Article 1. Animals, Fowl Generally

Article 2. Dogs; Cats

____________________________

2-101. DEFINITIONS. For the purpose of this article, the following words shall mean:

(a) Animal shall include, but shall not be limited to, cattle, horses, mules, goats, hogs and sheep.

(b) Fowl shall include, but shall not be limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

(c) Person shall mean any person, firm, partnership, association or corporation.

(d) Undomesticated animal means and includes any wild mammal, reptile or fowl which is not naturally tame but is of a wild nature or disposition.

2-102. ANIMALS OR FOWL AT LARGE: UNLAWFUL ACTS. It shall be unlawful for any person to suffer or permit any domestic animal or fowl, owned or under the care of charge of such person or persons, to run or be at large within the corporate limits of the city. The word "animal" as used herein shall not be construed to mean or include any dog or cat for the purposes of this article. The phrase "at large" shall mean any domestic animal or fowl not securely confined or kept on the premises of their owner or keeper. (Code 1971, 2-101; 11-308)

2-103. PASTURING OR PICKETING ANIMALS. It shall be unlawful for any person to pasture, graze or herd a domestic animal or animals upon any street, avenue, alley, or public park of the city. It shall be unlawful for any person or persons to picket any domestic animals upon or near any street, avenue or alley in such manner that the animal can, while so picketed, graze or pasture or be upon any such street, avenue or public ground. Any animal being pastured, grazed or picketed in violation of this section shall be deemed at large and may be taken up and held as a stray animal as hereinafter provided. (Code 1971, 2-102)

2-104. TAKING UP ANIMALS OR FOWL. When any domestic animal or fowl shall be found at large in the city, contrary to the provisions of sections 2-102:103 of this article, it shall be the duty of the chief of police or other police office of the city, to take up such animal or fowl and keep the same in a safe place temporarily until the owner or keeper thereof may be found. The officer shall make a diligent inquiry for the owner or keeper of such animals or fowl and shall return the same to the person lawfully entitled thereto when found. The city shall be entitled to receive from any person the actual cost of feeding and keeping of any animal or fowl taken up hereunder. Any city officer having charge of such animal or fowl shall keep an account of the cost incurred thereby and report the same to the city clerk. Whenever any animal or fowl taken up which shall be a "stray" as defined by the laws of Kansas and whose owner or keeper cannot be found, the chief of police shall report such taking up to the sheriff of the county and the animal or fowl shall be disposed of as provided by law. (Code 1971, Sec. 2-103; Code 1983)

Note: See Article 2, Chapter 47, Kansas Statutes Annotated.

2-105. KEEPING LIVESTOCK. It shall be unlawful for any person to keep, maintain or harbor within the city limits of the city any horses, cattle, swine, goats, sheep or any other livestock or domestic animal, other than chinchillas, rabbits, cats or dogs. For the purposes provided herein, the keeping and harboring of such animal shall not include the following: the temporary custody of such animal while held under the order of a licensed veterinarian for the purposes of treatment; use in educational or vocational programs conducted by an educational institution accredited and certified by the State of Kansas; or while such animal is in the process of being transported by ordinary and customary means. (Ord. 545, Sec.1)

2-106. ANIMAL NUISANCES. This article shall not be construed to authorize the keeping or maintenance of any domestic animal or livestock on any premises within the city under any condition constituting a public nuisance. The city board of health shall be authorized to abate any animal nuisance as provided by law and ordinances of the city. (Code 1971, 2-105)

ARTICLE 2. DOGS; CATS

2-201. DOG TAX: No person shall own, keep or harbor any dog or dogs six months of age or more within the city until he or she shall have paid the annual city dog tax hereinafter provided and procured from the city clerk a dog tag for the current year for each such dog; and

(a) The annual tax shall be $1 for each male dog and each spayed female dog. Any person paying the tax for a spayed female dog shall furnish to the city clerk a certificate from a licensed veterinarian or some other satisfactory proof that such dog has been spayed; and

(b) Two dollars fifty cents for each unspayed female dog.

