Title 6 - Animals

6.04 Licensing and Registration of Dogs and Cats

Contents:

6.04.010 Dog/Cat License Fee.

A.

There shall be a Dog/Cat License fee imposed upon the owners of each dog and cat of the age of 6 months or over, attaining such age during the license year. This fee may be paid in one, two, or three year increments. The City Manager is hereby authorized to set fees and fee related policies for the Dog/Cat License.
B.

In no event shall a Dog/Cat License be issued for a dog or cat without proof of current rabies vaccination.
C.

The Dog/Cat License year shall be from January 1st through December 31st of each year. The Dog/Cat License fee shall be due and payable before June 30th of each year.
D.

Dogs or cats shall be licensed within 30 days after being brought into the City or attaining 6 months of age.
E.

Failure to pay the Dog/Cat License fee within times prescribed herein constitutes a violation of this Section. The Dog/Cat License fee for those dogs or cats subject to licensing for 6 months or less of the Dog/Cat License year shall be prorated at half of the annual Dog/Cat License fee amount.

(History: Ord. DAC-3486 §1, 2025; Ord. DAC-3436 §1, 2023; Ord. DAC-3329 §1, 2021; Ord. DAC-2771 §1, 2009; DAC-2211 §1, 2000; DAC-1675 §1, 91; DAC-1679 §1, 91; DAC-1311 §1, 85; DAC-1311 §1, 85; DAC-711 §1, 72; DAC-697 §1, 72)

Effective on: 1/1/1901

6.04.020 Penalty for Overdue Dog/Cat License Fee.

If the Dog/Cat License fee required by 6.04.010 is not paid within the times provided in that Section, the City Manager is hereby authorized to set an over due penalty that will apply in addition to the normal Dog/Cat License fee beginning July 1.

(History: Ord. DAC-3436 §2, 2023; Ord. DAC-3329 §2, 2021; Ord. DAC-2211 §2, 2000; DAC-1675 §2, 91; DAC-697 §2, 72)

Effective on: 1/1/1901

6.04.030 Registration - Tags.

The owner, keepers or harborers of any dog or cat shall cause the same to be registered at the office of the City Clerk. The registration shall contain the name and address and telephone number of the animal's owner, keeper or harborer, the animal's breed, name, sex, whether spayed or neutered, whether microchipped, color and description and such other information as may be deemed necessary. Subject to the provisions of 6.04.060, the City Clerk or authorized assistant, shall upon payment of the license fee, issue a suitable tag bearing the registration number.

(History: Ord. DAC-3388 §1, 2022; Ord. DAC-3329 §3, 2021;Ord. DAC-1679 §2, 9l; DAC-697 §3, 72)

Effective on: 1/1/1901

6.04.035 Violation of 6.04.030 - Penalty.

Every person who is convicted of a violation of 6.04.030 shall be punished by imprisonment for not more than 30 days or by a fine in the amount of $50 for the first violation within the period covered in the current licensing year and the preceding licensing year; $100 for the second violation within said period; $150 for a third violation within said period; $200 for a fourth violation within said period; and $500 for a fifth and subsequent violation within said period; or by both such fine and imprisonment. Provided, however, no person shall be eligible for a parole or suspension of any part of said fine, except that portion of any fine or combination of fines that are assessed from the same set of operative facts that exceed $200 may be suspended for not less than 12 months on the condition the violator have no further violations of the animal control laws during that period.

(History: Ord. DAC-3329 §4, 2021; Ord. DAC-1735 §1, 92; DAC-1679 §3, 91; DAC-1091 §1, 80)

Effective on: 1/1/1901

6.04.040 Collar or Harness Required.

The owner, keeper or harborer of any dog or cat shall cause the same to wear a collar or harness while such animal is outside the dwelling of the owner, keeper or harborer. The tag required in 6.04.030 shall be securely affixed to the collar or harness of each dog or cat registered. The tag shall be situated on the collar or harness in such a manner that it may at all times be easily visible to law enforcement officers or animal control officers of the city. Replacement tags shall be issued for $1.00 each.

(History: Ord. DAC-2211 §3, 2000; DAC-1679 §4, 91; DAC-697 §4, 72)

Effective on: 1/1/1901

6.04.045 Presentation of Animal.

The owner, keeper or harborer of any dog or cat shall physically produce the animal for observation, identification or inspection when requested to do so by a City animal control officer or law enforcement officer investigating a violation of the animal control and/or welfare laws of the City, provided the officer has probable cause to believe a crime or violation of the animal control laws has been committed. Failure to do so is a violation of this title.

