Every person owning, keeping or harboring any dog of the age of six months or more, on or after March 1 of each odd numbered year shall pay to the City a tax for each and every dog owned, kept or harbored, as follows:

(a)   For each spayed or neutered dog, the sum of $5.00 per registration period;

(b)   For each dog not spayed or neutered the sum of $10.00 per registration period;

(c)   Dog registration shall be valid until the next required registration;

(d)   No refunds shall be issued by the city clerk.

In the event that any dog of the above age, or any dog which attains the age of six months at any time during the calendar year is brought into the City after March 1, the aforesaid tax shall be immediately due and payable by the owner, keeper or harborer thereof; provided that for the purpose of this action any person who permits a dog to remain on the premises of such person for a period of more than three days shall be determined to be the owner, keeper or harborer of the dog.

(Ord. 1603, Sec. 1; Ord. 1826; Ord. 2137; Code 2019)

The city clerk shall issue a receipt for all such taxes paid and shall issue a license tag or plate for each dog. The city clerk shall annually secure a sufficient number of dog tags or license plates for the above purposes which shall be numbered consecutively and shall show the year for which it is issued and the name or first initial of the city. It shall be the duty of the owner or person paying the tax to affix the tag to the collar of the dog in a manner so that the tag may be readily seen by the police officers of the city; and it shall be the further duty of such owner or person to see that the collar and tag are constantly worn by the dog.

(Ord. 1603, Sec. 2; Ord. 1826; Code 2019)

The city clerk is hereby authorized to secure the number of suitable tags properly stamped or marked thereon the information required by this article. The receipt issued by the city clerk at the time of paying the tax shall show the name of the person paying the tax, the number of dogs of each sex for which the tax is paid and the number of tags issued. The city clerk shall keep a suitable record to show the information contained in the receipt and the description of the dog taxes. The money so received shall be paid to the city treasurer and credited to the general operating fund of the city.

(Ord. 1603, Sec. 3)

Each year, on or before the 15th day of February, it shall be the duty of the city clerk to publish a notice of the requirements of this article in the official city newspaper. The notice shall be published one or more times and shall notify the owners or harborers of dogs in the city that the annual dog tax will be due and payable on or before March 1. The other information as may be pertinent may be included in the notice.

(Ord. 1603, Sec. 4)

It shall be unlawful for the owner, keeper, or harborer of any dog to permit such dog to run at large in the City at any time. Any dog shall be presumed to be running at large, and the owner shall be presumed to have permitted it to be at large when found off the premises of the owner, keeper or harborer of such dog. Provided however there shall be defense for a person charged under this section if such dog was running at large if it was upon the premises of the owner of the property with the owner’s consent or that such dog was held upon a lease, chain, rope or harness by its master or keeper or was controlled in some other manner that effectively restrained the dog from interfering with, damaging or injuring the person or property of others. It shall be lawful for any Police Officer or Animal Control Officer of the City of Council Grove to pursue and capture such dog running at large. If the dog appears to be vicious or if it appears that the dog cannot be captured without endangering some person, the Officer or Animal Control Officer is authorized to use that force reasonable and necessary to restrain or kill the dog.

(Ord. 1778, Sec. 2; Ord. 1832; Code 2019)

It shall be the duty of the police officers of the city or the city dog catcher as may be directed by the governing body to take up and impound and provide food and water for dogs which may be found in the city not provided with and wearing the license tag or plate required by this article, or if at any time found running at-large in the city contrary to this article. Whenever an impounded dog is wearing a tag or plate, the officer so impounding the dog shall immediately notify the person to whom the number is issued by the city clerk.

(Ord. 1603, Sec. 6)

Any dog remaining in the dog pound for three days after notification of the owner or after publication of notice in the official city newspaper in the case of dogs without license tags, shall be destroyed or otherwise disposed of if the dog is not redeemed. If for any reason, the city shall be temporarily without a dog pound or place suitable for use of such, the city police shall be authorized to destroy any dog running at-large after making a reasonable inquiry to determine the ownership of the same and after allowing the owner, if found, a reasonable opportunity to redeem the dog.

(Ord. 1661, Sec. 1)

Any person desiring to redeem an impounded dog shall do so upon payment as follows:

(a)   The owner or owners of any dog with a current dog license issued by the City is to be fined for the following offenses for permitting his or her dog to run at large, to wit: First offense - $25.00, second offense - $50.00, subsequent offenses - $75.00. The amount is to be paid to the City, in addition thereto the owner or owners of the dog are required to pay any veterinary fees so that the dog is properly vaccinated, and the cost imposed for the impounding of the dog.

(b)   The owner or owners of any dog without a current dog license issued by the City to be fined for the following offenses for permitting his or her dog to run at large, to wit: First offense - $50.00, second offense - $75.00, subsequent offenses -$100.00.

(c)   In all cases, any person redeeming an impounded dog shall pay to the city clerk the actual cost incurred by the City for the taking and impounding of the dog, plus $20.00.

(d)   The owner or owners of such dog shall have the option of paying the amount without filing of any legal action in municipal court of the City. In the event that the owner or owners fail to pay the fees as set forth herein, then a complaint may be filed in the municipal court. If a complaint has been filed, then the following fines are to be imposed by the municipal court upon finding of the owner or owners guilty of such offense to wit: First offense - $75, second offense - $100, and third offense - $150, in addition thereto the court costs and also the cost for impounding of the dog including fees for vaccinations or shots.

(e)   Before any dog shall be released from impoundment, it will be necessary for the owner, harborer or keeper to purchase a current city dog tag, if not previously done, and pay the impounding fee and furnish the receipt from the veterinarian showing that the dog has been vaccinated for rabies.

