In Hesston, Kansas, it is unlawful to keep, harbor, own, or possess a Staffordshire bull terrier, an American pit bull terrier, or a Rottweiler. Dogs that were registered with the city on the date of publication of this ordinance may be kept within the city limits subject to certain requirements, such as using a leash and muzzle outside, confining the dog in certain ways, posting “Beware of Dog” signs, maintaining liability insurance of $50,000, and taking identification photographs. A violation may result in a fine of up to $1,000 and/or imprisonment up to 30 days.
2-125. PROHIBITION ON OWNERSHIP, KEEPING, OF CERTAIN DOG BREEDS.
(a) It shall be unlawful to keep, harbor, own, or in any way possess within the city limits the following dog breeds:
(1) Staffordshire bull terrier;
(2) American pit bull terrier;
(3) Any dog which has the appearance and characteristics of being predominately of Staffordshire bull terrier, American bull terrier, or a combination of these breeds.
(b) Any dog which has the appearance and characteristics of being predominately Rottweiler.
(c) Any of the above prohibited dogs registered with the city on the date of publication of this ordinance may be kept within the city limits subject to the standards and requirements set forth in section 2-126.
(d) There shall be a presumption that any dog registered with the city as a “pit bull”, “pit bull mix”, “Rottweiler”, or “Rottweiler mix” is in fact a dog defined in Section 2-125(a) above. (Ord. 20-2005-118; Code 2007)
2-126. STANDARDS FOR KEEPING CERTAIN DOG BREEDS; POTENTIALLY DANGEROUS AND VICIOUS DOGS.
(a) The following standards shall apply to all dogs prohibited in Section 2-125 but allowed within the City due to timing of the ordinance; and also to potentially dangerous and vicious dogs as defined in Section 2-115.
(1) Leash and Muzzle. - No person shall permit these dogs to go outside
their kennel or pen unless such dogs are securely leashed with a leash no longer than four feet in length. No person shall permit these dogs to be kept on a chain rope or other type of leash outside their 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 such dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.
(2) Confinement. - These dogs shall be securely confined indoors or in a securely enclosed and locked pen, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and secure top attached to the sides. All structures used to confine these dogs must be locked with a key or combination lock 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 not less than two feet.
(3) Confinement Indoors. - None of these dogs may be kept on a porch, patio or in any part of a house or structure that would allow the dogs to exit such a building on its own volition. In addition, no such dog 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 animal from exiting the structure.
(4) Signs. - All owners, keeper or harborers of these dogs within the City shall within 10 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.
(5) Insurance. - All owners, keepers or harborers of these dogs must within 21 days of the effective date of this ordinance provide proof to the City Clerk of public liability insurance in a single incident amount of $50,000 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 Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is first given to the City Clerk.
(6) Identification Photographs. - All owners, keepers or harborers of these
dogs must within 10 days of the effective date of this ordinance provide to the City Clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.
(7) Reporting Requirements. - All owners, keepers or harborers of these dogs must within 10 days of the incident, report the following information in writing to the City Clerk as required hereafter:
(A) The removal from the city or death of the dog;
(B) The new address of the dog owner or keeper should the owner move within the corporate city limits.
(8) Sale or Transfer of Ownership Prohibited. Sale – No person shall sell, barter, or in any way dispose of these dogs to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of these dogs may sell or otherwise dispose of a registered dog or offspring of such dog to persons who do not reside in the City.
(9) Animals Born of Registered Dogs. All offspring born of dogs prohibited in section 3 must be removed from the city within 10 weeks of the birth of such animal.
(10) Violations and Penalties. Any person violating or permitting the violation of any provisions of this section shall upon conviction in municipal court be fined a sum not less than $100.00 and not more than $1,000.00. In addition to the fine imposed the court may sentence the defendant to imprisonment in the county jail fro a period of not to exceed 30 days. In addition, the court shall order the registration of the subject dog 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 section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article. (Ord. 020-2005-118; Code 2007)