Article 1. Dogs
(a) No person, firm, corporation, organization or department shall keep, own or harbor a vicious dog or animal in the city limits of Lane.
(b) No person, firm, corporation, organization or department shall possess, keep or harbor or maintain care or custody of any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals.
Vicious Dog means:
(a) Any dog, when unprovoked, with a known propensity, tendency or disposition to attack, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; and
(b) Any dog which when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places; and
(c) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or
(d) Any dog owned, kept or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
Notwithstanding the definition of a vicious dog above, no dog may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained was committing a willful trespass or other tort upon premises occupied by the owner, harborer or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
No dog may be declared vicious if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
Owner, harborer or keeper means any person owning, keeping or harboring a dog within the city limits for five (5) consecutive days.
(Ord. 92; Code 2022)
In the event that any law enforcement officer, city marshal, dog catcher, or public health officer of the City or any agent thereof has probable cause to believe that a dog is vicious, the Municipal Judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared vicious. Any law enforcement officer, city marshal, dog catcher, public health officer, or city attorney of the City of Lane or any agent thereof, shall notify the owner, harborer or keeper of the dog that a hearing will be held, at which time he or she may have the opportunity to present evidence why the dog should not be declared vicious. The hearing shall be held promptly within no less than five (5) days nor more than ten (10) days after service of notice upon the owner, harborer or keeper of the dog. The hearing shall be informal and shall be open to the public.
After the hearing, the owner, harborer or keeper of the dog shall be notified in writing of the determination. If a determination is made that the dog is vicious, the owner, harborer, or keeper shal1 remove the dog from the City of Lane in accordance with a time schedule established by the Municipal Judge, but in no case more than thirty (30) days subsequent to the date of determination. If the owner, harborer or keeper of the dog contests the determination, he or she may, within five (5) days of such determination appeal to the District Court. In the event there is no appeal and the dog or dogs that has been declared to be vicious is not removed from the City of Lane, any law enforcement officer, city marshal, dog catcher, or public health officer of the City of Lane or any agent thereof, may impound the dog and remove the dog or dogs from the City of Lane and destroy the same after notice to the owner, harborer or keeper of the dog.
In the event that any law enforcement officer, city marshal, dog catcher, public health officer of the City or any agent thereof, has probable cause to believe that the dog in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, any law enforcement officer, city marshal, dog catcher, public health officer of the City or any agent thereof may seize and impound the dog pending the aforesaid hearing. The owner, harborer or keeper of the dog shall be liable to the City where the dog is impounded for the costs and expenses of picking up said animal and keeping such animal. The cost of picking up said animal shall be Sixty Dollars ($60.00) with an additional fee of Seven Dollars ($7.00) per day for keeping said animal plus court costs.
(Ord. 92; Ord. 92A; Ord. 98; Code 2022)
Any person, firm, corporation, organization or department convicted of violating any of the provisions of Section One shall be deemed guilty of a misdemeanor and punished by a fine of not less than Two Hundred Dollars ($200.00), but no more than Five Hundred Dollars ($500.00).
If any vicious dog shall, when unprovoked, kill, wound or assist in killing any animal, the owner, harborer or keeper of said dog shall pay a Two Hundred Fifty dollar ($250.00) fine and any law enforcement officer, City Marshall, Dog Catcher, or Public Health Officer of the City is empowered to confiscate and, after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said vicious dog.
If any vicious dog shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the owner, harborer or keeper of said dog shall be punished by a fine of Five Hundred Dollar ($500.00) or less, or by imprisonment for not more than one (1) year, or by both fine and imprisonment and any law enforcement officer, City Marshall, Dog Catcher, or Public Health Officer of the City is empowered to confiscate and, after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said vicious dog.
If the owner, harborer or keeper of a dog impounded for an alleged violation shall believe that there shall not have been a violation of this article, such owner, harborer or keeper may petition the Municipal Court, praying that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending resolution of such owner’s, harborer’s or keeper’s petition if the petition shall have been filed within five (5) days of the impoundment of such dog and notice shall have been served within five (5) days of the impoundment of such dog upon any law enforcement officer, City Marshall, Dog Catcher, or Public Health Officer of the City. The hearing shall be conducted within seven (7) days from service of the notice. The dog shall remain impounded pending the appeal. The decision of the Municipal Court shall be final and conclusive upon all the parties thereto. However, any law enforcement officer, City Marshall, Dog Catcher, or Public Health Officer of the City shall have the right to declare a dog to be vicious for any actions of the dog subsequent to the date of the violation. If the court shall find that there shall not have been a violation, such dog may be released to the custody of the owner, harborer or keeper upon payment to the City of the expense of keeping such dog.
