Text Size

ORDINANCE NO. 203  

AN ORDINANCE RELATING TO DOGS; PROVIDING FOR THE IMPOUNDMENT OF DOGS RUNNING AT LARGE; PROHIBITING DOGS FROM COMMITTING NUISANCE OR DISTURBING THE PEACE; SETTING OUT REGULATIONS FOR DANGEROUS OR BITING DOGS; ESTABLISHING A CONFINEMENT REQUIREMENT; ESTABLISHING ANIMAL CONTROL OFFICERS AND PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; REPEALING OF ORDINANCE 196.  

Section 1. PREAMBLE  

(a) The purpose of this ordinance is to:  

    1. Provide a procedure to address dogs running at large within the City;
    2. To provide a procedure for the general public to complain about and ultimately prosecute keepers of dogs which disturb the peace and quiet, destroy property or are otherwise a nuisance;  

(b) This ordinance shall be enforced by the City of Ramona’s Animal Control Officers. Animal Control Officers shall have the authority and power to issue citations to any owner, keeper or harborer of any dog within the City limits.

(c) This ordinance is intended to create municipal infractions for violation of provisions following.  Each provision provides a specific penalty by fine and other lawful sanction as deemed appropriate by the Municipal Court.  Nothing in these penalty sections should limit the Municipal Court from ordering appropriate legal costs such as court costs, restitution and fees.  Further, nothing in this ordinance shall limit the Municipal Court from ordering that any dog found in violation of this ordinance should be placed in impoundment pending future order of the court.  

Section 2.  DOGS RUNNING AT LARGE.              

(a)  It shall be unlawful for the owner, keeper or harborer of any dog to allow such dog to run at large within the City at any time.  

(b) The owner or keeper of any dog cited for allowing a dog to run at large shall be guilty of a Class C violation, punishable by a fine as described below and/or imprisonment for a term of up to 30 days. 1st Offense: $50 2nd Offense: $100 3rd Offense: $150 4th Offense: $250 5th Offense: $500 If said dog destroys the property of another while running at large, the Municipal Judge may consider restitution as a dispositional option.    

(c) The number of prior offenses as referenced above refers to the owner of the dog found running at large and not the dog. Offenses shall be tracked as of January 1, 2014 for purposes of determining prior offenses and shall not be considered if such prior offense was older than five (5) years on the date of the current violation was found to have occurred. 

(d) The Judge of the Municipal Court may also, among other conditions or requirements, order the dog to be removed from the City limits or for the owner, keeper or harborer to be prohibited from owning, keeping or harboring a dog within the City limits if the Judge determines the owner, keeper or harborer is continuously, negligently or intentionally allowing his/her animal to run at large.  

Section 3.  DOGS COMMITTING DISTURBANCE OR NUISANCE   

(a) It shall be unlawful for the owner or keeper of any dog to allow such dog to disturb the peace and quiet by barking, howling or otherwise be a nuisance to others. Upon complaint by anyone so affected by dogs, the Animal Control Officer shall attempt to notify the owner or keeper thereof, and if after such notice or attempted notice such dog or dogs continue to disturb the peace or otherwise be a nuisance to other persons, then the owner or keeper shall be subject to a fine of not less than $10.00 and not more than $100.00, and other lawful sanction.  

Section 4.  HANDLING OF DOGS BITING PERSONS  

(a)  If any dog shall bite or tear the clothes of any person with its teeth, whether upon the premises of the owner or keeper or on any other premises, it shall be the right of the person so damaged, or any other person having information of same to make and file a complaint on oath with the Animal Control Officer alleging briefly the facts concerning the attack and description of the dog and the name of the keeper thereof. (See Section 5 below)    

(b)  It shall be unlawful for the keeper of any dog, or any person harboring any dog when notified that such dog has bitten any person or has so injured any persons to cause an abrasion of the skin, to sell or give away such dog for a period of thirty (30) days.  It shall be the duty of such keeper upon receiving notice of the character aforesaid to immediately place such dog in a licensed veterinarian hospital at keeper’s expense where such dog shall be confined for a period of not less than ten (10) days; and such keeper or person harboring such dog shall notify the City Clerk of the place of said dog and the date it was confined.  Failure to follow this section is unlawful and keepers found in violation shall be subject to a fine of not less than $50.00 nor more than $200.00 and other lawful sanction.  

