City of Eureka

CHAPTER II. ANIMAL CONTROL AND REGULATION

June 13, 2010

 

Article 1. General Provisions

Article 2. Dogs

Article 3. Other Animals

Article 4. Pit Bull Dogs

 

 

 

ARTICLE 1. GENERAL PROVISIONS

 

2-101. DEFINITIONS. For the purposes of this chapter, the following words and phrases shall mean:

(a) Abandon - includes the leaving of an animal by its owner or other person responsible for its care or custody

without making effective provisions for its proper care.

(b) Animals - means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and

other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.

(c) Animal Shelter - means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.

(d) At-large - means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of

restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be at-large.

(e) 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. (f) Cat - means any member of the species felis catus, regardless of sex.

(g) Dangerous or Vicious Animal - means any animal deemed to be dangerous or vicious per section 2-115. (h) Dog - means any member of the species canis familiaris, regardless of sex.

(i) Fowl - means all animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

(j) Harbor - means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or

controls.

(k) Humane Live Animal Trap - means any cage trap that upon activation encloses an animal without placing

any physical restraint upon any part of the body of such animal.

 

(l) Humanely Euthanize - means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.

(m) Immediate Control - means the regulation and supervision by a competent person so that an animal is

unable to run or get loose at will.

(n) Kennel - means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming,

boarding, or otherwise harboring in an enclosure in one location only, more than three dogs.

(o) Livestock - includes, but is not limited to cattle, horses, goats, sheep or other animals commonly regarded

or used as farm or ranch animals.

(p) Neutered - means any male or female cat or dog that has been permanently rendered sterile.

(q) Own - means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any

animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

(r) Owner - means the one who owns, or his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in subsection (q) above.

(s) Vaccination - means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.

(t) Veterinarian - means a doctor of veterinary medicine licensed by the State of Kansas. (Code 1993)

 

2-102. KEEPING OTHER ANIMALS; SWINE AND FOWL. (a) Unless (i) a permit shall have been obtained for harboring of any of the following animals pursuant to subsection (d) of this Ordinance, or (ii) harboring of any of the following animals is expressly excepted from the permitting or licensing process pursuant to the Eureka City Code or this Ordinance, it shall be unlawful for any person to keep or maintain any of the following within the corporate city limits of the City of Eureka, Kansas: cattle (which shall include cows, bulls, calves, and steers), horses, equines, mules, asses, donkeys, burros, sheep, goats, or kids.

(b) It shall be unlawful for any person to keep or maintain any fowl (i.e. chickens, ducks, geese, guineas, turkeys, etc.) within the city limits.

(c) It shall be unlawful for any person to keep or maintain any swine, hogs, or pigs within the city.

(d) Any owner seeking a permit to harbor those types of animals described in (a) shall make application for a

permit to the City Clerk. The application shall set forth the name and address of the applicant, the name and address of all owners of property where the animals are to be harbored, the type and number of animals to be harbored, the address where the animals are to be harbored, and shall be accompanied by a fee of $50.00 per animal with a maximum fee of $400.00. The permit, if issued shall be effective only for the calendar year in which it is issued and shall expire on December 31st of the calendar year in which the permit is issued.

(e) A permit shall not be issued until such time as a city official or employee shall have viewed the property

referenced in the application and it is determined that the following requirements have been met:

(1) An enclosure in which the animals are to be harbored exists and said enclosure contains, at a minimum,

20,000 square feet per animal, and shall be of sufficient construction strength and quality to restrain the type of animals sought to be harbored;

(2) The enclosure meets the other requirements of the Eureka City Code including those applicable to fences; (3) Every such building or structure, if located within one hundred (100) feet of any apartment house, hotel,

restaurant, boarding house, retail food store, building used for educational, religious or hospital purposes, or residence other than that occupied by the owner or occupant of the premise upon which such animal is kept,

shall maintain a water-tight and fly-tight receptacle for manure and/or other animal wastes and refuse, of such size as to hold all such accumulations. Such receptacle is to be emptied sufficiently often and in such a manner

as to prevent it from being or becoming a nuisance, and shall be kept covered at all times except when open during the deposit or removal of manure.

