(First published in the Hugoton Hermes, February 10, 2005)
(PIT BULL ORDINANCE)
ORDINANCE NO. 720
AN ORDINANCE PROHIBITING OR REGULATING THE OWNING OR KEEPING OF DANGEROUS ANIMALS INCLUDING PIT BULL DOGS PROVIDING FOR PERMITS FOR CERTAIN DANGEROUS ANIMALS, AND PROVIDING PENALTIES FOR VIOLATIONS.
Be it Ordained by the Governing Body of the City of Hugoton, Kansas:
SECTION 1. DEFINITIONS. For purposed of this ordinance, the following definitions shall apply:
A. "Dangerous animal" means any of the following:
(1) Any mammal, amphibian, fish, reptile, or fowl of a species which due to size, vicious nature, or other characteristics would constitute a danger to human life or physical well-being or to animals.
(2) Any animal having a known disposition or propensity to attack, bite, or injury any person or animal without provocation. Where the official records of the Animal Control Officer, City Clerk, Police Department, or Clerk of the Municipal Court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that said animal is a dangerous animal.
(3) Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting.
(4) Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty and when such animal has the apparent ability to cause injury or harm to such officer.
(5) Any pit bull dog. "Pit bull dog" means any and all 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 dog; (d) any other breed commonly known as Pit Bull, Pit Bull Dog or Pit Bull Terrier; or (e) Dogs which have the appearance and characteristics of being predominately of the breeds of dogs known as the Staffordshire Bull Terrier, the American Staffordshire Terrier, or the American Pit Bull Terrier.
The registration of a dog at any time in any jurisdiction as any of the dogs listed above shall constitute prima facie evidence the animal is a pit bull dog.
B. "Person" includes any natural person, association, partnership, organization, or corporation.
C. "Own" or "keep" means to own, keep, harbor, control, manage, possess, maintain, or have charge or custody of or provide care for.
D. "Owner" or "Keeper" means any person who owns or keeps a dangerous animal.
E. "Registered pit bull dog" means a pit bull dog for which a permit has been properly obtained within thirty days of the effective date of this ordinance and in accordance with Section 5.
SECTION 2: PROHIBITION. Except as provided in Section 3 and 4, no person shall own or keep any dangerous animal in the City of Hugoton.
SECTION 3: EXCEPTIONS. Any person who meets any of the following exceptions shall be permitted to own or keep an animal described in Section1 provided that such person has first properly obtained a permit for the animal as provided in Section 5 and provided that an owner or keeper of a pit bull dog shall also be required to comply with all licensing and vaccination requirements imposed by other ordinances for dogs.
A. The keeping of such animal in zoos, bona fide education or medical institute , museum, 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 animal for exhibition to the public by a circus, carnival, or other exhibit or show.
C. The keeping of such animal in a bona fide, licensed veterinary hospital for treatment.
D. Commercial establishments possessing such animal for the purpose of sale or display.
E. The owning or keeping of a registered pit bull dog subjects to the following requirements
(1) Leash. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length. No person shall permit a put bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless an adult person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, or building.
(2) Muzzle. No person shall permit a registered pit bulldog to go outside it kennel or pen unless such animal is securely muzzled by a muzzling devise sufficient to prevent such animal from biting persons or other animals.
(3) Confinement. All registered pit bull dogs shall be securely confined indoors or, if outdoors, in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen or kennel shall 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 lock or combination lock when such animal s 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 clean and sanitary condition.
(4) Confinement Indoors. No pit bull dog may be kept on a porch, patio, or any part of a house or structure or in any manner 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.
(5) SIgns. All owners or keepers of registered pit bull dogs with in the City shall within thirty 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 shall be posted on the kennel or pen of such animal.
(6) Special Collar. All registered pit bull dogs shall be required to wear a bright orange collar at all times when not confined indoors. The collar shall be visibly on the dogs when it is in a kennel or pen or on a leash.
(7) Microchipping. All registered pit bull dogs shall have an identification microchip implanted. Such microchipping shall be accomplished by a licensed veterinarian.
(8) Reporting Requirements. All owners or keepers of registered pit bull dogs must within ten days of any of the following incidents 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 to a registered pit bull dog; or
(c) The move of the owner or keeper or the move of a registered pit bull dog to a new location within the City limits. In such case, the new address of the registered pit bull dog and that of the owner or keeper shall also be reported to the City Clerk.
(9) Offspring. All offspring born or registered pit bull dogs must be removed from the City within six weeks of the birth of such offspring.
SECTION 4. EXEMPTIONS. The prohibition of Section 2 shall not apply to:
A. The transportation of dangerous animals through the City when the person transporting such animal has taken adequate safeguards to protect the public and has notified Chief of Police of the proposed route of transportation and the time thereof; or
B. The keeping of any dangerous animal by the City or its designees in the enforcement of this Ordinance.
SECTION 5. SPECIAL PERMIT REQUIRED. A special annual permit shall be required for owning or keeping any pit bull dog eligible for exceptions under Section3, E. Permits shall be issued only to adults and only to the person who is the owner or keeper of the animal. Permits shall be granted according to the following procedures:
A. An initial application for a pit bull dog permit pursuant to this ordinance shall be made to the City Clerk no later than thirty days following the effective date of this ordinance. A permit shall be valid for twelve months. An application for a permit shall be made for each twelve-month period thereafter and shall be made prior to the expiration of the previous twelve-month period. Applications shall be made on a form provided by the City. No permit shall be granted to any owner or keeper of a pit bull dog who has not properly obtained a permit with thirty days following the effective date of this ordinance.
