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A. It shall be unlawful for the owner, custodian or harborer of any dog or cat to permit such dog or cat to run at large within the corporate limits of the City. The term "at large", as used in this section, shall mean any dog or cat out of doors in any place unless the dog or cat is on a leash held by a person able to control the dog or cat. A dog or cat may be left unattended out of doors in a yard with a fence adequate to prevent the dog or cat from leaving the yard, or fastened to a leash, chain or rope in such a manner that the dog or cat cannot reach any spot or area within ten feet (10') of a public street, alley, public place or within six feet (6') of any other boundary of the property upon which the dog or cat is so fastened.
B. Running At Large; Fee: The owner, custodian or harborer of such dog or cat running at large shall be fined the sum of fifty dollars ($50.00) upon the first instance said dog or cat running at large; in the instance of a second instance of the same dog or cat running at large, the fine shall be the sum of one hundred dollars ($100.00); in the instance of a third or any subsequent instance of the same dog or cat running at large, the fine shall be the sum of two hundred dollars ($200.00). Additionally, any animals running at large caught by the police department are subject to fees associated with the impoundment of the animal. (Ord. 1221, 9-20-2021)
A. Duty To Impound: It shall be the duty of the Public Service Officer and the Police Department to arrest and impound all dogs or cats found running at large in the streets, alleys and public places of the City, whether the dog is provided with a license tag or not, and it shall be the duty of the Public Service Officer and the Police Department to arrest, catch and impound such dogs and cats which are running at large or which have not been licensed as provided by this article. (1983 Code § 2-208)
B. Notice Of Impoundment: Upon the catching, arresting and taking into custody of any dog or cat running at large, such animal shall forthwith be impounded in the animal shelter owned by the City. The catching and arresting officer shall forthwith cause the owner, custodian or harborer to be notified of the arrest of such animal. The arresting officer shall likewise prepare a listing of all dogs and cats impounded, which list, together with the description of the dog or cat so arrested, shall be placed on the bulletin board of the City Clerk in the City Hall and no dog or cat shall be destroyed until the listing has remained on such bulletin board for a period of seventy two (72) hours, excluding Saturdays, Sundays and legal holidays, such period to commence with the time listing is made and not before. In those instances where the owner, custodian or harborer of the impounded animal cannot be determined, the posting of the listing as hereinabove described shall be considered notice to the owner, custodian or harborer, even though he be unknown. (1983 Code § 2-209)
C. Release From Impoundment; Fee:
1. During the seventy two (72) hour period immediately subsequent to the listing of the impounded animals as provided in subsection B of this section, the owner, custodian or harborer of such impounded animal may procure the release of such animal from the Public Service Officer by paying to the City Clerk the License Tax on such animal, plus costs of the arrest and impoundment of such animal, particularly the sum of fifty dollars ($50.00) upon the first instance that any one animal is impounded; in the instance of a second impoundment of the same animal, the fee is the sum of seventy-five dollars ($75.00); in the instance of a third or any subsequent impoundment of the same animal, the fee is one-hundred dollars ($100.00). The number of instances of impoundment shall reset every year on the first day of January for that year. Additionally, the sum of fifteen dollars ($15.00) for each additional day or part thereof shall be paid by the owner, custodian or harborer of such animal for the care of the same, plus any cost of vaccinating or immunizing the animal against rabies. Said immunization cost forthwith paid to the City Clerk who will in turn deliver the same to the person administering said vaccination or immunization, upon presentation to the City Clerk of the immunization certificate indicating vaccination or immunization from rabies. The City Clerk shall then issue to the owner, custodian or harborer of such animal, if it be a dog, the license tag for the year in which impoundment occurs. On receipt of such fees by the City Clerk, he or she shall issue his or her receipt therefor to the owner, custodian or harborer of such animal, if the identity thereof can be ascertained.
D. Unclaimed; Destruction: In the event a period of seventy two (72) hours shall elapse from and after the posting of the list of impounded animals and the License Tax fees, costs of impoundment and care are not paid, the Public Service Officer shall humanely destroy such impounded animal. (1983 Code § 2-211; amd. 1998 Code; Ord. 1220, 9-20-2021)
A. Defined: "Kennel" shall mean a pack or collection of dogs which are kept, maintained or bred for hunting purposes or any collection of dogs or cats kept or maintained for sale or distribution.
