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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 202

ORDINANCE DECLARING THE DISCHARGE OF A FIREARM IN THE CITY LIMITS OF RAMONA, KANSAS UNLAWFUL

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 the City adopt an Ordinance declaring the firing of firearms in the city limits unlawful; and

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

Section 1. Definitions

Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of the City of Ramona, Kansas.

Section 2. Actions Allowed

This Ordinance shall not apply to the discharge of a firearm within the corporate limits of the City of Ramona, Kansas, if:

  1. The firearm is discharged in the lawful defense of one’s person, another person or one’s property;
  2. The firearm is discharged at a private or public shooting range approved by the City;
  3. The firearm is discharged to lawfully take wildlife unless prohibited by the department of wildlife, parks and tourism or the governing body of the City;
  4. The firearm is discharged by authorized law enforcement officers, animal control officers, or a person who has a wildlife control permit issued by the Kansas department of wildlife, parks and tourism;
  5. The firearm is discharged by special permit of the Sheriff;
  6. The firearm is discharged using blanks; or
  7. The firearm is discharged in lawful self-defense or defense of another person against an animal attack. (K.S.A. Supp. 21-6308a.)

Section 3. Penalty

Unlawful discharge of a firearm is a Class B Misdemeanor. A fine of up to $1,000.00 and a jail term of up to six (6) months may be ordered by the Judge of the Municipal Court may be ordered.

Passed and approved by the governing body of the City of Ramona, Kansas, this 19th day of June, 2017.

Signed by: Byron Noeth, Mayor
 
 
ATTEST:
Jessica Gilbert
City Clerk
 
Approved as to form:
Brian L. Bina, City Attorney

Unlawful discharge of a firearm is a Class B Misdemeanor. A fine of up to $1,000.00 and a jail term of up to six (6) months may be ordered by the Judge of the Municipal Court may be ordered.

Charter Ordinance No. 201

A CHARTER ORDINANCE EXEMPTING THE CITY OF RAMONA, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-201, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO THE NOVEMBER ELECTIONS, THE FILLING OF GOVERNING BODY VACANCIES, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING ANY OTHER PARTS OF EXISTING CHARTER ORDINANCES INCONSISTENT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RAMONA, KANSAS:

Section 1. The City of Ramona, Kansas, by the power invested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 15-201, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.

Section 2. The governing body shall consist of a mayor and five council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Ramona, Kansas.

Section 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office.

Section 4. A general election of members shall take place on the Tuesday succeeding the first Monday in November 2017. The mayor and the first and second highest vote getter for the City Council shall serve an initial three year term. The third, fourth and fifth highest vote getter for the City Council shall serve an initial two year term. Following the initial election term, the mayor and all council members shall serve a two year term.  Succeeding elections will be held every year for all such governing body positions whose terms had expired.

Section 5. In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by and fee required by law. The nomination petition must be signed by five percent (5%) of the qualified electors of the City of Ramona, Kansas. 

Section 6. In case of a vacancy in the council occurring by reason of resignation, death or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within thirty (30) days after election, the council member shall be deemed to have refused to accept the office and vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.

Section 7. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.

Section 8. All elections for the City of Ramona, Kansas shall be nonpartisan.

Section 9. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 10. This Charter Ordinance shall take effect sixty-one (61) days after the final publication unless a sufficient petition for referendum is filed, requiring a referendum to be held on the Charter Ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval 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 13th  day of March, 2017.

CITY OF RAMONA, KANSAS
Byron Noeth, Mayor

Attest: Jessica Gilbert, City Clerk

Charter Ordinance No. 200

ORDINANCE DECLARING WEEDS OR OTHER RANK VEGETATION A NUISANCE AND SUBJECT TO ABATEMENT

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 the City adopt a nuisance for weeds and rank vegetation and to allow for abatement thereof; and

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

Section 1. DEFINITIONS

The following words, terms and phrases, when used in this Article, shall have the same meanings ascribed to them in this section, except for when the context clearly indicates a different meaning:

Public Officer means Code Enforcement Officer (also known as Animal Control Officer).

Weeds means any of the following:

  1. Brush and woody vines;
  2. Weeds and indigenous grasses which may attain such large growth as to become, wind dry, a fire menace to adjacent improved property;
  3. Weeds which bear, or may bear, seeds of downy or wingy nature;
  4. Weeds which are located in a n area which harbors rats, insects, animals, reptiles or any other creature which may, or does, constitute a menace to health, public safety or welfare;
  5. Weeds and indigenous grasses on or about residential property, which, because of the height thereof, has a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height.

