CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 2. DOGS

(a)   The purpose of this article is:

(1)   To ensure that each and every dog kept in the City of Marion, Kansas, is registered annually and is vaccinated against rabies;

(2)   To provide that each dog display a current tag for information purposes;

(3)   To promote public safety by regulating certain dog breeds, potentially dangerous dogs, and vicious dogs.

(4)   To provide that dogs caught running at large will be impounded and the keepers of these dogs will be fined for permitting such violation;

(5)   To create an impoundment and dispositional procedure that ensures compliance with this article by the keepers of dogs;

(6)   To provide a procedure for the general public to complain about and ultimately prosecute keepers of dogs which disturb the peace and quiet, destroy property or are otherwise a nuisance;

(7)   And to create a procedure to respond to the biting of a person by any dog or to respond to any rabid dog.

(b)   This article shall be enforced by the City of Marion through any of its duly authorized agents as it may have from time, not limited to but including the Building Health and Safety Officer, the City Police, the City Clerk, and local veterinarians. Throughout this article the term “Animal Control Officer” shall apply to each or any of these authorized agents.

(c)   This article is intended to create municipal civil infractions for violation of provisions following. Each provision provides a specific penalty by fine and other lawful sanction as deemed appropriate by the Municipal Court. Nothing in these penalty sections should limit the Municipal Court from ordering appropriate legal costs such as court costs, restitution and fees. Further, nothing in this article shall limit the Municipal Court from ordering that any dog found in violation of this article should be placed in impoundment pending future order of the court.

(Ord. 1231; Code 2014)

(a)   Every keeper of any dog over six (6) months of age shall annually register with the City Clerk his or her name and address with the name, sex and description of each dog kept within the City.

(b)   At registration, the keeper shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document.

(c)   The City Clerk shall collect an annual registration fee of $10.00 for each dog.

(d)   The registration year shall be from January 1st through December 31st. The fee shall be payable before March 1st of each year without penalty. Every keeper of dogs who is required to register, but fails to register the same prior to the 1st day of March of  each year shall pay in addition to the registration fee herein provided a penalty fee for late registration of $5.00. An exemption from late fees shall be granted to newly acquired dogs and dogs moved into the city during an annual license period provided that subsection (e) below is met.

(e)   It shall be unlawful for the keeper of any newly acquired dog or any dog brought into the City to fail to register such dog within thirty (30) days from acquisition or bringing the dog into the City. It shall be unlawful for the keeper of any previously registered dog to fail to maintain current registration of such dog.

(f)   It shall be unlawful for the keeper 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 when requested by the Animal Control Officer. The penalty for violation of this subsection shall be a $50.00 fine; and other lawful sanction.

(g)   It shall unlawful for the keeper of any dog kept within the City to fail to display a current certificate of registration issued by the City Clerk evidencing the registration of such dog. The penalty for violation of this subsection shall be a $25.00 fine, and other lawful sanction.

(h)   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.  The penalty for violation of this subsection shall be a $50.00 fine, and other lawful sanction.

(i)    It shall be the duty of the City Clerk or designated agent, 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 keeper of the dog a certificate in writing, stating that the person has registered the  dog and the number by which the dog is registered, and shall also deliver to the keeper of  the dog a tag with the registration number and the registration year thereon, which shall  be, by the keeper, attached to the collar to be used on the dog so registered.

(j)    When any tag has become lost during a registration period, the owner of the dog may request a duplicate tag for the remainder of the registration period. When so requested, the City Clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon a payment of $2.50.

(Ord. 1231; Code 2014)

(a)   It shall be unlawful to keep, harbor, own, or in any way possess within the city limits the following dog breeds:

(1)   Staffordshire bull terrier;

(2)   American pit bull terrier;

(3)   Any dog which has the appearance and characteristics of being predominately of Staffordshire bull terrier, American pit bull terrier, or a combination of these breeds.

(4)   Rottweiler;

(5)   Any dog which has the appearance and characteristics of being predominately Rottweiler.

(b)   Any of the above prohibited dogs registered with the city on the date of publication of this article may be kept within the city subject to the standards and requirements set forth in section 2-207.

