It shall be unlawful to keep; harbor, own or in any way possess within the corporate limits of the City of Douglass, Kansas:

(a)   Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes).

(b)   Any animal having poisonous bites.

(c)   Any pit bull dog; provided, the pit bull dogs registered with the City on the date of publication of Ordinance No. 519 may be kept within the City subject to the standards and requirements set forth in Section 2-302. “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 characteristic of being predominantly of the breeds of Staffordshire terrier; or a combination of any of these breeds.

(Ord. 519, Sec. 1; Code 2007; Code 2022)

The provisions of 2-301 of this article are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Douglass as of June 8, 1988. The keeping of such dogs, however, shall be subject to the following standards:

(a)   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 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.

(b)   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 all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in an impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City.

(Ord. 519, Sec. 2; Code 2007)

Any person violating or permitting the violation of any provision of this article shall upon conviction in Municipal Court be fined a sum not less than $200.00 and not more than $1,000.00. 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. In addition, the court shall order the registration of the subject pit bull revoked and the dog removed from the City. 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 impoundment of the animal. Each day that a violation of this article continues shall 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.

(Ord. 519, Sec. 12; Code 2007)