(a) The Governing Body of the city finds as follows.
(1) Instances of attacks by pit bull and rottweiler dogs have occurred upon members of other communities.
(2) As breeds of dogs, pit bulls and rottweilers are inherently dangerous dogs.
(3) The possession of a pit bull or rottweiler dog within the city poses a significant threat to the public’s health, safety and welfare.
(4) Protective measures by pit bull and rottweiler dog owners are inadequate to protect the public from attacks by these animals.
(b) It shall be unlawful to own, keep, harbor or in any way possess within the city any pit bull dog or rottweiler dog.
(1) PIT BULL dog shall mean:
(A) The bull terrier breed of dog;
(B) The Staffordshire bull terrier breed of dog;
(C) The American pit bull terrier breed of dog;
(D) The American Staffordshire terrier breed of dog;
(E) Dogs of mixed breeds or of breeds other than listed above which are known as pit bulls, pit bull dogs or pit bull terriers; and
(F) 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 or any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers, or a combination of any of these breeds.
(2) ROTTWEILER DOG means any dog which has the appearance and characteristics of being predominantly of the Rottweiler breed of dog.
(c) Keeping of registered pit bulls and rottweiler dogs: the provisions of subsection (b) above shall not apply to any owner of a pit bull or rottweiler dog that is properly registered with the city as of December 31, 2007. The keeping of any such dog, however, shall be subject to the following standards and requirements.
(1) Confinement. Any such registered pit bull or rottweiler dog:
(A) Shall be securely confined indoors. No pit bull or rottweiler dog shall 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 shall 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 dog from exiting the structure; or
(B) Shall be secured in an enclosed and locked pen or yard enclosure which strictly complies with the following specifications:
(1) Have a secure top which is attached to the side walls on all sides;
(2) The sides must be secure and either attached to a secure bottom or floor, or securely embedded not less than two feet in the ground;
(3) Locked with a key or combination lock at all times when the animal is within the structure;
(4) Adequately lighted and ventilated and kept in a clean and sanitary condition; and
(5) Comply with all zoning and building regulations of the city.
(2) Leash and muzzle requirement. Any such registered pit bull or rottweiler dog shall not be allowed outside of its pen or yard enclosure:
(A) Unless adequately secured with a leash no longer than four feet in length which shall be in the physical control of a person capable of controlling such animal;
(B) Shall not at anytime be tethered by a chain, rope or other type of leash which is attached or secured to an inanimate object such as a tree, post, building and the like; and
(C) Shall be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(3) Signs. The owner of any such registered pit bull or rottweiler dog shall display in a prominent place on their premises and on any pen or yard enclosure a sign easily readable by the public using the words “Beware of Dog.”
(4) Insurance. The owner of any such registered pit bull or rottweiler dog shall provide to the City Clerk each year at the time of registering such animal proof of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person, or for damage to property owned by any person, which results from the ownership or keeping of such animal. Such insurance policy shall provide that no cancellation of the policy can occur unless ten days prior written notice of such cancellation is given to the City Clerk.
(5) Identification photograph. The owner of any such registered pit bull or rottweiler dog shall provide to the City Clerk at the time of registering such animal two color photographs of the animal which clearly shows the color and approximate size of the animal.
(6) Reporting requirements. The owner of any registered pit bull or rottweiler dog shall, within ten days of any of the following incidents, report the following information in writing to the City Clerk:
(a) The removal from the city or death of a registered pit bull or rottweiler dog;
(b) The birth of offspring of a registered pit bull or rottweiler dog; and
(c) The new address of the owner of a registered pit bull or rottweiler dog should the owner move within city.
(7) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of any such registered pit bull or rottweiler dog to any other person within the city unless the recipient person resides permanently in the same household and premises as the registered owner of such dog.
(8) Animals born of registered dogs. All offspring born to a registered pit bull or rottweiler dog must be removed from the city within six weeks of the birth of such animal.
(9) Presumption. There shall be an irrebuttable presumption that any dog registered with the city as a pit bull or rottweiler dog or any breed prohibited by subsection (b) above, is subject to the requirements of this section.
(10) Violations and penalties.
(A) It shall be unlawful for any person to fail to comply with the requirements and conditions set forth in this section.
(B) Each day that a violation of this section continues shall be deemed a separate offense.
(C) Whenever a law enforcement officer, or anyone having authority as an Animal Control Officer for the city, has reasonable grounds to believe that any pit bull or rottweiler dog is in violation of this section, such animal shall be subject to immediate seizure and impoundment.
(D) Any person violating or permitting the violation of any provision of this section shall, upon conviction in Municipal Court, be fined a sum not less than $200 and not more than $1,000, and shall be ordered to pay all impoundment fees and expenses for shelter, food, handling, veterinary care, witness fees, and court costs necessitated by the enforcement of this section. In addition, the court may:
(1) Sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days; or
(2) Order the registration of the subject pit bull or rottweiler dog revoked and the dog removed from the city.
(Prior Code, § 2-211) (Ord. 1415, passed 1-7-2008)