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Kansas - Spring Hill

City Code, Spring Hill, ARTICLE 4. INHERENTLY DANGEROUS OR DESTRUCTIVE ANIMALS, 2-402. PROHIBITED ANIMALS - GENERALLY.

Last Checked by Web Center Staff: 06/2012
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
Printable Version

Citation: SPRING HILL, KS., CITY CODE §§ 2-401 - 2-404 (2008)

Summary:  
Spring Hill, Kansas, considers pit bull dogs to be inherently dangerous and makes it unlawful to keep, harbor, own or possess any pit bull dog. Any dog in violation may be immediately seized and impounded. even killed if necessary. A violation may result in a $500 - $2,000 fine and imprisonment for up to 179 days. The dog will also have to be removed from the city.


Ordinance Text in Full:

2-401. LEGISLATIVE FINDINGS.

2-402. PROHIBITED ANIMALS - GENERALLY.

2-404. VIOLATIONS AND PENALTIES.

 

2-401. LEGISLATIVE FINDINGS.

The Governing Body of the City of Spring Hill finds and determines:

A. Warm blooded, carnivorous or omnivorous, wild or exotic animals; and poisonous animals.

1. That said animals are inherently dangerous or destructive.

2. That the possession of said animals with the city pose a significant threat to the public's health, safety and welfare.

B. Pit Bull Dog.

1. That as a breed of dogs, all pit bulls are inherently dangerous.

2. That the possession of pit bulls within the City poses a significant threat to the public's health, safety and welfare.

3. That numerous instances of attacks by pit bulls have occurred against members of this community and attacks by pit bulls in surrounding communities have resulted in serious injuries.

4. That protective measures by pit bull owners are inadequate to protect the public from attacks by these animals.

(Ord. 2008-03)

2-402. PROHIBITED ANIMALS - GENERALLY.

It is unlawful to keep, harbor, own or in any way possess within the corporate limits of the city:

A. Any warm-blooded, carnivorous or omnivorous, wild or exotic animal, including, but not limited to, nonhuman primates, raccoons, skunks, foxes and wild and exotic cats, but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes;

B. Any animal having poisonous bites;

C. Any pit bull dog.

(1) "Pit bull dog" means:

a. The bull terrier breed of dog;

b. The Staffordshire bull terrier breed of dog;

c. The American pit bull terrier breed of dog;

d. The American Staffordshire terrier breed of dog;

e. Dogs of mixed breed or of other breeds than above-listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;

f. Any dog which has the appearance and characteristics of being predominantly of the breeds of Bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.

(2)    Failure to Comply.

a. Whenever law enforcement officers or animal control officers of the City or anyone having the authority of an animal control officer, has reasonable grounds to believe that any dog is in violation of this Section, the dog shall be subject to immediate seizure and impoundment.

b. A prominent written notice shall be left on or in the premises occupied by the dog advising that the animal has been removed under the authority of this section and impounded.

c. Upon a seizure and impoundment said 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.

d. 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 the Chief of Police may render said animal immobile by means of tranquilizers or other safe drugs or if that is not safely possible, then said animal may be killed.

e. Any reasonable costs incurred by the Chief of Police in seizing, impounding and for confining any pit bull, shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the City of Spring Hill. Such charges shall be in addition to any fine or penalty provided for violating this ordinance.

(Ord. 2008-03)

2-404. VIOLATIONS AND PENALTIES.

1. Any person violating or permitting the violation of any provision of this ordinance shall, upon conviction in municipal court, be fined in a sum of not less than two hundred dollars and not more than two thousand five hundred dollars ($2,500). In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed one hundred seventy nine (179) days. In addition, the court shall order the registration of the subject pit bull revoked and the dog removed from the city. Should the defendant refuse to remove the dog from the city, the municipal court judge shall have the authority to hold the defendant owner in contempt and order the immediate confiscation and impoundment of the animal.

2. Each day that a violation of this chapter continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this section.

(Ord. 2008-03)

 

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