Columbus, Kansas

Sec. 6-1. – Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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Cattery means a place of business where cats are sold, bred, raised or kept for the purpose of resale, training or teaching, and which business is done commercially and for profit, or as a hobby; provided, however, that this section shall not apply to any kennel where not more than two cats and their litters are kept during any licensing year.

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Kennel means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or the ability to board five or more dogs in one location.

Sec. 6-25. – Release of animals for adoption.

(a) No animal may be released for adoption from the city animal shelter, unless the following conditions are met:

(1) An adoption fee of $10.00 is paid to the city for such adoption; and

(2) The animal has been first surgically spayed or neutered; or

(3) If such dog or cat has not been spayed or neutered, then the adopting party signs an agreement to have the dog or cat spayed or neutered and deposits with the city animal shelter $50.00 to ensure that the dog or cat will be sterilized.

(b) Funds deposited pursuant to an agreement under subsection (a)(3) of this section shall be refunded to the adopting party upon presentation of a written statement signed by a licensed veterinarian that the adopted dog or cat has been spayed or neutered. The refund shall only be made if the animal was spayed or neutered within 30 days of the date the deposit was made or, in the case of adoption of animals under six months of age, within 30 days of the animal becoming six months of age.

(c) No person shall spay or neuter any dog or cat for or on behalf of the city animal shelter unless the person is a licensed veterinarian. The city animal shelter shall not designate the veterinarian which a person must use, or a list from which a person must select a veterinarian, to spay or neuter a dog or cat adopted by the person from the city animal shelter and the city animal shelter shall not in any way penalize a person for the person’s selection of a veterinarian to spay or neuter a dog or cat adopted from the city animal shelter.

Sec. 6-57. – Disposition of unclaimed dogs.

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

(1) The 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 the person upon presentation of a written statement signed by a licensed veterinarian that the dog has been spayed or neutered. If the 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.

Sec. 6-154. – Confinement of dogs or cats in heat.

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 purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any the 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.

Sec. 6-157. – Kennel and cattery licenses.

(a) No person shall operate a dog kennel or cattery commercially, for profit, or as a hobby within the city unless the person shall have first obtained from the city clerk, a license under this section. Kennel or cattery licenses must be renewed annually.

(b) No kennel or cattery license shall be issued until an inspection certificate has been issued by the animal control officer certifying approval of the kennel or cattery and compliance with the applicable state and city laws and a certificate by the enforcement officer has been issued certifying that the applicant for the kennel or cattery license is not violating laws of the city.

(c) If the city clerk has not received any protest against the kennel or cattery, the city clerk may issue a renewal of an existing kennel or cattery license at the same location without any report from the animal control officer or enforcement officer.

(d) If the animal control officer or the enforcement officer finds that the holder of any kennel or cattery license is violating any law, or any other state law, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he shall report such fact to the city clerk, and the license shall not be renewed except after a public hearing before the city council.

(e) The animal control officer or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel or cattery shall constitute consent to such entry and inspection.

(f) The city council may suspend or revoke a kennel or cattery if, pursuant to a public hearing, it finds any of the following:

(1) The kennel or cattery is maintained in violation of any applicable state law, or law of the city.

(2) The kennel or cattery is maintained so as to be a public nuisance.

(3) The kennel or cattery is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(g) The annual kennel or cattery license fee shall be $50.00 for a maximum of five dogs or five cats and $5.00 per year for each additional dog or cat, but no fee will be charged for dogs or cats less than three months old. Payment of the license fee is in addition to, and not in lieu of, the dog and cat license fees otherwise required under this article.

(h) This section shall not apply to and will not be construed to require a kennel or cattery license for a licensed veterinarian to operate an animal hospital.