The following words and phrases shall have the meanings set opposite them when used in this article:

Any dog shall be deemed to be at large when it is off the premises occupied by the owner’s household as their abode and when not accompanied by its owner.

(a)   Animal Shelter: any premises so designated by the city.

(b)   City Manager: shall include his deputy, delegate, alternate or appointee.

(c)   Competent Person: any human being who is capable of controlling the dog in question and to whose command the dog is obedient.

(d)   Dog: all members of Canis familiaris, male or female.

(e)   Household: those members of a family living in the same dwelling unit.

(f)   Own: includes own, or keep, or harbor, or shelter, or manage, or possess, or to have a part interest in any dog. If a minor owns a dog subject to the provisions of this article, the head of the household of which such minor owner is a member shall be deemed the owner of such dog for the purpose of this article and under this article shall be responsible as the owner, whether or not such household head is himself a minor. If not a member of a household, such minor owner shall himself be directly subject to the provisions of this article.

(g)   Owner: one who owns, his employee or agent, or other competent person into whose charge the actual owner has committed his dog’s care or control, whether for a fee or otherwise.

(h)   Person: any individual, firm, association, partnership or corporation.

(i)    Vicious Dog: any dog which is fierce, dangerous, mean or uncontrollable; or one which has previously attacked or bitten any person or domestic animal, or possesses a propensity to attack or bite a person or domestic animal.

(Code 1961, 6-2-1; Ord. 3726; Code 2023)

(a)   It shall be unlawful for any person within the corporate limits of the city to own or keep any dog without having the dog inoculated against rabies according to current, recognized veterinary practices. The rabies inoculation shall be administered as directed by Kansas law and shall be attested by or under the signature of a Kansas licensed veterinarian, showing at least the manufacturer of such vaccine together with the lot number of the vaccine used for the inoculation, the date such was administered and the manufacturer’s stated life span or period of efficacy of such. Such inoculation shall be maintained in a current state at all times; and

(b)   It shall be unlawful for any person within the corporate limits of the city to own or keep any dog without registering such dog with the City Clerk, as provided by this article, and no dog shall be allowed outside the owner’s dwelling unless the dog shall wear a collar or harness with the registration tag issued by the city securely affixed thereto in such a manner that it may at all times be easily visible.

(Code 1961, 6-2-2; Ord. 3894; Code 2023)

All dog registrations issued by the City Clerk hereunder shall be valid until December 31 of the year in which the same are issued; provided, however, such registration shall be subject to cancellation at the expiration of the rabies vaccination certificate as elsewhere provided in this article.

(Code 1961, 6-2-3; Ord. 3894; Code 2023)

Between January 1 and before March 1 of each year, the dog owner shall register all dogs owned or kept by such owner with the City Clerk and shall pay the following fees:

(a)   Seven dollars and fifty cents ($7.50) for each neutered or sexually altered dog.

(b)   Twenty dollars ($20.00) for each dog which has not been neutered or sexually altered.

(c)   It shall be presumed that any dog is in a natural state unless and until the owner thereof shall present satisfactory evidence to the contrary in the form of a certified statement of a licensed veterinarian or by a statement of the owner verified under oath. Such evidence may be permanently entered or filed in the City Clerk’s registration books.

(Code 1961, 6-2-4; Ord. 3894; Code 2023)

On and after March 1 of each year, the City Clerk shall collect a registration fee of twice the amount provided in section 2-104; provided, however, that new residents of the city or persons acquiring a dog or owning a dog which attains the age of registration after January 1 of any year shall have ten (10) days from such date of residency, acquisition, or attainment of age to register such dog at the fee set forth in section 2-104; otherwise the late registration fees in this section shall apply.

(Code 1961, 6-2-5; Ord. 3894; Code 2023)

(a)   No registration shall be accomplished unless the owner or keeper of the dog shall present a certificate or other satisfactory proof showing then current inoculation against rabies. Upon payment of the fees required by this article, the City Clerk shall record the following information for each dog registered: the owner’s name and address; the color, breed, sex, age, weight, names (if any), and date of vaccination of dog. After recording said information, the City Clerk shall issue a license to said owner, and shall provide for each dog so registered a tag of metal or other durable substance, having stamped or marked thereon the registration number which corresponds to the number of the registration record. This tag shall be kept on the dog at all times when the dog is outside the owner’s dwelling.

(b)   In the event any such tag is lost or becomes illegible, replacement tags shall be issued upon the payment of the sum of five dollars ($5.00) each.

