Update August 18...I hope that the following means that the law has already been rescinded. Thanks to Robby andd Janice Robinette for this exciting update!

On August 18, 1997 the Osage County Sheriff, a local groomer, and Robby and Janice Robinett had a hearing with county commissioners.

They brought up several points in the law (see below) that were unenforcable and probably unconstitutional. We were able to convince the commissioners that a non breed specific law would be a better service to the community and more enforcable.
Thanks to all who helped with advice and information.
If any one else out there needs help or advice as to specifics as to how we accomplished this please feel free to contact us.

Robby and Janice Robinett:
robinett@twinlakes.com


PUBLIC NOTICE

(First Published in The Osage County Chronicle, Thursday. June 26, 1997.)

RESOLUTION NO. 97-10

A RESOLUTION PROVIDING FOR THE REGISTRATION OF AND ISSUANCE OF PERMITS FOR PIT BULL DOGS IN THE UNINCORPORATED AREAS OF OSAGE COUNTY, KANSAS, PROHIBITING PIT BULL DOGS IN OSAGE COUNTY UNDER SPECIFIC CIRCUMSTANCES. AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

WHEREAS, the Board of County Commissioners of the County of Osage, Kansas, finds t in the interest of the public health. safety. and welfare to prescribe regulations for the control of pit bull dogs: and

WHEREAS, K.S.A. 19-101et seq. authorizes the Board to adopt such regulations pursuant to its home rule powers.

NOW THEREFORE, the Board of County Commissioners of the County of Osage. Kansas, meeting in regular session on this 16th day of June 1997, and intending to exercise its powers of home rule legislation pursuant to K.S.A. 19-101a, does hereby resolve as follows:

SECTION 1.0 - DEFINITIONS

1.1 For the purposes of this resolution. ''pit bull dog' means:

a. The Staffordshire Bull Terrier breed of dogs: and

b. The American Staffordshire Terrier breed of dogs; and

c. The American Pit Bull Terrier breed of dogs: and

d. Dogs which have the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.

The registration of a dog with a kennel or dog association at any time as a pit

bull or any of the dogs listed above shall

constitute prima facie evidence the animal is regulated by this resolution.

1.2 "Person' includes any natural person, association, partnership. organization, or corporation.

1.3 ''Custodian" includes any person keeping or harboring a pit bull dog.

1.4 ''SHERIFF'' means the Sheriff of Osage County. Kansas, or his or her designee.

SECTION 2.0. PROHIBITION AS APPLICABILITY

2.1 Except as provided herein, no person shall own, keep, or harbor any pit bull dog in the unincorporated areas of Osage County as of the effective date of this resolution. Pit bull dogs brought into or born in the unincorporated areas of Osage County after the effective date of this resolution are not eligible for a permit and may not be kept or maintained in the unincorporated areas of Osage County, Kansas. Puppies born to pit bull dogs registered under this act must be removed from the unincorporated areas of Osage County by the time they are four (4) months of age. Pit bull dogs unlawfully located in the unincorporated areas of Osage County shall be subject to seizure and impoundment pursuant to this resolution, and the person In possession of such dog or dogs shall he subject to criminal prosecution as herein after provided.

SECTION 3.0 - REGISTRATION REQUIRED: CONDITIONS

3.1 All natural persons who are owners or custodians of pit bull dogs must be eighteen (18) years of age or older and shall be required to register their animals in accordance with this resolution.

3.2 The keeping of pit bull dogs shall be subject to the following mandatory requirements:

a. Leash and Muzzle. No person shall permit a pit bull 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 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.

b. Confinement. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed or muzzled as above provided. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides and be sufficiently strong to restrain the dog inside at all times. All structures used to confine 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 no less than two (2) feet. All structures erected to house pit bull dogs must comply with all Osage County, Kansas, zoning and building regulations. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

c. 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 volition. in addition. no such animal may be kept in a house or structure when any of its windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

d. Signs. All custodians of pit bull dogs within the unincorporated areas of Osage County shall, within ten (10) days of the effective date of this resolution, display in a prominent place on the premises where any pit bull dog is kept, a sign easily readable by the public stating. "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such animal.

e. Registrations, All owners or custodians must register their pit bull dog(s) with the Osage County Clerk within ten (10) days of the effective date of this resolution.

