City of Gallatin, MO Restrictions On Pit Bull And Rottweiler Dogs

[Ord. No. 1069-08 § 1, 4-14-2008]

Except as stated herein, it shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the City any of the following dogs:

Any "pit bull dog" being defined to mean:

The bull terrier breed of dog;

The Staffordshire bull terrier breed of dog;

The American pit bull terrier breed of dog;

The American Staffordshire breed of dog;

Dogs of mixed breed or other breeds than above listed which breed or mixed breed is known as pit pulls, pit bull dogs or pit pull terrier; or

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 bull terriers, or a combination of any of these breeds.

Any "Rottweiler dog" which includes Rottweiler breed dogs, and dogs of mixed breed or any dog which has the appearance and characteristics of being predominately of the Rottweiler breed.

Exceptions. The prohibition of this Section shall not apply in the following enumerated circumstances. Failure by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull/Rottweiler to immediate impoundment, and shall operate to prevent the owner from asserting such exception as a defense in any prosecution under this Section.

The owner of a pit bull/Rottweiler dog which dog is located in the City on or before the date of passage of the ordinance enacting this Section who applies for and receives a pit bull/Rottweiler breed license in accordance with this Section, and who maintains the pit bull/Rottweiler breed at all times in compliance with the pit bull/Rottweiler breed license requirements of this Section and all other applicable requirements of the City ordinances, may keep the same pit bull/Rottweiler within the City.

The City's Animal Shelter may temporarily harbor and transport any pit bull/Rottweiler for purposes of enforcing the provisions of this Chapter.

Any non-profit animal welfare organization lawfully operating an animal shelter in the City may temporarily hold any pit bull/Rottweiler that it has received or otherwise recovered, but only for so long as it takes to contact the City's Animal Shelter and either turn the pit bull/Rottweiler over to the City Animal Shelter employees or receive permission to destroy or have destroyed the pit bull/Rottweiler.

A person may temporarily transport into and hold in the City a pit bull/Rottweiler only for the purpose of showing such pit bull/Rottweiler in a place of public exhibition, contest or show sponsored by a dog club association or similar organization. However, the sponsor of the exhibition, contest, or show must receive written permission from the Chief of Police, must obtain any other permits or licenses required by City ordinance, and must provide protective measures adequate to prevent the pit bull/Rottweiler from escaping or injuring the public. The person who transports and holds a pit bull/Rottweiler for showing shall, at all times when the pit bull/Rottweiler is being transported within the City to and from the place of exhibition, contest, or show, keep the pit bull/Rottweiler confined in a secure temporary enclosure as defined in this Article.

The owner of a pit bull/Rottweiler may temporarily transport a pit bull/Rottweiler continuously through the City only if such pit bull/Rottweiler is being transported either from a point outside the City directly to a destination outside the City, or from a point outside the City to an airport, train station or bus station within the City. During such transportation, the owner may only stop in the City where such stoppage is necessary and solely related to the continuing ability of the owner to continue said transportation, including, but not limited to the refueling or repair of a motor vehicle. The pit bull/Rottweiler must be maintained at all times inside a secure temporary enclosure, as defined in this Article, which may include inside of the passenger compartment of a private motor vehicle, with all accessible windows closed; adequate shelter must be maintained for such pit bull/Rottweiler confined in a motor vehicle.

Owner Requirements. The owner of any pit bull/Rottweiler dog, which dog is located within the City on or before the date of passage of the ordinance enacting this Section, shall be allowed to keep such pit bull/Rottweiler within the City upon compliance with the terms of this Article if the owner applies for and receives an annual pit bull/Rottweiler license within sixty (60) days of the passage of the ordinance enacting this Section. As a condition of issuance of a pit bull/Rottweiler license, the owner shall at the time of application comply with or otherwise provide sufficient evidence that the owner is in compliance with all of the following regulations:

The owner of the pit bull/Rottweiler shall provide proof of continuous rabies vaccination, and shall pay the initial pit bull/Rottweiler license fee of one hundred and fifty dollars ($150.00) and annual renewal fee of one hundred dollars ($100.00) thereafter.

