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Archive for Saturday, May 29, 1999

ORDINANCE (TEXT)

May 29, 1999

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DRAFT (5/27/99)

ORDINANCE NO. 7093

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING ARTICLE 3, CHAPTER 3 OF THE CODE OF THE CITY OF LAWRENCE, 1997 EDITION, AND AMENDMENTS THERETO, CONCERNING DANGEROUS DOGS

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Chapter 3, Article 3, of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto, is hereby amended to read as follows:

ARTICLE 3 DANGEROUS DOGS

3-301 Definitions

(a) For the purposes of this Article, "dangerous dog" means and includes:

1) Any dog having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a "dangerous dog." For dogs other than a "pit bull dog," the designation of a "dangerous dog" shall be pursuant to Section 3-305.

2) 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.

3) 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) Chief Animal Control Officer shall be that person so designated by the Chief of Police, or the officer's designee.

(c) "Person" includes any natural person, association, partnership, organization, or corporation.

3-302 Prohibition

Except as provided in Section 3-303, no person shall own, keep, or harbor any dangerous dog in the City of Lawrence, Kansas. Violation of this Section shall be a municipal offense. Violation of this Section shall subject the dangerous dog to confiscation, removal, and destruction by the City pursuant to the provisions of this Article.

3-303 Exception to Prohibition of Dangerous Dogs.

The prohibition contained in Section 3-302, shall not apply to dangerous dogs legally registered with the City pursuant to the provisions of this Article prior to __________, 1999, or as allowed by Sections 3-304 and 3-305. No pit bull shall be permitted to be registered pursuant to the provisions of this Article after _______________, 1999.

3-304 Exceptions; Permit and registration requirements.

a) Only as permitted by Section 3-303, 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 dangerous dog, provided he/she has first secured a permit under this Article; provided further that owners, keepers or harborers of "pit bull dogs" or wolf-hybrids shall also be required to register their animals in accordance with the provisions of this ordinance.

(1) 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.

(2) The keeping of such animals for exhibition to the public of such animals by a circus, carnival, or other exhibit or show.

(3) The keeping of such animals in a bona fide, licensed veterinary hospital for treatment.

(4) A registered dangerous dog as permitted by Section 3-303 and 3-305.

b) The keeping of a dangerous dog, however, shall be subject to the following mandatory requirements:

(1) Leash Requirements. No person shall permit a dangerous dog 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 dangerous 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, parking meters, buildings, etc.

(2) Confinement. All dangerous dogs shall be securely confined outdoors or in a securely enclosed and locked pen or kennel, except when leashed 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 dangerous 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 (2) feet. All structures erected to house dangerous 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 conditions and must provide adequate exercise room.

(3) Confinement Indoors. No dangerous 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 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 dog from exiting the structure.

(4) Signs. All owners, keepers or harborers of dangerous dogs 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 dangerous dogs must within twenty (20) days of the effective date of this ordinance provide proof to the City Clerk of public liability insurance in a single incident amount of $50,000.00 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 Article and subject to the penalties provided herein.

(6) Identification Photographs. All owners, keepers or harborers of dangerous dogs 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 dangerous dogs 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 dangerous dog;

b) The birth of offspring of a registered dangerous dog;

c) The new address of the registered dangerous dog owner should the owner move within the corporate City limits.

(8) Animals Born of Registered Dogs. All offspring born of dangerous dogs registered with the City must be registered with the City within six (6) weeks of the birth of such animal.

(9) Licensing of Dangerous Dog. All owners of dangerous dogs within twenty (20) days of the effective date of this ordinance, or within seven (7) days of the determination of a dangerous dog pursuant to 3-305, shall have the dog licensed with a microchip insert into the dog by the Lawrence Humane Society. The owner of the dog shall be responsible for all costs for the microchip insert. The insert shall provide ownership information for the dog and such other information as the Chief Animal Control Officer shall determine as appropriate for identifying the dangerous dog. The Humane Society and the Chief Animal Control Officer shall maintain a register of dangerous dogs. Failure to obtain a microchip insert, or maintain such insert in the dog, shall be a violation of this Article.

(10) Failure to Comply. It shall be unlawful for the owner, keeper, or harborer of a dangerous dog 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.

