There is hereby established the position of Animal Control Officer within the City of Andover, Kansas.  Animal Control Officers shall include each and every member of the Andover Police Department and such other persons as the City of Andover shall from time to time designate.  All duly appointed Animal Control Officers shall have the powers of Law Enforcement Officers for the purposes of signing complaints, issuing summons, and serving notices to appear when the Animal Control Officer has probable cause to believe that a person has violated or is violating a section of this ordinance or when such violation has occurred in the presence of said officer.

(Ord. 590; Ord. 1675)

As used in this Article, the words and phrases defined in this Article shall have the following meanings, unless the context otherwise requires:

(a)   Adequate care-means normal care and prudent attention to the needs and welfare of an animal, including that care normally needed to maintain good health of the animal, including clean and dry bedding and resting surfaces, grooming, removal of manure, and:

(1)   Adequate food-means wholesome foodstuffs suitable for the animal provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health of the animal considering its age and condition; and

(2)   Adequate health care-means the provision to an animal of all immunizations and preventive care required to maintain good health; space adequate to allow the animal to rest and exercise sufficient to maintain good health; and the provision to each sick, diseased or injured animal of necessary veterinary care or humane death; and

(3)   Adequate shelter-means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the animal, considering the condition and age of the animal which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions; and

(4)   Adequate water-means a continual access to or access at suitable intervals to a supply of clean, fresh, potable water provided in a sanitary manner suitable for the condition of the animal.

(b)   Animal shelter-means the facility or facilities authorized to care for animals impounded or held under the authority of the ordinances of the City of Andover or the State of Kansas.

(c)   Attack-means violent or aggressive physical contact with a person or domestic animal, or violent or aggressive behavior that confines the movement of a person, including, but not limited to, charging, cornering, chasing, or circling a person.

(d)   Bite-means any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

(e)   Dangerous animal-means and includes any: dangerous dog as defined in 2-503, other mammal, amphibian, fish, reptile or fowl which is of a species which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well-being, or property, including but not limited to, lions, tigers, leopards, panthers, bears, wolves, apes, gorillas, monkeys of a species whose average adult weight is 20 pounds or more, foxes, elephants, alligators, crocodiles, and snakes which are venomous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup including, but not limited to, boa constrictors, Madagascar ground boas, green and yellow anacondas, Cuban boas, Indian pythons, reticulated pythons, African rock pythons, Amethystine pythons, Boelen's pythons and all members of the family pythonidae that exceed six feet in length.

(f)    Dangerous dog-means any dog that has been declared dangerous or potentially dangerous pursuant to 2-503.

(g)   Dog-means any animal which is of the species Canis Familiaris. Such term shall not include hybrid breeds of dogs which have been bred to a wild animal.

(h)   Domestic animals-means all animals that have been domesticated, such as, but not limited to, dogs, cats, cattle, horses, swine, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons or other fowl.

(i)    Microchip-means a passive transponder which can be implanted in an animal and which is a component of a radio frequency identification (RFID) system.

(j)    Neighbor-means any person residing within 200 from the outermost property line of the property where a domestic animal is owned, kept or harbored.

(k)   Owner, Keeper or Harborer-means: any person who possesses, harbors, keeps, feeds, shelters, maintains, offers refuge or asylum to any animal, or who professes to keeping, owning or harboring of such animal. In addition, any person who signs a receipt as owner, keeper or harborer for the return of an animal from any shelter or animal holding facility, shall be presumed to be the owner, keeper or harborer of the animal. A parent or legal guardian shall be deemed to be an owner, keeper or harborer of animals owned, kept or harbored upon their premises by minor children who are less than 18 years of age. Such term shall also include any person who exercises control over or is in possession of any such animal.

(l)    Person-means any individual, firm, association, joint stock company, syndicate, partnership, corporation, other state franchised business entity such as a professional association, limited liability company, or limited liability partnership, or other organization of any kind.

(m)  Picket-means attaching a leash, rope, chain, tether or other similar apparats or device to the body of an animal and another inanimate or immovable object for the purpose of confining the animal or limiting the movement of the animal.

(n)   Premises-means: a lot, plot or parcel of land including structures located thereon.

