For the purposes of this article, the following words and phrases shall mean:

(a)   Aggressive Behavior means any animal that charges at, snaps at, claws, growls or jumps on any person, and causes said person reasonable fear of injury, regardless of whether actual injury occurs.

(b)   Dog Pound – the Governing Body designated Dog Pounds are included but not limited to: Great Plains SPCA, 9600 West 67th St., Merriam, Kansas and/or Broadmore Kennels 20614 West 47th Street, Shawnee, Kansas.

(c)   Domestic Animals or Pets – means any animal, including a dog, who at the pleasure and/or option of a person is allowed to live in or about the residence of such person.

(d)   Household – consists of one or more related or unrelated persons living in the same residential structure within the City.

(e)   Law Enforcement – the Governing Body designates and authorizes the duly appointed law enforcement officers of the City to perform or enforce the provisions of this article.

(f)    Licensed Veterinarian – a veterinarian duly licensed to practice such profession by the state in which such veterinarian’s principal office is located.

(g)   Vicious Behavior means to cause a contusion or laceration and/or puncture of the skin.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

The owner or harborer of dogs shall pay to the City an annual license fee for each dog over the age of six (6) months or which dog reaches such age during the license year, within the corporate limits of the City, as follows:

$15.00 for the first dog in each household

$25.00 for the second dog in each household

$50.00 for the third & each additional dog in each household

The license fee herein required shall cover the period from March 1 to February 28 or 29 of 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 Article which reaches the age of six (6) months or which is brought in 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 six (6) months or is brought in the City. The license fee of this article shall not apply to any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

No fractional year license shall be issued.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

Any person who fails to timely pay the required license fee when due as set forth in section 2-102, shall as a condition of registration pay the following additional penalty fee at the time of registration:

$15 for each dog that is registered within 10 days following the date required for registration;

$25 for each dog that is registered within 30 days following the date required for registration;

$50 for each dog that is registered within 60 days following the date required for registration;

$100 for each dog that is not registered within 60 days of the date required for registration.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It shall be unlawful for any owner, keeper or harborer to maintain or possess any dog over the age of six (6) months in the City without registering the dog and paying the license fee. 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 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 shall at all times be easily visible to the law enforcement officers 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 $5.00. The failure to display the required registration tag shall be a violation of this article.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

(a)   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.

(b)   It shall further be unlawful for any owner or harborer to maintain or possess any cat or dog over the age of six (6) months unless such cat or dog has been vaccinated by a licensed veterinarian with an anti-rabies vaccination, and that vaccination is current for a period of not less than the calendar year of the animal’s registration. A vaccination is current if the vaccination duration period has not expired, or an owner can provide proof of sufficient rabies titer within the past twenty-four months.

(c)   Waiver of Vaccination. If a licensed veterinarian indicates that the rabies vaccination may endanger a cat or dog’s health due to age, infirmity, debility, or other physiological consideration, the vaccination requirement shall be waived provided such cat or dog shall be confined to the premises of the owner or harbor at all times to prevent escape. The deferment shall be valid only during the period that is indicated by the certificate of a licensed veterinarian.

(Ord. 243; Ord. 282; Ord. 285; Ord. 311; Code 2022)

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. 243; Ord. 282; Ord. 311; Code 2022)

Any person keeping, feeding, harboring and or allowing a dog, other domestic animal or pet to remain on their residential property within the limits of the City for (3) consecutive days shall be deemed the owner or harborer thereof.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

Each year, on or before the 15th of March, it shall be the duty of the City Clerk to cause a notice of the registration requirements to be given in a publication or other written form which is distributed to each home within the City of Lake Quivira, Kansas. Such notice shall notify owners and harborers of dogs in the City that the annual dog license fee will be due and payable on or before May 1st following. Such other information as is pertinent may be included in said notice.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

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 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 sections 2-111:112.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

