CHAPTER II. ANIMALS AND FOWLCHAPTER II. ANIMALS AND FOWL\ARTICLE 3. DOGS, GENERAL

It shall be unlawful for any person to own, keep or harbor any dog over six (6) months of age within the corporate limits of the City of Andover without first having obtained a license there.

(Ord. 135)

It shall be the duty of the owner, keeper or harborer of any dog over six (6) months of age to register the same with the Police Department.  The owner, keeper or harborer of any such dog shall, at the time of registration, make application on a form provided by the city, stating his name and address and the name, breed, color and sex of each such dog: PROVIDED; that the provisions of this section shall not apply to a nonresident temporarily in the city for a period less than two (2) weeks, nor to dogs brought into the city for the specific purpose of participating in a dog show, nor to so-called “seeing-eye” dogs properly trained to assist blind persons when such dogs are being actively used in aiding blind persons in going from place to place.

(Ord. 135)

Any person who shall own, keep or harbor any dog or dogs six (6) months of age or over within the corporate limits of the City of Andover shall apply for registration of the same to the Police Department. Said registration shall be valid for two or three years depending on the expiration of the animal’s rabies vaccination.

The registration and license fee for each dog which is spayed or neutered shall be $10.00.  The registration and license fee for each dog that is not spayed or neutered will be $15.00.  Proof of spayed or neutering from a licensed veterinarian must be provided at registration.

(Ord. 684; Ord. 1255, Sec. 9)

Upon registration, the Police Department shall issue to the owner a license certificate and metallic tag for each dog so licensed.  The license tag shall have stamped thereon the year(s) for which the same is issued and the license number of such dog.  Each owner shall be required to provide each dog with a collar to which the license tag must be affixed and shall be responsible that the tag and collar are worn by such dog.  Should a dog tag be lost or destroyed, the owner shall forthwith apply to the Police Department for a duplicate license tag and shall pay unto the Police Department the sum of one dollar ($1.00) for such duplicate dog tag.  Dog licenses and tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of the death of the dog or the removal of the dog from the city before the expiration of the license.

(Ord. 684)

Any person making application for a license for a dog shall be required to exhibit to the Police Department at the time of making such application a certificate issued by a licensed veterinarian showing that such dog has been vaccinated or inoculated with a recognized anti-rabies vaccine and showing that the inoculation so administered to such dog will be effective for the entire period of time for which such license is issued.

(Ord. 135)

Whenever it shall become necessary to safeguard the public from the dangers of hydrophobia or rabies, the Mayor is hereby empowered to issue the proclamation of declaring it necessary to muzzle or confine, or both, all dogs in the city. 

(Ord. 135)

When a city law enforcement officer believes that any dog has been exposed to or is infected by rabies, it shall be the duty of the law enforcement officer to impound such dog and notify the owner in writing of such impoundment and not to release such dog until the owner thereof has furnished the certificate of licensed veterinarian to the effect that such dog is not infected with rabies.  In the event that such dog is found to be incurably infected with rabies, then in that event three (3) days notice of such infection shall be furnished to the owner, if known and thereafter the dog shall be destroyed.

(Ord. 135)

The owner of any dog which may be reasonably suspected of being infected by rabies or any other infectious disease dangerous to the public, shall forthwith notify a city law enforcement officer of such belief, and any owner, keeper, or harborer of a dog who knows or has reasonable belief that such dog is infected with rabies, or where such dog has attacked or bitten a human being, shall at his own expense confine said dog in a manner such that the dog cannot bite or attack any person or other animal for a period of at least  ten (10) days and shall not release such dog from confinement until the Police Department has been presented with a certificate of a doctor of veterinary medicine certifying that the dog is not rabid.

(Ord. 135)

All funds obtained by the City Treasurer under the provisions of this article for licensing fees charged herein shall be credited to the General Operating Fund of City.

(Ord. 135)

Any person violating any of the provisions of this article for which another penalty is not specifically provided shall, upon conviction thereof, be assessed or levied a fine of $25.00. The fines and fees as set forth herein may be modified from time to time by simple Resolution, which Resolution(s) shall at all times be on file in City Hall and available for inspection.

(Ord. 684; Ord. 1527)

(a)   Pit Bulls Unreasonably Dangerous. The governing body of the city finds and determines that pit bull dogs, as hereinafter defined, are unreasonably dangerous to persons and other animals within the city and that it is in the best interest of the inhabitants of the community to prohibit them from the city limits except as otherwise provided in this section.

(b)   Prohibition. Except as otherwise provided in this section, it shall be unlawful to keep, harbor, own or in any way possess any pit bull dog, as hereinafter defined, within the corporate limits of the city.

