All persons owning, keeping or harboring any dog in the city shall pay annually to the city a license tax for each spayed female or neutered male dog in the sum of $5.00, and for each unneutered male and unspayed female $10.00, and a kenneling license fee for four or more dogs, the sum of $1,500.00, which license tax shall be due and payable on May 1 of each year to be paid to the city clerk. If these fees are not paid within three months after they become due, there shall be assessed against the owner of such dogs an additional $300.00 penalty for each’ kennel license, per month.

(Code 1999, 10-31; Ord. 102-99; Code 2016)

All dogs over six months of age shall be licensed. Each owner of any dogs shall present a proper rabies certificate showing that each dog has a current vaccination before a license can be issued.

(Code 1999, 10-32; Ord. 102-99; Code 2016)

It shall be unlawful for the owner of any dog to permit it to run at large within the city. A dog following or accompanied by or under the immediate control of owner, keeper or possessor of the dog shall not be deemed running at large.

(Code 1999, 10-33; Ord. 102-99; Code 2016)

It shall be judged unlawful for anyone to release dogs from the city’s live animal traps, or to interfere with the proper operation of the animal control officer’s duties in any manner.

(Code 1999, 10-34; Ord. 102-99; Code 2016)

It shall be unlawful for the owner or harborer of any dog to permit or allow such dog to go upon private premises owned or occupied by another, and any person violating this provision shall be deemed guilty of trespass; and if any dog shall destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, terrace, or anything upon any private premises owned or occupied by another, or if the owner or harborer allows such dog to be a nuisance or annoyance to the owners or occupants of such other private premises, such action shall be prima facie evidence of a trespass by such owner or harborer of such dog.

(Code 1999, 10-35; Ord. 102-99; Code 2016)

Any dog picked up as being in violation of this article shall be transported to the designated animal shelter, impounded for 72 hours and then made available for adoption by that facility; however, during such period, any person desiring to do so may redeem such dog on the following conditions:

(a)   By paying the City Clerk the current fee the designated facility is charging for incoming animals.

(b)   By providing proof that the current license fees on such dog have been paid.

(c)   By providing proof that the dog is currently inoculated against rabies or depositing the sum of $20.00 with the city clerk, to be refunded upon proof of rabies inoculation being provided, or forfeited to the city if such proof is not provided within five days after such deposit is made. 

(Code 1999, 10-61; Ord. 102-99; Code 2016)

(a)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Pit bull dog means:

(1)   A Bull Terrier breed of dog;

(2)   Staffordshire Bull Terrier breed of dog;

(3)   The American Pit Bull Terrier breed of dog;

(4)   The American Staffordshire Terrier breed of dog;

(5)   Dogs of mixed breed or of other breeds listed in this definition, which breed or mixed breed, is known as pit bulls, pit bull dogs, or pit bull terriers, or any dog which has the appearance and characteristics of being predominantly of any of the breeds listed in this definition or a combination of any of the breeds listed under this definition.

Rottweiler means:

(1)   Any of a German breed of tall, vigorous, black, shorthaired cattle dogs;

(2)   Dogs of mixed breed or of other breeds than listed in this definition, which breed or mixed breed, is known as a Rottweiler, or any dog which has the appearance and characteristics of being predominately a Rottweiler as defined in this definition.

(b)   Findings. The governing body finds and determines that:

(1)   Instances of attacks by pit bull dogs and Rottweilers have occurred upon members of other communities.

(2)   As a breed of dogs, all pit bull dogs and Rottweilers are inherently dangerous.

(3)   The possession of pit bull dogs and Rottweilers within the city poses a significant threat to the public’s health, safety and welfare.

(4)   Protective measures by pit bull dog and Rottweiler owners are inadequate to protect the public from attacks by these animals.

(c)   It shall be unlawful to keep, harbor, own, or in any way possess within the corporate limits of the City of Gas, Kansas a Pit Bull or Rottweiler as defined by paragraph (a).

(d)   The provisions of subsection (c) are not applicable to owners, keepers or harborers of Pit Bulls and Rottweilers registered with the City of Gas as of August 13, 2013. The keeping of such dogs, however, shall be subject to the following standards:

(1)   Leash and Muzzle. No person shall permit a registered Pit Bull or Rottweiler to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a Pit Bull or Rottweiler 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 dogs may not be leashed to inanimate objects such as trees, posts, buildings. etc. In addition, all Pit Bulls and Rottweilers 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.

(2)   Confinement. All registered Pit Bulls and Rottweilers 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 Bulls and Rottweilers 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 Pit Bulls and Rottweilers 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 or Rottweiler 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.

(4)   Signs. All owners, keepers or harborers of a registered Pit Bull or Rottweiler within the City shall within 10 days of the effective date of Ordinance No. 464 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 Bulls and Rottweilers must within 10 days of the effective date of Ordinance No. 464 provide proof to the Gas City Clerk of public liability insurance in a single incident amount of $50,000 for bodily injury to or death to any person or persons or for carnage to property owned by any persons which, may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that cancellation of the policy will be made unless 10 days written notice is first given to the Gas City Clerk.

(6)   Identification Photograph. All owners and keepers of registered Pit Bulls and Rottweilers must within 10 days of the effective date of Ordinance No. 464 provide to the City Clerk two color photographs the registered animal clearly showing the color and approximate size of the animal.

(7)   Reporting Requirements. All owners, keepers or harborers of registered Pit Bulls and Rottweilers must within 10 days of the any of the following incidents, report the following information in writing to the Gas City Clerk as required hereinafter.

(A)  The removal from the City or death of a registered Pit Bull or Rottweiler;

(B)  The birth of offspring of a registered Pit Bull or Rottweiler;

(C)  The new address of a registered Pit Bull or Rottweiler owner should the owner move within the corporate city limits.

(8)   Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a Pit Bull or Rottweiler 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 Pit Bull and Rottweiler may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who don’t reside within the City.

(9)   Animals Born of Registered Dogs. All offspring born of Pit Bulls and Rottweilers registered within the City must be removed from the City within six weeks of the birth of such animal.

(10) Irrebuttable Presumption. There shall be an irrebuttable presumption that any dog registered with the City as a Pit Bull or Rottweiler or any of those breeds prohibited by this section is in fact a dog subject to the requirements of this section.

(e)   Penalty.

(1)   Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a Pit Bull or Rottweiler, either registered or not registered, within the City of Gas to fail to comply with the requirements and conditions set forth in this section. Any dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license, if registered, of such animal resulting in the immediate removal of the animal from the City.

(2)   Violations and Penalties. Any person violating or permitting the violation of any provision of this section shall upon conviction in Municipal Court be fined a sum not less than $200.00 and not more than $1,000.00. 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 Pit Bull or Rottweiler 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 it shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter food, handling, veterinary care and testimony necessitated by the enforcement of this section.

(3)   Severability. If any section, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this section

(Code 1999, 10-64; Ord. 401-96; Ord. 464; Code 2016)