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HomeMy WebLinkAboutOrdinance 3588 F ! i t CORD ' 92 FEB 4 PFI 12 34 ORDINANCE NO . 3588 AN ORDINANCE AMENDING CHAPTER 92 , ANIMALS - ppT FAYETTEVILLE CODE OF ORDINANCES BY REPEAL{N ' THE FOLLOWING SUBCHAPTERS ; GENERAL PROVISIONS , DOGS , . pp�� AND ENFORCEMENT , INCLUDING ALL SECTIONS CONTAINED yd THEREUNDER ; AND BY ADDING THE FOLLOWING SUBCHAPTERS : GENERAL PROVISIONS AND ENFORCEMENT . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 , That Chapter 92 , Animals , of the Fayetteville Code of Ordinances shall be amended to repeal the following subchapters : General Provisions , Dogs , and Enforcement , including all sections contained thereunder . Section 2 . That Chapter 92 , Animals , of the Fayetteville Code of Ordinances shall be amended by adding the following : CHAPTER 92 : ANIMALS GENERAL PROVISIONS § 92 . 01 DEFINITIONS For the propose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning . ABANDON . Any person in possession of an animal who knowingly refuses to provide care for the animal as defined by this ordinance . ANIMAL . Any living creature , domestic or wild . ANIMAL CONTROL OFFICER . Any person designated by the State of Arkansas , a municipal government or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state . ANIMAL SHELTER . Any facility operated by a humane society , municipal agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this ordinance or state law . AT LARGE . Not under the physical control of the animal ' s owner or harborer , or his authorized representative , 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 the 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 the owner or harborer . The term " premises " shall not include unfenced curtilage . CAT . A feline of either sex , including one neutered or sterilized . CITY . Fayetteville , Arkansas . DOG . 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 . KENNEL AND/OR PET SHOP . As used herein , the term " kennel " and " pet shop" shall be construed to include any individual or establishment for the raising , training , boarding , or selling of dogs , cats , birds , mice , rats , reptiles , fowl or fish or other small animals for hire or profit . LICENSE . A permit issued by the City to indicate that an animal is vaccinated against rabies in accordance with city ordinance and that the owner or harborer has remitted to the City the levied permit fee . PUBLIC NUISANCE . Any animal or animals which : 1 . Molests passersby or passing vehicles . 2 . Attacks other animals . 3 . Trespasses on school grounds . 4 . Is repeatedly at large . 5 . Damages public or private property . 6 . Interferes with refuse collection or spreads trash from refuse containers or molests meter readers . 7 . Barks , whines , or howls in excessive , continuous , untimely fashion . RESTRAINT . Any animal secured by leash or lead or under the control of owner or harborer and obedient to that person ' s command . 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 ; `92 2 . Any animal with a known propensity , tendency or disposition to attack without provocation human beings or domestic animals ; 3 . Any animal which , without provocation , 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 . WILD ANIMAL . Any non-human primate , raccoon , skunk , fox , wolf , coyote , poisonous snake , leopard , panther , tiger , lion , lynx , or any other warm blooded animal which can normally be found in the wild state , or the offspring borne to wild animals bred with domestic dogs or cats . § 92 . 02 ANIMAL CARE ( A ) No owner shall fail to provide his animals with sufficient good and wholesome food and water ; shelter which provides protection from the weather including four sides with opening , roof , and floor ; veterinary care when needed to prevent suffering ; and with humane care and treatment . ( B ) 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 other combat between animals or between animals and humans . ( C ) No owner of an animal shall abandon such animal . ( D ) 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 humane society . ( E ) No person shall expose any known poisonous substance or toxic chemical whether mixed with food or not so that the same shall be liable to be eaten by any animal , provided that it shall sz c4ssz not be unlawful for a person to expose , on his property , common rat poison mixed only with vegetable substance . ( F ) If any animal is confined by chain , rope , or cable , the restraint must be no less than 6 feet long and so placed that the animal may not intrude on other property , whether public or private , and provide adequate room for normal postural adjustments and for exercise . The area where any animal is confined must provide proper and adequate drainage . § 92 . 03 SHOOTING , KILLING OR MOLESTING WILD ANIMALS PROHIBITED . It shall be unlawful for any person to shoot , hunt , kill , chase , wound , or molest any wild animal within the corporate limits of the City . § 92 . 04 SALE OF DISEASED ANIMALS ; KENNEL AND PEP SHOP REGULATION ( A ) 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 . ( B ) 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 numbers that access to food and water is not readily available . § 92 . 