The municipal code of Minot, North Dakota makes it unlawful to harbor, own or keep a pit bull dog. If an animal control officer cites the owner, the owner must remove the dog from the city within 24 hours. If the dog is not removed, the police department will seize and impound the dog until a final court decision is made. If the dog is determined to be a pit bull, it shall be destroyed, unless the owner can prove that the dog will be permanently removed from the city.
Sec. 7-34. - Regulation of pit bull dogs.
(a) Definitions.
(1) Pit bull dog is defined to mean:
a. The bull terrier breed of dog;
b. Staffordshire bull terrier breed of dog;
c. The American pit bull terrier breed of dog;
d. The American Staffordshire terrier breed of dog;
e. A dog of mixed breed or of other breeds than above listed which breed or mixed breed is known as a pit bull dog or pit bull terrier;
f. Any dog which has the appearance and characteristics of being predominantly of the breed of bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bull, pit bull dog or pit bull terrier, or a combination of any of these breeds.
(2) Owner is defined to include someone who keeps or harbors a pit bull dog.
(3) Disability means a disability as that term is defined by the Americans With Disabilities Act of 1990 (ADA).
(4) Pit bull service dog means a pit bull dog that is individually trained as a service animal to do work or perform tasks as a service animal, as defined by the ADA.
(5) Pit bull assistance or support dog means a pit bull dog that assists, supports or provides services to a person with a disability, or an animal that is necessary as a reasonable accommodation to assist, support or provide services to a person with a disability.
(b) It shall be unlawful, and punishable under section 1-8 of the Minot Code of Ordinances, to harbor, own or in any way keep or possess within the corporate city limits of Minot, North Dakota, any pit bull dog as described in this section. When the animal control officer has knowledge of a possible violation of this section, the animal control officer shall cause the matter to be investigated. If after investigation there are reasonable grounds to believe there has been a violation of this section, the animal control officer shall cite the owner or keeper. The owner or keeper shall remove the dog from the city within twenty-four (24) hours of the service of the citation and shall not cause the dog to be returned to the city unless there is a final court decision in his or her favor. If the dog is not so removed, the police department shall seize and impound the dog, either with the consent of the owner of the property where the dog is located or by search warrant, until a final court decision. The owner or keeper of the pit bull dog will be responsible for the costs of impoundment. If the dog is determined to be a pit bull, it shall be destroyed, unless the owner produces evidence deemed sufficient by the court that the pit bull is to be permanently removed from the city and the owner pays the cost of impoundment. Costs of impoundment, if not paid, shall be assessed against the real property of the owner or keeper of the pit bull.
(c) The prohibition on keeping or possessing pit bulls within the city shall not apply to the following specific exception:
(1) A person with a disability may keep or possess a pit bull service dog or a pit bull assistance or support dog to the extent mandated by the ADA, Fair Housing Act or other federal or state law.
(2) A person entitled to keep or possess a pit bull service dog or a pit bull assistance or support dog under this exception may do so only if the person complies at all times with the following:
a. City dog license and inoculation requirements;
b. The dog must be kept confined at the owner's property indoors or, if outdoors, confined within a secure locked fence not less than six (6) feet in height or a secure six-sided pen, secured inside a transport container, or, if not confined at the owner's property or secured inside a transport container, muzzled and leashed under the control of the owner or other adult. The muzzle must be made of suitable material and fitted and fastened over the dog's snout or mouth and head in a manner that prevents the dog from biting any person or animal but allows room for the dog to breath and pant, and not cause injury to the dog or interfere with respiration or vision. The leash must be made of suitable material, no longer than four (4) feet in length and held at all times by the owner or other adult.
c. The dog may not be destructive, annoying or a nuisance as defined in section 7-25 or other city ordinance.
(Ord. No. 2844, § 1; Ord. No. 4162, § 2; Ord. No. 4967, § 2)
Editor's note— Ord. No. 2844, § 1, adopted Aug. 3, 1987, amended the Code by enacting provisions to be included as § 7-33. Inasmuch as a previous ordinance designated provisions as such, the provisions of Ord. No. 2844 have been numbered as § 7-34.