Dangerous Dog, as used in this Article, shall mean:

(a)      Any dog with a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten the safety of human beings or domestic animals; or

(b)     Any dog which, in a vicious or threatening manner, approaches any person with apparent intent to attack the person while on the streets, sidewalks, or any public grounds or places; or on private property; or

(c)      Any dog which attacks or bites, or has attacked or bitten a human being or domestic animal; or

(d)     Any dog owned or harbored, primarily or in part, for the purpose of dog fighting, or any dog trained for dog fighting.

(e)      Notwithstanding the definition of a dangerous dog in Article 1, no dog may be declared dangerous if any injury or damage is sustained by a person or animal who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime.

(f)      No dog may be declared dangerous if an injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog.  No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(g)      Nothing in this Article shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies.

(Ord. 1214)

Enclosure shall mean a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog.  An enclosure shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure.  An enclosure shall have a secure top suitable to confine a dangerous dog.  If such enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than one (1) foot.

(Ord. 1214)

(a)      In the event that an animal control officer or a law enforcement officer has probably cause to believe that a dog is dangerous, as defined by Section 2-301, the municipal judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by Section 2-301.  The animal control officer or law enforcement officer may order the dog to be impounded at a licensed veterinary clinic or the Lawrence Humane Society pending the determination of whether the dog is dangerous.  The owner or keeper of the dog shall be liable for the costs of keeping such dog.

(b)     The animal control officer or law enforcement officer shall notify the owner or keeper of the dog that such hearing will be held, at which time evidence will be presented that the dog is dangerous and at which time the owner or keeper of the dog may present evidence to rebut evidence presented by the City and present such other evidence as may be relevant.  The failure of the owner or keeper to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog.  The hearing shall be held promptly within no less than five (5) nor more than twenty (20) days after service of notice upon the owner or keeper of the dog.  The City shall have the burden of proof to show that the dog is dangerous pursuant to Section 2-301. 

(c)      After the hearing, the owner or keeper of the dog shall be notified in writing of the determination.  If a determination is made that the dog is dangerous, the owner or keeper shall comply with the provisions of this Article within fifteen (15) days.  If the owner fails to comply with the provisions of this Article within the time provided, the dog shall be destroyed.  If the owner or keeper of the dog contests the determination, he or she may appeal within ten (10) days to the district court pursuant to law.

(Ord. 1214)

If the municipal court judge determines that a dog is dangerous pursuant to this Article, the owner or keeper of the dangerous dog shall be required to comply with the following:

(a)      Registration.  The owner or keeper shall annually register the dangerous dog with the City, on such forms designated by the City Clerk, and shall have a microchip inserted into the dog by the a veterinarian or the Lawrence Humane Society.  The microchip shall detail the dangerous dog registration and such other information as may be appropriate to determine the ownership of the dog.  The owner or keeper shall pay a $50.00 annual registration fee and shall pay all costs associated with the microchip procedure and registration of the dog. The owner or keeper shall be responsible for maintaining, with the City Clerk, the address of the owner or keeper and of the dangerous dog.  The owner or keeper shall notify the City Clerk within seven (7) days of a change in address for the owner or keeper and of the dangerous dog.

(b)     Confinement.  All dangerous dogs shall be confined in an enclosure.  It shall be unlawful for any owner or keeper to maintain a dangerous dog upon any premises that does not have a locked enclosure.  It shall be unlawful for any owner or keeper to allow a dangerous dog to be outside of the dwelling of the owner or keeper or outside the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the dangerous dog or for the limited purposes of allowing said dangerous dog to urinate or defecate or to sell or give away the dangerous dog or respond to such orders of law enforcement officials as may be required.  In such event, the dangerous dog shall be securely muzzled and restrained with a leash not exceeding four (4) feet in length, and shall be under the direct control and supervision of the owner or keeper 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.

(Ord. 1214)

It shall be unlawful for any person to violate the provisions of this Article.  Any person found guilty of violating the provisions of this Article shall be assessed, fined, and the animal disposed of, as provided below:

(a)      At-Large.  Any dangerous dog that is not confined or registered as required pursuant to this Article shall be impounded by an animal control officer or a law enforcement officer.  In addition to all costs for impoundment, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine.  For a second offense within twenty-four (24) months, in which the dog is not confined or registered as required pursuant to this Section, in addition to all costs for impoundment, the owner or keeper shall pay a Five Hundred Dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog.  The judge shall have no authority to suspend the fine, penalty or any portion thereof.

(b)     Attack on Human.  If any dangerous dog shall attack, assault, wound, bite, or otherwise injure or kill, or assist in such injury or killing, a human being, the owner or keeper shall pay a Five Hundred Dollar ($500.00) fine and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy the dog.  The judge shall have no authority to suspend the fine, penalty or any portion thereof.

(c)      Attack on other animal.  If any dangerous dog shall kill or wound, or assist in killing or wounding, any animal, the owner or keeper shall pay a Two Hundred Fifty Dollar ($250.00) fine, and the animal control officer or law enforcement officer is empowered to impound the dog, and after the expiration of a five (5) day waiting period, exclusive of Sundays and holidays, shall destroy said dog.  The judge shall have no authority to suspend the fine, penalty or any portion thereof.  If the owner or keeper of a dog impounded pursuant to this Section shall believe that there shall not have been a violation of the provisions of this Section, such owner may petition the Municipal Court, on forms approved by the Municipal Judge, praying that the impounded dog not be destroyed.  The impounded dog shall not be destroyed pending the resolution of such owner’s petition if the petition shall have been filed within five (5) days of impoundment of such dog and notice shall have been delivered within five (5) days of the impoundment of such dog to the Humane Society.  The dog shall remain impounded pending the determination of the petition.  If the court shall find that there shall not have been a violation, such dog shall be released to the custody of the owner or keeper upon the payment of the expenses of impoundment by the owner or keeper.

(d)     In addition to the fines provided in this Section, the Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Article to serve up to a maximum of six (6) months in jail. 

(Ord. 1214)

Notwithstanding any other provision of this Article to the contrary and irrespective of whether the dog has been declared dangerous pursuant to this Article, the Municipal Judge may order any dog destroyed if the Judge determines that the dog is an immediate threat to public health and safety and that confinement and registration of the dog by the owner or keeper of the dog as provided in this Article will not adequately protect public health and safety.  No person shall harbor, own, or possess a dog that is an immediate threat to public health and safety.  In making such determination the Judge may consider the severity of any relevant attack and such other relevant information.  The Municipal Judge shall have the authority to sentence the person adjudicated guilty of this Section to serve up to a maximum of six (6) months in jail and to pay a fine not exceed $1,000.00.

(Ord. 1214)

It is unlawful to attach chains or other tethers, restraints or implements directly to a dog without the proper use of a collar, harness, or other device designed for that purpose and made from a material that prevents injury to the animal.  No person shall:

(a)      Continuously picket a dog for more than one continuous hour, except that picketing of the same dog may resume after a hiatus of three continuous hours, for up to three hours total time on a picket per day; provided that for the purpose of picketing a dog, a chain, leash, rope or tether shall be at least ten (10) feet in length; or

(b)     Use a chain, leash, rope, collaring device, tether or any assembly or attachments thereto to picket a dog that shall weigh more than 1/8 of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area picketed; or

(c)      Picket a dog in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees or other man-made or natural obstacles.

(Ord. 1214)