CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 2. Dogs and Cats

(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.

(b)   Upon registration, the animal’s 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 six months of age to fail to maintain effective rabies immunization of such dog or cat.

(c)   Upon registration, the City Clerk shall collect an annual registration fee as defined in the Fee Schedule Resolution.

(d)   The registration shall be valid for one year from the date of registration; provided that, vaccination may not be required if the owner of such dog or cat shall exhibit a statement from a veterinarian certifying that such vaccination would be injurious to such dog or cat due to its health.

(Ord. 1714, Sec. 1; Code 2010; Ord. 2225)

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 herein before required, to keep in a book suitable for the registration of dogs or cats, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefor, and shall deliver to the owner or 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 $2.00 fee. It shall be unlawful for any person to take off or remove the City registration tag from any dog or cat belonging to another or remove the strap or collar on which the same is fastened.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

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. 1467, Sec. 1; Code 1991; Ord. 2225)

It shall be unlawful for the owner of any dog or cat kept within the city to fail to present a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog or cat, when requested by the animal control officer or any public safety officer.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

(a)   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 Augusta for less than 30 days. However, such dogs or cats shall be always kept under restraint by the owner thereof.

(b)   License fees shall not be required for seeing eye dogs or governmental public safety dogs.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

(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 all dogs or cats impounded shall be kept by the City containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment.

(c)   If the dog or cat impounded has a current registration tag attached to its collar or if the impounding officer knows the identity of the dog or cat’s owner, the owner of such dog or cat, as shown by the records of the City Clerk shall be notified in writing as soon as possible or at least 24 hours before such dog or cat is disposed of by destruction or sale. If, at the end of five days the City Clerk has been unable to locate the owner, or the owner, upon having been located, refuses to claim, or redeem said the dog or cat, then the dog or cat may be adopted, humanely euthanized, or otherwise disposed of.

(d)   If the dog or cat impounded has no current registration tag and the identity of the animal’s owner is unknown to the animal control officer or the impounding public safety officer then such impounding officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice on a social media platform and City website stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code. If within three full business days the owner does not appear to claim the dog or cat, then the dog or cat may be adopted, humanely euthanized, or otherwise disposed of.

(e)   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, and upon compliance with the registration provisions of this article. This subsection shall not apply to any dog or cat alleged as being vicious under section 2-113 or suspected of rabies under section 2-117 of this code.

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

(g)   Impoundment 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.

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

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

(a)   Any unclaimed dog or cat may be humanely euthanized. If any dog or cat is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-206 thereof, the animal control officer, any authorized public safety officer, any authorized veterinarian, or any duly authorized pound personnel may euthanize such dog or cat, or it may be adopted (fee applicable).

(b)   Adoption of Unclaimed Dogs or Cats. Any person who desires to adopt an animal remaining unclaimed after the three-day holding period shall pay the adoption fee, and in addition shall comply with section 2-201, concerning obtaining a current license for the adopted animal.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

Any unspayed female dog or cat in the stage of estrus (heat) shall be confined during such period in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or cat or dogs or cats 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.

(Ord. 1467, Sec. 1; Code 1991; Ord. 2225)

It shall be the duty of the public safety officers of the City, or the animal control officer or designated agent, to take into custody and impound all dogs or cats found in the city, not provided with, or wearing a current license tag or other approved identification, as provided in section 2-201 of this article.

(a)   Exception: feral/community cats displaying a tipped left ear.

(Ord. 1714, Sec. 2; Code 2010; Ord. 2225)

Within the city limits of Augusta, Kansas, each household is allowed to maintain no more than four dogs, four cats, or no more than a combination of four dogs and cats, of the age of six months or older.

(Code 2010; Ord. 2225)

In order to control, stabilize, and ultimately reduce the population of feral cats within the city and to protect animals and citizens against the spread of rabies, the City recognizes TNVR for feral/ community cats.

(a)   Citizens interested in caring for a feral cat colony may apply with the City to serve in such capacity so long as they agree to comply with the following responsibilities: 

(1)   Work with animal control officer as needed to maintain a healthy colony;

(2)   Agree to spay/neuter, vaccinate, and ear tip all cats within the colony and under his/her care; and

(3)   Assist in the resolution of any complaint over the conduct of cats within colony.

(4)   Caretakers will not be penalized under any provision of this ordinance for providing food, water, shelter, and other care to feral/community cats.

(b)   Feral/Community Cat Assistance and Enforcement – the City retains the right to:

(1)   Seize or remove cats from a colony that have not been vaccinated or that demonstrate signs of disease.

(2)   Seize or remove cats from a colony that is creating a nuisance, if after a 15-day warning period to the colony caretaker, appropriate action to resolve the issue has not been accomplished.

(3)   Regulate the size of the colony.

(4)   Animal control or a public safety officer is authorized to release at the point of capture any feral cat exhibiting the designated ear tip.

(5)   The registration/tag requirement shall not apply to ear-tipped feral cats.

(Ord. 2225)