Section 5. POTENTIALLY DANGEROUS DOGS; VICIOUS DOGS  

(a) “Potentially dangerous dog” means any of the following:

    1. Any dog which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury: (1) when the person and the dog are off the property of the owner or keeper of the dog; or (2) when the defensive action is required to be taken by a lawful licensee on the property of the owner or keeper of the dog, including but not limited to utility meter readers, mail carriers, police or emergency personnel.
    2. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 5(c).
    3. Any dog which, when unprovoked, has killed, seriously bitten, or otherwise caused injury by attacking a domestic animal off the property of the owner or keeper of the dog.

(b) “Vicious dog” means any of the following:

    1. Any dog which, when unprovoked, in an aggressive manner, inflicts serious injury on a human being or kills a domestic animal.
    2. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 5(a) or is maintained in violation of Section 6.

(c) “Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.  

(d) This section does not apply to animal control facilities, veterinarians or to dogs while utilized by any police department or any law enforcement officer in the performance of police work.            

(e) JUDICIAL PROCESS:  If an Animal Control Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the officer shall petition the Municipal Court for a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis supporting the finding of probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The officer shall notify the owner or keeper of the dog that a hearing will be held by the Municipal Court, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. If, after hearing, a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with Section 6 in accordance with a time schedule established in an order prepared by the Municipal Judge.  This order may be appealed pursuant to Kansas law.

(f) If upon investigation it is determined by the Animal Control Officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the officer may seize and impound the dog pending the hearings to be held pursuant to this article. The owner or keeper of the dog shall be liable to the City for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

(g) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.

(h) No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal, which at the time the injury or damage was sustained was at large or if the animal was the aggressor in causing the altercation.

Section 6. DISPOSITION OF POTENTIALLY DANGEROUS OR VICIOUS DOGS  

(a) All potentially dangerous dogs shall be properly licensed and vaccinated. The City Clerk shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the Municipal Judge has determined the designation applies to the dog.  

(b) A potentially dangerous dog shall at all times be subject to the standards contained in Section 6.              

(c) If there are no additional instances of the behavior described within a 36-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36-month period if the owner or keeper of the dog demonstrates to the Animal Control department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.  

(d) A dog determined to be a vicious dog, may be destroyed by the Animal Control Officer when it is found, after proceedings conducted under Section 5, that the release of the dog would create a significant threat to the public health, safety, and welfare.             

(e) If it is determined that a dog found to be vicious shall not be destroyed, the Municipal Judge shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare.

(f) The owner of a dog determined to be a vicious dog may be prohibited by the City or County from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted under Section 5 that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

Section 7. DOGS REQUIRED TO BE ENCLOSED OR LEASHED

All dogs must be kept confined indoors, unless on a leash or restrained in a well-constructed and maintained fenced enclosure. The fence shall be of sufficient height that the dog cannot jump or climb over it, and must be made of solid wood, metal or wire mesh strong enough to contain the dog. Such fence shall be constructed so that no opening is large enough to allow the dog to escape. Each gate must have a secure latch and be fastened whenever the dog is in the fenced area. Electronic fences are permitted, but they cannot allow the dog to come within fifteen (15) feet of the closest public sidewalk or street, and it used, the burden is on the keeper of the dog to demonstrate to a degree of reasonable certainty that the fence is an effective restraint of the dog.  

Section 8.  Ramona City Ordinance No.196 is hereby repealed and amended by this Ordinance.  

This ordinance shall be effective from date of its passage and upon one publication in the official city newspaper.   PASSED AND APPROVED by Ramona City Council this 9th day of October, 2017.                                                                                                                              

Signed by Byron Noeth - Mayor    

ATTEST:     Jessica Gilbert City Clerk           

Approved as to form: Brian Bina, City Attorney  

Ordinance No. 198

ORDINANCE REQUIRING REGISTRATION AND PROOF OF RABIES VACCINATION FOR DOGS IN THE CITY LIMITS; PROVIDING AND AUTHORIZING THE ASSESSMENT OF FINES FOR VIOLATIONS.

