The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning or where such is defined otherwise in this article:

(a)   Animal shelter: Any premises designated by the city of Garnett administrative authority for the purpose of impounding and caring for animals held under authority of this chapter.

(b)   Dangerous dog: Any of the following:

(1)   Any dog with a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals; or

(2)   Any dog which, in a vicious or threatening manner, approaches any person in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property other than on the property of the owner; or

(3)   Any dog which, unprovoked, attacks or bites, or has attacked or bitten a human being or domestic animal; or

(4)   Any dog which was previously determined to be a vicious animal pursuant to the previous provision, section 2-110; or

(5)   Any dog owned or harbored primarily for the purpose of dogfighting shall only be considered dangerous if the dog is evaluated and dangerousness is concluded by a licensed veterinarian or a dog trainer certified by the Certification Council for Professional Dog Trainers with experience in evaluating dogs seized in similar cruelty cases.

(6)   Notwithstanding the definition of a “dangerous dog” above, no dog may be declared dangerous if any injury or damage is sustained by a person or animal who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.

(7)   No dog may be declared dangerous if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared dangerous if the dog was protecting or defending a human being or if the dog was protecting or defending her litter of offspring on the owner’s property, within the immediate vicinity of the dog, from an attack or assault.

(8)   Nothing in this article shall be deemed to regulate or prohibit the lawful maintenance and use of dogs by law enforcement agencies or include actions by a law enforcement dog while on duty or while performing duties.

(c)   Owner: Any person owning, keeping, possessing or harboring any animal, or any person operating a kennel. A parent or legal guardian shall be deemed to be an owner of dogs owned or maintained by children upon their premises.

(d)   Secure enclosure or secure six-sided enclosure: A pen, kennel or structure with secure sides, a secure top attached to the sides and a secure bottom or floor attached to the sides of the pen or embedded in the ground no less than two feet (2’). The secure enclosure must be at least six feet (6’) from any public sidewalk or street. The secure enclosure, other than a residence, must be locked with a key or combination lock when animals are within the enclosure. If the secured enclosure is a residence, then all doors, windows or other means of egress shall be secured in a manner to prevent an animal from escaping. All secure enclosures must comply with all zoning and building regulations of the city. All secure enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(e)   Severe injury: Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery to treat and correct.

(f)   Vicious: A cross, ferocious, or dangerous disposition or a habit, tendency or disposition to snap, attack or bite any person or domestic animal.

(Code 1961, 6-2A-1; Ord. 3921; Code 2023)

(a)   In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous, as defined in this article, the animal control officer or law enforcement officer may seize and impound such animal in any animal shelter unless the owner agrees to impound the animal at the owner’s expense at any veterinarian in the city until the conclusion of any pending municipal court charge regarding the animal. If an animal is impounded pursuant to this subsection, the person who owns, harbors, keeps or possesses such animal shall be entitled to a hearing in the municipal court within fourteen (14) days of such impoundment to review the propriety of such impoundment and whether a bond may be posted. Impoundment expenses shall be assessed as court costs against a convicted owner and any bond may be applied to such costs.

(b)   Dogs seized in connection with dogfighting shall be housed in a secure enclosure with proper exercise and care and held as evidence in the case until the conclusion of the case and order from the court on the disposition of the dogs. Disposition and release of dogs is determined in accordance with applicable Kansas statutes.

(c)   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 who owns, harbors, keeps or possesses a dangerous dog when such officer has probable cause to believe an act or acts which are made unlawful by the provisions of this article have occurred.

(d)   It shall be unlawful for any person to keep or possess a dangerous dog except as provided in this article, or to violate any of the provisions of this article.

(Code 1961, 6-2A-2; Ord. 3921; Code 2023)

If the municipal court judge determines that a dog is dangerous pursuant to this article, the owner of the dangerous dog shall be required to comply with the following:

(a)   Registration: The owner shall annually register the dangerous dog with the city, in the same manner and same time as provided for any other dog, in this chapter. The city may require one or more special or additional forms for the dangerous dog and the owner shall pay a fifty dollar ($50.00) annual registration fee for the year, or any part thereof, of first registration. Such registration shall be valid for the remainder of the year and thereafter shall be subject to renewal on a calendar year basis, at the rate of fifty dollars ($50.00) per annum, in the same manner and at the same time as provided in this chapter.

(b)   Microchipping: The owner shall, at his or her own expense, cause the dangerous dog to be microchipped by a veterinarian or other licensed animal care provider permitted by Kansas law to carry out the procedure. The microchip shall detail the dangerous dog registration and such other information as may be appropriate to determine the ownership of the dog. Such shall be done before the dangerous dog will be released to the owner.

(c)   Sterilization: The owner shall, at his or her own expense, cause the dangerous dog to be sterilized by spaying or neutering. Such shall be done before the dangerous dog will be released to the owner.

