CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 3. PIT BULL DOGS - DANGEROUS ANIMALS

It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the city:

(a)   Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes).

(b)   Any animal having poisonous bites.

(c)   Any pit bull dog; except as provided in section 2-302; “Pit bull dog” is defined to mean:

(1)   The bull terrier breed of dog;

(2)   Staffordshire bull terrier breed of dog;

(3)   The American pit bull terrier breed of dog;

(4)   The American Staffordshire terrier breed of dog;

(5)   Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;

(6)   Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American Staffordshire terrier; any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.

(Ord. 518, Sec. 2)

Any person violating or permitting the violation of any provision of this article shall upon conviction in municipal court be fined an amount as set by resolution of the governing body from time to time. 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, if registered, 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.

(Ord. 518, Sec. 3; Code 2016)

It shall be unlawful for any person to violate the provisions of this article. Any person found guilty of violating this article shall be assessed, fined, and the animal disposed of, as provided below.

(a)   At-Large.  Any dangerous dog that is not confined or registered as required pursuant to this article shall be impounded by an animal control officer or a law enforcement officer. In addition to all costs for impoundment, the owner or keeper shall pay a fine set by resolution of the governing body from time to time. For a second offense within twenty-four (24) months, in which the dog is not confined or registered as required pursuant to this section, in addition to all costs for impoundment, the owner or keeper shall pay a a fine, set by resolution of the governing body from time to time, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog. The municipal judge shall have no authority to suspend the fine or any portion thereof.

(b)   Attack on Human.  If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing, a human being, the owner or keeper shall pay a fine, as set by resolution of the governing body from time to time, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog. The municipal judge shall have no authority to suspend the fine or any portion thereof.

(c)   Attack on other animal.  If any dangerous dog shall kill or wound, or assist in killing or wounding, any animal, the owner or keeper shall pay a a fine, set by resolution of the governing body from time to time, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog. The municipal judge shall have no authority to suspend the fine or any portion thereof. If the owner or keeper of a dog impounded pursuant to this section shall believe that there shall not have been a violation of the provisions of this section, such owner may petition the Municipal Court, on forms approved by the municipal judge, praying that the impounded dog not be destroyed. The impounded dog shall not be destroyed pending the resolution of such owner’s petition if the petition shall have been filed within five (5) days of the impoundment of such dog and notice shall have been delivered within five (5) days of the impoundment of such dog to the Humane Society. The dog shall remain impounded pending the determination of the petition. If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner upon payment of the expenses by the owner or keeper.

In addition to the fines provided in this section, the municipal judge shall have the authority to sentence the person adjudicated guilty of the article to serve up to a maximum of six (6) months in jail.

(Ord. 964; Code 2016)

Notwithstanding any other provision of this article to the contrary and irrespective of whether the dog has been declared dangerous pursuant to this article, the municipal judge may order any dog destroyed if the Judge determines that the dog is an immediate threat to public health and safety and that confinement and registration of the dog by the owner or keeper of the dog as provided in this article will not adequately protect public health and safety. No person shall harbor, own, or possess a dog that is an immediate threat to public health and safety. In making such determination, the Judge may consider the severity of the attack and such other relevant information. The municipal judge shall have the authority to sentence the person adjudicated guilty of this section to serve up to a maximum of six (6) months and pay a fine not to exceed $1000.00.

(Ord. 965; Code 2016)

(a)   Pursuant to K.S.A. 19-101a (a) (5), the City of Eudora, Kansas (hereinafter “City”) hereby consents that Resolution No. HR.-03-7 -3 (relating to the regulation of vicious dogs within Douglas County, Kansas and imposing criminal penalties for the violation thereof (hereinafter “Resolution”), as adopted by the Board of County Commissioners of Douglas County, Kansas on July 9, 2003, shall apply within the limits of the city.

(b)   The Sheriff of Douglas County, Kansas and the Sheriff’s deputies and other designated agents are hereby expressly granted permission and jurisdiction to investigate and enforce violations or suspected violations of the Resolution within the city limits of the city.

(c)   It is hereby declared the policy of the city that the city’s law enforcement officers, animal control officers, and other agents shall jointly cooperate with the Sheriff of Douglas County, Kansas, and the Sheriff’s deputies and other designated agents in sharing intelligence, investigating, and enforcing violations or suspected violations of the Resolution.

(d)   The provisions of the Resolution shall apply within the city in addition to all other city ordinances or regulations. Nothing in this section shall, by implication or otherwise, serve to repeal or invalidate any other animal control regulations otherwise applicable within the city.

(Ord. 801; Code 2016)