Thursday, February 24, 2011


Mar 23, 2007 - City  Alderman Walter Sloan says several dangerous dog attacks  and many calls and complaints about stray PIT BULLS started a push for the ordinance.

*Just a week before the ordinance passed 12 yr old Carlton Caruth watched a Pit Bull attack his poodle, Paco.  He grabbed a broom and screamed and yelled chasing the Pit Bull, but Paco died later at the Vet's office.

*Keylan Doherty, age 6, was literally torn apart by two Rotweillers.  After watching her son undergo 9 surgeries and almost die in the hospital, his mother Tina Doherty decided to take on Tennessee lawmakers.

*Billy Ogle was riding a bike when he was mauled by a pit bull just 3 weeks ago. He received puncture wounds across his arms, chest, and face.  The pit bull was so vicious, it tore its way out of a wire cage at animal control. Billy Ogle underwent plastic surgery for his injuries.

Among other things the ordinance calls for dog owners to keep their dogs in a locked pen or in a yard with an eight-foot fence that goes a foot into the ground.  Dangerous dog owners have to get liabiity insurance of $100,000 per dog, and register them every year.  The registration fee is $100.


SECTION 4-202. Purpose and Intent.

The purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Fayetteville. It is intended to be applicable to "dangerous" dogs, as defined herein, and to regulate dogs that are commonly referred to as "pit bulls," as defined herein, by ensuring responsible handling by their owners through registration, confinement, and liability insurance.

(h) Pit bull dog means and includes any of the following dogs:

(1) The Staffordshire Bull Terrier breed of dogs.

(2) The American Staffordshire Terrier breed of dogs.

(3) The American Pit Bull Terrier breed of dogs.

(4) Dogs that have the appearance and characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.

SECTION 4-208. Keeping of Dangerous Dogs.

The keeping of a dangerous dog as defined in Section 4-203© shall be subject to the following requirements:

(a) Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash not more than four (4) feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.

(b) Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.

(c) Confinement. Except when leashed and muzzled as provided in this Section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:  

(1) The structure must have secure sides and a secure top, or all sides must be at least eight (8) feet high;

(2) The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one (1) foot into the ground; and

(3) The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.

(d) Indoor Confinement. No dangerous dog shall be kept on a porch, patio or any part of a house structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(e) Signs. All owners, keepers or harborers of dangerous dogs shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog.

(f) Liability Insurance, Surety Bond. The owner of dangerous dog shall present to the Animal Control Officer proof that he/she has procured liability insurance or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering any damages or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the City be notified immediately by the agent issuing the policy in the event that the insurance policy is cancelled, terminated or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the twelve (12) month period for which a permit is sought, unless he ceases to own or keep the dog prior to the expiration date of the permit period. In the event that the owner proves to the satisfaction of the Animal Control Officer that insurance is not available, he may pay a non-refundable cash fee in the amount of one thousand dollars ($1,000) to the City 

SECTION 4-210. Pit Bull Presumed.

There shall be irrefutable presumption that any dog registered with the Animal Control Officer as a pit bull is a dangerous dog and is therefore subject to the requirements of this Ordinance.

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