(a)   It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.

(b)   It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the city any of the following animals:

(1)   All poisonous animals including rear-fang snakes.

(2)   Apes: Chimpanzees; gibbons; gorillas, orangutans; and siamangs.

(3)   Baboons.

(4)   Badgers.

(5)   Bears.

(6)   Bison.

(7)   Bobcats.

(8)   Cheetahs.

(9)   Crocodilians, 30 inches in length or more.

(10) Constrictor snakes, six feet in length or more.

(11) Coyotes.

(12) Deer; includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.

(13) Elephants.

(14) Game cocks and other fighting birds.

(15) Hippopotami.

(16) Hyenas.

(17) Jaguars.

(18) Leopards.

(19) Lions.

(20) Lynxes.

(21) Monkeys.

(22) Ostriches.

(23) Pumas; also known as cougars, mountain lions and panthers.

(24) Raccoons.

(25) Rhinoceroses.

(26) Skunks.

(27) Tigers.

(28) Wolves.

(29) Vietnamese Pot Bellied Pigs.

(30) Opossum.

(31) Squirrels.

(32) Camels.

(33) Llamas.

(34) Alpacas

(35) Pit Bull Type Dogs

(c)   The prohibitions of this section shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions, or medical institutions, if:

(1)   Their location conforms to the provisions of the zoning ordinance of the city.

(2)   All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

(3)   Animals are maintained in quarters so constructed as to prevent their escape.

(d)   The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or removed from the city.

(Code 2007)

Whereas the Supreme Court of the State of Kansas has determined that certain dog “types”, commonly known as “Pit Bulls” represent a unique public health hazard not presented by other breeds or mixes of breeds, and that they possess both the capacity for extraordinarily savage behavior and physical capability in excess of those possessed by many other breeds or mixes of dogs and finally, have an unpredictable nature, the City of Ozawkie prohibits the ownership of said dogs in the corporate limits of the City.

(Code 2007)

(a)   There shall be a rebuttable presumption that a “pit bull type dog” is a vicious animal as described in section 2-113.

(b)   The following breeds or mixes of breeds shall fall under the purview of this chapter:

(1)   The bull terrier.

(2)   The Staffordshire bull terrier.

(3)   The American pit bull terrier.

(4)   The American Staffordshire terrier.

(5)   Dogs of mixed breed or of other breeds other than those above listed, which breed or mixed breed is commonly known as pit bull dogs or pit bull terriers.

(Code 2007)

It shall be unlawful for any person to keep, harbor, or own or in any way possess any vicious dog or any dog with a “rebuttable presumption of viciousness”.

(Code 2007)

(a)   The owner of any dog with a “rebuttable presumption of viciousness” or any dog that has been “declared vicious”, by “competent authority”, shall have and maintain a policy of liability insurance in an amount of not less than (See Section 1-118) per incident, insuring said person against any claim, loss, damage or injury to any human or to the property of others, including other animals, resulting from the acts of such dog.

(b)   Such person shall produce evidence of the required insurance upon request of a law enforcement officer, animal control officer, public health officer, Jefferson County Humane Society officer or the “Designated Representative” from the City of Ozawkie.  This section shall not apply to dogs kept by Law Enforcement Agencies.

(Code 2007)

(a)   Any public health officer, law enforcement officer, or licensed veterinarian or any officer or agent of a duly incorporated humane society, may take into custody any dog exhibiting vicious behavior or in compliance with the order of the County Court.  When a law enforcement agency takes custody of such dog, the agency may place the dog in the care of a duly incorporated humane society or licensed veterinarian for boarding, treatment or such other care as deemed necessary.

(b)   Any vicious dog may be ordered by the appropriate court, destroyed, in a humane manner when, in the court’s judgment, such vicious dog represents a continuing threat of harm to human beings.  If the court does not order destruction of the dog, the City of Ozawkie may allow the owner or custodian thereof no more than forty-eight (48) hours to remove the dog from the city limits of the City of Ozawkie, Kansas.

(c)   Failure to remove such dog within the time allowed shall constitute a separate violation of this provision.

(d)   Any person who violates this article shall be assessed, as costs, all expenses for the care, treatment, boarding or other expenses necessitated by the seizure of any dog for the protection of the public, including all expenses for the humane destruction of such dog.

(Code 2007)