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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1985-0401 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 :9 .0 21 22 23 24 25 26 27 28 29 30 1 a2 as 34 Introduced by: Coun_cjj=B,_.Sjgj Temp. Ord. #1209 Rev. 7/22/85 Rev. 9/11/85 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-85-Ie. AN ORDINANCE CREATING ARTICLE II OF CHAPTER 4 OF THE TAMARAC CITY CODE REGULATING PIT BULL DOGS; PROVIDING FOR CONFINEMENT, MUZZLING; AND REGISTRATION OF PIT BULL DOGS; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR A HEALTH HISTORY; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR PENALTIES; PROVIDING REPEALER; PROVIDING SEVERABILITY OF INVALID PROVISIONS; PROVIDING FOR CODIFICA- WHEREAS, the canine species generally known as American Pit Bulldog, Pit Bull Terrier dog, Staffordshire Terrier dog, is notorious in the immediate geographic area for savage attacks on other animals and on people; and WHEREAS, reports have shown that pure and mixed breeds of such dogs have an extraordinary propensity to attack without warning; and WHEREAS, it is public knowledge that such dogs are kept for their violent nature and extraordinary strength; and WHEREAS, the City Council has determined, upon investi- gation and inquiry, that it is appropriate to take special measure with regard to such dogs in order to protect the citizens of the City; and WHEREAS, the City Council has determined that it is necessary and appropriate to register such dogs and to charge a fee therefore in order to defray the costs of regulation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTIQN_1: That Article II of Chapter 4 of the Tamarac City Code is hereby created to provide as follows: "Article II. Regulation of Pit Bull Dogs. Sec. 4-10. Definition of Pit Bull. a) The term "Pit Bull" as used in this Article shall refer to any dog which exhibits those distinguishing characteristics which: (1) Substantially conform to the standards established by the American Kennel Club for American Staffordshire Terriers or Staffordshire Bull Terriers: or (2) Substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers. (b) The standards of the American Kennel Club and the United Kennel Club referred to in paragraph (a) above, are attached hereto as Exhibit A and made a part hereof. Sec. 4-11. Pit Bull Dogs; Regulations: It shall be unlawful for any person to house, maintain or harbor within the City any dog which substantially conforms to U U -1- Temp. #1209 Rev. 7/22/85 Rev. 9/11/85 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 9 0 21 22 23 24 25 26 27 26 29 30 7 31 34 the standards enumerated in Exhibit A, except in accord- ance with the regulations contained in this Article. Sec. 4-12. Confinement; Muzzling. Every person having the custody, ownership or control of any pit bull dog within the City shall keep the same secured: a) Within a residence or other non-public locked premises; or b) Within a totally enclosed and lockable pen, with a top, constructed of six (6) foot high chain link fence, or an equally secure material; or c) Muzzled and on a leash of a length no greater than eight (8) feet held securely by a person. Sec. 4-13. Registration. Every person having the custody, ownership or control of any pit bull dog, as defined in this Article, shall register such dog with the City Clerk of the City on forms provided for such purpose. The clerk shall provide a copy of this Article to each person registering a pit bull dog. The regis- tration form shall include or provide for, but not be limited to, the following information: a) Name, address and telephone number of the owner or lessee of the location where the dog is kept. If the dog is kept at more than one location, information on all such locations must be supplied; b) The dog's breed, age, sex, color and distinguishing physical characteristics; c) A color photograph of the dog of at least 3 by 5 inch dimensions and of sufficient clarity to be used for identification of the dog; d) A copy of the records indicating that the dog has the required preventive innoculations and medications required under local, county and state law; e) Evidence of the liability insurance policy required pursuant to this Article; f) A duly executed affidavit indicating that the owner has received a copy of and knows the requirements of this Article and agrees to abide by