Corrected Draft for Board of Directors meeting

Transcription

1 Corrected Draft for Board of Directors meeting NO. AN TO AMEND CHAPTER OF THE CODE OF S PERTAINING TO DOGS; AND FOR OTHER PURPOSES. WHEREAS, in response to citizen concerns about a growing population of Pit Bull type dogs within the City of Little Rock and related public safety issues, the Little Rock Animal Services Advisory Board held two limited-forum public hearings on proposed legislation to ban such breeds from the City, and WHEREAS, in response to comments made at these public hearings, the Mayor s Special Committee on Pit Bull Legislation voted to recommend that the Little Rock Board of Directors adopt breed-specific regulations as opposed to a breed-specific ban, and WHEREAS, the Animal Services Advisory Board reviewed the breed-specific regulations recommended by the Special Committee on Pit Bull Legislation and submitted both the Committee s recommendations and several independent recommendations for consideration by the Little Rock Board of Directors, and WHEREAS, the Little Rock Board of Directors supports the adoption of breed-specific regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. Little Rock, Ark., Rev. Code - is hereby adopted as follows: Sec. -. Dangerous Breeds. (a) Definitions. (1) Owner. For purposes of this section, an Owner is defined as any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells a Pit Bull. () Pit Bull. For purposes of this section, a Pit Bull is defined as any dog that is an American Pit Bull Terrier, a Staffordshire Terrier, or American Staffordshire Terrier, and any dog of mixed breeding that has the primary characteristics of an American Pit Bull Terrier, a Staffordshire Terrier, or an American Staffordshire Terrier. The American Kennel Club and United Kennel Club standards for the above breeds shall be on file for viewing at the City s animal shelter. () Secure Temporary Enclosure. For purposes of this section, a Secure Temporary Enclosure is an enclosure used for purposes of transporting a Pit Bull and which includes a top and bottom permanently attached to the sides except for a door. The enclosure must be made of such material and the door secured in such a manner that the Pit Bull cannot exit the enclosure on its own. (b) Pit Bull Prohibition. Beginning on the 1 st day after passage of this ordinance, it shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the City of Little Rock any Pit Bull unless the owner complies with the dangerous breed regulations set forth herein. [PAGE 1 OF ]

2 1 1 1 (c) Exceptions. (1) Animal Services. The City s animal shelter may temporarily harbor and transport any Pit Bull for purposes of enforcing the provisions of this section. () Temporary Visits. A person may temporarily transport into and hold in the city limits a Pit Bull only for the purpose of transporting the animal to a veterinarian or groomer for care, or to participate in a contest or show sponsored by the American Kennel Club or the United Kennel Club. The person who transports a Pit Bull for these purposes shall, at all times when the Pit Bull is being transported within the City to and from the veterinarian, groomers, or place of contest or show, keep the Pit Bull confined in a Secure Temporary Enclosure as described in Section -(a) above. (d) Dangerous Breed Registration. The Owner of any Pit Bull shall be allowed to keep such Pit Bull within the Little Rock city limits only if the Owner registers the Pit Bull with the City s Animal Services Division on an annual basis, pays the dangerous breed registration fee established by the City Manager, and obtains a dangerous breed permit and a residence window sticker with each annual registration. As a condition of registration of a Pit Bull, the Owner shall at the time of application provide sufficient evidence that the Owner is in compliance with all of the following requirements: (1) Rabies Vaccination. The Pit Bull must be vaccinated against rabies by a licensed veterinarian on an annual basis. () Current City License. The Owner must purchase an annual city license for the Pit Bull, and the Pit Bull must wear the city license tag on its collar at all times. () Microchip. The Pit Bull must be identified by means of a microchip injected under the dog s skin by a licensed veterinarian. () Photo. The Owner must bring their Pit Bull to the City animal shelter to have a photo taken of the Pit Bull with the Owner. () Sterilized. The Owner must provide documentary proof from a licensed veterinarian that their Pit Bull has been spayed or neutered. This requirement shall not apply to any Pit Bull which is a registered AKC or UKC show dog with points or with documentation of training for show purposes, if the Owner purchases an annual Show Dog Permit for a fee established by the City Manager. In addition, this requirement shall not apply if the Pit Bull is a registered AKC or UKC dog with points, and the Owner purchases an annual Breeder s Permit for a fee established by the City Manager with the restriction that the Pit Bull shall be allowed to produce no more than one litter per calendar year. () Muzzle. The Owner must obtain a properly fitted humane wire basket or plastic basket muzzle that allows their Pit Bull to open its mouth several inches to pant and does not restrict respiration, and must keep their Pit Bull muzzled at all times when the Pit Bull is outside of its area of confinement or outside of a Secure Temporary Enclosure. Any Pit Bull [PAGE OF ]