(c)   In the event the rabies vaccination certificate expires during any registration period, the City Clerk shall thirty (30) days prior to such expiration date notify the licensee of the forthcoming expiration and in such notice shall advise that the annual registration is subject to revocation if such vaccination is allowed to expire. If, at the said date of expiration, renewal certification of rabies vaccination shall not be provided, the City Clerk shall notify the licensee that the registration on such dog is revoked and that the licensee is liable to citation and prosecution if such dog remains in the licensee’s custody within the city of Garnett. All such notices shall be mailed by first class mail to licensee at the address on such license.

(d)   The City Clerk may between December 1 and December 31 of each year cause notice to be given of the upcoming registration period for dogs by publication or advertisement in an official city newspaper.

(Code 1961, 6-2-6; Ord. 3894; Code 2023)

The provisions of this article with respect to registration shall not apply to any dog owned by any person visiting or temporarily remaining within the city for less than thirty (30) days. However, such dogs shall be kept under restraint by the owner thereof at all times.

(Code 1961, 6-2-7; Ord. 2263; Code 2023)

It shall be unlawful for the owner of any dog to permit such dog to run at large within the corporate limits of the city at any time.

(Code 1961, 6-2-8; Ord. 2263; Code 2023)

It shall be unlawful for any person by words, sign or otherwise, to set any dog to fight, or cause any dog to attack any other dog or animal, or aid or abet or encourage any dog to attack or chase any human being not engaged in malicious or criminal acts; or being the owner, knowingly to permit such dog to fight without endeavoring to prevent the same.

(Code 1961, 6-2-9; Ord. 2263; Code 2023)

(See Article 2 of this chapter.)

(Code 1961, 6-2-10; Ord. 3921; Code 2023)

It shall be unlawful for any person to permit any dog to trespass upon, or do injury to public or private property of another.

(Code 1961, 6-2-11; Ord. 2263; Code 2023)

An unspayed female dog shall be kept securely confined in an enclosed place while in heat.

(Code 1961, 6-2-12; Ord. 2263; Code 2023)

It shall be unlawful for the owner of any dog to cause, permit, or allow such dog to howl, bark, or yelp so as to make excessive noise which disturbs the peace and quiet of the neighborhood. The phrase “excessive noise” used herein shall mean a noise which is so loud and continuous or untimely as to disturb the sleep or the peace of a neighbor.

(Code 1961, 6-2-13; Ord. 3006; Code 2023)

(a)   It shall be unlawful for any person:

(1)   Intentionally to kill, injure, maim, torture or mutilate any dog;

(2)   To abandon or leave any dog in any place without making provisions for its proper care;

(3)   Having physical custody of any dog and failing to provide such food, water, opportunity for exercise or other care as is needed for the health or well-being of such dog; or

(4)   Having physical custody of any dog and failing to provide such dog with necessary protection from the elements as set forth below:

(A)  Shelter From Sunlight: When sunlight is likely to cause overheating, serious bodily injury or death of the dog, sufficient shade shall be provided to allow the vertebrate animals kept outdoors to protect themselves from the direct rays of the sun.

(B)  Shelter From Cold Weather: Housing facilities shall be provided for all dogs kept outdoors when the atmospheric temperature falls below forty degrees Fahrenheit (40°F). Such structure shall be provided with a sufficient quantity of suitable bedding materials, consisting of hay, straw, cedar shavings or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. Such shelter shall be so constructed to keep the dog dry and retain sufficient body heat to prevent serious bodily injury or death of the dog.

(5)   (A)  To attach chains or other tethers, restraints or implements directly to a dog without the proper use of a collar, harness, or other device designed for that purpose and made from a material that prevents injury to the dog.

(B)  No person shall:

(1)   Tether a dog for more than one continuous hour, except that tethering of the same dog may resume after a hiatus of three (3) continuous hours, for up to three (3) hours’ total time on tether per day; provided that for the purpose of tethering a dog, a chain, leash, rope or tether shall be at least ten feet (10’) in length; and, provided, further, this subsection shall not apply to a trolley line type of tether, the line of which provides at least twenty-five (25) linear feet of run length available to the dog and is designed to allow or provide compliance with all other provisions of this section;

(2)   Use a tether or any assembly or attachments thereto to tether a dog that shall weigh more than one-eighth (1/8) of the dog’s body weight, or due to weight, inhibit the free movement of the dog within the area tethered;

(3)   Tether a dog either on a choke chain or otherwise in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other manmade or natural obstacles;

