June 1, 1999....PLANS TO CHANGE FOLLOWING LAW IN FAVOR OF A GENERIC LAW
telephone number for the Shawnee County Animal Control Office. 1-785-368-2200.


HOME RULE RESOLUTION NO HR-91-6

A RESOLUTION PROVIDING FOR THE REGISTRATION OF AND IS SUANCE OF PERMITS FOR PIT BULL DOGS IN THE UNINCORPORATED AREAS OP SHAWNEE COUNTY, KANSAS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas finds it is in the public's health, safety, and welfare interests to prescribe regu- lations for the control of pit bull dogs; and,

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

NOW THEREFORE, the Board of County Commissioners of the County or Shawnee Kansas, meeting in regular session on this 17 th. day of December, 1991, and intending to exer- cise Its powers home 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 character- istics of being predominately 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 assoc- ation 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 "ACO" means the Sheriff of Shawnee County, Kansas, or his or her designee.

SECTION 2.0 - PROHIBITION AND APPLICABILITY

2.1 Except as provided herein, no person shall own, keep, or harbor any Pit bull dog in the unincorporated areas of Shawnee County, Kansas.

2.2 This resolution authorizes the registration of and is- suance of permits for pit bull dogs located or kept in the unincorporated areas of Shawnee County as of the effective date of this resolution Pit bull dogs brought into or born in the unincorporated areas of Shawnee County after the effective date of this resol- ution are not eligible for a permit and may not be kept or maintained In the unincorporated areas of Shawnee County, Kansas. Puppies born to pit bull dogs registered under this act must be removed from the unincorporated areas of Shawnee County by the time they are four (4) months of age. Pit bull dogs unlaw- fully located in the unincorporated areas of Shawnee County shall be subject to seizure and impoundment pursuant to this resolution.

SECTION 3.0 - REGISTRATION REQUIRED; CONDITIONS

3.1 All owners or custodians of Pit bull dogs must be eighteen (18) Years of age or older and shall be re- quired to register their animals in accordance with this resolution.

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

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 ani- mal's kennel must be muzzled by a muzzling de- vice 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 en- closed 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 Pit bull dogs must be locked with a key or combnation 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 struc- tures erected to house pit bull dogs must com- ply with all Shawnee 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 it own volition. In ad- dition, 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 Shawnee County shall, within ten (10) days of the effective date of this resolution, display in a promi- nent place on the premises where any pit bull dog is kept a sign easily readable by the pub- lic 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 Shawnee 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 Shawnee County Clerk of public liability insurance in a single incident amount of at least Fifty Thousand and No/100 Dollars ($50,000.00) for bodily injury to or

death of any person or Persons which may re- suit from the ownership, keeping, or mainte- nance of such animal. At the time of initial registration, the owner and custodian must present proof to the Shawnee County Clerk of the required insurance. At the time of subse- quent registration, the owner and custodian must show proof of current insurance and proof that there was insurance coverage throughout the period of the Prior registration year. In the event the Iiability insurance is can- celled, lapsed, or for any other reason be- comes non-enforceable, the owner and custodian shall inform the Shawnee County Clerk of this change in insurance coverage.

g. Identification Pho hs. The owner or custodian of each pit ull dog must, within ten (10) days of the effective date of this resolution, provide to the Shawnee County Clerk two (2) color photographs of the animal clearly showing the color and approximate size of the animal.

h. Reporting Requirements. The owner or custo- ian of each pit bull dog must, within ten (10) days of the incident, report the follow- ing information in writing to the Shawnee County Clerk:

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

2) The birth of offspring to his or her pit bull dog; and/or,

3) The new address of the pit bull dog custo- dian, should the custodian change resi- dences within the unincorporated areas of Shawnee County and any change in address of the owner.

i. Failure to Comply. It shall be unlawful for any owner or custodian of a pit bull dog to fail to comply with this resolution: Any dog found to be the subject of a violation of this resolution shall be subject to immediate sei- zure and impoundment- In addition, failure to comply will result in the revocation of any permit issued in accordance with this resol- ution.

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 Shawnee County, any pit bull dog without first applying to and obtaining a permit from the Shawnee County Clerk.

4.2 The permit required by this section shall be in addi- tion to any other permits or licenses reguired by City ordinance, County resolution, State or Federal law.

4.3 Application for a permit must be made within ten (10) days of the effective date 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 registra- tion 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 per- mit period.

