[CC 1985 § 4-34; Ord. No. 887 § 1, 3-5-2007]
As used in this Article, the following
terms shall have the meanings indicated:
The bull terrier breed of a dog;
Staffordshire bull terrier breed
of a dog;
The American pit bull terrier breed
of a dog;
The American Staffordshire terrier
breed of a dog;
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;
Any dog which has the appearance
and characteristics of being predominantly of the breeds of the bull
terriers, Staffordshire bull terrier, American pit bull terrier, American
Staffordshire terrier, and any other breed commonly known as pit bulls,
pit bull dogs or pit bull terriers, or a combination of any of these
breeds.
[CC 1985 § 4-35; Ord. No. 887 § 2, 3-5-2007]
A.
With respect to pit bull dogs licensed
with the City, on the effective date of the passage of this Division,
the keeping of such dogs shall be subject to the following limitations,
requirements and conditions:
1.
Registration. Within thirty (30)
days after the passage of this Division, every keeper or owner of
a pit bull in the City shall register the dog. Failure to so register
shall constitute a violation of this Division. Notice of this requirement
shall be given by posting a copy of this Division on the bulletin
board of the City Hall.
2.
Leash And Muzzle. No person shall
permit a registered pit bull 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 and dog. Such dog may
not be leashed to 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 a
dog from biting persons or other animals.
3.
Confinement. All 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 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 must be embedded
in the ground no less than one (1) foot. 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. No pit bull dog may be
kept on a porch, patio or 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 pit bull dogs within the City shall, within ten (10) days of the
effective date of this Section, display in a prominent place on their
premises a sign, reading in letters not less than two (2) inches high,
"Beware Pit Bull Dog Here," and easily readable by the public. 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 pit bull dogs must within thirty (30) days of the effective
date of this Division, provide proof to the Police Chief of insurance
in a single incident amount of fifty thousand dollars ($50,000.00)
for bodily injury 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 St. James Police Department.
6.
Reporting Requirements. All owners,
keepers or harborers of pit bull dogs must, within ten (10) days of
any of the following incidents, report said information in writing
to the Police Department.
7.
Sale Or Transfer Of Ownership. No
person shall sell, barter or in any other way dispose of a pit bull
dog to any person within the City, provided that the owner of a pit
bull dog may sell or otherwise dispose of a dog or the offspring of
such dog to persons who do not reside within the City.
8.
Animals Born Registered Hereunder.
All offspring born of pit bull dogs within the City must be removed
from the City within six (6) weeks of their birth.
9.
Failure To Comply. It shall be unlawful
for the owner, keeper or harborer of a pit bull dog within the City
to fail to comply with the limitations, requirements and conditions
set forth in this Section. Any dog found to be the subject of a violation
of this Division shall be subject to revocation of the license and
immediate seizure and impoundment. The owner shall be required to
take necessary action to dispose of such pit bull.
10.
Violations And Penalties. Any person
violating or permitting the violation of any provision of this Division 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
in the county jail for a period not to exceed ninety (90) days. In
addition, the court shall order the license 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 Division
continues shall be deemed a separate offense. In addition to the foregoing
penalties, any person who violates this Division shall pay all expenses,
including shelter, food, handling, veterinary care and testimony necessitated
by the enforcement of this Section.
11.
Sale, Delivery Or Adoption. It shall
be unlawful for any pet store, dog kennel, humane society or any other
agency to adopt, sell or otherwise deliver any pit bull dog, as defined
herein, to any person who resides within the corporate City limits.
