§ 6.04.370. Keeping of registered pit bulls.

The provisions of Section 6.04.360 of this article are not applicable to owners, keepers, or harborers of pit bull dogs registered with the city as of the effective date of the ordinance codified in this article. The keeping of such dogs, however, shall be subject to the other provisions of this chapter as well as these additional standards:

A.

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 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.

B.

Confinement. 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 imbedded in the ground no less than two feet. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and vented and kept in a clean and sanitary condition.

C.

Confinement Indoors. No pit bull dog may be kept on a porch, patio or in other part of a house or structure that will allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure where the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

D.

Signs. All owners, keepers or harborers of registered pit bull dogs within the city shall, within ten (10) days of the effective date of the ordinance codified in this article, display in a prominent place on their premises a sign, visible at a distance of fifty (50) feet and 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.

E.

Insurance. All owners, keepers or harborers of registered pit bull dogs must, within ten (10) days of the effective date of the ordinance codified in this article, provide proof to the city clerk of public liability insurance in a single incident amount of at least one hundred thousand dollars ($100,000.00) 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 city clerk.

F.

Identification Photographs. All owners, keepers or harborers of registered pit bull dogs must, within ten (10) days of the effective date of the ordinance codified in this article, provide to the city clerk two color 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 dog must, within ten (10) days of the incident, report the following information in writing to the city clerk as required hereinafter:

1.

The removal from the city or death of a registered pit bull dog;

2.

The birth of offspring of a registered pit bull dog;

3.

The new address of offspring of a registered pit bull dog owner should the owner move within the corporate city limits.

H.

Sale of Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog registered within the city to any person within the city unless the recipient person permanently resides 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.

I.

Animals Born of Registered Dogs. All offspring born of pit bull dogs registered within the city must be removed from the city within six weeks of the birth of such animal.

J.

Irrebutable Presumptions. There shall be an irrebutable presumption that any dog registered within the city as a pit bull dog or any of those breeds prohibited by Section 6.04.360 of this article is in fact a dog subject to the requirements of this section.

K.

Failure to Comply. It is 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 Section 6.04.360 and/or this section. Any dog found to be the subject of a violation of Section 6.04.360 and/or this section shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in revocation of the license of such 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 Section 6.04.360 and this section shall, upon conviction in municipal court, be fined a sum not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00). In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty (30) days. In addition, the court shall order the registration of the subject pit bull dog revoked and 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 the violation of Section 6.04.360 and/or this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates Section 6.04.360 and/or this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of Section 6.04.360 and this section.

(Ord. 2938 § 1 (part), 2005)