(a) Every owner of any dog or cat over six months of age shall annually register with the city clerk his or her name and address with the name, sex and description of each dog or cat owned and kept within the city. It shall be unlawful for the owner of any newly acquired dog or cat or any dog or cat brought into the city to fail to register such animal within 30 days from acquisition or bringing the dog or cat into the city. It shall be unlawful for the owner of any previously registered dog or cat to fail to maintain current registration of such dog or cat.
(b) Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog or cat over six months of age to fail to maintain effective rabies immunization of such dog or cat.
(c) The owner or harborer of any dog or cat shall, at the time of registering such dog or cat, present to the city clerk a certificate from an accredited veterinarian showing that a male dog or cat has been neutered or a female dog or cat has been spayed, if the dog or cat has been neutered or spayed.
(d) The city clerk shall collect an annual registration fee as set by resolution of the city council for each neutered male dog or cat and for each spayed female dog or cat, as well as for each unneutered male dog or cat and for each unsprayed female dog or cat.
(e) The registration year shall be from May 1st through April 30th of the following year.
(Code 2006)
It shall be the duty of the city clerk or designated agent, upon a showing of current rabies imm1mization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs or cats, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefor, and shall deliver to the owner or keeper of the dog or cat a certificate in writing, stating that the person has registered the dog or cat and the number by which the dog or cat is registered, and shall also deliver to the owner or keeper of the dog or cat a tag with the registration number and the registration year thereon, which shall be, by the owner or keeper, attached to the collar to be used on the dog or cat so registered. When any tag has become lost during a registration period, the owner of the dog or cat may request a duplicate tag for the remainder of the registration period. When so requested, the city clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon the payment of the original fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened.
(Code 2006)
It shall be unlawful for any person to place on any dog or cat a tag issued for any other dog or cat or to make or use any false, forged or counterfeited tag or imitation thereof.
(Code 2006)
It shall be unlawful for the owner of any dog or cat kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog or cat within two years, when requested by the animal control officer or any law enforcement officer.
(Code 2006)
The provisions of this article with respect to registration shall not apply to any dog or cat owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dogs or cats shall be kept under restraint by the owner thereof at all times.
(Code 2006)
(a) It is unlawful for the owner or possessors of any dog or cat to permit such dog or cat to run at large within the city at any time during the year.
(b) Any person convicted of a violation of this Section shall be punished for each animal found to be at large as follows:
First conviction. $30.00 fine plus court costs.
Second conviction $45.00 fine plus court costs.
within a 1-year period.
Third conviction $60.00 fine plus court costs.
within 1-year period.
Subsequent convictions $100.00 fine plus court costs
within 1-year period.
(c) In addition to the fines and court costs as provided in subsection (b), the owner or possessor of a dog or cat picked up while running at large shall pay the daily per animal impound for each day the animal is impounded in the city pound before being claimed by its owner. Such impound fee is set from time to time by the governing body.
(Ord. 1080-21)
(a) Any dog or cat in violation of Section 2-206a shall be subject to impoundment by the chief of police or designee. A record of all dogs or cats impounded shall be kept by the city containing the following information: color, sex, weight, height, identifying marks, registration number, and the date of impoundment.
(b) Notice of impounding shall be provided in writing to any record owner of a dog or cat impounded by the city. Notice shall also be published by the city’s social media page or city’s website. The dog or cat can be claimed by any person upon satisfactory proof that he is the owner or entitled to possession of such dog or cat and upon payment of the costs of impounding, feeding, and carrying for such dog or cat, as set by the city from time-to-time.
(c) If any dog or cat so impounded does not have a current registration and a rabies vaccination as required by Section 2-201, and such dog or cat is reclaimed by the owner, such dog owner shall be issued a citation for failing to register or vaccinate the dog or cat. Owners that comply with the instruction to register or vaccinate their dog or cat within three (3) days from the issuance of the citation shall have their citation dismissed by the city attorney. If the owner redeeming such dog or cat fails to comply with Section 2-201 by the hearing date on the issued citation for failing to register or vaccinate, then such dog or cat may be seized and impounded and the owner shall be given three (3) additional days to comply with Section 2-201. If the owner has not complied with Section 2-201 within the three additional days, such dog or cat shall be subject to disposal under subsection (e).
