(a)   Every owner of any dog over six months of age shall once in the lifetime of the dog, register with the city clerk their name and address with the name, sex and description of each dog owned or kept within the city. It shall be unlawful for the owner of any newly acquired dog or any dog brought into the city to fail to register such animals within 30 days from acquisition or otherwise bringing the dog into the city. Failure to properly register such dog(s) with the city clerk shall result in fines and penalties as set by the rate schedule as defined in Section 2-401.

(b)   Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog over six months of age to fail to maintain effective rabies immunization of such dog.

(c)   The owner or harborer of any dog shall, at the time of registering such dog, present to the city clerk a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog has been neutered or spayed.

(d)   The City Clerk shall collect a registration fee of $25.00 for each dog residing at a particular household or establishment. No License shall be issued to any dog residing within a particular household or establishment without payment of all fees for dogs being kept therein.

(e)   Beginning May 4, 2020, no Pit Bull, American Pit Bull, American Staffordshire Terrier, American Bully, Staffordshire Bull Terrier, American Bulldog or any combination of the previously mentioned breeds or mix containing any such breed shall be granted a new registration with the City of Pretty Prairie. Already established registrations shall be renewed for the life of the dog or residency of the owner or harborer so long as they comply with the provisions of Section 2-201(b) of this code pertaining to pit bull dogs.

(f)   Any dog described in subsection (e) found within the city limits of Pretty Prairie without proper registration shall be subject to Impoundment under the provisions of 2-207 of this code and shall automatically be deemed a vicious dog under Section 2-115 of this code.

(Ord. 88; Ord. 127; Ord. 216; Code 2018; Ord. 327B; Ord. 342; Ord. 357)

(a)   Determination of a Dangerous Dog. In the event the animal control officer has probable cause to believe that a dog is “dangerous” as defined in Section 2-101 and upon submission of a probable cause affidavit by the City prosecutor, the Municipal Judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous.

(b)   The City prosecutor shall notify the owner or harborer of the dog that a hearing will be held, at which time he or she may have the opportunity to present evidence why the dog should not be declared dangerous.

(c)   The hearing shall be held promptly within no less than five (5) nor more than fourteen (14) days after service of notice upon the owner or harborer of the dog.  The failure of the owner or harborer to attend or participate in the hearing shall not prevent the Municipal Judge from hearing evidence in the matter and entering a determination whether the dog is dangerous as alleged or from entering further orders pursuant to such finding.

(1)   The hearing shall be informal and shall be open to the public. If the owner or harborer fails to appear for the hearing, the animal control officer or law enforcement officer may seize and impound the dog. The dog may be impounded by the animal control officer for a period not to exceed thirty (30) days.

(2)   At the end of the thirty (30) day period pursuant to a Municipal Court order, the dog may be euthanized. The owner or harborer shall pay all costs of said confinement and euthanization. Such costs shall be assessed as Court costs.

(3)   If, prior to such hearing, the owner or harborer of the dog voluntarily causes the animal to be euthanized, such action shall be deemed a stipulation that the dog was, in fact, a dangerous dog as alleged. The Municipal Court may enter such finding without further evidentiary hearing.

(4)   If, prior to such hearing, the owner of harborer of the dog voluntarily removes the animal from the City limits, such action shall be deemed a stipulation that the dog is, in fact, a dangerous dog as alleged. The Municipal Court may enter such finding without further evidentiary hearing. The owner or harborer shall provide the Municipal Court with the exact location, address, and contact information for the new owner of harborer of the dog.

(d)   If such dog is found by the Municipal Judge to be dangerous, such animal shall not be returned to the City until a compliance hearing is requested and held in the Municipal Court and it is established that the owner or harborer is in full compliance with the requirements of Section 2-201b.

(1)   If a determination is made that the dog is dangerous, the owner or harborer shall comply with the provisions of this title as directed by the Municipal Judge, but in no case more than thirty (3) days subsequent to the date of the determination.

(2)   If the owner of harborer of the dog contests the determination, he or she may within ten (10) days, exclusive of Saturdays, Sundays and holidays, of such determination appeal to the district court.

(e)   In the event that the animal control officer of law enforcement officer has probable cause to believe that the dog in question is dangerous or vicious, and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer or law enforcement officer may seize and impound the dog pending the aforesaid Municipal Court determination and/or the findings of any appeals taken.

(1)   Upon the Court’s determination that the impounded dog is dangerous, the owner or harborer of the dog shall be liable to the City where the dog is impounded for the costs and expenses of keeping such dog. In the event of impoundment by the City, the aforesaid Municipal Court hearing must be scheduled within sixty (60) days of such impoundment.

(f)   A dog which has been adjudicated by another jurisdiction based on its behavior to be dangerous, vicious or a comparable designation shall not be relocated to Pretty Prairie.

