(a)   It is unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any wild or exotic animal. It is unlawful for any person, firm or corporation to keep, maintain, or have any poisonous reptile or any other dangerous, wild or exotic animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, exotic, vicious or dangerous propensities.

(b)   It is unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any, but not limited to, the following animals:

(1)   All poisonous animals including rear-fang snakes;

(2)   Apes: chimpanzees; gibbons; gorillas, orangutans; and siamangs;

(3)   Baboons;

(4)   Badgers;

(5)   Bears;

(6)   Bison;

(7)   Bobcats;

(8)   Cheetahs;

(9)   Crocodilians, thirty (30) inches in length or more;

(10) Constrictor snakes;

(11) Coyotes;

(12) Deer; includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose;

(13) Elephants;

(14) Game cocks and other fighting birds;

(15) Hippopotami;

(16) Hyenas;

(17) Iguana;

(18) Jaguars;

(19) Leopards;

(20) Lions;

(21) Lynxes;

(22) Monkeys;

(23) Ostriches;

(24) Pumas; also known as cougars, mountain lions and panthers;

(25) Raccoons;

(26) Rhinoceroses;

(27) Scorpions;

(28) Skunks;

(29) Tigers;

(30) Wolves.

(c)   The prohibitions of this section shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions, or medical institutions, if:

(1)   Their location conforms to the provisions of the zoning ordinance of the city;

(2)   All animals and animal quarters are kept in a clean and sanitary condition and so maintained as

to eliminate objectionable odors;

(3)   Animals are maintained in quarters so constructed as to prevent their escape.

(d)   The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or removed from the city.

(e)   The City Council designee or control officer may issue a temporary permit without fee for the keeping, caring and protection of an infant animal native to this area which is deemed to be homeless and shall have the power to release or order the release of any infant wild animal, in a proper place outside the city limits kept under temporary permit, which is deemed capable of survival.

(Ord. 536; Code 2018; Ord. 2019-04)

It is unlawful for any person within the city to keep, own or harbor any dangerous animal as determined by the control officer, using established departmental guidelines, unless such person shall conform to regulations for keeping such animals listed in this chapter.

(Ord. 536; Code 2018)

Keeping Vicious Animals-Court Action. Upon a finding by the Municipal Court that any animal in the city is vicious as deemed by the animal control division, the judge of the municipal court shall order the animal seized, impounded and destroyed by the proper authority. The judge of the municipal court may permit the owner to post cash bond in the sum of up to five thousand dollars ($5,000.00) to ensure that the vicious animal is confined in a manner which protects humans and domestic animals from possible bite and/or attack. If such vicious animal is found by the judge of the municipal court to have not been confined in an appropriate manner during the bond period, such bond shall be forfeited to the city in addition to any other penalties imposed. Lack of knowledge by the owner of the viciousness of an animal shall not be a defense to any action brought under this section.

(Ord. 536; Code 2018)

(a)   Registration and Reporting: The owner or keeper of a Staffordshire Terrier and mix breeds thereof shall properly license the dog pursuant to this code, and pursuant to the provisions set forth in this subsection. In addition to having, or obtaining, the license required, an owner or keeper shall submit a completed registration form for the keeping of a Staffordshire Terrier and mix breeds thereof to the City Clerk or his/her designee within thirty (30) business days after the publication of Ordinance No. 536.

(b)   The owner or keeper of the Staffordshire Terrier and mix breeds thereof shall pay a $50.00 annual registration fee for each dog, and such fee shall be submitted to the City Clerk or his or her designee with the registration form for the keeping of Staffordshire Terrier and mix breeds thereof.

(c)   The City of Leon shall request and obtain conviction information in articles 54, 55, 56 and 63 in Chapter 21 and in article 41 of Chapter 65 from the Kansas Bureau of Investigation as a part of the registration process.

(d)   No dog shall be considered to be unlicensed under the terms of this subsection, if the owner or keeper has timely filed a completed application, until such application has been denied.

(e)   All owners of Staffordshire Terrier of Mix Breed within the City of Leon are required to have an identification microchip implanted in the dog traceable to the current owner and registered with the City of Leon. Such microchip information shall be included in the dog’s annual license application with the City of Leon. The owner, keeper or harborer shall pay all costs associated with the microchip procedure.

(f)   It shall be unlawful for any person to own, keep or harbor more than two Staffordshire Terrier of Mix Breed thereof.

(g)   It shall be unlawful for more than two adult Staffordshire Terrier or Mix Breed thereof, to be owned, kept, or harbored on the same premises or dwelling.

