(a)   In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined by Section 2-101, the municipal judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by Section 2-101. The animal control officer or law enforcement officer may order the dog to be impounded at the municipal pound, a licensed veterinary clinic or duly incorporated humane society pending the determination of whether the dog is dangerous. The owner or keeper of the dog shall be liable for the costs of keeping such dog.

(1)   Dogs seized in connection with dog fighting or that have caused a severe or fatal injury to a human shall be housed in a secure enclosure with proper exercise and care and held as evidence in the case until the conclusion of the case and order from the court on the disposition of the dogs. Disposition and release of dogs is determined in accordance to K.S.A. 21-4311 and 21-4316 and any amendments thereto.

(b)   The animal control officer or law enforcement officer shall notify the owner or keeper of the dog that the hearing will be held in municipal court, at which time evidence will be presented that the dog is dangerous and at which time the owner or keeper of the dog may present evidence to rebut evidence presented by the City and present such other evidence as may be relevant.

(1)   In making a determination, the municipal judge shall consider the following:

(A)  The seriousness of the attack or bite;

(B)  Past history of attacks or bites;

(C)  Likelihood of attacks or bites in the future;

(D)  The condition and circumstances under which the animal is kept or confined;

(E)   Other factors which may reasonably relate to the determination of whether or not the animal is vicious.

(2)   The failure of the owner or keeper to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog. The hearing shall be held promptly within no less than five (5) nor more than twenty (20) days after service of notice upon the owner or keeper of the dog. The City shall have the burden of proof to show that the dog is dangerous pursuant to Section 2-101.

(c)   If a determination is made at the hearing that the dog is dangerous, the owner or keeper shall comply with the provisions of this Article within fifteen (15) days. If the owner fails to comply with the provisions of this Article within the time provided, the dog shall be destroyed.   If the owner or keeper of the dog contests the determination, he or she may appeal within ten (10) days to the district court pursuant to law.

(d) It shall be an affirmative defense to charges issued under this article that the dog was provoked, teased, injured and was protecting itself, its owner, its offspring or another human being.

(Ord. 3709; Code 2018)

(a)   If the municipal court judge determines that a dog is dangerous pursuant to this Article, the owner or keeper of the dangerous dog shall be required to comply with the following:

(1)   Registration. The owner or keeper shall annually register the dangerous dog with the City, on such forms designated by the City Clerk, and shall have a microchip inserted into the dog by a licensed veterinarian or a duly incorporated humane society. The microchip shall detail the dangerous dog registration and such other information as may be appropriate to determine the ownership of the dog. The owner or keeper shall pay an annual registration fee to be established by the city council in the annual fee resolution and shall pay all costs associated with the microchip procedure and registration of the dog. The owner or keeper shall be responsible for maintaining with the City Clerk the address of the owner or keeper and the dangerous dog.  The owner or keeper shall notify the City Clerk within seven (7) days of a change in address for the owner or keeper and dangerous dog.

(2)   Confinement.  All dangerous dogs shall be confined in a secure enclosure.  It shall be unlawful for any owner or keeper to maintain a dangerous dog upon any premises that does not have a locked enclosure. It shall be unlawful for any owner or keeper to allow a dangerous dog to be outside of the dwelling of the owner or keeper or outside of a secure enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the dangerous dog or for the limited purposes of allowing said dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required.

(A)  In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four (4) feet in length, and shall be under the direct control and supervision of the owner or keeper of the dangerous dog.  The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(3)   Sterilization. The owner shall pay for a licensed veterinarian to spay or neuter the dangerous dog before it will be released to the owner.

(4)   Signs.  The owner of a dangerous dog shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious dog on the premises.  A similar sign is required to be posted on the pen or kennel of the animal.

(5)   Insurance.  No dangerous dog shall be licensed by the city for any licensing period unless the owner or keeper of such dangerous dog shall present to the city clerk proof that the owner or keeper has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dangerous dog during the 12 month period for which licensing is sought.

(A)  Such policy shall contain a provision requiring the city to be named as additional insured for the sole purpose of the city to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

(B)  The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the 12 month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the dangerous dog prior to expiration of such license.

