(a)   Every owner or harborer of any dog or cat, which animal is over six months of age, shall register each dog or cat so owned with the City Clerk, including the name, sex and description of the animal.

(b)   Upon registration, the owner shall present a current completed certificate of immunization of rabies from a licensed veterinarian. No registration shall follow without evidence of this document.

(c)   If the dog or cat has been neutered or spayed, the owner or harborer shall, at the time of applying for a license, present to the City Clerk a certificate from a licensed veterinarian showing that the dog or cat has been neutered or spayed.

(d)   The City Clerk shall collect an annual license fee per household as follows:

(1)   $2.00 for the first spayed or neutered dog or cat,

(2)   $3.00 for the second spayed or neutered dog or cat,

(3)   $5.00 for the third spayed or neutered dog or cat;

(4)   $3.00 for the first non-spayed or non-neutered dog or cat,

(5)   $6.00 for the second non-spayed or non-neutered dog or cat,

(6)   $10.00 for the third non-spayed or non-neutered dog or cat; and

(7)   $25.00 per animal for the fourth and subsequent dog or cat.

(e)   The license year shall be from May 1st through April 30th of each year. The fee shall be payable before June 1st of each year without penalty.

(f)   Every owner or harborer of a dog or cat who shall fail to register and license the same prior to the 1st day or June of each licensing year shall pay, in addition to the license fee hereinabove provided, a penalty fee for late registration of $1.00 for each calendar month or fraction thereof during which the same remains unpaid and delinquent.

(Ord. 249; Code 2019)

It shall be the duty of the City Clerk or designated agent, upon receipt of the license fee hereinbefore required, to keep a book suitable for the registration of dogs and cats. The registration book shall record the time of the registration, the name of the owner or harborer, the number of the registration and the amount paid therefore. The City Clerk shall deliver to the owner or harborer of the dog or cat a certificate in writing stating that the person has registered the dog or cat and the number by which the dog or cat is registered. The City Clerk shall also deliver to the owner or harborer of the dog or cat a tag with the registration number and the licensed year thereon, which shall be attached to the animals collar. When it shall be made to appear that any tag has become lost, the City Clerk shall, upon presentation of the certificate, issue a new tag upon the payment of $1.00 fee. It shall be unlawful for any person to take off or remove the city license tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened.

(Ord. 249; Code 2019)

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

(Ord. 249; Code 2019)

(a)   It is unlawful for an owner or person in charge of any dog or cat to allow said animal to run at large within city limits. An animal shall be considered running at large when it is off the owner's property, not under direct control and the owner is not within visible sight of the animal. 

(b)   Any owner, keeper or harborer of any animal found running at large within the corporate limits of the city shall be deemed guilty of a misdemeanor. Knowledge or intention on the part of the owner, keeper or harborer shall not be elements of this offense. An Animal Services Officer may seize, impound and cause to be destroyed any such animal, including those animals not within the definitions of the Kansas Pet Animal Act, using the procedures set out at K.S.A. 47-1710. The Animal Service Officer may return the animal to its rightful owner, keeper or harborer upon request and may require the payment of a service charge and a boarding fee for days spent in confinement at the shelter prior to return of the animal. If any animal impounded for any reason is determined by the Animal Services Officer to require confinement separate from other like animals in order to protect the health and wellbeing of that animal, staff, the public, or other animals being housed at the animal holding facility due to any aggressive behavior and/or any disease or medical conditions, the boarding fee for such animal shall be twice the normal boarding fee established by the animal shelter.

(c)   If an individual has a complaint about an animal, he/she must sign a complaint form against the animal at the city office. The city clerk will file the complaint form and send a notice to the owner that a complaint has been filed, a copy of the complaint, if agreed to by the complainant, and that the owner needs to take necessary action. This is the animal owner’s warning and future infractions may assess a fine of not less than $5.00 nor more than $25.00.

(d)   The owner of any dog or cat impounded for running-at-large with or without the tag required by Section 2-202 shall be punished as set forth below:

(1)   Upon a first conviction, a fine of not less than $25.00 nor more than $100.00 shall be assessed in addition to all impoundment costs.

(2)   Upon a second conviction a fine of not less than $50.00 nor more than $150.00 shall be assessed in addition to all impoundment costs.

(3)   Upon a third or subsequent conviction, a fine of not less than $75.00 nor more than $200.00 shall be assessed in addition to all impoundment costs and the owner must appear in Municipal Court.

