Herington, Kansas

Sec. 2-201. – Dogs, cats, and domestic animals registration; vaccination; tax.

It shall be the responsibility of every owner, keeper or person maintaining a dog, cat, or domestic animal to see that the animal in question is properly registered through the City of Herington. The following requirements are applicable to owners of dogs, cats, and domestic animals within the city:

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(3) The owner or harborer of any dog, cat, or domestic animal shall, at the time of applying for a license, present to the City Clerk a certificate from an accredited veterinarian showing that a male has been neutered or a female has been spayed.

(4) The City Clerk shall collect an annual tax of $5.00 for each neutered male and for each spayed female, and $10.00 for each un-neutered male and for each un-spayed female.

Sec. 2-204. – Running at large.

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

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(e) In addition to the fines outlined herein, the owner or harborer of any dog, cat, or domestic animal impounded for running at large which has not been spayed or neutered, shall, pay an additional fine of $50.00.

Sec. 2-206. – Kennel licenses.

(a) No person or household shall own or harbor more than four dogs of six months of age or older or more than one litter of pups, or more than four cats of more than six months of age or more than one litter of kittens or more than a total of five dogs and cats more than six months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training, or boarding cats or dogs or both cats and dogs without having obtained a kennel license from the City Clerk.

(b) Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been given by the Animal Control Officer certifying approval of the kennel and compliance with the applicable laws of the city and State of Kansas, and a certificate by the Zoning Code Enforcement Officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the City Clerk has not received a protest against the kennel, the City Clerk may issue a renewal of an existing kennel license at the same location without any report from the Animal Control Officer and Zoning Code Enforcement Officer. If the Animal Control Officer or the Zoning Code Enforcement Officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, 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 or she shall report such fact to the City Clerk, and the license shall not be renewed except after a public hearing before the City Commission.

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

(d) The Governing Body may suspend or revoke a kennel license, if pursuant to a public hearing, it finds any of the following:

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

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

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

(e) The annual kennel license fee shall be $25.00. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this article.

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

Sec. 2-207. – Confinement of dogs in heat.

Any un-spayed 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 the 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 neighborhood nuisances, shall be removed to a boarding kennel, veterinary hospital, or the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of the animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement. Failure to comply with the order of the Animal Control Officer shall be a violation of this article, and the animal will then be impounded by this chapter.