3 that is tested by an AKC-certified Temperament Evaluator and is awarded an AKC Good Citizen Certificate will not be subject to this muzzle requirement. Presentation of a valid AKC Good Citizen Certificate is a defense to any sanctions under this subsection. () Financial Responsibility. The Owner must provide proof of liability insurance, or other financial responsibility in the form of a bond, in the amount of $0, per occurrence in the event that injury or damage is caused by their Pit Bull. The policy or bond shall contain a provision requiring the insurance company or surety to provide written notice to the Animal Services manager not less than fifteen () days prior to any cancellation, termination, or expiration of the policy or bond. (e) Additional Dangerous Breed Regulations. (1) Residential Confinement. A registered Pit Bull must reside at the residence of a responsible adult. 1 () Window Sticker. An annual window sticker, provided at the time of Pit Bull registration, must be posted on the Owner s property, visible from the street to indicate that a Pit Bull resides on the property. 1 () Confinement. A registered Pit Bull shall be confined as required by this Chapter except that Pit Bulls shall not be confined by means of an electronic containment device or by means of a trolley-cable run. During transportation, a Pit Bull must be confined in a Secure Temporary Enclosure. When outside of an area of containment, a Pit Bull must be muzzled with a humane muzzle that allows panting and must be restrained by means of a secure leash held by an adult who has the ability to control the dog. () No Transfer of Permit. A Pit Bull registration permit shall not transfer to a new Owner residing in the city limits. The new Owner of a Pit Bull must meet all registration requirements within ten () days of acquiring the dog. () Relocation Reported. The Owner of a registered Pit Bull may relocate the Pit Bull to the Owner s new Little Rock residence if the Owner contacts Animal Services prior to the relocation in order to report the new address and obtain a new window sticker. The new window sticker must be posted at the new residence within days of the move. () Maximum Number. The number of Pit Bulls kept, maintained or harbored at one residence shall not exceed two (). 1 (f) Breed Designation Appeals. The Owner of a dog that has been identified as a Pit Bull under this section shall have the right to an administrative appeal of the breed designation by submitting a request for a hearing to the Animal Services Division Manager in writing within five () days of the Division Manager s designation of the Owner s dog as a Pit Bull. A hearing to consider disputes and to view the dog s physical characteristics and pedigree shall be conducted by a committee appointed by the City Manager and comprised of at least the Animal Services veterinarian, a member of the Animal Services Advisory Board and a Little Rock citizen. The committee shall [PAGE OF ]

4 1 1 1 make a final determination of the dog s breed or predominant breed characteristics. If the committee determines that the dog is a Pit Bull as defined by this section, the Owner shall have ten () days to meet all requirements for registration of a Pit Bull and to comply with all additional Dangerous Breed regulations. (g) Compliance Period. Within ten () days after acquiring a Pit Bull or after moving to the City of Little Rock with a Pit Bull or after a Pit Bull designation has been affirmed on appeal, the Owner of a Pit Bull must register their Pit Bull and comply with all Dangerous Breed regulations. (h) Enforcement. (1) Dangerous Breed Regulation Violations. Failure to comply with any Dangerous Breed registration requirement or regulation within the allotted ten () day time period shall constitute a violation of this Chapter and may result in the issuance of a citation and a warrant to seize the Owner s Pit Bull if it is not removed from the city limits pending adjudication of the citation. () Other Non-Cruelty Violations. A Permit to keep a Pit Bull within the City may be revoked by the Animal Services Division upon the Owner s second conviction for violation of the City s other non-cruelty animal code provisions. If the permit is revoked, a warrant to seize the Pit Bull may be served on the Owner if the Pit Bull is not removed from the city limits. () Cruelty Violations. Upon conviction for any animal cruelty charge, the Owner of a registered Pit Bull shall lose their Dangerous Breed Permit(s) and shall lose their right to register any Pit Bull within the City of Little Rock for a period of ten () years. A warrant may be obtained to seize the Owner s Pit Bull pending adjudication of the cruelty violation citation. Upon conviction for animal cruelty and revocation of the Dangerous Breed Permit, the Pit Bull must be removed from the city limits or surrendered to the Little Rock Animal Services Division. () Dangerous Dog Designation. If a registered Pit Bull bites or attacks a person or another animal and is determined to be a dangerous dog pursuant to this Chapter, the Owner s Dangerous Breed Permit shall be revoked and the Pit Bull shall be removed from the city limits or surrendered to the Little Rock Animal Services Division. Section. Reserved. Little Rock, Ark., Rev. Code - through - are hereby reserved. Section. Severability. In the event any portion of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this ordinance. Section. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. ADOPTED: [PAGE OF ]

5 1 1 1 ATTEST: Nancy Wood, City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attorney APPROVED: Mark Stodola, Mayor [PAGE OF ]