ORDINANCE NO DOG ORDINANCE For the City of Walnut Ridge, Arkansas

Size: px

Start display at page:

Download "ORDINANCE NO DOG ORDINANCE For the City of Walnut Ridge, Arkansas"

Bartholomew Franklin
5 years ago
Views:

1 ORDINANCE NO DOG ORDINANCE For the City of Walnut Ridge, Arkansas AN ORDINANCE AMENDING ORDINANCES NUMBERS 105, 315, 570, AND , PRESCRIBING CERTAIN RULES AND REGULATIONS WITH RESPECT TO THE CARE, KEEPING, INSURING, AND LICENSING OF DOGS WITHIN THE CITY OF WALNUT RIDGE, ARKANSAS; REQUIRING DOGS TO BE PLACED ON A LEASH WHEN NOT WITHIN A PROPER PEN, BUILDING, OR ENCLOSURE; MAKING PROVISIONS FOR VICIOUS ANIMALS; PROVIDING FOR THE VACCINATION OF ANIMALS; REQUIRING PURCHASE OF A CITY LICENSE AND PROVIDING FOR THE KEEPING OF ANIMALS PICKED UP BY ANIMAL CONTROL OR OTHER OFFICERS OR OTHER EMPLOYEES DESIGNATED BY THE CITY; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, animal control has become a predominant community concern and now requires expanded measures regarding the regulation of ownership and keeping of dogs; and WHEREAS, the existing City Ordinances concerning issues related to the regulation of ownership and keeping of dogs, specifically ordinances numbers 105, 315, 570, and , are insufficient or not complete for this purpose: BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WALNUT RIDGE, ARKANSAS THAT THE FOLLOWING ORDINANCES ARE HEREBY REPEALED: 1. Ordinance 105, Entitled Animals 2. Ordinance 315, Entitled Dogs Running at Large 3. Ordinance 570, Entitled Establish Regulations, Restrictions, Provisions of Dogs 4. Ordinance , Entitled Amendment to , Regulations of Dogs and Other Animals BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF WALNUT RIDGE, ARKANSAS THAT THE FOLLOWING SHALL BE THE DEFINITIONS, PROVISIONS, FEES, FINES, AND REGULATIONS CONCERNING THE OWNERSHIP AND KEEPING OF ANIMALS IN THE CITY OF WALNUT RIDGE, ARKANSAS, ALSO KNOWN AS THE DOG ORDINANCE : SECTION 1: The following words or phrases shall, for the purposes of this ordinance, have the following meanings: A. Dogs: When used herein shall include animals of at least eight (8) weeks of age, both male and female, which are members of the canine, or dog, family (canis familiaris). B. Animal: When used herein shall include dogs as well as any other animals kept as property or pets, which may be affected by rabies.

