Loading...
HomeMy WebLinkAboutOrdinance 3303 ORDINANCE NO . 3303 co a CO AN ORDINANCE AMENDING CHAPTER 4 OF y9H -n FAYETTEVILLE CODE OF ORDINANCES TO AMEN9, !afE. 6:1 CITY ' S ANIMAL CONTROL REGULATIONS . A c> ry z .� n c � o N � r WHEREAS , vicious animals have become a serious -aniA =widPgp&Q threat to the safety and welfare of citizens irp p@ m t� of Fayetteville ; and ma � Z co o 7K R1 -1 WBMURAS , the number and severity of attacks by N rabzious animals are attributable to the failure of owners to c4fine and properly control vicious animals ; and WHEREAS , existing laws are inadequate to deal with the threat posed by vicious animals to public health , safety , and welfare . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Chapter 4 of the Fayetteville Code of Ordinances is hereby amended by adding Section 4 - 9 to read as follows : Sec . 4 - 9 , Fighting Animals Prohibited . It shall be unlawful for any person to train , cause or encourage any animal to fight with another animal or to make an unprovoked attack on human beings or domestic animals . Section 2 . That Section 4 - 16 of the Fayetteville Code of Ordinances is hereby amended to read as follows : Sec . 4 - 16 , Definitions . At Large : Not under the physical control of the animal ' s owner or harborer , or his authorized represen- tative , either by leash , cord , chain , fence or enclosure of sufficient strength or construction to contain the animal . An animal intruding upon the property of another person or upon public property and not under the physical control referred to herein shall be deemed " running at large . " An animal within an automobile or other vehicle shall not be deemed " running at large " if said animal is physically confined to the vehicle . An animal shall not be considered " at large " when on the premises of the owner or harborer thereof and accompanied by said owner or harborer . The term " premises " shall not include unfenced curtilage . LIBER 125SPAGE8 / ,9 - 2 - Cat : A feline of either sex , including one neutered or sterilized . Doc : A canine of either sex , including one neutered or sterilized . Enclosure : A fence or structure forming or causing an enclosure suitable to confine a vicious animal and prevent the animal from escaping . Harbor : For a period of three days or more , to keep and care for an animal or provide a premises to which the animal returns . Vicious Animal : ( 1 ) Any animal which , when unprovoked , approaches in a manner of attack any person upon the streets , sidewalks , or any other public ground or place ; or ( 2 ) Any animal with a known propensity , tendency or disposition to attack without provocation human beings or domestic animals ; or ( 3 ) Any animal which , without provoca- tion , bites or attacks a human being or domestic animal on public or private property ; or ( 4 ) Any animal owned or harbored primarily or in part for the purpose of animal fighting or any animal trained for animal fighting . Notwithstanding the above definition , no animal shall be declared vicious if the person attacked or bitten by said animal was teasing , tormenting , abusing or assaulting the animal or was committing or attempting to commit a crime . No animal shall be declared vicious if a domestic animal which was bitten or attacked was teasing , tormenting , abusing or assaulting the animal . No animal shall be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault . Section 3 , That Section 4 - 19 of the Fayetteville Code of ordinances is hereby amended by adding the following : The term " permit " shall include the failure of the owner or person having charge of said animal to physically restrain the animal . The Animal Control Officer shall beep authorized LIBER 1258PAGES80 - 3 - to enter onto private property for the purpose of impounding an animal found running at large . Section 4 . That Section 4 - 23 of the Fayetteville Code of Ordinances is hereby amended to read as follows : Sec . 