(Ord. 327; Code 2018)

(a)   Any person shall be permitted to own, harbor or have charge, custody, control or possession of any animal described in Ordinance No. 173 Section C and Section 2-101(g) hereof, provided he/she has first secured a permit, and shall also be required to register their animals in accordance with the provisions of this article.

(b)   The keeping of such animals, however, shall be subject to the following mandatory requirements:

(1)   Leash and Muzzle. No person shall permit a registered pit bull dog or other dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog or other dangerous animal 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 animals may not be leashed to inanimate objects such as trees, posts, building, etc. In addition, all pit bull dogs or other dangerous animals on a leash outside the animal’s kennel must by muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(2)   Confinement. All registered pit bull dogs or other dangerous animal 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 or other dangerous animal 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 (2) feet. All structures erected to house pit bull dogs or other dangerous animal 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 dogs or other dangerous animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal 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 obstacle preventing the animal from exiting the structure.

(4)   Signs. All owners, keepers or harborers of registered pit bull dogs or other dangerous animal within the City shall within ten (10) days of the effective date of Ordinance No. 327 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.

(5)   Insurance. All owners, keepers or harborers of registered pit bull dogs or other dangerous animal must within ten (10) days of the effective date of Ordinance No. 327 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 the ownership, keeping or maintenance of such animal.  At the time of initial registration, the owner, keeper or harborer must present proof to the City Clerk of the required insurance.  At the time of the subsequent registration the owner, keeper or harborer must show proof of insurance for the present registration period and proof that there was insurance coverage throughout the period of the prior registration year. In the event said liability insurance is canceled, lapsed, or for any other reason becomes non-enforceable, said owner, keeper or harborer shall be in violation of the provisions of this article and subject to the penalties provided herein.

(6)   Identification Photographs.  All owners, keepers or harborers of registered pit bull dogs and other dangerous animal must within ten (10) days of the effective date of Ordinance No. 327 provide to the City Clerk two color and approximate size of the animal.

(7)   Microchip identification.  The owner or harborer of a dangerous dog must have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control officer and/or the City Clerk. If the microchip is not implanted by the owner or harborer, it may be implanted by the animal control officer. In either case, all costs related to the purchase and implantation of the microchip must be borne by the dog’s owner or harborer.

(8)   Training.  All dangerous dogs shall be required to be enrolled in an obedience training program. Verification of successful completion of said program must be provided to the animal control officer of City Clerk at the annual license review.

(9)   Reporting Requirements.  All owners, keepers or harborers of registered pit bull dogs or other dangerous animals must within ten (10) days of the incident, report the following information in writing to the City Clerk as required hereinafter:

(A)  The removal from the City or death of a registered pit bull dogs or other dangerous animal owner should the owner move within the corporate City limits.

(B)  The birth of offspring of a registered pit bull dogs or other dangerous animal;

(C)  The new address of the registered pit bull dogs or other dangerous animal owner should the owner move within the corporate City limits.

(10) Animals Born of Registered Dogs.  All offspring born of pit bull dogs or other dangerous animal, registered with the City must be removed from the City within eight (8) weeks of the birth of such animal.

(c)   Failure to Comply.  It shall be unlawful for the owner, keeper or harborer of a pit bull dogs or other dangerous animal registered with the City Clerk to fail to comply with the requirements and conditions set forth in this article. Any animal found to be the subject of a violation 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 and the permit providing for the keeping of such animal resulting in the immediate removal of the animal from the City.

(d)   Prior to the annual renewal of any dangerous dog license issued hereunder and at least once annually after the issuance of any such license or after its renewal, the animal control officer or designated representative is authorized to inspect the premises subject to such license to determine whether the person to whom it has been issued is continuing to comply with all the conditions specified in this Chapter.

(1)   The animal control officer may investigate the past history of the license holder to determine whether during the past license period the license holder was in compliance with all of the conditions specified in this Chapter.  The investigation may include a review of department records and interviews with the license holder and neighbors.

(2)   If the animal control officer determines during any such inspection and investigation that any of the conditions therein specified are being violated or have been noted as having been violated during the past licensed period, he/she shall deny renewal of any such license and/or revoke such license in the event that such violation is not corrected within such period of time as she/he shall direct.

(3)   Upon completion of the investigation and review process provided herein, the animal control officer shall report to the City Prosecutor that the dangerous animal license has been renewed or that the renewal application has been denied.

(4)   If the application was denied, a copy of the report shall be given to the owner or harborer of the dangerous dog. The report shall include the basis for the denial. The owner or harborer shall have the right to appeal the denial to the Pretty Prairie Municipal Court. The decision of the Pretty Prairie Municipal Court shall be final and binding.