(History: Ord. DAC-1729 §1, 92)

Effective on: 1/1/1901

6.04.050 Number of Dogs and Cats Permitted; Permits.

Except as otherwise provided in Section 6.04.051, the owning, keeping or harboring of any combination of 4 dogs and/or cats upon any premises or property, or in any dwelling or living quarters of any type within the City is permitted, provided:

A.
Special Animal Permit. Any person who desires to own, keep, or harbor more than any combination of 4 dogs and/or cats may apply to the City Clerk for an annual "Special Animal Permit" that shall upon issuance permit the applicant to own, keep or harbor the animals specifically allowed in that Special Animal Permit.
1. 1.
  Criteria. All applicants must adequately show that: (1) special circumstances exist that justify the keeping of the subject animals, (2) the keeping of additional animals will not create a nuisance in the surrounding neighborhood, (3) humane care will be provided, and (4) the premises where the animals are kept is suitable for the keeping of multiple animals and is in conformity with all City zoning requirements. The criteria to be evaluated include, without being limited to, the following:
  1. a.
    
    The animals will be kept or maintained at all times in a safe and sanitary manner.
  2. b.
    
    The quarters in which such animals are kept or confined will be adequately lighted and ventilated and are so constructed and maintained that they can be kept in a clean and sanitary condition.
  3. c.
    
    The health and well-being of the animals will not in any way be endangered by the manner of keeping or confinement.
  4. d.
    
    The keeping of such animals will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood.
  5. e.
    
    The keeping of such animals will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animals are kept or harbored.
  6. f.
    
    The animals will not unreasonably annoy humans, endanger the life, health or safety of other animals or persons or substantially interfere with the rights of citizens to the enjoyment of life or property.
  7. g.
    
    The animals will not repeatedly run or be found at large, will not damage or deposit excretory matter upon the property of anyone other than their owner, and will not chase vehicles or molest or intimidate pedestrians or passersby.
  8. h.
    
    The animals will not make disturbing noises, including but not limited to, continued and repeated or untimely howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors and others in close proximity to the premises where the animals are kept or harbored, or otherwise be offensive or dangerous to the public health, safety or welfare, by virtue of their behavior, number, type or manner of keeping.
  9. i.
    
    The applicant, or any person who will share in the care, custody and control of the animals, is not currently in violation of, or has not previously violated any applicable City, state or federal laws, codes, rules or regulations, including, but not limited to, those pertaining to the care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the subject permit.
2. 2.
  Application.
  1. a.
    
    The City Clerk shall deny any application where the applicant fails to show proof of the aforementioned requirements or an examination of the documentation submitted by the applicant, or an investigation, by the Animal Control Division of the Police Department, or both, reveals that in the opinion of the Animal Control Division the applicant has failed to meet the requirements of this Section.
  2. b.
    
    Any application for up to 4 dogs, or 4 cats, or 3 dogs and 1 cat, or 3 cats and 1 dog, shall be required to show proof of meeting the required standards by clear and convincing evidence. Any application for more than 4 dogs or cats, or any combination thereof in excess of four (4), shall be required to show proof of meeting the required standards beyond a reasonable doubt.
  3. c.
    
    The Animal Control Division shall submit a written report of its investigation stating the factual basis for its recommendation to grant or deny any application. The Animal Control Division shall consider the comments of neighbors, past violations by applicant, the size, condition and location of the area where the animals will be kept, the size of the animals to be kept, past complaints concerning the applicant, the burden of proof and the criteria set forth in this Section, or any other factors relative to the issue of keeping additional animals.
  4. d.
    
    The City Clerk shall establish an application process to be followed by all individuals seeking a Special Animal Permit. The Special Animal Permit shall be issued for the period from January 1st through December 31st of each year. The City Manager is hereby authorized to set fees and fee related policies for the Special Animal Permit. All fees shall be nonrefundable and nontransferable. The Special Animal Permit shall be issued for the individual animals listed in the application and shall not be transferable to other animals. Except for Special Animal Permits required for the keeping of more than 2 fostered animals, should an animal subject to the Special Animal Permit be replaced, a new application and Special Animal Permit shall be required, but no new Special Animal Permit fee shall be required. The fact an individual has previously been issued a Special Animal Permit may be considered but shall not be controlling in the City Clerk's decision to issue a Special Animal Permit for a different animal. Nothing in this Section shall exempt or except any applicant or any other person from the registration, vaccination or any other requirement of this Chapter.
B.