(4)   Tether a dog without access to shade when sunlight is likely to cause overheating, or without access to appropriate shelter which provides insulation and protection against cold and dampness when the atmospheric temperature falls below forty degrees Fahrenheit (40°F); or to tether a dog without securing its water or food supply (or both) so that it cannot be tipped over by the tether;

(5)   Tether a dog in an open area where it can be teased by persons or in an open area that does not provide the dog protection from attack by other animals;

(6)   Tether a dog in such a way as to allow the dog to get within ten feet (10’) of either the property boundary line or, if there is one, a public sidewalk; or

(7)   Tether a dog in an area where bare earth is present and no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation with some type of protection or ground cover which will not cause injury or discomfort to the dog.

(C)  The following definitions apply to words used in this section:

(1)   When used as a verb, “tether” or “tethering” shall mean fastening a dog to a stationary object, pulley run line or a stake.

(2)   When used as a noun, “tether” or “tethers” shall mean a chain, leash, rope, cable, string, leather or nylon strap, or any other material used to fasten a dog to a stationary object, pulley run line or a stake.

(b)   Any public health officer, law enforcement officer or licensed veterinarian, or any officer or agent of any duly incorporated humane society, dog shelter or other appropriate facility, may take into custody any dog, upon either private or public property, which clearly shows evidence of cruelty, as defined in subsection (a). Such officer, agent or veterinarian may inspect, care for or treat such dog or place such dog in the care of a duly incorporated humane society or licensed veterinarian for treatment, boarding and other care; or, if it appears, as determined by an officer of such humane society or by such veterinarian, that the dog is diseased or disabled beyond recovery for any useful purpose, the humane killing thereof.

(c)   The owner of any dog killed pursuant to subsection (b) shall not be entitled to recover damages for the killing of such dog, unless the owner proves that such killing was unwarranted.

(d)   Expenses incurred for the care, treatment or boarding of any dog taken into custody pursuant to subsection (b), pending prosecution of the owner of such dog for violation hereof, shall be assessed to the owner as a cost of the case if the owner or custodian is found guilty of such crime.

(e)   If a person is found guilty of violating the provisions hereof and the court is satisfied that any dog owned or possessed by such person would be in the future subjected to such crime, such dog shall not be returned to or remain with such person. Such dog may be turned over to a duly incorporated humane society or licensed veterinarian for sale or other disposition.

(f)   The provisions of this section shall not apply to:

(1)   Normal or accepted veterinary practices;

(2)   Bona fide experiments carried on by commonly recognized research facilities; or

(3)   The humane killing of any dog which is diseased or disabled beyond any useful purpose.

(Code 1961, 6-2-14; Ord. 3652; Code 2023)

If there is a change in ownership of a registered dog during the license year, the new owner may have the current license transferred to his name upon the payment of the transfer fee of one dollar ($1.00), said payment to be made within ten (10) days of said transfer of ownership, otherwise the registration and license previously issued shall lapse.

(Code 1961, 6-2-15; Ord. 2263; Code 2023)

(a)   Any dog in violation of this article within the corporate limits of the city shall be subject to impoundment by the City Manager and a record of all dogs impounded shall be kept. Such record shall include the following information: color, sex, weight, height, identifying marks, registration number or rabies vaccination number, if any, and the date of impoundment.

(b)   If the dog so impounded has no current registration tag, it shall be kept for three (3) days and if within that time the owner does not appear to claim such dog it may be sold, euthanized or otherwise disposed of. If within three (3) days of the impoundment date the owner of such impounded dog shall appear and claim such dog, it shall be turned over to the person claiming it upon payment of the actual costs of impoundment and upon compliance with the applicable requirements of sections 2-102 through 2-106.

(c)   If the dog so impounded has a current registration tag attached to its collar, the owner of such dog as shown by the records of the City Clerk shall be notified in writing as soon as possible within the three (3) day impounding period. If at the end of said three (3) day impounding period the City Clerk has been unable to locate the owner or the owner, upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.

(d)   Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this article for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced here­ under.

(Code 1961, 6-2-16; Ord. 2263; Code 2023)

(a)   Any dog which is suspected of having rabies, or any dog which has bitten a human being and has thereby caused a laceration of the skin of such human being, shall be seized and confined in a veterinary hospital for a period of fourteen (14) days; provided, however, the period of confinement may be shortened at the discretion of the veterinarian in charge of said hospital.

(b)   Any dog bitten by a known rabid animal shall be seized and confined in a veterinary hospital, as provided in subsection (a).

