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(A) Determination of a Dangerous or Vicious Dog. In the event that the animal control officer has probable cause to believe that a dog is dangerous or vicious, as defined in Section 8.02.020 and upon submission of a probable cause affidavit by the City Prosecutor’s Office, the Municipal Judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous or vicious.

The City Prosecutor shall notify the owner or harborer of the dog that a hearing will be held, at which time he or she may have the opportunity to present evidence why the dog should not be declared dangerous or vicious. The hearing shall be held promptly within no less than five (5) nor more than fourteen (14) days after service of notice upon the owner or harborer of the dog. The failure of the owner or harborer to attend or participate in the hearing shall not prevent the Municipal Judge from hearing evidence in the matter and entering a determination whether the dog is dangerous or vicious as alleged or from entering further orders pursuant to such finding. The hearing shall be informal and shall be open to the public.

If the owner or harborer fails to appear for the hearing, the animal control officer or law enforcement officer may seize and impound the dog. The dog may be impounded by the animal control officer for a period not to exceed thirty (30) days. At the end of the thirty (30) day period pursuant to a Municipal Court order, the dog may be euthanized. The owner or harborer shall pay all costs of said confinement and euthanization. Such costs shall be assessed as Court costs.

If, prior to such hearing, the owner or harborer of the dog voluntarily causes the animal to be euthanized, such action shall be deemed a stipulation that the dog was, in fact, a dangerous or vicious dog as alleged. The Municipal Court may enter such finding without further evidentiary hearing.

If, prior to such hearing, the owner or harborer of the dog voluntarily removes the animal from the City limits, such action shall be deemed a stipulation that the dog is, in fact, a dangerous or vicious dog as alleged. The Municipal Court may enter such finding without further evidentiary hearing. The owner or harborer shall provide the Municipal Court with the exact location, address, and contact information for the new owner or harborer of the dog. The Olathe Municipal Court shall notify the receiving jurisdiction that the animal has been determined to be a dangerous or vicious dog. If such dog is found by the Municipal Judge to be dangerous, such animal shall not be returned to the City until a compliance hearing is requested and held in the Municipal Court and it is established that the owner or harborer is in full compliance with the requirements of Section 8.10.110 C 1-8. If such dog is found by the Municipal Judge to be vicious, the dog shall not be returned within the City limits at any time thereafter. It shall be unlawful for the owner or harborer of a dangerous or vicious dog to maintain such animal in violation of the Court’s order.

After the hearing, the owner or harborer of the dog and the City Prosecutor shall be notified by the Court in writing within ten (10) business days of the determination. If a determination is made that the dog is dangerous or vicious, the owner or harborer shall comply with the provisions of this title as directed by the Municipal Judge in accordance with a time table established by the Municipal Judge, but in no case more than thirty (30) days subsequent to the date of the determination. If the owner or harborer of the dog contests the determination, he or she may within ten (10) days, exclusive of Saturdays, Sundays and holidays, of such determination appeal to the district court.

In the event that the animal control officer or law enforcement officer has probable cause to believe that the dog in question is dangerous or vicious, and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer or law enforcement officer may seize and impound the dog pending the aforesaid Municipal Court determination and/or the findings of any appeals taken. Upon the Court’s determination that the impounded dog is dangerous or vicious, the owner or harborer of the dog shall be liable to the City where the dog is impounded for the costs and expenses of keeping such dog.

In the event of impoundment by the City, the aforesaid Municipal Court hearing must be scheduled within sixty (60) days of such impoundment.

(B) A dog which has been adjudicated by another jurisdiction based on its behavior to be dangerous, vicious or a comparable designation shall not be relocated to Olathe; residence shall not be prohibited solely by breed.

(C) Control of Dangerous Dog. If the Municipal Court Judge determines that a dog is dangerous, the owner or harborer of such dog shall comply with the following:

(1) Confinement. A dangerous dog shall be confined to the interior of its residence or confined within an enclosure as defined in Section 8.02.020 at all times except as set out below:

(a) The dangerous dog may be in a fenced yard when securely muzzled and under the direct supervision and in the immediate presence of a responsible adult capable of controlling the dog.

(b) The dangerous dog may be walked when securely leashed and securely muzzled. The leash must be under the control of an adult capable of exercising control over the dog. The animal shall not be leashed to an inanimate object.

(c) If it is necessary for the owner or harborer to obtain veterinary care for the dangerous dog or to take the animal for professional training or to sell or give away the dangerous dog or to comply with commands or directions of an animal control officer, the dangerous dog must be securely muzzled and securely leashed or securely muzzled and crated.

To be securely leashed the dangerous dog must be on a leash no longer than four (4) feet in length. Any muzzle used to securely muzzle a dangerous dog must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent the dog from biting any human or animal.

(2) Confinement Indoors. No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(3) Signs. The owner or harborer of a dangerous dog shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a dangerous dog on the premises. A similar sign is required to be posted on the enclosure. Such sign shall conform to the size requirements established by administrative regulations under Section 8.14.010.

