Chapter II · Animal Control and Regulation

Article 4. Dangerous Dogs

Sections 2-401 to 2-407 · 7 sections

2-401 Definitions.

As used in this section, “dangerous dog” shall mean and include any of the following:

(a)Any dog which has a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

(b)Any dog which has attacked a human being or domestic animal without provocation; or

(c)Any dog kept or harbored primarily, or in part for the purpose of dog fighting, or any dog trained for fighting; or

(d)Any dog, not owned by a governmental or law enforcement unit, used primarily to guard public or private property.

(Ord. 277; Ord. 356; Code 2018)

2-402 Keeping of dangerous dogs.

It shall be unlawful for any person to own, keep or harbor a dog that such person knows, or reasonably should know, to be a dangerous dog, unless the owner, keeper or harborer complies with all of the following requirements:

(a)Confinement. The dangerous dog shall be confined, as set forth hereinafter. “confined,” as that term used in this section, shall mean such dog is securely kept indoors or in a securely enclosed and locked pen or dog-run area made of at least nine-gauge chain link with no more than one-inch spacing. Said pen or run must be locked with a key or combination lock whenever such dog is within the structure. Said pen or dog run area must have sides at least six feet high and be secured over the top. If the pen or dog-run area has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot deep. No dangerous dog may be kept on a porch, patio, or in any part of a structure that would allow the dog to exit the structure on its own volition. No dangerous dog may be kept in a structure when the windows are open or when screened windows or doors are the only obstacle preventing the dog from exiting the structure.

(b)Leash and muzzle. When the dangerous dog is not confined pursuant to subsection (a), the dog shall be securely muzzled and restrained with a leash, chain, rope, or harness having a minimum tensile strength of 300 pounds and not exceeding four feet in length.

(c)Notice. The owner, keeper, or harborer shall display, in a prominent place on the premises where the dog is kept, a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign shall be posted on the pen or run of such animal.

(d)Registration and reporting. The owner, keeper or harborer of a dangerous dog shall properly license the dog pursuant to this chapter, and pursuant to the provisions set forth in this subsection. In addition to having, or obtaining, the license required by this chapter, an owner, keeper or harborer of a dangerous dog shall submit a completed application for a dangerous dog license to the city clerk or his/her designee, or on or before August 1, 2011, or within five business days of the date upon which the dog would be deemed to be dangerous under the provision of this section, if such occurs after August 1, 2011. The application for a dangerous dog license shall be submitted on forms provided by the city clerk, and to be considered a completed application it shall be accompanied by all documents and other information required hereunder, upon issuance, the dangerous dog license shall be effective for one year from the date of issuance, or for the duration of the liability insurance required by this section, whichever is shorter, and shall be replied for prior to its expiration. Such dangerous dog license shall not be transferable, and shall expire whenever changes occur that would make the keeper or harborer ineligible to obtain a license. The owner, keeper or harborer of the dangerous dog shall pay a $______ annual registration fee for each dangerous dog, and such fee shall be submitted with the application for a dangerous dog license. No dog shall be considered to be unlicensed under the terms of this subsection, if the owner, keeper or harborer has timely filed a completed application, until such application has been denied. The owner, keeper or harborer of the dangerous dog shall maintain with the city clerk or his/her designee the address where the dangerous dog is primarily kept or harbored. The owner, keeper or harborer shall notify the city clerk or his/her designee within five business days if any of the following occurs:

(1)A change in primary address where the dangerous dog is kept or harbored, whether in or out of the city limits; or

(2)A change in the person who is owning, keeping or harboring the dangerous dog; or

(3)The death of the dangerous dog; or

(4)Any change in the information supplied in the application for the dangerous dog license, or in the information submitted along with such application.

(e)Insurance. Any owner, keeper or harborer of a dangerous dog shall maintain liability insurance in the single-incident amount of $100,000.00 bodily injury or death of any person(s), or for damage to property which may result from actions of the dangerous dog, or from actions or inactions of the owner, keeper or harborer related to the dangerous dog. The application, or reapplication, for a dangerous dog license, pursuant to subsection (d), shall include a certificate of liability insurance that indicates the required insurance level and is valid for the intended registration period.

(f)Neutering. The dangerous dog shall be spayed or neutered by a veterinarian licensed by the state of Kansas. The application, for a dangerous dog license, pursuant to subsection (d), shall include documentation showing that the dog has been spayed or neutered.

(g)Identification. The dangerous dog shall have an identification microchip inserted into the dog, which shall not be removed during the dog’s life. The application, or reapplication, for a dangerous dog license, pursuant to subsection (d), shall include documentation showing that such microchip has been properly inserted. Any owner, keeper or harborer of the dangerous dog must, prior to the issuance of the dangerous dog license, make the dog available to the city to take photographs to the city to be used to depict the animal’s size, coloring, and distinguishing features. Failure to make the dog available, when reasonably requested by the city, shall be grounds for denial of the application.

(Ord. 277; Ord. 356; Code 2018)

2-403 Standard of care.