2 C. Owner: Every person, firm, partnership, or corporation, owning, keeping, or harboring an animal within the corporate limits of the city. Owner shall additionally mean any person who i. Has a right of property in a dog; ii. Keeps, harbors, cares for, feeds, acts as the custodian of a dog; or iii. Knowingly permits a dog to remain on or about any premises occupied by him or her. D. At-large: Any animal not on the premises of the owner or within a house or other building or enclosure or restrained on the premises of the owner. E. Vaccination against rabies: means the injection subcutaneously or otherwise, of antirabic vaccine, as approved by the United States Department of Agriculture or the State Board of Health and administered by a licensed veterinarian or agent of the Department of Health. F. Has Been Bitten: means the skin has been penetrated by an animal s teeth and saliva has contacted a break or abrasion of the skin. G. Vicious Dog: (i) Any dog which, without provocation, attacks or bites, or has attacked or bitten a human being or other domestic animal; or (ii) A dog with a propensity, tendency, or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of human beings or other domestic animals, or; (iii) Any dog which chases or charges a person or other domestic animal in a menacing manner, or attempts to do so. H. Clerk: The City Clerk of the City of Walnut Ridge, Arkansas or their duly authorized agent. I. Proper Care: Proper care of an animal shall be synonymous with the humane care of an animal and shall include provision of all domestic animals with sufficient good and wholesome food and water; shelter which provides protection from the weather, including four sides with an opening, roof, and floor, veterinary care when needed to prevent disease and suffering; and no inhumane discipline, care, or treatment. SECTION 2. The owner of a dog that has been deemed vicious shall be required to maintain public liability insurance in the minimum amount of $25,000 per person and $50,000 per occurrence to insure the owner of the animal for any personal injuries inflicted by the dog. Any resident of the City of Walnut Ridge, Arkansas who owns a vicious dog and who rents, resides, stays for more than three (3) overnight periods consecutively, or agrees to keep a vicious dog temporarily for another owner shall be responsible for carrying a policy of insurance for a renter in possession of a vicious dog and shall be responsible for maintaining an active policy in the amounts set forth. SECTION 3. It shall hereafter be unlawful for any person, firm, corporation, or association to keep within the corporate limits of the City of Walnut Ridge, Arkansas any unconfined dog. A dog is unconfined if it is not securely confined indoors or confined in a securely enclosed area and locked pen or structure upon the premises of the owner of the dog. The pen or structure must be of a size where each dog contained therein shall have at least fifty square feet of space. Therefore any pen five feet by ten feet (5 x 10 ) may only contain one (1) dog while a pen ten feet by ten feet (10 x 10 ) may contain two (2) dogs at any one time. All such pens or structures

3 must be kept in a clean and sanitary condition and must conform to other standards as listed hereinafter concerning shelter, access to food, access to water, and other standards. Any and all pens or structures used to restrain and house a dog of the pit bull type breed shall be kept in a pen constructed of aluminum with 9-gauge or heavier galvanized fencing surrounding the structure. If other materials are used, said materials must be heavier and stronger in quality and shall in all instances be able to contain all breeds of dogs, including pit bull type dogs. SECTION 4. It shall hereafter be unlawful for any person, firm, association, or corporation to own, keep, or harbor more than four (4) dogs over six (6) months old within the corporate limits of the City, except that this provision shall not apply to proprietors of animal grooming, boarding, and veterinarians when such dogs are kept upon the premises used by said groomer, boarder, or veterinarian in their normal place and course of business. Keeping on the premises of the owner of more than four (4) dogs shall be prima facie evidence of violation of this section and the burden of proof shall be on the owner to show the ages of such animals. SECTION 5. All dogs kept by an owner within the City limits shall be vaccinated annually against rabies by an accredited veterinarian when the animal is four (4) months old. A metal tag evidencing such vaccination shall be attached to the harness or collar of every dog in the City. Any person who shall keep any dog in the City without first having such dog vaccinated for rabies at least once per year, shall be guilty of a misdemeanor. Failure to obtain the required rabies vaccinations as required by state law shall result in a fine of no less than $80.00 per occurrence, which amount shall be immediately payable to the City of Walnut Ridge. SECTION 6: In case of loss of an animal s tag evidencing proper vaccination for rabies, the owner shall be responsible for obtaining a replacement tag from the administering veterinarian. No tag shall be transferrable between animals. The veterinarian-provided metal tag shall bear an identification number and said number shall be the license number registered with the City for the animal. Upon the next year s vaccination of a pet and assignation of a tag number differing from the year prior, it shall be the responsibility of the pet owner to register the new number with the City when making yearly application for a license as described herein. SECTION 7: Levy and Amount of License: There is hereby levied and there shall be collected an animal licensing fee in the amount hereinafter determined on each animal owned, harbored, or kept within the City. Said fee shall be paid to a person at a location authorized by the City. No permit shall issue for any animal to any owner who has not complied fully with all requirements of this ordinance, which shall include, but not be limited to, payment in full of unpaid fines assessed previously or fines for past violations and for other animals. SECTION 8. For each neutered male or spayed female dog to be owned, harbored, or kept within the City, a licensing fee shall be paid in the amount of $5.00 per year or a lifetime license fee may be purchased for $ The lifetime license fee shall not be transferrable and shall only be available for altered animals. Proof of alteration may be required. For each unaltered dog to be owned, harbored, or kept within the City, a licensing fee shall be paid in the amount of $15.00 per year. In the event a pet dies prior to the expiration of the licensing period, there shall not be a refund of any amount paid herein and the license, whether a yearly license or a lifetime license,

