Roeland Park, Kansas, prohibits keeping, harboring, or owning a pit bull dog, including Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or any dog that has the appearance and characteristics of being one of those breeds. Pit bulls that were in the city prior to 1988 are exempted, provided that the owner complies with certain requirements. Failure to comply may result in seizure and impoundment of a dog, fines between $200 and $500, and imprisonment for up to 30 days.
(a) It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to keep, harbor, own or in any way possess within the corporate limits of the city any pit bull dog.
(b) For purposes of this section, a pit bull dog is defined as:
(1) 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.
(c) The provisions of subsection (a) shall not include any pit bull dog kept, harbored, owned or in any possessed within the corporate limits of the city prior to July 28, 1988, provided the following conditions are satisfied:
(1) The owner of such dog establishes that such dog was kept within the corporate limits of the city prior to July 28, 1988;
(2) The owner of such dog has registered the dog and the address where the dog is kept with the city clerk prior to September 1, 1998;
(3) The owner, keeper, harborer or possessor of a pit bull dog continuously satisfies the conditions provided in subsection (d) hereof.
(d) The keeping of a pit bull dog under the provisions of subsection (c) hereof shall be subject to the following standards:
(1) Leash and Muzzle. No person shall permit a registered pit bull dog 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 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 on a leash outside the animal's 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 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 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 feet. All structures erected to house pit bull dogs 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 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 within the city shall within 10 days of the effective date of Ordinance No. 501, 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 must within 10 days of the effective date of Ordinance No. 501, furnish to the city clerk proof 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 person which may result from the ownership, keeping or maintenance of such animal. 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 registered pit bull dogs must within 10 days of the effective date of Ordinance No. 501, provide to the city clerk two color photographs of the registered animal taken from different angles clearly showing the color and approximate size of the animal.
(7) Reporting Requirements. All owners, keepers or harborers of registered pit bull dogs must, within 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;
(B) The birth of offspring of a registered pit bull dog;
(C) The new address of a registered pit bull dog owner should the owner
move within the corporate city limits.
(8) Sale or Transfer of Ownership Prohibited. Sale— Nopersonshalsel,
barter or in any other way dispose of a pit bull dog registered with the city 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 a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the city.
(9) Animals Born of Registered Dogs. All offspring born of pit bull dogs registered with the city must be removed from the city within six weeks of the birth of such animal.
(10) Irrebuttable Presumptions. There shall be an irrebuttable presumption that any dog registered with the city as a pit bull dog or any of those breeds prohibited by section 2-211 is in fact a dog subject to the requirements of this article.
(11) Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered within the city to fail to comply with the requirements and conditions set forth in this article. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment.
In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city.
(12) Violations and Penalties. Any person violating or permitting the violation of any provision of this article shall, upon conviction in 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 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 find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this article 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.
(13) Severability. If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.
(Ord. 501, Sec. 1)