(a)   A “vicious” dog as the term is used in this article means:

(1)   Any dog with a propensity, tendency or disposition to attack to cause injury, or to otherwise endanger the safety of human beings or domestic animals; or

(2)   Any rottweiler which is defined as any rottweiler breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of rottweiler as to be identifiable as partially of the breed of rottweiler by a qualified veterinarian duly licensed as such by the State of Kansas; however,

(3)   Dogs used to assist the vision-impaired or law enforcement officers in their official duties shall be termed as vicious dogs.

(b)   A vicious dog is “unconfined” as the term is used in this Section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in Section 2-202(a) hereof. Such pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded in the ground no less than (2) feet. The entrance or gate of the structure must be securely latched. The structure must be adequately lighted, ventilated, and kept in a clean and sanitary condition.

(Ord. 607)

(a)   No person owning, keeping or harboring or having the care of a vicious dog, as defined in Section 2-201 hereof, shall suffer or permit such animal to go unconfined on the premises of such person.

(b)   No person owning, keeping or harboring or having the care of a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely muzzled and restrained by a leash no longer than four (4) feet in length which is in the physical control of a person of suitable age and discretion, and such dog may be transported only if it is securely confined within a motor vehicle.

(c)   In addition to complying with all other requirements of this article, the owners, keepers or harborers of a vicious dog shall:

(1)   Register such dog by reporting the following information in writing to the Hanover City Clerk.

(A)  The age, sex, breed and weight of the dog; and

(B)   The owner’s name and the address where the animal will be kept.

(2)   Display in a prominent place on their premises a sign easily readable by the public using the words “Warning Vicious Dog.” In addition, a similar sign is required to be posted on the kennel or pen of such animal.

(3)   Provide the Hanover City Clerk two color photographs of the dog (or dogs) showing its color and approximate size.

(4)   Allow the city animal control officers onto the premises where the dog is kept for the purpose of inspecting the pen or enclosure in which the dog is confined.

(5)   Provide proof to the Hanover City Clerk of Public Liability Insurance in a single incident amount of $50,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any person or persons for damage to property owned by any persons which may result from the ownership keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) day’s written notice is first given to the Hanover City Clerk.

(6)   Report to the Hanover City Clerk within ten (10) days of the incident, the following information in writing:

(A)  The death or removal from the City of such dog.

(B)   The birth of offspring of such dog;

(C)   The new location of such dog if it is moved within the city limits; and

(D)  The new acquisition of such dog.

(Ord. 607)

All offspring born of vicious dogs registered within the City must be removed from the City within six weeks of the birth of such animal.

(Ord. 607)

There shall be an irrebuttable presumption that any dog registered with the City as a vicious dog or any of those breeds prohibited by Section 2-201 is in fact a dog subject to the requirements of this article.

(Ord. 607)

It shall be unlawful for the owner, keeper or harborer of a vicious dog, as defined in Section 2-201 and kept within the city limits of Hanover, to fail to comply with the requirements and conditions set forth in this article. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city.

(Ord. 607)

If the animal control officer has probable cause to believe that a vicious dog is being kept, harbored or cared for in violation of this article, said officer may petition the Municipal Court to order the seizure and impoundment of said animal pending trial.

(Ord. 607)

Any person violating any provision of this article shall upon conviction be fined not more than One Thousand Dollars ($1,000.00). In addition, any vicious dog which attacks a human being or another domestic animal may be ordered destroyed when, in the Court’s judgment, such vicious dog represents a continuing threat of serious harm to human beings or domestic animals. In addition, any person found guilty of violating this article shall pay all expenses, including shelter, food or boarding and veterinary expenses, necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for destruction of any such dog.

(Ord. 607)

This article is in conjunction with Article 1 of this chapter, relating to keeping of dogs and shall not be deemed to supersede any of its provisions; EXCEPT, should any provision of this article be inconsistent with or converse to any provision of said article, then such provision of this article shall take precedence over, supersede, or enhance such other provision.

(Ord. 607)