Full Ordinance Name:  Pittsburg, Kansas, Code of Ordinances. CITY CODE. Chapter 10 - ANIMALS. ARTICLE III. - DOGS. DIVISION 2. - PIT BULLS.

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Primary Citation:  PITTSBURGH, KS., CITY CODE §§ 10-101 - 10-108 (2011) Date Adopted:  2011 Jurisdiction Level:  Kansas Last Checked (local ordinances are no longer checked and are kept only for archival and example purposes):  June, 2012
Summary:

In Pittsburgh, Kansas, it is unlawful to keep, harbor, own or possess a pit bull dog, except that dogs located within the City on the effective date may be kept upon strict compliance with the requirements. These requirements include proper registration, the use of a leash and muzzle unless confined, "Beware of Dog" sign, liability insurance of $50,000, and identification photographs.  Any dog found to be in violation shall be seized and impounded. A violation may result in the removal of the dog, including payments for the dog’s care.

Sec. 10-101 . - Definitions.

Sec. 10-102 . - Violations and penalties.

Sec. 10-103 . - Failure to comply.

Sec. 10-104 . - Irrebuttable presumptions.

Sec. 10-105 . - Keeping, harboring, owning or possession unlawful.

Sec. 10-106 . - Standards and requirements.

Sec. 10-107 . - Sale or transfer of ownership.

Sec. 10-108 . - Animals born of registered dogs.



Sec. 10-101. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Pit bulls means:

(1) The bull terrier breed of dog;

(2) Staffordshire bull terrier breed of dog;

(3) The American pit bull terrier breed of dog;

(4) The American Staffordshire terrier breed of dog;

(5) Dogs of mixed breed or of other breeds than listed in this definition which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers; and

(6) Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; and any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.

(Code 1975, § 3-501)
Cross reference— Definitions generally, § 1-2

Sec. 10-102. - Violations and penalties.

Any person violating or permitting the violation of any provision of this division shall, upon conviction, be guilty of an offense. The court may order 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 in contempt and order the immediate confiscation and impoundment of the animal. In addition to such penalties, any person who violates this division shall pay all expenses, including sums for shelter, food, handling, veterinary care, and expert testimony, which are necessitated by the person's failure to abide by the provisions of this division.
(Code 1975, § 3-508)

Sec. 10-103. - Failure to comply.

It shall be unlawful for the owner, keeper, harborer or possessor of a pit bull dog within the City to fail to comply with the provisions of this division. Any dog found to be the subject of a violation of this division shall be subject to immediate seizure and 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.
(Code 1975, § 3-507)

Sec. 10-104. - Irrebuttable presumptions.

There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds defined is in fact a dog subject to the requirements of this division.
(Code 1975, § 3-506)

Sec. 10-105. - Keeping, harboring, owning or possession unlawful.

It shall be unlawful to keep, harbor, own or in any way possess a pit bull dog within the City limits, except that pit bull dogs located within the City on the effective date of the ordinance from which this division is derived may be kept within the City upon strict compliance with the standards and requirements set forth in Section 10-106.
(Code 1975, § 3-502)

Sec. 10-106. - Standards and requirements.

The following standards and requirements shall apply to pit bull dogs located within the City limits upon the effective date of the ordinance from which this division is derived.

(1) Registration. Within ten days of the effective date of this Section each owner, keeper, harborer, or possessor of a pit bull dog shall register such dog with the City Clerk.

(2) 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 leashed 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 of suitable age and discretion is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, building or structures. 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.

(3) Confinement. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in subsection (2) of this Section. 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 combination lock when such animals are within the structure, and the structure must have a secure 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 ordinances and regulations of the City and shall be adequately lighted and ventilated and kept in a 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 that would allow the dog to exit such building on its own volition. In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.

(5) Signs. All owners, keepers, harborers, or possessors of pit bull dogs within the City shall within ten days of the effective date of this Section 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 is required to be posted on the kennel or pen of such animal.

(6) Insurance. All owners, keepers, harborers or possessors of pit bull dogs must within 20 days of the effective date of this Section provide proof to the City Clerk of public liability insurance in a single incident amount of $50,000.00 for bodily injury to or death of any persons which may result from the owning, possessing, keeping or maintaining of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten days' written notice is first given to the City Clerk.

(7) Identification photographs. All owners, keepers, possessors or harborers of pit bull dogs must within 20 days of the effective date of this Section provide to the City Clerk two color photographs of the dog clearly showing the color and approximate size of the animal.

(8) Reporting requirements. All owners, keepers, possessors, or harborers of pit bull dogs must, within ten days of the incident, report the following information in writing to the City Clerk as required:

a. The removal from the City or death of a pit bull dog;

b. The birth of offspring of a pit bull dog;

c. The new address of a pit bull dog owner should the owner move within the corporate City limits.

(Code 1975, § 3-503)

Sec. 10-107. - Sale or transfer of ownership.

No person shall sell, barter or in any other way transfer possession of a pit bull dog to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the owner of such dog; provided, however, that the owner of a pit bull dog may sell or otherwise dispose of a pit bull dog or the offspring of such dog to persons who do not reside within the City.
(Code 1975, § 3-504)

Sec. 10-108. - Animals born of registered dogs.

All offspring born of pit bull dogs within the City must be removed from the City within six weeks of the birth of such animal.
(Code 1975, § 3-505)

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