[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:
- A. Any dog which:
- (1) 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
- (2) 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
- (3) Without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death.
- B. “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.
- C. “Dangerous dog” includes pit bulls as defined in this article.
[Added 3-14-2006 by L.L. No. 2-2006]
- PIT BULL
- 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:
- A. The bull terrier breed of dog.
- B. The Staffordshire bull terrier breed of dog.
- C. The American pit bull terrier breed of dog.
- D. The American Staffordshire terrier breed of dog.
- E. 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.
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.
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]
In the event that any person is guilty of a second or subsequent violation of the same or any other provision of this article, in addition to any other penalties which may be imposed, the animal in question may be confiscated by the Village and then destroyed.
[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.