(e)   In addition to the penalties set forth in paragraph (d), the owner, keeper or harborer of any unaltered dog that has been impounded for running at-large shall be required to:

(1)   Have an identification microchip implanted in the dog traceable to the current owner, and registered with the City Clerk (per 2-201); and

(2)   Have the dog vaccinated against rabies, if a current vaccination record cannot be provided, by a licensed veterinarian; and 

(3)   Have the dog surgically sterilized by a licensed veterinarian within thirty days of redemption of said dog, at his or her own expense. It shall be a violation of this ordinance to fail to have the dog surgically sterilized, or provide proof from a licensed veterinarian that said dog has previously been surgically sterilized, or has been surgically sterilized and micro-chipped within thirty days after redemption of said dog as indicated in this ordinance; or

(4)   The owner, keeper or harborer may maintain the aforementioned dog intact by paying an additional unaltered animal fee, not to exceed $150, the amount of which shall be established by the Animal Services Officer, to redeem such a dog from the Animal Shelter. Such a dog may be maintained intact provided that the dog is not found to be running at large on any subsequent occurrence within the 12 months preceding the original offense.

(5)   For any dog required to be surgically sterilized, the Animal Services Officer shall collect payment for and issue a spay/neuter voucher at the time of the animal's redemption, and the owner, keeper or harborer shall provide documentation of the sterilization upon completion. Such a voucher shall remain valid for thirty (30) days. Any owner, keeper or harborer failing to provide documentation of the sterilization procedure within thirty days of impoundment shall be deemed guilty of a misdemeanor.

(f)   Upon the second occurrence of any intact dog impounded by Animal Services for running at large, the owner, keeper or harborer of such dog shall be required to have the animal surgically sterilized by a licensed veterinarian within thirty days of redemption of said dog at his or her own expense. For any animal required to be surgically sterilized, the Animal Services Officer shall collect payment for and issue a spay/neuter voucher at the time of the animal's redemption, and the owner, keeper or harborer shall provide documentation of the sterilization upon completion. Any owner, keeper or harborer failing to provide documentation of the sterilization procedure within thirty days of impoundment shall be deemed guilty of a misdemeanor.

(g)   Exceptions and exemption from the penalties set forth in paragraph (b), paragraph (c) paragraph (d) and paragraph (e) and may be permitted to run at large under: 

(1)   Authority of any federal, state or local law enforcement agency, or 

(2)   Authority of City of Palco for official purpose as long animal is under the control of a trained handler.

(Ord. 249; Ord. 272; Ord. 276; Code 2019; Ord. 293)

(a)   Every dog or cat which shall trespass upon or do injury to either public or private property of any person, other than the owner, keeper or harborer, is declared to be a nuisance and subject to the provisions of this article.

(b)   Any dog or cat that is dangerous or vicious, or that has bitten, threatened or annoyed any person on a public street or sidewalk, and any dog or cat that frequently or habitually barks, howls, yelps, squalls in such matter as to disturb any person or neighborhood, are hereby declared a nuisance and subject to the provisions of this article.

(Ord. 249; Code 2019)

Any dog or cat found in violation of the provisions of this article shall be subject to impoundment by the city. A record of all dogs and cats impounded shall be kept by the city containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment.

(a)   If the dog or cat impounded has a current registration tag attached to its collar, the owner of such dog or cat, as shown by the records of the City Clerk, shall be notified in writing as soon as possible. If, at the end of five (5) days the City has been unable to locate the owner, or the owner upon having been located, refuses to claim or redeem said dog or cat, then the dog or cat may be sold, euthanized or otherwise disposed of.

(b)   If the dog or cat impounded has no current registration tag, it shall be kept for at least seven (7) days. If within the seven (7) days the owner does not appear to claim the dog or cat it may be sold, euthanized or otherwise disposed of. A list of all impounded dogs and cats will be posted at the City Office.

If within the impounding period, the owner of an imposed dog or cat does appear and redeem the dog or cat, it shall be turned over to the person claiming it upon payment of the actual costs of the impoundment, and upon compliance with any fines and provisions of this article.

(Ord. 249; Code 2019; Ord. 294)

Any non-spayed female dog or cat in the stage of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure. The area of enclosure shall be constructed that no other dogs or cats may gain voluntary access to the confined animal except for the purpose of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a nuisance, shall be removed to a boarding kennel, veterinary clinic or animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement. Failure to comply with the order of the animal control officer shall be a violation of this article, and the animal will then be impounded as provided in 2-206.

