Ordinance Text in Full:
2-403. EXCEPTIONS; PERMIT AND REGISTRATION REQUIREMENTS.
2-405. NOTICE OF KEEPING DANGEROUS ANIMALS.
2-406. SEIZURE AND IMPOUNDING OF DANGEROUS ANIMALS.
2-407. PERMIT REQUIRED.
2-408. ISSUANCE OF PERMIT.
2-409. APPLICATION FOR PERMIT.
2-410. PERMIT FEE.
2-411. TERM AND RENEWAL OF PERMITS.
2-412. INSPECTIONS AND INVESTIGATION FOR RENEWAL.
2-413. REVOCATION OF PERMITS.
2-414. APPEALS; FEES.
2-415. APPEALS, ADMINISTRATIVE HEARING.
2-416. SUBPOENA POWER.
2-417. APPEAL; DISTRICT COURT.
2-419. VIOLATIONS AND PENALTIES.
2-420. COSTS TO BE PAID BY RESPONSIBLE PERSONS.
2-401. DEFINITIONS. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the city:
(a) Registered purebred miniature Vietnamese potbelly pigs and other similarly registered purebred miniature pigs which:
(1) Weigh more than eighty pounds;
(2) Are not spayed or neutered upon reaching maturity;
(3) Have not undergone a blood test to show the animal is free from
(4) Is maintained as a food source.
(b) Any warm-blooded, carnivorous or omnivorous, wild or exotic animal
(including but not limited to non-human primates such as apes, chimpanzees, gibbons, gorillas, orangutans, siamangs, and baboons, as well as bears, bison, bobcats, cheetahs, crocodilians, constrictor snakes, coyotes, deer, white-tailed deer, elk, antelope, moose, elephants, game cocks or other fighting birds, hippopotami, hyenas, jaguars, leopards, lions, lynxes, monkeys, ostriches, pumas, cougars, mountain lions, panthers, raccoons, rhinoceroses, skunks, tigers, foxes and wolves; but excluding ferrets and small rodents of varieties used for laboratory purposes).
(c) Any mammal, amphibian, fish, reptile or fowl which is of a species which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well-being, or property, including but not limited to snakes which are venomous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup including, but not limited to, boa constrictors, Madagascar ground boas, green and yellow anacondas, Cuban boas, Indian pythons, reticulated pythons, African rock pythons, Amethystine pythons, Boelen*s pythons and all members of the family pythonidae that exceed six feet in length.
(d) Any dog or cat having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a dangerous animal. For the purposes of this chapter, where the official records of animal control and/or the police department indicate a dog or cat has bitten any person or persons, it shall be prima facie evidence that the dog or cat is a dangerous animal.
(e) Any animal having poisonous bites including rear-fang snakes.
(f) Any pit bull dog; provided, that pit bull dogs registered with the city on the date of publication of this article may be kept within the city subject to the standards and requirements set forth in section 2-403 immediately hereafter. Pit bull dog is defined to mean:
(1) The Staffordshire bull terrier breed of dog;
(2) The American pit bull terrier breed of dog;
(3) The American Staffordshire terrier breed of dog;
(4) Any dog which has the appearance and characteristics of being
predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; or a combination of any of these breeds. The registration of a dog at any time in any jurisdiction as a pit bull or any of the dogs listed above shall constitute prima facie evidence the animal is prohibited by this section.
(g) Any domesticated dog that has in its known genetic history and/or formal pedigree crossbreeding with the wolf species to include, but not be limited to, animals referred to as wolf-hybrids or wolf-mix breeds or the breed known as Tundra Shepherd. The registration of an animal at any time in any jurisdiction as a wolf- hybrid, wolf mix or Tundra Shepherd shall constitute prima facie evidence the animal is prohibited by this section. For the purposes of this section all references to animals described herein shall be to wolf-hybrids.
(h) Person includes any natural person, association, partnership, organization or corporation.
(Ord. 540, Sec. 4)
2-402. PROHIBITION. Except as provided in sections 2-403:404, no person shall own, keep, or harbor any dangerous animal in the city. (Ord. 540, Sec. 4)
2-403. EXCEPTIONS; PERMIT AND REGISTRATION REQUIREMENTS. Any person or organization which falls into one of the following subsections shall be permitted to own, harbor or have charge, custody, control, or possession of any animal described in section 2-401 hereof, provided he or she has first secured a permit under section 2-407; provided further that owners, keepers or harborers of pit bull dogs or wolf- hybrids registered prior to the publication of this article shall also be required to register their animals in accordance with the provisions of this article:
(a) The keeping of such animals in zoos, bona fide educational or medical institutions, museums or any other place where they are kept as live specimens for the public to view, or for the purpose of instruction or study.