Animal Breeder Permit. The City Clerk may issue an annual Animal Breeder Permit to any person who keeps dogs or cats for breeding or selling on a commercial basis within the City. A permit must be obtained for each animal the breeder intends to have bred. The applicant must be in conformity with the City zoning ordinances and state laws, not have been convicted of violating the cruelty or animal welfare laws of this or any other jurisdiction, and make a satisfactory showing that the area for housing the animals will provide a humane standard of care and will not constitute a nuisance to the surrounding neighborhood. The Animal Breeder Permit shall be issued for a one-year period from January 1st through December 31st of each year. The City Manager is hereby authorized to set fees and fee related policies for the Animal Breeder Permit. Notwithstanding, all animals owned, kept or harbored pursuant to this paragraph that are 6 months of age or older must be licensed in accordance with this Chapter.
C.
Animal Fostering.
1. 1.
  
  Any resident wanting to foster a dog or a cat within the City will need to provide appropriate paperwork from a state licensed adoption shelter or Animal Rescue Organization. The Resident will only be allowed to foster the animal for a total of 180 days before being required to license it with the City.
2. 2.
  
  Fostered animals shall count toward the 4 total animals allowed under Section A.
3. 3.
  
  In no event may a dangerous animal as defined in Section 6.10.010 be fostered within the City.
D.

Permit Revocation. Subject to the appeal process set forth in Section 6.04.055, the permits described in this Section may be revoked by the City Clerk upon a showing that; (1) the animal's place of keeping constitutes a nuisance to the surrounding neighbors, (2) humane standards of care are not being met by the permittee, (3) a violation of City zoning regulations has occurred, or (4) the permittee had provided false information in their application.
E.
Definitions.
1. 1.
  
  "Nuisance" shall be defined as any act which is unreasonably annoying or vexatious to another or substantially interferes with the rights of others and shall include, but not be limited to, obnoxious odors, excessive noise, and creation of an environment attractive to other animals or insects. More than three substantiated violations of this title within a twelve-month period will automatically constitute a nuisance.
2. 2.
  
  "Humane standards of care" shall be defined to include, but not be limited to, accessibility of the animal to food and water, proper medical attention, proper shelter from the elements, and cleanliness in animal waste areas with regular waste removal.
3. 3.
  
  "Special circumstances" shall be defined as any unusual, extraordinary and exceptional situation or condition whereby the strict application of the numerical limits set forth in this Section would be contrary to the intent, purposes and objectives of such limitations and would be contrary to the public interest and welfare.
4. 4.
  
  "Animal Rescue Organization" shall be defined as a licensed non-profit organization that specializes in rescuing, caring for, and rehoming pets.
F.

Service Animals. The provisions of this Section 6.04.050 shall not be applicable to service animals. For the purposes of this Section, service animals shall be animals providing the services specified in K.S.A. 39-1103 et seq.

(History: Ord. DAC-3486, §2, 2025; Ord. DAC-3436 §3, 2023; Ord. DAC-2987 §1, 2013; DAC-2693 §1, 2008; DAC-2399 §1, 2002; DAC-2146 §1, 99; DAC-1833 §1, 94; DAC-1735 §2, 92; DAC-1679 §5, 91; DAC-1511 §1, 88; DAC-1402 §1, 86; DAC-1385 §1, 86; DAC-1311 §2, 85; DAC-880 §1, 76; DAC-711 §2, 72)

Effective on: 1/1/1901

6.04.051 Number of Dogs and Cats Permitted on Properties Annexed by Ordinance No. A-2367 or Ordinance No. A-2719; Permits.