(o)   Running at large-means: any animal, with the exception of a cat, that is not confined within a fenced enclosure or shelter capable of preventing the animal from exiting at will, unless under the control of a person, either by lead, cord, rope or chain; provided that an animal may be considered confined if it is on a leash, rope or chain which is sufficient to keep the animal on the premises where picketed in accordance with 2-102 and 2-401.  For the purposes of this Article, an animal shall not be considered running at large when on the owner's property and confined by an operating electronic fencing system when the premises are clearly and prominently marked to show the existence of the electronic fencing system and the animal is equipped with the necessary and operating components of the system required to confine the animal to the owner's property. Further, a dog shall not be considered to be running at large when it is unleashed inside a dog park owned or operated by the City of Andover.

(p)   Secure enclosure-means a locked enclosure or structure measuring at least six feet in width, 12 feet in length, and six feet in height, a secure top attached to the sides which provides proper protection from the elements for the dog, is suitable to prevent the entry of young children, and is designed to prevent the animal from escaping while on the owner's property, which has been inspected and approved by the City of Andover. Such enclosure shall have a concrete or wire floor to prevent the dog from digging out or escaping from the enclosure.

(q)   Veterinarian-means a doctor of veterinary medicine licensed by the State of Kansas.

(r)    Vicious propensity-means a known tendency or disposition to approach any individual or domestic animal in an attitude of attack when there is no provocation.

(s)   Wild animal-means any species that has established breeding populations currently within North America, which is self-sufficient in the natural environment, and the majority of whose populations are not domesticated.

(Ord. 590; Ord. 1675)

(a)   The Chief of Police or designee, may, without a public hearing and based on the facts available to him or her, declare a dog to be a dangerous dog based on any one of the following guidelines:

(1)   The nature of any attack committed or wound inflicted by the animal and the need to put the community and owner on notice that the dog has displayed the propensity to inflict wounds or engage in aggressive or menacing behavior; or

(2)   The past history and seriousness of any attacks or wounds inflicted by the animal; or

(3)   The dog has exhibited an aggressive and vicious propensity toward persons or domestic animals and is capable of inflicting serious physical harm or death or damage to property; or

(4)   The conditions under which the animal is kept and maintained which could contribute to, encourage, or facilitate aggressive behavior, such as, but not limited to, allowing the animal to run at large, physical property conditions, presence of young children, the elderly, or infirm within or residing near the home, any past violations of this Article, and/or failing to provide adequate care, health care, food, shelter, or water; or

(5)   Whether the dog was owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting; or

(6)   Whether the dog has been or is adjudicated to be any degree of dangerous by the City any other jurisdiction.

(7)   In determining whether to deem a dog to be a dangerous dog, the factfinder may consider potentially mitigating circumstances such as whether the bite or scratch was made in a playful manner without any sign of aggression or whether it was a response to pain, abuse, criminal trespass, and intentional provocation.

(b)   If a dog is deemed to be a dangerous dog, the level shall be specified as “potentially dangerous” or dangerous level 1, 2, or 3 based on the nature of the attack or wound combined with the totality of circumstances. The guidelines per level are advisory in nature and shall not bind the factfinder to a particular level if the totality of circumstances warrants a higher or lower level.

(1)   Potentially Dangerous: A minor bite, nip, scratch or abrasion where skin contact or nicks may be evident but no vertical puncture wound exists; or a bite that requires medical treatment, but no attack or aggressive behavior towards the human occurs; or an attack, without an actual bite, which inhibits movement and/or otherwise qualifies as an “attack” pursuant to 2-502(c).

(2)   Level 1: Any attack as defined by 2-502(c) or bite in an aggressive manner that pierces the skin; or any attack or bite subsequent to being deemed a dangerous dog on a prior occasion.

(3)   Level 2: Any attack or bite that is incident to an attack which involves predatory aggressive behavior toward a human or other domesticated animal while running at large, including, but not limited to: chasing, stalking, circling, inhibiting movement, predatory or aggressive pack behavior; or any bite subsequent to being deemed a dangerous dog on a prior occasion.

