In Dodge City, Kansas, it is illegal to own, keep, harbor, or possess a pit bull dog, with an exception for dogs registered with the city of Dodge City, whose owners obtain a permit and comply with certain standards. Such requirements include keeping the dog confined, and if outside of a pen, the use of a leash and a special collar, microchipping, "Beware of Dog" signs, and $100,000 liability insurance, and identification photographs. Violations may result in the seizure, impoundment, and/or removal of a dog from the city. A violation may incur a fine of $2,500 and/or imprisonment of up to one year.
2-402 . DEFINITIONS.
2-403 . PROHIBITION.
2-404 . EXCEPTION.
2-405 . STANDARDS AND REQUIREMENTS.
2-406 . SALE OF TRANSFER OF OWNERSHIP PROHIBITED.
2-407 . DUTY OF OWNERS: FAILURE TO COMPLY.
2-408 . COSTS TO BE PAID BY RESPONSIBLE PERSONS.
2-409 . ADMINISTRATION AND ENFORCEMENT.
2-410 . PENALTIES.
2-401. WHEREAS, Local governmental powers to regulate the ownership within the community; and
WHERESS, The Kansas Supreme Court has determined that pit bull dogs:
(a) represent a unique public health hazard not presented by other breeds or mixes of dogs;
(b) possess both the capacity for extraordinary savage behavior and physical capabilities in excess of those possessed by many other breeds or mixes of dogs; and
(c) have an unpredictable nature;
WHEREAS, The governing body finds that pit bull dogs are uniquely dangerous dogs and desires to enhance the public health, safety, and welfare by prohibiting their ownership and possession within the city limits, with certain exceptions.
The following words and phrases when used in this ordinance, shall have the meanings respectively, ascribed to them:
(1) "Enforcement Authority" means the City Manager, Chief of Police, Animal Control supervisor and their respective designees.
(2) "Pit Bull Dog" is defined to mean any and all of the following dogs:
(a) The Staffordshire Bull Terrier breed of dog;
(b) The American Staffordshire Terrier breed of dogs;
(c) The American Pit Bull Terrier breed of dog;
(d) Any other breed commonly known as Pit Bull, Pit Bull Dog, or Pit Bull Terrier;
(e) Dogs which have the appearance and characteristics of being predominantly of the breed of dogs known as Stafforshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier.
The registration of a dog with a dog association or in any governmental jurisdiction as a pit bull or any of the dogs listed above shall constitute prima facie evidence the animal is prohibited by this ordinance.
No person shall own, keep, harbor, or in any way possess a pit bull dog within the city limits of Dodge City, Kansas. The City Manager shall implement administrative regulations related to standards and requirements to protect the public safety governing nonresident possession of a pit bull dog within the city limits on a temporary basis.
Pit bull dogs located within the city limits and lawfully registered with the City of Dodge City in full compliance with the provisions of this ordinance may be kept within the city limits upon strict compliance with the standards an requirements set forth in Section 4.
The keeping of a pit bull dog eligible for the exception under Section 1 shall be subject to the following mandatory requirements:
(1) Special Permit Required A special annual permit shall be required for keeping of any pit bull dog eligible for the exception under Section 1. No permit shall be granted except with such conditions attached as shall, in the opinion of the enforcement authority, reasonably protect the public health, safety and welfare. A temporary permit may be issued following application and pending final disposition of the application. Permits shall only be issued to adults.
(2) Application for Permit An application for a pit bull dog permit pursuant to this ordinance shall be made no later than 30 days following the effective date of this ordinance. The application shall be on forms provided by the City, with its form, content and submittal requirements to be determined by the City Manager.
(3) Permit Fee An initial application fee for an annual permit shall be Fifty Dollars ($50.00) for each pit bull dog, which fee will include the annual license for the first year. Annual renewal fee shall be Five Dollars ($5.00) for each pit bull dog for the purchase of a license each year as required by all other dog owners residing within the city.
(4) Standard and Requirements The keeping of a specially permitted pit bull dog in the City limits shall be subject to the following mandatory requirements, in addition to compliance with all other state and local laws and regulations:
(a) Leash Requirement Outside of Pen. No person shall permit a pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer that six (6) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless an adult physically capable of controlling the dog is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, or buildings.
(b) Confinement. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel. Such pen or kennel must meet administrative regulations for construction and location standards established by the City Manager. All structures used to confine specially permitted pit bull dogs must be locked by a key or combination lock when such animals are within the structure.
(c) Confinement Indoors. No pit bull dog 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.
(d) Microchipping. All pit bull dogs shall have an identification microchip implanted in the dog which is compatible with city detection equipment. Such microchipping shall be accomplished by a licensed veterinarian or by the Dodge City Animal Shelter as part of the special permitting process. The applicant for a special permit under this ordinance shall file proof of microchipping if it has already taken place or has been accomplished outside the permitting process, in which case the initial application fee will be reduced by $15.00.
