Pit Bull Breeds Prohibited (Full Text From La Junta Municipal Code 02-20-14) August 4, 2014 at 2:22pm Pit Bull Breeds 6.17.010 Definitions. These definitions apply to Section 6.17.010 through 6.17.090 inclusive. An owner is defined as any person who owns, possesses, keeps, exercises control over, maintains, harbors,transports or sells an animal. A pit bull is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier or any dog displaying the majority of physical traits of any one(1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. A secure temporary enclosure is a secure 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 for removal of the pit bull. Such enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull cannot exit the enclosure on its own. (Ord. 1431 §1, 2006) 6.17.020 Pit bulls prohibited. It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor,transport or sell within the City any pit bull as defined herein. (Ord. 1431 §1, 2006) 6.17.030 Exceptions. The prohibition in Section 6.17.020 shall not apply in the following enumerated circumstances.Failure by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and disposal pursuant to Sections 6.17.060 and 6.17.070 below and shall operate to prevent the owner from asserting such exception as a defense in any prosecution here under. (1) The owner of a pit bull who has applied for and received a dog license for such pit bull pursuant to Section 6.17.040 below, on or before December 1, 2006, and who maintains the pit bull at all times in compliance with the pit bull license requirements of Sections 6.17.040 and 6.17.050 below and all other applicable requirements of this Code, may keep a pit bull within the City. (2) The Citys animal shelter may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this Chapter. (3) Any humane society or other entity or association operating an animal shelter which is registered with the City may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long a period of time as it takes to contact the Citys animal shelter and either turn the pit bull over to the animal shelter employees or receive permission to destroy or have destroyed the pit bull pursuant to the provisions of Section 6.17.060. (Ord. 1431 §1, 2006) 6.17.040 License requirements. (a) The owner of the pit bull shall provide proof of rabies vaccination and shall pay the annual pit bull license fee of fifty dollars ($50.00). (b) The owner of the pit bull shall keep current the license for such pit bull through annual renewal. Such license is not transferable and shall be renewable only by the holder of the license or by a member of the immediate family of such licensee. A pit bull license tag will be issued to the owner at the time of issuance of the license. Such license tag shall be attached to the pit bull by means of a collar or harness and shall not be attached to any pit bull other than the pit bull for which the license was issued. If the pit bull tag is lost or destroyed, a duplicate tag may be issued upon the payment of a ten-dollar fee. (c) The owner must be at least twenty-one (21) years of age as of January 1, 2006. (d) The owner shall present to the City Manager proof that the owner has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) covering any damage or injury which may be caused by a pit bull during the twelve-month period covered by the pit bull license. The policy shall contain a provision requiring the insurance company to provide written notice to the City Manager not less than fifteen (15) days prior to any cancellation, termination or expiration of the policy. (e) The owner shall, at the owners expense, have the pit bull spayed or neutered and shall present to the City Manager documentary proof from a licensed veterinarian that this sterilization has been performed. (f) The owner shall bring the pit bull to the City animal shelter where a person authorized by the City Manager shall cause a registration number to be assigned to the pit bull. The City Manager shall maintain a file containing the registration numbers and names of the pit bulls and the names and addresses of the owners. The owner shall promptly notify the City Manager of any change of address. (g) At all times when a pit bull is at the property of the owner, the owner shall keep the pit bull confined as that term is defined in Paragraph 6.16.010(3). At all times when a pit bull is away from the property of the owner, the owner shall keep the pit bull either securely leashed and muzzled or ina secure temporary enclosure as that term is defined in Paragraph 6.17.010(3)above. (h) The owner shall not sell or otherwise transfer the pit bull to any person except a member of the owners immediate family, who will then become the owner and will be subject to all of the provisions of this Section. The owner shall notify the City