(d) Restricted Breed Impound. If any dog so impounded is a restricted breed and the dog is not in compliance with the requirements of Section 2-211, and such dog is reclaimed by the owner, such dog owner shall be instructed to become compliant with the requirements of 2-211 within three (3) days. If the owner fails to comply with Section 2-2011 within three days, such dog shall be seized and impounded and the owner shall be given three (3) additional days to comply with Section 2-211. If the owner has not complied with Section 2-211 within the three additional days, such dog or cat shall be subject to disposal under subsection (e).
(e) If any dog or cat shall not be claimed within 72 hours after the first publication on the city website or commonly utilized social media account of a notice of the impoundment, such dog or cat may be euthanized in a humane manner, or may be made available for adoption. Any dog or cat found at large and taken into custody which is registered with the city as provided by Section 2-201 may be returned to the registered owner, if claimed, and if not, the dog or cat may be disposed of as provided in this Section or made available for adoption.
(f) Impound fee. Any animal picked up for running at large and required to be impounded at the city pound shall be subject to a per day per animal impound fee. For purposes of this subsection, a day is considered anytime period between midnight and 11:59 p.m. The impound fee shall be paid by the owner at the time the animal is claimed. The animal shall not be released until such fee is paid to the City. The impound fee shall be by resolution by the governing body from time to time.
(g) It is unlawful for any person other than the chief of police or designee to break open or attempt to break open the municipal pound, or to take or let out any dog or cat placed in it by an officer of this city or take or attempt to take from an officer or this city any dog or cat taken up by him under the provisions of this Article, or in any way hinder or interfere with any office of this city in catching or taking up any dog or cat.
(Ord. 1080-21)
(a) DEFINITIONS. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Dangerous dog means:
(1) Any dog with a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals;
(2) Any dog which in a vicious or threatening manner approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places;
(3) Any dog which attacks or bites, or has attacked or bitten, a human being or domestic animal; or
(4) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
Notwithstanding this definition of a dangerous dog, no dog may be declared dangerous if 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 occupied by the owner or possessor of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be declared dangerous if an injury or damage was sustained by a person if the dog was responding to pain or injury; protecting itself, its kennel or its offspring; protecting or defending another human being within the immediate vicinity of the dog from an unjustified attack or assault; or involved in playful actions resulting in an unintentional bite wound. No dog may be declared dangerous if an injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. Nothing in this section shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.
Enclosure means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog. An enclosure shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. An enclosure shall have a secure top suitable to confine a dangerous dog. If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot.
Own or possess means having a property interest in an animal, actual or claimed, or the exercise of dominion or control over an animal, or the intent to exercise dominion or control over an animal with the present ability to do so. Any person who keeps, harbors, controls, acts as a custodian of, or knowingly permits an animal to remain on or about any premises shall be deemed to own or possess the animal.
Owner or possessor means a person who owns or possesses an animal. Owner or possessor means a person who owns or possesses an animal.
(b) PROCEDURE FOR DETERMINATION OF A DANGEROUS DOG.
(1) In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined by subsection (a), the municipal judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by subsection (a).
The chief of police or designee shall order the dog to be impounded at a licensed veterinary clinic. The owner or possessor of the dog shall be liable for the costs of keeping such dog. If the owner or possessor fails or is unwilling to have the dog impounded at a licensed veterinary clinic, the chief of police or designee shall cease the dog and impound it at the municipal pound until a determination by the municipal judge.
(2) The chief of police or designee shall notify the owner or possessor of the dog that the hearing will be held, at which time evidence will be presented that the dog is dangerous and at which time the owner or possessor of the dog may present evidence to rebut evidence presented by the city and present such other evidence as may be relevant. The failure of the owner or possessor to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog. The hearing shall be held promptly within no sooner than five nor later than 20 days after service of notice upon the owner or possessor of the dog. The city shall have the burden of proof to show that it is more probably true than not that the dog is dangerous as defined by subsection (a).
(3) After the hearing, the owner or possessor of the dog shall be notified in writing of the determination. If a determination is made that the dog is dangerous, the owner or possessor shall comply with the provisions of this Section within 15 days. If the owner fails to comply with the provisions of this division within the time provided, the dog shall be destroyed. If the owner or possessor of the dog contests the determination, he may appeal within ten days to the district court pursuant to law.
(c) CONTROL; REGISTRATION; CONFINEMENT. If a dog is determined to be dangerous by definition, or the municipal court judge determines that a dog is dangerous pursuant to this Section, the owner or possessor of the dangerous dog shall be required to comply with the following:
(1) The owner or possessor shall follow all requirements applicable to dog breeds restricted under Section 2-211 and as provided in Section 2-211(c).
