Chapter 2 · Animal Control and Regulation

Article 4. Dangerous Animals

Sections 2-401 to 2-419 · 19 sections

2-401 Definitions.

(a)For the purposes of this Article “dangerous animals” means and includes any mammal, amphibian, reptile or fowl which is wild by nature and of a species which, due to size, vicious nature or other characteristics would constitute a danger to human life, physical well-being, or property, including, but not limited to, lions, tigers, leopards, panthers, bears, raccoons, skunks, wild and exotic cats, any animal having poisonous bites, wolves, apes, gorillas, monkeys of a species whose average adult weight is twenty (20) pounds or more, foxes, elephants, alligators, crocodiles, rats and snakes which are poisonous or otherwise present a risk of a serious physical harm or death to human beings as a result of their nature or physical makeup, including all constrictors, but excluding fowl, ferrets and small rodents or varieties used for laboratory purposes.

(b)Any dog or cat having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a “dangerous animal”. For the purposes of this Article, where the official records of the City Clerk indicate a dog or cat has bitten any person or persons or animal on two (2) or more separate occasions, it shall be prima facie evidence that said dog or cat is a dangerous animal.

(c)“Person” includes any natural person, association, partnership, organization or corporation.

(Prior Code 2016 §200. 280; Ord. 2454; Code 2021)

2-402 Prohibition.

Except as provided in Sections 2-403 and 2-404, no person shall own, keep or harbor any dangerous animal in the City of Paola.

(Prior Code 2016 §200.290; Ord. 2454; Code 2021)

2-403 Exceptions; Permit Required.

(a)Any person or organization which falls in one of the following Subsections shall be allowed to own, harbor or have charge, custody, control, or possession of any animal described in Section 2-401 hereof, provided he/she has first secured a permit under Section 2-407.

(1)The keeping of such animals in zoos, bona fide educational or medical institutions, museums or any other place where they are kept as live specimens for the public to view, or for the purpose of instruction or study.

(2)The keeping of such animals for exhibition to the public of such animals by a circus, carnival or other exhibit or show.

(3)The keeping of such animals in a bona fide, licensed veterinary hospital for treatment.

(4)Commercial establishments possessing such animals for the purpose of sale or display.

(Prior Code 2016 §200.300; Ord. 2454; Code 2021)

2-404 Exemptions.

The provisions of this Article shall not apply to the transportation of such animals through this City, when such transportation has taken adequate safeguards to protect the public and has notified the local Law Enforcement Agency of the proposed route of transportation and the time thereof.

(Prior Code 2016 §200.310; Ord. 2454; Code 2021)

2-405 Notice of Keeping Dangerous Animals.

Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous animal in violation of this Article in the City, the Chief of Police or his/her designated representative or his/her authorized Deputy shall forthwith cause the matter to be investigated; and if after investigation the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such dangerous animal in the City, he/she shall forthwith send written notice to such person requiring such person to safely remove said animal from the City within three (3) days of the date of said notice. Notice as herein provided shall not be required where such dangerous animal has previously caused serious physical harm or death to any person or has escaped and is at large in which case the Chief of Police or his/her designated representative shall cause said animal to be immediately seized and impounded, according to the provisions of Section 2-406, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.

(Prior Code 2016 §200.320; Ord. 2454; Code 2021)

2-406 Seizure and Impounding of Dangerous Animals.

(a)The Chief of Police or his/her designated representative or his/her authorized Deputy shall forthwith cause to be seized and impounded any dangerous animal, where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to Section 2-405. Upon a seizure and impoundment, said animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.

(b)If during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the Chief of Police or his/her designated representative may render said animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then said animal may be killed.

(Prior Code 2016 §200.330; Ord. 2454; Code 2021)

2-407 Permit Required.

(a)No person under Section 2-403 owning, harboring, or having charge, custody, control or possession of any animal described in Section 2-401 hereof, shall allow such animal to remain within the City unless and until he/she has first secured a permit so to do and complies with all terms and conditions of such permit; and, in addition thereto, such animal shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered.

(b)Failure to obtain a permit when required by subsection (a) after written notification by the Chief of Police or his/her designated representative or his/her authorized Deputy shall be adequate grounds for said Officer or Deputy to impound said animal until a permit is obtained. If no permit is obtained within ten (10) days, said animal will be subject to summary destruction.

(Prior Code 2016 §200.340; Ord. 2454; Code 2021)

2-408 Issuance of Permit.

Except as hereinafter provided, no person under Section 2-403 shall keep, maintain, or have in his/her possession or under his/her control within the City any animal described in Section 2-401 hereof without first applying to and receiving a permit from the City Clerk; provided no permit shall be granted except with such conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably ensure the public health, safety and general welfare, and in any event no permit shall be granted for any animal at any particular location except upon an explicit finding by the Chief of Police or his/her designated representative or his/her authorized Deputy that the issuance thereof will not be contrary to the public health, safety and general welfare.

(Prior Code 2016 §200.350; Ord. 2454; Code 2021)

2-409 Application For Permit.

(a)An application for any permit required pursuant to this Article shall be made to the City Clerk in writing and upon a form furnished by the City Clerk. Said application shall be verified by the person who desires to have, keep, maintain or have in his/her possession or under his/her control, in the City, the animal for which a permit is required, and shall set forth the following:

(1)Name, address and telephone number of the applicant.

(2)The applicant’s interest in such animal.

(3)The proposed location, and the name, address, and telephone number of the owner of such location, and of the lessee, if any.

(4)The number and general description of all animals for which the permit is sought.

(5)Any information known to the applicant concerning the vicious or dangerous propensities of all such animals.

(6)The housing arrangements for all such animals with particular details as to safety or structure, locks, and fencing.

(7)Safety precautions proposed to be taken.

