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HomeMy WebLinkAbout1987-3034 DEFINING PIT BULL DOG AND BANNING THEM ORDINANCE NO. 3 3 4 AN ORDINANCE relating to public safety and morals; defining Pit Bull Dog and banning them; providing an exception to the ban on establishing regulations and enacting a new Chapter "6.18 Pit Bull Dogs" and Sections 6.18.010, 6.18.020, and 6.18.030 thereof, all of the City of Yakima Municipal Code. WHEREAS, "Pit Bull Terriers" as defined herein, are recognized breeds and readily identifiable by lay persons; and WHEREAS, the breeds have been the breeds universally and historically selected and bred for dog fighting; and WHEREAS, the breeds are unique among dogs in that they possess characteristics of aggression, strength, gameness, viciousness, predaceousness, unpredictability, and savagenous not possessed by any other breed of dog; and WHEREAS, the breeds attack without warning for the purpose of killing or destroying their victims; and WHEREAS, the breeds possess an unusual bite in that they bite and hold their jaws locked shut while continuing to grind the premolars and molars into the flesh and frequently the dog's jaws must be pried open in order to release the bite; and WHEREAS, the breeds are almost impossible to confine without resorting to fortress-like measures; Pit Bull Terriers can climb over high chain link fences and trees, tear metal sheeting with its teeth, attack through chain link fencing, tear loose its collars; digs under fences and walls, all making the normal laws relating to use of leashes and keeping dogs confined ineffective and useless with respect to these breeds; and WHEREAS, the breeds are considered twice as strong as any other dog, and are able to defeat other dogs or animals in fights, usually resulting in the death of the victim; and WHEREAS, although other breeds of dogs have attacked and killed or seriously injured humans and other animals, Pit Bull Terriers have been guilty far in excess of any other breed in proportion to its population; and WHEREAS, the City Council finds that recent unprovoked attacks by Pit Bull Terriers upon children and adults residing in the City of Yakima constitutes a serious threat to the safety and welfare of the residents of the City of Yakima requiring a ban against the ownership and keeping of such dogs within the City of Yakima, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.18 "F'it Bull Dogs" of the City of Yakima Municipal Code together with sections thereto is hereby enacted as a new chapter and new sections to read as follows: "CHAPTER 6.18 PIT BULL DOGS • 6.18.010 Definitions. "Pit Bull Dog" shall mean any dog over the age of six months known by the owner to be a Pit Bull Terrier. Pit Bull Terrier shall mean any Bull Terrier, American Pit Bull Terrier, or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as partially of the breed Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. 6.18.020 Keeping of Pit Bull Dogs Prohibited. A. It is unlawful to keep, or harbor, own or in any way possess a Pit Bull Dog within the City of Yakima. STLIV Li 6.18.030 Keeping of Licensed Pit Bull Dogs. A. The provisions of section 6.18.020 of this Chapter shall not be applicable to any owners, keepers, or harborers, of Pit Bull Dogs licensed by the City of Yakima before the effective date of this Chapter. The phrase "licensed within the City of Yakima" and "licensed" when used in this Chapter shall mean licensed pursuant to the terms of Chapter 6.22 of the City of Yakima Municipal Code. The keeping of such licensed dogs shall be subject to the following standards: 1. Sale or Transfer of Ownership Prohibited. No person shall sell, barter, or in any other way dispose of a Pit Bull Dog licensed within 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 licensed owner of such dog; provided, that the owner of a licensed Pit Bull Dog may sell or otherwise dispose of a licensed dog or the offspring of such dog to persons who do not reside within the City. 2. Animals Born to Licensed Dogs. All offspring born to Pit Bull Dogs licensed with the City shall be removed from the City within six (6) weeks of the birth of such animal. 3. Reportin_; Requirements. All owners, keepers, or harborers of licensed Pit Bull Dogs shall within ten (10) days of the following occurrence, report the following information in writing to the City Clerk or Animal Control Officer as required hereinafter: (a) The removal from the City or death of a licensed Pit Bull Dog; (b) The birth of offspring of a licensed Pit Bull Dog; (c) The new address of the owner of a licensed Pit Bull Dog should the owner move within the City limits. 4. Leash and Muzzle. No person shall permit a licensed Pit Bull Dog 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 licensed 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. Such dogs shall not be leashed to inanimate objects such as trees, posts, or buildings. In addition, all licensed Pit Bull Dogs on a leash outside the animal's kennel shall be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. 