05 NOISY ANIMALS PROHIBITED It shall be unlawful for any person to keep on his premises or under his control any animal which by loud or frequent barking , howling , or otherwise shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where such animal is kept . § 92 . 06 ANIMAL WASTE , OFFENSIVE ODORS PROHIBITED ( A) The owner of an animal shall be responsible for the removal of any excreta deposited by his animal ( s ) on public walks , recreation areas or private property . ( B ) It shall be unlawful for any person keeping or harboring any animal to fail to keep the premises where such animal is kept free from offensive odors to the extent that such odors are disturbing to any person residing within a reasonable proximity of said premises ; and it shall be unlawful to allow the premises where 92 04662 any animal is kept to become unclean and a threat to the public health by failing to diligently and systematically remove all waste material from the premises . § 92 . 20 ANNUAL LICENSE AND TAG ( A) ( 1 ) Levy and Amount of License . There is hereby levied and there shall be collected an animal licensing fee in the amount hereinafter provided on each dog or cat owned or kept within the City . Said fee shall be paid to the City or to a licensed veterinarian . It shall be the duty of any licensed veterinarian collecting a fee under the provisions of this section to remit such fee to the City by the 10th of the month next following the month in which said fee is collected unless otherwise stated by written contract or agreement with the City . ( 2 ) For each neutered male or spayed female the levied fee shall be in the amount of $ 5 . 00 annually . The fee for each unspayed female or unneutered male shall be $ 15 . 00 , except the fee shall be $ 5 . 00 for any animal under six months of age . ( 3 ) Should a dog or cat be brought into the City , the person owning or keeping such dog or cat shall have 30 days in which to pay the licensing fee levied hereby . Any person failing to pay said fee within such period shall be required to pay an additional fee of $ 5 . 00 . ( B ) Issuance of License Receipt and Tag . The City official or a licensed veterinarian to whom the fee levied by subsection ( A ) above is paid shall issue a receipt therefore and shall issue to each person paying said fee a metal tag indicating that said fee has been paid ; provided a tag for any dog or cat shall not be issued unless a certificate from a licensed veterinarian is presented which indicates that said dog or cat has been vaccinated for rabies within one year prior thereto . ( C ) License Period . A license , if not revoked , shall be valid for one year from the date of issue . A new license shall be obtained each year by every owner and a new fee paid . An owner shall have 30 days from the date the license expires to obtain a new license without penalty . Any person failing to obtain a license within such period shall be required to pay an additional fee of $ 5 . 00 . ( D ) Tag to be attached to Animal ' s Collar . It shall be the duty of the owner or keeper of every dog within the City to attach the tag provided for in subsection ( B ) to a collar securely fixed around the neck of said dog ; it shall be the duty of the owner or keeper of every cat within the City to attach the tag provided for in subsection ( B ) to said cat in a reasonable manner . 92 L4663 ( E ) Nothing in this section shall be construed to apply to any dog or cat under the age of three months , or to dogs or cats brought to the City on a temporary basis for show or exhibition . § 92 . 21 RABIES VACCINATION REQUIRED (A) All dogs and cats in the City and other pets which are subject to rabies shall be vaccinated annually against rabies by an accredited veterinarian . A metal tag evidencing such vaccination shall be attached to the harness or collar of every dog in the City , and shall be attached to every cat in the City by a reasonable method . Any person who shall keep any pet which is subject to rabies in the City without first having such pet vaccinated for rabies , at least once a year , shall be guilty of a misdemeanor . ( B ) In case a tag for the animal licensing fee or rabies vaccination required by this chapter is lost or destroyed , a duplicate shall be issued by the City upon presentation of a receipt or other verification showing payment of said fee or receipt of such duplicate tag . No tag shall be transferable from one animal to another . No refunds shall be made on any fee from one animal to another . No refunds shall be made on any fee because of the death of the animal or because the owner leaves the City before the expiration of the license period . § 92 . 22 RUNNING AT LARGE PROHIBITED ( A ) It shall be unlawful for the owner or person in charge of any horse , mule , colt , sheep , cow , calf , bull , jack , jennet , goat , hog , or swine of any kind to permit or suffer the same to run at large within the corporate limits of the City at any time . ( B ) It shall be unlawful for any person owning or having control of any chickens , turkeys , or other fowl to permit the same to run at large within the City ( C ) It shall be unlawful for the owner or person having charge of any dog or cat to permit or allow such dog or cat to run at large within the corporate limits of the City at any time . ( D ) It shall be unlawful for the owner or person having charge of any dog or cat to permit or allow such dog or cat to become a public nuisance . ( E ) 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 be authorized to enter onto private property for the purpose of impounding an animal found running at large . '92 ( C64 ( F ) Every female dog or cat in heat or estrous shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding . § 92 . 