(a)   The animal control officer, Chief of Police, or their designee, may declare a dog to be dangerous based on:

(1)   the nature of any attack committed or wound inflicted by the animal;

(2)   the past history and seriousness of any attacks or wounds inflicted by the animal;

(3)   the potential propensity of the animal to inflict wounds or engage in aggressive or menacing behavior in the future;

(4)   the conditions under which the animal is kept and maintained which could contribute to, encourage, or facilitate aggressive behavior, such as, but not limited to, allowing the animal to run at large, tethering in excess of legal limits as defined in this Chapter, physical property conditions, presence of young children, the elderly or infirm within or residing near the home, any past violations of this Chapter and/or failing to provide proper care, food, shelter or water.

(b)   The Chief of Police, in determining whether a dog is a dangerous dog, shall also consider the following:

(1)   if the dog was actively being used by a law enforcement official for legitimate law enforcement purposes; or

(2)   if the threat, injury or damage was sustained by a person:

(A)  who was committing, at the time, a criminal trespass or other wrongful act upon the premises lawfully occupied by the owner of the dog; or

(B)  who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or

(C)  who was committing or attempting to commit a crime; or

(D)  if the dog was responding to pain or injury.

(c)   Upon finding that a dog is dangerous, the Chief of Police or designee will notify the owner of the dangerous dog whether the dog should be removed from the City or may be maintained under conditions described in Sections 2-403, 2-404 and 2-405. Notice will be sent to an owner of a dangerous dog in the following manner:

(1)   by personal service at the dog owner’s usual place of abode by leaving a copy of the notice with some person of suitable age and discretion residing therein; or

(2)   by certified mail addressed to the owner’s last known address or addressed to the location where the dog is maintained/harbored. Service by certified mail will request a return receipt, with instructions to the delivering postal employee to show to whom it was delivered, the date of delivery, and the address where it was delivered. Service of process by certified mail shall be considered obtained upon the delivery of the certified mail envelope. If the certified mail envelope is returned with an endorsement showing refusal of delivery or failure to serve the letter for any reason, the Chief of Police or designee shall send a copy of the notice to the owner by ordinary first-class mail. This first-class mailing will be evidenced by a certificate of mailing. Service will be considered obtained upon the mailing of this additional notice by first class mail.

(d)   If the Chief of Police or designee determines a dog is a dangerous dog that should be removed from the City, the owner will have five days after receiving notice as provided in Section 2-401(b) to remove the dog from the City. If the owner fails to remove the dog from the City within the five-day period, the Chief of Police or designee may cause the dog to be seized, impounded and disposed of. If the Chief of Police or designee determines a dangerous dog may be kept in accordance with conditions described in Sections 2-403, 2-404 and 2-405 the owner will have five days after receiving notice as provided in Section 2-401(b) to come into compliance with conditions set forth in Sections 2-403, 2-404 and 2-405. After the five-day period, if the owner fails or refuses to come into compliance with the conditions set forth in Sections 2-403, 2-404 and 2-405 the Chief of Police or designee may cause the dangerous dog to be seized, impounded and disposed of.

(e)   It is unlawful to keep a dangerous dog if the owner of the dog is not in compliance with conditions set forth at Sections 2-403, 2-404 and 2-405 following the five-day period after receiving notice that the dog is a dangerous dog that must be maintained under conditions set forth in Sections 2-403, 2-404 and 2-405.

(Ord. 940, Sec. 4)

(a)   The owner of a dog declared to be dangerous may request a review of the determination that the dog is a dangerous dog by filing a written request with the City Administrator within ten days of the receipt of a notification from the Chief of Police.

(b)   Upon receipt of a request for review, the City Administrator shall hold a hearing within ten days to review the determination by the Chief of Police that a dog is a dangerous dog.

(c)   The City Administrator or designee (“City Administrator”), in reviewing a determination of the Chief of Police that a dog is a dangerous dog will consider the factors set out at Section 2-401(a). If the City Administrator decides a dog is a dangerous dog, the City Administrator will decide whether the dog should be removed from the City or may be maintained in compliance with conditions set forth in Section 2-403, 2-404 and 2-405. The Chief of Police or designee shall attend the City Administrator’s hearing. The dangerous dog owner and the Chief of Police or designee will present evidence at the hearing. Witnesses who testify at the hearing will be subject to cross-examination.