(Ord. 3709; Code 2018)

(a)   It shall be unlawful for any person to violate the provisions of this Article. Any person found guilty of violating the provisions of this Article shall be assessed, fined, and the animal disposed of, as provided below:

(1)   At-Large. Any dangerous dog that is not confined or registered as required pursuant to this Article shall be impounded by an animal control officer or a law enforcement officer. In addition to all costs for impoundment, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine and may require the owner to provide a secure six-sided enclosure before the dog may be returned.  For a second offense within twenty-four (24) months, in which the dog is not confined or registered as required pursuant to this Section, in addition to all costs for impoundment, the owner or keeper shall pay a Five Hundred ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall dispose of the dog in a manner to be determined by the animal control officer.  The judge shall have no authority to suspend the fine or any portion thereof.

(2)   Attack on Human. If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing, a human being, the owner or keeper shall pay a Five Hundred Dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall humanely euthanize said dog. The judge shall have no authority to suspend the fine or any portion thereof.

(3)   Attack on Other Animal.  If any dangerous dog shall kill or wound, or assist in killing or wounding, any animal, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a ten (10) day waiting period, exclusive of Sundays and holidays, shall destroy said dog. The judge shall have no authority to suspend the fine or any portion thereof. 

(b)   If the owner or keeper of a dog impounded pursuant to this Section shall believe that there shall not have been a violation of the provisions of this Section, such owner may petition the Municipal Court, on forms approved by the Municipal Judge, petitioning that the impounded dog not be destroyed.  The impounded dog shall not be destroyed pending the resolution of such owner’s petition if the petition shall have been filed within five (5) days of impoundment of such dog and notice shall be have been delivered within five (5) days of the impoundment of such dog. The dog shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner upon the payment of the expenses by the owner or keeper.

(c)   In addition to the fines provided in this Section, the Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Article to serve up to a maximum of six (6) months in jail.

(d)   Nothing in this Article shall be construed to limit the Municipal Judge’s authority to impose other fees or fines appropriate with other provisions of this chapter or the city code.

(Ord. 3709; Code 2018)

(a)   No person shall harbor, own, or possess any animal that is an immediate threat to public health and safety.

(b)   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 dangerous or vicious animal without notice to the owner.

(c)   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 dangerous or 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.

(d)   The Municipal Judge shall have the authority to sentence the person adjudicated guilty of this section to serve up to a maximum of six (6) months in jail and to pay a fine not to exceed $1,000.00.

(e)   Notwithstanding any other provision of this article or chapter to the contrary and irrespective of whether an animal has been declared dangerous pursuant to this article, the Municipal Judge may order any animal destroyed if the Judge determines that the animal is an immediate threat to public health and safety and that confinement and registration of an animal by the owner or keeper of the animal as provided in this article will not adequately protect public health and safety. In making such determination the Judge may consider the severity of any attack by the animal or any such other relevant information.

(Ord. 3709; Code 2018)

(Ord. 3709; Code 2018)

(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 humanely euthanized and examination made by the state board of health or a privately certified or publicly accredited laboratory authorized to provide such testing.

(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.

(c)   Any animal desired for observation by the local health officer under this section shall be delivered to the animal control officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored.  Any person violating this provision shall be guilty of a violation of this code.  Upon refusal of any person to so deliver such animal, the municipal judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.

(Ord. 3709; Code 2018)

Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer and/or the police department.  It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:

(a)   The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and

(b)   If the bitten animal has a current vaccination, it shall be confined for ninety (90) days; and

(c)   The bitten animal shall be released from confinement only upon written order from the local health officer, who declares the animal to be free of rabies; and

(d)   If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.

(Ord. 3709; Code 2018)

The animal control officer is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape.  Any animal not confined during such time may be disposed of wherever found by any police officer, or the animal control officer of the city.  The owner of such animal shall be prosecuted for such violation thereof.

(Ord. 3709; Code 2018)

(Ord. 3709; Code 2018)

(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, eight 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 or Emus.

(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:

(1)   A bona fide zoo, as defined by the American Association of Zoological Parks and Association of Zoological Parks and Aquariums;

(2)   A veterinary clinic operated by a licensed veterinarian;

(3)   A licensed medical institution or accredited educational institution;

(4)   A carnival or circus properly licensed or approved by the city;

(5)   A person or business exhibiting an animal for show or other temporary purpose on public property as part of an educational or community event that has been authorized by the city.

(6)   A facility licensed by the Kansas Animal Health Department for the purpose of impounding, sheltering, or caring for animals and legally zoned or permitted within the City to operate such a facility. 

(d)   The exemptions in subsection (c) above shall be valid only 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 objectionable odors.

(3)   Animals are maintained in quarters so constructed as to prevent their escape.

(e)   The  municipal  judge  shall  have  the  authority  to  order  any  animal deemed vicious confined, destroyed or removed from the city.

(Ord. 3709; Code 2018)