(2) Confinement. All dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel outdoors. 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. It is unlawful for any owner or possessor to maintain a dangerous dog upon any premises that does not have a locked enclosure. It is unlawful for any owner or possessor to allow a dangerous dog to be outside of the dwelling of the owner or possessor or outside the enclosure unless it is necessary for the owner or possessor to obtain veterinary care for the dangerous dog or for the limited purposes of allowing the dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required. In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four feet in length, and shall be under the direct control and supervision of the owner or possessor of the dangerous dog. No person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen. Such dogs may not be leashed to inanimate objects such as trees, posts or buildings. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
(d) VIOLATIONS AND PENALTIES. Any owner or possessor violating or permitting the violation of any provision of this Section shall upon conviction in municipal court be deemed guilty of a Class C misdemeanor and be fined a sum of not less than $250.00. In additions to the fine imposed, the Court may sentence the owner or possessor to imprisonment in the county jail for a period not to exceed thirty (30) days.
If upon a second conviction of this Section, all dogs determined to be dangerous, which are owned or kept by the defendant or defendant’s household shall immediately be impounded and the costs of such impoundment, including veterinarian expenses, shall be borne by the defendant. Thereafter the defendant shall have seven (7) days in which to find a location for such dangerous dogs outside the city limits of the City of St. John, Kansas. If no location is found for such dog, the court shall order the animals euthanized and the expense thereof shall also be borne by the defendant.
(e) THREATS TO PUBLIC SAFETY
No person who has had dogs confiscated as a result of convictions under this Section shall be allowed to own, keep or harbor a dangerous dog in the city limits of the City of St. John, Kansas. No dangerous dog shall be kept or harbored in the residence of a person who has had dogs confiscated as a result of this section.
Notwithstanding any other provision of this division to the contrary, and irrespective of whether the dog has been declared dangerous pursuant to this division, 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 possessor of the dog as provided in this division 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 other relevant information. The municipal judge shall have the authority to sentence the person adjudicated guilty of this division to serve up to a maximum of six months in jail and to pay a fine not to exceed $1,000.00.
(f) COSTS TO BE PAID BY RESPONSIBLE PERSON. All reasonable costs incurred by the city in seizing, impounding, confining or disposing of any dangerous dog pursuant to the provisions of this article shall be charged against the owner or possessor of such animal and shall be subject to collection by any lawful means. If the owner of the animal is found guilty of a violation of this article, said above-mentioned expenses shall be assessed as costs in said court action.
(Code 2006; Ord. 1081-21)
(a) FINDINGS. The city hereby finds that certain dogs, because of a combination of their physical attributes and disposition or training for aggression, fighting or attack, pose a clear and present threat to public safety. Although relatively few in number, such dogs represent a threat to all persons, particularly those persons who cannot protect and defend themselves, such as children and the elderly. Regardless of the procedures taken to confine such dogs, their mere presence creates an unacceptable risk to the public because such dogs may escape or be released at any time. Because of the clear and present threat to public safety, such dogs are found to be a public nuisance. As a result, the city hereby prohibits the ownership and possession of these vicious dogs within the city limits of the city and imposes related regulations, as set forth in this division.
(b) DEFINITIONS. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control authority means the chief of police, his designee, or any person employed by the city to supervise and administer animal control rules and regulations.
Court means the St. John Municipal Court, or if the context requires, a judge, whether a district judge, a district municipal judge, judge pro tem, a judge of any county court, acting in the judge’s official capacity for the such court, or any other judge authorized to hear cases arising under this division.
Own or possess means to have a property interest in an animal, actual or claimed, or the exercise of dominion or control over an animal, or the intent to exercise dominion or control over an animal with the present ability to do so. Any person who keeps, harbors, controls, acts as a custodian of, or knowingly permits an animal to remain on or about any premises shall be deemed to own or possess the animal.
Owner or possessor means a person who owns or possesses an animal.
Severe injury means more than negligible bodily injury, such as muscle tears, broken bones, disfigurement requiring corrective or cosmetic surgery, or impairment of any bodily function.