5. Confinement. All licensed Pit Bull Dogs shall be securely confined indoors or in a securely enclosed and locked pen, kennel or structure, except when leashed and muzzled as above provided. Such pen, kennel or structure shall have secure sides and a secure top attached to the sides as to prevent such animals from escaping. Any pen, kennel or structure used to confine licensed Pit Bull Dogs shall be locked with a key or combination lock when occupied by such animals. Such pen, kennel or structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. Any pen, kennel or structure erected to house Pit Bull Dogs shall comply with all zoning and building regulations of the City. Any pen, kennel or structure shall be adequately lighted and ventilated and kept in a clean and sanitary condition. 6. Confinement Indoors. No licensed Pit Bull Dog shall be kept • on a porch, patio, or in any part of a house or structure which would allow such dog to exit such building on its own volition. In addition, no such animal shall 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. 7. Signs and Special Collars. All owners, keepers, or harborers, of licensed Pit Bull Dogs shall within ten (10) days of the effective date of this Chapter 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 shall be posted on the kennel or pen of such animal. All licensed Pit Bull Dogs shall be identified by means of a blaze orange collar at least two inches wide. STLIV L2 8. Identification Photographs and Tattoos. All owners, keepers, or harborers of licensed Pit Bull Dogs shall provide within ten (10) days of the effective date of this Chapter to the City Clerk or Animal Control Officer two 3 x 5 inch color photographs of the licensed animal clearly showing the color and approximate size of the animal. The owner or keeper shall within the aforementioned ten (10) day period at his own expense have the license number assigned pursuant to Chapter 6.22 of the City of Yakima Municipal Code tattoed upon such a Pit Bull Dog by a licensed veterinarian. The tattoo shall be placed either on the upper inner lip or inside upper left rear thigh of the dog. 9. Insurance. All owners, keepers, or harborers of licensed Pit Bull Dogs shall within ten (10) days of the effective date of this Chapter present to the City Clerk proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand ($100,000), covering any damage or injury which may be caused by such Pit Bull Dog during the following twelve (12) month period. Such policy shall contain a provision naming the City of Yakima as additional insured and an additional provision requiring the insurance carrier to notify the City thirty (30) days in advance of any cancellation, termination, or expiration of such liability insurance. Such insurance shall be renewed annually so as to provide continuous coverage and shall be subject to approval by the City Attorney as to form. 10. Vaccination (immunization) Against Rabies. All owners, keepers, or harborers of licensed Pit Bull Dogs shall within ten (10) days of the effective date of this Chapter show proof to the City Clerk and the Animal Control Officer that a licensed Pit Bull Dog has been vaccinated against rabies within the last three years. Failure of any Pit Bull Dog at any time to wear an up to date rabies vaccination tag issued by a licensed veterinarian who administered the vaccine shall be prima -facie evidence of the dog's lack of vaccination against rabies and subjects such dog to immediate confiscation by the Animal Control Officer. All Pit Bull Dogs shall be vaccinated against rabies every three years. B. Failure to Comply. It shall be unlawful for the owner, keeper, or harborer of a Pit Bull Dog licensed with the City of Yakima to fail to comply with the requirements and conditions set forth in this Chapter. Each day of violation shall be a separate offense. Any Pit Bull Dog found to be the subject of a violation of this ordinance shall be subject to immediate confiscation by the Animal Control Officer. Such animal shall be humanely destroyed pursuant to Subsection 6.20.110 E of the City of Yakima Municipal Code unless a judge of a court of competent jurisdiction orders its release or the owner provides adequate proof to the Animal Control Officer that such licensed dog shall no longer reside in the City of Yakima. Section 2. This ordinance shall be in full force and effect thirty (30) days after its passage, approval and publication as provided by law and by the City Charter. rti PASSED BY THE CITY COUNCIL, signed and approved this day of ■ , 1987. MAYOR C � ATTEST : 4 CITY CLERK Publication Date: AUG 0.21987 Effective Date: SFP 0 1 1987 STLIV L3