Chapter 6.10
PIT BULL DOGS
Sections:
6.10.020 Keeping of pit bull dogs prohibited.
6.10.030 Impound and destruction of pit bull dogs—Removal from city—Appeals.
6.10.035 Violation—Civil penalty.
6.10.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the definitions set out in this section apply:
“Pit bull dog” means any pit bull terrier over the age of eight weeks.
“Pit bull terrier” means any American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, Staffordshire bull terrier or American Staffordshire terrier so as to be identifiable as partially of the breed American pit bull terrier, Staffordshire bull terrier or American Staffordshire terrier. (Ord. 538 § 1 (part), 2003)
6.10.020 Keeping of pit bull dogs prohibited.
A. It is unlawful to keep, harbor, own, or in any way possess a pit bull dog within the city unless such pit bull dog is licensed and has passed a city issued or sanctioned behavioral test administered by the city animal control officer, or authorized designee, as further set forth in this section.
B. The owner of a pit bull dog shall pay a nonrefundable fee to the city prior to the pit bull dog taking the city’s behavioral test. The nonrefundable fee shall include the city or authorized designee’s cost of administering the test and administrative processing. The nonrefundable fee shall be paid prior to each test including any retest. Such fee shall be set by resolution of the city council from time to time. In the event the applicant is authorized, at the discretion of the mayor, to use a separate person or entity to administer the required test, and the applicant pays the costs for such test directly to the provider, the city shall discount the nonrefundable fee to exclude the costs of administering the test.
C. The city required behavioral test shall be equivalent to the American Kennel Club Canine Good Citizenship Test and shall determine whether the pit bull dog is safe to remain in the community. If the pit bull dog passes the behavioral test, then it shall be considered exempt from the requirements of this chapter for a period of two years and may be licensed as any other breed. The city or authorized designee shall provide a certificate of completion indicating that the pit bull dog has passed the behavioral test. Upon receipt of certification, the dog shall be entitled to remain in the city for up to two years, so long as it remains in compliance with applicable city codes. After two years, the pit bull dog will be required to retest with the city animal control officer or authorized designee in order to maintain its exempt status. If the pit bull dog fails to pass the test on its first try, it will be allowed to retake the test after one week. If the pit bull dog fails to pass the city required behavioral test upon retest, or if no retest is sought, the city may begin enforcement actions under this chapter. All additional retests shall require a one-year waiting period from the date of prior retest failure and shall only be allowed if the owner of the pit bull dog has properly complied with the requirements of this chapter and has paid the required nonrefundable testing fee.
D. For the first offense, a violation of this section is a civil infraction which subjects the offender to a monetary penalty of up to two hundred fifty dollars. Any second or subsequent offense of this section within one year of the first offense shall be a civil infraction which subjects the offender to a monetary penalty of up to five hundred dollars. For purposes of this section, proof of a prior violation by an individual shall not require proof that the same pit bull dog is involved. Each day of violation shall be a separate offense.
E. This chapter shall not apply to pit bull dogs which are located entirely within an enclosed vehicle while traveling through the city on any portion of a state highway located within the city. (Ord. 706 § 1, 2019: Ord. 538 § 1 (part), 2003)
6.10.030 Impound and destruction of pit bull dogs—Removal from city—Appeals.
A. Whenever a pit bull dog is found within the city in violation of Section 6.10.020, the animal shall be temporarily detained or impounded by the city animal control authority for the purpose of identifying the pit bull dog for enforcement purposes. Whenever a pit bull dog is found within the city, the owner shall be notified in writing of the prohibitions contained in this chapter, the amount of penalties imposed for violation of this chapter (if any), the procedure required to redeem the animal if the animal has been impounded, and a warning that the animal will be destroyed in an expeditious and humane manner if the animal is not claimed within five days of the date of the notice. Such notice shall be served upon the owner by personal delivery to the owner, or if the owner is not present, then upon any person of suitable age and discretion residing at the owner’s residence, or by certified and U.S. mail. The owner shall be responsible for any kenneling and control fees incurred during the period of temporary detainment or impoundment. In the event a detained or impounded animal is not claimed within five days of the date of notification of impoundment by the city, or an appeal filed pursuant to subsection (C) of this section, the animal shall be humanely destroyed by the city, and the costs of such destruction shall be charged to the owner. No animal shall be destroyed while an appeal is pending.
B. An owner of a pit bull dog must permanently remove the pit bull dog from the city within three days of the date of the written notice required by subsection (A) of this section.
C. An owner may appeal the written notice set forth in subsection (A) of this section for the limited purpose of demonstrating that the animal identified in the notice is not a pit bull dog (including mixed breed). Any such appeal shall be filed in writing with the city animal control authority within three days of the date of the notice. Within five days of receipt of the notice, the animal control authority shall schedule a meeting with the owner wherein the owner may give, orally or in writing, any reasons or information as to why the animal should not be classified as a pit bull dog. Unless the parties agree otherwise, the meeting must be scheduled to occur within fifteen days of the date of the notice provided to the owner pursuant to subsection (A) of this section. The animal control authority must issue its final determination, in the form of a written order, within five calendar days following the meeting. In the event the animal control authority determines that the animal has been appropriately classified as a pit bull dog, the order shall include a statement advising the owner that the animal must be removed from the city within three days of the date of the order. While the appeal is pending, the animal control authority may order that the animal be confined or controlled. If the animal is determined to be a pit bull dog, the owner must pay all costs of confinement, control and destruction (if not claimed), as well as any penalties imposed for the violation of this chapter. (Ord. 645 § 1, 2014: Ord. 538 § 1 (part), 2003)
6.10.035 Violation—Civil Penalty.
Failure to comply with the provisions of this chapter shall subject the violator to a monetary civil penalty of two hundred fifty dollars for each offense. (Ord. 645 § 2, 2014)
6.10.040 Keeping of licensed pit bull dogs.
Repealed by Ord. 645. (Ord. 538 § 1 (part), 2003)