f. Insurance. All owners and custodians of pit bull dogs must, within ten (10) days of the effective date of this resolution, provide proof to the Osage County Clerk of public liability insurance in a single incident amount of at least Fifty Thousand and No/10O Dollars ($50,000.00) for property damage and bodily injury to, or death of an person or person which may result from the ownership, keeping, or maintenance of such animal; and must continuously maintain such insurance during the registration period. At the time of initial registration, the owner and custodian must present proof to the Osage County Clerk of the required insurance. At the time of subsequent registration. the owner and custodian must show proof of current insurance and proof that there was insurance coverage throughout the period of me prior registration year. In the event the liability insurance is canceled, lapsed or for any other reason becomes non-enforceable, the owner and custodian shall inform the Osage County Clerk of this change in insurance coverage.

g. Identification Photographs and Records. The owner or custodian of each pit bull dog must, within ten (10) days of the effective date of this resolution. provide to the Osage County Clerk: (i) (2) color photographs of the animal clearly showing the color and approximate size of the animal: and (ii) copies of pedigree registration papers for each such dog. if any.

h. Reporting Requirements. The owner or custodian of each pit bull dog must. within ten (10) days of the incident, report the following information in writing to the Osage County Clerk:

1) The removal from Osage County or death of a pit bull dog;

2) The birth of offspring to his or her pit bull dog:

3) The new address of the put bull dog custodian. should the custodian change residences within the unincorporated areas of Osage County of any change in address of the owner;

4) Each incident in which his or her pit bull dog has escaped from confinement or been allowed to run at large; and/or

5) Each incident in which his or her pit bull dog has caused injury or death to any person or property damage.

i. failure to Comply. It shall be unlawful for any owner or custodian or a pit bull dog to tail to comply with this resolution. Any dog found to be the subject of a violation of this resolution shall be subject to immediate seizure and impoundment. in addition, failure to comply will result in the revocation of any permit issued in accordance with this resolution.

SECTION 4.0 - PERMIT REQUIRED

4.1 Except as hereinafter provided, no person shall have, keep, maintain. possess, or control within the unincorporated areas of Osage County. any pit bull dog without first applying to and obtaining a permit from the Osage County Clerk.

4.2 The permit required by this section shall be in addition to any other permits or licenses required by City ordinance, County resolution, Stale or Federal law.

4.3 Application for a permit must be made within ten (10) days of the effective of this resolution.

4.4 Applicants are required to provide proof of current rabies vaccination for the pit bull dog. If a dog is under four (4) months of age at the time of registration and application for permit, the permit issued shall state that the applicant is required to provide proof of vaccination as soon as the dog is vaccinated but in no case later than the date the dog becomes four (4) months old.

Owners and custodians are required to keep pit bull dogs' rabies vaccinations current throughout the permit period.

The Sheriff, shall prescribe the frequency of rabies vaccinations to be required. This may be done in consultation with a veterinarian.

SECTION 5.0 - APPLICATION FOR PERMIT

5.1 This application for any required pursuant to this resolutions shall be made to the Osage County Clerk in writing and upon a form furnished by the Osage County Clerk. The application shall be verified by the person who desires to have. keep, maintain, possess, or control. within the unincorporated areas of Osage County, the pit bull dog for which a permit is required, and shall state or provide:

a. Name, address, and telephone number of the applicant;

b. The applicants interest in the pit bull dog;

c. The name of the owner of the pit bull dog it the applicant is not the owner.

d. The proposed location of the pit bull dog and the name, address, and telephone number of the owner of such location. and the lessee, if any;

e. The general description of the pit bull dog for which the permit is sought, and that information required by Section 3.2g;

f. Any information known to the applicant concerning vicious or dangerous propensities of his/her pit bull dog, including any previous incidents involving the public health, safety, or welfare associated with the pit bull dog;

g. The housing arrangements for the pit bull dog with details as to safety or structure, locks, fencing, etc.;

h. Safety precautions proposed to be taken;

i. Whether or not more than one pit bull dog will be kept at the proposed location;

j. Proof of rabies vaccination as required by this resolution;

k. Proof of insurance as provided by this resolution to protect those who may be injured or killed by the pit bull dog;

I. A statement, signed by the applicant, agreeing to indemnify Osage County and its agents and employees for any and all injuries, damages, costs, and expenses that may result from the pit bull dog; and

m. Any additional information required by the Sheriff at the time of filing such application or thereafter.

5.2 When applying for a permit, the applicant shall sign a form authorizing the Sheriff to enter the property where the pit bull is located at any lime and without notice to inspect the premises for compliance with this resolution. If the applicant is not the owner of the property where the dog is to be located. the applicant must obtain the property owner's consent for entry before a permit will be issued.

SECTION 6.0 - PERMIT FEE

6.1 The fee for a permit application shall be twenty-five and no/100 dollars ($25.00) for each pit bull dog and is nonrefundable. The fee shall be payable to the Osage County Clerk at the time of filing the permit application.

