Chapter 2 · Animal Control and Regulation

Article 4. Vicious Dogs

Sections 2-401 to 2-418 · 18 sections

2-401 Definitions.

For the purposes of this chapter “dangerous dog” means and includes:

(a)Any dog having a disposition or propensity to attack or bite any person or animal without provocation, and causing a severe injury as defined in this article, is hereby defined as a “dangerous dog.” For the purposes of this chapter, where the official records of the Chief of Police or City Clerk indicate a dog has bitten any person or persons, it shall be prima facie evidence that said dog is a dangerous dog. Any Dog having been previously determined by any other City or Municipality to be a dangerous or vicious animal shall be prima facie evidence that said dog is a dangerous dog, unless that determination was based solely on breed or breed mix.

(b)Exceptions; Permit and Registration Requirements. Any person or organization shall be permitted to own, harbor or have charge, custody, control, or possession of any animal described in this article, provided the person or organization has first secured a permit under this article; the person or organization shall also be required to register the dog in accordance with the provisions of this article and shall be subject to the following mandatory requirements:

(1)Leash and Muzzle. No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a dangerous 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 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.

(2)Confinement. All dangerous 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 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 no less than two (2) 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.

(3)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.

(4)Signs. All owners, keepers or harborers of dangerous 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 dangerous dogs must provide proof to the City Clerk of public liability insurance in a single incident amount of $300,000.00 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 such animal. At the time of initial registration, the owner, keeper or harborer must present proof to the City Clerk of the required insurance. At the time of subsequent registration, the owner, keeper or harborer must show proof of insurance for the present registration period and proof that there was insurance coverage throughout the period of the prior registration year. In the event said liability insurance is canceled, lapsed, or for any other reason becomes unenforceable, said owner, keeper, or harborer shall be in violation of the provisions of this article and subject to the penalties provided herein.

(6)Identification Photographs. All owners, keepers or harborers of dangerous dogs must within ten (10) days of being designated such provide to the City Clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.

(7)Reporting Requirements. All owners, keepers or harborers of dangerous dogs must, within ten (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 dangerous dog. (B) The new address of the dangerous dog or owner should the owner move within the corporate City limits.

(8)Microchipping. All owners of a dangerous dog must provide proof of microchipping to the City Clerk within 10 days of being designated such.

(9)Spaying/Neutering. All owners of Dangerous Animals must, within 10 days of designation, spay or neuter the animal, if such animal has not previously been sterilized, and provide proof of such to the City Clerk.

(10)Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a dangerous dog to fail to comply with the requirements and conditions set forth in this article. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal and the permit providing for the keeping of such animal resulting in the immediate removal of the animal from the City or provide proof that the animal has been humanely euthanized by its owner to the City.

(Ord. 88-6-7, Sec. 1; Ord. 284-2025)

2-402 Notice of keeping dangerous animals.

Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous dog in violation of this chapter in the City, the Chief of Police or their authorized deputy shall forthwith cause the matter to be investigated; and if after investigation the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such dangerous animal in the City, shall forthwith send written notice to such person requiring such person to safely remove said animal from the City within five (5) days of the date of said notice. Notice as herein provided shall not be required where such dangerous dog has previously caused severe injury or death to any person or has escaped and is at large in which case the Chief of Police or his authorized deputy shall cause said animal to be immediately seized and impounded, according to the provisions of this article, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person. Severe injury shall include, but is not limited to, any physical injury resulting in broken bones or disfiguring lacerations that require suturing.

(Ord. 88-6-7, Sec. 2; Ord. 284-2025)

2-403 Seizure and impounding of dangerous animals.

The Chief of Police or their authorized deputy shall forthwith cause to be seized and impounded any dangerous dog, where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to this article. Upon seizure and impoundment, said dog shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.

If, during the course of seizing and impounding any such dog, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the Chief of Police may render said animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then said animal may be humanely euthanized.

(Ord. 284-2025)

2-404 Permit required.

