§ 4-37. Keeping of pit bulls in city; penalties.

(a)

Findings.

(1)

Clarksdale has experienced a series of incidents in which citizens and animals have been threatened or attacked and injured by pit bull dogs.

(2)

The pit bull breed was developed for the purpose of producing fighting dogs.

(3)

To increase its effectiveness as a fighter, certain pit bull traits have been selected and maximized by controlled breeding, including:

a.

A set of powerful jaws with an exceptional ability to grip, lock and tear when dog bites;

b.

A unique insensitivity to pain that causes pit bulls to be exceedingly tenacious in attack;

c.

An unusually aggressive temperament toward human beings and animals; and

d.

An extraordinary directness in the method of attack that does not include the common warning signs such as barking or growling as displayed by other breeds.

(4)

For the reasons provided in this Section, unregulated and inadequately controlled pit bull dogs present a present danger to the health and welfare of the citizens and animals in the City different in degree and kind from the dangers presented by other breeds of dogs.

(b)

Regulations.

(1)

Generally. This ordinance is intended to utilize the authority and powers of the City in order to secure for the citizens of Clarksdale the protection of their health, safety and welfare. This ordinance is intended to be applicable to dogs which are commonly referred to as "pit bulls" and which are defined herein. This ordinance is designed to regulate these pit bull dogs and to ensure responsible handling by their owners through confinement and registration. The unique history, nature and characteristics of pit bull dogs have been determined to require the special regulations and provisions contained within this ordinance which the Board hereby finds reasonable and necessary.

(2)

Definition; identification of a pit bull dog. The term "pit bull" dog as used within this ordinance shall refer to any dog which exhibits those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club for American Staffordshire Terriers of Staffordshire Bull Terriers, or which substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers. Technical deficiencies in a dog's conformance to the standards described herein shall not be considered to indicate that the subject dog is not a pit bull dog pursuant to this ordinance. Testimony by a veterinarian or an individual with training, experience, education and qualifications duly recognized by the Municipal Court, that a particular dog exhibits distinguishing physical characteristics of a pit bull shall establish a rebuttable presumption that the dog is a pit bull.

(3)

Confinement of pit bull dogs.

a.

Because of the pit bull dog's inbred propensity to attack other animals, and because of the danger posed to humans and animals alike by a pit bull dog when running loose or while running together in a pack, pit bull dogs must at all times be securely confined indoors, or confined in a securely and totally enclosed and locked pen, constructed with cyclone type fencing material of at least 9 gauge wire in thickness; with all four (4) sides to be at least six (6) feet in height; with concrete slab foundation at least 4 inches in thickness; and a secured cyclone fence top; such enclosure shall likewise have a conspicuous sign affixed thereto displaying the words "Dangerous Dog."

b.

At any time that a pit bull dog is not confined as required in paragraph (1) above, the dog shall be muzzled in such a manner as to prevent it from biting or injuring any person or animal, and kept on a leash with the owner or custodian in attendance; provided, however, that no pit bull dog may be walked within fifty (50) feet of any school, nursery or daycare ground, nor enter onto such school, nursery or daycare ground.

c.

An exception to these confinement requirements is hereby provided for any pit bull dog in attendance at, and participating in, any lawful dog show, contest or exhibition sponsored by a dog club, association, society or similar organization.

(4)

Registration of pit bull dogs. Every owner of a pit bull dog within the City shall annually register said dog with the Clarksdale Animal Shelter and pay a fee of $10 per pit bull. The registration shall include the following: Name, address and telephone number of the dog's owner; the address where the dog is harbored, if different from that of the owner; a complete identification of the dog, including the dog's sex, color and other distinguishing physical characteristics; a color photograph of the dog, and a description of the method of compliance with the confinement requirements. Certification of rabies vaccination and proof of liability insurance shall be presented upon registration. The rabies vaccination tag shall be worn on the dog's collar at all times. Owners of pit bulls shall annually re-register their dog(s) on or by the anniversary date of the initial registration.

(5)

Owner age requirement. Owners, keepers or harborers of pit bull dogs or the like must be twenty-one (21) years of age. A person must be twenty-one (21) years of age to walk a pit bull dog or the like on a leash.

(6)

Limits of confinement. No more than three (3) pit bull dogs or the like shall be confined at any single dwelling in Clarksdale.

(7)

Altering of pit bull dogs. All pit dogs shall be neutered or spayed, and the appropriate certification shall be provided to the Clarksdale Animal Shelter upon registration.

(8)

Liability insurance. Owners of pit bull dogs or the like shall maintain a liability insurance policy in an amount not less than $100,000.00, for bodily injury or property damages arising from the events or occurrences associated with owning, keeping or harboring pit bull dogs or the like.

(9)

Enforcement. It shall be the duty and responsibility of the City's animal control officer and/or police department to enforce the provisions of this ordinance. Owners, keepers or harborers of pit bull dogs or the like, may be subjected to spot checks by local law enforcement and must be able to produce registration, proof of liability insurance, and show confinement to the satisfaction of this ordinance.

(10)

Schedule of penalties.

a.

Violations of this ordinance shall be punished as follows:

1.

First offense. A fine of not less than $100.00 nor more than $300.00 nor more than 10 days in jail, or both.

2.

Second offense. A fine of not less than $300.00 nor more than $500.00 nor more than 20 days in jail or both.

3.

A fine of not less than $500.00 nor more than $1000.00 nor more than 30 days in jail or both, and permanent relinquishment of all pit bull dogs or the like by the owner, keeper or harborer.

b.

A separate offense shall be held to have been committed each day that such violation shall occur or continue.

c.

The Municipal Court may order violators to pay all costs incurred by the City to include, but not limited to, veterinarian and boarding costs. Additionally, the Municipal Court may order the removal of a dog from the City limits of Clarksdale. This Ordinance does not preclude the concurrent prosecution of other animal control ordinances relating to the owner or dog.

d.

Enforcement of penalties for violations of this ordinance shall be within the jurisdiction of the City of Clarksdale Municipal Court.

(Ord. No. 1036, §§ 1, 2, 9-12-2011)