B. Nuisance Or Hazard Unlawful: It shall be unlawful for any person to own, keep, harbor or shelter, or to permit to be owned, kept, harbored or sheltered within the corporate limits of the City, any kennel composed of two (2) or more dogs or cats that is a public nuisance or health hazard. (1983 Code § 2-213)
A. Definitions: For purposes of this section, the following terms shall mean:
DANGEROUS DOG: | Any dog that: 1. Has a propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domesticated animals; 2. Attacks a human being or domesticated animal without provocation; 3. Is trained for fighting or that is owned, primarily or in part, for the purposes of fighting; or 4. Is, with or without provocation, urged or provoked to attack or threaten to attack any law enforcement officer or animal control officer, who is engaged in the performance of an official duty, by a person who is alleged to own the dog. |
IMPOUND: | Taken into the custody of the Public Service Officer or the Police Department. |
MUZZLE: | Properly fitted with a humane device placed over the mouth of a dog that allows the dog to pant and drink, and that is of sufficient strength and design to prevent the dog from biting any person or animal or from removing the device. |
OWN: | To temporarily or permanently own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. In the event that a minor owns any such animal pursuant to the definition herein, the head of household of which such minor is a member shall be deemed to own such animal for purposes of this definition. This definition shall also apply to the terms "owned", "owner", and "ownership". |
PERSON: | Any natural person, corporation, company, association, firm, partnership, business trust, estate, joint venture, cooperative, or any legal or commercial entity. The term "person" shall not include: (1) the City of Scott City, Kansas; (2) an animal shelter that is approved by the City to provide for the keeping and care of animals for the residents and visitors of Scott County, Kansas and to provide for the intake, keeping, and care of animals seized by law enforcement officers, animal control officers, or other agents of the City or the County of Scott County, Kansas; or (3) any employee thereof who is engaged in the discharge and performance of the employee's duties. |
SERIOUS INJURY: | Any physical injury that results in broken bones or lacerations that require any sutures or cosmetic surgery. |
B. Unlawful To Own a Dangerous Dog Within Corporate City Limits:
1. No person shall own any dangerous dog within the corporate city limits of Scott City, Kansas.
2. No person shall own any dog within the corporate city limits of Scott City, Kansas that has been deemed a dangerous dog after December 20, 2021 by Scott City Municipal Court.
3. No person shall own any dog within the corporate city limits of Scott City, Kansas that has been deemed a vicious or dangerous dog by a court of competent jurisdiction pursuant to an ordinance of any city, resolution of any county, law of any state, or law of any other jurisdiction that would constitute an offense that is comparable to Subsection B.1.
C. Impoundment And Destruction:
1. A dog that is alleged to be a dangerous dog by any one of the following conditions shall be impounded or required to be muzzled by the Scott City Police Department until the case is resolved by judgment, dismissal, or acquittal, including any appeals, and until there is a specifically signed authorized release from the City Attorney, Municipal Judge, or Chief of Police:
a. The law enforcement officer investigating the incident has probable cause to believe that the attack was not provoked;
b. The law enforcement officer has probable cause to believe that the dog has attacked a human being or domesticated animal that is properly leashed or on its own property;
c. The law enforcement officer investigating the incident has probable cause to believe that the dog poses a threat to the health and safety of neighbors or the public; or
d. The Chief of Police has probable cause to believe that the dog poses a threat to the health and safety of neighbors or the public.
2. A dog that was previously declared dangerous by the Scott City Municipal Court after December 20, 2021 and that is present within the city limits shall be immediately impounded and destroyed by the Scott City Police Department.
3. It shall be unlawful for any person to knowingly obstruct, resist, or oppose any animal control officer or law enforcement officer in the discharge of any official duty pursuant to this section. A violation of this subsection shall be punishable by a term of imprisonment of not more than twelve (12) months and by a fine of at least $500, but in no event shall the person be fined in excess of $2,500.
4. No dog impounded under this code section shall be released from police custody unless there is a specifically signed authorized release from the City Attorney, Municipal Judge, or Chief of Police.
5. Nothing in this section shall be construed to prevent any law enforcement officer from taking whatever action is reasonably necessary to protect the officer or any other person from injury or danger, including, but not limited to, immediate destruction of any animal without notice to the person alleged to own the animal. The Scott City Police Department shall have the authority to immediately destroy any dog that poses a threat of serious harm to public health or safety and, if, such a dog cannot be safely impounded by the police department, then it shall be immediately destroyed.
