New Franklin Pit Bulls ordinance (§ 205.170)

A. It shall be unlawful to keep, harbor, own, store or in any way possess within the corporate limits of the City any pit bull dog, provided that pit bull dogs residing in the City on the effective date of this Section may be kept within the City subject to the standards and requirements herein set forth. "Pit bull dog" is defined to mean:

1. Staffordshire bull terrier breed of dog;

2. The American pit bull terrier breed of dog;

3. The Americana Staffordshire terrier breed of dog;

4. Any mixed breed of dog which contains an element of any of the above listed breeds as to be identified partially as being related to or a part of such breeds.

5. Any dog which has the appearance and characteristics of being predominately of the breeds listed above and any other breed commonly know as pit bulls, pit bull dogs, pit bull terriers or any combination thereof.

B. Pit bull dogs residing in the City on the effective date of this Section and thereafter may be kept by their owners subject to the following standards:

1. Pit bull dogs must be registered with the City Animal Control Officer or other appropriate official within ten (10) days of the enactment of this Section.

2. No person shall permit a pit bull dog to go outside its enclosure or pen unless such dog is securely leashed with a leash no longer than four (4) 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 enclosure or pen unless a person is in physical control of the leash. Such dogs may not be leashed to intimate objections such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal's enclosure or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

3. All pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or enclosure, except when leashed and muzzled as provided above. Such pen, enclosure or structure must have secure sides and a secure top attached to the sides. All structures used to confine pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pens or the sides of pen must be embedded in the ground no less than two (2) feet. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the City. All structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

4. 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 obstacles preventing the dog from exiting the structure.

5. All owners, keepers or harborers of pit bull dogs within the City shall within ten (10) days of the effective date of this Section display in a prominent place on their premises a sign easily readable by the public using the words"Be Aware of Dog-Pit Bull". In addition, a similar sign is required to be posted on the enclosure or pen of such animal.

6. All owners, keepers or harborers of pit bull dogs must within ten (10) days of the effective date of this Section provide proof to the Animal Control Officer or other appropriate official of public liability insurance in a single incident amount of five hundred thousand dollars ($500,000.00) for bodily injury to or death of any person or persons or damage to property owned by any person or persons which may result from the ownership, keeping or maintaining of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first given to the Animal Control Officer. An effective insurance policy with the coverage and in the amounts specified herein must be maintained by the owner, keeper or harborer at all times. For purposes of civil suits against said owner, for liability for personal injuries to any person the pit bull dog shall be considered an animal with known dangerous propensities.

7. All owners, keepers or harborers of pit bulls dogs when registering the dog with the City must provide the Animal Control Officer two (2) color photographs (two (2) different poses) of the animal clearly showing the color and approximate size of the animal.

8. All owners, keepers or harborers of pit bull dogs must within ten (10) days of any such incident, report the following information in writing to the City Animal Control Officer as required hereinafter:

a. The removal from the City or death of a pit bull dog;

b. The birth of offspring of a pit bull dog;

c. The new address of a pit bull dog owner should the owner move from one address within the corporate City Limits to another address within the corporate City limits.

C. No person shall sell, barter or in any other way dispose of a pit bull dog registered within the City to any other 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 pit bull dog or the offspring of such dog to persons who do not reside within the City.

D. All offspring born of pit bull dogs within the City must be removed from the City within six (6) weeks of the birth of such animal.

E. It shall be unlawful for the owner, keeper or harborer of a pit bull dog to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be the subject of a violation of this Section shall be subject to immediate seizure and impoundment.

F. Any person violating or permitting the violation of any provision of this Section shall upon conviction be fined a sum not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) or a sentence of imprisonment not to exceed thirty (30) days. In addition, the court shall order the registration of the pit bull dog revoked and order the dog be removed from the City. Should the person so ordered fail to remove said dog from the City, the judge may find them in contempt and order the dog immediately confiscated and the animal may be impounded. Each day that a violation of this Section occurs, the violations shall be deemed a sperate offense. In addition to the foregoing penalties, any person who is held in contempt of court and said person's dog is impounded shall be responsible for all expenses for the pit bull dog including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this Section.

G. Once a pit bull dog has be impounded, the owner shall first (1st) pay all fines and expenses owing before said dog is returned to the owner. If the owner does not pay all fines and expenses within thirty (30) days, the court may order that another home be found for the dog or that the dog be placed with an animal shelter. If no other suitable place is found for the pit bull dog within ninety (90) days of impoundment and the owner has not paid the fines and expenses, the court may order the animal destroyed.