[Adopted 6-11-2002 by L.L. No. 4-2002]
The Village of Spring Valley Board Trustees
makes the following findings: regulating pit bulls and other dangerous
dogs in the manner prescribed by this article will improve public
safety and encourage responsible ownership of pit bulls and other
dangerous dogs. The Village of Spring Valley has an extremely dense
population and an extremely large number of dogs, many of which are
pit bulls or another dangerous breed of dog. The Police Department,
the Village of Spring Valley and other emergency personnel stated
that pit bulls and other dangerous dogs hinder law enforcement and
the provision of emergency services to Spring Valley residents. Pit
bulls and other dangerous dogs also create a public danger to the
health and safety of pedestrians, invitees and others within the Village
of Spring Valley.
This article shall be known as the "Spring Valley
Pit Bull Law."
As used in this article, the following terms
shall have the meanings indicated:
[Added 3-14-2006 by L.L. No. 2-2006]
Any dog which:
Without justification attacks a person, companion
animal as defined in § 350, Subdivision 5, of the State
Agriculture and Markets Law, farm animal as defined in § 250,
Subdivision 4, of the State Agriculture and Markets Law or domestic
animal as defined in § 108, Subdivision 7, of the State
Agriculture and Markets Law and causes serious injury or death; or
Behaves in a manner which a reasonable person
would believe poses serious and unjustified imminent threat of serious
physical injury or death to one or more persons, companion animals,
farm animals or domestic animals; or
Without justification attacks a service dog,
guide dog or hearing dog and causes physical injury or death.
“Dangerous dog” does not include
a police work dog, as defined in § 108, Subdivision 18,
of the State Agriculture and Markets Law, which acts in the manner
described in this definition while such police work dog is being used
to assist one or more law enforcement officers in the performance
of their official duties.
“Dangerous dog” includes pit bulls
as defined in this article.
A dog belonging to any one of the following breeds or possessing
any of the characteristics of such breeds as such breeds and characteristics
are defined by the American Kennel Club and the United Kennel Club:
The bull terrier breed of dog.
The Staffordshire bull terrier breed of dog.
The American pit bull terrier breed of dog.
The American Staffordshire terrier breed of
dog.
Any dog which has the appearance, characteristics
or ancestry of being predominantly of the above-stated breeds and/or
any other breed commonly known as "pit bulls", "pit bull dogs" or
"pit bull terriers" or a combination of any of these breeds.
Whenever a pit bull or other dangerous dog is
outside of closed premises, it shall be restrained by an adequate
collar and leash and shall have a muzzle securely affixed to the animal's
mouth, which muzzle shall be affixed to a harness and which must prevent
the animal from using its mouth for fighting. No barbed wire or spiked
collar or other type of collar shall be permitted on the pit bull
or other dangerous dog which shall hamper efforts to subdue the animal.
Any owner, handler or person responsible for the animal shall not
permit any pit bull or other dangerous dog, whenever the pit bull
or other dangerous dog is outside of closed premises, to be without
such restraints or to wear such collars. In addition, any owner, handler
or person responsible for the dog or other dangerous dog outside of
closed premises shall carry with him or her an implement capable of
forcing open the animal's jaws.
A.
All regulated animals shall be securely confined indoors
or in a securely enclosed and locked pen, cage or kennel, except when
leashed and muzzled as above provided. Such pen, kennel or structure
must have secure sides and a secure top attached to the sides. All
structures used to confine a pit bull or other dangerous animal 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 pen, or the sides of the pen must be embedded
in the ground no less than two feet. All structures erected to house
regulated animals must comply with all zoning and building regulations
of the Village. All such enclosures shall be surrounded by a double
fence, each fence at least three feet apart from the other.
B.
No regulated animal may be kept on a porch, patio
or in any part of the house or structure that would allow the animal
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
animal from exiting the structure.
The owner of the premises on which a pit bull
or other dangerous dog is kept, maintained or housed shall cause to
be posted, at each entrance to the premises, a legible and conspicuous
notice as follows: "WARNING: DANGEROUS DOG."
Every owner of a pit bull or other dangerous
dog shall maintain $100,000 in liability insurance for such dog or
other dangerous dog.
[Amended 3-14-2006 by Ord. No. 2-2006]
[Added 3-14-2006 by L.L. No. 2-2006]
This chapter may be enforced by an Animal Control
Officer, police officer or peace officers.
