Trussville, AL Proposed Pit Bull Ban Ordinance

Source:

http://www.facebook.com/notes/help-stop-bsl-in-alabama/trussville-draft-ordinance/247775351955826

ORDINANCE NO.___

AMENDMENT TO ANIMAL CONTROL ORDINANCE

WHEREAS, on April 14, 1998, the City Council of the City of Trussville, Alabama adopted a comprehensive Animal Control Ordinance; and WHEREAS, since the enactment of the Ordinance, it has been amended and codified; and WHEREAS, the City Council finds that dogs of certain breeds are per se dangerous and frequent threats to public health and safety; and WHEREAS, the City Council finds it appropriate and in the best interest of the citizens to adopt and impose additional restrictions on the keeping of certain breeds of dogs in the City. NOW, THEREFORE, BE IT ORDAINED by the City of Trussville, Alabama as follows;

SECTION 1. The City Code shall be amended by adding the following definition to Section 10-51: Pit bulldog. Any of the breeds of dogs commonly known as the bull terrier, Staffordshire bull terrier, American pit bull terrier, and American Staffordshire terrier, including any breed or mixed breed known as the pit bull, pit bull dog, or pit bull terrier, or any dog which has the appearance and characteristics of being predominantly of the breeds bull terrier, Staffordshire bull terrier, American pit bull terrier, or American Staffordshire terrier, or combination of any of those breeds.

SECTION 2, The City Code shall be amended by adding the following subsection to Section 10-52:

(15) Pit bull dogs 

a. It shall be unlawful to keep, harbor, own, or in any way possess within the corporate limits of the city any pit bull dog as defined in this Ordinance.

b. The provisions of paragraph (a) above of this subsection are not applicable to owners, keepers, or harborers of pit bull dogs registered with the City on the effective date of this subsection. The keeping of such dogs registered with the City, however, shall be subject to the following standards:

(1) No person shall permit a pit bull dog to go outside its kennel or pen unless such dog is securely bashed with a leash no longer than four 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 kennel or pen 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. In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals,

(2) Except when leashed and muzzled as provided above, all pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel having secure sides and secure top attached to the sides. All structures used to confine pit bull dogs must be locked with a key or combination lock when such animals are within the structure, Such 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 feet. All such structures must comply with all zoning and building regulations of the City, be adequately lighted and ventilated, and be kept in a clean and sanitary condition.

(3) No pit bull dog may be kept on a porch, patio, or 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 shall be kept in a house or structure in which the windows are open or if screen windows or screen doors are the only obstacles preventing the animal front exiting the structure,

(4) All owners, keepers, or harborers of pit bull dogs within the City shall within ten days of the effective date of this Section display in a prominent place on their premises a sign easily readable to the public using the words "Beware of flog" as well as post a similar sign on the animal's kennel or pen.

(5) All owners, keepers, or harborers of pit bull dogs within the City shall within ten clays of the effective date of this Section provide proof to the City Clerk of liability insurance on a single incident of $50,000 for bodily injury or death of any person or persons or for damage to property which may result from the ownership, keeping, or maintenance of such an animal Such insurance policy shall not be cancelled unless the insured gives 10 days' written notice to the City Clerk.

(6) All owners, keepers, or harborers of registered pit bull dogs within the City shall within ten days of the effective date of this Section provide the City Clerk with two color photographs clearly showing the color and approximate size of the animal.

(7) All owners, keepers, or harborers of registered pit bull dogs within the City shall report the following information in writing to the City Clerk: the removal or death of such animal from the City; the birth or offspring of a registered pit bull dog; and/or the new address should the owner move within the City.

(8) No person shall sell, barter, or in any other way dispose of a pit bull dog registered with the City to any person within the City unless the recipient resides permanently in the same household on the same premises; provided that the owner may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the City.

(9) All offsping born of pit bull dogs registered with the City must be removed from the City within ten weeks of the birth of such animal,

(10) Any dog found to be subject of a violation of this Section shall be subject to immediate seizure and impoundment as well as revocation of the license of such an animal and immediate removal from the City.

(11) Any person violating or permitting the violation of any provision of this Section shall, upon conviction in municipal court, be fined a sum of not less than $200.00 and not more than $500.00 and/or sentenced to imprisonment for a period not to exceed 30 days. Each day in violation of this Ordinance shall be deemed a separate offense.

SECTION 3: Repealer; All ordinances or parts of ordinances heretofore adopted by the City Council of the City of Trussville, Alabama which are inconsistent with the provisions of this ordinance are hereby expressly repealed.

SECTION 4: Severability: If any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding.

SECTION 5: Effective Date: This ordinance shall become effective immediately upon adoption and publication as provided by law.

ADOPTED AND APPROVED this the___ day of 2011.

Wayne Taylor, Council President

Eugene A. Melton, Mayor

City of Trussville