(4)   Level 3: Any severe bite to a human requiring significant medical attention, wound closure, or other emergency medical attention; or an attack or bite with a demonstrated history of bites or attacks; or repeated non-compliance with Police requirements that indicates a risk to the public; or circumstances otherwise indicating a pronounced and obvious risk to public health or safety.

(c)   If a dog is deemed to be a dangerous dog, the conditions may be required of the dog's owner or harborer to guarantee the safety of the public including, but not limited to, attendance at an approved education course, canine aggression workshop or management plan, sterilization, liability insurance, or safety equipment.

(d)   The following conditions are minimum requirements that shall be ordered at each level:

(1)   Potentially dangerous requirements: mandatory signage and registration in accordance with 2-506(f) and microchipping in accordance with 2-502(h) and 2-506(e).  If there are no further incidents or indications of aggression, either charged in court or uncharged, and all requirements have been met, upon application in writing by the owner to the Chief of Police, the potentially dangerous dog designation and all restrictions that accompany it, may be removed after 24 months. The decision to lift the designation is at the discretion of the Chief of Police or designee.

(2)   Level 1 and Level 2 requirements: mandatory signage and registration in accordance with 2-506(f), mandatory secure enclosure as specified in 2-502(o), microchipping pursuant to 2-502(h) and 2-506(e), and a letter from a landlord if one exists, stating that the level 1 or level 2 dangerous dog may be kept on the premises. If there are no further incidents or indications of aggression, either charged in court or uncharged, and all requirements have been met, upon application in writing by the owner to the Chief of Police, the level 1 dangerous dog designation and all restrictions that accompany it, may be removed after 36 months. The decision to lift the designation is at the discretion of the Chief of Police or designee. The designation may never be removed from a Level 2 dangerous dog determination.

(3)   Level 3 requirement: Euthanasia is mandatory.

(e)   A dog that is harbored or maintained outside the city limits of Andover, but has committed acts either beyond or within the city limits of Andover that would deem it dangerous or potentially dangerous, may be deemed to be a dangerous dog under this Article and any orders made pursuant to that determination will apply if the dog enters the city limits of Andover.

(f)    Notification procedure.  If the Chief of Police or designee determines that a dog is a dangerous dog, he or she will determine an appropriate disposition based on the known facts and consistent with the provisions of this Article. The Chief of Police or a designee may impound the dangerous dog and shall notify the owner of such determination by personal service, residential service at the person's usual place of abode by leaving a copy of the notice with some person of suitable age and discretion residing therein, or by certified mail addressed to the owner's last known address, or addressed to the location where the dog is maintained. If service is by certified mail Andover Police shall request return receipt with instructions to the delivering postal employee to show to whom delivered, the date of delivery, and address where delivered. Service of process by certified mail shall be considered obtained upon the delivery. If the certified mail envelope is returned with an endorsement showing refusal of delivery, the Chief of Police or designee shall send a copy of the notice to the defendant by ordinary, first class mail. This first class mailing shall be evidenced by a certificate of mailing. Service shall be considered obtained upon the mailing of this additional notice by first class mail.

(Ord. 590; Ord. 1675)

(a)   The owner, keeper or person harboring a dangerous dog shall annually register the dog with the City of Andover on such forms designated by Chief of Police or designee. The owner, keeper or harborer shall complete an application and shall pay a $50.00 annual registration fee for a potentially dangerous dog to the City of Andover or a $300 annual registration fee for a dog deemed dangerous level 1 or 2 and shall pay all costs associated with any other requirements ordered as a result of the dangerous dog designation. If the dog's owner had a valid dog license, such owner shall not receive a refund of the licensing fees already paid.

(b)   The owner, keeper or person harboring a dangerous dog shall notify the Chief of Police in writing a minimum of 10 business days prior to any change in the address of the owner, keeper or person harboring the dog or the location of the dangerous dog and arrange for an inspection of the new property.

(c)   If the owner, keeper or person harboring a dangerous dog is required to maintain liability insurance, it shall be in the amount of at least $100,000.00 dollars for each such dog against the potential injury or damage liabilities and hazards associated with the ownership or possession of such dog. The owner or person harboring a dangerous dog shall file with the Chief of Police a certificate of insurance reflecting the required minimum insurance and shall notify the Chief of Police of any changes to the insurance policy in writing within 10 business days of the change.

