Owner" means any person who has, or claims to have, any interest or ownership in any dog located within the City.

c. "Harborer" means any person who shall permit or allow any dog to be or remain upon or within any part of any real estate within the City, either business or residential, which such person owns, leases, rents or otherwise possesses or controls for a period of more than three (3) consecutive days.

d. "City" means the City of Troy, Kansas, the Governing Body, thereof, and all real property situate within the corporate limits of said City.

e. "Enforcing Officer" means any duly appointed, qualified and acting law enforcement officer of the City of Troy, Kansas and all persons appointed and designated by the governing body of the City of Troy to assist in administering the terms and provisions of this Ordinance.

f. "Vaccination" and "Vaccinated" each mean inoculation or vaccination of a dog for rabies by a licensed or registered veterinarian with an anti-rabies vaccine which has been approved by the Kansas Department of Health and Environment.

g. "Certificate of Vaccination" means the certificate issued by a registered and licensed veterinarian showing that a dog for whom a license is applied for under this Ordinance, has had a vaccination which will remain effective for the entire period of time involved under the license applied for.

h. "Running at Large" means any dog that (i) is not confined in or by a building, fence or cage or within a vehicle, or (ii) is not restrained by means of a lead, leash, rope, chain or cord held by the animal’s owner or harborer or a designee thereof, (iii) is not securely tied, fastened and restrained by a rope, chain or cord of a type sufficient to retain the animal within the owner’s or harborer’s premises.

i. "Kennel Dog" means any dog which is bred, trained, boarded or kept at any business or establishment within the City which breeds, trains, boards, keeps or otherwise cares for the dogs of other persons as a business and for a charge or fee, provided however, that the owner or operator of the kennel at which any such dog is kept shall be duly registered and approved by the City as a kennel under this definition as a condition precedent to harboring any "Kennel Dogs".

j. "Visiting Dog" means any dog temporarily in the City accompanied by its owner or harborer who is a non-resident of the City, provided, however, that a dog visiting in the City for more than Ten (10) days shall be subject to registration and licensing as herein required.

k. "Vicious Dog" means any dog which possesses fierce, dangerous, mean, ill tempered or vicious propensities.

l. "Nuisance Dog" means any dog which annoys or causes trouble or vexation; or that works harm, inconvenience or damage; or which interferes with the personal or property rights of persons and the enjoyment thereof; and such term includes, but is not limited to, dogs which engage in any one of the following:

(1) excessive or continuous barking,

(2) molesting, or interfering with passersby

(3) chasing vehicles

(4) attacking other domestic animals

(5) trespassing upon private or public property in such manner as to damage such property.

m. "Restricted Dog" means any "Kennel Dog", "Visiting Dog", "Nuisance Dog" or "Vicious Dog" as such terms are herein defined.

n. "City Clerk" means the duly appointed City Clerk of the City of Troy and any deputy or assistant City Clerk.

o. "Unlicensed Dog" means any dog which is required to be registered and licensed under the provisions of this Ordinance and which is not currently so registered and licensed. The presumption shall exist that any dog not displaying and carrying a metallic tag as required by Section 6 of this Ordinance is an "Unlicensed Dog" as herein defined, provided however, that such presumption may be overcome by the Owner or Harborer of such dog upon timely presentation to the Enforcing Officer of proper evidence of such ownership and current registration and licensing.

SECTION 2. HARBORING AN UNLICENSED, NUISANCE OR VICIOUS DOG

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a. No person shall own or harbor any dog over four (4) months of age within the City without first having said dog registered and licensed as required under this Ordinance. The provisions of this subsection shall not apply to a Kennel Dog or a Visiting Dog.

b. No person shall own or harbor a nuisance or vicious dog within the City.

• A violation of this section shall constitute a misdemeanor offense.

SECTION 3. ANNUAL TAX IMPOSED, REGISTRATION AND LICENSE REQUIRED; EXEMPTIONS THEREFROM.

a. The Owner or Harborer of any dog within the City shall annually register such dog with the City Clerk, secure a dog license therefore and pay an annual tax upon each such dog in the amount of Five Dollars ($5.00). A Kennel Dog or Visiting Dog is exempted from this section. Said license, registration and tax is due by the 30^th of April of each year or within ten days after a dog becomes subject to registration, whichever is later. A late registration fee of Five Dollar ($5.00) per month shall be imposed. There shall be no proration of any tax imposed hereunder for a dog that is not held in the City for the full year.

