Continuously picket a dog for more than one continuous hour, except that picketing of the same dog may resume after a hiatus o

ORDINANCE NO. 7796

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ENACTING AND AMENDING CERTAIN PORTIONS OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION, AND AMENDMENTS THERETO GOVERNING ANIMALS, INCLUDING PROVISIONS RELATED TO THE TETHERING AND RESTRAINING OF DOGS, PROVISIONS GOVERNING DANGEROUS DOGS, AND PROVISIONS GOVERNING CERTAIN ANIMALS

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

Section 1. Section 3-105.1 of the Code of the City of Lawrence, Kansas, 2003 Edition, is hereby enacted:

3-105.1 PICKETING OF DOGS.

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 picket per day; provided that for the purpose of picketing a dog, a chain, leash, rope or tether shall be at least 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.

This provision shall be supplemental to the cruelty to animals provisions of this Article, Section 3-105 and 3-105A. The enforcement, adjudication and fine provisions of Section 3-105A shall apply to this Section 3-105.1.

Section 2. Section 3-301 of the Code of the City of Lawrence, Kansas, 2003 edition and amendments thereto, is hereby amended to read as follows:

3-301 DEFINITIONS.

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 in apparent attack upon the person while on the streets, sidewalks, or any public grounds or places; or on private property; or

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

Notwithstanding the definition of a dangerous dog above, 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.

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.

Nothing in this Article shall be deemed to regulate or prohibit the lawful maintenance of dogs by law enforcement agencies. (Ord. 7112)

Enclosure means 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. 7112)

Owner means an individual who has lawful title to a dog, including the keeper or harborer of the dog. A parent or legal guardian shall be deemed to be an owner of dogs owned or maintained by children upon their premises. (Ord. 7112)

Section 3. Section 3-104 of the Code of the City of Lawrence, Kansas, 2003 edition and amendments thereto, is hereby amended to read as follows:

3-104 ANIMALS EXCLUDED FROM PROHIBITION.

(A) Animals excluded from prohibition are:

(1) Domestic dogs, except those hybridized with wild canines.

(2) Domestic cats, except those hybridized with wild felines.

(3) Domesticated rodents.

(4) Domesticated European ferrets.

(5) Rabbits, except that no more than three (3) rabbits shall be permitted in a residentially-zoned districts.

(6) Birds, kept indoors as domestic pets, except for species protected by state or federal law.

(7) Nonvenomous snakes less than eight (8) feet in length, except that such snakes shall be required to be maintained on the owner's premises or property.

(8) Nonvenomous lizards.

(9) Turtles, except for species protected by state or federal law.

(10) Amphibians.

(11) Fish.

(12) Invertebrates.

(13) Any animal in the ownership of a veterinary clinic operated by a licensed veterinarian.

(14) Any animal in the ownership of a person designated and licensed as an animal rehabilitator by the Kansas Wildlife and Parks Department.

(15) Any animal in the ownership of a person temporarily transporting such animal through the city.

(16) Any animal in the ownership of a bona fide medical institution or accredited educational institution.

(17) Any animal exhibited for sale, show or other temporary purpose at the Douglas County Fairgrounds.

(18) Any animal temporarily owned by a facility licensed by the Kansas Animal Health Department for the purpose of impounding, sheltering, or caring for animals.

(B) Persons legally owning goats, kids, sheep, rabbits or hares, horses, cows, mules or donkeys one hundred fifty (150) feet away from any building used for human habitation pursuant to Section 3-101 of the 1990 Code prior to December 30, 1992, shall be allowed to continue such use, provided ownership remains with the same person on the same property. Persons legally owning domestic fowl seventy-five (75) feet away from any dwelling other than that of the owner or tenant thereof pursuant to Section 3-105 of the 1990 Code prior to December 30, 1992, shall be allowed to continue such use, provided ownership remains with the same person on the same property. Provided, the City Commission may suspend enforcement of this subsection, or establish reasonable conditions for the enforcement thereof, for property annexed into the City after December 30, 1992.

(C) The Municipal Court Judge may order the confiscation of a prohibited animal if the animal poses an immediate danger to the public or itself. Upon the conviction of a person for owning an animal as prohibited by this Chapter, the Municipal Court Judge shall order the animal confiscated and transferred to an appropriate licensed animal rehabilitation or care facility. The Municipal Court Judge may order the release of the animal to the owner provided that the animal will not be kept within the City limits. (Ord. 6389)

Section 4. This ordinance shall take effect upon publication in the official City newspaper.

Adopted this _________________ day of ___________________, 2004.

PASSED:

__________________________

Mike Rundle, Mayor

ATTEST:

_____________________

Frank S. Reeb, City Clerk