The owning, keeping or harboring of dogs and cats upon any premises or property, or in any dwelling or living quarters of any type within that portion of the City annexed by either Ordinance No. A-2367 or Ordinance No. A-2719 shall be permitted as follows for so long as the property bears a county zoning designation. On any tract 20 acres or larger, an aggregate total of 7 adult cats or dogs, more than one year old, may be kept, boarded, bred or trained, whether or not for commercial gain or as pets. Provided:

A.
Special Animal Permit. Any person who desires to own, keep, or harbor more than the number of dogs or cats permitted above may apply to the City Clerk for an annual Special Animal Permit that shall upon issuance permit the applicant to own, keep or harbor the animals specifically allowed in that Special Animal Permit.
1. 1.
  Criteria. All applicants must adequately show that: (1) special circumstances exist that justify the keeping of the subject animals, (2) the keeping of additional animals will not create a nuisance in the surrounding neighborhood, (3) humane care will be provided, and (4) the premises where the animals are kept is suitable for the keeping of multiple animals and is in conformity with all applicable City zoning requirements. The criteria to be evaluated include, without being limited to, the following:
  1. a.
    
    The animals will be kept or maintained at all times in a safe and sanitary manner.
  2. b.
    
    The quarters in which such animals are kept or confined will be adequately lighted and ventilated and are so constructed and maintained that they can be kept in a clean and sanitary condition.
  3. c.
    
    The health and well-being of the animals will not in any way be endangered by the manner of keeping or confinement.
  4. d.
    
    The keeping of such animals will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood.
  5. e.
    
    The keeping of such animals will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animals are kept or harbored.
  6. f.
    
    The animals will not unreasonably annoy humans, endanger the life, health or safety of other animals or persons or substantially interfere with the rights of citizens to the enjoyment of life or property.
  7. g.
    
    The animals will not repeatedly run or be found at large, will not damage or deposit excretory matter upon the property of anyone other than their owner, and will not chase vehicles or molest or intimidate pedestrians or passersby.
  8. h.
    
    The animals will not make disturbing noises, including but not limited to, continued and repeated or untimely howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors and others in close proximity to the premises where the animals are kept or harbored, or otherwise be offensive or dangerous to the public health, safety or welfare, by virtue of their behavior, number, type or manner of keeping.
  9. i.
    
    The applicant, or any person who will share in the care, custody and control of the animals, is not currently in violation of, or has not previously violated any applicable City, state or federal laws, codes, rules or regulations, including, but not limited to, those pertaining to the care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the subject permit.
2. 2.
  Application.
  1. a.
    
    The City Clerk shall deny any application where the applicant fails to show proof of the aforementioned requirements or an examination of the documentation submitted by the applicant, or an investigation, by the Animal Control Division of the Police Department, or both, reveals that in the opinion of the Animal Control Division the applicant has failed to meet the requirements of this Section.
  2. b.
    
    Any application shall be required to show proof of meeting the required standards beyond a reasonable doubt.
  3. c.
    
    The Animal Control Division shall submit a written report of its investigation stating the factual basis for its recommendation to grant or deny any application. The Animal Control Division shall consider the comments of neighbors, past violations by applicant, the size, condition and location of the area where the animals will be kept, the size of the animals to be kept, past complaints concerning the applicant, the burden of proof and the criteria set forth in this Section, or any other factors relative to the issue of keeping additional animals.
  4. d.
    
    The City Clerk shall establish an application process to be followed by all individuals seeking a Special Animal Permit. The Special Animal Permit shall be issued for the period from January 1st through December 31st of each year. The City Manager is hereby authorized to set fees and fee related policies for the Special Animal Permit. All fees shall be nonrefundable and nontransferable. The Special Animal Permit shall be issued for the individual animals listed in the application and shall not be transferable to other animals. Except for Special Animal Permits required for the keeping of more than 2 foster animals, should an animal subject to the Special Animal Permit be replaced, a new application and Special Animal Permit shall be required, but no new Special Animal Permit fee shall be required. The fact an individual has previously been issued a Special animal Permit may be considered but shall not be controlling in the City Clerk's decision to issue a Special Animal Permit for a different animal. Nothing in this Section shall exempt or except any applicant or any other person from the registration, vaccination or any other requirement of this Chapter.
B.

Permit Revocation. Subject to the appeal process set forth in Section 6.06.055, the permits described in this Section may be revoked by the City Clerk upon a showing that: (1) the animal's place of keeping constitutes a nuisance to the surrounding neighbors, (2) humane standards of care are not being met by the permittee, (3) a violation of any applicable zoning regulations has occurred, or (4) the permittee has provided false information in their application.
C.

Definitions. The terms "nuisance," "humane standards of care" and "special circumstances" shall have the meanings set forth in Section 6.04.050.
D.