WHEREAS, it is in the interest of the health, safety and welfare of residents and all persons coming within the City of Ramona, Kansas, that all dogs in the City Limits shall be registered and provide proof of vaccination;

THEREFORE, be ordained by the governing body of the City of Ramona, Kansas;

  1. All dogs kept, harbored or maintained in the City shall be registered if they are over six (6) months of age. Registration shall be required within ten (10) days after January 1 of each year or within ten (10) days after the acquisition of the dog, or within ten (10) days after the dog becomes six (6) months old.
  2. If any person keeping, harboring or maintaining a dog fails, neglects or refuses to register the dog within ninety (90) days from the time required by this section, such owner shall be fined as follows and may be required to remove the dog from the City Limits.
  3. The registrant shall state, at the time of registration the applicant’s name and address, and the name, age, breed or predominant breed, color and sex of each dog owned, or kept by the registrant, and whether the dog has been spayed or neutered. The registrant shall also provide a veterinarian’s certificate demonstrating that the dog to be registered has a current vaccination for rabies.
  4. ENFORCEMENT: This ordinance shall be enforced by the City of Ramona’s Animal Control Officers. These officers shall have the authority and power to issue citations to any owner, person or occupant whom violated any provision of this Ordinance.
  5. PENALTIES: Any keeper, harborer or owner cited in violation of this ordinance shall within fourteen (14) days appear before the City clerk and either pay a fine equal to their respective offense number; or request a setting in front of the Municipal Judge.

i.)   A 1st Offense shall be punishable by a $100 fine.
ii.)  A 2nd Offense shall be punishable by a $150.00 fine and removal of the animal from the City Limits.

b.)  In addition to penalties, the Court may assess Court Costs on any case it deems appropriate.

c.)  Law Enforcement personnel may take possession of any animal that is not current with its vaccination record to a local veterinary practice to house the animal to ensure compliance with this Ordinance. All costs of said veterinary say shall be borne by the owner of the animal.

6.  All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance are hereby replaced and repealed.

7.  This ordinance shall be in full force and effect from and after its passage and one publication in the Marion County Record, the official city newspaper.

PASSED AND APPROVED by the governing body of the City of Ramona, Kansas, this 11th day of January, 2016.

Signed by Mayor Byron Noeth

Attested by Jessica Gilbert, City Clerk

Approved as to form by Brian L. Bina, City Attorney

City of Ramona

ORDINANCE NO. 197

Enacted:  March 2014

Last amended: June 8, 2015

AN ORDINANCE DECLARING THE ACCUMULATION OF GARBAGE, RUBBISH AND TRASH UPON PUBLIC OR PRIVATE PREMISES TO BE UNLAWFUL; REQUIRING GARBAGE, RUBBISH AND TRASH TO BE SECURELY FASTENED AND CONTAINED; PROVIDING AND AUTHORIZING THE ASSESSMENT OF FINES FOR VIOLATIONS; AND REPEALING AND REPLACING ORDINANCE NO. 169. 

WHEREAS, it is in the interest of the health, safety and welfare of residents and all persons coming within the City of Ramona, Kansas, that garbage, rubbish and trash be contained and disposed of; and

THEREFORE, be it ordained by the Governing Body of the City of Ramona, Kansas;

1.  DEFINITIONS: The following words when used in this ordinance, for the purpose of this ordinance, shall be interpreted in light of the following definitions:

a.  Commercial establishments shall include, among others, the operation of storage, mercantile, industrial, business, institutional, hotels, motels, and other establishments whose primary purpose is commercial and commonly designated as such, and the premises used for such purposes.

b.  Dwelling unit shall mean a building or structure whose primary purpose is used for single family or multi-family units to be used for living, sleeping, cooking and eating. 

c.  Person shall include any person, firm, partnership, association, corporation, LLC, governmental body or agency.

d.  Garbage shall mean putrescible animal and vegetable wastes resulting from the preparing, handling, cooking and consumption of food, food stuffs or food produce.

e.  Rubbish shall mean nonputrescible wastes consisting of miscellaneous materials including paper, tin cans, glass, fabrics, utensils, pliable cartons and boxes, excelsior, sweepings of dust and dirt.