4 shall not be transferrable to another pet. An exception shall be made for any certified service animals, who shall be exempt from payment of any fees for their pets. For this exemption, the service animal must be certified by a prominent agency with proof of current certification. Should a service animal no longer be certified or in use as a service animal, this exemption shall no longer apply and a yearly or lifetime tag fee must be paid to be in compliance. SECTION 9. A dog may be temporarily unconfined for the minimal amount of time possible for the following activities and reasons: A. Transporting the dog to and from veterinary appointments; B. Transporting the dog to or from a licensed kennel for lodging or breeding; C. Transporting the dog to the location of a purchaser of the dog; or D. Recreation as further defined in SECTION 10 of this ordinance. When exercising these exceptions, the owner of a dog shall not permit the dog to become unconfined unless the leash provisions of section 10 below are fully met. SECTION 10. The owner of a dog shall not permit the dog to go beyond the premises of the owner unless the dog is securely restrained by a chain or leash, and under the physical restraint of a person whose weight is equal to or greater than said dog. Any leash or chain used shall be of appropriate weight for the dog and shall not exceed six (6) feet in length. Any person, while walking a dog, is responsible for cleaning up any feces left on the property of others. SECTION 11. No person owning, possessing, or keeping animals shall fail to provide each animal with sufficient, good, and wholesome food and water; shelter which provides protection from the weather, including four sides with an opening, roof, and floor (a doghouse), with veterinary care as needed to prevent suffering and to promote good health (vaccinations) and with humane care and treatment. SECTION 12. No person shall beat, cruelly ill-treat, torment, tease, overload, overwork, or otherwise abuse an animal or cause, instigate, or permit any dogfight, cockfight, bullfight, or any other combat between animals or between animals or humans. SECTION 13. No owner of an animal shall abandon such animal. SECTION 14. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and report the accident to the appropriate law enforcement agency or to the local animal control officer. SECTION 15. No person owning, possessing, or keeping animals shall allow the animals to run at large within the City of Walnut Ridge, and the presence of any such animal on any public street, alley, sidewalk, park, or ground or upon any property not belonging to the owner of such property, shall be prima facie evidence that such animal is at large and in violation of this section. SECTION 16. The animal control officer or other person authorized and designated by resolution of the City Council of the City of Walnut Ridge, shall take into custody any domesticated animal