The law enforcement officers of the City may humanely euthanize, without notice, any dog, other domestic animal or pet that is vicious or which appears to be infected with rabies or hydrophobia, or severely injured whether it bears the tag herein provided or not.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It shall be the duty of an owner, keeper, or harborer of any dog, other domestic animal or pet upon receiving notification, whether written or verbal, from a law enforcement officer that such animal has bitten a person, caused injury or harm to another domestic animal, or has so injured a person as to cause a laceration and/or puncture of the skin, to immediately place such dog, other domestic animal or pet in a licensed veterinary hospital where such dog, domestic animal or pet shall be confined for a period of not less than ten (10) days and such owner or person harboring such dog, other domestic animal or pet shall notify the City Clerk and Police Department of the name and location of said veterinary hospital and the date such dog, other domestic animal or pet was so confined. The owner must request and pay for an examination of contagious diseases if the person who was bitten so requests, or if personnel from the police department have reason to believe the dog may have a contagious disease. The owner, keeper or harborer of said dog, other domestic animal or pet shall pay any and all unpaid license fees, penalties and board costs of said dog, other domestic animal or pet. Further, it shall be unlawful for the owner, keeper or harborer of any dog, other domestic animal or pet, upon receiving notice of the character aforesaid, to sell or give away such dog, other domestic animal or pet or to permit or allow such dog, other domestic animal or pet to be taken beyond the limits of the City for a period of fifteen (15) days after the date that such dog, other domestic animal or pet has so bitten or injured any person, except under the care of a licensed veterinarian as provided herein.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

(1)   Any person who is determined by the Municipal Court of the City of Lake Quivira, Kansas to be the owner or harborer of a dog or other domestic animal or pet, which dog or domestic animal or pet that, at any location within the City of Lake Quivira, Kansas outside the property lines of such owner or harborer, is determined by said Court, to have behaved aggressively, or outside the enclosed residence of such owner or harborer, is determined by said Court, to have behaved viciously, shall be fined at least $250 but no more than $500.00. From the date of the allegation, and from and after such Court determination, such owner or harborer shall, further, keep such dog or other domestic animal or pet tied to a leash or confined to a securely fenced area while such dog or other domestic animal or pet is outside the enclosed residence of such owner or harborer, or shall keep such dog or other domestic animal or pet confined to a securely fenced area when on the property of the owner or harborer. Failure to comply with said confinement, upon conviction, shall result in a fine of $1,000.00 for the first such violation, $2,000.00 for the second such violation and such dog or other domestic animal or pet, unless immediately and permanently removed from the City by such owner or harborer, shall be humanely euthanized by a law enforcement officer or other duly authorized city representative.

(2)   Any person who is determined by the Municipal Court of the City of Lake Quivira, Kansas to be the owner or harborer of a dog or domestic animal or pet, which dog or domestic animal or pet that, at any location within the City of Lake Quivira, Kansas outside the enclosed residence of such owner or harborer, is determined by said Court, for a second time, to have behaved aggressively or viciously shall, upon such second determination, be fined $1,500.00 and said dog or other domestic animal or pet, unless immediately and permanently removed from the City by such owner or harborer, shall be humanely euthanized by a law enforcement officer or other duly authorized city representative.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

(1)   Any person who is determined by the Municipal Court of the City of Lake Quivira, Kansas to be the owner or harborer of a dog or other domestic animal or pet, which dog or other domestic animal or pet, at any location within the City of Lake Quivira, Kansas outside the residential property of such owner or harborer, is further determined by said Court to have injured any dog or other domestic animal or pet as to cause a contusion or laceration and/or puncture of the skin, shall be fined the sum of $500 for the first violation and $1,000 for the second violation. Upon a second conviction for a violation of this article, said animal shall be immediately and permanently removed from the city or shall be humanely euthanized by a law enforcement officer or other duly authorized city representative. From the date of the allegation, and from and after such Court determination, such owner or harborer shall, further, keep such dog or other domestic animal or pet tied to a leash or confined to a securely fenced area while such dog or other domestic animal or pet is outside the enclosed residence of such owner or harborer. Failure to so confine shall result, upon conviction, in a fine of $500 for the first conviction. For the second conviction, the fine shall be $1,000 and the animal shall be either immediately and permanently removed from the City or shall be humanely euthanized by a law enforcement officer or other duly authorized city representative.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

