City of Sabetha

Rules, Regulations and Ordinances
2-115. VICIOUS ANIMALS.
(a) Prohibited: It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city.
Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of
the animal control officer. If the animal presents a clear and present danger to the public health or safety, it shall
be the duty of the animal control officer or his or her agent to impound such animal.
(b) Defined: For purposes of this chapter a vicious animal shall include:
(1) Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to
otherwise endanger the safety of human beings or domestic animals: or
(2) Any animal which attacks a human being or domestic animal without provocation;
(3) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting;
(4) Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to
provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of
official duty;
(5)  Any Pit Bull Dog.  Pit bull dog is defined to mean:
(A) The bull terrier breed of dog;         
(B) Staffordshire bull terrier breed of dog;
(C) The American Pit bull terrier breed of dog;
(D) The American Staffordshire terrier breed of dog;
(E) Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls,
pit bull dogs or pit bull terriers;
(F) Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier,
Staffordshire bull terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a
combination of any of these breeds.
(c) Complaint: Whenever a sworn complaint is filed in the municipal court against the owner of an animal alleging
that such animal is vicious and in violation of this section, the municipal judge shall hold a hearing to determine
whether or not the animal is vicious within the meaning of this section and thereby in violation of this section. The
owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the
hearing. In making a determination, the municipal judge shall consider the following:
(1) The seriousness of the attack or bite;
(2) Past history of attacks or bites;
(3) Likelihood of attacks or bites in the future;
(4) The condition and circumstances under which the animal is kept or
(5) Other factors which may reasonably relate to the determination of whether or not the animal is vicious.

The municipal judge shall order the impoundment, the muzzling in accordance with subsection (d) and/or the
confinement of the animal accused of being in violation of this section in a manner and location that will insure
that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment,
muzzling or otherwise safe confinement is not possible or, if prior court orders to restrain such animal have gone
unheeded, the municipal judge may order the animal immediately destroyed.
(d) Vicious Dogs to be Muzzled: It shall be the duty of every owner, keeper or harborer of any dog in the city,
which dog is vicious or has been known to bite, chase, or run after any person or animal in the streets, alleys, or
any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely
fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination
has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring
any dog within the city limits contrary to this section shall be guilty of a violation of this code.
(e) Immediate Destruction: Nothing in this chapter shall be construed to prevent the animal control officer or any
law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or
members of the public from injury or danger, including immediate destruction of any vicious animal without notice
to the owner.
(f) Release of;  If a complaint has been filed in the municipal court against the owner of an impounded animal for
a charge under this section, the animal shall not be released except on the order of the municipal judge, who
may also direct the owner to pay all impounding fees in addition to any penalties
for violation of this chapter. The municipal judge may, upon making a finding that an animal is vicious or that it
represents a clear and present danger to the citizens or to other animals in the community, order the animal to
be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the
animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees
and fines which may result from a violation of this section. (Code 1986)

2-116. RUNNING AT LARGE. It shall be unlawful for any person to willfully allow any animal or fowl under his or
her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as
provided in section 2-117 or 2-207 (dogs). (Code 1986)

2-117. IMPOUNDMENT; FEE; NOTICE; RECORD.
(a) The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the
city or constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided
or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and
shall notify the owner thereof of such impoundment as soon as reasonably possible.
(b) The city shall be entitled to receive from such owner an impoundment fee of $25 plus the actual cost of
feeding and maintaining the animal while impounded.
(c) In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal control
officer or police 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 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.