(c)   There shall be a presumption that any dog registered with the city as a “pit bull”, “pit bull mix”, “Rottweiler”, or “Rottweiler mix”, is in fact a dog defined in subsection (a) above.

(Ord. 1231; Code 2014)

(a)   If any dog shall bite or tear the clothes of any person with its teeth, whether upon the premises of the keeper or harborer or on any other premises, it shall be the right of the person so damaged, or any other person having information of same to make and file a complaint on oath with the Animal Control Officer of the City of Marion, Kansas, alleging briefly the facts concerning the attack and description of the dog and the name of the keeper thereof. (See Section 2-205 below).

(b)   It shall be unlawful for the keeper of any dog, or any person harboring any dog when notified that such dog has bitten any person or has so injured any persons to cause an abrasion of the skin, to sell or give away such dog for a period of thirty (30) days. It shall be the duty of such keeper upon receiving notice of the character aforesaid to immediately place such dog in a licensed veterinarian hospital at keeper’s expense where such dog shall be confined for a period of not less than ten (10) days; and such keeper or person harboring such dog shall notify the City Clerk of the place of said dog and the date it was confined. Failure to follow this section is unlawful and keepers found in violation shall be subject to a fine of not less than $50.00 nor more than $200.00 and other lawful sanctions, plus any applicable court costs.

(Ord. 1231; Code 2014)

(a)   ‘Potentially dangerous dog’ means any of the following:

(1)   Any dog which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury; (1) when the person and the dog are off the property of the owner or keeper of the dog; or (2) when the defensive action is required to be taken by a lawful licensee on the property of the owner or keeper of the dog, including but not limited to utility meter readers, mail carriers, police or emergency personnel.

(2)   Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in subsection (c).

(3)   Any dog which, when unprovoked, has killed, seriously bitten, or otherwise caused injury by attacking a domestic animal off the property of the owner or keeper of the dog.

(b)   ‘Vicious dog’, means any of the following:

(1)   Any dog which, when unprovoked, in an aggressive manner, inflicts serious injury on a human being or kills a domestic animal.

(2)   Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in subsection (a) or is maintained in violation of Section 2-207.

(c)   ‘Severe injury’ means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

(d)   This section does not apply to animal control facilities, veterinarians or to dogs while utilized by any police department or any law enforcement officer in the performance of police work.

(e)   Judicial process: If the Animal Control Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous  or vicious, the officer shall petition the municipal court for a hearing for the purpose of  determining whether or not the dog in question should be declared potentially dangerous  or vicious. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis supporting the finding of probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The officer shall notify the owner or keeper of the dog that a hearing will be held by the municipal court, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. If, after hearing, a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with Section 2-207 in accordance with a time schedule established in an order prepared by the municipal judge.  This order may be appealed pursuant to Kansas law.

(f)   If upon investigation it is determined by the City Police that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the officer may seize and impound the dog pending the hearings to be held pursuant to this article. The owner or keeper of the dog shall be liable to the City for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

(g)   No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.

(h)   No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was at large pursuant to Section 2-208 or if the animal was the aggressor in causing the altercation.

(Ord. 1231; Code 2014)

(a)   All potentially dangerous dogs shall be properly licensed and vaccinated. The City Clerk shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the municipal judge has determined the designation applies to the dog.

(b)   A potentially dangerous dog shall at all times be subject to the standards contained in Section 2-207.

(c)   If there are no additional instances of the behavior described in within a 36- month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36-month period if the owner or keeper of the dog demonstrates to the animal control department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.

(d)   A dog determined to be a vicious dog may be destroyed by the Animal Control Officer when it is found, after proceedings conducted under Section 2-205, that the release of the dog would create a significant threat to the public health, safety, and welfare.

(e)   If it is determined that a dog found to be vicious shall not be destroyed, the municipal judge shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare.

(f)   The owner of a dog determined to be a vicious dog may be prohibited by the city or county from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted under Section 2-205 that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

(Ord. 1231; Code 2014)

(a)   The following standards shall apply to all dogs prohibited in Section 2-203 but allowed within the City due to the timing of the ordinance; and also to potentially dangerous and vicious dogs as defined in Section 2-205.

