It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the city:
(a) Any pit bull dog. Pit bull dog is defined to mean:
(1) The bull terrier breed of dogs;
(2) The Staffordshire bull terrier breed of dogs;
(3) The American pit bull terrier breed of dogs;
(4) The American Staffordshire terrier breed of dogs;
(5) Dogs of mixed breed or of other breed than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
(6) Any dog which has the appearance and characteristics of being predominantly 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 these breeds.
(Ord. 279; Code 2016)
The provisions of Section 2-301 are not applicable to owners, keepers and harborers of dogs registered with the city as of the 15th day of April 2008. The keeping of these Pit Bull dogs, however, shall be subject to the following standards:
(a) Leash and Muzzle Law. No person shall permit a pit bull dog to go outside its kennel or pen unless the 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. The dogs may not be leashed to inanimate object 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 the dog from biting persons or other animals.
(b) Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely locked pen or kennel, except when leashed as above provided. The 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 the animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the pen structures erected to house pit bull dogs must comply with all zoning and building regulations of the city. Also the structure 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 the building on its own volition. In addition, no animal may be kept in a house or structure when the windows are open or screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(d) Signs. All owners, harborers, or keepers of registered pit bull dogs within the city shall, within 10 days of the effective date of Ordinance No. 279, 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 the animal.
(e) Insurance. All owners, keepers or harborers of registered pit bull dogs must, within 10 days of the effective date of the Ordinance No. 279, provide proof to the city clerk of public liability insurance in a single incident amount of not less than $50,000 for bodily injury to or death of any person or persons or for damage to property owned by any person which may result from the ownership, keeping or maintenance of the animal. The insurance policy shall provide that no cancellation of 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. 279, provide to the city clerk two colored 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 hereinafter:
(1) Removal from the city or death of a registered pit bull dog;
(2) The birth or offspring of a registered pit bull dog;
(3) The new address of a registered pit bull dog owners should the owner move within the corporate city limits.
(h) Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog registered with 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 the dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of the dog to persons who do not reside within the city.
(i) Animals Born of Registered Dogs. All off spring born to pit bull dogs registered within the city must be removed from the city within six weeks of the birth of the 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 1 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 harborers of a pit bull dog registered with the city to fail to comply with the requirements and conditions set forth in this article. Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. In addition, failure to comply with result in the revocation of the license of the animal resulting in the immediate removal of the animal from the city.
(l) Violations and Penalties. Any person violating or permitting the violation of any provision of this article shall upon conviction in municipal court be fined the sum of not less than $200 and not more than $1,000. 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 article 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.
(m) Severability. If any section, sentence, clause or phrase of this article is for any reason held invalid or unconstitutional by decision of any court or competent jurisdiction the decision shall not affect the validity of the remaining portions of this article.
(Ord. 279; Code 2016)