A. Pit Bull Dog Defined: A "pit bull dog" shall include any of the following:
1. The bull terrier breed of dog.
2. The Staffordshire bull terrier breed of dog.
3. The American pit bull terrier breed of dog.
4. The American Staffordshire terrier breed of dog.
B. Keeping Of Registered Pit Bull Dogs; Requirements: The prohibition of subsection 5-7-1C of this chapter shall not apply to pit bull dogs registered with the city within ten (10) days of the effective date hereof. The keeping of such dog shall be subject to the following standards:
1. Leash And Muzzle: No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet (4') 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. Such dogs may not be leashed to inanimate objects 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 such dog from biting persons or other animals.
2. Confinement:
a. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such 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 such animals are within the structure. Such structure must 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 (2'). All structures erected to house pit bull dogs must comply with all zoning and building regulations of the city.
b. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
3. 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 such building on its own volition. In addition, no such animal may 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.
4. Signs: All owners, keepers or harborers of registered pit bull dogs within the city shall, within ten (10) days of the effective date hereof, 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 such animal.
5. Insurance: All owners, keepers or harborers of registered pit bull dogs must, within ten (10) days of the effective date hereof, provide proof to the Poteau animal control officer of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons, or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the Poteau animal control officer.
6. Identification Photographs: All owners, keepers or harborers of registered pit bull dogs must, within ten (10) days of the effective date hereof, provide to the animal control officer two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.
7. Reporting Requirements: All owners, keepers or harborers of registered pit bull dogs must, within ten (10) days of the incident, report the following information in writing to the Poteau animal control officer as required hereinafter:
a. The removal from the city or death of a registered pit bull dog;
b. The birth of offspring of a registered pit bull dog;
c. The new address of a registered pit bull dog owner should the owner move within the corporate city limits.
8. Sale Or Transfer Of Ownership: 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 such dog; provided, that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the city.
9. Animals Born Of Registered Dogs: All offspring born of pit bull dogs registered with the city must be removed from the city within six (6) weeks of the birth of such animal.
10. Registration; Fee: All pit bull dogs shall be registered by the owner with the animal control officer of the city within ten (10) days of the effective date hereof. No pit bull dog shall be registered by the animal control officer if the requirements of subsections B5 and B6 of this section are not complied with at the time of application. In addition to the regular fees required by the city, an additional fee of ten dollars ($10.00) shall be charged for each pit bull dog so registered.
11. 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 listed in subsection A of this section is in fact a dog subject to the requirements of this section and section 5-7-1 of this chapter.
12. Failure To Comply: It shall be unlawful for the owner, keeper or harborer of a pit bull dog registered with the city to fail to comply with the requirements and conditions set forth in this section. Any dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal, resulting in the immediate removal of the animal from the city.
C. Violation; Penalties:
1. Any person violating or permitting the violation of any provision of this section or section 5-7-1 of this chapter shall, upon conviction in municipal court, be fined a sum not more than one hundred dollars ($100.00), plus costs.
2. In the event the violation shall involve a registered pit bull dog or other animal covered by this section or section 5-7-1 of this chapter, the court shall order the registration of the subject pit bull dog revoked and the animal removed from the city.
3. Should the defendant owners refuse to remove the animal from the city, the municipal court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal.
4. If the owner shall continue to refuse to remove the animal from the city, the municipal court judge shall issue any other orders necessary to carry out the intent of this section or section 5-7-1 of this chapter.
5. Each day that a violation of this section or section 5-7-1 of this chapter continues shall be deemed a separate offense.
6. In addition to the foregoing penalties, any person who violates this section or section 5-7-1 of this chapter shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this section or section 5-7-1 of this chapter. (Ord. 462, 2-4-1991)