(h)   Any person, who owns a Staffordshire Terrier of Mix Breed thereof, shall have thirty days (30) thereafter the final adoption of Ordinance No. 536, to microchip and surgically sterilize such animal. Sterilization of the Staffordshire Terrier or Mix Breed thereof shall not be required upon certification, presented to the City Clerk or his or her designee, by a licensed veterinarian that such sterilization would be injurious to such dog due to its health or age.

(i)    Any owner, keeper or harborer failing to provide documentation of the sterilization procedure as required by this section shall be deemed guilty of a misdemeanor.

(j)    Any individual who fails to comply with the requirements of this section shall be guilty of a Class A misdemeanor.

(k)   The owner or keeper of the Staffordshire Terrier and mix breeds thereof shall maintain with the city clerk or his/her designee the address where the dog is primarily kept or harbored. The owner or keeper shall notify the city clerk or his/her designee within five (5) business days if any of the following occurs:

(1)   A change in the primary address where the dog is kept or harbored, whether in or out of the city limits; or,

(2)   A change in the person who is owning, keeping or harboring the dog; or,

(3)   The death of the dog; or,

(4)   Any change in the information supplied in the application for the dog license, or in the information submitted along with such application; or,

(5)   Harbor, keep or maintain a dog on property not owned by the person without the written consent of the land owner.

(l)    It is unlawful for an owner or keeper of a Staffordshire Terrier of Mixed Breed thereof dog to permit the dog to be outside an approved or secure enclosure or fence unless the dog is restrained by a substantial chain or leash, not exceeding four feet in length, and under physical restraint by a responsible person who is at least 18 years of age or older and possesses sufficient strength for physical control of the animal.

(m)  The same above requirements shall also be in effect for the purpose of transportation to and from a veterinarian for medical treatment.

(n)   Staffordshire Terrier of Mixed Breeds thereof shall be securely confined indoors or in a securely enclosed and locked pen, kennel or fence, except when leashed provided above. The owner, keeper or harborer shall allow the access to the property where the Staffordshire Terrier of Mixed Breed thereof is being harbored to facilitate inspections and insure compliance for the duration of the life of the animal.

(o)   It is unlawful for anyone having prior felony convictions defined in articles 54, 55, 56, and 63 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 Staffordshire Terrier of Mixed Breed thereof.

(p)   The City of Leon shall request and obtain conviction information from the Kansas Bureau of Investigation as part of the registration process.

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

(1)   Harbor, keep or maintain a Staffordshire Terrier or Mixed Breed thereof on property not owned by the person without the written consent of the land owner; or

(2)   Sell, barter or give away to another person a Staffordshire Terrier of Mixed Breed thereof; or

(3)   Own, keep or harbor more than two Staffordshire Terriers or Mixed Breed thereof.

(r)    Should a Staffordshire Terrier of Mixed Breed thereof be found running at large in violation of this section 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 tort 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. 536; Code 2018)

The keeping of such animals as described in this Chapter, except where more restrictive requirements are set out with respect to certain animals, shall be subject to the following standards:

(a)   Leash and Control. No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length. No person shall permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a responsible adult is in physical control of the leash. Such animals may not be leashed or chained to inanimate objects such as trees, posts, buildings, etc.

(b)   Confinement. All dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed 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 animals 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 eighteen (18) inches. All structures erected to house dangerous animals must comply with all zoning and building regulations of the city.

(c)   Confinement Indoors. No dangerous animal may be kept in any part of a house or structure in a manner that would allow the animal 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 animal from exiting the structure.

(d)   Signs. All owners, keepers or harborer of dangerous animals 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” or similar language. In addition, a similar sign is required to be posted on the kennel or pen of the animal.

(e)   Reporting Requirements. All owners, keepers or harborer of dangerous animals must within ten days of the incident, report the following information in writing to the city clerk or control officer as required hereinafter:

(1)   The new address of a dangerous animal should the owner move within the corporate city limits;

(2)   The removal from the city or death of a registered Staffordshire Terrier of Mixed Breed thereof;

(3)   The birth of offspring of a registered Staffordshire Terrier of Mixed Breed thereof.

(f)   Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a dangerous animal to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such animal; providing that the registered owner of a dangerous animal may sell or otherwise dispose of said animal, or the offspring of a registered Staffordshire Terrier of Mixed Breed thereof, to persons who do not reside within the city.

(g)   Failure to Comply. It is unlawful for the owner, keeper or harborer of a dangerous animal to fail to comply with the requirements and conditions set forth in this chapter. Any animal found to be the subject of a violation of this chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply may result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city.

(Ord. 536; Code 2018; Ord. 2019-10)