(1)   Leash and Muzzle. No person shall permit these dogs to go outside their kennel or pen unless such dogs are securely leashed with a leash no longer than four feet in length. No person shall permit these dogs to be kept on a chain rope or other type of leash outside their 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 such dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(2)   Confinement. These 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 these 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 not less than two feet.

(3)   Confinement Indoors. None of these dogs may be kept on a porch, patio or in any part of a house or structure that would allow the dogs 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 obstacle preventing the animal from exiting the structure.

(4)   Signs. All owners, keeper or harbors of these dogs within the City  shall within 10 days of the effective date of this article (May 14, 2003) 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 these dogs must within 21 days of the effective date of this article (May 14, 2003) 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 animal. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is first given to the City Clerk.

(6)   Identification Photographs. All owners, keepers or harborers of these dogs must within 10 days of the effective date of this article (May 14, 2003) provide to the City Clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.

(7)   Reporting Requirements. All owners, keepers or harborers of these dogs must within 10 days of the incident, report the following information in writing to the City Clerk as required hereafter:

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

(B)  The new address of the dog owner or keeper should the owner move within the corporate city limits.

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

(9)   Animals Born of Registered Dogs. All offspring born of dogs prohibited in Section 2-203 must be removed from the city within 10 weeks of the birth of such animal.

(10) Violations and Penalties. Any person violating or permitting the violation of any provisions of this section shall upon conviction in municipal court be fined a sum not less than $100 and not more than $1,000, plus any applicable court costs. In addition to the fine imposed the court may sentence the defendant to imprisonment in the county jail for a period of not to exceed 30 days. In addition, the court shall order the registration of the subject dog revoked and the dog removed from the City. Should the defendant refuse to remove the dog from the City, the municipal court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.

(Ord. 1231; Ord. 1232; Code 2014)

(a)   It shall be unlawful for the keeper of any dog to allow such dog to run at large within the City at any time.

(b)   Any dog caught while running at large within the City shall be impounded by the local veterinarians as appropriate per contractual arrangement.

(c)   The owner of any dog cited for allowing a dog to run at large shall be subject to a fine of $50.00, a $20.00 pickup fee and shall be responsible to pay the board bill if such dog is impounded. If said dog destroys the property of another while running at large, the municipal judge may consider restitution as a dispositional option

(d)   The "board bill" as used in the article shall consist of an impoundment fee of $15.00 per each day of impoundment and any vaccination fees required for vaccination necessary to bring the dog into compliance with this article.

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

(f)   The redemption of any dog impounded for a violation of any provision of this article shall be prima facie evidence of the violation of this section by the person redeeming the dog.

(g)   If an impounded dog has a current registration tag attached to its collar or if the animal control officer knows the identity of the dog's keeper, the keeper 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 three days the City Clerk has been unable to locate the keeper, or the keeper, upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.

(h)   An animal shall be deemed to be "at large" when it is not on the property of its owner and not under the physical control of the owner by leash or other similar device; voice control only will not be considered adequate control.

(Ord. 1231; Code 2014; Ord. 1405)

It shall be unlawful for the keeper or harborer of any dog to allow such dog to disturb the peace and quiet by barking, howling or otherwise be a nuisance to others.  Upon complaint by anyone so affected by dogs, the Animal Control Officer shall attempt to notify the keeper or harbored thereof, and if after such notice or attempted notice such dog or dogs continue to disturb the peace or otherwise be a nuisance to other persons, then the keeper or harborer shall be subject to a fine of not less than $10.00 and not more than $100.00, and other lawful sanction.

(Ord. 1231; Code 2014)

It shall be the duty of the keeper or any person harboring an unvaccinated dog when such keeper or  person has reason to believe or has been notified that such animal has been bitten or  exposed to a known rabid dog to either destroy said dog, or to immediately place such animal in a licensed veterinarian hospital at such keeper’s expense, where such dog shall be confined for a period of not less than three (3) months; and such keeper or person  harboring such dog shall notify the City Clerk of the care and location of said hospital  and day said animal was confined. Failure to follow this section is unlawful and keepers found in violation shall be subject to a fine of not less than $50.00 nor more than $500.00 and other lawful sanction.

(Ord. 1231; Code 2014)