Chapter 6.10
PIT BULL DOGS
Sections:
6.10.020 Keeping of pit bull dogs.
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. 800 § 1 (part), 2007)
6.10.020 Keeping of pit bull dogs.
A. It is unlawful to keep, harbor, own, or in any way possess a pit bull dog within the city unless such pit bull dog is licensed and contained as required by Section 6.10.040(A) or has passed the city behavioral test administered by the city police chief or his/her designee.
B. The owner of a pit bull dog shall pay a nonrefundable fee to the city prior to the pit bull dog taking the city behavioral test. The nonrefundable fee shall be paid prior to each test including any retest. Such fee shall be set by resolution of the city council.
C. The city behavioral test shall be equivalent to the American Kennel Club Canine Good Citizenship Test as the same exists now or as it may be hereafter amended. If the pit bull dog passes the behavioral test, then it shall be considered exempt from the requirements of Section 6.10.040 for a period of two years and may be licensed as any other breed. The city shall provide a certificate of completion indicating that the pit bull dog has passed the behavioral test and may remain in the city. After two years, the pit bull dog will be required to retest in order to maintain its exempt status. If the pit bull dog fails to pass the behavioral test on its first try, it will be allowed to retake the test after one week. If a pit bull dog fails to pass the behavioral test on the second test (the retest) or no retest is sought, and it remains in the city, the pit bull dog owner shall be subject to the provisions set forth in Section 6.10.040 and this subsection C. All additional retests shall require a one-year waiting period from the date of prior retest failure and shall only be allowed if the owner of a pit bull dog has properly complied with the requirements of Section 6.10.040 and has paid the required nonrefundable testing fee.
D. For the first offense, a violation of this section 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 section 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 section, 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.
E. 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. 925 § 1, 2020: Ord. 889 § 1, 2017: Ord. 800 § 1 (part), 2007)
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 requirements and prohibitions contained in this chapter and of the procedure required to license or redeem the animal (if confiscated). 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 an unlicensed 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 transferred by the city’s animal control authority to a new owner outside the city where keeping pit bull dogs is lawful or it shall be humanely destroyed by the city.
B. An owner of an unlicensed pit bull dog that has not passed the city behavioral test must either remove the pit bull dog from the city or license the pit bull dog in compliance with Section 6.10.040(A) within ten days of the notice required by subsection A of this section. Whenever any pit bull dog is found within the city a second time ten 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 B shall be transferred by the city’s animal control authority to a new owner outside the city limits where keeping pit bull dogs is lawful or it shall be humanely destroyed by the city. (Ord. 925 § 2, 2020: Ord. 889 § 2, 2017: Ord. 800 § 1 (part), 2007)
6.10.040 Keeping of licensed pit bull dogs.
A. An owner may keep a licensed pit bull dog in the city if it has passed the city behavioral test and received a certificate of completion, or if the pit bull dog has not passed the behavioral test the licensed dog may remain in the city; provided, that the owner complies with each of 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 Section 6.04.010, by purchasing for such dog the annual registration for potentially dangerous dogs pursuant to Section 6.04.100 if such annual registration is different than the regular annual dog license requirements applicable to all dogs. Such registration must be purchased within ten days of bringing the dog into the city and must be kept current. In addition, the owner shall meet all other requirements of Section 6.04.100 pertaining to the keeping of a pit bull dog.
2. Purchase of License for Pit Bull Dog. The owner of a pit bull dog must purchase an annual license for such pit bull dog, if no potentially dangerous dog license is required to be purchased by resolution of the city.
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 licensed and designated as potentially dangerous dogs as provided in this chapter or 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 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.
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.
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 within ten days of bringing the dog into the city.
11. Identification Photographs. The owner of a licensed pit bull dog shall provide the city clerk four three-inch by five-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 within ten days of bringing the dog into the city.
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. 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 within ten days of bringing the dog into the city.
14. Parks Prohibition. Licensed pit bull dogs are prohibited from being present in any city park at any time.
B. 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. 925 § 3, 2020: Ord. 889 § 3, 2017: Ord. 800 § 1 (part), 2007)