4 - 23 . Vicious Animals Prohibited . All vicious animals shall be confined in an enclosure . It shall be unlawful for any person to keep or harbor a vicious animal upon any premises which does not have a locked enclosure . It shall be unlawful for a vicious animal to be outside of a dwelling or enclosure unless it is necessary for the owner or harborer thereof to obtain veterinary care for the vicious animal or to sell or give away the vicious animal or to comply with commands or directions of the Animal Control Officer with respect to the vicious animal ; and , the owner or harborer of a animal in violation of this section shall be subject to criminal prosecution . In such event , the vicious animal shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet ( 31 ) in length , shall be collared with a blaze orange collar , and shall be under the direct control and supervision of the owner or harborer of the vicious animal . If a complaint has been filed in the Fayetteville Municipal Court against the owner or harborer of an impounded animal for violation of this section , the animal shall not be released except on order of the Court which order may also direct the owner or harborer to pay a fine and all impound- ment fees . Upon a finding that such animal is a vicious animal , the Court may order said animal to be euthanized in a humane manner . Surrender of an animal by the owner or harborer thereof to the Animal Control Officer shall not render the owner or harborer immune from the fines and fees prescribed by this chapter . The provisions of this section shall not apply to animals owned by a law enforcement agency and used for law enforce - ment purposes . Section 5 . The Board of Directors hereby determines that effective regulation of vicious animals within the City is essential to the public health , safety and welfare and hereby determines that the immediate passage of this ordinance is necessary for such regulation . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . IIBFR 1258PAGE881 - 4 - PASSED AND APPROVED this 20th day of October , 1987 . *isµ APPROVED 1 Mayor RYA , 1 •- lerk LIBER 1258 PAGE 8p2 CFfr j i`;!' P I, Alma Kollmoyer, Circuit Clerk and DR Ex-officio Recorder for Washington County, State of Arkaatsa b Cb Arkansas, do hereby certify This in- City of Fayetteville in strument was filed For record in my office I, Suzanne C. MCWeth , Citys indicated hereon and the same is now Ex-Officio recorder for the City Of Fayiettev1le� duly recorded with the acknowledgement fore-de certificate thereon in Record Book and do hereby certify that the annexed et going is of record in my office and the same ap- Page a: indicated thereon. Pears in Ordinance & Resolution book IN WITNESS WHEREOF, I have hereunto "KXLIv v , 1 / set my hand and affixed the seal of said Z � at page Y� Witness my Court on the date indicated heraou, land a d seal this arc day Of Alma Kollmeyer. 66_ Circuit Clerk and • ' Ex-officio Recorder , City Cl and Ex-Officio Ke, • Uer Vit•:: by ...rc.rNm NAT cm nlM icb � ., ' C • arrlm•I CsrIM oNNw STATE of AR1(A.V SAS ✓.���.r`erie:°ile w$le .•b bewrw> � [OD OIS CROtNANCES "°'°O'°' Im'm"° 1•'"r '"° fomtY OI M'asllln¢ron To T E CITY'S Ims wNot, rlAeY CNTROREG . , ANIMAL IATIONS. TN pwblm•M Shelf not apply ellyK r • I n _ hereby Certify that l WHEREAS, VI CI°u' :Iwl:mmraenav .M e 1• �( ` e Mw* animals Int aril the Publisher 01 THE VORTRKF.ST .\RhAASASTUf ES. adallY nrwapaper ••er.ad H` bw "Specimens INN. . 