SECTION 4. PROCEDURE FOR REGISTRATION, LICENSING

a. At the time of registration of a dog, the Owner or Harborer shall provide the City Clerk with the Name of the Owner or Harborer, the name of the dog, breed, color, sex, age, height, and weight of the dog being licensed and registered, and such other information as the City may require.

b. The Owner or Harborer registering such dog shall deliver to the City Clerk a Certificate of Vaccination signed by a licensed veterinarian showing that the dog for which a license is sought has been vaccinated against rabies within a sufficiently recent period of time so as to be effective for the purpose of prevention of said disease for the duration of the calendar year for which registration is sought.

SECTION 5. DOG COLLAR; DISPLAY OF TAG; DUPLICATE

a. The City Clerk shall issue to the Owner or Harborer applying for the license a certificate of license and a metallic tag for the dog so licensed. The Owner or Harborer of every dog registered and licensed pursuant to this Ordinance shall provide such licensed dog with a neck collar to which the metallic dog tag issued for such dog shall be securely affixed and such Owner or Harborer shall be responsible for insuring that such tag is carried and displayed by and on the licensed dog at all times and places.. Dog tags shall not be transferable from one dog to another.

b. In the event that the metallic tag described in this Section shall be lost, then the Owner or Harborer of the dog for whom such tag was issued shall immediately make application to the City Clerk for a duplicate tag, and on presentation of a certificate of license showing that the said dog is currently registered and licensed as herein required and payment of the sum of $1.00, the City Clerk shall issue a duplicate metallic tag for such dog.

SECTION 6. IMPOUNDMENT OF UNLICENSED DOG

, DISPOSITION OF IMPOUNDED DOGS

a. The Enforcing Officer shall capture and impound every Unlicensed and/or Restricted Dog found, at any place within the City, in the pound or other place of confinement provided or arranged for by the City.

b.   Immediately upon capture and impoundment of any dog pursuant to this section, the Enforcing Officer shall serve notice of such impoundment upon the Owner or Harborer of such dog if the identity of such Person is known to the Enforcing Officer. If such Person resides within the City then such notice shall be served personally or by residence service.

c. In the event the Enforcing Officer cannot serve notice of impoundment in the manner provided in subsection (b) above, then the Enforcing Officer shall post notice of such impoundment in a conspicuous place in the Troy City Hall and on the City of Troy web site.

d. Said notice of impoundment shall include the following information: The name and address of the Owner or Harborer of the impounded dog, if known, the date that such dog was captured and impounded, the breed, sex, color and approximate height and weight and age of the dog, any other identifying data for the dog.

e. Any dog impounded by the City that has not been claimed by an owner or harborer maybe destroyed or otherwise disposed of after a specified date which shall be not less than five (5) full business days after the date of service or posting of the notice, unless reclaimed or redeemed by the Owner or Harborer, and

f. All impoundment, licensing and other fees chargeable by reason of the impoundment must be paid prior to release of the dog to the Owner or Harborer.

SECTION 7. IMPOUNDMENT AND REDEMPTION COSTS

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a. (1) An impoundment fee of $10.00 for each Restricted Dog impounded.

• An impoundment fee of $5.00 for each Unlicensed Dog or Licensed Dog that is not wearing it’s designated metallic tag at the time of impoundment.

(3) A board fee equal to the rate charged by the impound facility but in any event not less than $10 per day for each day or part thereof that the impounded dog is held in confinement at any location.

(4) For all unlicensed dogs, the annual license tax imposed under Sections 3 and 4 above together with such other costs as may be incurred in the registration and licensing of the unlicensed dog.

b. The impoundment and redemption costs and fees provided for in (a) above may be increased, decreased or otherwise changed or amended from time to time by resolution of the City.