No person shall keep or harbor a dog, other domestic animal or pet which by loud, excessive barking, howling, yelping, screeching or fighting, shall annoy or disturb the peace of a member of the public. A first offense shall result in written documentation of a warning. A second offense shall upon conviction result in a penalty up to the sum of $250.00. A third and subsequent offense shall upon conviction result in a minimum penalty of the sum of $250.00 to a sum established by the Court.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It is unlawful for any person to fail to immediately remove an excrement deposited by a dog owned or harbored by him or her or any dog then under his or her control, or otherwise on any public or private property other than the residential property of the owner or harborer of the dog. A first offense shall result in written documentation of a warning. A second offense shall upon conviction result in a penalty up to the sum of $250.00. A third and subsequent offense shall upon conviction result in a minimum penalty of the sum of $250.00 to a sum established by the Court.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It is unlawful for any owner, keeper or harborer of a dog, or any 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, garden or other improvement to such premises. A first offense shall result in written documentation of a warning. A second offense shall upon conviction result in a penalty up to the sum of $250.00. A third and subsequent offense shall upon conviction result in a minimum penalty of the sum of $250.00 to a sum established by the Court.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It shall be unlawful for any owner, keeper or harborer of a dog, or any 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 collection on private property or on a street or at any other location within the City. A first offense shall result in written documentation of a warning. A second offense shall upon conviction result in a penalty up to the sum of $250.00. A third and subsequent offense shall upon conviction result in a minimum penalty of the sum of $250.00 to a sum established by the Court.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It shall be unlawful for any owner, keeper, or harborer of a dog, or any person having such dog in their possession, to permit such dog to enter or remain on:

(1)   The areas of the Quivira Incorporated Golf Course, Beach, Tennis Courts, Basketball Courts, and those areas within and adjoining the Country Club at 100 Crescent Blvd, including the outdoor reception areas; and,

(2)   The residential or private property of another person, when the owner or occupant thereof has advised the owner, keeper, or harborer that such dog is not authorized to enter or remain upon such property.

The presence of a dog within the Prohibited Areas shall constitute prima facie evidence that the owner, keeper, or harborer of such dog is in violation of this section.

This section shall not apply to Assistance Dogs as defined by K.S.A. 39-1113, or dogs recognized as service animals under Titles II and III of the Americans with Disabilities Act. Provided, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices.

A first offense shall result in written documentation of a warning. A second offense shall upon conviction result in a penalty up to the sum of $250.00. A third and subsequent offense shall upon conviction result in a minimum penalty of the sum of $250.00 to a sum established by the Court.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It is unlawful for any owner, keeper or harborer of a dog, or any person having such dog in their care and possession, to permit such dog to chase or molest a pedestrian, bicyclist, or vehicle occupants, in a manner as to cause apprehension in a person of reasonable sensibilities. A first offense shall result in written documentation of a warning. A second offense shall upon conviction result in a penalty up to the sum of $250.00. A third and subsequent offense shall upon conviction result in a minimum penalty of the sum of $250.00 to a sum established by the Court.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

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, other domestic animals and pets collected by the City, its agents and employees.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

Whenever any dog shall be found within the city limits of Lake Quivira, Kansas without having a license or registration tag attached to a collar or some other device, such dog shall be taken up by a law enforcement officer, or by any other agency designated by the City to do so, and such dog shall be held ten (10) days at the City’s dog pound, and, if within said ten (10) days the owner of any dog so held shall present to the person in charge of such dog pound a receipt for the payment of a current license fee for such dog, such dog shall be delivered to the owner thereof. If not so claimed within ten (10) days, said dog shall become the property of the dog pound to be disposed of in some humane manner or placed in a good home under the dog pound’s regulations. The owner or keeper claiming any dog as provided in this section shall pay any reasonable fee in accordance with the rate schedule adopted by such dog pound.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It shall be unlawful for any person other than a duly authorized officer to break open or attempt to break open the City’s holding area or to take or attempt to take from a law enforcement 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 a law enforcement officer of this City in catching or taking up any dog.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

All license fees, charges and penalties payable under this article may be paid to or collected by the City Clerk, and such funds shall be credited to the general operating fund.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It is made the duty of the law enforcement officers of the City to enforce the provisions of this article.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)

It shall be unlawful for any person to fail to comply with the mandatory provisions of this Article.

Any person violating any provision of this Article for which a penalty is not specifically stated herein, shall upon a first conviction be assessed a penalty in a sum up to $250.00. A second offense shall upon conviction result in a minimum penalty of $250.00 up to the sum of $500.00. A third and subsequent offense shall upon conviction result in a minimum penalty of the sum of $500.00 to a sum established by the Court.

Furthermore, any person convicted of violating any provision of this Article may and shall be held liable upon court order for any reasonable veterinarian fees and other reasonable costs associated with the care and custody or destruction in a humane manner, of any Animal, as well as the costs of reasonable restitution to any person who suffered damage to property based upon prohibited behavior of their canine. Each violation shall constitute a separate offense. Each day that a violation continues shall be deemed a separate offense.

(Ord. 243; Ord. 282; Ord. 311; Code 2022)