1en mrorrl roveI�Ix citta having a ixvrla chss mallln¢ pm'Ile¢e, dna Fein¢ riot less than four Dagef of farelrerllM: aM LCIIm S. The pe°re M live MOVES taco. published at a oFea place of eu:int:: ford ala rsaa laanv'I WHEREAS. the pNww, saw a°Iwmin. CllErvvk mnunurluslT In Me Chyof Fa>enevdle. Cwnq of\s'asluTiRton. Arkansas v M doe lu`a, •A, that &,, fly* dVW M IC[ more than A period Of twelve months. Circulated and distributed from An , And a meta rel lice for Cur be tin to the ouenc . established place of business to subscribers and readers generally of all Clasen NI cumene arla Of a And MeNam In Me City and COon1Y for a definite price for each copy. Or a fixed price per paartyA to o r Cim the mmwui aea.uw annum which price was fixed at what is considered the value of the publication. animlis; Ind WHEREAS,AnIg� lewd this wolmorm, is °Ilse Destitution the news value and sett'Ice value It contains.that at least fifty percent me ln&d vpOasee cwII with ofor su" n regulation IS of me subscribers merelahav'r paid Cassa for thetrsubscripHom more newspaper Therefore, on to east and or Its agents or Through reco¢nlaed news dealers over a period of at least six ,nIMAIS to wet sac nm� hereby dwuug Me comms: am Ilial the lila newspaper publishes an average of more man forty safety,andwaffarn "TV fill the IT ORDAII TEED F eveiHE AS am effect•�al�b pertenr news maser. BOARD OF DIRECTORS infull SO fair Twraa .n°C ml OF THE CITY Of FAVET- after b• R••••w .nes. °p : SSE I funkier Certify That rile legal notice hereto attachs0 In the matin[ DI TEVILLE.ARKANSASPA PPROV Section 1, TNI chapter A n,Ano this solo day e•wtoY . of M FeRneVllle Ce M r%r_ ry /L • ad adding Sa[Ibn APPROVED Tl / amw Fl9eno'w Sac. •e. nlmau er: mayor num amngn was published In me Tegulardally lssueof said neripaperfor arwnlIT • w Il mall lwmlamW rw env Y Cpasecurlve Insertions as follows: ryrwl to train. Cot Nem ATTEST � ' animal to�Wn ((// WITH Ibmar am m hr. Naarm,a gcWem iDe first Insertion On The rr ,r nn. day of "' ' 19 mane n ' clog+AIT CITY Cmk 19 on nnunmab. Ne second Insertion On the day Of Mum s. Tnalsadhm a l, t famnevllle coop me third Nsertlon on The day of 19 AT Is re•a grellew: ( 19 A Sac4116, CWHIMMI and me fourth msenAt La,W; Not unr the animal a owner or lCn On me _ aay,ol - phySleal control Of the his autnwlae °d pee m either lir LAST, Cor .,5L,". ` day of Sworn m ana subscribed bemre me on this Bu111clmr fence or Or Cort 'S ] \ Wirral. animal cl Intuding lntAW ITS �t=T+ss 1 19 ,i .' r. I VISNA they yes another } hereforn Or s Public 4111, aw bu evc .\' [y r4wic Vcmi control e reI i .um .wbie 1U •intrain Wall ton d"Mtd nmln on Automobile My fommlesion Eatile : Or ether vehNlle MIT Ad$ do If Mid animal is ;AWxRHV &MIAMI Wait_ r sill Or MyA"to gin premium of the Bann e. � 1J— Fen We PrfalllW harborer , M min^,Nail nauKlu 1 v c•Ar`t n fell e a�Ilnaru� Cost of Proof _. x c tw orb ng .Ata 1 OF: A venin f either I Total l wing we ..a meanWicho rwgsum bleTO �v Writing a Ic,N1 animal And U U/J :�oldaThree r .mar ASkWAT mIS "�� �cand com for an animal Or J�i� a Promises in which ove ��� �mal HI: x11 LAnim: . nwho, vWAnmenvnaM� fSite. N Q` Any animal with a w p1 weiliM T �uamck , M�wwrc TO Omballanimals; ;, ATV animal ri co. I ^IPA m• gOfShuTn�in g Of Malm•1 Public pa (4) Any Animal Owmen Or hbfdprimarily TV in Part for the purpose M :n not nc inal trained fair _ ennnol onlm al naln Above AS the N Ir hip aff•Cyew W"r by sob animal was bN1q• tormenting. abusing or sanimal d wmwagm1111" w 0"*Mxlpb rime. Animal s Viciouus lilt da declared M"tic Wmal which was Aloin w affecting was leg' I•q, twmanllry. MUSlno s Wall M declared e alimelNo •Cbus If I animal was Protecting anxllb Within Ise In mediate vicinity of rho mlunlll°a A Section).Thal Section aN Of In .°.Cod° M Ordinances IS hereby ,mend" by womil the AT. IomegmuWall - Includes e .mw a olds n'utO physically animal, red Animal Contra officerofficer "all mrimpi IV to, b PrPwof In A Pwmdl Abngof anw�aamAi filing`VN lr A. iSeAdr AIT foid M In tfcog o OralnAnu Is hereby Sac, a9. V ICbua Animals F idll"a All rleleg animaill 1I It Wall By umMH,J lot env wg AT MID BY Margin a open n bus V