Nickerson, Kansas

2-124. 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 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 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 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 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 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 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 $50. 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.

2-201. REGISTRATION AND VACCINATION REQUIRED; FEE.

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

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(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 of $5.00 for each dog or cat and $3.00 for each neutered male dog or cat and for each spayed female dog or cat.

2-208. DISPOSITION OF UNCLAIMED DOGS OR CATS.

(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.