The City of Sioux City, Iowa makes it unlawful to own, transport, or sell any pit bull, with exceptions. Pit bulls currently and continuously registered, licensed, properly confined and cared for are exempt from the ban, but a failure to maintain its status immediately removes its exemption. The poundmaster is authorized to immediately impound any pit bull that does not fall within one of the exceptions and is mandated to destroy the pit bull within ten calendar days.
Section 7.10.010 Pit Bull defined.
A pit bull is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog which has the appearance and characteristics of being predominately of the breeds of Staffordshire Terrier, American Pit Bull Terrier or American Staffordshire Terrier as set forth in the standards established by the American Kennel Club or United Kennel Club for any of the aforementioned breeds. (Ord. 2009-0051; 2008-0763)
Section 7.10.020 Pit Bull registration, confinement and care.
1. Licensing and Registration: All pit bulls in the City that were properly licensed and registered by their owners before April 25, 2009 for year 2009 shall be allowed until 5 p.m. on March 31, 2010 to complete renewal licensing and renewal registration for the year 2010. All pit bulls which were not registered or licensed prior to April 25, 2009 are excluded from this provision and remain banned from the City.
a. The following fee schedule shall apply until the close of the renewal licensing and renewal registration period for pit bulls on March 31, 2010:
(i). Fee for renewal licensing and registration on or before March 31, 2010 shall be twenty-five ($25.00) dollars plus ten ($10.00) dollars for each neutered dog and thirty ($30.00) dollars for each unneutered dog.
b. Pit bull license and registration renewals not completed by March 31, 2010 shall be deemed non-continuous and the pit bull will no longer be exempt from the ban.
c. License and registration, regardless of date of issue, shall expire on December 31st of each year and renewals for year 2011 and every year thereafter must be completed prior to March 1st or the license and registration will be deemed non-continuous and the pit bull will no longer be exempt from the City wide ban. Licensing fees for pit bulls in subsequent years shall be governed by Section 7.02.020(4).
d. Each year, upon the renewal of the license, the owner of a pit bull must register the pit bull by appropriately filling in the breed section of the registration form. The word pit bull should be placed next to the word breed on the form if the dog has the appearance and characteristics of being predominately of the breeds of Staffordshire Terrier, American Pit Bull Terrier or American Staffordshire Terrier.
2. Confinement and Care.
a. All pit bulls in the City shall be securely confined within an occupied house or residence or in a securely enclosed pen, kennel or dog run, except when leashed as provided in this section. Such pen, kennel or dog run must have secure sides and a secure top attached to the sides, or in lieu of a top, walls at least six feet in height and at least six feet taller than any internal structure. Such structure must have a secure bottom, floor or foundation attached to the sides of the pen, or the sides of the pen must be embedded in the ground not less than two feet to prevent digging under the walls by the confined pit bull. All structures must comply with all city zoning and building regulations. All structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
b. No pit bull may be kept on a porch, patio or in any part of a house of structure that would allow the dog to exit on its own volition.
c. No pit bull may go outside its pen, kennel, dog run, house or residence, unless the pit bull is securely leashed with a leash no longer than six feet in length.
d. No pit bull shall be kept on a chain, rope, or other type of leash outside its kennel, pen, dog run, house or residence, unless both the pit bull and the leash are under the actual physical control of a person 18 years old or older.
e. No pit bull shall be permitted to go off the premises of the owner unless the pit bull is secured by a leash no longer than six feet in length and under the actual physical control of a person eighteen years of age or older.
f. Pit bull dogs shall have an identification microchip placed under the pit bulls skin and the identification must be kept current. (Ord. 2010-0155; 2009-0349; 2009-0051; 2008-0763)
Section 7.10.030 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 of Sioux City, Iowa, any pit bull. (Ord. 2009-0051; 2008-0763)
Section 7.10.040 Exceptions.
1. Pit bulls currently and continuously registered, licensed, confined and cared for pursuant to Section 7.10.020 of this Chapter shall be exempt from Section 7.10.030. Failure to register or license a pit bull pursuant to 7.10.020(1) immediately removes this exemption from the pit bull. Failure to confine and care for the pit bull pursuant to 7.10.020(2) shall result in a written warning. Failure to confine and care for a pit bull after a warning has been previously issued for the pit bull shall immediately remove the exemption from the pit bull.
2. Offspring of registered pit bulls shall be exempt from Section 7.10.030 for the first six months of life. Within ten days of their birth, owners of offspring of registered pit bulls shall send a certified letter to the poundmaster announcing their birth. Failure to properly notify the poundmaster shall remove the exemption from the offspring.
3. Pit bulls temporarily held by the Human Society of Sioux City shall be exempt from Section 7.10.030.
4. Pit bulls temporarily transported and held in the City for the purpose of showing the pit bull in a place of public exhibition, contest or show sponsored by a dog club association or similar organization shall be exempt from Section 7.10.030. Pit bulls may not be temporarily transported or held in the City for the above referenced purpose for more than thirty days.
5. Pit bulls held in the Citys animal shelter, transported by City personnel or transported by persons contracted by the City for animal control services shall be exempt from Section 7.10.030. (Ord. 2009-0051; 2008-0763)
Section 7.10.050 Impoundment.
1. The poundmaster of the City of Sioux City, Iowa, is authorized to immediately impound any pit bull found in the City of Sioux City, Iowa, which does not fall within one of the exceptions contained in Section 7.10.040 above. Unless it is determined that the pit bull falls under one of the exceptions and subject to subsection 2 below, ten calendar days after impoundment the poundmaster shall destroy the pit bull unless the owner of the pit bull produces evidence deemed sufficient by the poundmaster that the pit bull is to be permanently taken out of Sioux City, and the owner pays the cost of impoundment.
2. When the poundmaster has impounded any pit bull pursuant to this section or when the poundmaster has issued a written warning pursuant to Section 7.10.040(1) and the owner of the pit bull disputes the classification of the animal as a pit bull, disputes the issuance of a warning and/or disputes whether the pit bull is exempted from Section 7.10.030, the owner of the pit bull may file a written request for a hearing with the City Manager or the City Managers designee within seven calendar days after impoundment. The appellant/owner of the pit bull shall bear the burden of proof. The City Manager or the City Managers designee will act as hearing officer. At the conclusion of the hearing or some time thereafter the hearing officer shall render a written decision. The findings of the City Manager or the City Managers designee shall be conclusive.
3. The City Manager or the City Managers designee upon finding that the animal is a pit bull pursuant to subsection 2 above shall order the destruction of the pit bull unless the owner of the pit bull produces evidence deemed sufficient by the poundmaster that the pit bull is to be permanently taken out of Sioux City, and the owner pays the cost of impoundment. The City Manager or City Managers designee shall not destroy any pit bull until all legal proceedings and appellate time frames have expired.
4. Nothing herein shall prevent the poundmaster from simultaneously following any other procedure or process contained within this Title as appropriate. (Ord. 2009-0051; 2008-0763)