2-118. REDEMPTION OF IMPOUNDED ANIMALS. At any time before the sale or destruction of any animal
impounded under the provisions of this article, except for animals impounded under sections 2-115 (vicious) and
2-119 (rabid), the owner thereof may redeem the animal by paying the animal control officer or any person in
charge, the impounding fee and all costs incurred as a result of such impoundment. (Code 1986)
2-119. IMPOUNDMENT OF RABIES SUSPECTS.
(a) Any law enforcement officer or local health officer may take up, upon private or public property, any animal
which has bitten or scratched a person or other animal and impound the animal in the city pound, securely
penned and separated from other animals, or in a veterinary hospital or animal care facility for a period of not
more than 30 days during which time the local health officer shall determine whether or not such animal is
suffering from a disease and, if not, the local health officer shall authorize the release of the animal upon
payment by the owner of the boarding fee therefore. The health officer may authorize the keeping of any such
animal on the owner's premises if the owner produces a rabies vaccination certificate showing that the animal
has valid rabies vaccination protection. Impoundment costs shall be borne by the owner. If in the opinion of the
local health officer symptoms develop justifying a microscopic examination, then the animal shall be killed and
examination made by the state board of health.
(b) In lieu of the provisions of subsection (a), the owner of any such animal may, at his or her own expense, take
such animal to any duly qualified and licensed veterinarian in the city for observation. Such veterinarian shall
report his or her findings in writing to the local health officer. If in the opinion of such veterinarian a microscopic
examination is justified, then the animal shall be turned over to the animal control officer or any law enforcement
officer to be killed and examination made by the state board of health.

2-201. REGISTRATION AND VACCINATION REQUIRED; FEE.
(a) Every owner of any dog over four 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 owned and kept within the city. It shall be unlawful
for the owner of any newly acquired dog or any dog brought into the city to fail to register such animal within 30
days from acquisition or bringing the dog into the city. It shall be unlawful for the owner of any previously
registered dog to fail to maintain current registration of such dog.
(b) Upon registration, the owner shall present a current, completed certificate of immunization against rabies
within two years from the date of registration. No registration shall follow without evidence of this document, and
it shall be unlawful for the owner of any dog over six months of age to fail to maintain effective rabies
immunization of such dog.
(c) The owner or harborer of any dog shall, at the time of registering such dog, present to the city clerk a
certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been
spayed, if the dog has been neutered or spayed.
(d) The city clerk shall collect an annual registration fee of $3 for each male dog and for each spayed female
dog, and $5 for each unspayed female dog.
(e) The registration year shall be from January 1st through December 31st of each year. The fee shall be
payable before March 1st of each year without penalty.

Registration fees as enumerated above may be prorated for newly acquired dogs or for dogs owned by a person
or persons moving to and establishing a home in the city during a calendar year. Every owner or harborer of dog
or dogs who shall fail to register the same prior to the 1st day of March of each year shall pay in addition to the
registration fee herein provided a penalty fee for late registration of $3. (Code 1964, 2-201; Code 1986)

2-202. DOG TAGS. 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, 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 a certificate in writing, stating
that the person has registered the dog and the number by which the dog is registered, and shall also deliver to
the owner or keeper of the dog 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 so registered. When any tag has
become lost during a registration period, the owner of the dog 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 $1 fee. It shall be unlawful for any person to take off or
remove the city registration tag from any dog belonging to another, or remove the strap or collar on which the
same is fastened. (Code 1964, 2-202; Code 1986)
2-203. SAME; COUNTERFEIT TAG. It shall be unlawful for any person to place on any dog a tag issued for any
other dog or to make or use any false, forged or counterfeited tag or imitation thereof. (Code 1964, 2-212; Code
1986)
2-204. EVIDENCE OF VACCINATION. It shall be unlawful for the owner of any dog kept within the city to fail to
display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the
vaccination of such dog within two years, when requested by the animal control officer or any law enforcement
officer.  (Code 1964, 2-203; Code 1986)
2-205. VISITING DOGS. The provisions of this article with respect to registration shall not apply to any dog
owned by any person visiting or temporarily remaining within the city for less than 30 days.  However, such dogs
shall be kept under restraint by the owner thereof at all times. (Code 1986)

2-206. RUNNING AT LARGE; FINE.
(a) It shall be unlawful for the owner or harborer of any dog to permit such dog to run at large within the city at
anytime;
(b) Any dog running at large within the city shall be impounded as set out in section 2-207;
(c) The owner of any dog impounded for running at large without the tag required by section 2-202 shall, for the
first offense, pay a fine of $10 plus the board bill;
(d) For the first offense of an animal running at large with a tag as required by section 2-202, the owner or
harborer claiming any animal, shall, in addition to presenting a registration receipt, pay the cost of the board bill.  
For a second offense, the owner or harborer shall pay a fine of $20 plus the board bill. For a third and all
subsequent offenses, the owner or harborer shall pay a fine of $30 plus the cost of the board bill. (Code 1986)