(a)No person owning, harboring, or having charge, custody, control or possession of any dog described in this article, shall allow such dog to remain within the City unless and until they have first secured a permit, so to do and complies with all terms and conditions of such permit; and, in addition thereto, such dog shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered.

(b)Failure to obtain a permit when required by subsection A after written notification by the Chief of Police or their authorized deputy shall be adequate grounds for said officer or deputy to impound said dog until a permit is obtained. If no permit is obtained within ten (10) days, said dog will become the property of the impounding agency and subject to being humanely euthanized.

(Ord. 284-2025)

2-405 Issuance of permit.

Except as hereinafter provided, no person shall have, keep, maintain, or have in their possession or under their control within the City any dog described in this article without first applying to and receiving a permit from the City Clerk; provided, no permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably insure the public health, safety and general welfare, and in any event no permit shall be granted for any dog at any particular location except upon an explicit finding by the Chief of Police or an authorized deputy that the issuance thereof will not be contrary to the public health, safety and general welfare.

(Ord. 284-2025)

2-406 Application for permit.

An application for any permit required pursuant to this chapter shall be made to the City Clerk in writing and upon a form furnished by the City Clerk. Said application shall be verified by the person who desires to have, keep, maintain or have in their possession or under their control, in the city, the dog for which a permit is required, and shall set forth the following:

(a)Name, address and telephone number of the applicant.

(b)The applicant’s interest in such animal.

(c)The proposed location, and the name, address, and telephone number of the owner of such location, and of the lessee, if any.

(d)The number and general description of all animals for which the permit is sought.

(e)Any information known to the applicant concerning vicious or dangerous propensities of all such animals.

(f)The housing arrangements for all such animals with particular details as to safety or structure, locks, fencing, etc.

(g)Safety precautions proposed to be taken.

(h)Noises or odors anticipated in the keeping of such animals.

(i)Prior history of incidents involving the public health or safety involving any of said animals.

(j)Proof of insurance to cover those who may be injured or killed by said animal.

(k)A statement, signed by the applicant, indemnifying the City and its agents and employees for any and all injuries that may result from said animal.

(l)Any additional information required by the Chief of Police or City Clerk at the time of filing such application or thereafter

(Ord. 284-2025)

2-407 Dangerous animal permit fee.

The City Clerk is hereby authorized to set fees and fee related policies for the Dangerous Dog Permits.

(Ord. 284-2025)

2-408 Temporary permits; powers of city clerk.

The City Clerk may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the City of any such dog upon such conditions as the Chief of Police, in their sole discretion, require when, in their opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare, but no such dog shall be otherwise kept or maintained within this city or permitted to occupy any premises within this city except while such a regular or temporary permit is in full force and effect; Provided, however, that any law enforcement officer, shall take possession of any animal described under this article for which a permit has not been issued and keep the same until the proper permit has been secured by the owner or keeper thereof and shall release the same to the owner or keeper when all fees and costs have been paid and have complied with all requirements.

(Ord. 284-2025)

2-409 Term and renewal of permits.

No permit required by this chapter shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less than 45 days prior to the expiration thereof, and shall be accompanied by the same fee as the initial application fee.

(Ord. 284-2025)

2-410 Inspections, investigations, and issuance of renewal permits.

Prior to the annual renewal of any permit issued hereunder and at least once not more than six months after the issuance of any such permit or after its renewal, the Chief of Police or their designated representative shall inspect the premises subject to such permit to determine whether the person to whom it has been issued is continuing to comply with all of the conditions specified in this chapter. In addition, the Chief of Police, City Clerk or their authorized deputy shall investigate the past history of the permit holder to determine whether during the past permit period the permit holder was in compliance with all of the conditions specified in this chapter. The investigation may include a review of department records and interviews with the permit holder and neighbors. If the Chief of Police determines during any such inspection and investigation that any of the conditions therein specified are being violated or have been noted during the past permit period, the Chief of Police shall recommend denial of a renewal of any such permit, and/or shall recommend revocation of such permit in the event that such violation is not corrected within such period of time as determined by the Chief of Police. Upon completion of the investigation and review process provided herein, the Chief of Police shall recommend to the City Clerk that the dangerous dog permit be renewed or that the renewal application be denied. If the recommendation is to deny the permit, the basis for the denial shall be included in the recommendation.

