It shall be unlawful to keep, harbor or care for any pit bull, Rottweiler, chow dog, Doberman Pinschers (excluding miniature) and Mastiffs (excluding English) within the city limits of the City of Miltonvale.
Findings of the city: (a) the possession of pit bulls, Rottweiler, chow dog, Doberman Pinschers (excluding miniature) and Mastiffs (excluding English) within the city pose a significant threat to the public’s health, safety and welfare; (b) numerous instances of attacks by pit bulls, Rottweiler, chow dog, Doberman Pinschers (excluding miniature) and Mastiffs (excluding English) have resulted in serious injuries, and (c) protective measures by pit bull, Rottweiler, chow dog, Doberman Pinschers (excluding miniature) and Mastiffs (excluding English) owners are inadequate to protect the public from attacks by these animals.
(a) If a dog described above was licensed in the City of Miltonvale prior to the passage of this ordinance then that animal can continue to reside within the City of Miltonvale provided the following is met:
(1) Kept inside the residence.
(2) If left outside the dog must be muzzled, kept in a secure fenced area with a fence at least six (6) feet in height and of sufficient construction to contain, the floor of the fenced in area must be concrete. The City must approve the structure;
(b) All dogs covered under this section 2-401 must be registered with the Office of the City Clerk prior to the passage of this ordinance, providing the dog’s name, pedigree and photograph and its owner or harborer shall provide a certificate of liability insurance coverage extending to injuries or property damage as may be caused by the Doberman Pinscher and Mastiff in a minimum threshold amount of $150,000.00. If said insurance is canceled, it shall be the responsibility of the owner or harborer to notify the City Clerk immediately, in such a case, the dog shall be removed from the City or the owner shall place the dog in the City pound.
(c) After the passage of the article no new Doberman Pinscher (excluding miniature), Mastiff (excluding English), or mixed breed of these types of dogs shall be licensed in the City of Miltonvale.
(Code 1999; Ord. 539; Code 2017; Ord. 574)
(a) Pit bull dog is defined to mean:
(1) The bull terrier breed of dogs;
(2) The Staffordshire bull terrier breed of dogs
(3) The American pit bull terrier breed of dogs;
(4) The American Staffordshire terrier breed of dogs;
(5) Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers;
(6) Any dog which has the appearance and characteristics of being predominantly of the breeds of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; any other breed commonly known as pit bulls, pit bulldogs or pit bull terriers, or a combination of any of these breeds.
(b) Rottweiler dog is defined to mean:
(1) Any dog which has the appearance and characteristics of being predominately of the Rottweiler breed of dog or a combination of Rottweiler breeds of dogs. Chow dog is defined to mean:
(2) Any dog which has the appearance and characteristics of being predominately of the Chow breed of dog or a combination of Chow breeds of dogs.
(c) Chow dog is defined to mean:
(1) Any dog which has the appearance and characteristics of being predominately of the Chow breed of dog or a combination of Chow breeds of dogs.
(d) Doberman Pinscher is defined to mean:
(1) Any dog which has the appearance and characteristics of being predominately of the Doberman Pinscher breed of dog or a combination of Doberman Pinscher breeds of dogs.
(2) This section shall not apply to Miniature Doberman Pinschers.
(e) Mastiff is defined to mean:
(1) Any dog which has the appearance and characteristics of being predominately of the Mastiff breed of dog or a combination of Mastiff breeds of dogs.
(2) This section shall not apply to English Mastiffs.
(Ord. 539; Code 2017; Ord. 574)
Any person or persons who shall violate the provisions of this article shall be guilty of a Misdemeanor and shall be fined in any sum not exceeding Five Hundred Dollars ($500.00). In addition, any dog found to be in violation of this article shall be subject to immediate seizure, impoundment and removal from the City.
(Ord. 539; Code 2017)
There shall be an irrebuttable presumption that any dog registered with the City as a pit bull, Rottweiler, chow dog, Doberman Pinscher or Mastiff is in fact a dog subject to the requirements of this Article 4.
(Ord. 539; Code 2017; Ord. 574)
If a law enforcement officer has probable cause to believe that a pit bull, Rottweiler, chow dog, Doberman Pinscher or Mastiff is being kept, harbored or cared for in violation of this Article 4, said officer may petition the Municipal Court to order the seizure and impoundment of said dog. If the owner of said dog contests the findings of the public officer and requests a hearing before a Judge, said owner may also be responsible for the cost of such action.
(Ord. 539; Code 2017; Ord. 574)