(4) No building, place or establishment wherein animals are kept shall be maintained closer than forty (40) feet to any apartment house, hotel, restaurant, boarding house, retail food store, building used for education,

religious or hospital purposes, or residence, other than that occupied by the owner or occupant of the premises upon which such animal(s) is kept.

(5) All food for animals for which a permit to harbor has been issued shall be stored in a sealed container to be located no closer than forty (40) feet from any residence and, except when such container is opened for

feeding and/or filling purposes, said container must remain sealed. (f) This ordinance shall not be applicable to:

(1) Cattle harbored at the Livestock Auction Market;

(2) Animals housed or penned at any licensed veterinarian facility or clinic;

(3) Horses harbored at the Eureka Downs racing facility;

(4) Animals harbored temporarily in connection with the annual Greenwood County Fair.

(g) Any animal which is being raised and harbored in connection with a 4-H activity, FFA activity, or any school related activity shall be exempt from permit requirements if the owner of said animal:

(1) Advises the City Administrator’s office, in writing, the type of animal(s) which is being harbored and so long as the time period for harboring said animal(s) does not exceed 6 months of time per calendar year; and

(2) Provides an enclosure for said animal being harbored that meets the requirements set forth in Section 1 of this Ordinance and has been approved by a city official or employee.

(h) Reptiles in excess of three (3) feet in length may not be harbored within the corporate city limits of the City of Eureka, Kansas; provided, however, snakes in excess of three (3) feet in length may be harbored within the

corporate city limits if they are kept, at all times, within the snake’s owner’s residence.

(i) Any person convicted of violating the terms of this Ordinance shall, in addition to court costs, for the first offense, pay a fine of $100.00 per animal; for a second offense, a fine of $250.00 per animal; and for a third and subsequent offense, a fine of not more than $500.00 per animal.

(Ord. 4064, Sec. 1; Ord. 4038, Sec. 1; Code 2007)

 

 

2-103. SAME; NUISANCE. Any person who maintains any animal or fowl in any building, pen or enclosure on his or her premises which is not kept clean, sanitary and free from filth, debris, garbage and offensive odors at all times, or which is or becomes offensive to those residing in the vicinity shall be deemed to maintain a nuisance. Such a nuisance shall be abated pursuant to the procedure set out in Chapter 8 of this code. (Ord.

3258, Sec. 1)

 

2-104. RUNNING AT LARGE. It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in section 2 106.

(Ord. 3258, Sec. 1)

 

2-105. HERDING; GRAZING. It shall be unlawful for any person to herd or graze any animal along the streets and alleys, or upon the public grounds of the city, even when such animal is picketed upon private grounds. Any animal found in violation of this section shall be considered at large and shall be impounded, as provided in section 2 106. (Ord. 3258, Sec. 1)

 

2-106. IMPOUNDMENT. The animal control officer or chief of police shall impound any animal or fowl found at large in the city in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall return the animal to such owner when his or her identify is ascertained. The city shall be entitled to receive from any such owner $25.00, plus the actual cost

of feeding and maintaining the animal while impounded. In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal shall be considered a stray. The chief of police shall report the impounding of such stray to the county sheriff and the animal shall be disposed of as provided by law. (K.S.A.

47 230; Ord. 3258, Sec. 1)

 

2-107. BREAKING POUND. It shall be unlawful for any person to break open, or assist, counsel or advise the breaking open of the city pound, or to take or let out any animal placed therein by the impounding officer. This section shall not apply to any officer duly authorized to handle animals impounded. (Ord. 3258, Sec. 1)

 

2-108. CRUELTY TO ANIMALS. It shall be unlawful for any person to:

(a) Willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object, mutilate,

burn or scald with any substance, or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;

(b) Have, keep or harbor any animals which is infected with any dangerous or incurable and/or painfully

crippling condition except as hereinafter provided. The municipal court judge may order a person convicted of violation under this subsection to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be destroyed humanely as soon thereafter as is conveniently possible. This section shall not be construed to include veterinary hospitals or animals under active veterinary care;

 

(c) Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl, except pigeons, under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color; provided however, that this section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;

(d) Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or

more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;

(e) Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal.