5 found at large in the City of Walnut Ridge, and shall impound the animal in the City shelter or such other place as may be designated by the city council or other authorized person of said City of Walnut Ridge, for purposes of impoundment. Such impounded animal shall be held for a period of five (5) days (including the weekend) at the end of which time the animal shall be declared abandoned by the owner and shall become property of the City of Walnut Ridge and shall be placed for adoption or humanely euthanized by a licensed veterinarian or the animal control officer. During the five (5) days of such impoundment the animal control officer or other such person designated by the city council shall make a diligent effort to determine the owner of such animal and notify them of such impoundment. Such efforts may be in the form of personal inquiry, published notice, posted notice, or internet notice on a City-sponsored website or social media page, provided, however, that posting of notice includes a description of the assumed breed of the animal, if one may be determined, as well as the color, size, apparent age, and the description of any collar worn by said animal, shall constitute diligent efforts to determine the owner. If, in the instance that the animal carries its owner s address, the municipality shall give the owner notice at least five (5) days prior to the proposed destruction of the animal. For the purposes of this section, five (5) days shall be defined as the day the animal is impounded plus four additional days. SECTION 17. Any person owning, possessing, or keeping an animal which has been allowed to run at large and which has been impounded for the first time will receive a written warning and may claim and retrieve such animal from the city shelter by payment of a $10.00 pickup fee (plus proof of current rabies vaccination and proof of current city license, if applicable). The second time the same animal is impounded a citation will be issued with the fine not to exceed $50.00 for pickup fee with same conditions applicable for proof of rabies vaccination and current city license. The third time the same animal is impounded, a citation shall issue and a fine shall be levied of not more than $ and the owner will be required to execute an affidavit assuring the City that the animal will be rehomed outside City Limits within ten (10) days of retrieving the animal from the impound facility. SECTION 18. In addition to the pickup fees, there shall be a daily boarding fee assessed to the owner, which shall be the amount of $35.00 per day per animal or the actual charge of the boarding facility to the City, whichever is greater. Charges shall begin to accrue upon impounding of the animal and all portions of a day shall be charged at full amount, not by the number of hours the animal remains at the impound facility. SECTION 19. In all cases, proof of current rabies vaccination and current license status of each impounded animal is the responsibility of the owner of the animal. The owner must obtain a current license and pay all outstanding fines prior to the release of the impounded animal. In the event the animal being released is not current on vaccinations, or no proof is available for said vaccinations, the owner must sign a promise in writing to the authorized representative of the City stating that person will be responsible for immediately having the animal vaccinated by a licensed veterinarian within seven (7) days and/or returning proof of said vaccination to the City representative in that time period. Failure to return said proof after signing a statement with the City shall be punishable by citation and a fine of not more than $ This fee shall be in addition to any other fees owed by the individual for subsequent impounding of an animal.

6 SECTION 20. Any dog or other animal having rabies or symptoms thereof or suspected of having rabies or which has been exposed to rabies shall be confined, quarantined, and observed pursuant to A.C.A. Section through 312 and the Rules and Regulations Pertaining to Rabies Control promulgated by the Arkansas State Board of Health. SECTION 21. It shall hereinafter be unlawful for any person, firm association, or corporation to keep on his, her, its, or their premises under his, her, its, or their control, any animal which by loud vocal sounds shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where such animal is kept. For the purpose of this section of the ordinance, animal shall include, but shall not be limited to, birds and other vocal animals, such as peacocks and roosters. SECTION 22. When any domesticated animal has bitten, scratched, or otherwise attacked a person to the extent that medical attention is required, that person or anyone having knowledge of such incident shall immediately notify the Chief of Police or Animal Control/Code Enforcement Officer of the City of Walnut Ridge and such animal shall be confined, quarantined, and observed pursuant to A.C.A. Section through 312 and the Rules and Regulations Pertaining to Rabies Control promulgated by the Arkansas State Board of Health at the expense of the owner or custodian. Such animal shall during such period of confinement be subject to inspection by the animal control officer, licensed veterinarian, or other person authorized by the City Council or state law. When impounding any animal for observation under this or any other section of this Ordinance, the authorized representative of the City shall not be required to obtain the permission or make notification to the owner of the animal prior to initiating the observation period. Cost of boarding shall be borne by the owner of the animal and shall be payable to the City of Walnut Ridge. Rates for such impoundment shall be as listed above in Section 18. SECTION 23. It shall be unlawful for any person, pet shop, or kennel to sell, offer to sell, or expose any diseased or poisonous animal or any animal the sale of which is prohibited by Federal Law. SECTION 24. Every place used as a kennel or pet shop shall be kept in a clean and sanitary condition and no refuse or waste materials shall be allowed to remain thereon for more than 24 hours. The owner or operator of a kennel or pet shop shall properly treat any diseased animal and shall properly isolate those animals having a disease contagious to animal or human life; provided, any animal which is diseased past recovery shall be destroyed. All animals in a kennel or pet shop shall be humanely treated and properly nourished. Animals shall not be confined in one area in such manners that access to food and water is not readily available. SECTION 25. It shall be unlawful for any person, firm, association, or corporation hereafter keeping or harboring animals to fail to keep the premises where such animals are kept free from offensive odors to the extent that such odors are disturbing to any person residing within a reasonable proximity of the said premises, and it shall be unlawful to allow premises where animals are kept to become unclean and a threat to the public health by any failure to diligently and systematically remove all animal waste from the premises.

