Full Ordinance Name:  Lanett, Alabama, Code of Ordinances. CODE OF ORDINANCES. Chapter 6 - ANIMALS. ARTICLE I. - IN GENERAL. Sec. 6-8 - Regulations regarding vicious dogs

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Primary Citation:  LANETT, AL., CODE OF CITY ORDINANCES, § 6-8 (2005) Jurisdiction Level:  Alabama Last Checked:  June, 2018
Summary:

In Lanett, Alabama, it is unlawful to keep, harbor, own, or possess any pit bull or presa canario dog. Dogs that were within the city on the effective date may be kept within the city subject to certain requirements, such as keeping the dog properly confined, using a leash and muzzle, posting a “Beware of dog” sign, the maintenance of liability insurance of $100,000, and the taking of identification photographs. A violation of the chapter is a misdemeanor, and could result in a fine up to $500 and/or imprisonment up to 30 days under Section 6-13.

Sec. 6-8. - Regulations regarding vicious dogs.

(a) Definitions.

Vicious dog means:

(1) Any dog with a known propensity, tendency or disposition to attack unprovoked or to cause injury to or otherwise threaten the safety of human beings or domestic animals;

(2) Any dog which because of its size, physical nature or vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this chapter;

(3) Any dog which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal;

(4) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting;

(b) Vicious dogs.

(1) Vicious dogs prohibited. It shall be unlawful for any person, firm, or entity to own, keep, harbor, breed, raise, or maintain a vicious dog within the municipal limits of the City of Lanett or its police jurisdiction. This prohibition shall not apply to licensed veterinarians lawfully operating a veterinary clinic or lawfully practicing veterinary medicine within the city or its police jurisdiction. Any duly licensed and practicing veterinarian who treats or harbors a vicious dog must provide proof to the city clerk of public liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) insuring said veterinarian for any personal injuries inflicted by such vicious dog.

(c) Certain breeds prohibited. It shall be unlawful for any person to keep, harbor, own, or in any way possess within the corporate city limits of the city or within the police jurisdiction of the city:

Any pit bull dog or presa canario dog; provided, that pit bull dogs or presa canario dog owned within the city or its police jurisdiction on the effective date of this section may be kept within the city subject to the standards and requirements set forth in this subsection (c).

For purposes of this section, "pit bull dog" is defined to mean: the bull terrier breed of dog; the Staffordshire bull terrier breed of dog; the American pit bull terrier breed of dog; the American Staffordshire terrier breed of dog; any dog which has the appearance and characteristics of being predominantly of the bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terrier; or a combination of any of those breeds, according to the standards established by the American Kennel Club or the United Kennel Club. The A.K.C. and U.K.C. standards for the above breeds shall be kept on file and available for public inspection and copying in the offices of the city clerk.

For the purposes of this section, "presa canario dog" is defined to mean any dog which has the appearance and characteristics predominantly of the breed of presa canario.

The provisions of subsection (c) of this section are not applicable to owners, keepers or harborers of pit bull dogs or presa canario dogs owned, kept or harbored within the city or its police jurisdiction on the effective date of this section and which are registered with the city within thirty (30) days of the effective date of this section as required in subsection (d), below. The keeping of such dogs, however, shall be subject to the following standards and requirements:

(1) Leash and muzzle. No person shall permit a registered pit bull dog or presa canario dog to go outside its kennel or pen 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 or presa canario 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 and presa canario 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) Confinement. All registered pit bull dogs and presa canario dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs and presa canario dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must 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 (2) feet. All structures erected to house pit bull dogs and presa canario dogs must comply with all zoning and buildings regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(3) Confinement indoors. No pit bull dog or presa canario 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 existing the structure.

(4) Signs. All owners, keepers, or harborers of registered pit bull dogs or presa canario dogs within the city shall within ten (10) days of the registration of such animal display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be posted in or on the kennel or pen of such animal.

(5) Insurance. All owners, keepers, or harborers of registered pit bull dogs and presa canario dogs must within ten (10) days of the registration of such animal provide proof to the city clerk of public liability insurance in the amount of one hundred thousand dollars ($100,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons 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 thirty (30) days' written notice is first given to the city clerk.

(6) Identification photographs. All owners, keepers or harborers of registered pit bull dogs and press canario dogs must within ten (10) days of the registration of such animal provide to the city clerk two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.

(7) Reporting requirements. All owners, keepers or harborers of registered pit bull dogs and presa canario dogs shall notify the city clerk within five (5) days in the event that the pit bull dog or presa canario dog is lost, stolen, dies, or has a litter. All owners, keepers or harborers of registered pit bull dogs or presa canario dogs shall notify the city clerk within ten (10) days of change of address if the said owner, keeper or harborer should move within the corporate limits of the city.

(8) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog or presa canario dog registered with the city to any person within the city or its police jurisdiction unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog or presa canario dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the city or its police jurisdiction.

(9) Animals born of registered dogs. In the event that a registered pit bull dog or presa canario dog has a litter, all offspring born of such pit bull dog or presa canario dog must be permanently removed from the city or its police jurisdiction within six (6) weeks of the birth of such animal or delivered to the local animal shelter for destruction. Any pit bull dog or presa canario dog puppies kept contrary to the provisions of this subsection are subject to immediate impoundment and disposal.

(10) Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the city as a pit bull dog, presa canario dog, or any of those breeds prohibited by this subsection (c) is in fact a dog subject to the requirements of this section.

(d) Registration of pit bulls/presa canario dogs. Every pit bull dog (as defined above) or presa canario dog owned, kept or harbored within the city or its police jurisdiction upon the effective date of this section shall, within thirty (30) days of the effective date of this section be registered with the city. Such registration shall provide the name and address of the person owning, keeping or harboring such animal, the name of the animal, a description of the animal, and any and all other information deemed appropriate by the chief of police of the city. Upon registration of such animal with the city, the owner, keeper, or harborer of such animal shall be subject to all of the requirements of subsection (c). Any pit bull dog or presa canario dog found within the city or its police jurisdiction after thirty (30) days of the effective date of this section and which has not been registered with the city as required by this subsection (d) shall be impounded and disposed of in a humane manner and the owner, keeper, or harborer of such animal shall be subject to the fines and/or penalties set forth herein.

(e) Exceptions. The prohibitions and requirement of this section shall not apply to:

(1) Any licensed animal shelter which is authorized to temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this section.

(2) Any humane society operating an animal shelter which is registered and licensed by the city, which may temporarily hold any pit bull that has been received or otherwise recovered.

(3) Any person temporarily transporting into the city or its police jurisdiction a pit bull for the sole purpose of showing such pit bull in a place of public exhibition, contest or show sponsored by a dog club association or similar organization. Any person who transports a pit bull into the city or its police jurisdiction for such showing shall, at all times when the pit bull is being transported within the city or its police jurisdiction or to and from the place of showing, keep the pit bull securely leashed and muzzled as required by subsection (c).

(4) Any person transporting a pit bull dog or presa canario dog through the city or its police jurisdiction while engaged in interstate travel through or beginning or terminating in, the city or its police jurisdiction. Provided, however, that any such person who transports a pit bull dog or presa canario dog through the city or its police jurisdiction while engaged in interstate travel shall at all times while the said dog is within the limits of the city or its police jurisdiction secure the said dog as required by subsection (c).

(5) Any licensed veterinarian who keeps, or harbors any pit bull dog or presa canario dog for the purposes of treatment.

(Ord. No. 3-85-3, § I(5-15), 4-22-85; Ord. No. 02-05-03, § 1, 2-21-2005; Ord. No. 06-05-01, § 1, 7-18-2005)

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