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#2 |
Supporter
Join Date: Aug 2005
Location: Hermosa, SD
Casino cash: $10176551
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These dogs aren't being banned, right?
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“When war breaks out people say: 'It won't last, it's too stupid.' And war is certainly too stupid, but that doesn't prevent It from lasting.” ~Albert Camus, The Plague. |
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#3 | |
THE RED MENACE
Join Date: Aug 2000
Location: Texas
Casino cash: $2558410
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Quote:
DRAFT 2 be the policy of this city that keepers and harborers of dogs that are of a size and breed that allow the animal to be capable of inflicting lifethreatening injuries upon human beings are hereby held to a very high standard of care regarding their knowledge of such propensity, tendency or disposition as to their animal. The court, in determining whether or not a keeper or harborer of such an animal reasonably should know about such propensities, tendencies or dispositions shall apply such very high standard. (b) It shall be unlawful for any person to keep or harbor a dangerous dog, unless the keeper or harborer complies with all of the following requirements: 1) Confinement: Any keeper or harborer of a dangerous dog shall keep such dog confined, except as set forth hereinafter. “Confined,” as that term is used in this section, shall mean such dog is securely kept indoors or in a securely enclosed and locked pen or dog-run area made of, at least, nine-gauge chain link with no more than one-inch spacing. Said pen or run must be locked with a key or combination lock whenever such dog(s) are within the structure. Said pen or dog-run area must have sides at least six (6) feet high and be secured over the top. If the pen or dog-run area has no bottom secured to the sides, the sides must be embedded into the ground no less than one (1) foot deep. 2) Leash and Muzzle: Any keeper or harborer of a dangerous dog shall, when the dog is not confined pursuant to subsection (b)(1), securely muzzle and restrain the dog with a leash, chain, rope, or harness having a minimum tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length. 3) Notice: Any keeper or harborer of a dangerous dog shall display, in a prominent place on the premises where the dog is kept, a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign shall be posted on the pen or run of such animal. 4) Registration and Reporting: It shall be unlawful for any person to keep or harbor a dangerous dog, unless such dog is properly licensed pursuant to section 6-36 of this code, and pursuant to the provisions set forth in this subsection. In addition to having, or obtaining, the license required by section 6-36, a keeper or harborer of a dangerous dog shall submit a completed application for a dangerous dog license to the city clerk or his/her designee, on or before May 1, 2007, or within five business (5) days of the date upon which the dog would be deemed to be dangerous under the provisions of this section, if such occurs after May 1, 2007. The application for a dangerous dog license shall be submitted on forms provided by the city clerk, and to be considered a completed application it shall be accompanied by all documents and other information required hereunder. Upon issuance, the dangerous dog license shall be effective for one (1) year from the date of issuance, or for the duration of the liability insurance required by this section, whichever is shorter, and shall be reapplied for prior to its expiration. Such dangerous dog license shall not be transferable, and shall expire whenever changes occur that would make DRAFT 3 the keeper or harborer ineligible to obtain a license. The keeper or harborer of the dangerous dog shall pay a $50.00 annual registration fee for each dangerous dog, and such fee shall be submitted with the application for a dangerous dog license. No dog shall be considered to be unlicensed under the terms of this subsection, if the owner or keeper has timely filed a completed application, until such application has been denied. The keeper or harborer of the dangerous dog shall maintain with the city clerk or his/her designee the address where the dangerous dog is primarily kept or harbored. The keeper or harborer shall notify the city clerk or his/her designee within five (5) business days if any of the following occurs: i. A change in the primary address where the dangerous dog is kept or harbored, whether in or out of the city limits. ii. A change in the person who is keeping or harboring the dangerous dog. iii. The death of the dangerous dog. iv. Any change in the information supplied in the application for the dangerous dog license, or in the information submitted along with such application. 5) Insurance: Any keeper or harborer of a dangerous dog shall maintain liability insurance in the single-incident amount of $100,000 for bodily injury or death of any person(s), or for damage to property which may result from actions of the dangerous dog, or from actions or inactions of the keeper or harborer related to the dangerous dog. The application, or reapplication, for a dangerous dog license, pursuant to subsection (b)(4), shall include a certificate of liability insurance that indicates the required insurance level and is valid for the intended registration period. 6) Neutering: Any keeper or harborer of a dangerous dog shall have the dog spayed or neutered by a veterinarian licensed by the state of Kansas. The application, or reapplication, for a dangerous dog license, pursuant to subsection (b)(4), shall include documentation showing that the dog has been spayed or neutered. 