(f)   Upon the owner, keeper or harborer furnishing information as set forth herein, paying the cost of the dog tag, a receipt showing the vaccination and the impounding charges, the city clerk shall then issue a release which will be furnished to the person in charge of impounding the dog authorizing the dog to be released. No dog is to be released until a release slip has been obtained from the office of the city clerk authorizing a release of the dog so impounded.

(Ord. 1787, Sec. 3; Ord. 1839; Ord. 2137; Code 2019)

It shall be unlawful for any person other than a duly authorized officer or employee of the city to break open or attempt to break open the pound or to take or let out any dog placed therein by any officer of the city or to make any attempt to take from an officer or dog catcher of the city any dog taken up by him or her 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. 1603, Sec. 10)

The mayor is hereby authorized whenever in his or her opinion the safety of the public is threatened by an epidemic of rabies among dogs, to issue a proclamation requiring all persons owning or keeping dogs in the city to muzzle the same or to confine the dog to the premises of the owner or keeper. Any dog which appears in any public place without being securely muzzled may be killed by any police officer. Any proclamation issued under this section shall be published at least once in the official city newspaper.

(Ord. 1603, Sec. 14)

Should any dog’s health or welfare be deemed at risk due to inappropriate care by its owner or harborer, the police officers or dog catchers for the City are directed to take up and impound such dog.

(Ord. 2137; Code 2019)

(a)   The purpose of this section is to provide protection to dogs from persons who have been proven to be inattentive, negligent or intentionally cruel to dogs.

(b)   No person may harbor a dog if such person has:

(1)   been convicted of cruelty to animals under any municipal ordinance or state statute, or

(2)   has on four occasions, in any one year period, had any dog impounded for running at large, or

(3)   has, at any time after the enactment of this section (Ordinance No. 2025), failed to claim from impound, any dog they harbor.

(c)   No person shall be issued dog tags for any dog if they are ineligible to harbor a dog under this section.

(d)   Any person who harbors a dog in violation of this act shall be fined not less than $100.00 nor more than $500.00, and shall have their dogs removed from their possession, impounded and destroyed at their expense.

(Ord. 1832; Ord. 2025; Code 2019)

Any person who keeps or harbors any dog shall prevent such dog from being a nuisance. A dog shall be considered a nuisance if it: damages, soils, defiles or defecates on private property other than its keepers or harbors or on public right of ways or recreation areas unless such waste is immediately removed and properly disposed of by its keeper or harborer, or if it causes unsanitary, dangerous or offensive conditions, causes a disturbance from making loud and excessive barking or by howling, whining or other noise making tending to disturb the peace and quiet of the City or its habitants or chases vehicles or molests, attacks or interferes with persons or domestic animals on property other than property of its harbor or keeper. There shall be a rebuttable presumption that a nuisance is created if any person keeps or harbors more than five dogs exceeding five in number or over the age of 90 days upon any premises within the City of Council Grove unless such premises are licensed as a kennel by the City of Council Grove.

(Ord. 1832; Code 2019)

(a)   Any person who keeps or harbors a dangerous dog shall keep such dog confined, except as set forth hereafter. “Confined” as that term as used in this section shall mean such dog is securely kept indoors or is securely enclosed and locked in a locked pen or run area. Said pen or run must be locked with a key or combination lock whenever such dog or dogs are within the structure. Said pen or dog run areas must have sides 8’ in height or be secured over the top. If the pen or dog run area has no bottom secured to the sides, the sides must be embodied into the ground not less than one foot in depth.

(b)   Any person keeping or harboring a dangerous dog at any time said dog is not confined shall ensure such dog is securely muzzled and restrained with a chain having a minimum strength of 300 pounds and not exceeding five feet in length.

(c)   Any person keeping or harboring a dangerous dog shall display in a prominent place on the premises where the dog is kept a sign easily readable by the public using the words “Beware of Dog”. In addition, a similar sign shall be posted on the pen or run of such animal.

(d)   As used in this section dangerous dog shall mean and include:

(1)   Any dog which is known to its keeper or harborer or reasonably should be known to it keeper or harborer to have a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

(2)   Any dog which has attacked a human being or domestic animal without provocation;

(3)   Any dog kept or harbored primarily, or in part, for the purpose of dog fighting, or any dog trained for dog fighting;

(4)   Any dog not owned by a governmental or law enforcement unit used primarily to guard public or private property;

(5)   Any dog caught running at large, two times or more.

In addition to any penalties the Court may prescribe for violation of this section, if the Court finds, after notice to the keeper or harborer and an opportunity for hearing, that such dangerous dog represents a continuing threat or serious harm to human beings or other domestic animals, the Court may order such animal destroyed.

(Ord. 1603, Sec. 13; Ord. 1832; Code 2019)

The Court shall have the authority to declare an animal dangerous because of the inherently dangerous nature of the animal as to persons, its history of attack or wounding of other animals, the nature or breed of the animal and the seriousness of these attacks or wounds and its potential to inflict wounds in the future and to take into consideration any past acts or conduct of such animal

(Ord. 1832; Code 2019)

The Municipal Court may cause any dangerous animal or an animal declared to be a nuisance to be ordered to be destroyed. Any animal ordered destroyed by the Court is to be destroyed within 48 hours.

(Ord. 1832; Code 2019)

It shall be unlawful for any person to bring within the City Limits any dog, cat or other animal and abandon the same such as to allow it to run at large.

(Ord. 1832; Code 2019)