(Ord. 3258, Sec. 1)

 

2-109. KENNEL LICENSES. (a) No person or household shall own or harbor more than three dogs of six months of age or older or more than one litter of pups, or more than three cats of more than six months of age or more than one litter of kittens, or more than a total of four dogs and cats more than six months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training, or boarding cats or dogs or both cats and dogs, without having obtained a kennel license from the city clerk.

(b) Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate

has been issued by the animal control officer certifying approval of the kennel and compliance with the applicable laws of the city and the State of Kansas, and a certificate by the zoning code enforcement officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the city clerk has not received any protest against the kennel, the city clerk may issue a renewal of an existing kennel license at the same location without any report from the animal control officer and zoning code enforcement officer. If the animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, or any other law of the State of Kansas, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he or she shall report such fact to the city clerk, and the license shall not be renewed except after a public hearing before the governing body.

(c) The animal control officer, the zoning enforcement officer, or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.

(d) The governing body may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following:

(1) The kennel is maintained in violation of any applicable law of the State of Kansas, or of the city. (2) The kennel is maintained so as to be a public nuisance.

(3) The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

 

(e) The annual kennel license fee shall be $200.00. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this chapter.

(f) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.

(Code 1993; Ord. 4048, Sec. 1; Code 2007)

 

ARTICLE 2. DOGS AND CATS

 

2-201. DEFINITIONS. For the purposes of this article, the following words shall mean:

(a) Own - shall mean and include own, keep, harbor, shelter, manage, possess, or have a part interest in any

dog or cat. If a minor owns a dog or cat subject to the provisions of this article, the head of the household of which such minor is a member shall be deemed to own the dog or cat for the purposes of this article.

(b) Owner - shall mean the one who owns, his or her employee, agent, or other competent person into whose charge the actual owner has placed the dog or cat.

(c) At Large - shall mean of the premises of the owner or keeper or not under the control or supervision of the owner or keeper.

(d) Vicious Dog - shall mean any dog which is fierce, dangerous, mean or uncontrollable; or one which has previously attacked or bitten any person, or possesses a propensity to attack or bite any person.

(e) Harborer - shall mean any person who allows or permits any dog or cat to habitually remain or to be lodged or fed within or upon the premises of such person.

(Ord. 3258, Sec. 1)

 

2-202. RUNNING AT LARGE. (a) It shall be unlawful for the owner or keeper of any dog or cat to permit such dog or cat to run at large within the city at any time.

(b) Any dog or cat running at large within the city shall be impounded as set out in section 2-209.

(c) Upon conviction the owner of any dog or cat running at large shall, for the first offense, pay a fine of $25.00, plus the board bill; for the second offense, a fine of $75.00, plus the board bill; for a third and subsequent offenses, a fine of $200.00, plus the board bill.

(Ord. 3872, Sec. 1; Ord. 3258, Sec. 1; Code 2006)

 

2-203. LICENSE REQUIRED; TAX; TAG. No person shall own, keep or harbor any dog or dogs, cat or cats, regardless of age, within the city until he or she shall have first paid the annual city taxes hereafter provided

and procure from the city clerk a dog tag or cat tag for the current year for each such dog or cat. The annual tax

shall be paid on or before the 1st day of March of each year in the following amounts: Unneutered male dog - $30.00;

Unneutered male cat - $20.00; Unspayed female dog - $30.00;

Unspayed female cat - $20.00; Neutered male dog - $4.00;

 

Neutered male cat - $4.00; Spayed female dog - $4.00; Spayed female cat - $4.00.