23 I!D?OUNDMENT ( A ) The Fayetteville Animal Shelter is authorized to accept from the animal control officer or any private citizen , and to impound , any dog or cat found running at large in violation of this subchapter . The animal control officer shall not be required to respond to requests to pick up unconfined cats until the person making the request has confined or restrained the animal so that it can readily be taken into custody by the animal control officer . The animal control officer may use humane animal traps or tranquilizers to assist in confining the cat . ( B ) Whenever any animal in the animal shelter bears a city tag , it shall be the duty of the animal control officer to notify the owner or the person to whom the tag was issued , if such person or owner can be found , that the animal has been taken up and placed in the animal shelter and will be destroyed or released to the Humane Society within ten days unless the fee hereinafter prescribed is paid . If the owner or person to whom the tag was issued cannot be found , the animal control officer shall , by registered mail sent to said person ' s last known address , notify said person that the animal has been impounded at the animal shelter , and will be destroyed or released to the Humane Society within ten days if the fee hereinafter prescribed is not paid . For the purpose of this section , the first day of taking up shall be counted as the first day of the impoundment period provided herein . § 92 . 24 REDEMPTION OF ANIMALS ( A) After the expiration of ten days impoundment in the case of a licensed animal , or the expiration of five days impoundment in the case of an unlicensed animal , said animal shall become the property of the City , and the City shall be empowered to release said animal to the Humane Society or to destroy and dispose of said animal as provided for in § 92 . 24 above . The animal control officer is hereby authorized to release said animal to the Humane Society or to destroy such animal and dispose of the carcass . For the purpose of this section , the day of taking up shall be counted as the first day of the impoundment . ( B ) An owner reclaiming an impounded animal shall pay the cost of such impoundment . Said costs are hereby ascertained to be $ 5 . 00 for the first impoundment if the animal has a rabies vaccination and is currently licensed in the city ; $ 15 . 00 for the first impoundment if the animal is not currently vaccinated and licensed in accordance with this ordinance ; $ 25 . 00 for the second impoundment for the same animal within a twelve month period , $ 50 32 '(4C65 for the third impoundment for the same animal within a twelve month period , and $ 100 . 00 for the fourth and subsequent impoundments of the same animal within a twelve month period . In addition to the impoundment fees , a boarding fee of $ 5 . 00 per day per animal shall be charged for each day such animal is impounded in the Animal Shelter , together with the licensing fee on such animal , if the same has not been paid , plus the cost of having an unvaccinated animal vaccinated for rabies . ( C ) The owner of an impounded animal who refuses to reclaim his animal may be proceeded against for abandonment under the provisions of § 92 . 02 . ( D ) No unclaimed dog or cat shall be released for adoption without being sterilized , or without a written agreement from the adopter guaranteeing that such animal will be sterilized , and a deposit of at least $ 30 must be paid at the time of adoption . A voucher will be issued to the adopter in the amount of the deposit and said voucher may be used at the time the animal is sterilized . An adopter who fails to comply with the sterilization provision of the agreement shall be guilty of a misdemeanor . § 92 . 25 CONFINEXENT WHEN RABIES SUSPECTED ( A ) Upon the request of any person who has been bitten by a dog or other animal within the corporate limits of the City ( or by a parent or legal guardian of a person bitten who is under a disability ) , the animal control officer shall take such dog or animal , or a plurality of same if they are reasonably suspected of the biting , into custody and confine and quarantine same under the supervision of a licensed veterinarian , who shall keep such dog or animal in quarantine until he shall issue his certificate that : 1 . He has complied with the observation provisions of Section 3 of Act 11 , First Extraordinary Session of the 1988 Arkansas General Assembly ( Rabies Control Act ) ; and 2 . The dog or other animal appears to be free of infection of rabies ( hydrophobia ) . ( B ) Any dog or other animal having rabies or symptoms thereof , or suspected of having rabies , or which has been exposed to rabies shall be immediately released by the owner or custodian of such dog or animal to the animal control officer and the animal control officer shall confine such dog or animal in quarantine as provided for in subsection ( A ) above . ( C ) When the licensed veterinarian supervising the quarantine of any dog or other animal quarantined under subsections ( A ) and ( B ) shall issue the certificate provided for in subsection ( A ) , the owner of such dog or animal may retake custody of it upon tender to such veterinarian or the city animal control officer of 92 ` tit; their customary and reasonable fees and charges for impounding , boarding , lodging , observation and testing ; except a person who is bitten by an animal while baiting , teasing , or molesting said animal or while trespassing on the premises of the owner or keeper of said animal shall pay all customary and reasonable charges and fees resulting from his request to have said animal confined and quarantined . ( D ) The fee for quarantining an animal at the Fayetteville Animal Shelter shall include board of $ 10 . 