For the purpose of this article, the following words shall mean:

(a)   Dog shall include both male and female dogs, six months of age or older.

(b)   Cat shall include both male and female cats, six months of age of older.

(c)   Own shall mean and include own, keep, harbor, shelter, manage, possess, or have a part interest in any dog or cat. If a minor owns a dog or cat subject to the provisions of this article, the head of the household of which such minor is a member shall be deemed to own the dog or cat for the purposes of this article.

(d)   Owner shall mean the one who owns, his or her employee, agent, or other competent person into whose charge the actual owner has placed the dog or cat.

(e)   At large shall mean off the premises of the owner or keeper or not under the control or supervision of the owner or keeper.

(f)   Vicious dog shall mean any dog which is fierce, dangerous, mean or uncontrollable; or one which has previously attacked or bitten any person or possesses a propensity to attack or bits any person.

(g)   Harborer shall mean any person who allows or permits any dog or cat to habitually remain or to be lodged or fed within or upon the premises of such person.

(h)   Pit Bull Dog is defined to mean:

(1)   The Staffordshire bull terrier breed of dog;

(2)   The American pit bull terrier breed of dog;

(3)   The American Staffordshire terrier breed of dog;

(4)   Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire, or a combination of any of these breeds.

(Ord. 1016)

(a)   The owner or harborer of any dogs or cats 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 on or before June 1, each year hereafter. The city clerk shall issue and deliver to the owner, for such dog or cat, a suitable metal check or tag bearing a number stating the year for which issued. The metal tag issued for such dog or cat shall be securely affixed to the collar or harness of each dog or cat so registered in visible to the police officers of the city. If such tag be lost, the city clerk, upon request and satisfactory proof that the same has been lost and the payment of the sum of $.50, shall issue a duplicate tag.

(b)   That prior to registration of any dog or cat the owner or harborer thereof shall present to the city clerk a certificate showing that such dog or cat has been vaccinated for rabies for the current registration period and shall pay to the clerk the following registration fees:

(1)   $2 for each neutered male or spayed female dog or cat;

(2)   $7 for each male dog or cat which has not been neutered and for each female dog and cat which has not been spayed;

(3)   After the first registration of any dog or cat, an annual renewal registration fee of $2.00 shall be paid.

(Code 1992)

The city clerk shall keep a book or record in which he or she shall enter the names and addresses of the owners registering dogs or cats, the name, sex, if male, whether neutered or not, if female whether spayed or not, color and description of the dog or cat, and such other information as may be deemed necessary.

(Code 1992)

Any person owning, keeping or harboring a dog or cat within the limits of the city for six consecutive days shall be deemed the owner thereof.

(Code1992)

Each year on or before the 15th day of May, it shall be the duty of the city clerk to publish a notice of the requirements of this article in the official city paper. Such notice shall be published one or more and shall notify owners or harborers of dogs or cats in the city that the annual dog and cat registration will be due on or before June 1, following such other information as is pertinent may be included in the notice.

(Code 1992)

It shall be unlawful for the owner or harborer of any dog or cat to permit any dog or cat owned or harbored by him or her to commit a nuisance upon the property of another, or to destroy, damage or injure in any way any public or private property or permit any dog to run after persons, animals, bicycles or vehicles on the streets, avenues, alleys or any public place in the city.

(Code1992)

It is made the duty of the several police officers of the city to enforce the terms and provisions of this article, and the mayor the city my appoint some suitable person to be known as dog and cat officer, whose duties may be to assist in the enforcement of this article.

(Code 1992)

Any persons violating or permitting the violation of any provision of this article, for which no specific penalty is provided, shall upon conviction in the municipal court be fined a sum not less than $25 nor more than $200.

(Code 1992)

It shall be unlawful to own, harbor or keep any dog in this city that is vicious or has been known to bite people.

(Ord. 638, Sec. 8)

It shall be unlawful for the owner of any dog to carelessly, willfully or maliciously permit any such dog to cause a disturbance of the peace, or permit such dog to howl or bark so as to constitute a disturbance of the peace.

(Ord. 638, Sec. 9)

It shall be unlawful for the owner or harborer of any dog to permit any dog owned or harbored by him or her to commit a nuisance upon the property of another, or to destroy, damage or injure in any way any public or private property; permit any dog to run after persons, animals, bicycles or vehicles on the streets, avenues, alleys or any public place in the city.

(Ord. 638, Sec. 10)

It shall be unlawful for any person other than a duly authorized officer to break open or attempt to break open the pound, or to take or let out any dog placed therein by an officer of this city, or take or attempt to take from an officer of this 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. 638, Sec. 11)

All fees, charges and penalties paid to or collected by any officers of the city under or pursuant to the provisions of this article shall be paid over to the city clerk and by him or her credited to the general operating fund.

(Ord. 638, Sec. 12)

It is made the duty of the several police officers of the city to enforce the terms and provisions of this article, and the mayor of the city may appoint some suitable person to be known as dog officer, whose duties it shall be to assist in the enforcement of this article.

