(a)   Except as provided in subsection (b) below,  it shall be unlawful for any owner, keeper, or harborer to possess within the city any dog designated as a potentially dangerous animal by the City.

(b)   Any dog designated as a potentially dangerous animal by the City must comply with the following provisions:

(1)   The dog shall be owned or kept indoors or confined to the premises by a physical fence (not electronic), capable of keeping the dog confined to the premises, or confined in a locked pen or kennel.  The pen or kennel shall have secure sides and a secure top attached to the sides.  Such structures shall have a secure floor attached to the sides, or the sides shall be embedded in the ground no less than two (2) feet.  The pen or kennel shall be locked with a key or combination lock when such dog is within the structure.  Any dog outside the pen in an unfenced area must remain on a leash no longer than four (4) feet in length;

(2)   The dog shall not be owned or kept on a porch, patio or in any part of the house or structure that would allow the dog to exit such building on its own volition;

(3)   The owner, keeper shall allow inspection of the dog and its enclosure by any City employee and must produce, upon demand, proof of compliance with such restrictions;

(4)   The owner, keeper and dog shall attend and complete a course on commonly accepted animal obedience methods within sixty (60) days of being designated a potentially dangerous animal;

(5)   Any owner or keeper of a dog, that has been designated as a potentially dangerous animal by the City, who moves or sells the dog, or otherwise transfers the ownership, or location of the dog, will notify the City in writing of the name, address and telephone number of the proposed new owner with fifteen (15) days of transfer;

(6)   If a potentially dangerous animal should die, the owner, keeper shall notify the City no later than twenty-four (24) hours and shall produce the animal or written verification that satisfies the City;

(7)   If a potentially dangerous animal escapes, the owner, keeper shall immediately notify the Police Department and make every reasonable effort to recapture the escaped animal to prevent injury and/or death to humans and/or domestic animals;

(8)   The City may remove any dog from the list of potentially dangerous animals if there are no additional instances of the behavior described in this Section within twelve (12) months of the date of designation as a potentially dangerous animal and the owner, keeper has complied with all restrictions; 

(9)   A City employee may impound any potentially dangerous animal if they have reason to believe that any of the restrictions upon such animal are not being followed or if the failure to follow such restrictions would likely result in a threat to public safety;

(10) No dog that has been designated by the City as a potentially dangerous animal may be released by the Animal Shelter until the owner, keeper has paid all the veterinarian costs and all the fees and costs of the Animal Shelter that are normally charged to the owner, keeper or prior to the redemption of the animal.  If the owner, keeper fails to pay such fees and take possession of the animal within five (5) days of the receipt of notice that the animal has been impounded, the animal shall be deemed to have been abandoned and may be disposed of by the Animal Shelter.  This action does not free the owner of any costs incurred up to this point.

(c)   Each day's violation of or failure, refusal or neglect to comply with any provision of this chapter shall constitute a separate and distinct offense.

(d)   Any violation of the provisions of this section may result in the removal by the City of the animal from within the city limits. 

(e)   Upon conviction of keeping a potentially dangerous animal, the municipal court judge may order restitution be paid to the victim up to the maximum amount allowed by law.

(Ord. 518; Ord. 1075)

(a)   Except as provided in this subsection (b), it shall be unlawful for any owner, keeper, or harborer to possess within the city any dog designated as a vicious animal by the City.

(b)   Any dog designated as a vicious animal by the City must comply with the following provisions:

(1)   The dog shall be owned or kept indoors in a securely enclosed locked pen or structure suitable to prevent the entry of children and designed to prevent the dog from escaping.  Such enclosure shall be no less than five (5') from an outer fence;

(2)   The dog shall not be owned or kept in a house when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure;

(3)   Outside pens or kennels shall have secure sides and a secure top attached to the sides.  Such structure shall have a secure bottom or floor attached to the sides, or the sides shall be embedded in the ground no less than two (2) feet.  The pen or kennel shall be locked with a key or combination lock when such dog is within the structure;

(4)   The owner, keeper and dog shall attend and complete a training class and/or behavior modification course approved by the City that is designated to teach the owner, keeper how to deal with, correct, manage and/or alter problem behavior.  This needs to be completed within sixty (60) days of being designated a vicious animal;

(5)   Signs shall be displayed in prominent places on the premises where the dog is owned, kept, or harbored that are easily readable by the public, using the words "Beware of Dog";

(6)   A dog that has been designated as a vicious animal shall not be permitted to leave the premises of the owner, keeper unless such dog is properly restrained by an adult using a leash no more than four (4) feet in length and humanly muzzled for protection of persons and other animals, or the dog is in a secure animal crate;

(7)   Any dog that has been designated as a vicious animal shall be neutered or spayed;

(8)   Any dog that has been designated as a vicious animal shall have an identification microchip implanted in it; and the name of the microchip manufacturer and the identification number of the microchip must be supplied to the City;

(9)   The owner, keeper of any dog that has been designated as a vicious animal, or owner of the premises on which any dog that has been designated as a vicious animal is owned, shall obtain and maintain liability insurance in the amount of one hundred thousand dollars ($100,000.00) and shall furnish a certificate of insurance to the City of Eudora;

(10) The City may remove any dog from the list of vicious animals if there are no additional instances of the behavior described in this Section within eighteen (18) months of the date of designation as a vicious animal, and the owner, keeper has complied with all restrictions.  If at any anytime during the eighteen months the dog displays similar behavior then it will be permanently removed from the City;

(11) No dog that has been designated by the City as a vicious animal may be released by the Animal Shelter until the owner or keeper has paid all the veterinarian costs and all the fees and costs of the Animal Shelter – that are normally charged to the owner, keeper or prior to the redemption of the animal.  If the owner or keeper fails to pay such fees and take possession of the animal within five (5) days of the receipt of notice that the animal has been impounded, the animal shall be deemed to have been abandoned and may be disposed of by the animal shelter.  This action does not free the owner of any costs incurred up to this point.

(12) The owner or keeper shall allow inspection of the dog and its enclosure by a City employee and must produce, upon demand, proof of compliance with such restrictions. 

(13) If a vicious animal should die, the owner, keeper shall notify the City no later than twenty-four (24) hours following the death of the animal and shall produce the animal or written verification that satisfies the City. If the vicious animal moves, is sold, or the ownership is otherwise transferred, the owner or keeper will notify the City in writing of the name, address and telephone number of the proposed new owner with fifteen (15) days of transfer.

(c)   Each day's violation of or failure, refusal or neglect to comply with any provision of this chapter shall constitute a separate and distinct offense.

(d)   Any violation of the provisions of this section may result in the removal by the City of the animal from within the city limits. 

(e)   Upon conviction of keeping a vicious animal, the municipal court judge may order restitution be paid to the victim up to the maximum amount allowed by law.

(Ord. 518; Code 2016; Ord. 1075)

Notwithstanding any definitions in Article 3 of this Chapter, any animal that has killed a person shall be humanely euthanized. If the court orders an animal to be humanely euthanized pursuant to this section, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within the applicable appeal period, or other time frame. If an appeal is timely filed, the Municipal Court shall suspend the destruction order pending the final determination of the court.

(Ord. 964; Code 2016; Ord. 1075)

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)