Chapter II · Animals and Fowl

ARTICLE 4. DOGS AT LARGE

Sections 2-401 to 2-409 · 9 sections

2-401 Dogs at large: defined and prohibited.

It shall be unlawful for any person who shall own, keep or harbor any dog, whether licensed or unlicensed, to permit the same to run at large within the City; provided that any dog within the city not confined to a vehicle or automobile or to the lead of its master or owner, or kept on the premises of its master or owner shall be considered, for the purpose of this chapter to be running at large.

(Ord. 165, Sec. 1; Ord. 1255, Sec. 11; Ord. 1527)

2-402 Impounding.

It shall be the duty of every City law enforcement officer or any animal control officer or pound master employed by the City to apprehend any dog found running at large in violation of Section 2-401 of this article and to:

(a)Impound such dog in a place provided by the City, and/or;

(b)If the owner, keeper or harborer of the dog can be determined, a warning or citation may be issued in lieu of such impoundment.

(Ord. 165, Sec. 2; Ord. 1255, Sec. 12; Ord. 1527)

2-403 Impounding notice.

When any dog is impounded pursuant to Section 2-402 hereof the City law enforcement officer, or some other person who may be designated by the Mayor, shall cause notice to be given by mail or by telephone to the owner of said dog if the same can be ascertained and at the time of such impoundment a description of all dogs; whose owner cannot be ascertained, shall be publicly posted by the Police Department for the information of any person interested in such dog so impounded, provided, however, that failure to ascertain the ownership or to notify the owner of any such dogs shall not constitute a violation of any of the procedures with respect to the disposal of any unclaimed dogs.

(Ord. 165, Sec. 3; Ord. 1255, Sec. 13; Ord. 1527)

2-404 Redeeming impounded dogs.

(a)In the event that the owner of any dog impounded under the aforesaid Section 2-402, shall appear at the Police Department, or at any other place that may be designated by the Mayor, within seventy-two (72) hours after said dog shall be impounded, the owner shall be entitled to redeem such dog upon the payment of the sum of Forty Five Dollars ($45.00) and the cost of the care and maintenance of said dog (which cost is hereby determined to be ten dollars ($10.00) per day for each day or portion of a day of impoundment) and a ten dollar fee if the dog has not been vaccinated or inoculated with a recognized anti-rabies vaccine.

(Ord. 684; Ord. 1255, Sec. 14; Ord. 1527)

2-405 Disposal of unclaimed dogs.

After the expiration of the seventy-two (72) hours provided in the above Section 2-404, a law enforcement officer or any other person designated by the Mayor, is hereby empowered to dispose of any unclaimed dogs, by destruction, or by delivery to a licensed veterinarian facility or humane society recognized by the laws of the State of Kansas.

(Ord. 684; Ord. 1255, Sec. 15; Ord. 1527)

2-406 Reserved.

(Ord. 165, Sec. 6; Ord. 1527)

2-407 Monies received.

That any monies be received by the City under the terms of this article shall be kept in a General Fund.

(Ord. 165, Sec. 7)

2-408 Penalty.

Any person who owns, harbors, or keeps a dog or dogs which are allowed to run at large in violation of Section 2-401 of this article shall upon conviction thereof, be assessed or levied a fine of $50.00. The fines and fees as set forth herein may be modified from time to time by simple Resolution, which Resolution(s) shall at all times be on file in City Hall and available for inspection.

(Ord. 193, Sec. 1; Ord. 1255, Sec. 16; Ord. 1527)

2-409 Disturbances by pets.

It shall be unlawful for any person within the City of Andover, Kansas, to keep, own, or harbor any pet of whatsoever kind, which barks, whines, howls, or which causes other disturbing noises in a continuous or unreasonable fashion.

(a)Upon written complaint of the above section filed with the City, the Chief of Police is hereby directed to give written notice of such complaint to the owner of the pet in question and order that such nuisance be abated within five days from the date of said written notification.

(b)That subsequent to the five day period specified in Section “a” herein, any person in violation of this ordinance shall be deemed guilty of a misdemeanor which shall be punishable by a fine of up to $200.00 and/or imprisonment for up to ten (10) days in the county jail.

(Ord. 391, Sec. 1, 2, 3)