2-207. IMPOUNDMENT; RECORD; NOTICE; REDEMPTION; MINIMUM FEE.
(a) Any dog found in violation of the provisions of this article shall be subject to impoundment by the city.
(b) A record of all dogs 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 impounded has a current registration tag attached to its collar or if the impounding officer knows
the identity of the dog's owner, the owner of such dog, 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 is disposed of by destruction or sale. If, at the
end of four days the city clerk has been unable to locate the owner, or the owner, upon having been located,
refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.
(d) If the dog impounded has no current registration tag and the identity of the animal's owner is unknown to the
animal control officer or the impounding law enforcement 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 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, then the dog may be sold,
euthanized or otherwise disposed of.
(e) If at any time before the sale or destruction of any dog impounded under the provisions of this article, the
owner of an impounded dog does appear and redeem the dog, 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 alleged as
being vicious under section 2-115 or suspected of rabies under section 2-119 of this code.
(f) The minimum impoundment fee shall be $25.
(g) Any dog impounded may not be released without a current rabies vaccination.
(h) Impoundment hereunder 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 thereto nor shall impoundment be a
defense in any prosecution commenced hereunder.
(i) The redemption of any dog 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. (Ord. 1281, Sec. 4; Code 1996)

2-208. DISPOSITION OF UNCLAIMED DOGS. If any dog is not redeemed by its owner or harborer within the
time allowed for redemption as specified in section 2-207 thereof, the animal control officer, any authorized law
enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog
or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year.
(Ord. 1281, Sec. 5)
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 nuisances, 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. (Code 1986)
2-210. MUZZLING. Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants
of the city, he or she shall issue an order requiring all dogs kept within the city to be effectively muzzled for such
length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such
order shall be published in the official newspaper of the city for such period of time as the mayor may deem
necessary. (Code 1986)

                                                     ARTICLE 3. OTHER ANIMALS


2-301. EXOTIC ANIMALS.
(a) It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or
under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any
vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.
(b) It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her
control within the city any of the following animals:
(1) All poisonous animals including rear fang snakes.
(2) Apes: Chimpanzees; gibbons, gorillas, orangutans; and saimangs.
(3) Baboons.
(4) Badgers.
(5) Bears.
(6) Bison.
(7) Bobcats.
(8) Cheetahs.
(9) Crocadilians, 30 inches in length or more.
(10) Constrictor snakes, six feet in length or more.
(11)Coyotes.
(12)Deer; includes all members of the deer family, for example, white tailed deer, elk, antelope and moose.
(13)Elephants.
(14)Game cocks and other fighting birds.
(15)Hippopotami.
(16)Hyenas.
(17)Jaguars.
(18)Leopards.
(19)Lions.
(20)Lynxes.
(21)Monkeys.
(22)Ostriches.
(23)Pumas; also known as cougars, mountain lions and panthers.
(24)Raccoons.
(25)Rhinoceroses.
(26)Skunks.
(27)Tigers.
(28)Wolves.
(c) The prohibitions of this section shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational
institutions, or medical institutions, if:
(1) Their location conforms to the provisions of the zoning ordinance of the city.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate
objections odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(d) The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or
removed from the city. (Code 1986)
2-115. VICIOUS ANIMALS.
2-116. RUNNING AT LARGE
.
2-117. IMPOUNDMENT; FEE; NOTICE; RECORD
2-118. REDEMPTION OF IMPOUNDED ANIMALS.
2-201. REGISTRATION AND VACCINATION REQUIRED; FEE
2-202. DOG TAGS.
2-203. SAME; COUNTERFEIT TAG
2-204. EVIDENCE OF VACCINATION
2-206. RUNNING AT LARGE; FINE.
2-207. IMPOUNDMENT; RECORD; NOTICE; REDEMPTION; MINIMUM FEE
2-208. DISPOSITION OF UNCLAIMED DOGS
.
2-301. EXOTIC ANIMALS.