[Ord. No. 87-13 §1, 12-15-1987; Ord. No. 98-09 §1, 3-17-1998]
A.
It
shall be unlawful to keep, harbor, own or in any way possess within
the City limits of the City of Albany, Missouri:
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 dog; provided, that pit bull dogs registered with the City on or before December 15, 1987, may be kept within the City subject to the standards and requirements set forth in Section 215.180. "Pit bull dog" is defined to mean:
a.
The bull terrier breed of dog;
b.
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 of other breeds than above listed, which breed
or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
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, any other breed
commonly known as pit bulls, pit bull dogs or pit bull terriers; or
a combination of any of these breeds.
[Ord. No. 87-13 §1, 12-15-1987]
A.
The provisions of Section 215.170 are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Albany on or before December 15, 1987. 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 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 December
15, 1987, 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 15, 1987, provide
proof to the Albany City Clerk 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 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) day's written notice is first given to the Albany City Clerk.
6.
Identification requirements. All owners, keepers
or harborers of registered pit bull dogs must within ten (10) days
of December 15, 1987, 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 Albany 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
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 within the City must be 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 in Section 215.170 is in fact a dog subject to the requirements of this Section.
11.
Failure to comply. It shall be unlawful for the
owner, keeper or harborer of a pit bull dog registered with the City
of Albany 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.
[Ord. No. 98-09 §2, 3-17-1998]
A.
The provisions of Section 215.170 are not applicable to owners, keepers or harborers of rottweiler dogs registered with the City of Albany on or before March 17, 1998. The keeping of such dogs shall, however, be subject to the following standards:
1.
Leash and muzzle. No person shall permit a registered
rottweiler 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 rottweiler 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 rottweiler
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 rottweilers shall be
securely confined indoors or in a securely enclosed and locked pen
or kennel, except when leashed and muzzled as above provided. Such
structures used to confine registered rottweiler 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 rottweilers
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 rottweiler 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
rottweilers must within ten (10) days of April 1, 1998, 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
rottweilers shall within thirty (30) days of March 17, 1998, provide
proof to the Albany City Clerk 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 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 Albany City Clerk.
6.
Identification requirements. All owners, keepers
or harborers of registered rottweilers must within thirty (30) days
of March 17, 1998, 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 rottweilers must within ten (10) days of the incident,
report the following information in writing to the Albany 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 rottweiler 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 rottweiler 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 rottweilers registered within the City must be 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 rottweiler or any of those breeds prohibited in Section 215.170 is in fact a dog subject to the requirements of this Section.
11.
Failure to comply. It shall be unlawful for the
owner, keeper or harborer of a rottweiler dog registered with the
City of Albany to fail to comply with the requirements and conditions
set forth in this Section. Any dog found to be 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.