(c) The owner or keeper of any dog brought into the city on or after January 1, of any year, shall be liable for the tax for the current year within 60 days after said dog shall have been brought into the city. All license fees required under this article shall be for a period of one year and shall not be pro-rated for any portion of the year.

(d) The owner or keeper of any dog born on or after January 1 of any year shall be liable for the full annual tax for the current year within 60 days after said dog shall have become six months old. No license required under this subsection shall be pro-rated based upon the age of the dog.

(e) No person shall own, keep or harbor in any place, area, building, structure, or enclosure more than five (5) dogs, more than six months old, which are boarded, cared for, housed, fed, trained, or bred, within the city. This definition includes both private and commercially operated facilities, except to a licensed veterinarian to operate an animal hospital.

(f) No kennel licenses will be issued within the city, except to a licensed veterinarian to operate an animal hospital.

(g) Any person who shall fail to purchase a license as required in this section, shall upon conviction be guilty of a misdemeanor and shall be punished as provided in sections 1-114:115. The imposition of said penalty shall not relieve the person of any additional penalties imposed under section 2-202. (Code 1971, 2-201; Code 1983) (Ord. 682, Sec. 1)

2-202. SAME; WHEN DUE. All dog tags shall be due and payable at the office of the city clerk from and after January 1 of each year. If the tax required to be paid for any such dog shall not be paid prior to March 1 of any year, the owner or harborer shall pay an additional penalty of $.50 per month for each month's delay in the payment of the tax required by section 2-201 of this article. (Code 1971, 2-202)

2-203. NOTICE OF TAX DUE. The city clerk shall each year on or before the 15th day of February publish a notice of the requirements of this article requiring the owners or harborers of dogs in the city to pay the annual tax. Such notice shall be published once in the official city paper. (Code 1971, 2-203)

2-204. VACCINATION REQUIRED. Any person making application for a dog tag shall be required to present to the city clerk at the time of making such application a certificate issued by a licensed veterinarian plainly showing that the dog has been vaccinated or inoculated with a recognized rabies vaccine within the past two years, and certifying that the inoculation is currently effective. (Code 1971, 2-204)

2-205. TAX RECEIPT. The city clerk shall upon payment of the dog tax issue to the person paying the same a receipt showing payment of the current tax. The city clerk shall also supply the taxpayer with a suitable tag which shall bear an identifying number and shall show the year for which the tax shall have been paid. The city clerk shall keep a suitable book in which he or she shall enter the names and addresses of the persons paying taxes on dogs the names of the dogs, the sex, each female if spayed, the color and general description which may be helpful in identifying such animal. (Code 1971, 2-205)

2-206. DISPLAYING TAG ON DOG. It shall be the duty of the person receiving the dog tag to affix it by permanent metal fasteners to the collar or harness of the dog on which the tax shall have been paid. The metal tag issued for any dog shall be securely affixed to the collar or harness of the dog in such manner that the same may at all times be visible to any police officer of the city. If such tag be lost, the city clerk, on application and satisfactory proof of the same and upon the payment of the sum of $.50 shall issue a duplicate tag and enter a record of the same in his book. (Code 1971, 2-206)

2-207. COUNTERFEITING OR REMOVING TAGS. It shall be unlawful for any person to counterfeit or attempt to counterfeit, the dog tag provided in this article or to take from any dog the tag legally placed on it by its owner, with the intent to place the same upon another dog. (Code 1971, 2-207)

2-208. TAGS NOT TRANSFERABLE. Dog tags shall not be transferable from one dog to another, and no refunds shall be made of any tax paid because of the owner leaving the city or because of the death of the dog before the expiration of the license. (Code 1971, 2-208)

2-209. CITY POUND. The city pound is hereby established for the purpose of carrying out the provisions of this article and it shall be the duty of the chief of police to construct the same and keep it in good repair. (Code 1971, 2-209)

2-210. UNTAGGED DOGS. It shall be unlawful for any person to house, keep, harbor or maintain, or cause to be kept, harbored or maintained for more than 24 hours within the city, any dog six months or older on which a tag for the current year is not displayed. This section shall not apply to dogs owned by nonresidents of the city, such dogs of nonresidents not being allowed to remain in the city for more than 30 days without being properly tagged. (Code 1971, 1-210)

