[CC 1992 §205.330; Ord. No. 411 §1, 12-22-1986; Ord. No. 1543 §1, 8-15-2007]
A.
It shall
be unlawful to keep, harbor, own or in any way possess within the
City limits of the City of Platte City:
1.
Any
warm blooded, carnivorous or omnivorous, wild or exotic animals (including,
but not limited to, non-human primates, raccoons, skunks, foxes and
wild and exotic cats; but excluding fowl, ferrets and small rodents
of varieties used for laboratory purposes).
2.
Any
animal having poisonous bites.
3.
Any pit bull dogs; provided that pit bull dogs registered with the City on December 22, 1986, may be kept within the City subject to the standards and requirements set forth in Section 205.290 of this Article.
4.
"Pit bull dog" is defined to 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 breed or breeds other than the above listed which breed or
mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
[CC 1992 §205.340; Ord. No. 411 §1, 12-22-1986]
A.
The provisions of Section 205.280 of this Article are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Platte City on December 22, 1986. The keeping of such dogs shall, however, 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 (4) 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.
2.
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 embedded in
the ground no less than two (2) 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 ventilated
and kept in a clean and sanitary condition.
3.
Confinement indoors. No pit bull dogs 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 obstacles 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 December
22, 1986, 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 December 22, 1986, provide
proof to the City Clerk of Platte City of public liability insurance
in a minimum amount of fifty thousand dollars ($50,000.00) in a single
incident for bodily injury to or death of any person or persons or
for damage to property owned by any person or 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
of Platte City.
6.
Identification photographs. All owners, keepers or harborers
of registered pit bull dogs must, within ten (10) days of December
22, 1986, provide to the City Clerk 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 City Clerk as required
hereinafter:
8.
Sale or 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 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 within the City must be permanently removed from
the City within six (6) weeks of the birth of such animal.
10.
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 205.280 of this Article is in fact a dog subject to the requirements of this Section.
11.
Failure to comply. It shall be unlawful for the owners,
keeper or harborer of a pit bull dog registered with the City of Platte
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 will result in the revocation of the
license of such animal resulting in the immediate removal of the animal
from the City.
[CC 1992 §205.350; Ord. No. 411 §1, 12-22-1986]
Any person violating or permitting the violation of any provision
of this Article shall upon conviction in Municipal Court be fined
a sum not less than two hundred dollars ($200.00) and not more than
five hundred dollars ($500.00). In addition to the fine imposed, the
court may sentence the defendant to imprisonment for a period not
to exceed thirty (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.
