Sections:
6.16.01 Banned breeds
6.16.01 Banned breeds
A. Banned pit bull breeds of dogs are banned entirely and may not be owned or kept with the city. Banned breeds of pit bull dogs are any of the following:
- American Pit Bull Terrier.
- Staffordshire Bull Terrier, unless they meet the requirements of subsection (B) herein below.
- American Staffordshire Terrier, unless they meet the requirement of subsection (B) herein below.
- American Bull Dog.
- Any dog whose sire or dam is a dog of a breed which is defined as a banned breed of dog under this section.
- Any dog whose owner registers, defines, admits or otherwise identifies the dog as being of a banned breed.
- Any dog conforming or substantially conforming to the breed of American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier or American Bull Dog as defined by the United Kennel Club or American Kennel Club.
- Any dog which is of the breed commonly referred to as “pit bull” and commonly recognizable and identifiable as such
B. Exemption of registered AKC show dogs An AKC American Staffordshire Terrier or Staffordshire Bull Terrier may be exempted from the ban in subsection (A) provided that the owner produces documentation showing that the dog is a registered AKC American Staffordshire Terrier Staffordshire Bull Terrier show/performance dog.
The documentation to prove that a dog is an AKO American Staffordshire Terrier or Staffordshire Bull Terrier show dog/performance dog, must include:
- An AKC registration;
- AKC three-generation pedigree;
- Proof of the dog being used as a show dog once the dog reaches the age of six months: and
- The first five numbers of the AKC registration tattooed on the abdomen on
the upper side of the left rear leg.
The exemption provided for in the subsection will not apply to any AKC registered dog discussed above that is found to be vicious pursuant to Mayflower Municipal Code Section 6-14, et. seq.
C. Publication. For any breed which is banned by subsection (A) of this section, a copy of the standards of the American Kennel Club and United Kennel Club shall be kept on file in triplicate in the City Clerk’s office, and prior to the passage of any ban of such breed, the Clerk shall advertise the incorporation by reference of the standards of such breed of dog and shall state that copies of the standards will be on file for public review in the Clerk’s office prior to passage of the ban of such breed.
D. Grandfathering. The owner of a pit bull dog will have thirty (30) days after passage of this section to register the animal with Mayflower Animal Control pursuant to the following criteria:
- The animal was licensed prior to the effective date of this section.
- The owner shall provide proof of rabies vaccination.
- The owner and/or handler must be at least twenty-one (21) years of age as of January 1, 2005.
- The owner shall, at his/her own expense, have the animal spayed or neutered and shall present to the Mayflower Animal Control documentary proof from a licensed veterinarian that this sterilization has been performed. An owner of a prohibited dog may be exempted from the spay or neuter requirement if the owner produces documentation from a licensed veterinarian stating that a spay or neuter would put the dog’s life at risk or if the owner produces documentation showing that the dog is a registered AKC American Staffordshire Terrier or Staffordshire Bull Terrier show/performance dog as required by subsection (B).
- The owner shall bring the animal to the Mayflower Animal Shelter where authorized person (Mayflower Animal Control personnel or licensed veterinarian) shall cause a registration number assigned by the department to be tattooed on the animal (said number to be one inch in height and located on the abdomen near the upper inside of the right rear leg), or a micro-chip identification shall be attached at the owner’s expense. Mayflower Animal Control shall maintain a file containing the registration numbers and names of the animals and the names and addresses of the
owners. The owner shall notify Mayflower Animal Control of any change of address. (Ord. No. 2008-10, Sec. 1.) - The owner shall provide proof of, and agree to maintain in effect, a policy of liability insurance which will provide insurance coverage for any damages or injury caused by any animal permitted under this subsection, in an amount not less than One Hundred Thousand Dollars ($100,000.00) umbrella policy. (Ord. No. 2008-10, Sec. 1.)
E. Keeping of registered Pit Bull dogs under subsection (D) of this section
- No owner and/or handler shall permit a registered Pit Bull to go outside its kennel or enclosure unless such dog is securely leashed with a leash no longer than six (6) feet in length. 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, or buildings without the permission of the Mayflower Animal Control.
- All registered Pit Bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or fenced area, which includes a secure top, except when leashed as provided in sub-section (E)(1). All structures used to confine registered Pit Bull dogs must be locked with a key or combination lock when such animals are within the structure. All structures erected to house Pit Bull dogs must comply with all zoning and building regulations of the city of Mayflower. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
- 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 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 exiting the structure.
- All owners, keepers or harborers of registered Pit Bull dogs within the city shall 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 on the kennel or pen of such animal.
- All owners, keepers or harborers of registered Pit Bull dogs must within ten (10) days of the incident, report the following information in writing to the Mayflower Animal Control Officer as required hereinafter:
- a. The removal from the city or death of a registered Pit Bull dog.
- b. The new address of a registered Pit Bull dog owner should the owner move within the corporate city limits.
- No person shall sell, barter or in any other way dispose of a Pit Bull dog registered with the city to any person within the city 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 may sell or otherwise dispose of a registered dog to persons who do not reside within the city and will, therefore, remove the dog outside the city. Upon notification to Mayflower Animal Control that the dog has been sold to a person residing outside the city, Mayflower Animal Control will make a notation in its files, and the animal will no longer be allowed in the city.
- There shall be an irrebuttable presumption that any dog registered within the city as a Pit Bull dog or any of those breeds prohibited by the city code is, in fact, a dog subject to the requirements of this section.
- It shall be unlawful for the owner, keeper or harborer of a Pit Bull dog registered with the city of Mayflower to fail to comply with the requirements and conditions set forth in this ordinance. Any dog found to be the subject of a violation of this ordinance shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in revocation of the license of such animal, and initiation of the procedures set forth in subsection (G) below.
F. Exceptions. A banned breed of dog shall not be considered owned or kept in the city if the dog is only brought into the city to a licensed doctor of veterinary medicine located in the city for the purpose of veterinary care, as is necessary for the completion of veterinary care or for special event dog shows sanctioned by the city. Additionally, any dog used for law enforcement or other governmental purposes, by the Police Department, military, FDA or USDA are exempt from this section. However, the dog at all times shall be subject to all applicable restrictions by virtue of the breed of dog also being defined as a vicious animal in Chapter 6-14, et seq.
G. Procedure for dealing with violators. The owner or possessor of any dog found to be in violation of this ordinance shall be guilty of a violation and be subject to punishment as provided for pursuant to Mayflower Municipal Code Section 6-14. Additionally, the Animal Shelter shall handle dogs in violation of this section as follows:
1. The animal will be seized by Mayflower Animal Control and held for three business days for the owner to reclaim the dog with a reclaim fee of One Hundred Dollars ($100.00). The owner must sign an affidavit agreeing to immediately move the animal out of Mayflower city limits. The animal must be marked with a Mayflower Animal Control number and spayed or neutered prior to its release to the owner.
2. If the animal is not reclaimed within three business days as prescribed by subsection (G) (l), it shall be humanely destroyed by Mayflower Animal Control personnel.
3. If the animal is found within the city limits a second time, the owner shall, upon conviction in the Mayflower City Court, be fined as provided for pursuant to Mayflower Municipal Code 6-14. Any such order of conviction shall include seizure of the animal by Mayflower Animal Control personnel to be humanely destroyed.
H. Enforcement. This section may be enforced by either the Mayflower Animal Control or the Police Department. (Ord. No. 2007-10, Sec. 1.)