2-211. IMPOUNDING: INQUIRY: DESTRUCTION. The chief of police or any police officer shall take up and impound any dog running at large not wearing a tag as provided by this article and shall make a diligent inquiry for the owner thereof. Such dog shall be destroyed, sold or otherwise disposed of if not claimed or redeemed within five days of the time of impounding. If the dog is wearing a tag, an effort shall be made to contact the owner. (Code 1971, 2-211)

2-212. REDEEMING DOGS. A person wishing to redeem an impounded dog shall pay to the city clerk a $25 redemption fee prior to the release of the dog. When the owner of an impounded dog presents the pound keeper with the tag and receipt from the city showing such charges have been paid, the dog shall be released to him or her. In the event the impounded dog is nonlicensed or has not been vaccinated as required by section 2-204, before the pound keeper shall release the dog to the owner or keeper, such owner or keeper shall post a $10 deposit with the city clerk. Subsequent to being released, the dog must be given immunization as required by this article within a seven day period or the deposit shall be forfeited. The deposit shall be returned to the owner or keeper upon presenting evidence of compliance with this section. (Code 1971, 2-212; Code 1983)

2-213. BREAKING POUND. It shall be unlawful for any person to break open, aid or assist, counsel or advise the breaking open of the city pound or to take, or to let out, or to attempt to take or let out any dog placed therein by a police officer except by authority of a city police officer or the city clerk. (Code 1971, 1-213)

2-214. MUZZLING DOGS: MAYOR'S PROCLAMATION. The mayor is hereby authorized, when danger from rabid dogs is imminent, to issue a proclamation ordering all persons owning or harboring any dogs in this city to muzzle or confine the same in an enclosure from which the dog cannot escape, or fasten such dog securely on the premises where the owner or harborer may reside for such time designated in the proclamation. Any dog suspected of having rabies shall be impounded for a period of at least ten days on the premises of the owner or impounded elsewhere at the owner's expense to determine if the dog is suffering from rabies and any dog afflicted shall be immediately killed. (Code 1971, 2-214)

2-215. NOISY ANIMALS. It shall be unlawful for any person to keep, own, or harbor, within the city, any animal which is in the habit of excessive barking, howling, crowing, meowing, screeching, braying, or crying by day or night, disturbing the peace and quiet of any person, family, or neighborhood within the city. "Animal" as used herein shall include, but not be limited to, any horses, cattle, swine, goats, sheep, chinchillas, rabbits, fowl, cats and dogs.

2-216. VICIOUS DOGS. It shall be unlawful for any person within the city to keep, own or harbor any cross or vicious dog, or any dog which has been known to bite, chase or run after any person or animal within the city, unless such person shall keep such dog muzzled with a good or sufficient wire muzzle, or securely fastened and tied so that he cannot reach any person to do him damage, or shall keep the dog in an enclosure securely fenced so that the dog cannot escape therefrom and posting a sign warning the public of the vicious dog. The owner or harborer of such vicious dog who shall permit such dog to run at large without being muzzled shall be deemed guilty of a misdemeanor. It shall be the duty of any city police officer to forthwith dispose of any such vicious dog, without further notice, and it shall be lawful for any person to kill such dog, whenever in danger of being bitten thereby or whenever the owner or harborer thereof shall fail immediately to confine or muzzle the same, upon being warned or requested to do so. (Code 1971, 2-216)

2-217. DOG FIGHTING. It shall be unlawful for any person, by words, signs or otherwise, to set any dog or dogs to fighting, or attack any other dog or to aid or abet, or encourage any dog fight. It shall be unlawful for anyone being the owner, keeper or harborer of any dog, to knowingly permit such dog to fight, without endeavoring to prevent the same by words, signs or otherwise; to set on or encourage any dog to attack or chase any animal, or to attack or chase any human being not engaged in malicious or criminal acts. (Code 1971, 2-217)