(d)   Pending a decision by the City Administrator on the review, the owner shall comply with the determination of the Chief of Police as to whether the dog should be removed from the City or maintained in compliance with the conditions set forth in Sections 2-403, 2-404 and 2-405. The City Administrator’s decision is a final decision which, in compliance with state statute, be appealed to the 18th Judicial District, District Court of Sedgwick County, Kansas.

(Ord. 940, Sec. 4)

(a)   It is unlawful for an owner of a dog designated to be a “dangerous dog” that is not ordered removed from the City, to permit the dog to be outside an approved or secure enclosure unless the dog is restrained by a substantial chain or leash and under physical restraint by a responsible person who is 18 years of age or older and possesses sufficient strength for physical control of the animal for the purpose of transportation to and from a veterinarian for medical treatment. In such event, the dangerous dog shall be securely muzzled and restrained with a chain or leash not exceeding four feet 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.

(b)   Secure or approved enclosures required under this Section must be approved by the Chief of Police or designee and be adequately lighted and kept in a clean and sanitary condition.

(c)   The owner shall allow access to the property where the dangerous animal is being harbored, to facilitate inspections and insure compliance for the duration of the life of the animal. Failure to allow access shall be prima facie evidence of a violation of this Section.

(d)   The owner of any dog that has been determined to be dangerous shall be required to have the animal surgically sterilized by a licensed veterinarian within thirty days of the dangerous animal determination, at his or her own expense. The owner shall provide documentation of the sterilization upon completion. If the dog’s owner had a valid dog license, such owner shall not receive a refund of the licensing fees paid for the altering or micro-chipping of the dog. Upon the renewal of the license, the amount will be changed to reflect the altering and micro-chipping of the dog.

(e)   Any owner failing to provide documentation of the sterilization procedure as required by this Section shall be deemed guilty of a misdemeanor and shall be required to immediately remove the dog from the City.

(f)    The owner of any dog that has been determined to be dangerous shall be required to have a microchip, traceable to the dangerous dog and the current owner, inserted into the dog and copies of documentation of said procedure available for review by the animal control officer, Chief of Police, or their designee. If the dog’s owner had a valid dog license, such owner shall not receive a refund of the licensing fees paid for the altering or micro-chipping of the dog. Upon the renewal of the license, the amount will be changed to reflect the altering and micro-chipping of the dog. Any owner of a dangerous dog who fails to comply with this provision shall be deemed guilty of a misdemeanor.

(g)   It is unlawful for anyone having prior felony convictions defined in Articles 34, 35, 36, and 43 of Chapter 21, and Article 41 of Chapter 65 of the Kansas Statutes Annotated to possess, harbor, own or reside on any premises with a dangerous dog.

(h)   It shall be unlawful for any person to:

(1)   harbor, keep or maintain a dangerous dog on property not owned by such person without the written consent of the landowner; or

(2)   sell, barter or give away to another person a dog which has been deemed dangerous; or

(3)   Own, keep or harbor more than one dog which has been declared dangerous by this Article.

(A)  Should a previously determined dangerous dog be found running at large in violation of this Article, and should it attack or inflict injury upon any person, the judge of the municipal court shall, in addition to any other penalty provided in this Chapter, order the dog destroyed; provided, however, the judge of the municipal court may, at his or her discretion, consider whether the attack or injury was sustained by a person who, at the time, was committing a criminal trespass or other wrongful act upon the premises of the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, aroused, or assaulted the dog or was committing or attempting to commit a crime.

(Ord. 940, Sec. 4)

Upon determination by the animal control officer, Chief of Police, or their designee, the owner of a dangerous dog shall display in a prominent place at the entrance to his or her premises a clearly visible warning sign indicating there is a dangerous dog on the premises. A similar sign is required to be posted on the secure enclosure in which the animal is harbored.

