(a) Defined: For purposes of this chapter a dangerous or vicious animal shall include:
(1) Any animal with a known propensity, tendency, aggressive nature, training or characteristic behavior or disposition to attack unprovoked any human being or domestic animal, which would present a risk of serious physical harm or death to human beings or domestic animals, to cause injury to or would constitute a danger to human life, physical well-being, or property. This definition shall not apply to dogs utilized by law enforcement officer in the performance of their duties; or
(2) Any animal which attacks a human being or domestic animal without provocation; or
(3) Any animal owned or harbored primarily or in part for fighting or any animal trained for fighting; or
(4) Any animal which is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack; or
(5) Any animal that has aggressively bitten, attacked, endangered or inflicted injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
(6) Has severely injured or killed a domestic animal.
(Code 2019)
(a) It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city.
(b) Any violation of section 4-202(a), as well as those specified in section 4:108, shall be subject to the following:
(1) Subject to subsection (b)(2), the impounding of animal(s) whose owner(s) have been cited for violation of this article shall be at the discretion of the Law Enforcement Officer or Animal Control Officer.
(2) An the animal shall be impounded if:
(A) the animal presents a clear and present danger to the public health or safety, or
(B) muzzling and safe confinement under (b)(3) is not possible, or
(C) if prior citations or court orders to restrain such animal have gone unheeded.
(3) Every owner, keeper or harborer of any animal in the city, whose owner has been cited for violation of this article, and whose animal has not been impounded, shall:
(A) keep the animal muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person, and
(B) provide safe confinement of the animal accused of being in violation of this article in such a manner and location that will ensure that it is no threat to persons or other animals; or
(C) be voluntarily located to a veterinary premise, or a facility holding a current state pound or shelter license as pursuant to the Kansas Department of Health and Environment’s, Rabies Control Requirements dated October 19, 2017.
(c) These requirements shall remain in place for no less than ten (10) days and until the outcome of a hearing which may be scheduled at the next regular municipal court date.
(d) Immediate Destruction: Nothing in this chapter shall be construed to prevent the animal control officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.
(e) Notwithstanding the definition of a dangerous or vicious animal herein, when determining whether an animal is dangerous or vicious as pursuant to the article, the court may consider as mitigating factors whether any injury or damage is sustained by a person or animal who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises owned or occupied by the owner of the animal; was teasing, tormenting, abusing or assaulting the animal; was committing or attempting to commit a crime; or whether the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
(Code 2019)
If a citation has been filed in the municipal court against the owner of any animal for a charge under this article, the animal shall not be released from impoundment or the requirements set forth in section 4-202, subsection (b)(3) and subsection (c) of this article until a determination, by hearing, is made by the municipal judge that the animal is not dangerous or vicious, and that it does not represent a clear and present danger to the citizens or to other animals in the community.
(Code 2019)
(a) If the municipal judge finds that an animal is vicious, or that it represents a clear and present danger to the citizens or to other animals in the community, the municipal judge shall order that at the end of ten (10) days the animal will be:
(1) microchipped and permanently removed from the city limits; or
(2) be destroyed in a humane manner.
(b) Such order shall be contained in a notice to permanently remove or destroy the dangerous or vicious animal, and the notice shall be given in writing to the person keeping, sheltering or harboring the dangerous or vicious animal, and shall be served personally or by first class mail.
(c) The municipal judge shall also direct the owner to pay all cost, fees and impounding charges in addition to any penalties for violation of this chapter.
(d) The owner may contest the municipal judge’s determination by filing an appeal with the Rooks County District Court pursuant to statute. The appeal must be filed within ten (10) days from the issuance of the final determination. Upon filing an appeal, and during the appeal period, the animal shall not be released from impoundment or the requirements set forth in subsection (b)(3) of this section until a final order is issued by the District Court.
(e) Surrender of an animal by the owner thereof to the animal control officer or a law enforcement officer does not relieve or render the owner immune from the decision of the court, nor to any costs, fees, or fines which may result from a violation of this article.
(Code 2019)
Any person violating or permitting the violation of any provision of this article shall upon conviction in Municipal Court be fined a sum not more than five hundred dollars ($500.00). In addition to the fine imposed the court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days. 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.
(Code 2019)