(a) Irrespective of whether a criminal complaint is filed pursuant to a separate section of this Code, a separate administrative action may be commenced to impose a heightened standard of care upon the owners of dogs that are potentially vicious. A vicious animal is an animal that commits a vicious act as defined in subsection (b) of this section. Owners/harborers of animals which commit such acts shall be subject to the provisions of this Article.
(b) For the purpose of this Article, the following shall be prima facie evidence of viciousness and shall subject the dog and the owner(s)/harborer(s) of such dog to the provisions of 2-304:
(1) to attack without provocation, to cause injury by any means, or to otherwise threaten the safety of a human being or domesticated animal;
(2) to be owned or harbored primarily or in part for the purpose of dog fighting;
(3) to be trained for dog fighting;
(4) to chase or approach a person upon the streets, sidewalks or any public or private property, without provocation and in a menacing fashion or apparent attitude of attack; or
(5) to have been declared vicious by any other court, within or outside the State of Kansas.
The provisions of this article shall not apply to any animal control shelter or facility, veterinarians licensed by the state of Kansas, or to any dog utilized by any law enforcement agency or law enforcement officer in the performance of official duties. For the purposes of this section, “law enforcement agency” shall mean the city, county, state or federal entity empowered, authorized or charged with enforcing the criminal laws of its jurisdiction and “law enforcement officer: shall mean any employee or volunteer of a law enforcement agency having the power of arrest and to carry firearms in the discharge of their official duties.
(a) Except as provided in subsection (d) below, the keeping of dogs determined to be vicious pursuant to section 2-304 shall be subject to the following standards:
(1) Control. Such dogs shall be within the control of the owner, harborer or keeper at all times. There shall be a rebuttable presumption that an owner, harborer or keeper is not in control of such animal if it attacks or bites a human being or domesticated animal without provocation; or chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack without provocation.
(2) Leash or muzzle. No person or entity shall permit such dog to be outside a kennel or pen unless such dog is securely leashed with a leash having a tensile strength of at least three hundred (300) pounds and which does not exceed four (4) feet in length. No person shall permit such dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person of eighteen (18) years of age is in actual physical control of the leash. Such dogs shall not be leashed outside their kennels or pens to inanimate objects. When outside their pens or kennels, all such dogs must, in addition to the leash requirements of this subsection, be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(3) Confinement. All such dogs shall at all times be securely confined indoors or in an enclosed and locked pen, kennel or structure which shall be located upon the premises of such dog’s owner. Such pens, kennels or structures shall have secure sides and secure tops which shall be attached to the sides and shall be locked at all times with a key lock or combination lock. Such structures shall also have secure bottoms or floors attached to the sides thereof or the sides of such structures shall be embedded in the ground at a depth of at least two (2) feet. In addition, all such structures shall at all times comply with all zoning, building and other laws, ordinances or regulations of the city or any other applicable laws, and shall be adequately lighted, ventilated and maintained in clean and sanitary condition. Such structures shall also protect dogs confined therein from the weather and elements.
(4) Signs. All owners, keepers or harborers of such dogs shall, no later than fourteen (14) days following the determination by the court that a dog is vicious, cause to be displayed in a prominent place on any premises whereupon such dogs are owned, kept or harbored, a sign bearing the phrase “Beware of Vicious Dog” which shall be conspicuously located so as to provide adequate warning of the presence of such dog. An identical sign shall at all times be posted on the kennel or pen of such dog.
(5) Insurance. All owners, keepers or harborers of such dogs shall, no later than thirty (30) days following the determination by the court that a dog is vicious, provide proof to the city clerk of having current public liability insurance in a single incident amount of $500,000 for bodily injury to, or death of, any person or persons or for damage to the property of any person that may result from such owner’s dogs. Such insurance policy shall provide that not policy cancellation shall be made and be effective unless ten (10) days written notice thereof is first provided to the city clerk.
(6) Reporting requirements. All owners, keepers or harborers of such dogs must, within ten (10) days following any incident identified in this subsection, report in writing the following information to the city clerk:
(A) the removal from the city or death of any such dog;
(B) the birth of offspring of any such dog, and
(C) the new address of such dog’s owner should such owner change addresses within the city.
(7) Registration and vaccination requirements. All owners, keepers or harborers of such dogs must ensure that such dogs are properly registered and vaccinated.
(8) Transfer of ownership prohibited. No person shall sell, barter, gift, give away or in any other way transfer to or dispose of any such dog to any person within the city unless the person receiving such animal is a permanent resident of the same household residing at the same premises as the registered owner; provided, that the registered owner of such dog may sell, transfer, barter, gift, give away, transfer or otherwise dispose of such a dog or the offspring thereof to persons who do not reside within the city and who shall not keep, maintain or harbor such animal within the city.