The owner of the pit bull/Rottweiler shall keep current the license for such pit bull/Rottweiler through annual renewal. Such license is not transferable and shall be renewable only by the holder of the license or by a member of the immediate family of such licensee. A pit bull/Rottweiler license tag will be issued to the owner at the time of issuance of the license. Such license tag shall be attached to the pit bull/Rottweiler by means of a collar or harness and shall not be attached to any pit bull/Rottweiler other than the pit bull/Rottweiler for which the license was issued. If the pit bull/Rottweiler tag is lost or destroyed, a duplicate tag may be issued upon the payment of a twenty dollar ($20.00) fee.

The owner must be at least eighteen (18) years of age.

The owner shall present to the City Administrator proof that the owner has procured liability insurance in the amount of at least three hundred thousand dollars ($300,000.00). At the time of subsequent registration, the owner, keeper or harborer must show proof of insurance for the present registration period and proof that there was insurance coverage throughout the period of the prior registration period.

The owner shall, at the owner's expense, have the pit bull/Rottweiler spayed or neutered and shall present to the City Clerk documentary proof from a licensed veterinarian that this sterilization has been performed. This Subsection shall not apply to any pit bull/Rottweiler which is registered with the American Kennel Club, American Dog Breeders Association or the United Kennel Club and has had or sired offspring born prior to the ordinance enacting this Section that were sold and were registered with the American Kennel Club or the United Kennel Club.

Confinement Of Dog.

(1)

At all times when a pit bull/Rottweiler is at the property of the owner within the City, the owner shall keep the pit bull/Rottweiler confined. A dog is "confined" as the term is used in this Section if such dog is securely confined in the owner's residential structure or confined in a secure, fully enclosed structure which meets the following requirements:

(a)

The enclosure must have no more than a single entrance, with secure sides and a secure top, or all sides must be at least six (6) feet high and provide adequate shelter;

(b)

The enclosure must have a bottom permanently attached to the sides or sides embedded into the ground not less than two (2) feet; and

(c)

The enclosure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own; and

(d)

The enclosure used to confine pit bull dogs must be locked with a key or combination lock when such animals are within the structure; and

(e)

The enclosure must be secured against the unauthorized entry by a minor on their own accord; and

(f)

A legible sign must be posted and continuously maintained at each possible enclosure entrance where the pit bull is kept. Such sign must be rectangular with dimensions of twelve (12) inches in height by eighteen (18) inches in width, with lettering of not less than two (2) inches in height and proportional width that shall read as follows: "DANGEROUS DOG ON PREMISES."; and

(g)

A pit bull/Rottweiler dog shall not be kept on a porch, patio or any part of the house or structure that would allow the dog to exit such structure on its own volition. In addition, no such dog may be kept in a structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure; and

(h)

No part of a property line fence shall be part of any enclosure, unless the entire line fence forms the enclosure and conforms in its entirety to the requirements of this Section.

(2)

This Section does not relieve the owner, possessor or keeper of a dog from the obligation to comply with any Section of the City Zoning Code or Building Code[1] concerning requirements for the placement or construction of fences or dog kennels.

[1]

Editor's Note: See Chapters 405, Zoning Regulations, and 500, Building Codes and Regulations, of this Code.

At all times when the pit bull/Rottweiler is away from the property of the owner, the owner shall keep the pit bull/Rottweiler either securely attached to a leash not more than four (4) feet in length of sufficient strength to control the pit bull/Rottweiler dog and a secondary restraint attached to a prong training collar or choke collar, both securely held by a person of at least eighteen (18) years of age who is capable of controlling the pit bull/Rottweiler, or in a secure temporary enclosure, as that term is defined in this Section. The pit bull/Rottweiler may not be leashed to inanimate objects, such as trees, posts, buildings, etc. In addition, all pit bull/Rottweiler dogs outside the dog's enclosure must be muzzled by a heavy leather or steel cage type muzzle sufficient to prevent such dog from biting persons, animals, or the muzzle.

Offspring. All offspring born of pit bull/Rottweiler dogs registered with the City must be removed from the City within twelve (12) weeks of the birth of such dog.

A "secure temporary enclosure," for purposes of this Section, is a secure enclosure used for purposes of transporting a pit bull/Rottweiler and which includes a top and bottom permanently attached to the sides, except for a "door" for removal of the pit bull/Rottweiler. Such enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull/Rottweiler cannot exit the enclosure on its own or have the capacity to bite any person in close proximity to the enclosure.