Vicious dog. The term “vicious dog” means any dog which:
(1) Kills a human being;
(2) Inflicts severe injury to a human being through a sustained or vicious attack;
(3) Has been trained to fight and possess physical attributes such as size, build, or bite strength to inflict severe injury to a human being. For this purpose, the following shall be presumed to have been trained to fight:
(A) Any dog involved in a staged fight;
(B) Any dog exhibiting wounds or bodily disfigurements commonly associated with dog fighting;
(C) Any dog found or kept on premises at which equipment is located that is commonly associated with training dogs to fight; and
(D) Any dog found or kept with other dogs that have been trained to fight or are presumed to have been trained to fight;
(4) Because of its disposition and physical attributes, such as size, build, or bite strength, poses a substantial threat to the life and safety of public safety and emergency response personnel (such as law enforcement officers, firefighters and paramedics) who are seeking or may seek lawful access to any property in order to perform their duties; or
(5) Has the propensity, tendency or disposition to attack a human being without provocation and possesses physical attributes such as size, build, or bite strength to inflict severe injury to a human being.
(6) Exceptions. No dog shall be deemed or declared a vicious dog:
(A) Solely because it inflicted severe injury on a human being if the human being was, at the time the severe injury was sustained: (1) Assaulting the owner or possessor of the dog; provided, the owner or possessor of the dog was not the aggressor; (2) Committing a willful trespass upon the premises of the owner or possessor of the dog; or (3) Provoking, tormenting abusing, or assaulting the dog, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the dog at other times;
(B) Solely because it inflicted severe injury on a human being if the dog was, at the time the substantial injury was sustained: (1) Responding to pain or injury; (2) Protecting itself, its kennel, its offspring, or its owner or possessor’s property; or (3) Protecting or defending another human being within the immediate vicinity of the dog from an unjustified attack or assault; or
(C) Is owned or possessed by a federal, state, or local law enforcement agency.
(c) UNLAWFUL ACTS.
(1) Vicious Dogs as Public Nuisance. Vicious dogs are declared to be a public nuisance and are hereby prohibited within the city.
(2) Ownership or Possession of Vicious Dog. It is unlawful to own or possess a vicious dog in the city. An owner or possessor of a dog that falls within the definition of “vicious dog” shall be strictly liable under this division and a conviction shall not require proof of any criminal intent or the owner or possessor’s knowledge of any particular propensity, tendency or disposition of the dog. Each vicious dog owned or possessed in violation of this division shall constitute a separate offense.
(3) Ownership or Possession of Dog Following Conviction. It is unlawful for any person convicted of owning or possessing a vicious dog in violation of subsection (b) of this section to own or possess any dog, whether or not found to be a vicious dog, for a period of three years following the date of such conviction.
(d) EUTHANIZATION. If the court finds, after hearing evidence, that any dog is a vicious dog, the court shall, in addition to any other applicable penalties or remedies, order the chief of police or designee to cause the dog to be euthanized in accordance with applicable state euthanization laws. The court may enter such an order as part of a criminal proceeding brought pursuant to this Section or in a separate civil proceeding brought for such purpose and, in either event, shall impose against the owner or possessor of the vicious dog the expenses of impounding, keeping, and euthanizing the vicious dog. The standard of proof to determine whether the dog is a vicious dog shall be by a preponderance of the evidence, regardless of whether part of a criminal proceeding or civil proceeding. The owner or possessor shall be notified (at the owner or possessor’s last known address) at least five days in advance of the date and time of any evidentiary hearing pursuant to this division and may present contrary evidence at such hearing. The failure of the owner or possessor to attend or participate in the hearing, however, shall not prevent the court from making an appropriate determination concerning the dog.
(e) IMPOUNDMENT.
(1) Generally. When the chief of police or designee or any other law enforcement officer has probable cause to believe that any dog is a vicious dog, such officer shall take custody of the dog and impound it until such time as evidence shall be heard and a determination made as to whether the dog is a vicious dog; provided that if the owner or possessor of the dog is not known, the dog may be disposed of pursuant to other applicable law. A warrant may be obtained to allow the chief of police or designee or any other law enforcement officer to go onto any property and take custody of any dog for which there is probable cause to believe it is a vicious dog. In addition, the court may, through its contempt power, compel the owner or possessor of any dog to surrender it to the chief of police or designee or any other law enforcement officer. In the event any dog is found to be a vicious dog, the owner or possessor of such dog shall be responsible for payment of any expenses of impounding and keeping the dog, pending disposition of the case and expenses of euthanizing the dog.
(2) Unauthorized Removal of Impounded Dogs, Actual or Attempted. No person shall remove or attempt to remove a dog from the custody of the chief of police or designee, any law enforcement officer, or any animal shelter at which the dog is impounded, whether by force, threat, deceit or otherwise, when such dog has been impounded under the provisions of this division or any other law, unless the chief of police or designee or a court of appropriate jurisdiction expressly authorizes the release of the dog.