In addition to the aforesaid tax, there is hereby imposed a penalty of $2.00 for each month or any part thereof that the tax shall be unpaid after the due date thereof, which penalty shall be due and paid at the time of the payment of the taxes. In the event that the tag procured from the city clerk shall be lost, a replacement tag shall be issued by the clerk for a fee of $1.50. The penalty provisions herein prescribed shall not apply to replacement tags. All persons paying the tax to the city clerk shall receive a receipt from the city clerk for the

tax for the current year for each such dog or cat. The tag shall be permanently attached to the collar or harness

of each dog or cat in a manner that the tag may be readily seen by the officers of the city, and the owner or harborer shall cause the tag to be worn at all times by any dog or cat upon which a tax has been paid.

(Ord. 3910, Sec. 1; Code 2006)

 

2-204. RABIES VACCINATION. Any dog or cat more than six months of age shall be vaccinated annually against rabies and shall have attached to its collar or harness a tag showing the last vaccination received by

the dog or cat. The city clerk shall not receipt or give receipt for annual city taxes due for any dog or cat unless the dog or cat shall have been vaccinated as herein provided within the 12 month period immediately preceding the time of payment of the taxes. (Ord. 3258, Sec. 1)

 

2-205. VISITING ANIMALS. The provisions of this article with respect to licensing 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 animals shall be kept under restrain by the owner thereof at all times. (Ord 3258, Sec. 1)

 

2-206. PUBLIC NUISANCE. Any animal which is permitted to run at large or on which the license tax has not been paid or which has not been immunized as required by this article is hereby declared to be a public nuisance and shall be impounded. In case of any animal found running at large which cannot be captured or taken up by any police office of the city or other person duly authorized by the governing body and where ownership can be established, the owner of the animal shall be given a summons or ticket for allowing the animal to run loose. (Ord. 3258, Sec. 1)

 

2-207. TRANQUILIZER GUN; KILLING AUTHORIZED. The impounding officer shall be authorized to use a tranquilizer gun in the enforcement of this article. He or she shall be further authorized to kill any animal which it is impractical or impossible to catch, capture or tranquilize. (Ord. 3258, Sec. 1)

 

2-208. RIGHT OF ENTRY. The impounding officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this article. It shall be unlawful for any person to interfere with the impounding officer in exercise of this right. (Ord. 3258, Sec. 1)

 

 

2-209. IMPOUNDMENT. All dogs and cats found not having the tags provided for in sections 2-203:204 attached to their collars or harness, and all dogs and cats which go or have gone upon the streets, alleys or public grounds, or upon the premises of another person not the owner or keeper of the dogs or cats, except as otherwise provided for herein, shall be seized and impounded by any officer or other person appointed for such purpose and held for five days, and the owner or keeper of such dog or cat who desires to reclaim the same can do so by paying an impounding fee of $25.00 to the city clerk, provided, however, that if the dog or cat is in heat at the time the same was found running at large, then the owner or keeper of such dog or cat who desires to reclaim the same can do so by paying an impounding fee of $30.00 to the city clerk. A fee of $10.00 per day will be charged after five days. The city clerk shall then issue an order for the release of the impounded dog or cat, provided the annual tax shall have been paid and the dog or cat, if more than six months of age, shall have been vaccinated against rabies; the fee so collected shall be applied to the general fund. (Ord. Ord. 4049, Sec.

1; Code 2007)

 

2-210. BREAKING OR ENTERING. It shall be unlawful for any person not authorized to do so to break open or attempt to break open any enclosure in which animals are confined or held pursuant to the provisions of this article, or to take or let out any animal placed therein by an officer of this city any animal taken by him or her, or in any manner interfere with or hinder any officer of this city in the enforcement of this article. (Ord. 3258, Sec.

1)

 

2-211. TRESPASS. It shall be unlawful for any person to permit any animal to trespass upon, or do injury to public or private property of another.

(Ord. 3258, Sec. 1)

 

2-212. DESTRUCTIVE AND NOISY ANIMALS. It shall be unlawful for the owner or harborer of any dog, cat or other animals to carelessly, willfully, or maliciously permit such dog, cat or other animals, to destroy or damage property or habitually cause a disturbance of the peace. (Ord. 3258, Sec. 1)

 

2-213. VICIOUS ANIMALS. (a) It shall be unlawful for any person within the city to keep, own or harbor any cross or vicious animal, unless such person shall keep the animal securely fastened, tied and muzzled so that the animal cannot reach any person to injure him or her or shall keep the animal in an enclosure securely fenced so that the animals cannot escape therefrom.