(d)   Confinement: All dangerous dogs shall be confined in a secure enclosure. It shall be unlawful for any owner to maintain a dangerous dog upon any premises that does not have a secure enclosure. It shall be unlawful for any owner to allow a dangerous dog to be outside of the dwelling of the owner or outside the secured enclosure unless it is necessary for the owner to obtain veterinary care for the dangerous dog or for the limited purposes of allowing said dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required. In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four feet (4’) in length, and shall be under the direct control and supervision of the owner of the dangerous dog. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(e)   Insurance: The owner of a dangerous dog shall at time of registration as a dangerous dog and continuously thereafter provide proof to the City Clerk of liability insurance in force in a single incident amount of not less than one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any person or persons which may result from the owner­ ship, keeping or maintenance of such animal. Such insurance policy shall be written so as to provide that no cancellation of the policy will be made unless ten (10) days’ written notice is first given to the City Clerk of the City of Garnett.

(f)   Time For Compliance: Upon conviction of keeping dangerous dog, the owner shall comply with the provisions of this section within 15 days. The owner shall file proof of sterilization and microchipping, acceptable to the municipal court, with the clerk of the municipal court no later than 20 calendar days after conviction. Upon receipt, the clerk of the municipal court shall provide a copy of such proof to the legal department and if in satisfactory form, the dog may then be released. If the owner fails to comply with the provisions of this section within the time provided, the dog shall be destroyed. If the owner or keeper of the dog contests the determination, he or she may appeal within 14 days of the finding to the Anderson County District Court, pursuant to law.

(g)   Information to be Kept Current. The owner of a dangerous dog shall keep all information on the licensing and registration papers current. To that end, the owner shall notify the City Clerk within seven days:

(1)   Any change in address for the owner and the dangerous dog; or,

(2)   Any sale or disposition of a dangerous dog, including identifying the new owner or recipient of said dog, including such person’ s name and address.

(Code 1961, 6-2A-3; Ord. 3921; Code 2023)

Any dog that has been found to be a dangerous dog, or previously found to be a vicious dog under the previous provisions of the Garnett Municipal Code, Section 2-210 (Code 1961, 6-2-10), that is not confined or registered as required pursuant to this article shall be impounded by an animal control officer or a law enforcement officer. Upon conviction, in addition to all costs for impoundment, the owner or keeper shall pay a fine of not less than $250 nor more than $499.00. For a second such offense occurring within 24 months, in which the dog is not confined or registered as required pursuant to this article, in addition to all costs for impoundment, the owner or keeper shall pay a fine of not less than $500 nor more than $1,000 and the court may order the dog destroyed. For a third such offense occurring within 24 months, in which the dog is not confined or registered as required pursuant to this article, the owner or keeper shall pay a fine of not less than $500 nor more than $1,000 and the court may order the dog destroyed.

(Code 1961, 6-2A-4; Ord. 3921; Code 2023)

Any dog that has been found to be a dangerous dog, or previously found to be a vicious dog under the previous provisions of the Garnett Municipal Code, Section 2-210 (Code 1961, 6-2-10):

(a)   which shall severely injure or kill, or assist in such injury or killing, a human being, upon conviction the owner shall pay a fine of at least $500 and not more than $1,000 and the court shall order the dog destroyed; or,

(b)   which shall

(1)   attack, assault, wound, bite or otherwise injure (but not in a severe manner) a human being or assist in such injury; or,

(2)   kill or wound, or assist in killing or wounding, any domestic animal,

upon conviction, the owner shall pay a fine of not less than $250 nor more than $500, and the court may order the dog destroyed. The court shall, in making a determination to destroy the dog, take into consideration the severity of the attack and such other relevant information.

(c)   In addition to the fines provided in this section, the municipal judge shall have the authority to sentence the person adjudicated guilty of any violation of this section to serve up to a maximum of six months in jail.

(d)   Any order to destroy a dangerous dog pursuant to subsections (a) or (b) hereof, or Section 2-204, shall be stayed, pending the determination of the complaint, including any appeal.

(e)   It shall be an affirmative defense to any prosecution for violation of subsections (a) or (b) of this section that the dog was provoked, teased, injured and was protecting itself, its owner, its offspring or another human being.

(f)   If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner.

(Code 1961, 6-2A-5; Ord. 3921; Code 2023)

(a)   No person shall harbor, own, or possess a dog that is an immediate threat to public health and safety.

(b)   The municipal judge shall have the authority to sentence the person adjudicated guilty of violating this section to serve up to a maximum of six months in jail and to pay a fine not to exceed $1,000, or both such jail sentence and fine.

(c)   Notwithstanding any other provision of this article to the contrary, and irrespective of whether the dog has been declared dangerous pursuant to this chapter, the municipal judge may order any dog destroyed if the municipal judge determines that the dog is an immediate threat to public health and safety and that confinement and registration of the dog by the owner or keeper of the dog as provided in this chapter will not adequately protect public health and safety. In making such determination the municipal judge may consider the severity of the attack and such other relevant information.

(Code 1961, 6-2A-6; Ord. 3921; Code 2023)

(a)   Any person found guilty of violating the provisions of this article for which there is no other penalty stated shall pay a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

(b)   If a person is convicted of a violation of any section or subsection of this article and the animal was transported by the city police department or animal control officer to an animal shelter, then the judge of the municipal court may impose and collect fifty dollars ($50.00) for handling and transportation of the animal, in addition to all other fines and costs.

(Code 1961, 6-2A-7; Ord. 3921; Code 2023)