Any owner, keeper or harborer of a dog that is a size and breed that allows the dog to be capable of inflicting life-threatening injuries upon human beings or domestic animals is hereby held to a very high standard of care regarding their knowledge of factors or indicate that the dog may be dangerous as defined in subsection (a). The court, in determining whether an owner, keeper or harborer of such dog reasonably should know about the dog’s dangerousness, shall apply such very high standard. Examples of breeds to which this standard applies include, but not limited to, the following, to wit:

(a)American Pit Bull Terrier;

(b)American Staffordshire Terrier;

(c)Argentine dogo;

(d)Cane Corso;

(e)Chow;

(f)Dogue de Bordeaux;

(g)Doberman Pinscher;

(h)Fila Brasileiro;

(i)German Shepherd;

(j)Perro de Presa Canario;

(k)Rottweiler;

(l)Staffordshire bull terrier;

(m)Any dog, whether purebred or mix, that has the appearance and characteristics of any one of the breeds in subsection (a) through (l).

(Ord. 277; Ord. 356; Code 2018)

2-404 Limit of dogs.

All breeds of dogs over the age of 6 months as listed in section 2-403 shall be limited to a combination of two (2) for ownership in any household.

(Ord. 277; Ord. 356; Code 2018)

2-405 Determination of dangerous dog.

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 this article such officer may file an affidavit with the municipal court judge, setting forth the facts upon which such officer relies to support such probable cause. Upon receipt of such affidavit, if the judge determines that the facts set forth in the affidavit are sufficient to establish such probable cause, the judge shall schedule a hearing for the purpose of determining whether or not the dog in question should be deemed dangerous as defined by this article. The judge shall also, upon request of the city prosecutor, issue a search warrant, to seize, and to impound the dog at the municipal animal shelter pending the determination of whether the dog is dangerous. The court shall provide notice of the hearing to any known owner, harborer or keeper of the dog. Such notice shall be served on such owner, harborer or keeper in the same manner as the service of a subpoena. The hearing date shall not be less than five days or more that 30 days following the date of service upon the harborer or keeper. At the hearing, the city shall have the burden, by clear and convincing evidence, to prove that the dog is dangerous pursuant to this article and shall present to that effect. The owner, keeper or harborer of the dog may present evidence to rebut the city’s evidence. The failure of the owner, keeper or harborer to attend or participate in the hearing shall not prevent the judge from making the appropriate determination concerning the dog. After the hearing, the owner, keeper or harborer of the dag shall be notified in writing of the judge’s determination. If a determination is made that the dog is dangerous, the owner, keeper or harborer shall comply with the requirements of this article and shall pay the costs of impoundment as set forth by McPherson City Animal Shelter or similar contracted shelter by the city within the time frame established by the court, which shall not be more than 30 days. If the dog has been impounded pending the determination by the court, the dog shall remain impounded until the harborer or keeper has complied with this article. If the keeper or ha borer fails to comply with the provisions of this article within the time frame established by the court, and the court has not granted an extension of such time, the owner, keeper or harborer shall be deemed to have abandoned the dog and it shall become the property of the city. The city shall have the right to dispose of the dog in any manner it determined to be applicable, including the destruction of the dog. The city or the owner, keeper or harborer may appeal the judge’s determination to the McPherson County District Court, by filing an appeal, and posting the appropriate bond, pursuant to Article 46 of Chapter 12 of the Kansas Statutes. In the event of an appeal by the owner, keeper or harborer of a dog impounded hereunder, the bond for such an appeal shall include an amount to insure the payment of the costs of impoundment for 30 days and such bond may be adjusted during the pendency of such appeal. The failure to post such bond or any adjustment thereto, within a time frame established by the court shall be deemed and abandonment of the dog by the owner, keeper or harborer and the city shall have the right to dispose of the dog in any manner it determines to be applicable, including the destruction of the dog. If the dog is not determined to be dangerous, the court may determine whether the owner, keeper or harborer shall pay any, or all of the costs of impoundment, taking into consideration whether other reason(s) existed for impoundment and such other relevant factors as the court determines.

(Ord. 277; Ord. 356; Code 2018)

2-406 Order to destroy animal.

In addition to any penalties the court may prescribe for violation of this section, is the court finds, after notice to the keeper, owner or harbor an opportunity for hearing, that such dangerous dog represents a continuing threat of serious harm to human being or other domestic animals, either because the court finds that the keeper or harborer is unlikely to comply with the provisions of this article, or because the court finds that, even with compliance with this article, the dangerous dog poses a threat to the public that is unreasonable, the court shall order such animal destroyed.

(Ord. 277; Ord. 356; Code 2018)

2-407 Eligibility for dangerous dog license.

No person who has been convicted of a violation of this chapter shall keep or harbor a dangerous dog, nor shall such person be eligible for a dangerous dog license for a period of five years following such conviction. In addition, no dangerous dog shall be kept or harbored, and no license shall be issued for any dog, 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 violation of this section within the previous five years. Except that, if the court permits the person who has been convicted of a violation to keep or harbor his or her dangerous dog(s) existing at the time of the conviction, the person may keep and harbor such dogs and apply for or reapply for a dangerous dog license only for those particular dog(s).

(Ord. 277; Ord. 356; Code 2018)