§ 5-20. Restricted animals.

(a)

Defined. "Restricted animal" means:

(1)

Pit bull dogs four (4) months of age or older.

The term "pit bull dog" is defined to mean:

a.

Staffordshire Bull Terrier breed of dog;

b.

American Pit Bull Terrier breed of dog;

c.

American Staffordshire Terrier breed of dog;

d.

Any mixed 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 identifiable as partially of the breed of Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier.

e.

Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier; and other breeds commonly known as pit bulls, pit bull dogs, or pit bull terriers, or a combination of any of these breeds.

(b)

Pit bull dogs residing in the city on or after April 1, 2011, may only be kept by their owners within the city, subject to the following standards:

(1)

Registration. Pit bull dogs currently residing in the city must be registered with the city by the owner(s) within sixty (60) days of April 1, 2011. Annual registration of any pit bull dog is required. Any pit bull dog four (4) months of age or older must be registered.

(2)

Leash. No person shall permit a pit bull dog to go outside of a securely enclosed fenced yard unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its securely enclosed fenced yard 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.

(3)

Confinement outdoors. All pit bull dogs shall be confined in a securely enclosed fenced yard, except when leashed as provided in section 5-20 (b) (2) of this section. Such fence must have secure sides and be at least sixty (60) inches in height. All gates in fenced yards used to confine pit bull dogs must be locked with a key, or combination lock, when such animals are within the fenced area. All fencing erected to house pit bull dogs must comply with all zoning and building regulations of the city.

(4)

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 animal 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.

(5)

Insurance. All owners, keepers, or harborers of pit bull dogs must provide proof to the city of public liability insurance in a single incident amount of one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or for damage to property owned by any person, 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 ten (10) days' written notice is first given to the city. Any person found to be the owner, keeper, or harborer of a pit bull dog that does not have insurance on the same, and is found guilty in municipal court or any other court of this violation, must permanently remove the animal from the city.

(6)

Certification. Owners of pit bull dogs, whose dogs are registered as required in section 5-20 (b)(1) of this section, who can show proof of current certification for their pit bull dogs from the American Kennel Club Canine Good Citizen (AKC CGC) Program to the Kirksville Police Department will be exempted for so long as the AKC CGC Certification remains valid from 5-20(b)(3) and 5-20(b)(5).

(7)

Irrefutable presumptions. There shall be an irrefutable presumption that any dog registered with the city as a pit bull dog, or any of those breeds that are restricted under the definition of "pit bull dog", is in fact a dog subject to the requirements of this section.

(c)

Escape; general prohibition and duty.

(1)

No person shall aid or cause any restricted animal, whether owned by such person or not, to escape confinement or impoundment, whether such confinement or impoundment be upon such person's property or that of another, by opening any gate, door or window or making any opening of any fence, enclosure of structure, or by unleashing or releasing such animal.

(d)

Seizure, impoundment and disposition of restricted animals.

(1)

In the event that a restricted animal is found at large on public or private property, such animal may be immediately confined and the owner or person in charge of the dog will be cited for an ordinance violation. If the owner or person cited for the violation is found guilty of the ordinance violation, the dog must be removed from the city or taken to the city's contract shelter for adoption or to be destroyed. The animal may not be given to another person in the same family, unless it is adopted through the shelter.

(2)

The city shall be under no duty to attempt the confinement or capture of a restricted animal found at large. The animal may be destroyed if in the discretion of the law enforcement officer or his designee, such animal presents an imminent danger to the safety of any person or other animals. The city shall not have a duty to notify the owner of such animal prior to its destruction.

(3)

If it is determined that the restricted animal identified in section 5-20 (d)(1) did not cause harm to any person or damage to any property, that restricted animal will not be removed from its home as outlined in section 5-20 (d)(1).

(4)

If a law enforcement officer, or his designee, determines that a person is keeping, harboring, or sheltering a restricted animal in violation of city ordinance, then such person shall be ordered to safely remove such animal from the city, or the animal shall be taken to the city's contract shelter for adoption, or the animal shall be destroyed, at any time after an appeal time period has expired. The animal may not be given to another person in the same family, unless it is adopted through the shelter. Notice of such order shall be given in writing to the person keeping, sheltering or harboring the restricted animal, by being served personally or by first-class mail, or by posting to the front door of the last known address. After any appeal period has expired, law enforcement personnel or their designee shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.

(5)

Any person who is cited or given a ticket and ordered to remove a restricted animal from the City of Kirksville may plead their case in municipal court. However, the animal shall be removed from the city until such time as the order may be reversed by the municipal court judge. A finding of guilty in municipal court may be appealed to the Adair County Circuit Court, if the appeal is filed within ten (10) days of the finding in municipal court.

(6)

If the original removal order of law enforcement personnel or their designee is not complied with within three (3) days of the order, a law enforcement officer, or his designee, is authorized to seize and impound such restricted animal. An animal so seized shall be impounded pending any municipal court arraignment, or appeal to the circuit court. If the order to remove the animal is affirmed upon conviction or on conviction after appeal to the circuit court, then at the end of the impoundment period, law enforcement personnel or his designee may allow the city's contract shelter to cause the animal to be adopted by another person, or to destroy such animal in a humane manner. All impoundment fees and fees incurred for the care of the restricted animal shall be at the expense of the owner of the restricted animal.

(7)

The owner of the restricted animal may claim the animal upon showing proof of ownership, payment of all impound and veterinary fees, and agreement to immediately remove the animal from the city upon taking possession of the animal. In the event the owner does not claim the animal within seven (7) days, a law enforcement officer, or his designee, may allow the city's contract shelter to cause such animal to be permanently placed with another person who would agree to harbor the animal under the laws of the current city ordinance.

(8)

When a law enforcement officer, or his designee, determines that an animal is classified as a restricted animal by virtue of being a pit bull, and the owner disputes the classification, it shall be the owner's responsibility to provide positive proof by documentation or other means to the law enforcement officer, or his designee, that the animal is not a pit bull as defined herein. If, notwithstanding such proof, the law enforcement officer, or his designee, continues to determine that the animal is a pit bull, the owner will be cited for an ordinance violation, and then may appeal the animal's classification by purchasing a DNA test from the City of Kirksville. The owner will be required to pay the fee up front for the DNA test. The owner will need to bring the dog to the police department or provide access for law enforcement to do a swab sample of the dog. The results will be sent to an approved lab and results sent back. If the animal has any of the breeds in its lineage that are defined as pit bull dogs, it is a pit bull dog. If results show that the animal does not have pit bull dog lineage, the dog would not have to be removed from the city under the restricted animal ordinance. If the owner disputes the results of the DNA testing of the animal, they have the right to contest any citation received, in the Kirksville Municipal Court. However, the animal shall be removed from the city until such time as the classification is reversed by the court.

(9)

Failure to comply. It shall be unlawful for the owner, keeper, or harborer of a pit bull dog registered with the city to fail to comply with the requirements and conditions set forth in this section. Any dog found to be the subject of a violation of this section shall be confined and removed from the city as in section 5-20 (d)(2).

(Ord. No. 11957, § 1, 3-21-2011)