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CITY OF UNIONTOWN
PO BOX 51
UNONTOWN, KS 66779
ORDINANCE NO. 85
AN ORDINANCE PROHIBITING THE KEEPING OF VICIOUS DOGS AND OTHER VICIOUS ANIMALS IN THE CITY OF UNIONTOWN.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF UNIONTOWN, BOURBON COUNTY, KANSAS.
SECTION 1. Animals: Keeping Prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Uniontown, Kansas:
(A) Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes).
(B) Any animal having poisonous bites.
(C) Any vicious dog which has a tendency or propensity to attack or otherwise endanger the safety of human beings or domestic animals without provocation.
(D) Any pit bull dog; provided that pit bull dogs registered with the City on the date of publication of this ordinance may be kept within the City subject to the standards and requirements set forth in Section 1 of this Article. "Pit bull dog" is defined to mean:
(1) The bull terrier breed 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.
SECTION 2. Keeping of Registered Pit Bulls. The provisions of Section 1 of this Article are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Uniontown on the effective date of this ordinance. The keeping of such dogs, however, shall be subject to the following standards:
(A) Registration. Within ten (10) days of the effective date of this ordinance each owner, keeper, harborer, or possessor of a pit bull dog shall register such dog with the City Clerk.
(B) Leash and Muzzle. No person shall permit a pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) 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 of suitable age and discretion is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, or structures. 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
(C) Confinement. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or 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 pit bull dogs must be locked with a key or combination lock when such animals are within the structure and the structure must have a secure floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house pit bull dogs must comply with all zoning and building ordinances and regulations of the City and shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(D) 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 dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.
(E) Signs. All owners, keepers, harborers, or possessors of pit bull dogs within the City shall within ten (10) days of the effective date of this Ordinance 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.
(F) Insurance. All owners, keepers, harborers or possessors of pit bull dogs must within twenty (20) days of the effective date of this ordinance provide proof to the Uniontown 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 owning, possessing, keeping or maintaining of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the Uniontown City Clerk.
(G) Identification Photographs. All owners, keepers, possessors, or harborers of pit bull dogs must within twenty (20) days of the effective date of this Ordinance provide to the City Clerk two (2) color photographs of the dog clearly showing the color and approximate size of the animal.
(H) Reporting Requirements. All owners, keepers, possessors, or harborers of pit bull dogs must within ten (10) days of the incident, report the following information in writing to the Uniontown City Clerk as required hereinafter:
(1) The removal from the City or death of a pit bull dog;
(2) The birth of offspring of a pit bull dog;
(3) The new address of a pit bull dog owner should the owner move within the corporate city limits.
SECTION 3. Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way transfer possession of a pit bull dog to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the owner of such dog; provided that the owner of a pit bull dog may sell or otherwise dispose of a pit bull dog or the offspring of such dog to persons who do not reside within the City. SECTION 4. Animals Born of Registered Dogs. All offspring born of pit bull dogs within the City must be removed from the City within six (6) weeks of the birth of such animal. SECTION 5. Irrebuttable Presumptions. There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds defined by Section 1 hereof is in fact a dog subject to the requirements of this Ordinance. SECTION 6. Failure to Comply. It shall be unlawful for the owner, keeper, harborer, or possessor of a pit bull dog within the City of Uniontown to fail to comply with the provisions of this Ordinance. Any dog found to be the subject of a violation of this Ordinance 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. SECTION 7. Violations and Penalties. Any person violating or permitting the violation of any provision of this Ordinance shall upon conviction in Municipal Court be fined a sum not less than $100.00 and not more than $500.00. In addition to the fine imposed, the Court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty (30) days. Further, the court may order 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 in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this Ordinance continues may be deemed a separate offense. In addition to the foregoing penalties, any person who violates this Ordinance shall pay all expenses, including sums for shelter, food, handling, veterinary care, and expert testimony, which are necessitated by the person's failure to abide by the provisions of this Ordinance. SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 9. Effective Date. This Ordinance shall take effect and be in full force from and after its passage, approval and publication in the official City newspaper.
PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF UNIONTOWN, KANSAS, the 12th day of May, 1987.
THE CITY OF UNIONTOWN, KANSAS. HERBERT E. HEADLEY, MAYOR
LINDA E. GIER, CITY CLERK
CITY OF UNIONTOWN
PO BOX 51
UNONTOWN, KS 66779
ORDINANCE NO. 174
AN ORDINANCE AMENDING ORDINANCE NO. 169 RELATING TO THE KEEPING OF DOGS AND CATS WITHIN THE CITY OF UNIONTOWN AND PROVIDING FOR THE PUBLIC SAFETY BY REQUIRING ALL DOGS AND CATS KEPT WITHIN THE CITY OF UNIONTOWN TO BE REGISTERED AND VACCINATED FOR RABIES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF UNIONTOWN, KANSAS:
SECTION 1. PERMITTED DOGS AND CATS.
No person or household shall own or harbor more than three dogs of six months of age or older and more than one litter of pups; and/or more than three cats of more than six months of age and more than one litter of kittens; totaling a maximum of three adult dogs and three adult cats more than six months of age.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect and be in force after its passage and publication in the official city newspaper.