3-305 Dangerous Dog Determination.

a) Any dog having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a "dangerous dog." Any public health officer, law enforcement officer, City animal control officer, licensed veterinarian, or any officer of agent of the Lawrence Humane Society, may take into custody any dog suspected of being a dangerous dog. Any dog which attempts to attack, bite, or otherwise do bodily harm to any person or animal without provocation shall be presumed to be a dangerous dog. A dog impounded as a suspect dangerous dog shall be housed at the Lawrence Humane Society.

b) The Chief Animal Control Officer shall conduct an investigation into the matter and shall issue a written determination within seventy-two (72 hours) of the impoundment of the dog whether the impounded dog shall be determined to be a dangerous dog pursuant to this Article. Upon a determination that the dog is a dangerous dog, the owner shall have seven (7) days to comply with the provisions of this Article to register the dog as a dangerous dog; provided that no pit bull dogs shall be registered except as allowed pursuant to 3-303. Failure to comply with the provisions of this Article to register the dangerous dog within the time provided shall result in a forfeiture of the dog to the Humane Society. The owner of the dangerous dog shall be responsible for all reasonable charges for the housing of the dog at the Humane Society. The owner shall have appeal rights of the determination pursuant to Section 3-316.

c) Upon a determination by the Chief Animal Control Officer that the dog is not a dangerous dog, the owner shall be allowed to have a custody of the animal.

3-306 Exemptions.

The provisions of this Article 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.

3-307 Seizure and Impounding of Dangerous Dogs.

The Chief Animal Control Officer or his/her authorized deputy shall forthwith cause to be seized and impounded any dangerous dog, where the person owning, keeping or harboring such animal has failed to comply with the provisions of this Article. Upon a seizure and impoundment, said dog 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.

3-308 Permit required.

(a) No person owning, harboring, or having charge, custody, control or possession of any dangerous dog, 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 seven (7) days, said animal will be subject to summary destruction.

3-309 Issuance of permit.

Except as hereinafter provided, no person shall have, keep, maintain, or have in his/her possession or under his/her control within the City any dangerous dog 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 ensure 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.

3-310 Application for permit.

An application for any permit required pursuant to this Article 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.

3-311 Permit fee.

The fee for a permit application shall be $20 for one dangerous dog plus an additional $5 for two or more dangerous dogs. 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.

3-312 Temporary permits; Powers of Animal Control Officer.

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 dangerous dog 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.

3-313 Term and renewal of permits.

No permit required by this Article 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.

3-314 Inspections and investigation for renewal.

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 Article. 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 Article. 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.

3-315 Revocation of permits.

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 Article shall be sufficient grounds for revocation.

3-316 Appeals; fees.

(a) Any owner of a dog subject to the provisions of this ordinance aggrieved by or dissatisfied with the determination that an animal is dangerous under 3-305 may, within ten (10) days thereafter, file a written notice or statement of appeal from said decision, ruling, action or finding to the City of Lawrence Municipal Court for an administrative hearing thereon.

(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 Article.

3-317 Appeals, administrative hearing.

The hearing on the appeal provided for in 3-316 shall be conducted by a City of Lawrence Municipal Court judge who will sit as an administrative judge for purposes of this Article. The sole issue for determination shall be whether the finding of the Chief Animal Control Officer, pursuant to Section 3-305, was within the scope of authority, supported by a preponderance of evidence, and not arbitrary nor capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case.

3-318 Subpoena power.

Pursuant to its role as administrative judge, the court is empowered to hold hearings, subpoena witnesses, and 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.

3-319 Appeal; district court.

Any aggrieved party may appeal the decision and findings of the City of Lawrence Municipal Court judge pursuant to State Law. However, the filing of an appeal under this subsection shall not stay any action taken pursuant to this Article.

3-320 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Article 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 Article or any part thereof.

3-321 Violations and penalties.

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. The judge shall have no authority to suspend the mandatory minimum fine. 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. For any second violation of the provisions of this Article, the Court shall order the registration of and permit for the subject dangerous 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, impoundment, and 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 and testimony necessitated by the enforcement of this ordinance.

3-322 Costs to be Paid by Responsible Persons.

Any reasonable costs incurred by the Chief Animal Control Officer in seizing, impounding, confining or disposing of any dangerous dog, pursuant to this Article shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the City Clerk.

Section 2. Article 3, Chapter 3 of the Code of the City of Lawrence, Kansas, 1997 Edition, and amendments thereto, is hereby repealed it being the intent of this ordinance to supersede the repealed provisions. The repeal shall not effect the prosecution and adjudication of offenses alleged to have occurred prior to the repeal.

Adopted this ________ day of ________, 1999.

PASSED

__________________________

Ervin E. Hodges, Mayor

ATTEST:

____________________________

Raymond J. Hummert, City Clerk

Approved as to legal form:

__________________________

David L. Corliss, Director of Legal Services

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