In Maumelle, Arkansas, it is unlawful to own or keep a pit bull dog or an American Bulldog, with exceptions. For example, a banned breed may be brought into the city for the purpose of veterinary care, as long as the dog is secured and muzzled.
Sec. 10-133 . - Vicious animals and dangerous or potentially dangerous animals.
Sec. 10-134 . - Determination of vicious animal, dangerous animal, potentially dangerous animal; appeal procedure.
Sec. 10-133. - Vicious animals and dangerous or potentially dangerous animals.
(a) It shall be unlawful for any person to keep within the city any vicious or dangerous animal unless such animal shall be confined by the owner within a building or secure enclosure. Such animal shall not be taken out of such building or secure enclosure unless securely muzzled and under the physical control of a mature, responsible owner by lead or leash.
(b) When in the judgment of the office of animal services any animal, by virtue of one or more attacks of such severity as to cause severe injury or property damage, is determined to be a vicious animal, the office of animal services shall give notice of such determination to the owner, who shall forthwith comply with the provision of this section concerning vicious dogs or animals. After notice to the owner or if after documented diligent effort no owner can be located, to protect the public from imminent danger to persons or property, the office of animal services may have such animal humanely destroyed without regard to any time limitation otherwise established in this division.
(Ord. No. 314, § 1(3-14), 4-6-1998)
Sec. 10-134. - Determination of vicious animal, dangerous animal, potentially dangerous animal; appeal procedure.
(a) Generally. The office of animal services shall be responsible for determining whether an animal is vicious, dangerous or potentially dangerous; and upon such a determination, such office shall notify the owner of such determined classification. Although an appeal will not stay such determination, the owner may appeal determination by filing a notice of appeal with the municipal court within ten days of such determination.
(b) Confinement. An enclosure in which a vicious, dangerous or potentially dangerous dog or animal is kept must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the ground beneath the gate shall be secured by embedded posts, and the sides must be embedded into the ground no less than one foot unless such pen has a concrete bottom, in which case the sides need only be embedded two inches deep into the concrete. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition. Any stationary enclosure or pen shall be at least two square feet per pound/per animal so confined. This structure must be species-appropriate.
(c) At large, leash and muzzle. The owner of a vicious or dangerous animal shall not permit the animal to go unconfined unless the animal is securely muzzled and restrained by a chain or leash, while under the physical restraint of a person capable of restraining the animal, or kept in an adequate enclosure as outlined in subsection(b) of this section. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human or animal.
(d) Signs. The owner of a vicious, dangerous or potentially dangerous animal shall display in a prominent place on his premises a clearly visible warning sign indicating that there is a vicious, dangerous or potentially dangerous animal on the premises. A similar sign is required to be posted on each side of the pen, enclosure or kennel of the animal.
(e) Animal fighting or attack training. No person shall possess, harbor or maintain care or custody of any dog or other animal for the purpose of animal fighting; nor shall any person train, torment, badger, bait or use any animal for the purpose of causing or encouraging the animal to attack human beings, domestic animals or livestock. This does not include accredited animal training programs for police use or guard dog training.
(f) Banning of specific breeds. Banned breeds of dogs are banned entirely and may not be owned or kept within the city. Banned breeds of dogs are any of the following:
(1) American Pit Bull Terrier.
(2) Staffordshire Bull Terrier.
(3) American Staffordshire Terrier.
(4) American Bulldog.
(5) Any dog whose sire or dam is a dog of a breed which is defined as a banned breed of dog under this section.
(6) Any dog whose owner registers, defines, admits or otherwise identifies the dog as being of a banned breed.
(7) Any dog conforming or substantially conforming to the breed of American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or American Bulldog as defined by the United Kennel Club or American Kennel Club.
(8) Any dog which is of the breed commonly referred to as "pit bull" and commonly recognizable and identifiable as such.
(9) Any vicious dog which is found at large in violation of section 10-90.
(g) Publication. For any breed which is banned by subsection (f)(6) 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 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.
(h) Exceptions.
(1) 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, 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 section 10-133.
(2) No animal shall be declared vicious, dangerous or potentially dangerous if a domestic animal which was bitten or attacked was teasing, tormenting, abusing or assaulting the animal. No animal shall be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault or if the animal was protecting its young.
(i) Insurance. Owners of vicious animals must provide proof to the clerk of public liability insurance in the amount of at least $1,000,000.00 insuring the owner for any personal injuries inflicted on another by his vicious animal.
(Ord. No. 314, § 1(3-15), 4-6-1998; Ord. No. 607, § 1, 7-16-2006)