Section2. Nuisance Declared

It shall be unlawful for any owner, agent, lessee, tenant or other person occupying, or having charge or control of, any premises to permit weeds to remain upon the premises or any area between the property lines of the premises.  All weeds are hereby declared a nuisance and are subject to abatement as provided in this Ordinance.

Section 3. Administration and Enforcement

  1. Enforcement.  The Code Enforcement Officer is charged with the administration and enforcement of this Article. These officers shall have the authority and power to issue citations to any owner, agent, lessee, tenant or other person occupying, or having charge or control of, any premises which violates any provision of this Ordinance.
  2. Penalties. Any owner, agent, lessee, tenant or other person 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.
  1. A 1st Offense shall be punishable by a $100.00 fine.
  2. A 2nd  Offense shall be punishable by a $250.00 fine.
  3. A 3rd Offense and each subsequent offense shall be punishable by a $500.00 fine.
    1. In addition to penalties, the Court may assess Court Costs on any case it deems appropriate
    2. 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.

Section 4. Control and Eradication

Nothing in this Article shall effect or impair the rights of the City under the provisions of K.S.A. Chapter 2, Article 13 (K.S.A. 2-1301 et seq.), relating to the control and eradication of certain noxious weeds as defined in K.S.A. 2-13, 14. 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.

Section 5. Exemption

Any premises within the City Limits of the City of Ramona designated by the Marion County Appraiser as Agricultural is exempt from the provision of this ordinance.

Passed and approved by the governing body of the City of Ramona, Kansas, this 13th day of February, 2017

Signed by Mayor Byron Noeth
Attested by Jessica Gilbert, City Clerk
Approved as to form by Brian L. Bina, City Attorney

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RAMONA, KANSAS:

Section 1. The City of Ramona, Kansas, by the power invested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 15-201, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.

Section 2. The governing body shall consist of a mayor and five council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Ramona, Kansas.

Section 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office.

Section 4. A general election of members shall take place on the Tuesday succeeding the first Monday in November 2017. The mayor and the first and second highest vote getter for the City Council shall serve an initial three year term. The third, fourth and fifth highest vote getter for the City Council shall serve an initial two year term. Following the initial election term, the mayor and all council members shall serve a two year term.  Succeeding elections will be held every year for all such governing body positions whose terms had expired.

Section 5. In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by and fee required by law. The nomination petition must be signed by five percent (5%) of the qualified electors of the City of Ramona, Kansas. 

Section 6. In case of a vacancy in the council occurring by reason of resignation, death or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within thirty (30) days after election, the council member shall be deemed to have refused to accept the office and vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.

Section 7. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.

Section 8. All elections for the City of Ramona, Kansas shall be nonpartisan.

Section 9. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 10. This Charter Ordinance shall take effect sixty-one (61) days after the final publication unless a sufficient petition for referendum is filed, requiring a referendum to be held on the Charter Ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval 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 13th  day of March, 2017.

CITY OF RAMONA, KANSAS
Byron Noeth, Mayor

Attest: Jessica Gilbert, City Clerk

Charter Ordinance No. 199

CHARTER ORDINANCE OF THE CITY OF RAMONA, RELATING TO THE ASSESSSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL COURT OF THE CITY OF RAMONA; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT

WHEREAS it is in the interest of the City of Ramona, Kansas, that the City adopt a charter ordinance for Court costs in cases heard in the Municipal Court of the City of Ramona; and

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

Section 1. EXEMPTION FROM STATE STATUTE

The City of Ramona is a city of third class, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, does hereby make inapplicable the provisions of K.S.A. 12-4112 and to provide substitute and additional provisions therefore.

Section 2. COSTS TO THE PERSONS JUDGED GUILTY

The following provisions are substituted in lieu of those provided for by K.S.A. 12-4112:

In all Municipal Court cases where the accused person pleads guilty or nolo contendere, or is found guilty, such person(s) shall be assessed costs for the administration of justice in the Municipal Court of the City of Ramona, Kansas, according to the schedule to be established from time-to-time by the governing body of the City, which schedule shall be set forth in a written Resolution of the governing body of this City, adopted by a majority vote of the members thereof.

In addition, the Municipal Judge is authorized and empowered to assess witness fees and mileage permitted pursuant to K.S.A. 12-4112. If the Defendant is unable to pay the court costs as assessed, they shall be and remain a judgment against the Defendant, which may be enforced as a judgment for payment of money in civil cases.

SECTION 3. EFFECTIVE DATE

This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient Petition for Referendum is filed as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case this ordinance shall become effective only upon approval by the majority of the electors voting at an election held thereon.

Passed and approved by the governing body of the City of Ramona, Kansas, this 9th day of January, 2017.

Signed: Mayor Byron Noeth                Attested by: Jessica Gilbert, Clark
Approved as to form by Brian L. Bina, City Attorney

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