Chapter 6.10
PIT BULL DOGS
Sections:
6.10.010 Definitions.
6.10.020 Keeping of pit bull dogs prohibited.
6.10.030 Impounding pit bull dogs.
6.10.040 Keeping of licensed pit bull dogs.
6.10.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the definitions set out in this section apply:
“Pit bull dog” means any pit bull terrier over the age of eight weeks.
“Pit bull terrier” means any American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, Staffordshire bull terrier or American Staffordshire terrier so as to be identifiable as partially of the breed American pit bull terrier, Staffordshire bull terrier or American Staffordshire terrier. (Ord. 538 § 1 (part), 2003)
6.10.020 Keeping of pit bull dogs prohibited.
A. It is unlawful to keep, harbor, own or in any way possess a pit bull dog within the city. For the first offense, a violation of this subsection is a civil infraction which subjects the offender to a monetary penalty of up to two hundred fifty dollars. Any second or subsequent offense of this subsection within one year of the first offense shall be a civil infraction which subjects the offender to a monetary penalty of up to five hundred dollars. For purposes of this subsection, proof of a prior violation by an individual shall not require proof that the same pit bull dog is involved. Each day of violation shall be a separate offense.
B. This chapter shall not apply to pit bull dogs which are located entirely within an enclosed vehicle while traveling through the city on any portion of a state highway located within the city. (Ord. 538 § 1 (part), 2003)
6.10.030 Impounding pit bull dogs.
A. Whenever a pit bull dog is found within the city in violation of Section 6.10.020, the owner shall be notified in writing of the prohibitions contained in this chapter and of the procedure required to redeem the animal. Such notice shall be served upon the owner or, if the owner is not present, then upon any person of suitable age and discretion residing at the owner’s residence. Whenever a pit bull dog is found within the city, the animal may be temporarily detained or impounded by the city animal control authority for the purpose of identifying the pit bull dog for enforcement purposes. The owner shall be responsible for the cost of any kenneling fees incurred during the period of temporary detainment or impoundment. In the event the pit bull dog is not claimed within ten days of its impoundment by the city, it shall be humanely destroyed by the city.
B. An owner of a pit bull dog must permanently remove the pit bull dog from the city within thirty days of the notice required by subsection A of this section. Whenever any pit bull dog is found within the city a second time thirty days following a first temporary detainment or impoundment and notice to the owner pursuant to subsection A of this section, the pit bull dog may immediately be impounded by the city animal control authority. Pit bull dogs impounded under this subsection shall be humanely destroyed by the city. (Ord. 538 § 1 (part), 2003)
6.10.040 Keeping of licensed pit bull dogs.
A. The provisions of Section 6.10.020 shall not be applicable to an owner of a pit bull dog licensed within the city on or before the 26th day of August, 2003. Any such pit bull dog shall be considered a licensed pit bull dog.
B. An owner may keep a licensed pit bull dog in the city provided that owner complies with the following requirements:
1. Voluntary Designation of Licensed Pit Bull Dog as Potentially Dangerous. The owner of a licensed pit bull dog must voluntarily designate the licensed pit bull dog as potentially dangerous, as defined by BMC 6.08.010, by purchasing for such dog annual registration for potentially dangerous dogs pursuant to BMC 6.08.100 and meeting the requirements therein. Such registration must be purchased by September 30, 2003, and must be kept current.
2. Purchase of Lifetime License for Licensed Pit Bull Dog. The owner of a licensed pit bull dog must purchase a lifetime license for such pit bull dog.
3. Sale or Transfer of Ownership Prohibited. No person shall sell, barter, or in any other way dispose of a pit bull dog licensed within the city to any other person within the city.
4. Removal of Licensed Pit Bull Offspring. All offspring born to pit bull dogs licensed within the city shall be removed from the city within eight weeks of the birth of any such dog.
5. Reporting Requirements. The owner of a licensed pit bull dog shall within ten days of any of the following occurrences, report the following information in writing to the city clerk-treasurer and animal control officer as required hereinafter:
a. The removal from the city or death of a licensed pit bull dog;
b. The birth of offspring of a licensed pit bull dog;
c. The new address of the owner of a licensed pit bull dog should the owner move within the city limits.
6. Leash and Muzzle. No person shall permit a licensed 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 licensed pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a licensed owner over eighteen years of age is in physical control of the chain, rope or leash. Such dogs shall not be leashed to inanimate objects such as trees, posts or buildings. In addition, all licensed pit bull dogs on a leash outside the dog’s kennel shall be muzzled by a muzzling device sufficient to prevent such dogs from biting persons or other animals.
7. Confinement. All licensed pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen, kennel or structure, except when leashed and muzzled as provided above. Such pen, kennel or structure shall have secure sides and a secure top attached to the sides so as to prevent such pit bull dogs from escaping. Any pen, kennel or structure used to confine licensed pit bull dogs shall be locked with a key or combination lock when occupied by such dogs. Such pen, kennel or structure shall 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 no less than two feet. Any pen, kennel or structure erected to house pit bull dogs shall comply with all zoning and building regulations of the city. Any pen, kennel or structure shall be adequately lighted and ventilated and kept in a clean and sanitary condition. The pen, kennel or structure must be in place by September 30, 2003.
8. Confinement Indoors. No licensed pit bull dog shall be kept on a porch, patio or in any part of a house or structure which would allow such dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.
9. Signs. The owner of a licensed pit bull dog shall display in a prominent place on the owner’s premises a sign easily readable by the public using the words “beware of dog.” In addition, a similar sign shall be posted on the kennel or pen of such pit bull dog. All signage must be erected by September 30, 2003.
10. Microchips. The owner of a licensed pit bull dog shall, at the owner’s expense, have a microchip implanted in the licensed pit bull dog by a licensed veterinarian. The owner shall provide receipt of the microchip procedure and the number associated with the microchip implanted in such dog to the city clerk-treasurer by September 30, 2003.
11. Identification Photographs. The owner of a licensed pit bull dog shall provide the city clerk-treasurer four 3x5 inch color photographs of the licensed pit bull dog clearly showing the color and approximate size of the dog. The owner shall provide the photographs to the city clerk-treasurer by September 30, 2003.
12. Vaccination (Immunization) Against Rabies. All licensed pit bull dogs shall be vaccinated against rabies every three years and proof of such immunization must be provided to the city clerk-treasurer. By September 30, 2003, the owner of a licensed pit bull dog shall provide written proof to the city clerk-treasurer that such dog has been vaccinated against rabies within the last three years. Failure of any pit bull dog at any time to wear an up-to-date rabies vaccination tag issued by a licensed veterinarian who administered the vaccine shall be prima facie evidence of the dog’s lack of vaccination against rabies and shall subject such dog to immediate impoundment by the animal control officer.
13. Licensed Pit Bull Dog Spayed or Neutered. The owner of a licensed pit bull dog shall show proof of spay/neuter of such dog to the city clerk-treasurer by September 30, 2003.
14. Parks Prohibition. Licensed pit bull dogs are prohibited from being present in any city park at any time.
C. Any licensed pit bull dog found in violation of any requirement of this section shall be considered an unlicensed pit bull dog and any individual keeping, harboring, owning or possessing the pit bull dog shall be subject to the civil penalties set forth in Section 6.10.020 and the pit bull dog shall be subject to impoundment pursuant to the provisions set forth in Section 6.10.030. (Ord. 538 § 1 (part), 2003)