[Adopted 2-10-2003]
A. 
Any person having custody, ownership or control of a pit bull dog as defined herein must register said dog before the age of six months with the City Clerk of the City of Hornell on a form provided by the City of Hornell. Said form shall require the following information: name, address and telephone number of the dog's owner; the address where said dog is harbored, if different from the owner's address; the dog's sex, color, rabies certificate and tag number and any other distinguishing characteristics of the dog, as well as proof of liability insurance of not less than $100,000 for such registration. Said liability insurance must cover any damage or injury which may be caused by such dog during the twelve-month period for which the registration is sought. Said policy shall contain a provision requiring that the City of Hornell be notified through "certificate of insurance" for the sole purpose that the City Clerk be notified by the insurance company of any cancellation, termination, or expiration of a liability insurance policy.
B. 
For the purposes of this section, "pit bull" means any pit bull terrier of the Staffordshire Bull Terrier, American Staffordshire Terrier or American Pit Bull Terrier breed of dog or any mix breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier, American Staffordshire Terrier or American Pit Bull Terrier as to be identified as partially of the breed of Staffordshire Bull Terrier, American Staffordshire Terrier or American Pit Bull Terrier.
C. 
Should any Animal Control Officer, City of Hornell police officer, representative of the Department of Health or their representatives have probable cause to believe that a dog as defined herein is being harbored within the City of Hornell without being properly registered, said dog shall be subject to immediate seizure. The owner or keeper of the dog shall be entitled to a hearing upon seizure as described herein, and upon the hearing the owner or keeper of any dog found to be in violation of this section shall be subject to a fine of not less than $100 nor more than $250 and/or fifteen days in jail.
D. 
Within three days of the seizure of any dog pursuant to Subsection C, the person seizing said dog shall inform the owner or keeper of the dog in writing that the person's dog is alleged to be in violation of this section and subject to the penalties under this article. Unless the hearing is waived by the owner or keeper of the dog, a hearing shall be conducted no later than 30 days from the date of the seizure. The time and place of the hearing shall be fixed by the court.
E. 
This article shall take effect June 1, 2003.