In Overland Park, Kansas, no person shall own, keep, or harbor any pit bull dog or wolf-hybrid (Tundra Shepherd), with exceptions, such as for education, study, veterinary care, display or sale. Dogs registered prior to the effective date of this Ordinance may be kept as long as the dog is properly confined, a leash and muzzle are used, a “Beware of Dog” sign is posted, liability insurance of $300,000 is kept, and identification photographs are taken. A violation may result in a fine of up to $1,000 and/or imprisonment up to 30 days.
6.10.030 Exceptions; Permit and Registration Requirements.
6.10.050 Notice of Keeping Dangerous Animals.
6.10.060 Seizure and Impounding of Dangerous Animals.
6.10.070 Permit Required .
6.10.080 Issuance of Permit.
6.10.090 Application for Permit.
6.10.100 Permit Fee.
6.10.110 Temporary Permits; Powers of Animal Control Officer.
6.10.120 Term and Renewal of Permits.
6.10.130 Inspections, Investigations, and Issuance of Renewal Permits.
6.10.140 Revocation and Suspension of Permits.
6.10.150 Commercial Establishments.
6.10.160 Appeals; Fees.
6.10.165 Appeals, Administrative Hearing.
6.10.166 Subpoena Power.
6.10.168 Appeal; District Court.
6.10.180 Violations and Penalties.
6.10.190 Costs to be Paid by Responsible Persons.
A. For the purposes of this chapter "dangerous animal" means and includes
1. 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, lions, tigers, leopards, panthers, bears, wolves, apes, gorillas, monkeys of a species whose average adult weight is 20 pounds or more, foxes, elephants, alligators, crocodiles, and 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.
2. 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 the Chief Animal Control Officer or City Clerk indicate a dog or cat has bitten any person or persons, it shall be prima facie evidence that said dog or cat is a dangerous animal.
3. Any pit bull dog. "Pit bull dog" is defined to mean any and all of the following dogs:
a. The Staffordshire Bull Terrier breed of dogs;
b. The American Staffordshire Terrier breed of dogs;
c. The American Pit Bull Terrier breed of dogs;
d. Dogs which have the appearance and characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.
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.
4. 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.
B. "Person" includes any natural person, association, partnership, organization or corporation.
(History: Ord. DAC-1871 §1, 94; DAC-1735 §4, 92; DAC-1625 §1, 89; DAC-1494 §1, 87; DAC-1442 §1, 87; DAC-1426 §1, 87; DAC-1309 §1, 85; DAC-1284; DAC-880)
Except as provided in 6.10.030 and 6.10.040, no person shall own, keep, or harbor any dangerous animal in the City of Overland Park.
(History: Ord. DAC-1309 §2, 85)
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 6.10.010 hereof, provided he/she has first secured a permit under 6.10.070; provided further that owners, keepers or harborers of "pit bull dogs" or wolf-hybrids authorized to be kept pursuant to the provisions set forth below in subsection E, shall also be required to register their animals in accordance with the provisions of this ordinance and Title 6 of the Overland Park Municipal Code:
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 6.10.010 herein or wolf-hybrids as described in 6.10.010(4), provided the animal was registered with the City prior to the effective date of this Ordinance. The keeping of such animals, 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 (4) 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 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 no less than two (2) 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 condition.
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 ten (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 registered pit bull dogs or wolf- hybrids must within ten (10) days of the effective date of this ordinance provide proof to the City Clerk of public liability insurance in a single incident amount of $300,000.00 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 animal. At the time of initial registration the owner, keeper or harborer must present proof to the City Clerk of the required insurance. At the time of subsequent registration the owner, keeper or harborer must show proof of insurance for the present registration period and proof that there was insurance coverage throughout the period of the prior registration year.
In the event said liability insurance is canceled, lapsed, or for any other reason becomes non-enforceable, said owner, keeper, or harborer shall be in violation of the provisions of this ordinance and subject to the penalties provided herein.