7) Identification: Any keeper or harborer of a dangerous dog shall have an identification microchip inserted into the dog, which shall not be removed during the dog’s life. The application, or reapplication, for a dangerous dog license, pursuant to subsection (b)(4), shall include documentation showing that such microchip has been properly inserted. Any keeper or harborer of the dangerous dog must, prior to the issuance of the dangerous dog license, make the dog available to the City to take photographs to be used to depict the animal’s size, coloring, and distinguishing features. Failure to make the dog available, when reasonably requested by the City, shall be grounds for denial of the application. (c) In the event that an animal control officer or law enforcement officer has probable cause to believe that a dog is dangerous as defined by section 6-25(a), such officer shall file an affidavit with the municipal court judge, setting forth the facts upon which such officer relies to support such probable cause. Upon receipt of such affidavit, if the judge DRAFT 4 determines that the facts set forth in the affidavit are sufficient to establish such probable cause, the judge shall schedule a hearing for the purpose of determining whether or not the dog in question should be deemed dangerous as defined by section 6-25(a). The judge shall also, upon request of the city prosecutor, issue a search warrant, pursuant to Charter Ordinance No. 34, to seize the dog, and to impound the dog at the municipal animal shelter pending the determination of whether the dog is dangerous. The court shall provide notice of the hearing to any known harborer or keeper of the dog. Such notice shall be served on such harborer or keeper in the same manner as the service of a subpoena. The hearing date shall not be less than five (5) days nor more than twenty (20) days following the date of service upon the harborer or keeper. At the hearing, the city shall have the burden, by clear and convincing evidence, to prove that the dog is dangerous pursuant to section 6-25(a) and shall present evidence to that effect. The keeper or harborer of the dog may present evidence to rebut the city’s evidence. The failure of the keeper or harborer to attend or participate in the hearing shall not prevent the judge from making the appropriate determination concerning the dog. After the hearing, the keeper or harborer of the dog shall be notified in writing of the judge’s determination. If a determination is made that the dog is dangerous, the keeper or harborer shall submit a completed application for a dangerous dog license and shall pay the costs of impoundment as set forth in section 6-53 of this Code within the time frame established by the court, which shall not be more than twenty (20) days. If the dog has been impounded pending the determination by the court, the dog shall remain impounded until the harborer or keeper has complied with this subsection. If the keeper or harborer fails to comply with the provisions of this article within the time frame established by the court, and the court has not granted an extension of such time, the keeper or harborer shall be deemed to have abandoned the dog and it shall become the property of the city. The city shall have the right to dispose of the dog in any manner it determines to be applicable, including the destruction of the dog. Either the city or the keeper or harborer may appeal the judge’s determination to the Riley County District Court, by filing an appeal, and posting the appropriate bond, pursuant to Article 46 of Chapter 12 of the Kansas Statutes. If the dog is not determined to be dangerous, the court may determine whether the keeper or harborer shall pay any, or all, of the costs of impoundment, taking into consideration whether other reason(s) existed for impoundment and such other relevant factors as the court determines. (d) In addition to any penalties the court may prescribe for violation of this section, if the court finds, after notice to the keeper or harborer and an opportunity for hearing, that such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals, either because the court finds that the keeper or harborer is unlikely to comply with the provisions of this section, or because the court finds that, even with compliance with this section, the dangerous dog poses a threat to the public that is unreasonable, the court shall order such animal destroyed. (e) No person who has been convicted of a violation of this section shall keep or harbor a dangerous dog, nor shall such person be eligible for a dangerous dog license for a period of five (5) years following such conviction. In addition, no dangerous dog shall be kept or harbored, and no license shall be issued for any dog, if the primary location where DRAFT 5 such dog is to be kept or harbored is the residence of a person who has been convicted of a violation of this section within the previous five (5) years. Except that, if the court permits the person who has been convicted of a violation to keep or harbor his or her dangerous dog(s) existing at the time of the conviction, the person may keep and harbor such dogs and apply for or re-apply for a dangerous dog license only for those particular dog(s). Section 2. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. PASSED AND ADOPTED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS, THIS __ST DAY OF ____, 2007. CITY OF MANHATTAN, KANSAS
__________________
![]() The diabolical genius of Marxism-Socialism is that it provides the emotional and intellectual road map for autocrats to persuade millions of people to support their own enslavement to government. ~Mark Levin April 15, 2019 |
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#4 |
THE RED MENACE
Join Date: Aug 2000
Location: Texas
Casino cash: $2558410
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TOP
__________________
![]() The diabolical genius of Marxism-Socialism is that it provides the emotional and intellectual road map for autocrats to persuade millions of people to support their own enslavement to government. ~Mark Levin April 15, 2019 |
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#5 |
Beyond the Rapids
Join Date: May 2003
Location: Langley, VA
Casino cash: $-370000
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Hey, it's kinda like how they want to ban "assault rifles", but really they are banning anything that kinda looks like an "assault rifle".