(Ord. 92; Code 2022)
It shall be unlawful for the owner, keeper or harborer or any person having the care, custody or control of any dog to permit such dog to run at large within the city or to trespass upon the private grounds of any person except the owner, harborer or keeper.
(Ord. 92; Code 2022)
Any person convicted of violating any of the provisions of Section Five shall be deemed guilty of a misdemeanor and punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00).
(Ord. 92; Code 2022)
It shall be unlawful for the owner, caretaker, keeper or harborer of any dog to carelessly, willfully or maliciously permit any dog to cause a disturbance of the peace or to permit such dog to howl or bark so as to constitute a nuisance.
(Ord. 92; Code 2022)
Any person convicted of violating any provision of Section Seven - Noisy Dogs shall be deemed guilty of a misdemeanor and punished by a fine of not less than Twenty-Five Dollars ($25.00) nor more than Fifty Dollars ($50.00).
(Ord. 92; Code 2022)
That any dog found running at large in violation of section 2-105, or any dog in violation of section 2-107 shall be picked up or taken up by any law enforcement officer, City Marshall, Dog catcher, or Public Health Officer of the City or by any other person duly appointed employed for that purpose by the City of Lane, Kansas and shall be impounded in a place provided for that purpose by the City and such person shall make a record or cause a record to be made of all dogs so impounded with their description and date of impounding. If the owner of such dog can be ascertained when any dog is impounded, the owner shall be notified. Failure to ascertain the ownership or to notify the owner of such dog shall not constitute a violation of any of the procedures with respect to the disposal of any unclaimed dogs. If within Seventy-two (72) hours from the date any such dog is impounded, the owner of the dog shall appear and claim his dog and shall pay the City of Lane the sum of Ten Dollars ($10.00) to pay for the cost of picking up the animal and an additional sum of Seven Dollars ($7.00) for each day the dog is impounded, then such dog shall return to such owner, provided, however, that the claiming of any such dog shall be prima facie evidence of the violation by such owner of this article and if any dog so impounded is not claimed by the owner thereof within Seventy-two (72) hours of the date of such impounding, any law enforcement officer, City Marshall, Dog Catcher, Public Health Officer of the City, or any other person or entity duly appointed and engaged for that purpose by the City of Lane, Kansas shall cause any such dog to be disposed of by sale, destruction or delivery to the Humane Society.
(Ord. 92; Code 2022)
It shall be unlawful for any person to own, keep or harbor any dog over six (6) months of age within the corporate limits of the city of Lane, Kansas without first having obtained a license hereof.
(a) 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) 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.
(c) The provisions of this section 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 dog shall be kept under restraint by the owner, keeper or harborer thereof at all times.
(Ord. 92; Ord. 92A; Code 2022)
Any person making application for a license for a dog shall be required to exhibit to the City Clerk at the time of making such application a certificate issued by a licensed veterinarian showing that such dog has been vaccinated or inoculated with a recognized anti-rabies vaccine and showing that the inoculation so administered to such dog will be effective for the entire period of time for which such license is issued.
(Ord. 92; Code 2022)
Any person, firm or corporation owning, keeping or harboring any dog or dogs over six (6) months of age in the corporate limits of the City of Lane, Kansas shall pay an annual license fee as follows:
(a) Five Dollars ($5.00) for each male or spayed female dog provided that any person registering and paying the license fee for a spayed female dog shall, at the time of registration and payment of said fee, present to the City Clerk a certificate from a licensed veterinarian showing that such female dog has been spayed.
(b) Seven Dollars ($7.00) for each unspayed female dog.
(c) The City shall issue to the owner a metallic tag for each dog licensed. The license tag shall have stamped thereon the year for which the same is issued and license number of such dog. Each owner shall be required to provide each dog with a collar to which the license tag must be affixed and shall be responsible for such dog. Dog licenses and cags shall not be transferable from one dog to another and no refunds shall be made on the license. Be it further provided that tags shall be issued only for the fiscal year or any portion thereof and the license shall be procured for any animal in any year forthwith upon being brought within the City limits, or, upon sustaining the age of six (6) months. The full amount of the license tags shall be required regardless of the time of year application is made.
(d) The fiscal year for licensing of dogs in the City of Lane shall be from June 1st through May 31st of the following year.
(e) Lost Tag. When it shall be made to appear to the City Clerk that any tag has become lost, the Clerk shall, upon presentation of the certificate issue another tag for a fee of Three Dollars ($3.00).
(Ord. 92; Ord. 98; Code 2022)
Any person convicted of violating any provision of sections 2-110:112 shall, upon conviction thereof, be fined a sum not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00).
(Ord. 92; Code 2022)