(b) If any such animal is not so fastened, tied and muzzled or fenced, the city may take the animal and impound

it at a shelter house provided for such purposes or by a veterinarian, until such time as a hearing by the

Municipal Court for determination as herein provided can be had or until release to the owner upon condition that the animal shall be temporarily kept and considered to be a vicious animal pending the hearing.

 

(c) Upon complaint duly made to any law enforcement officer or humane officer and if the officer finds there is probable cause to believe the complaint is true or if upon his or her own observation of an animal, the officer has a reasonable belief that the animal is a vicious animal, he or she shall make an attempt to notif~’ and request the owner, keeper or harborer to confine the animal. In the event the owner, keeper or harborer cannot be notified, refuses or is unable to act upon such notification or the immediate nature of the situation warrants action without notice, any law enforcement or humane officer may capture and impound any animal. In all cases where the complaint is made or where a law enforcement or humane officer acts upon his or her own

observations, regardless of whether the animal is taken into custody, a hearing for the determination of whether

the animal is dangerous or vicious shall be held by the Municipal Court of the City of Eureka.

(d) Upon a determination that an animal is not dangerous or vicious, it shall be released to its owner, keeper or

harborer upon payment of accrued boarding fees. Upon a finding that an animal is dangerous or vicious, the animal shall be released to the custody of its owner, keeper or harborer upon the condition that the provisions of this section pertaining to keeping and restraining the animals are met and accrued boarding fees are paid. (e) Any law enforcement or humane officer is authorized to destroy any animal, whether previously determined to be vicious or not, when, in his or her best judgment, no other course of action is possible to preserve the safety of the community.

(f) The penalty for failure to keep an animal found to be dangerous or vicious securely fastened and tied and muzzled or within a fenced enclosure pursuant to the provisions of this section shall be $25.00 for the first offense, $50.00 for the second offense, and $100.00 for third and subsequent offenses.

(Ord. 4073, Sec. 1; Ord. 3258, Sec. 1; Code 2007)

 

2-214. DOG BITES; QUARANTINE. Whenever any dog has bitten a person, the owner or harborer of such dog shall immediately notify the city clerk. All such incidents shall be reported to the county health officer who may order the dog quarantined on the owner's premises or impounded at the owner's expense for a period of not less than 10 days and until such time as the health officer finds that such dog shows no evidence of having rabies. If it is determined that such dog is suffering from rabies, it shall be forthwith destroyed; otherwise it shall be released from quarantine upon payment of impounding charges, if any, as provided in section 2 209 of this article. (Ord. 3258, Sec. 1)

 

2-215. SAME; PROCLAMATION. The mayor is hereby authorized, whenever in his or her opinion the danger of the public safety from rabid animals is made imminent, to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any police officer, or the duly authorized animal officer of the city. The owner of such animal shall be prosecuted for such violation thereof. (Ord. 3258, Sec. 1)

 

2-216. SEEING EYE DOGS. Seeing Eye Dogs used by blind persons shall, by reason of circumstances and training of such dogs, be exempt from this article, except that portion requiring rabies inoculation. Such blind persons, upon presentation of a current rabies certificate, as set forth in section 2 204, shall be presented a license tag except there shall be no charge. Such seeing eye dog shall not be impounded and every effort shall be made to return the dog to the custody of its owner as promptly as possible. (Ord. 3258, Sec. 1)

 

2-217. ABANDONING ANIMALS UNLAWFUL. It shall be unlawful for any person to bring within the city limits any animal and abandon the same and allow them to run at large in the streets, alleys and public places in the city. (Ord. 3258, Sec. 1)

 

2-218. ADOPTION OF ANIMALS. An adoption fee of $10.00 will be charged to any person wishing to adopt an animal kept more than five days by the city. In addition, such person will be required to provide shots and a license as stated in 2 209.