SECTION 7.0 - ISSUANCE OF PERMITS

7.1 The Osage County Clerk shall, when all registration and permit application requirements have been met, issue a permit for the maintenance of the pit bull dog in the unincorporated areas of Osage County with such conditions as the Sheriff shall prescribe

.

SECTION 8.0 - TERM AND RENEWAL OF PERMITS

8.1 No permit issued under this resolution shall be issued for a period in excess of one (1) year. An application for renewal of any permit shall be made not less than forty-five (45) days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application.

SECTION 9.0 - INSPECTIONS FOR RENEWAL

9.1 Before the annual renewal of any permit issued hereunder and at least once not more than six (6) months after the issuance of any such permit or after its renewal. the Sheriff. shall inspect the premises subject to such permit to determine whether the person to whom it has been issued is complying with all conditions specified in this resolution. If the Sheriff determines that any of the specified conditions are being violated, the Sheriff shall recommend denial of the renewal request. or shall recommend revocation of the permit in the event the violation is not corrected within the time specified by the Sheriff.

SECTION 10.0 - REVOCATION OF PERMITS

10.1 The Osage county Clerk, upon recommendation of the Sheriff may, for good cause, revoke any permit or modify any of its provisions. Failure to comply with any of the provisions of this resolution shall be sufficient grounds for revocation.

SECTION 11.O - EXEMPTIONS

11.1 This resolution shall not apply to the transportation of pit bull dogs through the unincorporated areas of Osage County if the transporter has taken adequate safeguards to protect the public, has notified the local law enforcement agency of the proposed route and time of the transportation, and does not permit any pit bull dog being transported to remain in the unincorporated areas of Osage County.

11.2 The provisions of this resolution shall not apply to humane societies or other persons who obtain custody of a pit bull dog as a result of seizure or impoundment pursuant to this resolution.

SECTION 12.0 - NOTICE OF KEEPING DANGEROUS ANIMALS

12.1 Upon the written complaint of any person that a person is keeping or harboring a pit bull dog in violation of this resolution, the Sheriff shall cause the matter to be investigated: and if the investigation indicates that the person named in the complaint is keeping or harboring a pit bull dog in the unincorporated areas of Osage County in violation of this resolution, the Sheriff shall promptly send written notice to such person requiring such person to safely remove the dog from the unincorporated areas of Osage County within five (5) days of the dale of notice. Notice shall not be required when the pit bull dog has previously caused serious physical harm or death to any person or has escaped and is at large in which case the Sheriff shall cause said dog to be immediately seized and impounded, or killed if seizure and impoundment are not possible without risk or serious, physical harm or death to any person.

SECTION 13.0 - SEIZURE AND IMPOUNDING OF PIT BULL DOGS

13.1 The Sheriff shall forthwith cause to be seized and impounded any pit bull. dog when the person owning. keeping, or harboring such animal the unincorporated areas of Osage County has failed to comply with this resolution. Upon seizure, the animal shall be delivered to a place of confinement which My be with any organization which is authorized by law to accept, own, keep, or harbor pit bull dogs.

13.2 If, during the course of seizing or impounding any pit bull dog, the animal poses a risk or serious physical harm or death to any person, any person authorized by the Sheriff may render the dog immobile by means of tranquilizers or other safe drugs, or if that is not safely possible, the animal may be killed.

SECTION 14.0 - VIOLATIONS AND PENALTIES

14.1 Violation of this resolution is a Class C misdemeanor. Prosecution of violations shall be conducted in the manner proved by law of the prosecution of misdemeanor violations of state laws. The penalty imposed shall be in accordance with the penalties established by law for conviction of a Class C misdemeanor.

SECTION 15.0 - COSTS TO BE PAID BY RESPONSIBLE PERSONS

15.1 Any reasonable costs incurred by the Sheriff in seizing, impounding, confining, or disposing of any pit bull dog pursuant to this resolution shall be charged against the owner or custodian of such animal and shall be collected by the Osage County Clerk. These costs include, but are not limited to shelter, food. and veterinary care.

SECTION 16.0 - SEVERABILITY

16.1 If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution 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 resolution or any part thereof.

SECTION 17.0 - EFFECTIVE DATE

17.1. This resolution shall take effect and be in force from and after the publication in the official County newspaper.

/s/ frank C. Mersmann,

Chairman

/s/ Charles A, Hutchison,

Member

/s/ Eldon H. Christesen,

Member

(SEAL)

ATTEST:

/s/ Karen Persinger,

Osage County Clerk