(e) Signs. All owners of pit bull dogs shall within 30 days of the effective date of this ordinance 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.
(f) Special Collar. All pit bull dogs shall be required to wear a special designated numbered collar at all times when not confined indoors. The collar shall be visible on the dog when it is in a kennel or pen, or on a leash.
The collar shall be one issued by the City during the special permit process. If the numbered collar is lost, stolen or damaged to the extent the number is not easily visible, the owner must immediately purchase a replacement collar from the city.
(g) Insurance. All owners of pit bull dogs shall, within thirty (30) days of the effective date of this ordinance obtain and have in effect public liability insurance in a single incident amount of not less than $100,000 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such pit bull dog. In addition, such insurance policy shall provide for medical pay coverage protection in an amount of not less than $5,000 for any bodily injury sustained by any person which is caused by a pit bull dog owned by or in the care of the insured person. At the time of initial application for a special permit, the owner, keeper or harborer must present proof of the required insurance. At the time of each subsequent registration renewal, the owner, keeper, or harborer shall show proof of insurance for the present registration period and proof that there was continuous insurance coverage through the period of the prior special permit year. In the event said liability insurance is canceled, lapsed or for any other reason becomes nonenforceable, said owner, keeper or harborer shall be in violation of the provisions of this ordinance. The owner , harborer or keeper shall notify the city within ten (10) days of any cancellation, lapse or non-enforceablity of this insurance. And provide proof substitute coverage has been obtained. The insurance may be in the form of a special liability policy or a standard homeowners or renters insurance policy from a Kansas licensed insurer which does not have a provision limiting or excluding coverage due to pit bull dog ownership.
(h) Identification Photographs. All owners of pit bull dogs shall make available the dog during the special permit process in order to allow the city to obtain digital photographs of the registered animal for identification purposes.
(i) Reporting Requirements. All owners of specially permitted pit bull dogs shall, within ten (10) days of the occurrence, report the following information in writing to the city:
(1) The removal from the City limits or death, theft or loss of a specially permitted pit bull dog.
(2) The birth of offspring of the specially permitted pit bull dog.
(3) The new address of the premises where the pit bull dog is kept or harbored should the owner move within the city limits.
(j) Written Notices. All notices required to be given to the city in writing shall be directed to the director of the Dodge City Animal Shelter and delivered to either the shelter or the City Clerk. Such delivery shall be made in person or by the United States Postal Service via regular mail or certified mail.
(k) Animals Born to Specially Permitted Dogs. All offspring born of pit bull dogs specially permitted within the city must be removed from the city limits within twelve (12) weeks of their birth.
No person shall sell, barter or in any other way transfer ownership of a pit bull dog to any person within the city limits unless the recipient person is an adult permanently residing in the same household and on the same premises as the owner issued the special permit.
The purpose of the requirements in this ordinance governing pit bull dogs is to prevent attacks, injuries or deaths by mandating use of control methods. It is the positive duty of any owner of a pit bull dog to take all necessary steps to comply with this ordinance. It is unlawful for the owner of a pit bull dog and any person claiming to be responsible for said pit bull dog as agent of the owner. Any dog found to be the subject of a violation of this ordinance may be subject to immediate seizure and impoundment. If the dog is not immediately seized and impounded, the officer shall instruct the owner to keep said dog confined in a securely closed and locked pen or kennel until such time as the court may order seizure and impoundment. Neither the owner, nor any other person, may remove said dog from said secure pen or kennel without the written permission of either the animal control director or judge of the municipal court. Failure to comply with any provision of this ordinance shall also be considered good cause for the revocation of any license or special permit issued allowing for the keeping of the subject dog, resulting in the immediate removal of the animal from the city.
Any reasonable costs incurred by the city in seizing, impounding, confining or disposing of any pit bull dog pursuant to the provisions of this ordinance shall be charged against the owner of such animal and shall be subject to collection by any lawful means. If the owner of the animal is found guilty of a violation of this ordinance, said above-mentioned expenses shall be assessed as costs in said court action.
It shall be the duty of the City Manager, through the enforcement authority to administer and enforce the provisions of this ordinance. The City Manager shall have authority to establish reasonable administrative regulations, policies and procedures as needed to effectively carry out the spirit and intent of this ordinance.
Whenever in this ordinance any act is prohibited or is declared to be unlawful or the performance of any act is required or the failure to do any act is declared to be unlawful, the violation of any provision of any provision of this ordinance shall be punished by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment for a period not exceeding one (1) year, or by both fine and imprisonment, at the discretion of the court. Each day any violation of this ordinance continues shall constitute a separate offense. (ORD. NO.3382)