6. The person cited for ownership of an impounded dog shall be responsible for any impound fees designated by the City, the actual cost of impound or the actual costs of destruction, and for any damage caused by the dog.
D. Complaint, Procedure, and Special Sentencing Rules:
1. Whenever a complaint is filed with the Municipal Court of Scott City, Kansas alleging a violation of Subsection B.1, the person so charged shall have an expedited First Appearance before the Municipal Court Judge to occur within ten (10) days after the filing of the complaint.
2. If the Municipal Judge finds the person guilty of a violation of Subsection B.1, the Municipal Judge shall order the following remedies:
a. In cases that do not result in the death or serious injury of a human being, the Municipal Judge shall order the dog be removed from the City or be destroyed, shall order such person to pay all impound fees incurred, and shall order the person to pay restitution to the victim of the attack or bite.
b. In cases that do result in the death or serious injury of a human being, the Municipal Judge shall order the immediate destruction of the dog unless good cause is found to order the dog not destroyed but removed from the City, shall order such person to pay all impound fees incurred, and shall order the person to pay restitution to the victim of the attack or bite.
c. In the event that a dog has been previously declared a dangerous dog and is found within the city limits, the Municipal Judge shall order that the dog be destroyed.
3. If the Municipal Judge orders the dog to be removed from the city limits, then the Municipal Judge shall order that the dog shall not be returned to within the city limits for the lifetime of the dog. In addition thereto, the Municipal Judge shall order that the person found to have owned the dog shall be required to provide City Hall with the name of the new owner and the exact physical address of where the animal has been moved. The City may inform the new jurisdiction of the dangerous dog designation.
4. The Municipal Judge shall not order or otherwise require the victim of an attack or bite to provide documentation for restitution at any time prior to sentencing. In the event that such victim does not or is not able to provide restitution at the first sentencing hearing, the Municipal Judge shall grant at least one continuance of sentencing to allow the victim adequate and reasonable time to obtain such documentation. In the event that the victim requires a subsequent continuance of the sentencing hearing, the Municipal Judge may continue the sentencing hearing and, in making such determination, shall take into consideration whether there is any fault of the victim in not timely obtaining the documentation and whether there are any processing delays by a third party that is in control of the documentation.
E. Exceptions:
1. No dog shall be declared a dangerous dog if the Municipal Judge finds any of the following:
a. The dog was used by any law enforcement officer for any legitimate law enforcement purposes.
b. The threat, injury, or damage was sustained by a person:
(1) Who was committing, at the time, a criminal or civil trespass upon the premises lawfully occupied by the person alleged to own the dog.
(2) Who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or
(3) Who was committing or attempting to commit a crime.
b. The dog was:
(1) Responding to pain or injury, or was protecting itself and/or it's offspring, or the real property where the dog regularly resides; or
(2) Protecting or defending a human being within the immediate vicinity of the dog from an attack or assault.
F. Penalties:
1. Any person who is convicted of Subsection B.1 shall be punished by a fine of up to One Thousand Dollars ($1,000.00) or imprisonment not to exceed thirty (30) days, or both, except as provided in Subsection F.2.
2. Any person who is convicted of Subsection B.1 after the Municipal Judge finds that the dog caused serious injury to or kills a human being or domestic animal without provocation shall be fined up to Two Thousand Dollars ($2,000.00) or imprisonment not to exceed sixty (60) days, or both.
3. Any person who is convicted of Subsections B.2 or B.3 shall be punished by a fine of up to Two Thousand Five Hundred Dollars ($2,500.00) or imprisonment not to exceed one (1) year, or both. (Ord. 1075, 1-2-2007; amd. Ord. 1094, 10-6-2008; Ord. 1190, 8-6-2018; Ord. 1229, 12-20-2021; Ord. 1258, 8-21-2023)
Except as provided in subsection 5-B-7H of this article, any person violating any of the provisions of this article shall be guilty of a violation and upon a first conviction shall be fined not less than twenty five dollars ($25.00), nor more than one hundred dollars ($100.00). Upon a second conviction, shall be fined not less than fifty dollars ($50.00), nor more than one hundred fifty dollars ($150.00). Upon a third and any subsequent conviction, shall be fined not less than one hundred dollars ($100.00), nor more than two hundred dollars ($200.00). Any person who has been convicted of violating a provision of this article may, in addition to the above fine, be ordered to dispose of or remove from the corporate limits of the city any dog which is the subject of said violation. (Ord. 1075, 1-2-2007)