Manager within five (5) days in the event that the pit bull is lost, stolen, dies or has a litter. In the event of a litter, the owner must deliver the puppies to the City Animal shelter for destruction or permanently remove the puppies from the City limits and provide sufficient evidence of such removal by the time the puppies are weaned, but in no event shall the owner be allowed to keep within the City limits a pit bull puppy, born after the effective date of December 1, 2006, that is more than eight (8) weeks old. Any pit bull puppies kept contrary to the provisions of this Section are subject to immediate impoundment and disposal pursuant to Section 6.17.060 below. (i) The owner shall have posted, at each possible entrance to the owners property where the pit bull is kept, a conspicuous and clearly legible pit bull sign. Such pit bull sign must be at least eight (8) inches by ten(10) inches in rectangular dimensions and shall contain only the words PIT BULLDOG in lettering not less than two (2) inches in height. (j) The owner shall also comply with the signage requirements of Section 6.16.040 of this Title. (k) The owner shall be in compliance with the enclosure requirements defined in Paragraph 6.16.010(3). (Ord. 1431 §1, 2006) 6.17.050 Renewal of license. The owner of any pit bull which had been licensed pursuant to Section 6.17.040 above, on or before December 1, 2006, shall be allowed to keep such pit bull within the City upon compliance with the terms of the exception contained in Section 6.17.030 above, but only if the owner applies for and receives an annual pit bull license on or before January 1 of each calendar year thereafter. As a condition of issuance of a pit bull license, the owner shall at the time of application comply with or otherwise provide sufficient evidence that the owner is in compliance with all of the requirements of Section 6.17.040. (Ord. 1431 §1, 2006) 6.17.060 Immediate impound. Notwithstanding the provisions of Section 6.17.030 above, the City Manager is authorized to immediately impound any pit bull found in the City which does not fall within the exceptions listed in Section 6.17.030, and the City animal shelter may house or dispose of such pit bull in such manner as the procedures in Section 6.17.080 below require. (Ord. 1431 §1,2006) 6.17.070 Review. (a) When the City Manager has impounded any pit bull pursuant to this Chapter and the owner of such dog disputes the classification of such dog as a pit bull, the owner of such dog may file a written petition with the Municipal Court for a hearing concerning such classification no later than seven (7)days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner. The Municipal Court will then issue a notice of hearing date by mailing a copy to the petitioners address no later than ten (10) days prior to the date of the hearing. Where no written request from the owner for a hearing is received by the Municipal Court within seven (7) days of impoundment, the pit bull shall be destroyed and no further hearing or inquiry need be conducted. (b) The hearing, if any, will be held before the Municipal Court. Any facts which the petitioner wishes to be considered shall be submitted under oath or affirmation either in writing or orally at the hearing. The Municipal Court shall make a final determination whether the dog is a pit bull as defined in Subsection 16.17.010(b) above. Such final determination shall be considered a final order of the City subject to review under Rule 106(a)(4)of the Colorado Rules of Civil Procedure. (c) If the dog is found to be a pit bull, it shall be destroyed, unless the owner produces evidence deemed sufficient by the City Manger that the pit bull is to be permanently taken out of the City, and the owner pays the cost of impoundment. If the dog is found not to be a pit bull, the dog shall be released to the owner. The procedures in this Section shall not apply and the owner is not entitled to such a hearing with respect to any dog which was impounded as the immediate result of an attack or bite as defined in Paragraph 6.16.010(2). In those instances, the dog shall be handled and the procedures governed by the provisions of Sections 6.16.010 through 6.16.161 inclusive. (Ord. 1431 §1, 2006) 6.17.080 Destruction. Destruction of animals confiscated pursuant to Section 6.17.010, et seq. shall be by euthanization as administered by a licensed veterinarian. (Ord. 1431 §1, 2006) 6.17.090 Inspections. The City Manager, or his or her designee, shall have the right to make physical inspections of any premises at which a licensed pit bull is registered. The inspection requirements shall be similar in scope and frequency as those outlined in Section 6.16.021. (Ord. 1431§1, 2006)
Posted on: Wed, 06 Aug 2014 00:04:07 +0000
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