CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. DOGS AND CATS

(a)   Every owner of any dog or cat over three 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 so 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 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 dog or cat.

(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 three 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 dog or cat has been neutered or spayed.

(d)   The city clerk shall collect an annual registration fee for each dog or cat.  However, if the owner of the dog or cat provides proof that the dog or cat has been neutered or spayed, the licensing fee may be reduced. The owner of the neutered or spayed dog or cat shall register the dog or cat with the city annually. 

(e)   The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before the 31st Day of March of each year without penalty. Every owner or harborer of a dog or cat who shall fail to register the same prior to the 31st Day of March of each year shall pay a penalty fee for late registration in addition to the registration fee herein provided.  The registration deadlines referenced above may be extended for newly acquired dogs or cats, or for dogs or cats owned by a person or persons establishing residence in Hoisington during the registration year if the owner registers the animal(s) within 30 days of acquisition or relocation.

(f)   All registration fees and charges defined in this section are subject to change and will be reviewed at least once annually by a resolution titled “A RESOLUTION CONCERNING SERVICE, LICENSE AND PERMIT FEES WITHIN THE CORPORATE LIMITS AND SERVICE AREA OF THE CITY OF HOISINGTON”

(Ord. 1434; Code 2012; Ord. 1481; Ord. 1489; Ord. 1520)

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 therefore, and shall deliver to the owner of 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 fee set by resolution of the city. 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. 1434; Code 2012; Res. 15-2013)

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.

(Ord. 1434; Code 2012)

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 one year, when requested by the animal control officer or any law enforcement officer.

(Ord. 1434; Ord. 1463)

The provisions of this article with respect to registration 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 dog or cat shall be kept under restraint by the owner thereof at all times.

(Ord. 1434; Code 2012)

(a)   It shall be unlawful for the owner or harborer of any dog or cat under his/her control to permit or allow it/them to be or run at large within the city at any time;

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

(c)   The owner of any dog or cat impounded for running at large shall, for the first offense, pay a fine of $50.00 plus the board bill, provide proof of current registration and pay any other related costs; and for the second and any subsequent offense, pay a fine of $100.00 plus the board bill and related costs.  If a non-neutered animal is impounded for being at large for a second time within a twelve-month period, the owner shall be required to have their animal neutered before it is released.

(d)   All fees and charges defined in this section are subject to change and will be reviewed at least once annually by a resolution titled “A RESOLUTION CONCERNING SERVICE, LICENSE AND PERMIT FEES WITHIN THE CORPORATE LIMITS AND SERVICE AREA OF THE CITY OF HOISINGTON”

(Ord. 1434; Code 2012; Ord. 1481; Ord. 1489)

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

(b)   A record of any dogs and cats impounded shall be kept by the city containing the following information: color, sex, weight, height, identifying marks, registration number and the date of impoundment.

(c)   No dog or cat impounded under this section 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 or cat 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 or cat impounded by such facility if the owner or custodian is known or reasonably ascertainable. Such dog or cat may at any time be released to the legal owner or moved to a veterinary hospital for treatment or observation if such dog or cat was a gift to the animal shelter. Said dog or cat may be euthanized by a licensed veterinarian if it appears to the veterinarian that the dog or cat is diseased or disabled beyond recovery. If within three full business days the owner does not appear to claim the dog or cat, then the dog or cat may be sold, euthanized or otherwise disposed of.

(d)   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 costs of impoundment. This shall not apply to any dog alleged as being vicious under section 2-115, or dog or cat suspected of rabies under section 2-119 of this code.

(e)   Any dog or cat impounded may not be released without a current rabies vaccination.

(f)   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.

(g)   The redemption of any dog or cat impounded for a violation of any provision of this article shall be prima facie evidence of the violation of such provision by the person redeeming the dog or cat.

(Ord. 1434; Code 2012; Ord. 1481)

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

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

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

(2)   The prospective owner signs an agreement to have the dog or cat 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 or cat has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the dog or cat, the city shall keep the deposit and may reclaim the unspayed or unneutered dog or cat.

(c)   Nothing in this section shall be construed to require sterilization of a dog or cat 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. 1434; Code 2012; Ord. 1481)

Any unspayed 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, and the area of enclosure shall be so constructed that no other dog or cat may gain voluntary access to the confined animal except for 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 neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as 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. 1434; Code 2012; Ord. 1481)

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 an order shall be published in the official newspaper of the city for such period of time as the mayor may deem necessary.

(Ord. 1434; Code 2012)

(a)   Any dog, cat, or other animal shall not be confined in such a manner as to interfere with the ability of the employees of the City of Hoisington to read utility meters or to affect trash pick-up. Any owner or harborer of an animal that is confined in such a manner that the animal interferes with the ability of the City of Hoisington to perform their duties as set forth above shall be first notified by the city that the animal is confined in such a manner. If after notification, the animal is still confined in such a way as to interfere with city employees' ability to perform their duties, then the owner or harborer of the animal may be cited for violation of this provision.

(b)   The penalty for violation of this provision shall be a fine of $50.00 for the first offense; $100.00 for the second offense; and a fine of $200.00 for the third and any subsequent offense.

(Ord. 1434; Code 2012)