(a)   Every owner of any dog over six months of age shall annually register with the city clerk his or her name and address with the name, sex and description of each dog owned and kept within the city. It shall be unlawful for the owner of any newly acquired dog or any dog brought into the city to fail to register such animal within 30 days from acquisition or bringing the dog into the city. It shall be unlawful for the owner of any previously registered dog to fail to maintain current registration of such dog.

(b)   Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog over six months of age to fail to maintain effective rabies immunization of such dog.

(c)   The owner or harborer of any dog shall, at the time of registering such dog, present to the city clerk a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog has been neutered or spayed.

(d)   The city clerk shall collect an annual registration fee of $5 for each neutered male dog and for each spayed female dog, and $10 for each unneutered male dog and for each unspayed female dog.

(e)   The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before March 1st of each year without penalty.

(f)   Registration fees as enumerated above may be prorated for newly acquired dogs or for dogs owned by a person or persons moving to and establishing a home in the city during a calendar year. Every owner or harborer of dog or dogs who shall fail to register the same prior to the 1st day of March of each year shall pay in addition to the registration fee herein provided a penalty fee for late registration of $5.

(g)   For those animals who had a previous year tag and have a current rabies vaccination on file at City Hall, the city will process an auto-renewal with the February utility bills. The city will charge the permit fee to the utility account and will mail the license and tag with the utility bill. If the resident no longer has the animal or has added additional animals, said resident must contact City Hall. This option is only available to animals with a current rabies vaccination on file at the time the license is issued.

(Ord. 91, Sec. 91-625:628; Ord. 288; Ord. 375; Code 2016)

It shall be the duty of the city clerk or designated agent, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefor, and shall deliver to the owner or keeper of the dog a certificate in writing, stating that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the owner or keeper of the dog a tag with the registration number and the registration year thereon, which shall be, by the owner or keeper, attached to the collar to be used on the dog so registered. When any tag has become lost during a registration period, the owner of the dog may request a duplicate tag for the remainder of the registration period. When so requested, the city clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon the payment of $1 fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.

(Ord. 91, Sec. 91-629:630; Code 2016)

It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof.

(Code 2016)

It shall be unlawful for the owner of any dog kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog within two years, when requested by the animal control officer or any law enforcement officer.

(Code 2016)

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 30 days. However, such dogs shall be kept under restraint by the owner thereof at all times.

(Code 2016)

(a)   It shall be unlawful for the owner or harborer of any dog to permit such dog to run at large within the city at any time;

(b)   Any dog running at large within the city shall be impounded as set out in section 2-207;

(c)   The owner of any dog impounded for running at large without the tag required by section 2-202 shall, for the first offense, pay a fine of $60 plus the board bill;

(d)   For the first offense of an animal running at large with a tag as required by section 2-202, the owner or harborer claiming any animal, shall, in addition to presenting a registration receipt, pay the cost of the board bill. For a second offense within a one year period, the owner or harborer shall pay a fine of $120 plus the board bill. For a third and all subsequent offenses within a one year period, the owner or harborer shall pay a fine of $180 plus the cost of the board bill.

(Ord. 91, Sec. 91-640; Ord. 383; Code 2016)

(a)   Any dog found in violation of the provisions of this article shall be subject to impoundment by the city.

(b)   A record of all dogs 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.

(c)   No dog impounded shall be disposed of until after expiration of a minimum of three full business days of custody during which the public has clear access to inspect and recover the dog through time periods ordinarily accepted as usual business hours. During such time of custody, the city shall attempt to notify the owner or custodian of any dog impounded by such facility if the owner or custodian is known or reasonably ascertainable. Such dog may at any time be released to the legal owner, moved to a veterinary hospital for treatment or observation, released in any manner, if such dog was a gift to the animal shelter, or euthanized by a licensed veterinarian if it appears to the veterinarian that the dog is diseased or disabled beyond recovery. If within three full business days the owner does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.

(d)   If at any time before the sale or destruction of any dog impounded under the provisions of this article, the owner of an impounded dog does appear and redeem the dog, it shall be turned over to the person claiming it upon payment of any impoundment fees or penalties plus the actual costs of impoundment, and shall not apply to any dog alleged as being vicious under section 2-115 or suspected of rabies.

(e)   The minimum impoundment fee shall be $25.

(f)   Any dog impounded may not be released without a current rabies vaccination.

(g)   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 hereunder.

(h)   The redemption of any dog impounded for a violation of any provision shall be prima facie evidence of the violation of such provision by the person redeeming the dog.

(Ord. 91, Sec. 91-631:632; Ord. 383; Code 2016)

(a)   If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-207, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year.

(b)   No dog may be transferred to the permanent custody of a prospective owner unless:

(1)   Such dog has been surgically spayed or neutered before the physical transfer of the dog occurs; or

(2)   the prospective owner signs an agreement to have the dog spayed or neutered and deposits with the city not less than the lowest nor more than the highest cost of spaying or neutering in the community as determined by the city. Any funds deposited pursuant to such an agreement shall be refunded to such person upon presentation of a written statement signed by a licensed veterinarian that the dog has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the dog, the city shall keep the deposit and may reclaim the unspayed or unneutered dog.

(c)   Nothing shall be construed to require sterilization of a dog which is being held by the city and which may be claimed by its rightful owner within the holding period established in section 2-207.

(Ord. 383; Code 2016)

Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain voluntary access to the confined animal except for purposes 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 neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the 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.

(Ord. 91, Sec. 91-643; Ord. 383; Code 2016)

Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such order shall be published in the official newspaper of the city for such period of time as the mayor may deem necessary.

(Code 2016)

It shall be unlawful for any person to permit any dog or dogs under his or her charge, care, custody or control to emit any excessive noise after the Animal Control Officer or other Police Officer authorized by the city has issued a written notice advising the dog or dogs, owner or custodian of the alleged noise. For purposes of this section, the term “excessive noise” shall mean noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one or more persons occupying property in the community or neighborhood, within reasonable proximity to the property where the dog or dogs are kept. The noise must be continuously audible for ten (10) minutes or intermittently audible for thirty (30) minutes within a three (3) hour period. However, the provisions of this section shall not apply to any commercial animal establishment permitted by zoning law where located. The Penalty for each separate violation of this section shall be a fine of not more than $100.00.

(Ord. 380; Code 2016)

(a)   It shall be unlawful to keep, harbor, own or in any/way possess within the corporate limits of the City of Overbrook, Kansas a pit bull dog.

(b)   “Pit bull dog” is defined to mean:

(1)   The bull terrier breeds of dog;

(2)   Staffordshire bull terrier breed of dog;

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

(4)   The American Staffordshire terrier breed of dog;

(5)   Dogs of mixed breed or of other breeds than above listed which breed, or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;

(6)   Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of. these breeds.

(Ord. 130; Code 2016)