In South Jordan, Utah, it is unlawful to own, possess, keep, exercise control over, maintain, harbor, transport or sell any "pit bull terrier." There is an exception for dogs licensed prior to the effective date of the ordinance, but such dogs are subject to certain requirements, such as the maintenance of $50,000 insurance for bodily injury or death. Such dogs must be properly confined or securely leashed and muzzled, and be implanted with an identification microchip. Any violation of this section is a class C misdemeanor.
6.12.100: PIT BULL TERRIERS:
A. Prohibition; Defined:
1. It is unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport or sell within the city limits any "pit bull terrier", as defined herein.
2. "Pit bull terrier", as used in this section, means any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, or any dog displaying a majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. The American Kennel Club and United Kennel Club standards for the above breeds are on file in the office of the city recorder.
B. Limited Application: The provisions of subsection A of this section shall not apply to any "pit bull terrier", as defined herein, which was legally licensed and kept within the city prior to the effective date of the ordinance codified in this section.
C. Regulations Governing Pit Bull Terriers: The following requirements shall apply to all pit bull terriers which were legally licensed and kept within the city prior to the effective date of the ordinance codified in this section:
1. Any person owning a legally licensed pit bull terrier kept within the city prior to the effective date of the ordinance codified in this section shall obtain a pit bull terrier permit from the city within sixty (60) days of the effective date of the ordinance codified in this section. Such permit shall be conditioned upon compliance with the provisions of this subsection. A pit bull terrier permit shall be valid for a period of one year. The permit may be renewed upon demonstrated compliance with all the provisions of this subsection.
2. Any owner of a pit bull terrier kept within the city shall provide evidence of financial responsibility and/or ability to respond in damages up to and including the amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage to property caused by the owner's pit bull terrier or which may result from the ownership, keeping or maintenance of a pit bull terrier within the city. Proof of ability to respond in damages may be evidenced by filing with the city a certificate of insurance from an insurance company authorized to do business in the state, stating that the owner is and will be insured against liability to respond in damages up to fifty thousand dollars ($50,000.00), or by posting with the city a surety bond sufficient to secure the payment of fifty thousand dollars ($50,000.00) in damages or by posting other equivalent evidence of financial responsibility as approved by the city manager.
3. Any pit bull terrier kept within the city shall at all times be either:
a. Confined within a secure enclosure which shall be enclosed on all four (4) sides and the top or if the top is not enclosed shall have sides a minimum of six feet (6') in height; or
b. If the dog is not within a secure enclosure shall be securely leashed and muzzled with the leash securely maintained by the person having custody or control over the pit bull terrier.
4. All pit bull terriers kept within the city shall be implanted, within sixty (60) days of the effective date of the ordinance codified in this section, with a pet identification microchip. The pet identification microchip scan data must be provided to the city before a pit bull terrier permit can be issued.
D. Hearing Procedures:
1. Any pit bull terrier kept within the city which is not in compliance with the provisions of subsection C3 of this section shall be subject to immediate seizure and impoundment and any animal control officer or police officer is authorized to make such seizure and impoundment. Any pit bull terrier so seized and impounded shall remain in impound until released or destroyed by order of the chief of police or city council. If no request for hearing is received within seven (7) days of seizure or impoundment, the pit bull terrier shall be humanely destroyed. Upon receipt of a request for hearing, the provisions of subsection D4 of this section shall apply;
2. Any animal control officer or police officer, in their discretion or upon receipt of a complaint alleging that any pit bull terrier kept within the city is not in compliance with the provisions of subsection C1, C2 or C4 of this section may initiate proceedings to have the pit bull terrier seized and impounded. A hearing on the matter shall be held in accordance with the provisions of subsection D4 of this section;
3. If any pit bull terrier shall attack, kill, wound or assist in attacking, killing or wounding any person or animal within the city, any animal control officer or police officer is empowered to seize and impound the animal. The pit bull terrier shall remain in impound until released or destroyed by order of the chief of police or city council. If no request for hearing is received within seven (7) days of seizure or and impoundment, the pit bull terrier shall be humanely destroyed. Upon receipt of a request for hearing, the provisions of subsection D4 of this section shall apply;
4. A hearing held pursuant to any of the provisions of this subsection shall be held before the police chief or the chief's designee. The person owning or having control over the pit bull terrier in question shall be given not less than seventy two (72) hours' written notice of the time and place of the hearing. The hearing notice shall set forth the description of the pit bull terrier in question and the basis for the allegation of noncompliance with this section. The notice shall also set forth that if the dog is determined to be in noncompliance with the provisions of this section, the owner shall either remove such dog from the corporate limits of the city, or provide evidence that the pit bull terrier has been destroyed or allow the animal to be humanely destroyed at the direction of the city. The notice of hearing shall be served upon any adult residing at the premises where the dog is kept or located or may be posted on the premises if no adult is present to accept service. At the hearing, it shall be the burden of the city to prove by clear and convincing evidence that a violation of the provisions of this section has occurred. Upon an allegation of noncompliance with the provisions of subsections C1, C2 or C4 of this section, the city's prima facie case shall be deemed established if it is demonstrated by clear and convincing evidence that the city has not received a permit application, has not received evidence of financial responsibility or has not received pet identification microchip scan data as applicable;
5. If, after a hearing, an order is made to permanently remove a pit bull terrier from the city limits or to destroy a pit bull terrier, a written order shall be served upon the individual or entity against whom the order is issued in the same manner as the notice of hearing. Such written order shall be served within three (3) days of the decision at the hearing. If the written order is not complied with within three (3) days of service, the police chief or the chief's designee is authorized to order the seizure and impoundment of the pit bull terrier. A pit bull terrier so seized shall be humanely destroyed after three (3) days;
6. The decision of the chief of police or his or her designee to destroy or remove a pit bull terrier from the city limits may be appealed to the city council. In order to appeal the decision, written notice of appeal must be filed with the city manager within three (3) days after receipt of the order to remove or destroy a pit bull terrier. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the chief of police or his or her designee;
7. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city manager. The hearing of the appeal shall be held by the city council at the next available city council meeting; provided in all circumstances, that proper public notice of the meeting agenda shall be given. The pit bull terrier shall remain impounded pending any appeal hearing, and if it is determined that the order to remove or destroy the pit bull terrier is valid, costs of impoundment shall be paid by the appealing party. Any appeal hearing before the city council may be continued for good cause. The city council may affirm, reverse or modify the order of the chief of police or the chief's designee, or may make such further order as the city council determines is warranted and is just under the circumstances. The city council's determination shall be in a written decision, and shall be made within seven (7) days after the hearing, or any continued session thereof. If an appellant fails to comply with an order of the city council within five (5) days of service of the written decision, the city may proceed to have the animal destroyed in a humane manner.
E. Criminal Penalties: Any violation of the provisions of this section shall be a class C misdemeanor.
(Prior code § 7.12.125; amd. Ord. 97-19)