Hill City, Kansas

§ 2-123 KENNEL LICENSES.

(a)   No person or household shall own or harbor more than three dogs of six months of age or older or more than one litter of pups 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 issued by the Animal Control Officer certifying approval of the kennel and compliance with the applicable laws of the city and the state, 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 any 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, 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 governing body.

(c)   The Animal Control Officer, the Zoning Enforcement 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 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 or of the city;

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

(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 set by the governing body. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this chapter.

(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.

§ 2-208 DISPOSITION OF UNCLAIMED DOGS.

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

(1)   Such 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 under such an agreement shall be refunded to such person upon presentation of a written statement signed by a licensed veterinarian that the dog has been spayed or neutered. If such 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.

§ 2-209 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.