The intent of this article is to identify, and if necessary, destroy dogs located within the city limits of Sublette Kansas in order to better safeguard its citizens against dog attacks.

(Ord. 412; Code 2020)

(a)   The law enforcement agency in conjunction with the city employees of Sublette, Kansas shall investigate each case of any animal reported as being vicious and, if probable cause exists to believe the animal is vicious, shall seize and impound such animal unless the owner agrees to impound the animal at the owner’s expense at any veterinarian until the conclusion of any pending municipal court charge regarding the animal. The seizing authority shall further have the discretion to place the dog at a different animal shelter, secured facility, or allow the dog to be returned to the owner or the owner’s agent upon proof of proper safeguards being put into place to ensure the public safety. Impoundment expenses shall be assessed as court costs against a convicted owner. 

(b)   The owner shall report immediately to the city clerk and law enforcement any animal, which has actually bitten or scratched any person, regardless of the circumstances involved.

(c)   For purposes of this article the term vicious animal shall mean any animal which inflicts unprovoked injury or poses an imminent threat of unjustified, serious aggression toward people or other animals.

(Ord. 412; Code 2020; Ord. 462)

(a)   It is unlawful for any owner, harborer, keeper or possessor who keeps any animal within the city limits to allow the following, and the same are declared to be public nuisances and prohibited:

(1)   To permit such animal to attack or bite any person or animal that is not upon the premises of the owner, harborer, keeper or possessor.

(2)   To permit such animal to attack or bite any person or animal that is upon the premises of the residence of such owner, harborer, keeper or possessor. It shall be an affirmative defense to this subsection (a)(2) that the use of such animal to attack or bite any person was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery, criminal trespass or theft upon such property.

(3)   To permit such animal kept by such owner, harborer, keeper or possessor within or upon the premises of any business establishment to attack or bite any person or animal upon such premises. It is an affirmative defense to this subsection (a)(3) that the use of such animal to attack or bite any person was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery, criminal trespass or theft upon such property.

(4)   To allow a dog which has been deemed to be a vicious dog by a court of competent jurisdiction to be within the City limits of Sublette, Kansas unless as provided for in 2-205(a).

(b)   Exceptions. The provisions of subsection (a) shall not apply to any law enforcement officer who uses or employs an animal while engaged in law enforcement activities, nor to any owner, harborer, keeper or possessor of any animal which attacks or bites a person engaged in physically attacking or striking such owner, harborer, keeper or possessor.

(Ord. 412; Code 2020; Ord. 412A)

(a)   Any person who witnesses or has other personal knowledge that an act made unlawful by the provisions of this section has been committed in violation of such provisions may sign a complaint against the alleged violator.

(b)   Any police officer, reserve police officer or animal control officer of the city is authorized to issue a uniform complaint and notice to appear to any person when such officer personally observes a violation of the provisions of this section or when information is received from any person who has personal knowledge that an act or acts which are made unlawful by the provisions of this section have occurred.

(c)   Impoundment of Vicious Animal.

In the event it appears to law enforcement that such animal is a vicious animal then such law enforcement officer shall seize said animal and it shall be kept at the city pound or other suitable facility until proper safeguards can be put into place to ensure the public safety or the owner is found not guilty of the offense.  Impoundment fees shall be paid by the owner of the dog and assessed either through the City Clerk against the owner prior to the dog’s release if applicable or assessed by the court.

(d)   Penalties

(1)   Upon a first conviction of a violation of this section, a person shall be fined not less than $250.00 nor more than $500.00. On a second or subsequent conviction of a violation of this section within seven years of the most recent conviction, a person shall be sentenced to not less than five days’ imprisonment nor more than 30 days’ imprisonment, and shall be fined not less than $350.00 nor more than $500.00. The person convicted must serve at least five days’ imprisonment and pay at least $350.00 before the person is granted suspension or reduction of sentence.

(Ord. 412; Code 2020; Ord. 462)

Upon an initial conviction of a violation of this section, the judge of the municipal court of the city may order the owner, harborer, keeper or possessor of such vicious animal to destroy such animal. Upon a second or subsequent conviction, the judge shall order the owner, harborer, keeper or possessor to destroy the animal.

(a)   Confinement of animal. Upon conviction of a violation of this section, the judge of the municipal court shall order the owner, harborer, keeper or possessor of such vicious animal to confine such animal in a secure enclosure. If the owner, harborer, keeper or possessor takes the vicious animal off the property, the judge shall order the animal to be under the direct physical control of some person by use of a chain, leash or similar device, and the animal shall be muzzled by a caged muzzle. Failure to comply with any such order shall be deemed a violation of this section and subject the violator to the penalties set forth above.

(Ord. 412; Code 2020)

(a)   It shall be unlawful to keep, harbor, own or in any way possess within the city limits any pit bull dog; provided, that pit bull dogs registered with the city on July 15, 1989 may be kept within the City subject to the standards and requirements set forth in subsection (b).

“Pit bull 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)   Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Stafford shire terrier; or a combination of any of these breeds.

(b)   The provisions of subsection (a) are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Sublette, as of July 15, 1989. 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 dog to go outside its kennel or pen unless such dog is securely leashed with a harness or a leash no longer than four 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 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 bull 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.

(2)   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 pit bull 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 pit bull dogs must comply with any 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 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.

(4)   Signs. All owners, keepers or harborers of registered pit bull dogs within the City shall 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 bull dogs must provide proof to the Sublette City Clerk of 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 ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten days written notice is first given to the Sublette City Clerk.

(6)   Identification Photographs. All owners, keepers or harborers of registered pit bull dogs must provide to the City Clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal. All owners shall have said dog tattooed for identification and submit a photograph of the tattoo to the City Clerk.

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

(A)  The removal from the City or death of a registered pit bull dog;

(B)  The birth of offspring of a registered pit bull dog;

(C)  The new address of a registered pit bull dog 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 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 pit bull dog may sell or otherwise dispose of a registered dog or the off spring of such dog to persons who do not reside within the City.

(9)   Animals Born of Registered Dogs. 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

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

(11) Violations and Penalties. Any person violating or permitting the violation of any provision of subsection (b) shall, upon being found guilty in Municipal Court, be fined a sum of not less than $200.00 and not more than $1,000.00 for a first offense, with a doubling of the minimum and maximum amount of fine for each offense thereafter. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty (30) days for a first offense, with a doubling of the length of the sentence up to a maximum of one year for each offense thereafter. In addition, the court shall order the registration of the pit bull dog revoked and the dog removed from the City, and may order the dog destroyed. 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 destruction of the dog. 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 any provision of subsection (b) shall pay all expenses, including shelter, food, handling, veterinary care, medical expenses for anyone injured, the repair of property damage caused by the dog, in testimony necessitated for the enforcement of this section.

       If a registered or unregistered pit bull dog is found to have bitten, unprovoked, a person or animal, the court shall order the dog destroyed, but the head of such dog shall be preserved.

       If the life or safety of a human is immediately threatened by a pit bull dog, the person threatened, or anyone, may kill the dog or stop the threatened behavior, using whatever method necessary.

(12) 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.

(Ord. 280; Code 2020)