2-218. DOGS AT LARGE PROHIBITED: WHEN. It shall be unlawful for the owner, harborer or keeper of any dog to permit or allow such dog to run at large within the city at any time from January 1 through December 31 of any year, whether tagged or not tagged, and the owner, keeper or harborer of any dog shall keep such securely confined on the premises of such owner, keeper or harborer. Any dog securely restrained within a vehicle, or by a leash or chain held or controlled by some person when off the premises of the owner, harborer or keeper, shall not be deemed to be running at large within the meaning of this section. (Code 1971, 2-218)

2-219. TRESPASSING DOGS. Each and every dog which trespasses upon and does injury to public or private property of any person other than the owner, keeper or harborer of such, is hereby declared a nuisance. Each such dog shall be subject to be impounded as provided in this article. Any person owning, harboring or keeping a trespassing dog declared to be a public nuisance hereunder shall be subject to the penalty provisions of section 1-115 of this code. (Code 1971, 2-219)

2-220. POUND FEES. A daily charge of $2.50 will be assessed against the owner or keeper of each animal kept in the city pound. All charges collected pursuant to this section shall go to the city general operating fund. (Code 1983)

2-221. DOG BITES: QUARANTINE. Whenever any dog has bitten a person, it shall be the duty of the owner or harborer of such dog, or any police officer of the city, or any other person having knowledge of such incident to report the same to the city health officer. The health officer shall order that the dog be quarantined on the owner's premises or impounded elsewhere at the owner's expense for a period of not less than ten days and until such time as the health officer finds that such dog shows no evidence of having rabies. If it is determined that such dog is suffering from rabies, it shall be forthwith destroyed; otherwise it shall be released from quarantine. (Code 1971, 2-220)

2-222. CATS AT LARGE, PROHIBITED. (a) It shall be unlawful for the owner, harborer or keeper of any cat to permit or allow such cat to run at large within the city at any time. The owner, keeper or harborer of any cat shall keep such cat securely confined on the premises of such owner, keeper or harborer. Cats found running at large shall be trapped in a humane manner and disposed of if not claimed within five days.

(b) No person shall keep or harbor more than six cats upon the premises of such owner, harborer or keeper. (Code 1971, 2-221; Code 1983)

2-223. UNLAWFUL ACTS; CRUELTY TO ANIMALS. Cruelty to animals is any of the following acts:

Intentional killing, injuring, maiming, torturing or mutilating an animal; or

Having physical custody of an animal and acting or failing to act when the act or failure to act causes or permits pain or suffering to such animal; or

Abandoning or leaving any animal in any place without making provisions for its proper care; or

Having physical custody of any animal and failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care is needed for the health or well-being of such kind of animal; or

Willfully or maliciously administering or causing to be administered poison, of any kind whatsoever to any dog, cat or other domestic animal. (Code 1983)

2-224. INJURY TO DOMESTIC ANIMALS. No person shall willfully and maliciously (a) administer any poison to any domestic animal; (b) expose any poisonous substance with the intent that the same shall be taken or swallowed by any domestic animal; or (c) kill, maim, or wound any domestic animal of another without the consent of the owner. This section shall not apply to any person exposing poison upon their premises for the purpose of destroying wolves, coyotes, or other predatory animals, nor shall it apply to any licensed veterinarian who administers any such substance in the practice of veterinarian profession, nor to a law enforcement officer while engaged in the performance of his or her duties. (Code 1983)

2-225. GENERAL. (a) Persons who own or harbor cats, dogs, or other pets must not violate any zoning law, or any other law of the State of Kansas, or of the city, or maintain such pets in a manner detrimental to the health, safety, or peace of mind of any person residing in the immediate vicinity, including, but not limited to excessive noise (such as barking), and offensive odors.

