[Ord. No. 687, 2; 2-4-1987]
It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Williston, North Dakota, any pit bull dog; provided, that pit bull dogs registered with the City on or before the first day of March, 1987 may be kept within the City subject to the standards and requirements set forth in § 4-90 of this article. "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. 687, 2, § 2-4-1987; Ord. No. 1069, 10-24-2017; Ord. No.
1100, § 2-26-2019]
(a)
The provisions of § 4-89 of this article are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Williston on or before the first day of March 1987, the effective date of this article. Further, the provisions of this article are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Williston, who qualify as having a disability or require an animal pursuant to the Americans with Disabilities Act or federal or state fair housing laws. All pit bull dogs shall be registered with the City of Williston and shall be subject to the following standards, except to the extent the standards violate the Americans with Disabilities Act or Fair Housing Act of an individual with a disability:
(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 feet in length. No person shall permit
a pit bull dog 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 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 dog 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 animals
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 10 days of the effective day of this
article 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 10 days of the effective date of this article provide
proof to the City auditor of public liability insurance in a single
incident amount of $50,000 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 10 days' written notice is first given to
the Williston City Auditor.
(6)
Identification photographs. All owners, keepers or harborers of registered
pit bull dogs must within 10 days of the effective date of this article
provide to the City auditor two 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 10 days of the incident, report the following
information in writing to the City auditor 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 with the City must be removed from the City within six
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 § 4-89 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 owner, keeper
or harborer of a pit bull dog registered with the City of Williston
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.
(12)
Violations and penalties. Any person violating or permitting
the violation of any provision of this article shall upon conviction
in municipal court be fined a sum not more than $500. In addition
to the fine imposed the court may sentence the defendant to imprisonment
in the county jail for a period not to exceed 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.