(c)   Definition. As used in this section, “pit bull dog” or “Pit Bull” means:

(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 terrier;

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

Specifically excepted from the definition of “pit bull dog” or “Pit Bull” is any dog with proof, by a written certification from a veterinarian licensed by the State of Kansas, that the dog does not contain in its lineage any American pit bull terrier, American Staffordshire terrier or Staffordshire bull terrier.

(d)   Pit Bull Characteristics. In determining the characteristics pursuant to subsection (c)(6), a dog which possesses five out of the following eight characteristics shall be considered to be a Pit Bull:

(1)   Head is medium length, with a broad skull and very pronounced cheek muscles, a wide, deep muzzle, a well-defined, moderately deep stop, and strong under jaw. Viewed from the front the head is shaped like a broad, blunt wedge.

(2)   Eyes are round to almond shaped, are low in the skull and set far apart.

(3)   Ears are set high. Un-cropped ears are short and usually held rose or half prick, though some hold them at full prick.

(4)   Neck is heavy and muscular, attached to strong, muscular shoulders.

(5)   Body is muscular, with a deep, broad chest, a wide front, deep brisket, well-sprung ribs, and slightly tucked loins. 

(6)   Tail is medium length and set low, thick at the base, tapering to a point.

(7)   Hindquarters are well muscled, with hocks, set low on the legs.

(8)   Coat is a single coat, smooth, short and close to the skin. Pit bull puppies have the same characteristics, though in juvenile or adolescent form. Muscles, along with breadth and depth of head and chest may be less developed.

(e)   Exemptions. The prohibition of subsection (b) shall not apply to:

(1)   currently licensed veterinarians licensed by the State of Kansas who are treating or harboring pit bull dogs at their appropriate facilities in the city;

(2)   animals that are being transported through the city; or

(3)   a service dog to accommodate an individual with a disability recognized by the Americans with Disabilities Act (ADA), provided that owner, keeper, or harborer of the dog can provide reliable verification of the training and use of the dog as a service dog and approved by the City Prosecutor or the Municipal Court Judge; and provided, subject to the reasonable accommodations provisions of the ADA, all such dogs must be licensed and registered with the city and comply with all other Municipal ordinances pertaining to dangerous animals, including subsection (f) of this section.

(f)   Requirements for Exempt Pit Bulls.  Any Pit Bull remaining within the city pursuant to an exemption afforded by subsection (e) shall nonetheless be kept in accordance with the following requirements:

(1)   Leash and Muzzle.  No person shall permit a pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length.  No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash.  Such dogs may not be leashed to inanimate objects such as trees, posts or buildings.  In addition, all pit bull dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

(2)   Confinement.  All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided.  Such pen, kennel or structure must have secure sides and a secure top attached to the sides.  All structures used to confine pit bull dogs must be locked with a key or combination lock when such animals are within the structure.  Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet and the sides being of sufficient construction as to prohibit the animal from passing through.  All structures erected to house pit bull dogs must comply with all zoning and building regulations of the city.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(3)   Confinement Indoors.  No pit bull 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.  In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.

(4)   Signs.  All owners, keepers or harborers of pit bull dogs within the city shall display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.”  In addition, a similar sign is required to be posted on the kennel or pen of such animal.  This to be done prior to the effective date of this ordinance.

(5)   Insurance.  All owners, keepers or harborers of pit bull dogs within the city must provide proof to the Police Department of the public liability insurance in a single incident amount of $100,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal.  Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is first given to the Police Department.  Said proof of insurance will be required annually.

(6)   Identification Photographs.  All owners, keepers, or harborers of pit bull dogs within the city must provide to the Police Department two color photographs of the animal clearly showing the color and approximate size of the animal.

(7)   Reporting Requirements.  All owners, keepers or harborers of pit bull dogs within the city must report the following information in writing to the Police Department, within 10 days of the occurrence of any of the following:

(A)  The removal from the city or death of a pit bull dog;

(B)  The birth of offspring of a pit bull dog;

(C)  The new address of a pit bull dog owner should the owner move within the corporation city limits.

(8)   Sale or Transfer of Ownership Prohibited.  No person shall sell, barter or in any other way dispose of a pit bull dog to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the owner of such dog; provided, that the owner of a pit bull dog may sell or otherwise dispose of a dog or the offspring of such dog to persons who do not reside within the city.

(9)   Animals Born of Dogs.  All offspring born of pit bull dogs in the city must be removed from the city within eight weeks of the birth of such animal.

(10) Failure to Comply.  It shall be unlawful for the owner, keeper, or harborer of a pit bull dog to fail to comply with the requirements and conditions set forth in this section.  Any dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment.  In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city.

