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Municipal Code, City of Arkansas, Kansas. Title 6 ANIMALS, Chapter 6.08 DOGS, § 6.08.061 Prohibited Dog Breeds.

Last Checked by Web Center Staff: 05/2012
Disclaimer: Due to the overwhelming number of cities and counties across the United States, the Animal Legal & Historical Center's collection reflects only a sample of all animal-related ordinances. Many ordinances are not complete sets and have been edited for a particular topic. If you do not see your city or county listed on the website, please refer to your local government’s website or try searching Municode or American Legal Publishing (http://www.amlegal.com/library/ and http://www.municode.com/Library). Please note that we update ordinances once a year, so the ordinances on this website may not be the most current version.
Statute Details
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Citation: ARKANSAS CITY, KS., MUNICIPAL CODE §§ 6.08.061 - 6.08.062 (1992)

Summary:  

In Arkansas City, Kansas, it is unlawful to possess an American Staffordshire Terrier, a/k/a American Pit Bull Terrier or Pit Bull, or a Presa Canario, a/k/a Canary Dog. Under these ordinances, pit bulls are deemed to be vicious and may be euthanized by court order or by failure of an owner or harborer to pay impoundment fees. Additionally, a person may be fined up to $500.00 and/or may be jailed for up to 6 months for violating these ordinances. 



Ordinance Text in Full:

6.08.061 Prohibited Dog Breeds.

6.08.062 Returning a Prohibited Dog Breed to City.

6.08.080 Redeeming or adopting impounded animals.

6.08.110 Vicious or biting dogs.

6.08.112 Penalty.

 

6.08.061 Prohibited Dog Breeds.

A. It is unlawful to possess within the City limits the following breeds of dog, as defined by the American Kennel Club:

1. American Staffordshire Terrier, a/k/a American Pit Bull Terrier or Pit Bull;

2. Presa Canario, a/k/a Canary Dog; or

3. Any mixed breed of dog partially made up of either or both of these breeds.

(Ord. 4181 §1, 2008; Ord. 3942 § 1, 2002; Ord. 3568a § 1 (part), 1992).
 
6.08.062 Returning a Prohibited Dog Breed to City.
 
It is unlawful for any person to redeem or adopt from the Cowley County Humane Society a dog taken into custody for a violation of Section 6.08.061, and then return, or allow a third party to return, that dog to the City limits.

(Ord. 4193 § 1, 2009).

6.08.080  Redeeming or adopting impounded animals.

A. Redeeming Impounded Animals.  Any owner or harborer wishing to redeem an impounded animal shall pay a redemption fee of Five Dollars ($5.00), if proof of sterilization and current vaccination is produced at the time of redemption; or Twenty Dollars ($20.00) if such proof is not produced. 

1. In addition to the foregoing, at the time of redemption, the owner or harborer shall pay the entire boarding fee, if any, charged by the agency(ies) holding the animal for the period of impoundment or as otherwise ordered by the Court.

2. If the animal has not been previously sterilized, but is sterilized prior to the court date for appearance for the citation of “dog running at large”, then the owner may present a certificate from the veterinarian performing the sterilization and the city prosecutor will consider dismissal of the citation.

B. Adopting Impounded Animals.  In the event any owner or harborer of a dog or animal shall fail or refuse to redeem such dog within three (3) days after impoundment, the Animal Control Officer is authorized to release for adoption such animal to a person who appears to be able to adequately and humanely care for the animal, provided that such person shall:

1. If the animal has not been previously immunized for rabies or sterilized, pay for and provide the City with a Certificate of Payment from the veterinarian who will provide the services for rabies immunization and surgical sterilization;

2.  Have the veterinarian immunize and sterilize the animal; 

3. If the requirements are not completed by the adoptive owner within the time frame established by the Animal Control Officer at the time of adoption, the Animal Control Officer is empowered to remove the dog from the custody of such owner and impound it according to the same procedures applicable as animals running at large.

 (Ord. 4268, § 1, 2010; 3836, § 1, 1999; Ord. 3810, §1, 1999; Ord. 3691, Sec. 1, 1996; Ord. 3645 § 1, 1994: Ord. 3337 § 1 (part), 1986: Ord. 2078 § 1, 1977: Ord. 1689, 1971: prior code § 3-208)

 

6.08.110 Vicious or biting dogs.

A. It is unlawful to keep, harbor or own a “vicious dog” as defined by City Code.

B. For purposes of this section, “vicious” means:

1. Any dog which attacks or bites any person or other animal, or which behaves in such a manner that it is possessed of tendencies to attack or bite such as chasing after a person or animal to harm or injure. 

2. All dogs of the breed identified by the American Kennel Club as “American Staffordshire Bull Terrier, a/k/a American Pit Bull Terrier or Pit Bull”, or any mixed breed of Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier.

C. It is lawful for any person to use reasonable force to repel any such dog as hereinabove referenced in this section when under attack or in an apparent danger of being bitten thereby.

D.  Whenever Animal Control, acting upon a factual basis in good faith determines that any dog possessing elements of viciousness as above defined or such dog is of a breeding to be identifiable as a prohibited breed set-forth in paragraph 2 above, such dog at the discretion of Animal Control, shall be impounded as follows:

1.  At the dog owner’s domicile if:

a)   A written release is obtained from the victim; and,

b)  Proof of current rabies vaccination is proved; or,

2.  At a licensed Veterinarian at the choice of and expense of the owner or harborer of the dog; or

3. At the City operated Animal Shelter.

Impoundment as hereinabove authorized shall continue until Final Order for disposition by the Municipal Court.  If convicted, the owner or harborer shall be required to pay the expense of impoundment.  If acquitted, and the dog has remained impounded at the City operated Animal Shelter, the impoundment expense may be abated and assessed to the City.

E.  The dog may be euthanized upon:

1. Failure of the owner or harborer to pay the impoundment fees and/or boarding fees as required by City Code, or;

2. Upon Order of the Municipal Court Judge.

(Ord. 3942 § 1, 2002; Ord 3939, § 1, 2002; Ord. 3697, Sec. 1-3, 1996; Ord. 3568a § 1 (part), 1992: Ord. 3568 § 1 (part), 1992: Ord. 3511 § 1, 1990; Ord. 3337 § 1 (part), 1986: prior code § 3-211)

 6.08.112 Penalty.

A. It is unlawful for any person to commit any of the prohibited conduct or offenses hereinabove described, and any person so offending shall be deemed guilty of a public offense and, upon conviction thereof, shall be punished by a fine, a minimum of which shall be Twenty-five Dollars ($25.00) and a maximum not to exceed Five Hundred Dollars ($500.00) or imprisonment in jail for a minimum period not to exceed forty-eight (48) hours or a maximum period not to exceed six (6) months, or be both so fined and imprisoned.

B.  Each day during or on which a violation occurs or continues shall constitute a separate offense and shall be punishable as such hereinabove described. (Ord. 3337 § 1 (part), 1986)

 

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