04-10210 Pit Bull RegulationsC
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(Published in the Salina Journal onL.l I , 2004)
ORDINANCE NUMBER 04-10210
AN ORDINANCE DETERMINING THAT PIT BULL DOGS ARE UNIQUELY
DANGEROUS DOGS AND PROHIBITING THEIR OWNERSHIP AND POSSESSION IN
THE CITY LIMITS, WITH CERTAIN EXCEPTIONS.
WHEREAS, local governmental bodies possess broad powers to regulate the ownership and
possession of dogs within the community; and
WHEREAS, the Kansas Supreme Court has determined that pit bull dogs:
(a) represent a unique public health hazard not presented by other breeds or
mixes of dogs;
(b) possess both the capacity for extraordinarily savage behavior and physical
capabilities in excess of those possessed by many other breeds or mixes of
dogs; and
(c) have an unpredictable nature;
WHEREAS, the governing body finds that pit bull dogs are uniquely dangerous dogs and
desires to enhance the public health, safety, and welfare by prohibiting their ownership and
possession within the city limits, with certain exceptions.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Definitions.
For purposed of this ordinance, the definitions set forth in Section 7.1 of Chapter 7 of the Salina
Code are incorporated by reference. The following words and phrases when used in this ordinance,
shall have the meanings respectively, ascribed to them:
(1) "Enforcement Authority" means the city manager, chief of police, animal control
supervisor and their respective designees.
(2) "Pit Bull Dog" is defined to mean any and all of the following dogs:
(a) The Staffordshire Bull Terrier breed of dogs;
(b) The American Staffordshire Terrier breed of dogs;
(c) The American Pit Bull Terrier breed of dog;
(d) Any other breed commonly known as Pit Bull, Pit Bull Dog, or Pit Bull
Terrier;
(e) Dogs which have the appearance and characteristics of being predominantly
of the breed of dogs known as Staffordshire Bull Terrier, American Pit Bull
Terrier or American Staffordshire Terrier.
The registration of a dog with a dog association or in any governmental jurisdiction
as a pit bull or any of the dogs listed above shall constitute prima facie evidence the
animal is prohibited by this ordinance.
Section 2. Prohibition
No resident shall own, keep, harbor, or in any way possess a pit bull dog within the city limits of
Salina, Kansas. The City Manager shall implement administrative regulations related to standards
and requirements to protect the public safety governing non-resident possession of a pit bull dog
within the city limits on a temporary basis.
Section 3. Exception
Pit bull dogs located within the city limits and lawfully registered with the City of Salina on the
effective date of this ordinance may be kept within the city limits upon strict compliance with the
standards and requirements set forth in Section 4.
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Section 4. Standards and Requirements
The keeping of a pit bull dog eligible for the exception under Section 3 shall be subject to the
following mandatory requirements:
(1) Special Permit Required
A special annual permit shall be required for keeping of any pit bull dog eligible for
the exception under Section 3. No permit shall be granted except with such
conditions attached as shall, in the opinion of the enforcement authority, reasonably
protect the public health, safety and welfare. A temporary permit may be issued
following application and pending final disposition of the application. Permits shall
only be issued to adults.
(2) Application for Permit
An application for a pit bull dog permit pursuant to this ordinance shall be made no
later than 30 days following the effective date of this ordinance. The application
shall be on forms provided by the city, with its form, content and submittal
requirements to be determined by the city manager.
(3) Permit Fee
An initial application fee for an annual permit shall be $50.00 for each pit bull dog.
Annual renewal fees shall be $25.00 for one pit bull dog plus an additional $10.00
for each additional pit bull dog owned by the same individual and kept or harbored
on the same premises.
(4) Standards and Requirements
The keeping of a specially permitted pit bull dog in the city limits shall be subject to
the following mandatory requirements, in addition to compliance with all other state
and local laws and regulations:
(a) Leash Requirement Outside of Pen. 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
an adult is in physical control of the leash. Such dogs may not be leashed to
inanimate objects such as trees, posts, or buildings.
(b) Confinement. All pit bull dogs shall be securely confined indoors or in a
securely enclosed and locked pen or kennel. Such pen or kennel must meet
administrative regulations for construction and location standards established
by the city manager. All structures used to confine specially permitted pit
bull dogs must be locked by a key or combination lock when such animals
are within the structure.
(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.
