BillNumbe, 90fl-m ordinance Number 2111

AN ORDINANCE AMENDING CHAPTER 73, SECTION 725 OF THE ORDINANCES

OF THE CITY OF ORRICK MISSOURI SHALL HEREBY BE ENACTED TO

REGULATE HARBORING OR KEBPING OF PITBULLS WITHIN THE CITY LIMITS

OF THE CITY OF ORRICK, MISSOURI

WHEREAS, the Board of Alderman of the City of Orrick, Ray County. Missouri. in an

effort to better preserve the health, welfare and security of the Citizens of Orrick have deemed it

as necessary, proper, and in the best interest of the City, hereby proposed the following:

BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE

CITY OF ORRICK, MISSOURI, AS FOLLOWS:

Section l: Chapter 73 Sec. 725 of the Ordinances of the City of Orrick, Missouri is hereby

amended as follows:

SECTION 73.725 HARBORING OR KEEPING OF PITBULLS PROHIBITE,D IJNLESS

CERTAIN REQUIREMENT MET.

A. Prohibition; definition. It shall be unlawful to keep, harbor, own or in any way

possess within the corporate limits of the City of Orrick, Missouri, any pit bull dog

unless the owner or holder of that pit bull dog residing in the city has met the

standards and requirements herein set forth in Seqtion B herein. A "pit bull dog" is

defined to mean:

(l) The bull terrier breed of dog(2) Staffordshire bull tenier breed of dog;

(3) The American pit bull tenier breed of dog;

(4) The American Staffordshire terrier of breed of dog;

(5) Dogs of mixed breed or other breeds above

listed which breed or mixed breed is known as pitbulls, pit bull dogs, or pit bull terriers;

(6)Anydogwhichhastheappearanceandcharacteristicsofbeingpredominantlyofthebreedsofbullterrier,Staffordshire terrier, American pit bull terrier, American

Staffordshire terrier; any other breed commonly known

as pit bulls, pit bull dogs or pit bull terriers' or a

combination of any of these breeds'

B. Standards of keeping pit bulldogs in the City of orrick- Pit bull

dogs residing in the City of Orrick may he kept by their owners within

the city, subject to the following standards:

( l ) Registration. Pit bull dogs residing in the city must'be

registered with the city by the owners within ten (10)

days of the dog's owner residing within the City'

(2) Leash and muzzle. No person shall permit a pit bull

dog to go outside its kennel or pen unless such a dog is

securely with a leashno longer than four (4) feetinlength. 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. [n addition, all pit bulldogs on a leash outside the owner's property must be

muzzled by a muzzling device sufficient to preventsuch a dog from biting persons or other animals.

(3) Confinement. AII pit bull dogs shall be securely'confined indoors or in a securely enclosed and locked

pen or kennel, except when leashed and muzzles as

ubou. provided. Such pen. kennel or structure must have

secure 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

must have a secure bottom or floor attached to the sides

of the pen or the sides of the pen must be embedded inthe ground no less than two (2) feet All structures

erecied to house pit bull dogs must comply with allzoning and building regulations of the city. All such

structires must be idequately lighted and ventilated and

kept in a clean and sanitary condition.

(4) Confinement indoors. No pit bull 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 he 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 exiting the structure'

(5) Signs. All owners, keepers or harborers of pit bull'dogs

within the city shall within ten (10) days of the -

effictive date of this section display in a prominent place

on their premises a sign easily readable by the publ.i.c

using thi words "Beware of Dog-Pit Bull'" In addition'

a siriilar sign is required to he posted on the kennel or

pen of such animal.

(6) Insurance. All owners, keepers or harborers of pit'bull

dogs must within ten (10) days of moving into town

and/or 6wning a pit bull in Orrick, provide proof to the

C.

City of Onick of public liability insurance in a singleincident amount of three hundred thousand dollars($300,000.00), of bodily injury to or death of any personor persons or for damage to property owned by anypersons which may result from the ownership, keeping ormaintenance of such animal. Such insurance policy shallprovide that no cancellation of the policy will be madeunless ten (10) days written notice is first given to theCity of Orrick. A photocopy of the policy shall be

retained by the City of Orrick.

(7) One Pit Bull per household. In the City of Orrick,Missouri, a household or resident which meets therequirements to keep or harbor a pit bull dog may onlyhave one such pit bull per household regardless of thenumber of residents within said household. Offspring ofany pit bull shall be dealt with in accordance withsubsection D of this Ordinance.

(S) Identification photographs. All owners. keepers orharborers of registered pit bull dogs shall provide to theCity two (2) color photographs (two (2) different poses)

of the animal clearly showing the color and approximatesize of the animal.

(9) Reporting requirements. All owners, keepers,harborers of pit bull dogs must within ten (10) days of theincident, report the following information in writing tothe deputy city clerk as required hereinafter.

a. The removal from the city or death of a pit bull;b. The birth of offspring of a pit bull dog;c. The new address of a pit bull dog owner should

the owner move within the corporate city limits.

Sale or transfer of ownership prohibited. No person shall sell,

barter or in any other way dispose of a pit bull dog registered withthe city to any person who resides within the city unless the

recipient person meets the City's requirements for ownership:provided that the registered owner of a pit bull dog may sell orotherwise dispose of a pit bull dog or the offspring of such dog to

persons who do not reside within the city as they see fit.

Animals born of pit bull dogs. Alloffspring born of pit bull dogs

registered with the city must be removed frorn the city within eight(8) weeks of the birth of such anirnal.

D.

Irrefutable presumptions. There shall be an irrefutablepresumption that any dog registered with the city as a pit bulldog or any of those breeds prohibited by this article is in fact adog subject to the requirements of this section.

Failure to comply. It shall be unlawful for the owner, keeper orharborer of a pit bull dog registered with the city of orrick tofail to comply with the requirements and conditions set forth inthis section. Any dog found to be the subject of a violation ofthis section shall be subject to immediate seizure andimpoundment. In addition, failure to comply will result in therevocation of the license of such animal resulting in theimmediate removalof the animal from the city.

Penalty for violation of this Section shall be provided inSection 505,160: PENALTIES. Any person found guilty ofviolating the provisions of this Section shall he guilty of amisdemeanor and be punished in accordance with the provisionsof Chapter 79 of the Orrick Municipal Ordinance. The court shallhave the power to order the impoundment, release, removal fromthe City, return to the City, or confinement by an individual ofany animal seized, impounded, or the subject of a violation chargeunder Section 73.010 through 73730 after a preliminary or finalhearing on the merits. Nothing herein shall in any way restrict theinitial seizure or impoundment pursuant to Sections 73.010through 73.730. Nothing herein confers a right to any preliminaryhearing before the court on any issue. The Court shall have thepower to assess the costs of boarding any dangerous animalboarded by the City upon any conviction and cause saidassessment to be paid by the person who owned and/or possessedthe pit bull dog.

Section 2.ln any section, clause, phrase, or portion of this ordinance is

for afry.reason held invalid or unconstitutional by any court or competentjurisdiction, such portion shall be deemed as a separate, distinci andindependent provision, and such holding shall not affect the validity of theremaining portions hereof.

Section 3. That all ordinance or parts of ordinances in conflict herewithare hereby repealed.

Section 4. This Ordinance shall become effective immediately uponpassage by the Board of Aldermen.

E.

F.

G.

Fra+Mayor

Approved by the Mayor on the lb uu, o, M .2017.

Mayor

This ordinance having been read infgll pr by title two times prior to passage is hereby dulyenacted this ib ,n day of leW ,zotl.

Voting Or",fuUarhc-fi%+o*,hr*

VotingNay:

Clerk