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#6 |
Seeking the Truth daily
Join Date: Jan 2006
Location: In the Country in MO
Casino cash: $-1565691
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Looks fine to me. Bad animals are bad. Be gone with them.
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"We read books for knowledge; We read the Bible for wisdom!" |
Posts: 54,793
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#7 | |
THE RED MENACE
Join Date: Aug 2000
Location: Texas
Casino cash: $2558410
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Quote:
When they were handing out brains you thought they said trains ans asked for a slow one didn't ya?
__________________
![]() The diabolical genius of Marxism-Socialism is that it provides the emotional and intellectual road map for autocrats to persuade millions of people to support their own enslavement to government. ~Mark Levin April 15, 2019 |
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#8 | |
MVP
Join Date: Jan 2007
Location: Here
Casino cash: $10007119
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#9 |
Seeking the Truth daily
Join Date: Jan 2006
Location: In the Country in MO
Casino cash: $-1565691
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I just figure it this way...
A guy wants a dog....many kinds of dogs out there So he says, what kind of dog do I want... Big dog, little dog, companion dog, hunting dog what have you.. So hes doing his due dilligence and arrives at a choice. And he chooses a breed that has demonstrated time and time and time again that they are unpredictable, mean spirited and have been involved in this very community in attacking other dogs, other people, kids, owners....Now what makes him want such an animal...would he have a snake that is poisionous for a pet? Probably not a wise idea. So now said pet owner moves into a neighborhood full of kids and neighbors and nice other kinds of dogs with this animal....is it somehow out of the question for these folks who have seen the news, been well informed of the attacks in the community...in KC we have had a killing by a pit bull and numerous attcks by pit bulls...that they dont care to have that kind of animal in their midst? Bottom line for me is they are what they are and there is no need for such an animal in a setting where they can do what they are bred to do. In time, this too shall pass and we wont have to deal with it. Ban the Pitbulls and move on. Its not a big issue and life will proceed.
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"We read books for knowledge; We read the Bible for wisdom!" |
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#10 | |
THE RED MENACE
Join Date: Aug 2000
Location: Texas
Casino cash: $2558410
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Quote:
__________________
![]() The diabolical genius of Marxism-Socialism is that it provides the emotional and intellectual road map for autocrats to persuade millions of people to support their own enslavement to government. ~Mark Levin April 15, 2019 |
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Posts: 32,522
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#11 | |
MVP
Join Date: Jan 2007
Location: Here
Casino cash: $10007119
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#12 |
Supporter
Join Date: Nov 2005
Location: Peoples Republic of CoMo
Casino cash: $-2392748
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WTF?? - (5) Any dog, not owned by a governmental or law enforcement unit, used primarily to guard public or private property
Hell, I have two Australian Cattle dogs and since I have no cattle for them to earn their keep, their job is to guard the house. If I wanted a dog just to pet, feed, pay medical etc. I would get a Yorkie. Nothing against Yorkies folks! Just that I don't think one would be a good guard dog, alarm dog yes. My inlaws have one and boy does she go off whenever someone comes to the door! |
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#13 | |
THE RED MENACE
Join Date: Aug 2000
Location: Texas
Casino cash: $2558410
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Quote:
__________________
![]() The diabolical genius of Marxism-Socialism is that it provides the emotional and intellectual road map for autocrats to persuade millions of people to support their own enslavement to government. ~Mark Levin April 15, 2019 |
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Posts: 32,522
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#14 |
Seeking the Truth daily
Join Date: Jan 2006
Location: In the Country in MO
Casino cash: $-1565691
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Its certainly not baiting to have an opinion on the issue that is contrary. I just see no need for pit bulls as a pet.
I understand the pet owners desire to have them I just dont think they are a reasonable choice..I know if one lived near me Id do whatever i could to be rid of it legally. And if a community decides to ban them, thats fine with me. I dont see banning pit bulls as the next assault on our way of life.
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"We read books for knowledge; We read the Bible for wisdom!" |
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#15 | |
MVP
Join Date: Jan 2007
Location: Here
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