SECTION 8. ANIMAL BITES AND NOTICE THEREOF; QUARANTINE; FEES

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a. When any dog or other animal subject to rabies has bitten or attacked any person or when any dog or other animal is suspected of having rabies, it shall be the duty of any person having knowledge of such facts to report the same immediately to the Enforcement Officer or the City Clerk. Such animal shall not be killed, but shall be confined in such a way and for such a period of time as the Enforcement Officer shall direct. No person shall release from confinement any such animal or remove such animal from its place of confinement to another place without the consent of the Enforcement Officer. The confinement of the animal shall be at the expense of the owner, or custodian of such animal, and the Enforcement Officer shall be empowered, in his/her discretion, to order impoundment or examination of such animal, or both, to determine whether it may have rabies. No person shall refuse to surrender any animal for quarantine when demand therefore is made by the Enforcement Officer. If the animal dies or is killed a laboratory examination of such animal shall be made.

b. If the owner of a dog which has bitten or attacked any person so requests, and if the following requirements are met, the owner, rather than the City, may confine said dog. The requirements which must be met if the owner is to be allowed to confine his or her own dog are:

(1) That the dog which injured the person did so while confined upon the owner’s property, while confined in a motor vehicle under the owner’s control, or while on a leash and the dog is not normally vicious or dangerous and had not previously bitten anyone.

(2) That the injured could have avoided the dog’s parameter or was on the owner’s property without the owner’s permission.

(3) That the animal has an effective rabies inoculation and is duly licensed.

(4) That the owner agrees, in writing, to keep the dog securely confined to his or her property and under close observation for a period of not less than ten (10) days. The dog shall not be taken off the owner’s property by leash, car or other conveyance during this period except for veterinary treatment. The Enforcement Officer or other person authorized by the City shall be entitled to make periodic checks on the animal, which checks shall not be refused by the dog’s owner.

(5) At the end of the designated observation period, a licensed veterinarian of the owner’s choice must check the animal and furnish written notification to the City Clerk regarding the dog’s health.

c. In the event that the biting animal impounded pursuant to subsection (b) above shall be found to be free from disease and in the event that the Owner or harborer thereof shall fail and refuse to pay the boarding fee incurred during impoundment, then the Enforcing officer shall proceed to make disposition of the biting animal in the manner provided in Sections 6,.

d. In the event that the biting animal impounded pursuant to subsection (b) above shall be found to be suffering from a disease, then such animal shall be destroyed or otherwise disposed of as directed by the Enforcing Officer or the County Health Officer.

SECTION 9. ABANDONMENT OF DOGS

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No person shall bring, haul or lead any dog into the City of Troy and leave or abandon the same.

SECTION 10. INTERFERENCE WITH ANIMAL CONTROL OFFICER

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The animal control officer or any other person designated by the City is authorized to enter upon private property for the purpose of enforcing this ordinance. No person shall conceal any dog or other animal or break open or destroy an animal pound or shelter or attempt to take therefrom any animal therein impounded or otherwise interfere with the proper enforcement of this ordinance.

SECTION 11. IMPOUNDMENT FACILITY

The City may furnish and provide an impoundment facility within the City for the impoundment, care and disposition of all dogs and other animals impounded pursuant to this ordinance or the City may contract with any veterinary hospital or animal care facility, shelter or pound, within or without the State of Kansas, either public or private, for the impoundment, care and disposition of animals impounded pursuant to this Ordinance.

SECTION 12. It shall be unlawful for the owner, keeper or harborer of any dog to permit such animal to be out of control OR RUN AT LARGE within the City of Troy, Kansas

a. Unless on a leash held by a person able to control the dog, all dogs within the City of Troy, Kansas must be confined to a chain, rope, or similar type of tether on the premises of the owner, keeper, or harborer; be confined within a fence on the premises of the owner, keeper or harborer.

b. Any dangerous, fierce or vicious dog which cannot be safely taken and impounded may be destroyed by the law enforcement officer or other person designated by the governing body to pick up and impound dogs.

SECTION 13. PENALTIES

a. Every person convicted of violating any of the provisions of this ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

b. Any Person convicted a second time of permitting a Vicious Dog or Nuisance Dog to Run at large in violation of the provisions of this Ordinance shall, if ordered by the Court, be subject to the further penalty of having such Vicious or Nuisance Dog ordered destroyed.

SECTION 14. REPEALER

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Ordinance Number 668 of the City of Troy and all other Ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 15

. This Ordinance shall be in force and take effect from and after its passage, approval and publication in the official City newspaper.

PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS ______ DAY OF _________________, ________.

Passed by the governing body of the City of Troy, Kansas, the 19th day of July, 2016.

________________________________

Robert D. Jenkins, Mayor

ATTEST:

___________________________

Jane M. Boeh, City Clerk

(SEAL)