6. Identification Photographs. All owners, keepers or harborers of registered pit bull dogs or wolf-hybrids must within ten (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 registered pit bull dogs or wolf-hybrids must within ten (10) days of the incident, report the following information in writing to the City Clerk as required hereinafter:
a. The removal from the City or death of a registered pit bull dog or wolf- hybrid;
b. The birth of offspring of a registered pit bull dog or wolf-hybrid;
c. The new address of the registered pit bull dog or wolf-hybrid owner should the owner move within the corporate City limits.
8. Animals Born of Registered Dogs. All offspring born of pit bull dogs or wolf- hybrid, registered with the City must be removed from the City within six (6) weeks of the birth of such animal.
9. Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog or wolf-hybrid registered with the City Clerk to fail to comply with the requirements and conditions set forth in this ordinance. Any dog found to be the subject of a violation of this ordinance shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal and the permit providing for the keeping of such animal resulting in the immediate removal of the animal from the City.
(History: Ord. DAC-2621 §1, 2006; DAC-1871 §2, 94; DAC-1625 §2, 89; DAC-1442 §2, 87; DAC-1309 §3, 85; DAC-880 §14)
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.
(History: Ord. DAC-1309 §4, 85)
Upon the 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, the Chief Animal Control Officer or his/her authorized deputy 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, he shall forthwith send written notice to such person requiring such person to safely remove said 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 the Chief Animal Control Officer shall cause said animal to be immediately seized and impounded, according to the provisions of 6.10.060, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(History: Ord. DAC-1481 §1, 87; DAC-1309 §5, 85)
6.10.060 Seizure and Impounding of Dangerous Animals.
The Chief Animal Control Officer or his/her authorized deputy 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 pursuant to 6.10.050. 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.
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 Animal Control Officer 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.
(History: Ord. DAC-1309 §6, 85)
A. No person under 6.10.030 owning, harboring, or having charge, custody, control or possession of any animal described in 6.10.010 hereof, shall allow such animal to remain within the City unless and until he/she has first secured a permit so to do 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 subsection A after written notification by the Chief Animal Control Officer or his/her authorized deputy shall be adequate grounds for said officer or deputy to impound said animal until a permit is obtained. If no permit is obtained within ten days, said animal will be subject to summary destruction.
(History: Ord. DAC-1309 §7, 85; DAC-1284 §2)
Except as hereinafter provided, no person under 6.10.030 shall have, keep, maintain, or have in his/her possession or under his/her control within the City any animal described in 6.10.010 hereof without first applying to and receiving a permit from the City Clerk; 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 Animal Control Officer or his/her authorized deputy that the issuance thereof will not be contrary to the public health, safety and general welfare.
(History: Ord. DAC-1309 §8, 85; DAC-880 §6)
An application for any permit required pursuant to this chapter shall be made to the City Clerk in writing and upon a form furnished by the City Clerk. Said application shall be verified by the person who desires to have, keep, maintain or have in his/her possession or under his/her control, in the city, the animal for which a permit is required, and shall set forth the following:
A. Name, address and telephone number 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.
I. Prior history of incidents involving the public health or safety involving any of said animals.
J. Proof of insurance to cover those who may be injured or killed by said 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 said animal.
L. Any additional information required by the Chief Animal Control Officer at the time of filing such application or thereafter.
(History: Ord. DAC-1309 §9, 85; DAC-880 §7)
The fee for a permit application shall be $20 for one dangerous animal plus an additional $5 for two or more dangerous animals. The total fee shall not exceed $25 for any one permit application and is nonrefundable. Said 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.
(History: Ord. DAC-1309 §10, 85; DAC-880 §8)
The Chief Animal Control Officer may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the city of any such animal upon such conditions as he/she shall, in his/her sole discretion, require when, in his/her opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare, but no such animal shall be otherwise kept or maintained within this city or permitted to occupy any premises within this city except while such a regular or temporary permit is in full force and effect; Provided, however, that any law enforcement officer or the Chief Animal Control Officer, or his authorized deputy, shall take possession of any animal described under 6.10.010 for which a permit has not been issued and keep the same until the proper permit has been secured by the owner or keeper thereof and shall release the same to the owner or keeper when all fees and costs have been paid and all laws and permit conditions complied with.