Passed and approved this 9th day of February, 2016.
Sally Johnson, City Clerk
CITY OF UNIONTOWN
PO BOX 51
UNONTOWN, KS 66779
ORDINANCE NO. 169
AN ORDINANCE RELATING TO THE KEEPING OF DOGS AND CATS WITHIN THE CITY OF UNIONTOWN AND PROVIDING FOR THE PUBLIC SAFETY BY REQUIRING ALL DOGS AND CATS KEPT WITHIN THE CITY OF UNIONTOWN TO BE REGISTERED AND VACCINATED FOR RABIES AND REPEALING ORDINANCES NO. 42 AND ORDINANCE NO. 143.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF UNIONTOWN, KANSAS:
SECTION 1. REGISTRATION AND VACCINATION REQUIRED; FEE.
(a) Every owner of any dog or cat 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 or cat owned and kept within the city. It shall be unlawful for the owner of any newly acquired dog or cat, or any dog or cat brought into the city, to fail to register such animal within 30 days from acquisition or bringing the dog or cat into the city. It shall be unlawful for the owner of any previously registered dog or cat to fail to maintain current registration of such animal.
(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 or cat over six months of age to fail to maintain effective rabies immunization of such dog or cat.
(c) The owner or harborer of any dog or cat shall, at the time of registering such dog or cat, present to the city clerk a certificate from an accredited veterinarian showing that a male dog or cat has been neutered or a female dog or cat has been spayed, if the animal has been neutered or spayed.
(d) The city clerk shall collect an annual registration fee of $5.00 for each neutered male dog or cat and for each spayed female dog or cat, and $7.00 for each unneutered male dog or cat and for each unspayed female dog or cat.
(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) The fine for not registering is $25.00 per dog or cat.
Registration fees as enumerated above may be prorated for newly acquired dogs and cats or for dogs and cats 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 cat or dogs or cats 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 $5.00.
SECTION 2. DOG AND CAT TAGS. 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 and cats, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefore, and shall deliver to the owner or keeper 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, and shall also deliver to the owner or keeper of the dog or cat 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 or cat so registered. When any tag has become lost during a registration period, the owner of the dog or cat 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 a $2.00 fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened.
SECTION 3. SAME; COUNTERFEIT TAG. It shall be unlawful for any person to place on any dog or cat a tag issued for any other dog or cat or to make or use any false, forged or counterfeited tag or imitation thereof.
SECTION 4. EVIDENCE OF VACCINATION. It shall be unlawful for the owner of any dog or cat 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 or cat within two years, when requested by the codes enforcement officer, animal control officer, or any law enforcement officer.
SECTION 5. VISITING DOGS AND CATS. The provisions of this article with respect to registra¬tion shall not apply to any dog or cat owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dogs and cats shall be kept under restraint by the owner thereof at all times.
SECTION 6. RUNNING AT LARGE; FINE.
(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 7;
(c) The owner of any dog impounded for running at large without the tag required by Section 2 shall, for the first offense, pay a fine of $20.00 plus the board bill;
(d) For the first offense of a dog running at large with a tag as required by Section 2, the owner or harborer claiming the dog, 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 $10.00 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 $20.00 plus the cost of the board bill.
SECTION 7. IMPOUNDMENT; REDEMPTION; MINIMUM FEE.
(a) Any dog or cat found in violation of the provisions of this ordinance shall be subject to impoundment by the city and the owner or harborer will be assessed a fine as set forth in section (b). The Mayor shall employ a suitable person whose duty shall be to capture all dogs and cats found in violation of the provisions of this ordinance and to place them in a pound to be provided for that purpose. Such dogs or cats may at any time be moved to a veterinary hospital for treatment or observation, or euthanized by a licensed veterinarian if it appears to the veterinarian that the dog or cat is diseased or disabled beyond recovery. If within 48 hours the owner does not appear to claim the dog or cat, then the dog or cat may be sold, euthanized or otherwise disposed of.
(b) If at any time before the sale or destruction of any dog or cat impounded under the provisions of this article, the owner of an impounded dog or cat does appear and redeem the dog or cat, it shall be turned over to the person claiming it upon payment of any impoundment fees or penalties plus the actual cost of impoundment. This shall not apply to any dog alleged as being vicious under City Ordinance No. 85 or any dog or cat suspected of rabies.
(c) The minimum impoundment fee shall be $50.00.
(d) Any dog or cat impounded may not be released without a current rabies vaccination.
(e) 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.
(f) The redemption of any dog or cat impounded for a violation of any provision shall be prima facie evidence of the violation of such provision by the person redeeming the dog or cat.
SECTION 8. DISPOSITION OF UNCLAIMED DOGS AND CATS. If any dog or cat is not redeemed by its owner or harborer within the time allowed for redemption as specified in Section 7 thereof, 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.
SECTION 9. CONFINEMENT OF DOGS IN HEAT. 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.
SECTION 10. MUZZLING. 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.
SECTION 11. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance
SECTION 12. EFFECTIVE DATE. This ordinance shall take effect and be in force from January 1, 2015, after its passage and publication in the official city newspaper.
Passed and approved this 21st day of October, 2014.
Sally Johnson, City Clerk