(4) Microchip Identification. The owner or harborer of a dangerous dog must have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control officer. If the microchip is not implanted by the owner or harborer, it may be implanted by the animal control officer. In either case, all costs related to the purchase and implantation of the microchip must be borne by the dog’s owner or harborer.

(5) Dangerous Dog License Fees. All dangerous dog owners or harborers shall pay a license fee which shall be renewed annually no later than one year from the date of previous issuance. The license fee shall be adopted by the Governing Body of the City by resolution.

(6) Mandatory Spay and Neuter. All dangerous dogs shall be required to be spayed or neutered.

(7) Training. All dangerous dogs shall be required to be enrolled in a behavior modification program administered by a licensed animal behaviorist prior to the compliance hearing. Verification of successful completion of said program must be provided to the animal control officer at the annual license review.

(8) Insurance. The owner or harborer of a dangerous dog is required to present to the Municipal Court proof that the owner or harborer has procured liability insurance in the amount of at least One Hundred Thousand Dollars ($100,000), covering any damage or injury which may be caused by such dangerous dog during the twelve (12) month period for which licensing is sought. The policy shall contain a provision requiring the City to be named as additional insured for the sole purpose of notification to the City by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

The owner or harborer shall maintain and not voluntarily cancel the liability insurance required by the Court during each annual license period for which licensing is sought, unless the owner or harborer shall cease to own or keep the dangerous dog prior to expiration of such license.

(9) Compliance Hearing. In the event that a dog has been determined to be dangerous, the Municipal Court Judge shall set a compliance hearing within forty (40) days of said determination. The owner or harborer of said dog shall provide verification of full compliance with Section 8.10.110 C 1–12 at said hearing. In the event the Court finds the owner or harborer is not in full compliance, the dangerous dog shall be impounded by the animal control officer for a period not to exceed thirty (30) days. The owner or harborer shall pay all costs of said confinement. Such costs shall be assessed as Court costs. If full compliance is not verified to the Court within that thirty (30) day period, the dangerous dog shall be euthanized or the owner or harborer of the dog shall remove the dog from the City limits and shall provide the Municipal Court with the exact location, address, and contact information for the new owner or harborer where the dog has been moved. The Olathe Municipal Court shall notify the receiving jurisdiction that the animal has been determined to be a dangerous animal.

(10) At least thirty (30) days prior to the relocation of a dog previously determined to be dangerous, the owner or harborer of the dog shall notify the Olathe Municipal Court and Animal Control of the proposed location. The Olathe Municipal Court shall notify the receiving jurisdiction that the animal has been determined to be a dangerous dog.

(11) Prior to the annual renewal of any dangerous dog license issued hereunder and at least once annually after the issuance of any such license or after its renewal, the animal control officer or designated representative is authorized to inspect the premises subject to such license to determine whether the person to whom it has been issued is continuing to comply with all of the conditions specified in this chapter. In addition, the animal control officer may investigate the past history of the license holder to determine whether during the past license period the license holder was in compliance with all of the conditions specified in this chapter. The investigation may include a review of department records and interviews with the license holder and neighbors. If the animal control officer determines during any such inspection and investigation that any of the conditions therein specified are being violated or have been noted as having been violated during the past licensed period, he/she shall deny renewal of any such license and/or revoke such license in the event that such violation is not corrected within such period of time as she/he shall direct. Upon completion of the investigation and review process provided herein, the animal control officer shall report to the City Prosecutor that the dangerous animal license has been renewed or that the renewal application has been denied. If the application was denied, a copy of the report shall be given to the owner or harborer of the dangerous dog. The report shall include the basis for the denial. The owner or harborer shall have the right to appeal the denial to the Olathe Municipal Court. The decision of the Olathe Municipal Court shall be final and binding.

(12) Dangerous Dog Designation Review. Beginning one (1) year after a dog is declared a dangerous dog, an owner or harborer may request annually that the Municipal Court review the designation. The owner or harborer must provide evidence that the dog is no longer dangerous due to the dog’s age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control officer finds sufficient evidence that the dog’s behavior has changed, the Municipal Judge may rescind that dangerous dog designation.

(D) Disposition of Vicious Dogs. If the Municipal Court Judge determines that a dog is vicious, the dog shall be euthanized or the owner or harborer of such dog shall remove the dog from the City limits and shall provide the Municipal Court with the exact location, address, and contact information for the new owner or harborer where the dog has been moved. The Olathe Municipal Court shall notify the receiving jurisdiction that the animal has been determined to be a vicious dog. The dog shall not be returned to the City limits after removal. It shall be unlawful for the owner or harborer of a vicious dog to maintain such animal in violation of the Court’s order. (Ord. 14-36 § 1, 2014; Ord. 10-31 § 13, 2010; Ord. 06-115 § 1, 2006; Ord. 05-131 § 2, 2005; Ord. 97-118 § 6, 1997; Ord. 87-173 § 2, 1987.)