(d)   Any owner, keeper or harborer who fails to comply with the provisions of this Article shall be deemed guilty of a misdemeanor and punished in accordance with 2-513.

(Ord. 1675)

(a)   The filing of an appeal under this article shall not stay any action taken pursuant to this title, other than the euthanization of an animal.

(b)   Dangerous dog. The owner of a dog declared to be a dangerous dog by the Chief of Police or designee may appeal the determination in writing to the City of Andover Municipal Court within 10 business days of receipt of such notification. The completed form shall be submitted to the City of Andover Municipal Court and the Municipal Judge will conduct an administrative hearing within 10 business days of receipt of the owner's appeal, unless good cause requires an extension of hearing date. At such hearing, testimony may be offered by the owner of the dog, animal trainers who have directly and personally evaluated the dog, Animal Control Officers, Police Officers or staff of the animal, victims of any bite or attack, witnesses to the dog's behavior, neighbors or other affected persons, and veterinarians concerning the vicious propensity of the dog. The Municipal Court Judge shall consider the factors listed in 2-503(a)(1) through (6) and by applying substantial competent evidence shall either deem the dog potentially dangerous, dangerous and assign a level or shall overrule the dangerous or potentially dangerous determination made by the Chief of Police or designee. The Municipal Court will notify the owner in writing of the outcome of the hearing within five business days.

(c)   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 this article. 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.

(d)   Costs of care during Appeal. During all stages of any appeal process, the owner, keeper or harborer of such animal shall be responsible for the cost of keeping such animal in the animal shelter. The owner, keeper or harborer of such animal can deposit cash or file a renewable, non-refundable, performance bond with the animal shelter where the animal is being held, within the appeal period, in an amount equal to the cost of care and treatment of the animal for 20 calendar days. Said cash or performance bond shall be renewable for an additional 20 calendar days and each successive 20 calendar days the animal is held by the shelter during the pendency of the appeal. Payment of said renewal shall be within five calendar days of the running of the previous 20 day period. If said cash or performance bond, or its renewal, is not tendered to the shelter within the time specified above, then the City of Andover shall have immediate ownership of such animal and the Chief of Police or designee shall determine the disposition of such animal. Absent such appeal, the Chief of Police or designee may pick up and cause the animal to be destroyed, or in lieu of such destruction he or she may permit the confinement of the animal in a manner and location that he or she deems appropriate or as provided in section 2-506.

(e)   Appeal from Municipal Court. After a Municipal Court Judge conducts an Administrative Hearing and rules based on the substantial competent facts, the Municipal Court will notify the owner in writing of the outcome of the hearing within five business days. The owner may appeal the hearing outcome to the District Court of Butler County within 10 business days of the written notification. The District Court will review the case to determine if the Municipal Court Judge's decision was supported by substantial evidence and that the administrative order was neither arbitrary nor capricious in accordance with K.S.A. 60-2101.

(Ord. 1675)

(a)   It is unlawful for an owner, keeper or harborer of a dangerous dog to permit the dog to be outside an approved or secure enclosure unless the dog is restrained by a substantial chain or leash and under physical restraint by a responsible person who is 18 years of age or older and possesses sufficient strength for physical control of the animal. In such event, the dangerous dog shall be securely muzzled and restrained with a chain or leash not exceeding four feet in length, and shall be under the direct control and supervision of the owner, keeper or harborer of the dangerous dog. 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.

(b)   Secure or approved enclosures required under this Article must be approved by the Chief of Police or designee and be adequately lighted and kept in a clean and sanitary condition.

(c)   The owner, keeper or harborer shall allow the access to the property where the dangerous dog is being harbored to facilitate inspections and insure compliance for the duration of the life of the dog or duration of the designation.

(d)   If the owner, keeper or harborer of a dangerous dog is required to have the animal surgically sterilized by a licensed veterinarian, it shall be completed within thirty calendar days of the dangerous animal determination, at his or her own expense. For any animal required to be surgically sterilized, the owner, keeper or harborer shall provide documentation of the sterilization upon completion to the Chief of Police.