(c)   The owner or person keeping or possessing any dog subject to impoundment and confinement under either subsection (a) or (b) shall not take any measure to kill or otherwise dispose of such dog before the impoundment and confinement process can be accomplished in accordance with subsection (a) of this section, but shall cooperate fully in delivering such dog or producing it for such purpose or for observation or examination.

(d)   The owner or person keeping or possessing any dog subject to impoundment and confinement under either subsection (a) or (b) shall, if such documentation be available and not previously furnished to the city of Garnett, promptly produce evidence of vaccination of said dog for rabies on request of any law enforcement officer or the City Manager.

(e)   Any person found guilty of violating the provisions of this section, or any part thereof, shall pay a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(f)   All expenses incurred during the period of confinement in a veterinary hospital for the purposes of this section shall be borne by the owner, keeper or possessor of the dog. If any dog so impounded is not claimed by the owner (or agent) or keeper or possessor at the conclusion of such period, then the veterinarian shall transfer the said dog to the impounding facility of the city where such dog shall be disposed of according to the provisions of section 2-116.

(Code 1961, 6-2-17; Ord. 3928; Code 2023)

When there exists sufficient evidence to believe that rabies exists in or near the city, the Governing Body may by resolution require all dog owners within the corporate limits of the city to confine their dogs or securely muzzle such dogs with a wire or leather muzzle for such length of time as may be designated in said resolution or until otherwise ordered; and it shall be unlawful for any person to permit a dog to run at large in violation of the terms of said resolution. Such a resolution shall not become effective unless and until the same is published one time in the official city newspaper.

(Code 1961, 6-2-18; Ord. 2263; Code 2023)

The City Manager shall be authorized to use a tranquilizer gun in the enforcement of this article. He shall be further authorized to kill any dog which is impractical or impossible to catch, capture or tranquilize and which is endangering persons.

(Code 1961, 6-2-19; Ord. 2263; Code 2023)

It shall be unlawful for any person not duly authorized so to break open or attempt to break open any enclosure in which dogs are confined or held pursuant to the provisions of this article, or to take or let out any dog placed therein by an officer of this city, or to take or attempt to take from an officer of this city any dog taken by him or in any manner interfere with or hinder any officer of this city in the enforcement of this article.

(Code 1961, 6-2-20; Ord. 2263; Code 2023)

The City Manager shall have the right of entry upon any private, unenclosed lots or lands for the purpose of collecting any dog whose presence thereupon is a violation of this article and it shall be unlawful for any person to interfere with the City Manager in the exercise of this right. The City Manager shall have the further right of entry to any property or premises during the period provided in section 2-117 and it shall be unlawful for any person to interfere with the City Manager in the exercise of this right.

(Code 1961, 6-2-21; Ord. 2263; Code 2023)

(a)   In cases charging a violation of Section 2-102, any person found guilty of violating the provisions of such section, shall for a first offense, pay a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00); upon a second conviction thereof within 2 years immediately preceding shall pay a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00); and upon a third or subsequent conviction thereof within 2 years immediately preceding shall pay a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).

(b)   Any person found guilty of violating the provisions of this Chapter for which there is no other penalty stated shall, for a first offense, pay a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment; upon a second conviction thereof within 2 years immediately preceding shall pay a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment; upon a third or subsequent conviction thereof within 2 years immediately preceding shall pay a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(c)   In addition to the penalty set out above in subsection (b),

(1)   the court may upon finding that any dog or other pet animal is likely again to be allowed to violate the provisions of this article, or other provisions of this code, may order the defendant not to own, keep or possess any dog or other pet animal for a period of up to two (2) years; and,

(2)   the court may, if applicable, add a sum of not less than fifty dollars ($50.00) to cover the costs of the city's handling and transportation of the animal to an animal shelter.

(d)   In all cases charging a violation of Sections 2-108, 2-111, 2-113 or 2-113, inclusive, the court may impose a fine twice that set out in subsection (b) above, but not to exceed one thousand dollars ($1,000.00) if the court also finds that the dog involved in said violation was at the time of the violation an unregistered dog.

(Code 1961, 6-2-22; Ord. 3927; Code 2023; Ord. 4256)

It shall be unlawful for any person within the corporate limits of the city to keep more than four (4) dogs at any premises, whether residential or commercial, unless such premises shall be licensed as a kennel and operated in an area properly zoned or otherwise in compliance with the zoning regulations of the city of Garnett, Kansas.

(Code 1961, 6-2-23; Ord. 3403; Code 2023)