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Mayor: John Johnson
Chief of Police: Matthew M. Cox
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Impounding Dogs - Ordinance No. 1069

AN ORDINANCE RELATING TO THE KEEPING, IMPOUNDING, AND DESTRUCTIION OF DOGS AND PROVIDING A PENALTY FOR THE VIOLATION.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:

Section 1. Harborer Defined. Any person who allows any dog to habitually remain, lodge or be fed within his or her home, yard, enclosure , or any other premises within the City of Eastborough shall be considered as keeping and harboring such dog within the meaning of this ordinance.

Section 2.

The owner, keeper, or harborer of any dog shall conform to the following rules and requirements:

  1. Said person shall not allow their dog to trespass upon or injure property of others, and each and every dog which trespasses upon and does injury to public property or private property is declared to be a nuisance, and subject to being impounded. Further, said person who shall permit their dog to injure the property of others or the public property shall be subject to the penalties hereinafter described, and shall further be liable for all damage caused by such unlawful trespass.
  2. Neither a dangerous or vicious dog, nor a dog which by loud, frequent, or habitual barking, howling, or yelping disturbs any person or neighborhood, shall be kept or harbored within the corporate limits of the City of Eastborough.
  3. Any person owning, harboring, or keeping a dog which has in the preceding seventy-two (72) hours bitten any person or animal shall surrender such dog to any police officer or pound keeper designated by the Chief of Police and such dog shall be impounded and kept in a separate kennel for a period of ten (10) days, during which time it shall be determined whether or not such dog is suffering from any disease. If it is determined that such dog is diseased, and by such disease is dangerous to persons or other animals, the owner, keeper, or harborer of such dog shall be notified, and thereafter the dog shall be destroyed. If it is determined that such a dog is not so diseased, the owner, keeper, or harborer of such dog shall be notified of such fact and the pound keeper, shall, upon demand, release such dog to the owner or person lawfully entitled thereto, upon the payment of the charge for the care and examination of said dog during the period in which it is impounded. If the owner, keeper, or harborer of such dog fails to appear and request the release of such dog and pay said charges within ten (10) days after notice, the dog may be sold or destroyed by the pound keeper.

Section 3. Impounding.

The Chief of Police of the City of Eastborough is hereby authorized to appoint some suitable person to enforce the provisions of this ordinance by impounding and destroying, if necessary under this act, every dog owned by any owner, keeper, or harborer acting in violation of the terms hereof.

Section 4.

Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon first conviction shall be punished by a fine not exceeding $100. Conviction of second and subsequent violations shall be punished by a fine not to exceed. $500.

Section 5.

  1. If the judge of the City of Eastborough finds that a dog is dangerous or vicious, the same shall be immediately impounded by a police officer or a pound keeper designated by the Chief of Police and shall not again be brought within the City of Eastborough. The owner of said dog shall be given ten (10) days to remove said dog from the pound keeper but shall not return said dog to the City of Eastborough. If the owner, keeper, or harborer of such dog does not secure the release of said dog within ten (10) days, paying all expenses incurred by the pound keeper, then said dog shall be sold or destroyed by the pound keeper.
  2. In determining whether or not a dog is dangerous and vicious under Section 5 (a) above, the judge shall consider that any dog which has bitten two or more people on two or more occasions is dangerous and vicious, and in such case, the burden of proving that the dog is not dangerous or vicious shall be on the owner, keeper, and harborer thereof. A dog may be adjudged to be a dangerous or vicious dog even though it has not bitten two or more persons on two or more occasions.

Section 6.

Should any court declare any sentence, clause, or section of this ordinance for any reason void, such declaration shall not affect the remainder of the ordinance.

Section 7.

That Ordinance #970 be and the same is repealed.

Section 8.

This ordinance shall take effect upon its passage and publication once in the official paper.

Passed and adopted this 28th day of March, 1995.