(Ord. 249; Code 2019)

The owner, keeper or harborer of any dog or cat that interferes with a city employee engaged in reading meters or otherwise performing city duties shall restrain such dog or cat, after receiving notice of the interference.

(Ord. 249; Code 2019)

Abandonment of a dog or cat is a Class C violation punishable under Section 2-207 of the Uniform Public Offense Code for Kansas Cities as adopted by the City of Palco.

(Ord. 249; Code 2019)

Attack means violent or aggressive physical contact with a person or domestic animal or violent or aggressive behavior that confines the movement of a person, including, but not limited to, charging, cornering, chasing, or circling a person.

(a)   The Animal Services Officer or designee, based on the facts available, may declare a dog to be dangerous or potentially dangerous based on any one of the following guidelines:

(1)   The nature of any attack committed or wound inflicted by the animal and the need to put the community and owner on notice that the dog has displayed the propensity to inflict wounds or engage in aggressive or menacing behavior; or

(2)   The past history and seriousness of any attacks or wounds inflicted by the animal; or

(3)   The dog has exhibited an aggressive and vicious propensity toward persons or domestic animals and is capable of inflicting serious physical harm or death or damage to property; or

(4)   The conditions under which the animal is kept and maintained which could contribute to, encourage, or facilitate aggressive behavior, such as, but not limited to, allowing the animal to run at large, physical property conditions, presence of young children, the elderly, or infirm within or residing near the home, any past violations of this chapter, and/or failing to provide proper care, food, shelter, or water; or

(5)   Whether the dog was owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting;

(6)   Prior to a determination that a dog is dangerous or potentially dangerous, Animal Services shall notify, by mail, telephone or in-person, the owner or harborer of a dog under consideration, that such dog is potentially subject to a dangerous dog determination. The notice shall outline the process set forth in the ordinance and the factors utilized to make such a determination. The owner/harborer may submit a written response of any mitigating circumstances or facts that the owner/harborer deems relevant to the determination, including witness statements and any other written evidence. Any response, evidence or other documents must be received by Animal Services within 72 hours of the notice to the owner/harborer. The 72-hour time period will include weekends and holidays.

(7)   In determining whether to deem a dog dangerous, the fact-finder may consider potentially mitigating circumstances including but not limited to whether the bite or scratch was made in a playful manner without any sign of aggression or whether it was a response to pain, abuse, criminal trespass, or intentional provocation;

(b)   If a dog is deemed dangerous or potentially dangerous, the level shall be specified based on the nature of the attack or wound combined with the totality of circumstances. The guidelines per level are advisory in nature and shall not bind the fact-finder to a particular level if the totality of circumstances warrants a higher or lower level.

(1)   Potentially Dangerous: A minor bite, nip, or abrasion where skin contact or nicks may be evident but no vertical puncture wound exists; or an attack, without an actual bite, which inhibits movement and/or otherwise qualifies as an "attack".

(2)   Level 1: Any attack or bite in an aggressive manner that pierces the skin; or any attack or bite subsequent to being deemed dangerous or potentially dangerous on a prior occasion.

(3)   Level 2: Any bite that requires medical attention; or any bite that includes deep punctures or bruising even when no medical attention is sought; or any attack or bite incident involving predatory aggressive behavior toward a human or other domesticated animal while running at large, including, but not limited to: chasing, stalking, circling, inhibiting movement, predatory or aggressive pack behavior; or any bite subsequent to being deemed dangerous or potentially dangerous on a prior occasion.

(4)   Level 3: Any severe bite to a human requiring significant medical attention, wound closure, or other emergency medical attention; or an attack or bite with a demonstrated history of bites or attacks; or repeated non-compliance with Animal Services requirements that indicates a risk to the public; or circumstances otherwise indicating a pronounced and obvious risk to public health or safety.

(c)   If a dog is deemed dangerous or potentially dangerous, conditions may be required of the dog's owner or harborer to guarantee the safety of the public including, but not limited to, attendance at an approved education course, canine aggression workshop or management plan, sterilization, liability insurance, or safety equipment.

(d)   If a dog is deemed potentially dangerous or dangerous, the following conditions are minimum requirements that shall be ordered at each level:

(1)   Potentially dangerous requirements: mandatory signage and registration in accordance with section 2-212 and section 2-213 and microchipping pursuant to section 2-211(e). If there are no further incidents or indications of aggression, either charged in court or uncharged, and all requirements have been met, upon application by the owner to Animal Services, the potentially dangerous dog designation and all restrictions that accompany it, may be removed after 24 consecutive months. The decision to lift the designation is at the discretion of Animal Services or designee and City Council approval and may be appealed to an administrative hearing before a Municipal Court judge.