B The application shall contain the following information: (1) The name, address, and telephone number of the applicant. (2) A statement that the applicant is the owner or the keeper of the animal (3) The name, address, and telephone number of any other owner or keeper of the animal. (4) The address of the location where the animal will be kept. (5) A general description of the animal for which the permit is sought. (6) An acknowledgement of receipt of a copy of this ordinance. (7) A signature by each owner or keeper of the animal.
C. The application shall be accompanied by:
(1) Proof of public liability insurance in a single incident amount of $100,000.00 for bodily injury to or death of any person or persons or for damages to property owned by any persons which may result from owning or keeping a pit bull dog. At the time of the initial application, the owner or keeper must show proof to the City Clerk of the required insurance. At the time of any subsequent application, the owner or keeper must show proof of insurance for the present application period and proof that there was insurance for the present application period and proof that there was insurance coverage throughout the period of the previous year. In the event said liability insurance is cancelled, lapsed, or for any other reason becomes non-enforceable, the owner or keeper shall be in violation of the provisions of this ordinance.
(2) Two identical color photographs of the animal taken within the previous thirty days clearly showing the color and approximate size of the animal.
(3) Proof of microchipping.
(4) A photo identification for each owner or keeper of the animal.
D. Annual permit fee shall be $50.00 for each pit bulldog. Permit fees are not refundable.
SECTION 6. SALE OR TRANSFER PROHIBITED. No person shall sell, give, or in any other way transfer a pit bull dog to any person within the City limits.
SECTION 7. FAILURE TO COMPLY. It shall be unlawful for the owner or keeper of any dangerous animal to fail to comply with the requirements and conditions of this ordinance.
SECTION 8. NOTICE OF VIOLATION. When the Animal Control Officer has knowledge of a possible violation of this ordinance, the Animal Control Officer shall forthwith cause the matter to be investigated. If after investigation there are reasonable ground to believe there has been a violation of this ordinance, the Animal Control Officer shall forthwith deliver written notice to the owner or keeper of the animal that is the subject of the violation requiring such person to safely remove said animal from the City within five days of the date of said notice. Such owner or keeper shall remove said animal from the City within the required time. Such a notice shall not be required when a dangerous animal has caused serious physical harm or death to any person or has escaped and it at large in which case the Animal Control Officer shall cause said animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person or animal.
SECTION 9. SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS. The Animal Control Officer, with the approval of the Chief of Police, shall forthwith caused to be seized and impounded any dangerous animal when the owner or keeper of such animal has failed to comply with the notice sent pursuant to Section 8. Upon seizure and impoundment, the Animal Control Officer shall cause a complaint to be filed in the municipal court against the owner or keeper of the subject animal and said animal shall be delivered to a place of confinement approved by the Chief of Police and kept until further order of the municipal court.
SECTION 10. APPEALS
A. Any person aggrieved by any of the following decisions, rulings, actions, or findings of the City may, within ten days thereafter, file a written notice of appeal from said decision, ruling, action, or finding to the Hugoton Municipal Court for an administrative hearing thereon:
(1) The determination that an animal is a dangerous animal;
(2) The denial of a permit; or
(3) The revocation of a permit.
B. An administrative fee of $10.00 shall be paid to the Municipal Court Clerk for each appeal to the Municipal Court. 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 ordinance.
D. The hearing on the appeal shall be conducted by the judge of Hugoton Municipal Court who shall act as an administrative judge for this purpose of this ordinance. The sole issue for determination shall be whether the decisions, rulings, actions, or findings of the 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.
E. Pursuant to its role as administrative judge, the court is empowered to hold hearings, subpoena witnesses, take testimony, and require the production of any evidence relating to any matter being heard. In the case 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.
F. Any aggrieved party may appeal the decision and findings of the Hugoton Municipal Court judge pursuant to K. S. A. 60-2101 (d). However the filing of such an appeal under this subsection shall not stay any action taken pursuant to this ordinance.
SECTION 11. VIOLATIONS AND PENALTIES. Any person violating any provisions of this ordinance shall upon conviction be subject to a fine of not less than $100 and not more than $500.00. In additions to the fine imposed, the court may sentence the defendant to imprisonment in jail for a period not to exceed 30 days. In addition, the court shall order the revocation of any permit for the subject animal and shall order the removal of the animal from the City. Should the defendant refuse to remove the dog from the City, the court may find the defendant in contempt and order the immediate impoundment of the animal, or continued impoundment if the animal has already been impounded, as well as destruction 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, witness fees, and expenses necessitated by the enforcement of this ordinance.
SECTION 12. ASSIGNMENT OF DUTIES. At the discretion of the City Clerk, any of the duties and responsibilities imposed upon the City Clerk pursuant to this ordinance may be assigned in whole or in part to the Chief of Police or the Animal Control Officer.
SECTION 13. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, phrase, or part thereof of this ordinance or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction such decision shall not effect the validity of the remaining portions of this ordinance.
SECTION 14. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after the 90th date after its publication in the official city newspaper.
Passed by the Council of the city of Hugoton on this 7th day of February, 2005.
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