CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 3. Vicious Dogs

It shall be unlawful to keep, harbor, own or in any way possess within the city limits of Mound City, Kansas.

(a)   Any warm-blooded, carnivorous, or omnivorous, wild animal.

(b)   Any animal having poisonous bites.

(c)   Any vicious dog which has a tendency or propensity to attack, or otherwise endanger the safety of human beings or other domestic animals, without provocation.

(d)   Any pit bull dog; Providing, That pit bull dogs registered with the city on the date of publication of this resolution may be kept within the city subject to the standards and requirements set forth in this article. “Pit bull dog” is defined to mean:

(1)   The bull terrier breed of dog;

(2)   Stafford shire bull terrier breed of dog;

(3)   The American pit bull terrier breed of dog;

(4)   The American Stafford shire 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 terriers.

(6)   Any dog which has the appearance and characteristics of being predominately of the breeds of bull terrier, Stafford shire bull terrier, American pit bull terrier and other breed commonly known as pit bulls, pit bull dogs or pit bull terriers or a combination of any of those breeds.

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Each owner, keeper, harborer or possessor of a pit bull dog shall register such dog with the city clerk.

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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 (4) 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 of suitable age and discretion is in physical control of the leash.  Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, or structures.  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.

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All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and 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 and the structure must have a secure floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet.  All structures erected to house pit bull dogs must comply with all zoning and building ordinances and regulations of the city and shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

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No pit bull 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 dog 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.

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All owners, keepers, harborers or possessors 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.

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All owners, keepers, harborers or possessors of pit bull dogs must provide proof to the city clerk of 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 owning, possession, keeping or maintaining of such animal.  Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the city clerk.

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All owners, keepers, possessors or harborers of pit bull dogs must provide to the city clerk tow (2) color photographs of the dog clearly showing the colors and approximate size of the animal.

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All owners, keepers, possessors, or harborers of pit bull dogs report the following information in writing to the city clerk as required hereinafter:

(a)   The removal from the city of the 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 city.

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No person shall sell, barter or in any other way transfer possession 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 pit bull dog or the offspring of such dog to persons who do not reside within the city.

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All offspring born of pit bull dogs within the city must be removed from the city within six (6) weeks of the birth of such animal.

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There shall be an irrebuttable presumption that any dog registered with the city as a pit bull dog or any of those breeds defined in section 2-301 hereof is in fact a dog subject to the requirements of this article.

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It shall be unlawful for the owner, keeper, harborer, or possessor of a pit bull dog within the city limits to fail to comply with the provisions of this article 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.

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Any person violating or permitting the violation of any provision of Sections 2-301 through 2-313 shall be deemed guilty of a Class C Misdemeanor and fined in a sum of not less than $50.00 nor more than $500.00.  Further, the Court may order the dog removed from the city.  Should the defendant refuse to remove the dog from the city, the Municipal Judge shall find the defendant in contempt and order the immediate confiscation and impoundment of the animal.  Each day that a violation of this article continues may be deemed a separate offense.  In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including expert testimonies, which are necessitated by the person’s failure to abide by the provisions of this article.

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