(Ord. 638, Sec. 13)

(a)   It shall be unlawful for the owner, keeper, or harborer of any dog to permit such dog to run at large. The fact of a dog being found at large shall be prima facie evidence of a violation of this section.

(b)   Any person violating or permitting the violation of this section shall upon conviction be fined a sum not less than $50.00 for the first offense, $150.00 for the second offense and not less than $250.00 nor more than $500.00 for the third or subsequent offense.

(c)   Upon a third or subsequent conviction of a violation of this section the judge of the municipal court may order the owner harborer keeper or possessor of such any dog to confine such dos in a secure enclosure or building. If the dog is taken off the property by the owner harborer, keeper or possessor, the judge shall order the dog to be wider the direct physical control of some person by use of a chain leash or similar device. Failure to comply with any such order shall be deemed a violation of this section and shall subject the owner harborer, keeper or possessor of such dog to the contempt powers of the court issuing such order.

(Ord. 1033; Ord. 2009; Code 2022)

If any dog shall defecate upon any public property, or the private property of another, the owner of said dog shall immediately remove or cause to be removed from the property all feces deposited by said dog. If such feces are not removed, then the owner of said dog shall be deemed in violation of this article. Violations of this Section 2-215a shall be punishable by fine in an amount of $50 for each violation. The provisions of this article do not apply to a guide dog when walked by an unaccompanied visually-impaired person.

(Ord. 2070; Code 2022)

(a)   Any dog found to be at large within the city may be impounded in the animal shelter in a humane manner. The animal control officer may take into custody and impound all dogs not wearing a current registration tag. If, by a tag or other reasonable means, the owner can be identified, the animal control officer or his designated agent shall, as soon as possible upon impoundment, notify the owner by telephone or mail of the impoundment of the dog. Impounded dogs shall be kept for a period of not less than 72 hours unless sooner claimed by the owner.

(b)   The owner shall entitled to resume possession of any impounded dog, except as provided in this section upon compliance with the permit provisions of this article and payment of the impoundment fees.

(c)   The impoundment fee for a dog shall be $10.00 for each dog, plus $2.00 for each day such dog is kept after the expiration of the legal detention period.

(d)   No owner shall be allowed to redeem any dog impounded for being a public nuisance, unless a judge having proper jurisdiction authorizes such redemption.

(e)   No owner shall be allowed to redeem any dog when in the judgment of the animal control officer, the dog should be destroyed for humane reasons.

(f)   If a person is adjudicated guilty of the crime of cruelty to animals and the court is satisfied that an animal owned or possessed by such person would be in the future subjected to such crime such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale or other disposition.

(g)   If an impounded dog is not redeemed within 72 hours then the dog shall be deemed abandoned and title thereto shall pass to the city by operation of law.

(Ord. 2009, Code 2001)

It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Caney, Kansas, a “pit bull dog” as defined in Section 2-201 (h); provided, that any pit bull dog which is registered with the City on the date of publication of this article may be kept within the City on subject to the standards and requirements set forth in Section 2-217 below.

The keeping of such dogs, however, shall be subject to the following standards:

(a)   Leash and Muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

(b)   Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen of kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be imbedded in the ground not less than two feet. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(c)   Confinement Indoors. No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog form exiting the structure.

(d)   Signs. All owners, keepers or harborers of registered pit bull dogs within the City shall within 10 days of the effective date of this article display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign is required to be posted on the kennel or pen of such animal.

(e)   Insurance. All owners, keepers or harborers of registered pit bull dogs must within 10 days of the effective date of this article provide proof to the Caney City Clerk of public liability insurance in a single incident amount of $50,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is first given the Caney City Clerk.

(f)   Identification Photographs. All owners, keepers or harborers of registered pit bull dogs must within 10 day of the effective date of this article provide to the City Clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.

(g)   Reporting Requirements. All owners, keepers or harborers of registered pit bull dogs must within 10 days of the incident, report the following information in writing to the Caney City Clerk as required hereinafter:

(1)   The removal from the City or death of a registered pit bull dog;

(2)   The birth of offspring of a registered pit bull dog;

(3)   The new address of a registered pit bull dog owner should the owner move within the corporate city limits.

(h)   Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dogs to persons who do not reside within the City.

(i)    Animals Born of Registered Dogs. All offspring born of pit bull dogs registered within the City must be removed from the City within six weeks of the birth of such animal.

(j)    Irrebuttable Presumptions. There shall be an irrebuttable presumption that any dog registered within the City as a pit bull dog or any of those breeds prohibited by Section 2-217 is in fact subject to the requirements of this article.

(k)   Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered within the City of Caney to fail to comply with the requirements and conditions set forth in this article. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City.

(l)    Violations and Penalties. Any person violating or permitting the violation of any provision of Article 2-216 through 2-217, shall upon conviction in the municipal court be fined a sum not less than $200, and not more than $1,000. In addition to the fine imposed the Court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. In addition, the Court shall order the registration of the subject pit bull revoked and the dog removed from the city. Should the defendant refuse to remove the dog from the City, the Municipal Court Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of any section above set forth continues shall be deemed a separate offence. In addition to the foregoing penalties, any person who violates any of the above sections shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of the sections above set forth.