(b) The keeping of such animals for exhibition to the public of such animals by a circus, carnival or other exhibit or show.
(c) The keeping of such animals in a bona fide, licensed veterinary hospital for treatment.
(d) Commercial establishments possessing such animals for the purpose of sale or display.
(e) The keeping of a registered pit bull as defined in section 2-401 herein or wolf-hybrids as described in section 2-401(h). The keeping of such dogs, however, shall be subject to the following mandatory requirements:
(1) Leash and Muzzle. No person shall permit a registered pit bull dog or wolf hybrid to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a pit bull dog or wolf- hybrid to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash, Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs or wolf-hybrids on a leash outside the animals kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(2) Confinement. All registered pit bull dogs or wolf-hybrids shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs or wolf-hybrids must be locked when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house pit bull dogs or wolf-hybrids must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary conditions.
(3) Confinement Indoors. No pit bull dog or wolf-hybrid may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(4) Signs. All owners, keepers or harborers of registered pit bull dogs or wolf- hybrids within the city shall within 10 days display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign is required to be posted on the kennel or pen of such animal. (Ord. 540, Sec. 4)
2-404. EXEMPTIONS. The provisions of this chapter shall not apply to the transportation of such animals through this city, when such transporter has taken adequate safeguards to protect the public and has notified the local law enforcement agency of the proposed route of transportation and the time thereof. (Ord. 540, Sec. 4)
2-405. NOTICE OF KEEPING DANGEROUS ANIMALS. Upon the oral or written complaint of any person that a person owns or is keeping or harboring a dangerous animal in violation of this chapter in the city, any animal control officer or law enforcement officer shall forthwith cause the matter to be investigated; and if after investigation the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such dangerous animal in the city, a written notice shall be sent to such person requiring such person to safely remove the animal from the city within five days of the date of said notice. Notice as herein provided shall not be required where such dangerous animal has previously caused serious physical harm or death to any person or has escaped and is at large in which case any animal control officer or law enforcement officer shall cause the animal to be immediately seized and impounded, according to the provisions of this article, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person. (Ord. 540, Sec. 4)
2-406. SEIZURE AND IMPOUNDING OF DANGEROUS ANIMALS. Any animal control officer or law enforcement officer shall forthwith cause to be seized and impounded any dangerous animal, where the person owning, keeping or harboring such animal has failed to comply with the notice sent. Upon a seizure and impoundment, the animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.
If, during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by any animal control officer or law enforcement officer may render the animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then the animal may be killed. (Ord. 540, Sec. 4)
2-407. PERMIT REQUIRED.
(a) No person under section 2-403 owning, harboring, or having charge, custody, control or possession of any animal described in section 2- 401 hereof shall allow such animal to remain within the city unless and until he or she has first secured a permit to do so and complies with all terms and conditions of such permit; and, in addition thereto, such animal shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered.
(b) Failure to obtain a permit when required by section 2-408(a) after written notification by the chief of police or any authorized person shall be adequate grounds for the officer or official to impound the animal until a permit is obtained. If no permit is obtained within three days, the animal will be subject to summary destruction. (Ord. 540, Sec. 4)
2-408. ISSUANCE OF PERMIT. Except as hereinafter provided, no person shall have, keep, maintain, or have in his/her possession or under his or her control within the city any animal described in section 2-401 hereof without first applying to and receiving a permit from the city clerk or designated agent; provided, no permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably insure the public health, safety and general welfare, and in any event no permit shall be granted for any animal at any particular location except upon an explicit finding by the chief of police or any authorized official that the issuance thereof will not be contrary to the public health, safety and general welfare. (Ord. 540, Sec. 4)
2-409. APPLICATION FOR PERMIT. An application for any permit required pursuant to this chapter shall be made to the city clerk or designated agent in writing and upon a form furnished by the city clerk or designated agent. The application shall be verified by the person who desires to have, keep, maintain or have in his or her possession or under his or her control, in the city, the animal for which a permit is required, and shall set forth the following:
(a) Name, address and telephone numbers of the applicant.
(b) The applicant*s interest in such animal.
(c) The proposed location, and the name, address, and telephone number of the owner of such location, and of the lessee, if any.