(Ord. 940, Sec. 4)

(a)   The owner of a dangerous dog shall annually register the dangerous dog with the City on such forms as designated by the Chief of Police or designee, and shall have a microchip, traceable to the current owner of the dog, inserted into the dog. The owner shall complete an application and shall pay an addition $100 annual registration fee to the City of Maize in addition to normal annual registration fees and shall pay all costs associated with the microchip procedure. If the dog’s owner had a valid dog license, such owner shall not receive a refund of the licensing fees paid for the altering or micro chipping of the dog. Upon the renewal of the license, the amount will be changed to reflect the altering and micro-chipping of the dog. The owner of a dangerous dog shall notify the City of Maize in writing a minimum of seven days prior to any change in the address of the owner of the dog or the location of the dangerous dog.

(b)   The owner of a dangerous dog or approved Pit Bull designated as a service animal required to be registered under this Section shall be required to maintain liability insurance in the amount of $100,000 per occurrence for such dog against the potential injury or damage liabilities and hazards associated with the ownership or possession of such dog. The owner or person harboring a dangerous dog or Pit Bull shall file with the City of Maize a certificate of insurance reflecting the required minimum insurance.

(Ord. 940, Sec. 4)

(a)   It is unlawful to own, keep or harbor a dog identified as a Pit Bull as defined by this Chapter; EXCEPT, a Pit Bull may be allowed within the City, after approval by the Chief of Police, if the dog is certified as a service dog that is trained to do work or perform tasks for people with disabilities recognized by the Americans with Disabilities Act and if verifiable certification/documentation declaring the dog as a service animal is provided in writing at the time the dog is registered with the City.

(b)   If a Pit Bull is approved to be kept or harbored, the following is unlawful:

(1)   to keep or harbor more than one approved Pit Bull.

(2)   to fail to have a Pit Bull spayed or neutered.

(3)   to permit the dog to be outside an approved secure enclosure unless the dog is restrained by a substantial chain or leash and under physical restraint by the registered owner who possesses sufficient strength for physical control of the animal.

(4)   to fail to securely muzzle and restrain the dog with a chain or leash not to exceed four feet in length. 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.

(5)   to fail to have an approved Pit Bull micro-chipped, traceable to the dog and the current owner, by the microchip being inserted into the dog.

(6)   to fail to provide to the City copies of documentation of said procedure at the time the dog is registered with the City and to fail to have such documentation available for review by the animal control officer, Chief of Police, or their designee.

(c)   Exemptions for Pit Bull dogs shall be reviewed and approved by the Chief of Police or designee on an annual basis at the time of registration renewal under the guidelines of this Section.

(d)   For the purpose of this Section, verifiable certification/documentation of a service dog shall mean an identification card or letter with:

(1)   the legal name of the dog’s user;

(2)   the name, address and telephone number of the facility, school or trainer who trained the dog;

(3)   what task(s) the dog has been trained to perform; and

(4)   a picture or digital photographic likeness of the dog user and the dog. If a card is used, the picture or digital photographic likeness shall be on the card. If a letter is used, the picture or digital photographic likeness shall either be printed as a part of the letter or be affixed to the letter.

(5)   The Chief of Police may require any other documentation or proof deemed necessary to verify the legitimate use of a Pit Bull as a service dog before allowing the dog to be registered, kept, maintained or harbored in the City.

(e)   If the animal is a Pit Bull dog, the owner shall be given five days from receipt of notice to safely remove the dog from the City. After five days from receipt of notice and the failure or refusal of the owner to remove the animal, any animal control officer or law enforcement officer shall forthwith cause the animal to be seized and impounded.

(f)    It is unlawful for the owner of a Pit Bull to:

(1)   represent that such person has the right to be accompanied by a service dog, unless such person has the right to be accompanied by such dog pursuant to this Article; or

(2)   represent that such person has a disability for the purpose of acquiring a service dog unless such person has such disability; or

(3)   misrepresent or provide false training or certification documents that such dog is trained as a service dog.

(Ord. 940, Sec. 4)