00 per day , impound fee of $ 25 , cost of rabies vaccination and city license if applicable . ( E ) If any dog or other animal confined under subsections ( A ) and ( B ) is not reclaimed by its owner , such dog shall be released by the veterinarian to the animal control officer who shall treat such dog or animal as one found running at large within the corporate limits of the City . § 92 . 26 VICIOUS ANIMALS RESTRICTED ( A) 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 . ( B ) 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 an 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 in length , shall be collared with a blaze orange collar , and shall be under the direct control and supervision of the owner of harborer of the vicious animal . ( C ) If a complaint has been filed in the Municipal Court against the owner of 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 of harborer to pay a fine and all impoundment fees . Upon a finding that such animal is a vicious animal , the court may order the 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 . ( D ) The provisions of this section shall not apply to animals owned by a law enforcement agency and used for all enforcement purposes . § 92 . 27 ABUSE OF POLICE DOGS PROHIBITED It shall be unlawful for any person to willfully strike , kick , beat , torment , torture , injure , kill or harass any dog used by the Police Department in the performance of any departmental functions or duties . Any person convicted of violating this section shall be punished as provided in § 92 . 99 . § 92 . 28 KEEPING OF WILD ANIMALS ( A) No person shall keep or permit to be kept any wild animal as a pet within the corporate limits of the City . ( B ) No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition proposes , whether gratuitously or for a fee . This section shall not be construed to apply to zoological parks , performing animal exhibitions , or circuses . ENFORCEMENT § 92 . 40 ANIMAL CONTROL OFFICER ( A) There is hereby created the office of animal control officer . The animal control officer shall be appointed by the City Manager and shall perform the duties and exercise the powers prescribed by this chapter . In addition , the animal control officer shall perform such duties as may be delegated to him by the City Manager or the Board of Directors . ( B ) The City ' s animal control officers are authorized to issue a citation to any person violating any provision of this chapter in the presence of said animal control officer . § 92 . 41 INTERFERENCE WITH ANIMAL CONTROL OFFICER PROHIBITED It shall be unlawful for any person to forcibly interfere or forcibly attempt to interfere with the animal control officer of other authorized persons in order to hinder him in the performance of his duties . Further , it shall be unlawful for any person to refuse to deliver any unlicensed or unvaccinated animal or any animal observed to be running at large to the animal control officer , or some authorized officer , upon demand for impounding . § 92 . 99 PENALTY ( A) Whenever in this chapter an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor , or whenever in such chapter the doing of an act is required or the failure to do any act is declared to be unlawful , and no specific penalty is provided therefor , the violation of any such provision '92 v1 a I CEB'6MCATE OF -R—W- OIRD State of Arkansas g8 Cit of Fayetteville I, Sherry Thomas, City Aerk and V* v Officio recorder for the City of Fayetteville, do herebyy certify that the annexed or foregoing is of record in my office and the same appears in. . Ordinance & Resolution book Xxvli at - page R Witness my hand and esal day of Y9_ c1i C Cierk and x-Officio necordar of this chapter shall be punished by a fine of not more than $ 500 . 00 or double that sum for each repetition of such offense , or violation ; provided , no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state . If the violation of the chapter is , in its nature , continuous in respect to time , the penalty for allowing the continuation thereof shall not exceed $ 250 . 00 for each day that the same is unlawfully continued . ( B ) Any person violating or failing to comply with any of the provisions of § 92 . 04 shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than $ 25 . 00 or more than $ 100 . 00 . Each day ' s violation shall constitute a separate offense . ( C ) Any person convicted of violating § 92 . 27 , Abuse of Police Dogs Prohibited , shall be punished as provided in subsection ( A ) of this section or imprisoned in the city jail for up to 30 days , or both . PASSED AND APPROVED this 91 tday of . Aria ,-y 1992 . APPROVED : By : Mayor