(d) The number and general description of all animals for which the permit is sought.
(e) Any information known to the applicant concerning vicious or dangerous propensities of all such animals.
(f) The housing arrangements for all such animals with particular details as to safety or structure, locks, fencing, etc.
(g) Safety precautions proposed to be taken.
(h) Noises or odors anticipated in the keeping of such animals.
2-14 (i) Prior history of incidents involving the public health or safety involving any of the animals.
(j) Proof of insurance to cover those who may be injured or killed by the animal.
(k) A statement, signed by the applicant, indemnifying the city and its agents and employees for any and all injuries that may result from the animal.
(l) Any additional information required by the chief of police at the time of filing such application or thereafter. (Ord. 540, Sec. 4)
2-410. PERMIT FEE. The fee for a permit application shall be $50 for one dangerous animal plus an additional $10 for each additional dangerous animal. The fee for any permit application is nonrefundable. The fee shall be payable to the city clerk at the time of filing the permit application. Accretions by natural birth shall not require additional permits during the period of a valid permit. (Ord. 540, Sec. 4)
2-411. TERM AND RENEWAL OF PERMITS. No permit required by this chapter shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less than 45 days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application. (Ord. 540, Sec. 4)
2-412. INSPECTIONS AND INVESTIGATION FOR RENEWAL. Prior to the annual renewal of any permit issued hereunder after the issuance of any such permit or after its renewal, the chief of police or his or her designated representative may inspect the premises subject to such permit to determine whether the person to whom it has been issued is complying with all of the conditions specified in this chapter. In addition, the chief of police or his or her designated representative shall investigate the past history of the permit holder to determine whether during the past permit period the permit holder was in compliance with all of the conditions specified in this chapter. The investigation may include a review of department records and interviews with the permit holder and neighbors. If it is determined during any such inspection and investigation that any of the conditions therein specified are being violated or have been noted during the past permit period, he or she shall recommend denial of a renewal of any such permit, and/or he or she shall recommend revocation of such permit in the event that such violation is not corrected within such period of time as she or he shall direct. (Ord. 540, Sec. 4)
2-413. REVOCATION OF PERMITS. The chief of police may, for good cause, revoke any permit or modify any terms or provisions thereof and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing, for a period not to exceed 30 days. Failure to comply with any of the provisions of this chapter shall be sufficient grounds for revocation. (Ord. 540, Sec. 4)
2-414. APPEALS; FEES. (a) Any person aggrieved by or dissatisfied with any of the following decisions, rulings, actions or findings may, within 10 days thereafter, file a written notice or statement of appeal from the decision, ruling, action or finding to the municipal court for an administrative hearing thereon.
(1) The determination that an animal is dangerous under section 2-401 and section 2-402;
(2) The denial of a permit under section 2-408;
(3) The denial of a renewal of a previously issued permit under section 2-413;
(4) The revocation of a previously issued permit; and
(5) The temporary suspension of any permit or portion thereof.
(b) An administrative fee equal to currently established municipal court costs 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. (Ord. 540, Sec. 4)
2-415. APPEALS, ADMINISTRATIVE HEARING. The hearing on the appeal provided for in section 2-414 shall be conducted by the 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 of police, his or her designated representatives and/or any animal control officer 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. (Ord. 540, Sec. 4)
2-416. 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. (Ord. 540, Sec. 4)
2-417. APPEAL; DISTRICT COURT. Any aggrieved party may appeal the decision and findings of the municipal court judge pursuant to K.S.A. 60-2101(d) (1984 Supp.). However, the filing of an appeal under this subsection shall not stay any action taken pursuant to this chapter. (Ord. 540, Sec. 4)
2-418. 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.
2-419. VIOLATIONS AND PENALTIES. Any person violating or permitting the violation of any provision of this section shall upon conviction in the municipal court be fined a sum not less than $200 and not more than $500. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. In addition, the court shall order the registration of and permit for the subject pit bull or wolf-hybrid revoked and the dog removed from the city. Should the defendant refuse to remove the dog from the city, the municipal court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this ordinance continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article. (Ord. 540, Sec. 4)
2-420. COSTS TO BE PAID BY RESPONSIBLE PERSONS. Any reasonable costs incurred in seizing, impounding, confining or disposing of any dangerous or wild animal, pursuant to the provisions of this article shall be charged against the owner, keeper, or harborer of such animal. (Ord. 540, Sec. 4)