(2)   Level 1 and Level 2: mandatory signage and registration in accordance with section 2-212 and section 2-213, mandatory secure enclosure as specified in section 2-211(a), microchipping pursuant to Section 2-204(e), and a letter from a landlord if one exists. If there are no further incidents or indications of aggression, either charged in court or uncharged, and all requirements have been met, upon application by the owner to the Animal Services Officer, the Level 1 Dangerous Dog designation and all restrictions that accompany it, may be removed after 36 consecutive months. The decision to lift the designation is at the discretion of Animal Services or designee and City Council approval and may be appealed to an administrative hearing before a Municipal Court judge. The designation may never be removed from a Level 2 determination.

(3)   Level 3: Euthanasia is mandatory.

(e)   A dog that is harbored or maintained outside the city limits of Palco, but committed acts within the city limits of Palco that would deem it dangerous or potentially dangerous, may be deemed dangerous or potentially dangerous and any orders made pursuant to that determination will apply if the dog enters the city limits of Palco.

(f)   Dangerous dog—Notification procedure. If Animal Services or a designee determines that a dog is dangerous or potentially dangerous, the disposition will be determined based on the facts available and consistent with the provisions of this chapter. The Animal Services or a designee may impound the dog and shall notify the owner of any such determination by personal service, residential service at the person's usual place of abode by leaving a copy of the notice with some person of suitable age and discretion residing therein, or by certified mail addressed to the owner's last known address, or addressed to the location where the dog is maintained. If service is by certified mail, Animal Services shall request return receipt with instructions to the delivering postal employee to show to whom delivered, the date of delivery, and address where delivered. Service of process by certified mail shall be considered obtained upon the delivery. If the certified mail envelope is returned with an endorsement showing refusal of delivery, the Animal Services Officer or designee shall send a copy of the notice to the defendant by ordinary, First-Class Mail. This First-Class mailing shall be evidenced by a certificate of mailing. Service shall be considered obtained upon the mailing of this additional notice by First-Class Mail.

(Ord. 230; Code 2019; Ord. 295)

(a)   It is unlawful for an owner, keeper or harborer of a dangerous dog to permit the dog to be outside an approved or secure enclosure unless the dog is restrained by a substantial chain or leash and under physical restraint by a responsible person who is 18 years of age or older and possesses sufficient strength for physical control of the animal. In such an event, the dangerous dog shall be securely muzzled and restrained with a chain or leash not exceeding four feet in length, and shall be under the direct control and supervision of the owner, keeper or harborer of the dangerous dog. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(b)   Secure or approved enclosures required under this section must be approved by Animal Services or designee and be adequately lighted and kept in a clean and sanitary condition with proper food and water readily available.

(c)   The owner, keeper or harborer shall allow the access to the property where the dangerous animal is being harbored to facilitate inspections and ensure compliance for the duration of the life of the animal or duration of the designation.

(d)   If the owner, keeper or harborer of a dog that has been determined to be dangerous or potentially dangerous is required to have the animal surgically sterilized by a licensed veterinarian, it shall be completed within thirty days of the dangerous animal determination, at his or her own expense. For any animal required to be surgically sterilized, the Animal Service or designee shall collect payment for and issue a spay/neuter voucher at the time of the animal's redemption, and the owner, keeper or harborer shall provide documentation of the sterilization upon completion. 

(e)   The owner, keeper or harborer of any dog that has been determined to be dangerous or potentially dangerous shall be required to have a microchip, traceable to the dangerous dog and the current owner, inserted into the dog and copies of documentation of said procedure available for review by Animal Services. 

(f)   It shall be unlawful for any person to:

(1)   Harbor, keep or maintain a dangerous dog level 1, 2 or 3 on property not owned by the person without the written consent of the land owner; or

(2)   Sell, barter or give away to another person a dog which has been deemed dangerous level 1, 2 or 3; or

(3)   Own, keep or harbor more than two dogs which have been declared dangerous by this title; or

(4)   Transfer ownership or long-term care of a dog deemed potentially dangerous to any person without a written acknowledgement filed with Animal Services. The person receiving the dog shall sign a document acknowledging the dog is deemed potentially dangerous and agree to the requirements that accompany that designation and file such a document with Animal Services.

