Chapter 6.20
PIT BULL DOGS
Sections:
6.20.04 Sale or transfer of ownership prohibited.
6.20.05 Registered dogs offspring.
6.20.06 Irrebuttable presumptions.
6.20.08 Violations and penalties.
6.20.01 Definitions.
The words used in this chapter shall have the following definitions:
(a) “Pit bull dog” shall be defined as follows:
(1) The bull terrier breed of dog;
(2) The Staffordshire bull terrier;
(3) The American pit bull terrier;
(4) The American Staffordshire terrier;
(5) Dogs of mixed breed or of breeds other than above listed which breed or mixed breed are known as pit bulls, pit bull dogs or pit bull terriers; and
(6) Any dog which has the appearance and characteristics of being predominately of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of these breeds.
(b) “Rottweiler dog” shall be defined as follows:
(1) The short-haired and long-haired breed of the Rottweiler;
(2) Any German mixed descendants of the Rottweiler;
(3) Dogs of mixed breed or other breeds than above listed which breed or mixed breeds are known as Rottweilers; and
(4) Any dog which has the appearance and characteristics of being predominantly of the breeds of Rottweiler. (Ord. 693 § 1. Code 1996 § 2-401)
6.20.02 Unlawful.
It shall be unlawful to keep, harbor, own or in any way possess a pit bull dog or Rottweiler dog within the city limits except those pit bull dogs and Rottweiler dogs located within the city on the effective date of Ordinance No. 693 may be kept within the city upon strict compliance with the requirements set forth in BSMC 6.20.03. (Ord. 693 § 2. Code 1996 § 2-402)
6.20.03 Requirements.
The following standards and requirements shall apply to pit bull dogs and Rottweiler dogs located within the city limits upon the effective date of Ordinance No. 693:
(a) Registration. Within 10 days of the effective date of Ordinance No. 693 each owner, keeper, harborer, or possessor of a pit bull dog or Rottweiler dog shall register such dog with the police department.
(b) Leash and Muzzle. No person shall permit a pit bull dog or Rottweiler 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 or Rottweiler dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person of an age of at least 18 years, who is not under the care of a guardian or conservator, and who is mentally competent, is in physical control of the leash. Such dogs when outside its kennel or pen may not be leashed to inanimate objects such as trees, posts, buildings or structures. In addition, all such dogs when not in its kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.
(c) Confinement. All pit bull dogs and Rottweiler 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 pens, kennels or structures must have secure sides and a secure top attached to the sides. All structures, pens and kennels used to confine pit bull dogs and Rottweiler dogs must be locked with a key or combination lock when such dogs are within the structure unless the owner or caretaker is inside the structure attending to the dog and has taken adequate steps to secure against the dog exiting the structure. These structures, pens and kennels must have a secure 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. All structures, pens and kennels erected to house pit bull dogs and Rottweiler dogs shall be adequately ventilated and kept in a clean and sanitary condition.
(d) Confinement Indoors. No pit bull dog or Rottweiler 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 of its own volition. In addition, no such dog may 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 at the place of these screen windows or screen doors.
(e) Signs. All owners, keepers, harborers or possessors of pit bull dogs or Rottweiler dogs within the city shall, within 10 days of the effective date of Ordinance No. 693, 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 structure, kennel or pen of such dog.
(f) Identification Photographs. All owners, keepers, possessors or harborers of pit bull dogs and Rottweiler dogs must, within 10 days of the effective date of Ordinance No. 693, provide to the city police department two color photographs of the dog clearly showing the color and approximate size of the animal.
(g) Reporting Requirements. All owners, keepers, harborers or possessors of pit bull dogs and Rottweiler dogs must, within 10 days of the incident or event, report the following information in writing to the city police department as required hereinafter:
(1) The removal from the city or death of such dog;
(2) The birth of offspring of such dog;
(3) Any change in the location of the residence of such owner, keeper, harborer or possessor of a pit bull dog or Rottweiler dog to another location within the city limits. (Ord. 693 § 3. Code 1996 § 2-403)
6.20.04 Sale or transfer of ownership prohibited.
No person shall sell, barter or in any other manner transfer possession of a pit bull dog or Rottweiler dog to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the owner of such dog; provided, that the owner of a pit bull dog or Rottweiler dog or the offspring of such dogs to persons who do not reside within the city. Once an owner, harborer, keeper or possessor of such dogs shall move to another residence located outside the city after the effective date of Ordinance No. 693, he or she shall not, should he or she then relocate to the city, be allowed to maintain any pit bull dog or Rottweiler dog within the city limits. (Ord. 693 § 4. Code 1996 § 2-404)
6.20.05 Registered dogs offspring.
All offspring born of pit bull dogs and Rottweiler dogs within the city must be removed from the city within six weeks of the birth of such animal. (Ord. 693 § 5. Code 1996 § 2-405)
6.20.06 Irrebuttable presumptions.
There shall be an irrebuttable presumption that any dog registered with the police department pursuant to the requirements of Ordinance No. 693 is in fact a dog subject to the requirements of Ordinance No. 693. (Ord. 693 § 6. Code 1996 § 2-406)
6.20.07 Failure to comply.
It shall be unlawful for the owner, keeper, harborer or possessor of a pit bull dog or Rottweiler dog within the city to fail to comply with the provisions of Ordinance No. 693. Any dog found to be the subject of a violation of this chapter shall be subject to immediate seizure and impoundment. (Ord. 693 § 7. Code 1996 § 2-406)
6.20.08 Violations and penalties.
Any person violating or permitting the violation of any provisions of this chapter shall upon conviction in municipal court be fined a sum not less than $100.00 nor more than $500.00. In addition to the fine imposed, the court may sentence the defendant to confinement in jail for a period not to exceed 30 days. The court may also order the dog removed from the city within a specified time period not to exceed 30 days. If the defendant shall refuse or fail to remove the dog from the city the municipal court shall find the defendant in contempt and order the immediate confiscation and impoundment of the dog. Upon each day that a violation of this section shall occur it is hereby deemed to constitute a separate offense.
In addition to the foregoing penalties, any person who violates this chapter shall pay all expenses, including sums for shelter, food, handling, veterinary care, and expert testimony, which are necessitated by the person’s failure to abide by the provisions of this chapter. (Ord. 693 § 8. Code 1996 § 2-407)