TITLE 6. ANIMALSTITLE 6. ANIMALS\Chapter 6.12 DANGEROUS DOGS AND EXOTIC ANIMALS

It shall be unlawful to keep, harbor, own, or in any way possess within the corporate limits of the City of Belleville, Kansas:

A.    Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets, and small rodents of varieties used for laboratory purposes).

B.    Any venomous animal.

C.    Any dangerous dog; provided, that dangerous dogs registered with the City as of the date of publication of Ordinance No. 939 may be kept within the City subject to the standards and requirements set forth in Sec. 6.12.020. “Dangerous dog” is defined to mean:

1.    The Staffordshire Bull Terrier breed of dog;

2.    The American Pit Bull Terrier breed of dog;

3.    The American Staffordshire Terrier breed of dog;

4.    The Rottweiler breed of dog;

5.    Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier, Rottweiler, or a combination of any of these breeds as determined by a qualified veterinarian duly licensed as such by the State of Kansas.

6.    Any dog with a propensity, tendency or disposition to attack, to cause injury, or to otherwise endanger the safety of human beings or domestic animals.

7.    Dogs used to assist the vision-impaired or law enforcement officers in their official duties shall not be termed as dangerous dogs.

(Ord. 733; Ord. 802; Ord. 939; Code 2016)

The provisions of Sec. 6.12.010 are not applicable to owners, keepers or harborers of dangerous dogs registered with the City of Belleville as of the date of publication of Ordinance No. 939. The keeping of such dogs, however, shall be subject to the following standards:

A.    Leash and Muzzle. No person shall permit a registered dangerous dog to go 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 dangerous 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 dangerous 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. All structures erected to house dangerous 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.    Availability for Inspections. The owners, keepers or harborers of a registered dangerous dog shall allow the city police onto the premises where the dog is kept for the purpose of inspecting the pen or enclosure in which the dog is confined.

D.    Confinement Indoors. No dangerous 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 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 dog from exiting the structure.

E.    Signs. All owners, keepers or harborers of registered dangerous dogs within the City shall within 10 days of the effective date of Ordinance No. 939 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.

F.    Insurance. All owners, keepers or harborers of registered pit bull dogs must provide proof to the Belleville City Clerk or public liability insurance in a single incident amount of $50,000.00 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 a registered dangerous dog. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is first given to the Belleville City Clerk.

G.    Identification Photographs. All owners, keepers or harborers of registered dangerous dogs must provide to the City Clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.

H.    Reporting Requirements. All owners, keepers or harborers of registered dangerous dogs must within 10 days of the incident, report the following information in writing to the Belleville City Clerk as required hereinafter:

1.    The removal from the City or death of a registered dangerous dog;

2.    The birth of offspring of a registered dangerous dog;

3.    The new address of a registered dangerous dog owner should the owner move within the corporate city limits.

I.     Sale or Transfer of Ownership Prohibited. No person shall sell, barter, or in any other way dispose of a dangerous 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 premises as the registered owner of such dog; provided that the registered owner of a dangerous 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.

(Ord. 733; Ord. 802; Ord. 939; Code 2016)

All offspring born of pit bull dogs registered within the City must be removed from the City within six weeks of the birth of such animal.

(Ord. 733; Ord. 802; Ord. 939; Code 2016)

There shall be an irrebuttable presumption that any dog registered with the City as a dangerous dog or any of those breeds prohibited by Sec. 6.12.010 is in fact a dog subject to the requirements of this chapter.

(Ord. 733; Ord. 802; Ord. 939; Code 2016)

It shall be unlawful for the owner, keeper or harborer of a dangerous dog registered with the City of Belleville to fail to comply with the requirements and conditions set forth in this chapter. Any dog found to be the subject of a violation of this chapter 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.

(Ord. 733; Ord. 802; Ord. 939; Code 2016)

If a law enforcement officer has probable cause to believe that a vicious dog harbored or cared for in violation of this chapter, said officer may petition the Municipal Court to order the seizure and impoundment of said animal pending trial.

(Ord. 733; Ord. 802; Ord. 939; Code 2016)

Any person violating or permitting the violation of any provision of this chapter shall upon conviction in Municipal Court be fined a sum not less than $200.00 and not more than $2,500.00. In addition to the fine imposed the Court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. In addition, the Court shall order the registration of the subject dangerous 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 chapter continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this chapter shall pay all expenses, including food, shelter, handling, veterinary care and testimony necessitated by the enforcement of this chapter.

(Ord. 733; Ord. 802; Ord. 939; Code 2016)

This chapter is in conjunction with Chapter 6.04 of the Belleville City Code relating to keeping of dogs and shall not be deemed to supersede any provisions of said Chapter 6.04; EXCEPT, should any provision of this chapter be inconsistent with or converse to any provision of said Chapter 6.04, then such provision of this chapter shall take precedence over, supersede, or enhance such provision of the Belleville City Code.

(Ord. 733; Ord. 802; Ord. 939; Code 2016)