The ACO, or his or her designee, 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 The application for any permit required pursuant to this resolution shall be made to the Shawnee County Clerk in writing and upon a form furnished by the Shawnee County Clerk. The application shall be veri- fied by the person who desires to have, keep, main- tain, possess, or control, within the unincorporated areas of Shawnee County, the pit bull dog for which a permit is required, and shall state or provide:

a. Name, address, and telephone number of the ap- plicant;

b. The applicant's interest in the pit bull dog;

c. The name of the owner of the pit bull dos if 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;

f. Any information known to the applicant con- cerning 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 th with details as to safety of 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 resol- ution to protect those who may be injured or killed by the pit bull dog;

1. A statement, signed by the applicant, agreeing to indemnify Shawnee 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 ACO or his/her designee at the time of filing such application or thereafter.

5.2 When applying for a permit, the applicant shall sign a

form authorizing the ACO, or his or her designee, to

enter the property where the pit bull is located to

inspect the premises for compliance with this resol-

ution. If the applicant is not the owner of the Prop

erty where the dog is to be located, the applicant

must obtain the property owner's consent for entry be-

fore 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

Shawnee County Clerk at the time of filing the permit

application.

SECTION 7.0 - ISSUANCE OF PERMITS

7.1 The Shawnee County Clerk shall, when all registration

and permit application requirements have been met, is-

sue a permit for the maintenance of the pit bull dog

in the unincorporated areas of Shawnee County with

such conditions as the ACO, or his or her designee,

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 applica-

tion 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 here- under and at least once not more than six (6) months after the issuance of any such permit or after its re- newal, the ACO, or his or her designee, shall inspect the premises subject to such permit to determine whether the person to whom it has been issued is com- plying with all conditions specified in this resol- ution. If the ACO, or his or her designee, determines that any of the specified condition$ are being vio- lated, the ACO, or his or her designee, shall recom- mend 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 ACO, or his or her designee.

SECTION 10.O - REVOCATION OF PERMITS

10.1 The Shawnee County Clerk, upon recommendation of the ACO, or his or her designee, mayl for good cause, re- voke 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 Shawnee 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 Shawnee 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 ACO, or his or her designee, 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 Shawnee County in vio- lation of this resolution, the ACO, or his or her designee, shall promptly send written notice to such person requiring such person to safely remove the dog from the unincorporated areas of Shawnee County within five (5) days of the date 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 ACO, or his or her designee, shall cause said dog to be imme- diately seized and impounded, or killed if seizure and impoundment are not possible without risk of serious, physical harm or death to any person.

SECTION 13.0 - SEIZURE AND IMPOUNDING OF PIT BULL DOGS

13.1 The ACO, or his or her designee, shall forthwith cause to be seized and impounded any pit bull dog when the person owning, keeping, or harboring such animal in the unincorporated areas of Shawnee County has failed to comply with this resolution. Upon seizure, the an- imal 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 pit bull dogs.

13.2 If, during the course of seizing or impounding any pit bull dog, the animal poses a risk of serious Physical harm or death to any person, any person authorized by the ACO, or his or her desiqnee, 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 provided by law for the prosecution of misdemeanor violations of state laws. The penalty im- posed shall be in accordance with the penalties estab- lished 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 ACO, or his or her designee, in seizing, impounding, confining, or disposing of any pit bull dog pursuant to this resol- ution shall be charged against the owner or custodian of such animal and shall be collected by the Shawnee County Clerk. These costs include, but are not lim- ited to shelter, food and veterinary care.

SECTION 16.0 - CONTROLLING EFFECT

16.1 To the extent this resolution conflicts with Shawnee County Home Rule Resolution No. HR-81-6, or any amend- ments thereto, on issues including but not Iimited to rabies vaccinations, enforcement and penalties, this resolution takes precedence.

SECTION 17.0 - SEVERABLLITY

17.1 If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution or any part thereof, is for any reason held to be unconstitu- tional or invalid or ineffective by any court of com- petent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this resolution or any part thereof.

SECTION 18.0 - EFFECTIVE DATE

18.1 This resolution shall take effect and be in force from and after January 20, 1992, however, any party wishing to register and obtain a permit for a pit bull dog may do so any time after the publication of this resol- ution in the official County newspaper.

BOARD OF COUNTY COMMISSIONERS

    __________________________________

Winifred Kingman, Chairman

__________________________________

Eric K. Rucker, Vice-Chairman

__________________________________

Velma Paris, Member

ATTEST:

_______________________________ Approved As To

Patsy A. McDonald, County Clerk Legality/Form

_____________

121391 L. P. Jeffrey

Co. Counselor

Date 12/16/91