the requirements. Sec. 4-14: Registration Fee. At the time of regis- tration, the person registering such pit bull dog shall pay a registration fee of Fifty Dollars ($50.00) in order to defray the costs of registration and regulations hereunder. Sec. 4-15: Insurance Requirements. Every owner of any pit bull dog which is brought or kept within the city, shall at all times that he owns such dog maintain a liability policy in full force and effect in a face amount of $1,000,000.00 to protect the general public from any injury or harm that the pit bull dog may cause. Section 4-16: Penalties. Any person or firm found in possession of an unregistered pit bull dog or in posses sion of a pit bull dog contrary to the conditions of this Article shall, upon conviction, be punished by a fine not to exceed $500.00 or by imprisonment in the County jail not to exceed sixty (60) days or by both such fine and imprisonment. Each violation of any rovi$ions of this cArticle shall be considered and shall onstitute a separate offense. ALI -2- Temp. #1209 Rev. 7/22/85 Rev. 9/11/85 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 9 0 21 22 23 24 25 26 27 28 29 30 1 12 34 Sec. 4-17: Judicial Enforcement. In addition to the other remedies provided herein and by general law, the City shall, at its discretion, have the right to seek the aid of the courts of the State of Florida with respect to the en- forcement of the provisions of this ordinance, which rights shall include the right to seek injunctive relief against such persons as may be determined by the City to be in vio- lation of the terms and provisions of this Article. In the event the City shall thus exercise such discretion and in the event the City shall prevail in such judicial efforts, the City shall have the right to demand and the right to receive, as damages against such persons, all costs of court and expenses, including reasonable attorney's fees, which the City may have suffered as a result of the enforcement of the terms, conditions and provisions hereof against such person from whom such relief is sought." S.B.9TIQN-2: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SPU1,Q-3: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision .shall not affect the validity of the remainder hereof as whole or any part hereof, other than the part declared to be invalid. UICTIDU -A: Specific authority is hereby granted to codify this Ordinance. 5EQTIQNi. 5: This Ordinance shall 'become effective immediately upon its final passage. PASSED FIRST READING this,)j�day of G�� 1985. PASSED SECOND READING thisfZ:d"ay of w, 1985. ATTEST: ASSISTANT CITY CLERK ��- I HERESY CERTIFY that I have approved the form and correct- ness of this ORDINANCE. ATTORNEY 12340071685/t RECORD OF COUNCIL VOTE MAYOR: KRAVITZ e. DIST 4: C/M STEIN, , DIST 3: C/M GOTTESMAN DIST 2: DIST 1: V/M MASSARO g,­ UU -3- �1 it © $�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 EXHIBIT "A" OFFICIAL A.K.C. STANDARDS American Staffordshire Terrier Head --Medium length, deep through, broad skull, very pronounced cheek muscles, distinct stop; and ears are set high. Ears --Cropped or uncropped, the latter preferred. Uncropped ears should be short and held half rose or prick. Full drop to be penalized. Eyes --Dark and round, low down in skull and set far apart. No pink eyelids. Muzzle --Medium length, rounded on upper side to fall away abruptly below eyes. Jaws well defined. Underjaw to be strong and have biting power. Lips close and even, no looseness. Upper teeth to meet tightly outside lower teeth in front. Nose definitely black. Neck --Heavy, slightly arched, tapering from shoulders to back of skull. No looseness of skin. Medium length. Shoulders --Strong and muscular with blades wide and sloping. Back --Fairly short. Slight sloping from withers to rump with gentle short slope at rump to base of tail. Loins slightly tucked. Body--Well-sprung ribs, deep in rear. All ribs c►ose together. Fore- legs set rather wide apart to permit of chest development. Chest deep and broad. Tail --Short in comparison to size, low set, tapering to a fine point; not curled or held over back. Not docked. Legs --The front legs should be straight, large or round bones, pastern upright. No resemblance of bend in front. Hindquarters well -muscled, let down at hocks, turning neither in nor out. Feet of moderate size, well - arched and compact. Gait