(b) The animal control officer of the City and law enforcement officers of the City are authorized and directed to enforce state statutes dealing with cruelty to animals, such as but not limited to K.S.A. 21-4310, et seq. (Ord. 682, Sec. 2)

Pit Bull Ordinance

(First published in the Hugoton Hermes, February 10, 2005)

(PIT BULL ORDINANCE)

ORDINANCE NO. 720

AN ORDINANCE PROHIBITING OR REGULATING THE OWNING OR KEEPING OF DANGEROUS ANIMALS INCLUDING PIT BULL DOGS PROVIDING FOR PERMITS FOR CERTAIN DANGEROUS ANIMALS, AND PROVIDING PENALTIES FOR VIOLATIONS.

Be it Ordained by the Governing Body of the City of Hugoton, Kansas:

    SECTION 1.  DEFINITIONS.  For purposed of this ordinance, the following definitions shall apply:

    A.  "Dangerous animal" means any of the following:

(1)     Any mammal, amphibian, fish, reptile, or fowl of a species which due to size, vicious nature, or other characteristics would constitute a danger to human life or physical well-being or to animals.

(2)    Any animal having a known disposition or propensity to attack, bite, or injury any person or animal without provocation.  Where the official records of the Animal Control Officer, City Clerk, Police Department, or Clerk of the Municipal Court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that said animal is a dangerous animal.

(3)     Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting.

(4)      Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty and when such animal has the apparent ability to cause injury or harm to such officer.

(5)    Any pit bull dog.  "Pit bull dog" means any and all the following dogs:  (a) the Staffordshire Bull Terrier breed of dogs; (b)  The American Staffordshire Terrier breed of dogs; (c) The American Pit Bull Terrier breed of dog;  (d) any other breed commonly known as Pit Bull, Pit Bull Dog or Pit Bull Terrier; or   (e) Dogs which have the appearance and characteristics of being predominately of the breeds of dogs known as the Staffordshire Bull Terrier, the American Staffordshire Terrier, or the American Pit Bull Terrier.

The registration of a dog at any time in any jurisdiction as any of the dogs listed above shall constitute prima facie evidence the animal is a pit bull dog.

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

    C.  "Own" or "keep" means to own, keep, harbor, control, manage, possess, maintain, or have charge or custody of or provide care for.

    D.  "Owner" or "Keeper" means any person who owns or keeps a dangerous animal.

     E.  "Registered pit bull dog" means a pit bull dog for which a permit has been properly obtained within thirty days of the effective date of this ordinance and in accordance with Section 5.

    SECTION 2:  PROHIBITION.  Except as provided in Section 3 and 4, no person shall own or keep any dangerous animal in the City of Hugoton.

     SECTION 3:  EXCEPTIONS.  Any person who meets any of the following exceptions shall be permitted to own or keep an animal described in Section1 provided that such person has first properly obtained a permit for the animal as provided in Section 5 and provided that an owner or keeper of a pit bull dog shall also be required to comply with all licensing and vaccination requirements imposed by other ordinances for dogs.

    A.    The keeping of such animal in zoos, bona fide education or medical institute , museum, or any other place where they are kept as live specimens for the public to view or for the purpose of instruction or study.

    B.  The keeping of such animal for exhibition to the public by a circus, carnival, or other exhibit or show.

    C.  The keeping of such animal in a bona fide, licensed veterinary hospital for treatment.

    D.  Commercial  establishments possessing such animal for the purpose of sale or display.

    E.  The owning or keeping of a registered pit bull dog subjects to the following requirements

(1) Leash.  No person shall permit a registered pit bull dog 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 put bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless an adult person is in physical control of the leash.  Such  dogs may not be leashed to inanimate objects such as trees, posts, or building.

(2)  Muzzle. No person shall permit a registered pit bulldog to go outside it kennel or pen unless such animal is securely muzzled by a muzzling devise sufficient to prevent such animal from biting persons or other animals.

(3)  Confinement.  All registered pit bull dogs shall be securely confined indoors or, if outdoors, in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided.  Such pen or kennel shall 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 lock or combination lock when such animal s 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 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 clean and sanitary condition.

(4)  Confinement Indoors.  No pit bull dog may be kept on a porch, patio, or any part of a house or structure or in any manner that would allow the dog 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 dog from exiting the structure.