f.  Trash shall mean and include all other putrescible and nonpetrescible wastes, except body wasters, and include among other things wood, non-pliable crating, barrels, shrubbery and tree trimmings, discarded furniture, bedding, tires, abandoned automobile bodies, junk, rocks, ashes, branches, leaves and other vegetation. Items described by this definition encompass all offal and materials not suitable for compression and processing by city sanitary equipment. Trash shall not include excavation materials or building materials. 

g.  Refuse shall mean and include garbage, rubbish and trash.

h.  Premises shall mean and include a lot, plot, parcel of land including buildings, structures and appurtenances thereon or connected thereto. 

2.  PROHIBITION OF CERTAIN ACTS AND CONDUCT WITHIN THE CITY LIMITS OF THE CITY OF RAMONA, KANSAS. 

a.  It shall be unlawful for any person to throw, place, deposit or allow to accumulate, leave or cause to be thrown, placed, deposited or left on any parking lot, street, sidewalk, gutter, alley, thoroughfare, park or other public grounds or city owned property, any trash, or refuse of any kind. Provided, however, that nothing shall prevent persons receiving permission from the City of Ramona, from encumbering streets or alleys with building materials or earth for the purpose of construction, remodeling, reconstruction or repairing of any building or structure, however, such persons shall remove such materials within ten (10) days of completion of said work and shall leave streets and alleys in the same condition prior to its use thereof. 

b.  Every person including the owner and occupant of any premises within the city limits of the City of Ramona, Kansas shall maintain his/her premises in a clean and sanitary manner free from unsightly and putrescible accumulations of trash, or refuse of any kind. 

c.  Every owner or occupant of any premises within the city limits of Ramona, Kansas shall dispose of all garbage and rubbish in a clean and sanitary manner by placing the same in a container with a lid that prevents moisture accumulation, deterioration, and rot; or allows refuse to escape said container through natural weather occurrences. Each container shall not exceed fifty-five (55) gallon capacity unless approved with the City of Ramona, Kansas. Each owner or occupant shall dispose of refuse on a monthly basis either through their own efforts or through use of M&K trash services. The intent of this provision is to prevent unsightly accumulation of refuse that leads to blight, nuisance and is in the interest of the health, safety and welfare of resident and visitors.

d.  It shall be unlawful for any person to collect and transport trash on city streets within the city limits of the City of Ramona, Kansas, in any vehicle unless such trash be securely fastened or contained to prevent scattering along streets, alleyways, thoroughfares and other public and private property. In the event any such trash shall fall upon adjacent property or city streets the transporter of such trash shall immediately pick up and remove the same. 

e.  It shall be unlawful to intentionally upset, turn over, remove or carry away any container owned by another or to mutilate or cause destruction to such containers used for storage of garbage, rubbish, trash or refuse.

3.  ENFORCEMENT: This ordinance shall be enforced by the City of Ramona’s Animal Control Officers. These officers shall have the authority and power to issue citations to any owner, person or occupant whom violates any provision of this Ordinance.

4.  PENALTIES: Any person, owner or occupant cited in violation of this ordinance shall within fourteen (14) days appear before the City Clerk and either pay a fine equal to their respective offense number; or request a setting in front of the Municipal Judge. 

i.  A 1st Offense shall be punishable by a $25.00 fine.

ii.  A 2nd Offense shall be punishable by a $50.00 fine.

iii.  A 3rd Offense shall be punishable by a $100.00 fine.

iv.  A 4th Offense shall be punishable by a $250.00 fine. 

v.  A 5th Offense shall be punishable by a $500.00 fine.

b.  In addition to penalties, the Court may assess Court Costs on any case it deems appropriate.

c.  Each day of failure to comply with any of the provisions herein provided for and each calendar day during which any violation herein provided for shall continue to exist shall constitute a separate violation.

5.  All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance are hereby replaced and repealed including but not limited to Ordinance No. 169. 

6.  This ordinance shall be in full force and effect from and after its passage and one publication in the Marion County Record, the official city newspaper. 

PASSED AND APPROVED by the Governing Body of the City of Ramona, Kansas, this 8th  day of  June, 2015. 

