Pit Bull Attacks Gas Technician

By: Rae Chelle Davis Email
By: Rae Chelle Davis Email

Topeka Police responded to two vicious dog calls Wednesday morning.
The first one happened at 9:20 at 230 SW 35th Terr. A gas technician was attempting to deliver paperwork to the homeowner when he was attacked by pit bulls. The dogs latched onto the man's arm. He was able to fend them off until police arrived. The man was taken to the hospital with non life threatening injuries.

"If this pit bull would have attacked a small child walking to school the child wouldn't have had a chance. The only reason why this gentleman made it through was he was wearing heavy clothing and he was able to fend off the dog until we arrived," said Cpl. Louis Cortez of the Topeka Police Department.

"Anytime anyone gets bit by any dog it's going to hurt. But some are worse than others. If they can just get away from it. Get something between them and the dog," said Officer Linda Halford with Animal Control.

The city of Topeka requires that all pit bull owners have a permit. To read more about the pit bull ordinance see below.

DIVISION 4. PIT BULL DOGS*

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*State law references: Permitting dangerous animal to be at large, K.S.A. 21-3418.

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Subdivision I. General Provisions

Sec. 18-141. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Pit bull dog means and includes:
(1) The Staffordshire bull terrier breed of dogs;
(2) The American Staffordshire terrier breed of dogs;
(3) The American pit bull terrier breed of dogs;
(4) Dogs which have the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire bull terrier, American pit bull terrier or American Staffordshire terrier.
The registration of a dog with a kennel or dog association at any time as a pit bull or any of the dogs listed under this definition shall constitute prima facie evidence the animal is regulated by this division.
(Ord. No. 16397, § 1(8-87), 12-3-91)
Cross references: Definitions generally, § 1-2.

Sec. 18-142. Exemptions.
The provisions of this division shall not apply to the transportation of pit bull dogs through this city when such transporter has taken adequate safeguards to protect the public and has notified the local law enforcement agency of the proposed route of transportation and the time thereof.
(Code 1981, § 8-90)

Sec. 18-143. Failure to comply with division; penalty.
It shall be unlawful for the owner, keeper or harborer of a pit bull dog to fail to comply with the requirements and conditions set forth in this division. Any dog found to be the subject of a violation of this division shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal and the permit providing for the keeping of such animal, resulting in the immediate removal of the animal from the city.
(Code 1981, § 8-89(8))

Sec. 18-144. Prohibition.
Except as provided in this division, no person shall own, keep or harbor any pit bull dog in the city.
(Code 1981, § 8-88)

Sec. 18-145. Penalty for violation of division.
Any person violating or permitting the violation of any provision of this division shall, upon conviction in the municipal court, be fined a sum not less than $200.00 and not more than $499.00. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 179 days. In addition, the court shall order the registration and permit for the subject pit bull revoked and the dog removed from the city. Should the defendant refuse to remove the dogfrom the city, the municipal court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this division continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this division shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this division.
(Code 1981, § 8-97)

Sec. 18-146. Costs to be paid by responsible persons.
Any reasonable costs incurred by the animal control officer in seizing, impounding, confining or disposing of any pit bull dog, pursuant to the provisions of section 18-147, 18-148, 18-171 or 18-175, shall be charged against the owner, keeper or harborer of such animal and shall be collected by the city treasurer.
(Code 1981, § 8-98)

Sec. 18-147. Notice of keeping dangerous animals.
Upon the written complaint of any person that a person owns or is keeping or harboring a pit bull dog in violation of this division in the city, the animal control officer, hereinafter ACO, or his authorized designee shall cause the matter to be investigated; and if, after investigation, the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such pit bull dog in the city, the ACO shall forthwith send written notice to such person requiring such person to safely remove the dog from the city within five days of the date of the notice. Notice as provided in this section shall not be required where such pit bull dog has previously caused serious physical harm or death to any person or has escaped and is at large, in which case the ACO shall cause the dog to be immediately seized and impounded, according to the provisions of section 18-148, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(Code 1981, § 8-91)

Sec. 18-148. Seizure and impounding.
(a) The ACO or his authorized designee shall forthwith cause to be seized and impounded any pit bull dog where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to section 18-147. Upon its seizure and impoundment, the animal shall be delivered to a place of confinement, which may be with any organization which is authorized by law to accept, own, keep or harbor pit bull dogs.
(b) If, during the course of seizing and impounding a pit bull dog, the animal poses a risk of serious physical harm or death to any person, such person when authorized by the ACO may render the dog immobile by means of tranquilizers or other safe drugs; or, if that is not safely possible, then the animal may be killed.
(Code 1981, § 8-92)

Sec. 18-149. Appeals--Fees; notice.
(a) Any person aggrieved by or dissatisfied with any of the following decisions, rulings, actions or findings may, within ten days thereafter, file a written notice or statement of appeal from such decision, ruling, action or finding to the municipal court for an administrative hearing thereon:
(1) The determination that an animal is a pit bull dog under sections 18-141 and 18-144.
(2) The denial of a permit under section 18-172.
(3) The denial of a renewal of a previously issued permit under section 18-178.
(4) The revocation of a previously issued permit under section 18-179.
(5) The temporary suspension of any permit or portion thereof under section 18-179.
(b) An administrative fee of $10.00 shall be paid to the municipal court clerk and is required for each appeal to the municipal court under this section, and no appeal shall be set for hearing until such fee has been paid.
(c) The filing of an appeal under this section shall not stay any action taken pursuant to this division.
(Code 1981, § 8-93)


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