(3) Post-impoundment Review. Within ten days of impounding a dog pursuant to this division without a warrant, the court shall review documentary evidence substantiating the chief of police or designee’s or law enforcement officer’s probable cause to determine whether the dog is a vicious dog. If the court determines that the evidence is not sufficient to establish probable cause that the dog is a vicious dog and the dog’s owner or possessor is known, the dog shall be released to its owner or possessor as soon as practical.
(f) PENALTIES. In addition to any applicable restitution, any person who violates the provisions of this division shall be subject to the following penalties:
(1) Violation of Vicious Dog Provisions. Any person who owns or possesses a vicious dog in violation of this Section shall be guilty of a misdemeanor, punishable as follows:
(A) First offense, a fine, which shall be set at $500.00. The fine shall be mandatory and the court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall have the authority to sentence the defendant to confinement in the county jail for a maximum of 90 days.
(B) Second offense, committed within five years of a prior offense, a fine, which shall be set at $1,500.00. The fine shall be mandatory and the court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall have the authority to sentence the defendant to confinement in the county jail for a maximum of six months.
(C) Third offense, committed within five years of two prior offenses, a fine, which shall be set at $1,500.00. The fine shall be mandatory and the court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall sentence the defendant to confinement in the county jail for a minimum of 30 days and a maximum of six months. The defendant shall be required to serve the minimum 30-day jail sentence and the court shall have no authority to suspend the first 30 days of such sentence.
(2) Violation of Provisions Regarding Unauthorized Removal of Impounded Dogs. Any person who removes or attempts to remove a dog from the custody of the chief of police or designee, any law enforcement officer, or any animal shelter at which the dog is impounded, in violation of this Section shall be guilty of a misdemeanor, punishable by a fine in the amount of $1,000.00. The court shall have no authority to suspend the fine or any portion thereof. In addition, the court shall have the authority to sentence the defendant to confinement in the county jail for a maximum of six months.
(g) PARTIAL INVALIDITY. If any provision of this division or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this division which can be given effect without the invalid provision or application, and to this end the provisions of this division are severable.
(h) IMMEDIATE DESTRUCTION ALLOWED. The chief of police or designee may kill, without notice, any dog or cat that is vicious, or is infected with rabies or hydrophobia or any animal so injured that humane disposal of the animal is necessary.
(Code 2006; Ord. 1081-21)
Any unspayed female dog or cat in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or cat or dogs or cats may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisances, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.
(Code 2006)
Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs or cats kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals.
(Code 2006)
(a) LEGISLATIVE FINDINGS. The governing body of the City of St. John, Kansas, finds and determines:
(1) That the dog breeds identified below can be dangerous and that numerous instances of attacks by the identified breeds have resulted in serious injuries and death to residents of communities within the State of Kansas. That because of the potential for serious injury and death, the governing body of the City of St. John, Kansas believes special restrictions should be applied to the identified dog breeds.
(2) That prior to passage of Ordinance No. 1059, the City of St. John, Kansas prohibited the keeping, harboring or possessing of the below identified dog breeds in the City of St. John, Kansas.
(3) That the governing body of the City of St. John, Kansas believes that the public can protected by protective measures and restrictions enacted by this section but that an outright prohibition of the identified dog breeds unfairly penalizes responsible dog owners.
(b) RESTRICTIONS SHALL APPLY TO CERTAIN DOG BREEDS. The following Restricted Dog Breeds kept, harbored, owned or in any way possessed shall be restricted within the-City Limits of St John, Kansas, any “Pit Bull”, “Rottweiler” “Presa Canario” and “Chow” breed of dog. For purposes of this section, “Pit Bull,” “Rottweiler,” “Presa Canario” and “Chow” breed of dog are defined to mean the following:
(1) “Pit Bull”
(A) The Staffordshire bull terrier breed of dog;
(B) The American pit bull terrier breed of dog;
(C) The American Statfordshire terrier breed of dog;
(D) Any dog which has the appearance and characteristics of being predominately of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, or a combination of any of these breeds.
(2) “Rottweiler” - Any dog which has an appearance and characteristics of being predominately of the breed of a Rottweiler or of mixed bloodlines thereof.
(3) “Presa Canario” - Any dog which has an appearance and characteristics of being predominately of the breed of Presa Canario or of mixed bloodlines thereof.
(4) “Chow” - Any dog which has an appearance and characteristics of being predominately of the breed of Chow or of mixed bloodlines thereof.
