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City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org |
| | | July 8, 2025 |
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| | | | | | | | | DATE: | July 8, 2025 | | | | CONTACT PERSON: | Jessica Bowers, Animal Control | DOCUMENT #: | | | SECOND PARTY/SUBJECT: | Amending TMC Section 6.15.170 Dangerous Dogs | PROJECT #: | | | CATEGORY/SUBCATEGORY | 013 Ordinances - Codified / 018 Animals | | CIP PROJECT: | No | | | | ACTION OF COUNCIL: | | JOURNAL #: | | | | PAGE #: | |
| DOCUMENT DESCRIPTION: |
DISCUSSION with POSSIBLE ACTION of an ORDINANCE introduced by City Manager Dr. Robert M. Perez, concerning dangerous dogs, amending Section 6.15.170 of the Topeka Municipal Code and repealing original sections. (Public Health and Safety Committee recommended to move forward with the amendments on June 18, 2025)
Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
(Approval will amend the ordinance to allow more discretion regarding timeframe needed to comply with conditions upon conviction and allow for release of a dog to the humane society upon any failure to appear.)
| | VOTING REQUIREMENTS: | Discussion with possible action. Action requires at least five (5) votes of the City Council. The Mayor does not vote. As this is a home rule ordinance, the Mayor has veto authority. | | POLICY ISSUE: | Whether to amend § 6.15.170 of the Topeka Municipal Code and repealing original sections concerning Dangerous Dogs. | | STAFF RECOMMENDATION: | Staff recommends the Governing Body move to approve the ordinance. | | BACKGROUND: | On June 18, 2025 the Public Health and Safety Committee met to
propose amendments to the Dangerous Dog Ordinance (TMC 6.15.170).
The first proposed amendment is within (a)(2), regarding the time allowed for the owner’s compliance with the dangerous dog conditions that are imposed by the court upon conviction. The purpose of the first amendment is to allow for the municipal judge to have discretion in granting an extension of time to comply with the conditions, upon a finding of good cause. Currently, the owner is allowed only 15 days to comply with the conditions, and if the owner cannot comply, the dog must be destroyed. 15 days is more than enough time to comply with the conditions if the dog has already been spayed or neutered. However, 15 days is not enough time to allow completion of that procedure with longer scheduling times at licensed veterinary offices. This amendment allows the judge to have discretion over the extension of time, should the owner need time to address the sterilization.
The second proposed amendment is within (b), regarding automatic release of the dog to the humane society upon the owner failing to appear to the first appearance. The current wording of this ordinance does not address any situations of the owner’s failure to appear to subsequent settings. Often, the owner appears to the first appearance but then fails to appear at other later settings (arraignments, motions, trial, or sentencing). This means that the dog is held indefinitely at the humane society, often for many months and sometimes over a year. The amendment would release the animal upon any failure to appear to a court setting for the case, preventing long extended holds on dogs at the humane society.
View the June 18, 2025 Public Health and Safety Committee meeting online at https://www.topeka.org/citycouncil/public-health-safety-committee/
| | BUDGETARY IMPACT: | This will result in a cost savings to the City of approximately $80,000 per year. | | SOURCE OF FUNDING: | Not Applicable |
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