(5)  SIgns.  All owners or keepers of registered pit bull dogs with in the City shall within thirty days of the effective date of this ordinance display in a prominent place on their premises a sign easily  readable by the public using the words "Beware of Dog."  In addition, a similar sign shall be posted on the kennel or pen of such animal.

(6) Special Collar. All registered pit bull dogs shall be required to wear a bright orange collar at all times when not confined indoors. The collar shall be visibly on the dogs when  it is in a kennel or pen or on a leash.

(7) Microchipping.  All registered pit bull dogs shall have an identification microchip implanted.  Such microchipping shall be accomplished by a licensed veterinarian.

(8)  Reporting Requirements.  All owners or keepers of registered pit bull dogs must within ten days of any of the following incidents in writing to the City Clerk as required hereinafter.

    (a)  The removal from the City or death of a registered pit bull dog;

    (b)  The birth of offspring to a registered pit bull dog; or

    (c)  The move of the owner or keeper or the move of a registered pit bull dog to a new location within the City limits.  In such case, the new address of the registered pit bull dog and that of the owner or keeper shall also be reported to the City Clerk.

(9) Offspring.  All offspring born or registered pit bull dogs must be removed from the City within six weeks of the birth of such offspring.

SECTION 4.  EXEMPTIONS.  The prohibition of Section 2 shall not apply to:

A.      The  transportation of dangerous animals through the City when the person transporting such animal has taken adequate safeguards to protect the public and has notified Chief of Police of the proposed route of transportation and the time thereof; or

B.      The keeping of any dangerous animal by the City or its designees in the enforcement of this Ordinance.

SECTION 5.  SPECIAL PERMIT REQUIRED.  A special annual permit shall be required for owning or keeping any pit bull dog eligible for exceptions under Section3, E.  Permits shall be issued only to adults and only to the person who is the owner or keeper of the animal.  Permits shall be granted according to the following procedures:

A.    An initial application for a pit bull dog permit pursuant to this ordinance shall be made to the City Clerk no later than thirty days following the effective date of this ordinance.  A permit shall be valid for twelve months. An application for a permit shall be made for each twelve-month period thereafter and shall be made prior to the expiration of the previous twelve-month period.  Applications shall be made on a form provided by the City.  No permit shall be granted to any owner or keeper of a pit bull dog who has not properly obtained a permit with thirty days following the effective date of this ordinance.

B    The application shall contain the following information: (1) The name, address, and telephone number of the applicant.     (2)  A statement that the applicant is the owner or the keeper of the animal    (3)  The name, address, and telephone number of any other owner or keeper of the animal.     (4)  The address of the location where the animal will be kept.    (5)  A general description of the animal for which the permit is sought.    (6)  An acknowledgement of receipt of a copy of this ordinance.  (7)  A signature by each owner or keeper of the animal.

C.  The application shall be accompanied by:

(1)      Proof of public liability insurance in a single incident amount of $100,000.00 for bodily injury to or death of any person or persons or for damages to property owned by any persons which may result from owning or keeping a  pit bull dog.  At the time of the initial application,  the owner or keeper must show proof  to the City Clerk of the required insurance.  At the time of any subsequent application, the owner or keeper must show proof of insurance for the present application period and proof that there was insurance for the present application period and proof that there was insurance coverage throughout the period of the previous year.  In the event said liability insurance is cancelled, lapsed, or for any other reason becomes non-enforceable, the owner or keeper shall be in violation of the provisions of this ordinance.

(2)    Two identical color photographs of the animal taken within the previous thirty days clearly showing the color and approximate size of the animal.

(3)    Proof of microchipping.

(4)     A photo identification for each owner or keeper of the animal.

D.    Annual permit fee shall be $50.00 for each pit bulldog.  Permit fees are not refundable.

    SECTION 6.  SALE OR TRANSFER PROHIBITED.  No person shall sell, give, or in any other way transfer a pit bull dog to any person within the City limits.

    SECTION 7.  FAILURE TO COMPLY. It shall be unlawful for the owner or keeper of any dangerous animal to fail to comply with the requirements and conditions of this ordinance.