(Code 1993)

 

2-219. DISPOSITION OF UNCLAIMED DOGS. If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2 209 thereof, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog

or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year. (Code 1993)

 

ARTICLE 3. OTHER ANIMALS

 

2-301. EXOTIC ANIMALS. (a) It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.

(b) It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her

control within the city any of the following animals:

(1) All poisonous animals including rear-fang snakes.

(2) Apes: Chimpanzees; gibbons; gorillas, orangutans; and saimangs. (3) Baboons.

(4) Badgers. (5) Bears.

(6) Bison.

(7) Bobcats.

(8) Cheetahs.

(9) Crocadilians, 30 inches in length or more.

(10) Constrictor snakes, six feet in length or more. (11) Coyotes.

(12) Deer; includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.

(13) Elephants.

(14) Game cocks and other fighting birds.

(15) Hippopotami. (16) Hyenas.

(17) Jaguars. (18) Leopards.

(19) Lions. (20) Lynxes.

(21) Monkeys.

(22) Ostriches.

(23) Pumas; also known as cougars, mountain lions and panthers.

(24) Raccoons.

(25) Rhinoceroses.

(26) Skunks. (27) Tigers. (28) Wolves.

(c) The prohibitions of this section shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational

institutions, or medical institutions, if:

(1) Their location conforms to the provisions of the zoning ordinance of the city.

(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectional odors.

(3) Animals are maintained in quarters so constructed as to prevent their escape.

(d) The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or

removed from the city. (Code 1993)

 

ARTICLE 4. PIT BULL DOGS

 

2-401. DEFINITIONS. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the city any pit bull dog; provided, that pit bull dogs registered with the city on May 15, 1986 may be kept within the city, subject to the standards and requirements set forth in section 2 402 of this article. Pit bull dog is defined to mean:

(a) The bull terrier breed of dog.

(b) Staffordshire bull terrier breed of dog.

(c) The American pit bull terrier breed of dog.

(d) The American Staffordshire terrier breed of dog.

(e) 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 terriers.

(f) 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 terriers, or a combination of any of those breeds. (Ord. 3291, Sec. 1)

 

2-402. REGULATIONS. The provisions of section 2-401 are applicable to owners, keepers or harborers of pit bull dogs registered with the city as of May 15, 1986. The keeping of such dogs, however shall be subject to the following standards:

(a) Leash and Muzzle. No person shall permit a registered 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, buildings, etc. 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.

(b) Confinement. All registered 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 registered 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. 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.

(c) 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 animals may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

 

(d) Signs. All owners, keepers or harborers or registered pit bull dogs within the city shall within 10 days of the effective date of Ordinance No. 3291 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.

(e) Insurance. All owners, keepers or harborers of registered pit bull dogs must within 10 days of the effective

date of Ordinance No. 3291 provide proof to the city clerk of public liability insurance in a single incident amount of $50,000 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 animals. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is first given to the city clerk.

(f) Identification Photographs. All owners, keepers or harborers of registered pit bull dogs must within 10 days

of the effective date of Ordinance No. 3291 provide to the city clerk two color photographs of the registered animals clearly showing the color and approximate size of the animal.

(g) Reporting Requirements. All owners, keepers or harborers of registered pit bull dogs must within 10 days of the incident, report the following information in writing to the city clerk as required hereinafter:

(1) The removal from the city or death of a registered pit bull dog. (2) The birth of offspring of a registered pit bull dog.

(3) The new address of a registered pit bull dog owner should the owner move within the corporate city limits. (h) Sale or Transfer of Ownership Prohibited. Sale -- No person shall sell, barter or in any other way dispose of

a pit bull dog registered with the city to any person within the city unless the recipient person resides permanently in the same household and on the same premiss as the registered owner of such dog; provided

that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the city.

(i) Animals Born to Registered Dogs. All offspring born to pit bull dogs registered with the city must be removed from the city within six weeks of the birth of such animal.

(Ord. 3291, Sec. 2)

 

2-403. PRESUMPTION. There shall be an irrebuttable presumption that any dog registered with the city as a pit bull dog or any of those breeds prohibited by section 2 401 of this article is in fact a dog subject to the