(8)Noises or odors anticipated in the keeping of such animals.

(9)Prior history of incidents involving the public health or safety involving any of said animals.

(10)Proof of insurance to cover those who may be injured or killed by said animal.

(11)A statement, signed by the applicant, indemnifying the City and its agents and employees for any and all injuries that may result from said animal.

(12)Any additional information required by the Chief of Police or his/her designated representative at the time of filing such application or thereafter.

(Prior Code 2016 §200.360; Ord. 2454; Code 2021)

2-410 Temporary Permits; Powers of Chief of Police or His/Her Designee.

The Chief of Police or his/her designated representative may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the City of any such animal upon such conditions as he/she shall, in his/her sole discretion, require when, in his/her opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare, but no such animal shall be otherwise kept or maintained within this City or permitted to occupy any premises within this City except while such a regular or temporary permit is in full force and effect; provided however, that any Law Enforcement Officer or the Chief of Police or his/her designated representative, or his/her authorized deputy, shall take possession of any animal described under 2-401 for which a permit has not been issued and keep the same until the proper permit has been secured by the owner or keeper thereof and shall release the same to the owner or keeper when all fees and costs have been paid and all laws and permit conditions complied with.

(Prior Code 2016 §200.370; Ord. 2454; Code 2021)

2-411 Term and Renewal of Permits.

No permit required by this article shall be granted for a period in excess of one (1) year. An application for renewal of any permit shall be made not less than forty-five (45) days prior to the expiration thereof.

(Prior Code 2016 §200.380; Ord. 2454; Code 2021)

2-412 Inspections For Renewal.

Prior to the annual renewal of any permit issued hereunder and at least once not more than six (6) months after the issuance of any such permit or after its renewal, the Chief of Police or his/her designated representative or his/her designated representative shall inspect the premises subject to such permit to determine whether the person to whom it has been issued is continuing to comply with all of the conditions specified in this Article. If the Chief of Police or his/her designated representative determines during any such inspection that any of the conditions therein specified are being violated, he/she shall recommend denial of a renewal of any such permit, or he/she shall recommend revocation of such permit in the event that such violation is not corrected within such period of time as he/she shall direct.

(Prior Code 2016 §200.390; Ord. 2454; Code 2021)

2-413 Revocation of Permits.

The City Clerk, upon recommendation of the Chief of Police or his/her designated representative may, for good cause, revoke any permit or modify any terms or provisions thereof and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing, for a period not to exceed thirty (30) days. Failure to comply with any of the provisions of this Article shall be sufficient grounds for revocation.

(Prior Code 2016 §200.400; Ord. 2454; Code 2021)

2-414 Commercial Establishments.

(a)Commercial establishments possessing such animals for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in excess of the number thereof allowed by the terms of such permit. Such establishments, may, in the discretion of the Chief of Police or his/her designated representative, be granted a permit for those such numbers of each kind of animal as do not exceed the maximum number such establishment estimates will be maintained by it in this City at any one time during the period of the permit. Such permit shall require the immediate notification of the Chief of Police or his/her designated representative upon the acquisition of any animal having a prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage.

(b)Upon the sale of any dangerous animal, said commercial establishment shall immediately send notification of said sale along with the name and address of the buyer, the method of transporting the animal, the path of travel of such transportation, and the destination to the Chief of Police or his/her designated representative.

(Prior Code 2016 §200.410; Ord. 2454; Code 2021)

2-415 Appeals; Fees.

(a)Any person aggrieved by or dissatisfied with any of the following decisions, rulings, actions or findings may, within ten (10) days thereafter, file a written notice or statement of appeal from said decision, ruling, action or finding to the City of Paola Municipal Court for an administrative hearing thereon.

(1)The determination that an animal is dangerous under Sections 2-401;

(2)The denial of a permit under Section 2-408;

(3)The denial of a renewal of a previously issued permit under Section 2-412;

(4)The revocation of a previously issued permit under Section 2-413;

(5)The temporary suspension of any permit or portion thereof under Section 2-413;

(b)An administrative fee of ten dollars ($10.00) shall be paid to the Municipal Court Clerk and is required for each appeal to the Municipal Court, and no appeal shall be set for hearing until such fee has been paid.

(c)The filing of an appeal under this Section shall not stay any action taken pursuant to this Article.

(Prior Code 2016 §200.420; Ord. 2454; Code 2021)

2-416 Appeals; Administrative Hearing.

The hearing on the appeal provided for in Section 2-415 shall be conducted by a City of Paola Municipal Court Judge who will sit as an administrative judge for purposes of this Article. The sole issue for determination shall be whether decisions, rulings, actions, or findings of the Chief of Police or his/her designated representative and/or the City Clerk were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature. The court shall make specific findings of fact and conclusions of law in each case.

(Prior Code 2016 §200.430; Ord. 2454; Code 2021)

2-417 Subpoena Power.

Pursuant to its role as Administrative Judge, the court is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he/she may be lawfully questioned, the court may order such person to comply with such subpoena and testify; and failure to obey the court’s order may be punished by the Court as contempt.

(Prior Code 2016 §200.440; Ord. 2454; Code 2021)

2-418 Appeal; District Court.

Any aggrieved party may appeal the decisions and findings of the City of Paola Municipal Court Judge pursuant to K.S.A. 60-2101(d), as amended. However, the filing of an appeal under this Section shall not stay any action taken pursuant to this Article.

(Prior Code 2016 §200.450; Ord. 2454; Code 2021)

2-419 Costs To Be Paid By Responsible Persons.

Any reasonable costs incurred by the Chief of Police or his/her designated representative in seizing, impounding, confining or disposing of any dangerous or wild animal shall be charged against the owner, keeper, or harborer of such animal.

(Prior Code 2016 §200.460; Ord. 2454; Code 2021)