(e)   Microchipping.  The owner, keeper or harborer of any dangerous dog shall be required to have the animal microchipped, as defined in section 2-502(h), in accordance with current practices and performed by a veterinarian or animal care organization of the owner’s choosing. The microchip must be inserted into the dog and allow the dangerous dog to be traced to the current owner. Documentation of the procedure must be available for review by the Chief of Police or designee.

(f)    Signs Required.  The owner of a dangerous dog shall display a warning sign indicating there is a dangerous dog on the premises in a prominent place at the entrance to his or her premises where the dog is housed. A sign is also required to be posted on the secure enclosure in which the animal is harbored. The sign will be comprised of metal, plastic or wood and construction at least 6 inches by 9 inches and shall state, “WARNING DANGEROUS DOG ON PREMISES.”  The Chief of Police or designee may require additional signs if deemed necessary based on the layout of the property. Failure to post the required signs is a misdemeanor and is punishable in accordance with 2-513.

(g)   It is unlawful for anyone having prior felony convictions of Crimes Against Persons, Sex Offenses, Crimes Affecting Family Relationships and Children, and Crimes Involving Controlled Substances as defined in Chapter 21 of the Kansas Statutes Annotated to possess, harbor, own or reside on any premises with a dog deemed dangerous level 1 or 2 or 3.

(h)   It shall be unlawful for any person to:

(1)   Harbor, keep or maintain a dangerous dog level 1 or 2 or 3 on property not owned by the person without the written consent of the land owner; or

(2)   Sell, barter or give away to another person a dog which has been deemed dangerous level 1 or 2 or 3; or

(3)   Own, keep or harbor more than two dogs which have been declared dangerous level 1 or 2 or 3 by this Article; or

(4)   Transfer ownership or long-term care of a dog deemed potentially dangerous to any person without a written acknowledgement of such determination signed by the person receiving the potentially dangerous dog and filed with the Chief of Police. The person receiving the dog shall sign a document acknowledging the dog is deemed potentially dangerous and agree to the requirements that accompany that designation and file such document with the Andover Police Department; or

(5)   After acknowledging ownership or long term care of a dog deemed potentially dangerous, fail to comply with orders of factfinder who deemed the dog potentially dangerous; or

(6)   Fail to comply with boarding requirements: Any level 1 or 2 dangerous dog shall be cared for by a licensed veterinarian or boarding facility in the event that short term boarding or housing becomes necessary. In the event of the owner's or harborer's absence, a level 1 or 2 dangerous dog may not be cared for by persons living outside the household other than a licensed veterinarian or boarding facility.

(i)    Should a previously determined dangerous dog be found running at large attack or inflict injury upon any person or domesticated animal or a previously determined dangerous dog be found running at large in violation of this Article and the owner or harborer has not complied with dangerous dog orders, the Judge of the Municipal Court shall, in addition to any other penalty provided in 2-513, order the dog destroyed. Provided, however, the judge of the Municipal Court may, at his or her discretion, only for the question of ordering the dog destroyed consider whether the attack or injury was sustained by a person or animal who, at the time, was committing a criminal trespass or other tort upon the premises of the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, aroused, or assaulted the dog or was committing or attempting to commit a crime.

(j)    Failure to comply with any orders of the Chief of Police, designee or any factfinder related to a dangerous dog is a misdemeanor and punishable in accordance with 2-513.

(Ord. 1675)

(a)   Permitting a dangerous animal to be at large is the act or omission of the owner or custodian of an animal of dangerous or vicious propensities who, knowing of such propensities, permits such animal to go at large or keeps such animal without taking ordinary care to restrain it.

(b)   Permitting a dangerous animal to be at large is a misdemeanor. Any person convicted of violating this Article shall be punishable in accordance with 2-513.