(5)   After acknowledging ownership or long-term care of a dog deemed potentially dangerous, failure to comply with orders of fact-finder who deemed the dog potentially dangerous.

(6)   Fail to comply with boarding requirements: Any dog deemed dangerous level 1 or 2 shall be cared for by a licensed veterinarian or boarding facility in the event that short term boarding or housing becomes necessary. In the event of the owner's or harborer's absence, a dangerous dog may not be cared for by persons living outside the household other than a licensed veterinarian or boarding facility.

(g)   Should a previously determined dangerous or potentially dangerous dog be found running at large attack or inflict injury upon any person or domesticated animal or a previously determined dangerous or potentially dangerous dog be found running at large in violation of this section and the owner or harborer has not complied with the orders of the dangerous dog orders, the Judge of the Municipal Court shall, in addition to any other penalty provided in section 6.04.190, order the dog destroyed. Provided, however, the judge of the Municipal Court may, at his or her discretion, only for the question of ordering the dog destroyed consider whether the attack or injury was sustained by a person or animal who, at the time, was committing a criminal trespass or other tort upon the premises of the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, aroused, or assaulted the dog or was committing or attempting to commit a crime.

(h)   Failure to comply with any orders of the Supervisor of Animal Services, designee or any factfinder related to a dog being deemed dangerous or potentially dangerous is a misdemeanor and is punishable in accordance with 2-214.

(Ord. 296)

The owner of a dog deemed dangerous or potentially dangerous shall display in a prominent place at the entrance to his or her premises where the dog is housed a warning sign purchased from the City of Palco Animal Services Officer indicating there is a dangerous dog on the premises. A sign is also required to be posted on the secure enclosure in which the animal is harbored. The Animal Control Officer may require additional signs if deemed necessary based on the layout of the property. Failure to post the required signs is a misdemeanor and is punishable in accordance with section 2-214(a).

(Ord. 297)

(a)   The owner, keeper or person harboring a dangerous or potentially dangerous dog shall annually register the dog with the City of Palco on such forms designated by Animal Services or designee. The owner, keeper or harborer shall complete an application and shall pay a $25.00 annual registration fee for a potentially dangerous dog to the City of Palco or a $50.00 annual registration fee for a dog deemed dangerous level 1 or 2 and shall pay all costs associated with any other requirements ordered as a result of the dangerous dog designation. 

(b)   The owner, keeper or person harboring a dog deemed dangerous or potentially dangerous shall notify Animal Services in writing a minimum of seven calendar days prior to any change in the address of the owner, keeper or person harboring the dog or the location of the dangerous dog and arrange for an inspection of the new property. Any owner, keeper or harborer of a dangerous dog who fails to comply with this provision shall be deemed guilty of a misdemeanor in accordance with Section 2-214.

(c)   If the owner, keeper or person harboring a dangerous or potentially dangerous dog is required to maintain liability insurance, it shall be in the amount of at least $100,000.00 dollars for each such dog against the potential injury or damage liabilities and hazards associated with the ownership or possession of such dog. The owner or person harboring a dangerous dog shall file with Animal Services a certificate of insurance reflecting the required minimum insurance and shall notify Animal Services of any changes to the insurance policy in writing within 7 calendar days of the change. Any owner, keeper or harborer who fails to comply with this provision shall be deemed guilty of a misdemeanor and punished in accordance with Section 2-214.

(Ord. 298)

(a)   Unless specifically set forth above, any violation of this Chapter is an unclassified misdemeanor, punishable by a fine not exceed $500.00 per violation 

(b)   The minimum fine for the following enumerated sections of this chapter shall be assessed as follows:

(1)   2-201(a) - Failure to obtain a license to keep a dog or cat - $25.00

(2)   2-201(b) - Failure to provide certificate of immunization of rabies - $50.00

(3)   2-204(c) - Failure to microchip after 1st impoundment - $50.00/court appearance

(4)   2-204(d) - Sterilization Violations after 1st impoundment - $100.00/must show proof of sterilization or court appearance

(c)   Each day that any violation of this chapter occurs shall constitute a separate offense and shall be punishable under this chapter as a separate violation.

(d)   In addition to the penalties enumerated in subsections (a) and (b) of this section, the judge of the Municipal Court may, upon a person's third conviction of sections 2-216(a), 2-216(a)(1), and 2-216(a)(2), involving the same animal within any twelve-month period, order such person's license to keep said animal revoked.

(e)   Any person who continues to own or harbor an animal after the license for said animal has been revoked is guilty of a misdemeanor.

(Ord. 299)