If the recommendation is to deny the permit, the basis for the denial shall be included in the recommendation report.

(Ord. 284-2025)

2-411 Revocation and suspension of permits.

The City Clerk, upon recommendation of the Chief of Police, may, for good cause, revoke any permit or modify any terms or provisions thereof and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing, for a period not to exceed 30 days. Failure to comply with any of the provisions of this chapter shall be considered good cause for revocation or suspension of a permit.

(Ord. 284-2025)

2-412 Appeals; fees.

(a)Any person aggrieved by or dissatisfied with any of the following decisions, rulings, actions or findings may within 10 days thereafter file a written notice or statement of appeal from said decision, ruling, action or finding to the Mount Hope Municipal Court for an administrative hearing thereon.

(1)The determination that an animal is dangerous;

(2)The denial of a Dangerous Animal Permit;

(3)The denial of a renewal of a previously issued Dangerous Animal Permit;

(4)The revocation of a previously issued Dangerous Animal Permit; and

(5)The temporary suspension of any Dangerous Animal Permit or portion thereof.

(b)The City Clerk is hereby authorized to set an administrative hearing appeal fee. Such fee shall be paid to the Municipal Court Clerk and is required for each appeal to the Municipal Court, and no appeal shall be set for hearing until such fee has been paid.

(c)The filing of an appeal under this subsection shall not stay any action taken pursuant to this Chapter.

(d)The hearing shall be conducted by a Mount Hope Municipal Court judge who will sit as an administrative judge for purposes of this Chapter. The sole issue for determination shall be whether decisions, rulings, actions, or findings of the Chief of Police or the City Clerk (or their respective designees) were within the scope of their authority, supported by substantial evidence, and not arbitrary or capricious in nature. The Court shall make specific findings of fact and conclusions of law in each case. Pursuant to its role as administrative judge, the court is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he or she may be lawfully questioned, the court may order such person to comply with such subpoena and testify; and failure to obey the court’s order may be punished by the court as contempt.

(Ord. 284-2025)

2-413 Appeals, administrative hearing.

The hearing on the appeal provided for in this article shall be conducted by the Mount Hope municipal court judge who will sit as an administrative judge for purposes of this chapter. The sole issue for determination shall be whether decisions, rulings, actions, or findings of the Chief of Police and/or the City Clerk were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature. The Court shall make specific finding of fact and conclusions of law.

(Ord. 284-2025)

2-414 Subpoena power.

Pursuant to its role as administrative judge, the Court is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which they may be lawfully questioned, the Court may order such person to comply with such subpoena and testify; and failure to obey the Court’s order may be punished by the court as contempt.

(Ord. 284-2025)

2-415 Appeal; district court.

Any aggrieved party may appeal the decision and findings of the Mount Hope municipal court judge pursuant to K.S.A. 60-2101(d). However, the filing of an appeal under this section shall not stay any action taken pursuant to this chapter.

(Ord. 284-2025)

2-416 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this chapter or any parts thereof.

(Ord. 284-2025)

2-417 Violations and penalties.

Any person violating or permitting the violation of any provision of this article shall upon conviction in the Mount Hope Municipal Court be fined a sum not less than $200 and not more than $1,000. 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. Should the defendant refuse to remove the dog from the City, the municipal court judge shall find the defendant in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article; as well as any restitution to the victim as ordered by the Municipal Court judge.

(Ord. 284-2025)

2-418 Costs to be paid by responsible persons.

Any reasonable costs incurred by the Chief of Police or City of Mount Hope, Kansas in seizing, impounding, confining or disposing of any dangerous or wild animal, pursuant to the provisions of this article shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the City Clerk.

(Ord. 284-2025)