(c) RESTRICTIONS. The following shall apply to all persons or households that keep, harbor, own or in any way possess a Restricted Dog Breed in the city limits of the City of St. John, Kansas:
(1) In addition to the restrictions herein, owners, keepers or harborers of a Restricted Dog Breed shall follow all requirements generally applicable to all dog breeds in Chapter 2 of the City Code of the City of St. John, Kansas, including but not limited to those requirements related to registration and vaccination and prohibitions from dogs running at large.
(2) Identification Photographs and Microchipping. All owners, keepers or harborers of a Restricted Dog Breed must within thirty (30) days of the effective date of Ordinance No. 1059 and at the time of the dog’s annual dog registration as provided by Section 2-201 provide to the City Clerk two color photographs of the animal clearly showing the color and approximate size of the animal.
All Restricted Breed Dogs must be implanted with an identifying microchip and registered with the national registry applicable to the implanted chip. The owner, keeper or harborer is required to provide the microchip number to the City Clerk. The City Clerk and national registry shall be updated with any change of ownership, address, or telephone number within fourteen (14) days of such change.
(3) Required Signage. All owners, keepers or harborers of a Restricted Dog Breed shall within thirty (30) days of the effective date of Ordinance No. 1059 display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog”.
(4) Maximum number of allowed animals; Kennel Licenses Prohibited. No person or household shall be allowed to possess more than four (4) dogs considered a Restricted Dog Breed of six months of age or older or more than one litter of pups, or engage in the commercial business of breeding, buying, selling, trading, training or boarding of Restricted Dog Breeds.
(5) Felons in possession of a Restricted Dog Breed. No persons convicted of a felony shall own, keep or harbor a Restricted Dog Breed in the city limits of the City of St. John, Kansas. In addition, no Restricted Dog Breed shall be kept or harbored if the primary location where such dog is to be kept or harbored. is the residence of a person who has been convicted of a felony. For purposes of this action, a felony conviction shall include those felonies defined by Kansas law or convictions of crimes, which if convicted in Kansas would be considered a felony conviction.
(d) VIOLATIONS AND PENALTIES. Any person violating or permitting the violation of any provision of this section shall upon conviction in municipal court be deemed guilty of a Class C misdemeanor and be fined a sum of not less than $250.00. In additions to the fine imposed, the Court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty (30) days. Further, if upon a second conviction of this section, all Restricted Breed Animals kept, owned or harbored by the person and person’s household shall immediately be impounded and the costs of such impoundment, including veterinarian expenses, shall be borne by the person found to have violated this section. Thereafter the owner or other person legally responsible shall have seven (7) days in which to find a location for such animal or dog outside the city limits of the City of St. John, Kansas. If no location is found for such animal, then the court shall order the animal euthanized and the expense thereof shall also be borne by the owner or legally responsible person. No person who has had dogs confiscated as a result of convictions under this section shall be allowed to own, keep or harbor a Restricted Dog Breed in the city limits of the City of St. John, Kansas. In addition, no Restricted Dog Breed shall be kept . or harbored if the primary location where such dog is to be kept or harbored is the . residence of a person who has had animals confiscated as a result of this section.
(e) SEVERABILITY. If any section, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance.
(Code 2006; Ord. 1059)
(a) Definitions as used in this section:
(1) “Picket” means attaching a leash, rope, chain, lead, tether or other similar apparatus or device to the body of an animal and other object for the purpose of confining the animal or limiting the movement of the animal.
(2) “Owner” means the person who harbors the animal and/or has a license to keep the animal.
(3) “Person” means any individual, firm, association, joint stock company, syndicate, partnership or corporation.
(b) It shall be unlawful for any person to continuously picket a dog for more than one continuous hour, except that picketing of the same dog may resume after a hiatus of three continuous hours, for up to three hours total time on picket per day.
(1) For the purpose of picketing a dog, a chain, leash, rope or tether shall be at least ten feet in length.
(2) A chain, leash, rope collaring device, tether, or any assembly or attachments thereto used to picket a dog shall not weigh more than one eighth of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area picketed.
(3) Dogs shall be picketed in such a manner as to prevent injury, strangulation, or entanglement on fences, trees, or other man-made or natural obstacles.
(4) It shall also be unlawful to attach chains, or other tether restraint implements directly to a dog without the proper use of a collar, harness, or other device designed for that purpose and made: from material that prevents injury to the animal.
(e) Violation of this section shall be punishable by a fine not to exceed $100.00 per day for every day said dog is picketed in violation of this section.
(Code 2006)