CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 3. PIT BULL DOGS

It shall be unlawful to keep, harbor, own, or on any way possess within the city limits:

(a)   Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoons, skunks, foxes and exotic cats, but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes). For purposes of this section, the term exotic animals or exotic cats shall mean an animal type having as its common and historical habitant, an area predominantly uninhabited by human beings; and living in an undomesticated state.

(b)   Any animal having poisonous bites.

(c)   Any pit bull dog; provided, that pit bull dogs registered with the city on the date of publication of Ordinance No. 891 may be kept within the city subject to the standards and requirements set forth in section 2-202. Pit bull dog is defined to mean:

(1)   The Staffordshire bull terrier breed of dog;

(2)   The American pit bull terrier breed of dog;

(3)   The American Staffordshire terrier breed of dog;

(4)   Any dog which has the appearance and characteristics of being predominately of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; or a combination of any of these breeds.

(Ord. 891, Sec. 1)

The provisions of section 2-301 of this article are not applicable to owners, keepers or harborers of pit bull dogs registered with the city as of the date of passage and one publication of Ordinance No. 891. The keeping of such dogs, however, shall be subject to the following standards:

(a)   Leash and Muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(b)   Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leased and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground not less than two feet. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(c)   Confinement Indoors. No pit bull 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 animal from exiting the structure.

(d)   Signs. All owners, keepers or harborers of registered pit bull dogs within the city shall within 10 days of the effective date of Ordinance No. 891 display in a prominent place on their premises a sign easily readable by the public using the words Beware of Dog. In addition, a similar sign is required to be posted on the kennel or pen of such animal.

(e)   Insurance. All owners, keepers or harborers of registered pit bull dogs must within 10 days of the effective date of Ordinance No. 891 provide proof to the city clerk of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is first given to the city clerk.

(f)   Identification Photographs. All owners, keepers or harborers of registered pit bull dogs must within 10 days of the effective date of Ordinance No. 891 provide to the city clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.

(g)   Reporting Requirements. All owners, keepers or harborers of registered pit bull dogs must within 10 days of the incident, report the following information in writing to the city clerk as required hereafter:

(1)   The removal from the city or death of a registered pit bull dog;

(2)   The birth of offspring of a registered pit bull dog;

(3)   The new address of a pit bull dog owner should the owner move within the corporate city limits.

(h)   Sale or Transfer of Ownership Prohibited. Sale - No person shall sell, barter or in any other way dispose of a pit bull dog registered within the city to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the city.

(i)    Animals Born of Registered Dogs. All offspring born of pit bull dogs registered with the city must be removed from the city within six weeks of the birth of such animal.

(j)    Irrebuttable Presumptions. There shall be an irrebuttable presumption that any dog registered with the city as a pit bull dog or any of those breeds prohibited by section 2-201 of this article is in fact a dog subject to the requirements of this section.

(k)   Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the city to fail to comply with the requirements and conditions set forth in this section. Any dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediately removal of the animal from the city.

(l)    Violations and Penalties. Any person violating or permitting the violation of any provisions of this section shall upon conviction in municipal court be fined a sum not less than $200.00 and not more than $1,000.00. In addition to the fine imposed the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. In addition, the court shall order the registration of the subject pit bull revoked and the dog removed from the city. Should the defendant refuse to remove the dog from 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 section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article. Upon passage of three days impoundment, excluding Saturday and Sunday, the animal shall be disposed of as a dog running at large.

(Ord. 891, Sec. 2)