Following an incident on Aug. 9 involving two dogs that were reportedly found “at large” and two others contained within a fenced yard, city officials have confirmed that one of the impounded dogs has been returned to its owner, while the second remains at the animal control facility due to breed restrictions outlined in Eureka’s Pit Bull Ordinance.
The dogs were surrendered to the pound on Sept. 7, after concerns arose about the animals being part Pit Bull. Per City Ordinance 1468, dogs with 50% Pit Bull mixes are prohibited in the city limits. The city doesn’t travel door-to-door to enforce the code; but, rather enforces it as cases arise.
After the incident on Aug. 9, the City Animal Control Officer talked to the dog’s owner and noted they weren’t allowed to be within the city limits based on the belief they were Pit Bull mix.
During a city council meeting, the owner noted they were a Labrador and Rottweiler mix; however, the blood test completed recently noted neither dog contained any Labrador or Rottweiler breed.
As part of standard procedure after such incidents, dogs typically undergo a 10-day quarantine period for observation and health monitoring. The city code book notes that, “Whenever any dog has bitten a person, the owner or harborer of such dog shall immediately notify the City Clerk. All such incidents shall be reported to the county’s Health Officer, who may order the dog quarantined on the owner’s premises or impounded at the owner’s expense for a period of not less than ten days and until such time as the Health Officer finds that such dog shows no evidence of having rabies.
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If it is determined that such dog is suffering from rabies, it shall be forthwith destroyed; otherwise, it shall be released from quarantine upon payment of impounding charges, if any.” Regarding dog bites and quarantine, the city code book references Ordinance 3258. The City of Eureka also has a Vicious Animals ordinance (Ordinance 4230, adopted in 2017), which could result in a Municipal Court hearing with the City of Eureka to determine if animals are dangerous or vicious. These hearings are open to the public and are slated for the first and third Mondays of each month, unless otherwise published. These results are shared with the Eureka City Council through various reports, but aren’t usually discussed at bi-monthly meetings. Within the vicious animals ordinance, if dogs are found to be vicious, they can still be released to their owners as long as the owners follow the provisions to keep the animal restrained.
The Eureka Animal Pound is a no-kill facility; however, under the vicious animals ordinance, “Any law enforcement or humane officer is authorized to destroy any animal, whether previously determined to be vicious or not, when, in his or her best judgment, no other course of action is possible to preserve the safety of the community.” Pit Bull Ordinance
Ordinance 4168 for the City of Eureka currently is in place and notes that is unlawful to keep, harbor, own or in any way possess a Pit Bull dog within the corporate limits of Eureka. The ordinance, which was adopted in 2013, states that the “breeds of dogs known as “Pit Bulls” include any American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog which has the appearance and characteristics of being predominantly of any one or more of the above breeds.” Under defininations within that ordinance, “predominately” means “knowledge through identification procedures or otherwise, or admission by owner, keeper, or harborer that the dog is more than fifty percent Pit Bull. Predominantly also means that the dog exhibits the physical characteristics of a Pit Bull more than that of any other breed of dog.”
In the event that a dog is found to be of Pit Bull origin, “the owner, harborer or person in possession of the animal will be given the opportunity to remove the animal from the City to a shelter or other home within 5 consecutive days of notice or receive a ticket for violation of this ordinance and the alleged Pit Bull will be impounded.”
DNA Test Results and Breed Identification DNA test results determined that the male dog has the following breed composition: 47% American Staffordshire Terrier; 23% American Pit Bull Terrier; 18% Staffordshire Bull Terrier; 12% Belgian Malinois. Due to these results, the male dog falls under the city’s Pit Bull ordinance and remains at the pound.
The female dog’s DNA results revealed: 39% American Staffordshire Terrier; 14% French Bulldog; 13% Perro de Presa Canario, 13% Boston Terrier; 11% Mastiff; 10% Belgian Malinois. Based on these findings, the female dog was released to her owner on Oct. 2, after the city determined she did not meet the criteria for restriction under the ordinance.
Previous Related Incident Another dog encounter was addressed as citizens expressed concerns of bias due to the dog owner being a city employee. City officials confirmed that a prior dog bite incident occurred on June 24. In that case, a dog bit a two-yearold inside their residence, and the child did require stitches. During the investigation, the dog was quarantined for 10 days, on the property, outside of the residence, following the incident and was later euthanized at the owner’s request on day 12.
HowTo Adopt
The Eureka Animal Pound currently has eight dogs at the facility. Per city code, a person wishing to adopt an animal kept more than five days by the city can do so by paying a $10 adoption fee, city/rabies tags and a $50 refundable deposit to spay/neuter the animal (which is required by the State of Kansas). Two of the eight dogs currently at the pound can be adopted to residents within the city limits; while the other six would need to be adopted by residents outside of the city limits due to the pit bull restrictions.
City Records
The City of Eureka maintains official record books documenting the codes, ordinances, and resolutions adopted by the City Council throughout the years. Those interested in reviewing specific records can visit the clerk’s office, located at Memorial Hall (309 N. Oak St., Eureka) or file a Kansas Open Records Act (KORA) request by emailing [email protected]. The request must specifically note which record is being requested. Fees may be assessed for public agencies to recover their actual costs for gathering or copying records.
