CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 3. Dangerous Dogs

As used in this article, “dangerous dog” shall mean and include

(a)   Any dog which is known to its keeper or harborer, or reasonably should be known to its keeper or harborer, to have a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals. It is hereby declared to be the policy of this City that keepers and harborers of dogs that are of a size and breed that allow the animal to be capable of inflicting life threatening injuries upon human beings are held to a very high standard of care regarding their knowledge of such propensity, tendency or disposition as to their animal and to confine and restrict movement of such animals. In determining whether or not a keeper or harborer of such an animal should know reasonably about such propensities, tendencies or dispositions the Municipal Court shall apply a very high standard. The following breeds shall be presumed to be dangerous animals and all provisions shall apply to their care and confinement:

(1)   The Staffordshire Bull Terrier breed of dogs;

(2)   The American Staffordshire Terrier breed of dogs;

(3)   The American Pit Bull Terrier breed of dogs:

(4)   The Rottweiler breed of dogs;

(5)   The Wolf Hybrid or Tundra Shepherd breed of dogs;

(6)   Any dog that has the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire Bull Terrier, American Staffordshire Terrier, American Pit Bull Terrier, Rottweiler, Wolf Hybrid or Tundra Shepherd.

(b)   Any dog kept or harbored primarily, or in part, for the purpose of fighting, or any dog trained for dog fighting; or

(c)   Any dog not owned by a governmental or law enforcement unit that is used by the owner of the dog to primarily guard public or private property.

(Ord. 594A)

It shall be unlawful for any person or legal entity to keep harbor or in any way possess a dangerous dog as defined by this section within the limits of the City of Udall, Kansas.

(Ord. 636; Code 2014; Ord. Ord. 594A)

Any person or legal entity found to be in violation of the provisions of this article, upon conviction, may be fined no less than $100 nor more than $500 for the first conviction and not less than $100 nor more than $1,000 for each subsequent conviction and/or confined for a period of up to six months. In addition to the above penalties the court may prescribed for the violation of this section, if the court finds, after notice to the keeper and harborer and an opportunity for hearing, that such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals; the Court may order such animal destroyed. Should the defendant refuse to remove the dog from the city, the municipal court judge may find the defendant owner in direct contempt of court and may order the immediate confiscation, impoundment and destruction of the animal. Each day that a violation of this article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.

(Ord. 636; Code 2014; Ord. 594A; Code 2025)

(a)   Any violation of this article shall make the dangerous dog involved in the violation subject to impoundment by the Department of Safety. Any dog that is impounded, after a hearing before the Municipal Judge, may be euthanized by order of the Court.

(b)   Any dog impounded under this article which is eligible to be returned to the owner shall be returned to the owner only after payment of boarding fees and other incidental charges incurred during the impoundment of the animal. Failure to pay fees and charges and obtain the release within 48 hours shall make the animal subject to destruction.

(c)   If a dog is impounded under this article as a dog prohibited within the City, the owner shall have 48 hours to remove the dog from the City permanently. Failure to remove the dog shall make the animal subject to destruction.

(Ord. 636; Code 2014; Ord. 594A; Code 2025)