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 3-301 of the Code of the City of Lawrence, Kansas, 2003 Edition, is hereby repealed it being the intent of this ordinance to supersede the repealed Section.

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