must be springy but without roll or pace. Coat --Short, close, stiff to the touch, and glossy. Color --Any color, solid, parti, or patched is permissible, but all white, more than 80 percent white, black and tan, and liver not to be encouraged. Size --Height and weight should be in proportion. A height of about 18 to 19 inches at shoulders for the male and 17 to 18 inches for the female is to be considered preferable. Staffordshire Bull Terrier Head and Skull --Short, deep through, broad skull, very pronounced cheek muscles, distinct stop, short foreface, black nose. Pink (Dudley) nose to be considered a serious fault. Eyes --Dark preferable, but may bear some relation to coat color. Round, of medium size, and set to look straight ahead. Light eyes or pink eye rims to be considered a fault, except that where the coat surrounding the eye is white the eye rim may be pink. Ears --Rose or half -pricked and not large. Full drop or full prick to be considered a serious fault. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 EXHIBIT "A" (Continued) OFFICIAL A.K.C. STANDARDS Staffordshire Bull Terrier (Continued) Mouth --A bite in which the outer side of the lower incisors touches the inner side of the upper incisors. The lips should be tight and clean. The badly undershot or overshot bite is a serious fault. Neck --Muscular, rather short, clean in outline and gradually widening toward the shoulders. Forequarters --Legs straight and well boned, set rather far apart, without looseness at the shoulders and showing no weakness at the pasterns, from which point the feet turn out a little. Body --The body is close coupled, with a level topline, wide front, deep brisket and well sprung ribs being rather light in the loins. Hindquarters --The hindquarters should be well muscled, hocks let down with stifles well bent. Legs should be parallel when viewed from behind. Feet --The feet should be well padded, strong and of medium size. Dew- claws, if any, on the hind legs are generally removed. Dewclaws on the forelegs may be removed. Tail --The tail is undocked, of medium length, low set, tapering to a point and carried rather low. It should not curl much and may be likened to an old-fashioned pump handle. A tail that is too long or badly curled is a fault. Coat —Smooth, short and close to the skin, not to be trimmed or de - whiskered. Color --Red, fawn, white, black or blue, or any of these colors with white. Any shade of brindle or any shade of brindle with white. Black-and- tan or liver color to be disqualified. Size --Weight: Dogs, 28 to 38 pounds; bitches, 24 to 34 pounds. Height at shoulder: 14 to 16 inches, these heights being related to weights. Non- conformity with these limits is a fault. IF] I EXHIBIT "A" (Continued) OFFICIAL U.K.C. AMERICAN PIT BULL TERRIER STANDARD Retried January 1, 1978 OCCIPUT MUZZLE �PV ' Tt1 GH '* POINT OF F SHOULDER KNEE OR ' POINT OF .\STIFLE ELBOW HOCK PASTERN I REAR PASTERN JOINT FRONT OR HOCK PASTERN HOCK JOINT HEAD: Medium length. Brick like in shape. Skull flat and widest at the ears, with prominent cheeks free from wrinkles. MUZZLE: Square, wide and deep. Well pronounced jaws, displaying strength. Upper teeth should meet tightly over lower teeth, outside in front. EARS: Cropped or uncropped (not important). Should set high on head, and be free from wrinkles. EYES: Round. Should set far apart, low down on skull. Any color acceptable. . NOSE: Wide open nostrils. Any color acceptable. NECK: Muscular. Slightly arched. .Tapering from shoulder to head. Free from looseness of skin. SHOULDERS: Strong and muscular, with wide sloping shoulder blades. - BACK: Short and strong. Slightly sloping from withers to rump. Slightly arched at loins, which should be slightly tucked. CHEST: Deep, brit not too broad, with wide sprung ribs. RIBS: Close. Well -sprung, with deep back ribs. TAIL: Short in comparison to size. Set low and tapering - to a fine point. Not carried over back. Bobbed tail not ac- ceptable. LEGS: Large, round boned, with straight, upright pasterns, reasonably strong. Feet to be of medium size. Gait should be light and springy. No rolling or pacing. THIGH: Long with muscles developed. I locks down and straight. COAT: Glossy. Short and stiff to the touch. COLOR: Any color or marking permissible. WEIGHT: Not important. Females preferred from thirty to fifty pounds. Males from thirty-five to sixty pounds.