(e)   Dangerous Dog Designation Review.  Beginning one (1) year after a dog is declared a dangerous dog, an owner or harborer may request annually that the Municipal Court review the designation. The owner or harborer must provide evidence that the dog is no longer dangerous due to the dog’s age, neutering, environment, completion of obedience training, that includes modification of aggressive behavior, or other factors. If the animal control officer finds sufficient evidence that the dog’s behavior has changed, the Municipal Judge may rescind that dangerous dog designation.

(Ord. 327; Code 2018)

It shall be the duty of the City Clerk, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid.  The City Clerk shall deliver to the owner or keeper of the dog a certificate in writing, stating that the person has registered the dog, the number by which the dog is registered, and a tag with the registration number, which shall be, by the owner or keeper, attached to the collar to be used on the dog so registered. When any tag has become lost during a registration period, the owner of the dog may request a duplicate tag. Upon presentation of the registration certificate, a duplicate tag will be issued for $2.50. It shall be unlawful for any person to take off or remove the registration tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.

(Ord. 88; Ord. 216; Code 2018; Ord. 357)

It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof.

(Ord. 216; Code 2018)

It shall be unlawful for the owner of any dog kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog within two years, when requested by the animal control officer or any law enforcement officer. Failure to maintain proper vaccination and records for any dog kept within the city shall result in fines and penalties as described in the rate schedule as set by the rate schedule as defined in Article 4, Section 2-401.

(Ord. 127; Ord. 216; Code 2018)

The provisions of this article with respect to registration shall not apply to any dog owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dogs shall be kept under restraint by the owner thereof at all times.

(Ord. 216; Code 2018; Ord. 327B; Ord. 354)

(a)   It shall be unlawful for the owner or harborer of any dog to permit such dog to run at large within the city at any time;

(b)   Any dog running at large within the city shall be impounded as set out in section 2-207;

(c)   The owner of any dog impounded for running at large without the tag required by Section 2-202 shall pay a fine plus the fees charged by the designated impoundment facility for handling and fines for running at large as set by the rate schedule as defined in Article 4, Section 2-401.

(Ord. 88; Ord. 127; Ord. 216; Code 2018)

(a)   Any dog found in violation of the provisions of this article shall be subject to impoundment by the city.

(b)   A record of all dogs impounded shall be kept by the city containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment.

(c)   If the dog impounded has a current registration tag attached to its collar or if the impounding officer knows the identity of the dog’s owner, the owner of such dog as shown by the records of the city clerk shall be notified in writing as soon as possible or at least 24 hours before such dog is disposed of by destruction or sale. If, at the end of five days the City Clerk has been unable to locate the owner, or the owner upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.

(d)   If the dog impounded has no current registration tag and the identity of the animal’s owner is unknown to the animal control officer or the impounding law enforcement officer then such impounding officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code. If within three full business days, the owner does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.

(e)   If at any time before the sale or destruction of any dog impounded under the provisions of this article the owner of an impounded dog does appear and redeem the dog, it shall be turned over to the person claiming it upon payment of any impoundment fees or penalties plus the actual costs of impoundment, and upon compliance with the registration provisions of this article. This subsection shall not apply to any dog alleged as being vicious under Section 2-115 or suspected of rabies under Section 2-118 of this code.

(f)   The minimum impoundment fee for the City and the impoundment facility shall be set in a rate schedule as determined by Article4-Section 2-401.

(g)   Any dog impounded may not be released without a current rabies vaccination.

(h)   impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this article for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced hereunder.

(i)    The redemption of any dog impounded for a violation of any provision of this chapter shall be prima facie evidence of the violation of such provision by the person redeeming the dog.

(Ord. 127; Ord. 216; Code 2018; Ord. 327B)

If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-207 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 but in no case shall any dog be sold for less than $5.00 plus $1.00 for each day impounded.

(Ord. 216; Code 2018)

Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

(Ord. 216; Code 2018)

Whenever the mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such order shall be published in the official newspaper of the city for such period of time as the mayor may deem necessary.

(Ord. 216; Code 2018))

No dog shall be allowed to enter any theater, store, or other public building in the city, whether accompanied by its owner or person in charge or otherwise, except in the case of a person legally blind who has charge of and is accompanied by a guide dog, or any other necessary service dog as defined by state statute. The proprietor of a hotel or motel may permit a pet dog or dogs therein. This section shall not apply to the operator of a pet shop or related business.

(Ord. 127; Ord. 216; K.S.A. 39-1113; Code 2018; Ord. 355)

Every person who by words, sign or otherwise, sets any dog or dogs to fight, or causes any dog to attack any other dog dogs or other animal or aids or abets or encourages any dog to attack or chase any human being not engaged in malicious or criminal acts; or being the owner, keeper or harborer of any dog knowingly permits such dog to fight without endeavoring to prevent the same, shall be guilty of a violation of this code. Upon conviction of violating this section, the offender(s} shall pay a fine as set by the rate schedule as defined in Section 2-401.

(Ord. 127; Ord. 216; Code 2018)