Byron Noeth, Mayor

Attest: Jessica Gilbert, City Clerk

Approved as to Form:

Signed by:
Brian L. Bina, City Attorney 

CHARTER ORDINANCE NO. 194


A CHARTER ORDINANCE EXEMPTING THE CITY OF RAMONA FROM THE PROVISIONS OF K.S.A. 66-1801 ET SEQ., THE KANSAS UNDERGROUND UTILITY DAMAGE PROTECTION ACT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINERD BY THE GOVERNING BODY OF THE CITY OF RAMONA:

Section 1. The City of Ramona, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects and does exempt itself and make inapplicable to it K,S,A, 66-1801 through K.S.A. 66-1816, the enactment known as the Kansas Underground Utility Damage Protection Act, which enactment applies to this city, but does not apply uniformly to all cities.

Section 2. All underground water and wastewater facilities installed after the date of this ordinance shall be locatable.

Section 3. Any excavator may, prior to excavating, call the city and request that the city locate any underground wastewater and water facilities.

Section 4. This charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 5. This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.

Passed by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, this 14th day of November, 2011.


                        __________________________________
                        Mayor Brendan Bailey



Attested by:
Jessica Gilbert, City Clerk

CITY OF RAMONA

Ordinance #192

Enacted: November 8, 2010

Amended: October 12, 2015

AN ORDINANCE TO PREVENT HEALTH AND SAFETY HAZARD, AND TO REDUCE NUISANCE AND BLIGHT WITHIN THE CITY, PROHIBITING THE KEEPING OF INOPERABLE OR JUNKED MOTOR VEHICLES WITHIN THE CITY, AND TO PROVIDE ENFORCEMENT PROVISIONS AND PENALTIES FOR THE VIOLATION OF SAID ORDINANCE.

Section 1: Findings of Governing Body.

The governing body of Ramona, KS, finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of the citizens of the city and present a blight to the town.

Section 2: Definitions

a. Vehicle means, without limitation, any automobile, truck, tractor or motorcycle, which, as originally built, contained an engine.

b. This ordinance does not apply to a motor vehicle, which is currently registered or tagged pursuant to K.S.A. 88-126 to 8-149 inclusive and operable or stored in a garage.

Section 3: Limits and Specifications of vehicles in City Limits of Ramona

a. Each property/household within city limits is limited to two (2) inoperable vehicles.

b. They are to be parked on private property (not in the city right of way). Vehicle cannot be an eyesore—meaning that all doors, windows, hoods, tires, must be in place. (Hood cannot remain up for longer than 24 hours, for immediate car care.)

c. The area around the vehicles must be maintained: No garbage or trash in the vehicle, no debris around the vehicle, area is to be mowed and weeds kept down.

d. The vehicle cannot be jacked up or on blocks except for immediate car care. (No longer than 24 hours). All four tires are to be on the vehicle.

Section 4: No Salvaging Operations are allowed within Ramona City Limits.

Section 5: Enforcement: The City Council will designate a member of council, the mayor, or any city employee to administer or enforce this ordinance.

a. They will inspect the premises upon receiving a complaint or observes that a nuisance exists.

b. Upon making any inquiry or inspection, the designated officer will make a written report of findings on a City of Ramona Complaint Form.

c. The City of Ramona will notify the property owner/renter/owner of the vehicle that they are not in compliance with this ordinance and have 10 days to comply.

Section 6: Penalty Provision, for noncompliance is an automatic fine plus costs and other lawful sanction including orders of contempt:

a. Any person found to be in violation of this ordinance is subject to payment of a fine of $100.00.

b. The penalty for a first repeat offense shall be a fine of not less than $250.

c. The penalty for any offense, which is a second repeat offense, or any subsequent repeat offense, shall be a fine of not less than $500.


PASSED AND APPROVED BY THE RAMONA CITY COUNCIL, AT RAMONA, MARION COUNTY, KANSAS, THIS 12th DAY OF OCTOBER, 2015.


Approved and signed by: Mayor Byron Noeth
Attested by: Jessica Gilbert, City Clerk
Approved as to Form: Brian Bina, City Attorney

 

Page 1 of 2

City Forms