(d) Microchipping. All pit bull dogs shall have an identification microchip
implanted in the dog. Such microchipping shall be accomplished by a
licensed veterinarian or by the Salina -Saline County Animal Shelter as part of
the special permitting process. The applicant for a special permit under this
ordinance shall file proof of microchipping if it has already taken place or is
to be accomplished outside the permitting process.
(e) Signs. All owners of pit bull dogs shall within 30 days of the effective date
of this ordinance 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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(f) Special Collar. All pit bull dogs shall be required to wear a special
designated color collar at all times when not confined indoors. The collar
shall be visibly on the dog when it is in a kennel or pen, or on a leash. The
collar shall be either one issued by the City during the special permit process,
or one provided by the owner and approved by the City. The Enforcement
Authority shall designate the specific color required.
(g) Insurance. All owners of pit bull dogs shall, within thirty (30) days of the
effective date of this ordinance obtain and have in effect public liability
insurance in a single incident amount of $100,000 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 pit bull dog. At the time of initial application for a special permit, the
owner, keeper or harborer must present proof of the required insurance. At
the time of subsequent registration renewal, the owner, keeper or harborer
shall show proof of insurance for the present registration period and proof
that there was continuous insurance coverage throughout the period of the
prior special permit 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 ordinance. The
owner, harborer or keeper shall notify the City within ten (10) days of any
cancellation, lapse or non-enforceability of this insurance, and provide proof
substitute coverage has been obtained. The insurance may be in the form of a
special liability policy or a standard homeowners or renters insurance policy
from a Kansas licensed insurer which does not have a policy of limiting or
excluding coverage due to pit bull dog ownership.
(h) Identification Photographs. All owners of pit bull dogs shall make available
the dog during the special permit process in order to allow the City to obtain
digital photographs of the registered animal for identification purposes.
(i) Reporting Requirements. All owners of specially permitted pit bull dogs
shall, within ten (10) days of the occurrence, report the following information
in writing to the City.
(1) The removal from the city limits or death of a specially permitted pit
bull dog.
(2) The birth of offspring of the specially permitted pit bull dog.
(3) The new address of the premises where the pit bull dog is kept or
harbored should the owner move within the city limits.
(j) Animals Born to Specially Permitted Dogs. All offspring born of pit bull
dogs specially permitted with the City must be removed from the city limits
within six (6) weeks of their birth.
Section 5. Sale or Transfer of Ownership Prohibited.
No person shall sell, barter or in any other way transfer ownership of a pit bull dog to any person
within the city limits unless the recipient person is an adult permanently residing in the same
household and on the same premises as the owner issued the special permit.
Section 6. Duty of Owners: Failure to Comply.
The purpose of the requirements in this ordinance governing pit bull dogs is to prevent attacks,
injuries or deaths by mandating use of control methods. It is the positive duty of any owner of a pit
bull dog to take all necessary steps to comply with this ordinance. It is unlawful for the owner of a
pit bull dog within the city limits of Salina to fail to comply with the provisions of this ordinance.
Any dog found to be the subject of a violation of this ordinance shall be subject to immediate
seizure and impoundment. Failure to comply shall also be considered good cause for the revocation
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of any license or special permit issued allowing for the keeping of the subject dog, resulting in the
immediate removal of the animal from the City.
Section 7. Costs to be paid by responsible persons.
Any reasonable costs incurred by the City in seizing, impounding, confining or disposing of any pit
bull dog pursuant to the provisions of this ordinance shall be charged against the owner of such
animal and shall be subject to collection by any lawful means.
Section 8. Administration and Enforcement.
It shall be the duty of the city manager, through the enforcement authority to administer and enforce
the provisions of this ordinance. The city manager shall have authority to establish reasonable
administrative regulations, policies and procedures as needed to effectively carry out the spirit and
intent of this ordinance.
Section 9. Penalties.
Wherever in this ordinance any act is prohibited or is declared to be unlawful or the performance of
any act is required or the failure to do any act is declared to be unlawful, the violation of any
provision of this ordinance shall be punished by a fine of not more than two thousand five hundred
dollars ($2,500), or by imprisonment for a period not exceeding one (1) year, or by both fine and
imprisonment, at the discretion of the court. Each day any violation of this ordinance continues
shall constitute a separate offense.
Section 10. That this ordinance shall be effective August 1, 2004 and published once in the official
city newspaper.
Introduced: June 21, 2004
[SEAL]
ATTEST:
Lieu Ann Elsey, City lerk
Passed: June 28, 2004
/MontAeSh4adwick, Mayor
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