(g)   Notice of Keeping Pit Bull. Upon the complaint of any person that another owns or is keeping or harboring a Pit Bull in violation of this section in the city, the Chief of Police or his or her authorized designee shall forthwith cause the matter to be investigated.  If after investigation the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such Pit Bull in the city, he or she shall forthwith provide written notice to such person requiring such person to safely remove said animal from the city within three days of the date of said notice.  Following three days from the date of said notice, the Chief of Police or his or her authorized designee shall verify that the Pit Bull has been removed from the city.  If it is determined that the Pit Bull has not been removed, or learned later that the Pit Bull has been returned, the person whom notice was served shall immediately be cited for violation of subsection (b) and said Pit Bull shall be seized and impounded.  No notice, as herein otherwise provided, shall be required where such Pit Bull has previously caused physical harm, serious injury or death to any person or domestic animal, or has escaped and is at large in which case the said Pit Bull shall be immediately seized and impounded. Additionally, the owner or harborer of said Pit Bull, if known, shall be cited for violation of subsection (b) and any other applicable violations of City Code.   

(h)   Seizure and Impounding of Pit Bull. The Chief of Police or his or her designee shall forthwith cause to be seized and impounded any Pit Bull, where the person owning, keeping or harboring such animal has failed to comply with the notice provided pursuant to subsection (g); or such Pit Bull has previously caused physical harm, serious injury or death to any person or domestic animal, or has escaped and is at large.  Upon seizure and impoundment, said animal shall be delivered to a place or confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.  If during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the Chief of Police may render said animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then said animal may be killed.  Any Pit Bull seized and impounded pursuant to this subsection shall be held in confinement at an animal shelter approved by the city until such time that the case is heard or resolved and findings or a determination by the court has been made.

(i)    Animal Disposition; Fees. Any person aggrieved by or dissatisfied with any decision or action taken pursuant to subsection (h) regarding seizure and impounding may, within ten days after such action is taken, file a written notice or statement of appeal from said decision or action to the municipal court for a hearing thereon. A fee of $25.00 shall be paid to the Municipal Court Clerk and is required for each appeal to the municipal court, and no appeal shall be set for hearing until such fee has been paid.  The filing of an appeal under this subsection shall not stay any other action taken or citation issued pursuant to this section.  If an appeal is not filed under this subsection, the Municipal Court Judge will nonetheless make a final determination as to the fate or disposition of any animal seized or impounded in accordance with the requirements of this section.

(j)    Disposition Hearing. The hearing on the appeal provided for in subsection (i) shall be conducted by the Municipal Court Judge.  The sole issue for determination shall be whether decisions or actions of the Chief of Police or his or her designee were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature.  The Court shall make specific findings of fact and conclusions of law in each case.  If the animal is determined by said Judge to not be a Pit Bull as defined by the Code, the animal will be ordered released to the owner(s). If in the Judge’s opinion, the animal is a Pit Bull, the Judge may release the Pit Bull to owners to be relocated outside of the city; release the Pit Bull to an animal shelter for adoption consideration; or when appropriate, based on the Pit Bull’s history of behavior or actions, order the Pit Bull euthanized.

(k)   Subpoena Power. The Municipal Court Judge is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter heard pursuant to subsections (i) and (j).  In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he or she may be lawfully questioned, the court may order such person to comply with such subpoena and testify; and failure to obey the court’s order may be punished by the court as contempt.

(l)    Appeal; District Court. Pursuant to Kansas law, any aggrieved party may appeal the decision and findings of the Municipal Court Judge made pursuant to this section.  The filing of an appeal under this subsection shall not stay any action taken pursuant to this section, other than the euthanization of an animal.

(m)  Severability. If any subsection, subdivision, paragraph, sentence, clause or phrase in this section or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this section or any part thereof. 

(n)   Violations and Penalties. Any person violating or permitting the violation of any provision of this section shall upon conviction in municipal court be fined a sum not less than $500.00 and not more than $2,500.00.  In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed one year, or by both fine and imprisonment, at the decision of the court.  In addition, the court shall order the Pit Bull immediately removed from the city.  Should the defendant refuse to remove the Pit Bull 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 section continues shall be deemed a separate offense.  In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this section.

(o)   Costs to be Paid by Responsible Persons. Any reasonable costs incurred by the Chief of Police or his or her authorized designee in seizing, impounding, confining or disposing of any Pit Bull, pursuant to the provisions of subsections (g) or (h), shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the Municipal Court Clerk..

(Ord. 1081; Ord. 1239; Ord. 1662)