(9) Animals born of such dog. All offspring born of such registered dogs must be removed from the city within eight (8) weeks of their birth.
(10) Rebuttable presumption. There shall be a rebuttable presumption that any dog registered with the city as a vicious dog as defined by this code is in fact a dog subject to the requirements of this article.
(b) Failure to comply. It shall be unlawful for the owner, keeper or harborer of a vicious dog registered with the city to fail to comply with the requirements and conditions of this article or of any other applicable law. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment by an animal control or law enforcement officer and shall remain impounded pending the hearing to be held pursuant to this section. The owner or keeper of the dog shall be liable to the city for the costs and expenses of keeping the dog if such dog is determined by the court to be vicious.
(c) Violations and Penalties. Any person violating or permitting the violation of any provision of this section shall upon conviction be fined a sum of not less than $200 and not more than $1,000. In addition to such fine, the court may sentence the defendant to imprisonment for a period not to exceed six (6) months and shall order the registration of the dog subject to the violations revoked and the dog removed from the city. Should the defendant refuse to remove or cause the removal of such dog from the city, the court shall find such defendant in contempt of court and order the immediate confiscation and impoundment of such dog. Failure to comply with any one (1) of the requirements set out in subsection (1) through (12) shall constitute a separate violation and offense. Each day that a violation of this article continues shall be deemed a separate violation and offense. In addition to, and not as an alternative to, the penalties prescribed by this subsection, any person violating any provision of this article shall be liable to the city for the payment of all expenses, including shelter, food, handling, and veterinary care necessitated by or incidental to the enforcement of this article.
(d) Vicious Dogs may not be relocated to Colwich. Dogs declared vicious by either administrative action or the action of a state or local court outside of Colwich shall not be permitted to relocate within the City of Colwich. Any dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment by the animal control or law enforcement officer and shall remain impounded pending a hearing to establish violation of this section, in the same manner as set forth within this article. The owner or keeper of the dog shall be liable to the city for the costs and expenses of keeping the dog if such dog is determined by the court to be within the City in violation of this section. Additionally, the owner or harborer shall cited for violation of this section, and subject to the penalty provisions set forth in subsection (c) above, and the dog shall be either removed from the City or humanely destroyed.
(a) Whenever an animal control or law enforcement officer determines that there exists probable cause to believe a dog is vicious, such officer shall petition the municipal court for a hearing to determine whether such dog should be declared vicious. Whenever practical, any complaint/petition received from a member of the public which serves in whole or in part as the evidentiary basis supporting a finding of probable cause that a dog is vicious shall be sworn to and verified by the complainant and attached to the officer’s petition. Failure to attach such verified complaints shall not be grounds for dismissing the complaint or finding that the dog is not vicious, but such complainants shall be present at the hearing to officer evidence upon the matter.
(b) The owner or keeper of the dog shall be notified that a hearing will be held by the municipal court, at which time such owner or keeper may present evidence that the dog is not vicious. Such owner or keeper shall be served with notice of the hearing and a copy of the complaint, either personally or by certified mail with return receipt requested. If the certified letter is refused or not delivered, the animal shall be immediately impounded if not already impounded. The owner shall be notified by first class mail that the animal will be turned over to the humane society for disposal seventy-two (72) hours following the mailing of the letter unless the owner requests the City continue to hold the animal for an administrative hearing pursuant to this article. If the owner does not respond to the letter the animal shall be deemed abandoned and subject to disposal as deemed appropriate by the animal control officer.
(c) If an animal control or law enforcement officer determines that probable cause exists to believe a dog with respect to which a complaint has been filed pursuant to this section poses an immediate threat to public safety, such officer may seize and impound the dog pending the hearing to be held pursuant to this section. The owner, harborer, or keeper of the dog shall be liable to the city for the costs and expenses associated with caring for the dog while it is impounded if the dog is determined by the court to be vicious.
(d) If, following notice and hearing, the court determines that the dog is vicious beyond a reasonable doubt as described within this article, the owner or keeper shall comply with the provisions of this article within the time established in an order prepared by the court.
(e) No dog may be declared vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of such dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.
(f) No dog may be declared vicious if such dog was protecting or defending a person within the immediate vicinity of such dog from an unjustified attack or assault.
(g) No dog may be declared vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was at large, including cats, or if the animal was the aggressor in causing the altercation.