HomeMy WebLinkAboutOrdinance 3303 ORDINANCE NO . 3303
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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
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