    SECTION 8.  NOTICE OF VIOLATION.  When the Animal Control Officer has knowledge of a possible violation of this ordinance, the Animal Control Officer shall forthwith cause the matter to be investigated.  If after investigation there are reasonable ground to believe there has been a violation of this ordinance,  the Animal Control Officer shall forthwith deliver written notice to the owner or keeper of the animal that is the subject of the violation requiring such person to safely remove said animal from the City within five days of the date of said notice.  Such owner or keeper shall remove said animal from the City within the required time.  Such a notice shall not be required when a dangerous animal has caused serious physical harm or death to any person or has escaped and it at large in which case the Animal Control Officer  shall cause said animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person or animal.

    SECTION 9.  SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS.    The Animal Control Officer, with the approval of the Chief of Police, shall forthwith caused to be seized and impounded any dangerous animal when the owner or keeper of such animal has failed to comply with the notice sent pursuant to Section 8.  Upon seizure and impoundment, the Animal Control Officer shall cause a complaint to be filed in the municipal court against the owner or keeper of the subject animal and said animal shall be delivered to a place of confinement approved by the Chief of Police and kept until further order of the municipal court.

    SECTION 10.  APPEALS

A.      Any person aggrieved by any of the following decisions, rulings, actions, or findings of the City may, within ten days thereafter, file a written notice of appeal from said decision, ruling, action, or finding to the Hugoton Municipal Court for an administrative hearing thereon:

(1)  The determination that an animal is a dangerous animal;

(2) The denial of a permit; or

(3) The revocation of a permit.

B.     An administrative fee of $10.00 shall be paid to the Municipal Court Clerk for each appeal to the Municipal Court.  No appeal shall be set for hearing until such fee has been paid.

C.    The filing of an appeal under this subsection shall not stay any action taken pursuant to this ordinance.

D.    The hearing on the appeal shall be conducted by the judge of Hugoton Municipal Court who shall act as an administrative judge for this purpose of this ordinance.  The sole issue for determination shall be whether the decisions, rulings, actions, or findings of the Animal Control Officer and/or the City Clerk were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature.  The Court shall make specific findings of fact and conclusions of law in each case.

E.    Pursuant to its role as administrative judge, the court is empowered to hold hearings, subpoena witnesses, take testimony, and require the production of any evidence relating to any matter being heard.  In the case the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which  he or she may be lawfully questioned, the court may order such person to comply with such subpoena and testify.

F.    Any aggrieved party may appeal the decision and findings of the Hugoton Municipal Court judge pursuant to K. S. A. 60-2101 (d).  However the filing of such an appeal under this subsection shall not stay any action taken pursuant to this ordinance.

    SECTION 11.  VIOLATIONS AND PENALTIES.    Any person violating any provisions of this ordinance shall upon conviction be subject to a fine of not less than $100 and not more than $500.00.  In additions to the fine imposed, the court may sentence the defendant to imprisonment in jail for a period not to exceed 30 days.  In addition, the court shall order the revocation of any permit for the subject animal and shall order the removal of the animal from the City.  Should the defendant refuse to remove the dog from the City, the court may find  the defendant in contempt and order the immediate impoundment of the animal, or continued impoundment if the animal has already been impounded, as well as destruction of the animal.  Each day that a violation of this ordinance.continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, handling, veterinary care, witness fees, and expenses necessitated by the enforcement of this ordinance.

SECTION 12.  ASSIGNMENT OF DUTIES.  At the discretion of the City Clerk, any of the duties and responsibilities imposed upon the City Clerk pursuant to this ordinance may be assigned in whole or in part to the Chief of Police or the Animal Control Officer.

SECTION 13.  SEVERABILITY.  If any section, subsection, subdivision, paragraph, sentence, clause, phrase, or part thereof of this ordinance or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction such decision shall not effect the validity of the remaining  portions of this ordinance.

SECTION 14.  EFFECTIVE DATE.  This ordinance shall take effect and be in force from and after the 90th date after its publication in the official city newspaper.

Passed by the Council of the city of Hugoton on this 7th day of February, 2005.