(History: Ord. DAC-1309 §11, 85; DAC-880 §10)
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.
(History: Ord. DAC-1309 §12, 85; DAC-880 §11)
Prior to the annual renewal of any permit issued hereunder and at least once not more than six months after the issuance of any such permit or after its renewal, the Chief Animal Control Officer or his designated representative shall inspect the premises subject to such permit to determine whether the person to whom it has been issued is continuing to comply with all of the conditions specified in this chapter. In addition, the animal control officer 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 the Chief Animal Control Officer determines 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/she shall recommend denial of a renewal of any such permit, and/or he/she shall recommend revocation of such permit in the event that such violation is not corrected within such period of time as she/he shall direct. Upon completion of the investigation and review process provided herein, the Chief Animal Control Officer shall recommend to the City Clerk that the dangerous animal permit be renewed or that the renewal application be denied. If the recommendation is to deny the permit, the basis for the denial shall be included in the recommendation report.
(History: Ord. DAC-2207 §1, 2000; DAC-1735 §5, 92; DAC-1309 §13, 85; DAC-880 §12)
The City Clerk, upon recommendation of the Chief Animal Control Officer 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 considered good cause for revocation or suspension of a permit.
(History: Ord. DAC-2207 §2, 2000; DAC-1309 §14, 85; DAC-880 §13)
A. Commercial establishments possessing such animals for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in excess of the number thereof allowed by the terms of such permit. Such establishments may, in the discretion of the Chief Animal Control Officer, be granted a permit for those such numbers of each kind of animal as do not exceed the maximum number such establishment estimates will be maintained by it in this City at any one time during the period of the permit. Such permit shall require the immediate notification of the Chief Animal Control Officer upon the acquisition of any animal having a prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage.
B. Upon the sale of any dangerous animal, said commercial establishment shall immediately send notification of said sale along with the name and address of the buyer, the method of transporting the animal, the path of travel of such transportation, and the destination to the Chief Animal Control Officer.
(History: Ord. DAC-1309 §15, 85; DAC-880 §15)
A. Any person aggrieved by or dissatisfied with any of the following decisions, rulings, actions or findings may, within ten days thereafter, file a written notice or statement of appeal from said decision, ruling, action or finding to the Overland Park Municipal Court for an administrative hearing thereon.
1. The determination that an animal is dangerous;
2. The denial of a permit;
3. The denial of a renewal of a previously issued permit;
4. The revocation of a previously issued permit; and
5. The temporary suspension of any permit or portion thereof.
B. An administrative fee of $10.00 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.
(History: Ord. DAC-2207 §3, 2000; DAC-1309A §1, 86; DAC-1309 §16, 85; DAC-880 §16)
The hearing on the appeal provided for in 6.10.160 shall be conducted by an Overland Park 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 Animal Control Officer and/or the City Clerk 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.
(History: Ord. DAC-1309A §2, 86)
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.
(History: Ord. DAC-1309A §3, 86)
6.10.168 Appeal; District Court.
Any aggrieved party may appeal the decision and findings of the Overland Park 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.
(History: Ord. DAC-1309A §4, 86)
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.
(History: Ord. DAC-1309 §17,85; DAC-880 §17)
Any person violating or permitting the violation of any provision of this ordinance shall upon conviction in the Municipal Court be fined a sum not less than $200 and not more than $1,000. 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 ordinance.
(History: Ord. DAC-1625 §3, 89; DAC-1442 §3, 87; DAC-1309 §18, 85; DAC-880 §18)
Any reasonable costs incurred by the Chief Animal Control Officer in seizing, impounding, confining or disposing of any dangerous or wild animal, pursuant to the provisions of 6.10.050, 6.10.060, 6.10.070 or 6.10.110 shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the City Clerk.
(History: Ord. DAC-1309 §20, 85)