7 SECTION 26. It shall be unlawful for any person to shoot, hunt, kill, poison, chase, wound, or molest any domesticated animal within the corporate limits of the City of Walnut Ridge, unless in the defense of themselves, another human, or another domesticated animal. SECTION 27. The provisions of this ordinance shall not be in force for a period of thirty (30) days from the date of adoption and publication of this ordinance, thereby allowing owners ample time to provide for proper quarters or care of animals elsewhere than on owners premises, SECTION 28. No person, firm, corporation, or association shall maintain any vicious dog within the City of Walnut Ridge. SECTION 29. Any owner or custodian of a dog in violation of any provision of this ordinance shall be guilty of a misdemeanor for each violation and upon conviction thereof shall be fined an amount not less than two hundred fifty dollars ($250.00) but not more than five hundred dollars ($500.00) for each offense. Each day that a violation continues shall constitute a separate offense. SECTION 30. In addition to any other action taken under this ordinance regarding a vicious dog, any vicious dog that is unconfined or is otherwise owned in violation of this ordinance shall be seized by the Animal Control/Code Enforcement Officer or the owner can have the vicious dog removed outside the city limits until a final disposition with the District Court of Lawrence County. In the event the Court orders the vicious dog destroyed, then it shall be humanely euthanized by a licensed veterinarian or the Animal Control Officer with the cost of having the vicious dog euthanized assessed against the owner or custodian of said vicious dog. The owner or custodian of any dog seized under this section shall be additionally assessed a boarding fee as described in SECTION 18, above. SECTION 31. This Ordinance may be enforced by either the Walnut Ridge Animal Control/Code Enforcement Officer or another officer with the Walnut Ridge Police Department. The said enforcers of these provisions shall have the power to modify or waive fees due herein, but any such requests for waivers must be presented in advance to the Mayor for approval. SECTION 32. All ordinances and parts of ordinances in conflict herewith, and particularly any ordinance requiring licensing of animals, is hereby repealed. SECTION 33. Should any portion of this ordinance be unconstitutional or invalid and so declared by a court of competent jurisdiction, then the remainder of this ordinance shall not be affected by such partial invalidity. In comparing the laws of the State of Arkansas with the Ordinance herein, it should be determined that the stricter of the two applications shall be enforced herein. Nothing in this ordinance shall attempt to lessen or relax any penalty as stated in the Arkansas Statutes Annotated. Owners and Possessors of Certain Large Carnivores shall remain subject to the Statutes listed in ACA Section through 511, et al. SECTION 34. WHEREAS the need for regulation and control of stray and at large animals is necessary to preserve the health and safety of the citizens of Walnut Ridge, Arkansas, an

8 emergency is hereby declared to exist and this Ordinance shall take effect thirty days from and after its passage, approval, and publication as provided in Section 27, above. First Reading: Second Reading: Third Reading: PASSED AND ADOPTED this and nays. day of, 2015 by a vote of yeas Approved: Charles Snapp, Mayor ATTEST: Pam Kopp, City Clerk

ANIMAL CONTROL CITY ANIMAL ORDINANCE

ANIMAL CONTROL CITY ANIMAL ORDINANCE Definitions At Large A dog shall be at large when not confined to the premises of the owner or under restraint when away form the premises of the owner. Confinement