(Ord. 1675)

(a)   No person who owns, possesses, harbors or exercises control over any animal shall do the following:

(1)   Permit or allow the animal to attack or bite any person or domestic animal not on the premises of such owner, keeper or harborer;

(2)   Permit or allow the animal to attack or bite any person or domestic animal upon the premises of the residence of such owner, keeper or harborer upon the premises of any business establishment not then open to the public. It is an affirmative defense to this paragraph if such premises are previously posted at each entrance with a prominent and conspicuous sign warning all persons of the animal, and the animal is confined in a proper enclosure. It is also an affirmative defense to this paragraph that the attack or bite by the animal was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery, theft or other crime upon the property;

(3)   Permit or allow the animal to attack or bite any person or animal upon the premises of any business establishment that is open to the public. It is an affirmative defense to this paragraph that the attack or bite by the animal was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery, theft or other crime upon the property.

(b)   For purposes of this section, the word “permit” shall mean allow or let happen. Knowledge or intention on the part of the person who owns, possesses, harbors or exercises control over the animal shall not be elements of this offense.

(c)   The provisions of this section shall not apply to any law enforcement officer who uses an animal while engaged in law enforcement activities, nor to any owner, keeper or harborer of any animal which attacks or bites a person engaged in physically attacking or striking such owner, possessor or keeper or harborer.

(Ord. 1675)

In a case of rabies exposure to domestic animals, such as, but not limited to dogs or cats, when such animal is known to be rabid or has been bitten by a rabid animal or an animal that can be assumed to be rabid using Kansas State Rabies Guidelines, the Chief of Police or designee may order such animal to be destroyed or confined for a period and in a manner recommended by the Compendium of Animal Rabies Control published by the National Association of State Public Health Veterinarians in a veterinary hospital, animal-care facility, or as specified by the Chief of Police or designee. In the case of domestic animals unvaccinated against rabies, the Chief of Police or designee may require post-exposure prophylaxis and 180-day confinement of such animals that have been exposed to a known rabid animal at a veterinary hospital, an animal-care facility, or as specified by the Chief of Police or designee and recommended by the Compendium of Animal Rabies Control published by the National Association of State Public Health Veterinarians. The owner shall be responsible for the payment of any cost of such confinement and any additional fees relative to the confinement or maintenance of the animal, and including fees for post exposure prophylaxis and for any required testing done on the animal. The owner of any animal that is required to be tested for rabies, or any person that requests any animal to be tested, shall be responsible for paying all costs associated with the testing.

(Ord. 1675)

It is unlawful for any person to fail to confine, fail to keep confined, or permit to run at large, any animal which has been ordered confined by the Chief of Police or designee for rabies observation or quarantine.

(Ord. 1675)

The owner of any animal, which has been determined by the Chief of Police or designee to have bitten a person shall confine the animal as directed by the Chief of Police or designee or surrender such animal to the Animal Shelter for rabies observation. The owner, keeper or harborer shall be responsible for the payment of any cost of such confinement and any additional fees relative to the confinement or maintenance of the animal. Any costs and/or additional fees assessed by the Chief of Police or designee shall be paid by the owner, keeper or harborer prior to the animal’s release.

(Ord. 1675)

The owner of an injured animal taken to a veterinarian by the Andover Police Department is responsible for the payment of charges for veterinarian services related thereto. The owner shall reimburse the Andover Police Department for all expenditures the Chief of Police or designee may cause to be paid for veterinary services rendered to the owner's animal under this Article.

(Ord. 1675)

Any person who shall be convicted of violating the provisions of this Article shall, upon a first conviction be punished by a minimum fine of $250.00, but not more than $500.00. Upon a second conviction of any violation of the provisions of this order shall result in a minimum fine of $500.00, but not more than $1,000. Upon a third or subsequent conviction of any violation of the provisions of this order shall result in a minimum fine of $1,000.00, but not more than $2,500. In addition to the minimum fines set forth above, the Municipal Court Judge may impose a term of imprisonment in the Butler County Jail for a term not exceeding 12 months, and a fine not to exceed $2,500. Violation of this Article shall be a Class A Misdemeanor.

(Ord. 1675)

(a)   Nothing in this Article shall be construed to repeal or replace any part of Chapter II, Article 3, Section 2-311 regarding the prohibition of pit bulls.

(b)   Nothing in this Article shall be construed to allow a level 3 dangerous dog to remain within the City other than in an animal shelter during an appeal for which boarding costs have been paid.

(Ord. 1675)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Article 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 article or any part thereof.

(Ord. 1675)