Kennels Previously Approved by County. Any person who, prior to annexation into the City, obtained a conditional use permit from Johnson County for a kennel, shall be allowed to keep dogs and cats in greater numbers than set forth above in accordance with the terms of such conditional use permit. Provided, however, any such person may apply for a "special animal permit" as set forth above.
E.

Service Animals. The provisions of this Section 6.04.051 shall not be applicable to service animals. For the purposes of this Section, service animals shall be animals providing the services specified in K.S.A. 39-1103 et seq.

(History: Ord. DAC-3486 §3, 2025; Ord. DAC-3436 §4, 2023; Ord. DAC-2987 §2, 2013; DAC-2693 §2, 2008; DAC-2399 §2, 2002)

Effective on: 1/1/1901

6.04.055 Appeal.

A.

Any person who is denied a Special Animal Permit, an Animal Breeder Permit or an Animal Foster Home Permit, whose existing permit has been revoked, may within 10 days thereafter file a written notice or statement of appeal from said decision, ruling, action, or finding to the Overland Park Municipal Court for an administrative hearing thereon.
B.

The City Manager is hereby authorized to set an administrative hearing appeal fee. Such fee shall be paid to the Municipal Court Clerk and is required for each appeal to the Municipal Court, and no appeal shall be set for hearing until such fee has been paid.
C.

The filing of an appeal under this subsection shall not stay any action taken pursuant to this Chapter.
D.

The hearing shall be conducted by an Overland Park Municipal Court judge who will sit as an administrative judge for purposes of this Chapter. The sole issue for determination shall be whether decisions, rulings, actions, or findings of the Animal Control Officer or the City Clerk (or their respective designees) were within the scope of their authority, supported by substantial evidence, and not arbitrary or capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case.

Pursuant to its role as administrative judge, the court is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he or she may be lawfully questioned, the court may order such person to comply with such subpoena and testify; and failure to obey the court's order may be punished by the court as contempt.

(History: Ord. DAC-3436 §5, 2023; Ord. DAC-1679 §6, 91; DAC-1385 §2, 86)

Effective on: 1/1/1901

6.04.056 Appeals, Administrative Hearing.

The hearing on the appeal provided for in 6.10.160 shall be conducted by an Overland Park Municipal Court judge who will sit as an administrative judge for purposes of this chapter. The sole issue for determination shall be whether decisions, rulings, actions, or findings of the Chief Animal Control Officer and/or the City Clerk were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case.

(History: Ord. DAC-1385 §3, 86)

Effective on: 1/1/1901

6.04.057 Subpoena Power.

Pursuant to its role as administrative judge, the court is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he or she may be lawfully questioned, the court may order such person to comply with such subpoena and testify; and failure to obey the court's order may be punished by the court as contempt.

(History: Ord. DAC-1385 §4, 86)

Effective on: 1/1/1901

6.04.058 Inoculation against Rabies Required.

All owners, keepers and harborers of dogs and cats within the City are required to have a registered veterinarian inoculate their animal(s) for rabies and insure that the inoculation is valid at all times the animal(s) is/are within the City.

(History: Ord. DAC-2138 §1, 98)

Effective on: 1/1/1901

6.04.060 Rabies Certificate Required at Time of Licensing.

No license required by this chapter will be issued until the owner, keeper or harborer of the animal furnishes a certificate signed by a registered veterinarian, showing that the animal is currently inoculated against rabies. Recognition shall be given to a certificate which indicates a 1-year, 2-year or 3-year inoculation period for cats and dogs if duly signed by a registered veterinarian.

(History: Ord. DAC-2138 §2, 98; DAC-1679 §7, 91; DAC-879 §1, 76; DAC-697 §5, 72)

Effective on: 1/1/1901

6.04.070 Enumeration of Animals.

The City Council may require an annual enumeration of all dogs and cats owned within the City. The enumeration shall account for the number and ownership of all dogs and cats owned in the city and may be compared and corrected with the records of the county.

(History: Ord. DAC-697 §6, 72)

Effective on: 1/1/1901

6.04.080 Fees to General Fund.

All fees, charges, and penalties paid to or collected by any officers of the City under or pursuant to the provisions of this title shall be paid over to the city treasurer and credited to the general operating fund.

(History: Ord. DAC-697 §16, 72)

Effective on: 1/1/1901

6.04.090 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this chapter or any part thereof.

(History: Ord. DAC-1311 §3, 85)

Effective on: 1/1/1901