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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 ORDINANCE NO. 3588 THE FOLLOWING SUB- AND BY ADDING THE FOL- AN ORDINANCE AMEND- CHAPTERS; GENERAL LOWING SUBCHAPTER: ING CHAPTER 92. ANI- PROVISIONS. DOGS, AND GENERAL PROVISIONS MALS, OF THE FAYETTE- ENFORCEMENT, INCLUD- AND ENFORCEMENT. VILLE CODE OF ORDI- ING ALL SECTIONS CON- BE IT ORDAINED BY THE NANCES BY REPEALING TAINED THEREUNDER: BOARD OF DIRECTORS CAT. A feline of either or attacks a human being or OF THE CITY OF FAVET• sex, Including one neu- domestic animal on public TEVIIHARKANSAS: tared or sterilized. or private proberty: or• Section I. That Chapter CITY. Fayetteville, 4. Any animal owned or 92, Animals. Of the fayene- Arkansas. harbored primarily or in pan,, villa Code of Ordinances DOG. A of either fort the purpose of animal shall be amended to repeal canine sex, including one neutered fighting or any animal the following subchapters: trained for animal fighting., General Provisions, Dogs, or sterilized, ENCLOSURE. A fence or Notwithstanding th4l and Enforcement, including contained structure forming or causing above definition, no animal if all sections an enclosure suitable to shall be declared vicious thereunder. Section 2. That Chapter 92. confine a vicious animal and the person attacked or bit - Animals, of the Fayetteville prevent the animal from ten by said animal was abusing' Code Ordinances teasing, tormenting, escapinp. g assaulting the animemPt- eofn addingshell be amended by the HARBOR. For a period of three days or more, to keep hreedays or was committing or attempt -I following: CHAPTER 92: ANIMALS and care for an animal or ing to commit a crime. shall be deo- GENERAL PROVISIONS provide a premises to No animal bred vicious if a domestic 92.01 DEFINITIONS which the animal returns. KENNEL AND/OR PET animal which was bitten or For the purpose of this chapter the following defini- SHOP. As used herein, the attacked was teasingtar- tions shall apply unless the term "kennel" and "pet 'mentng, abusing or assault-' No animal context clearly indicates or stop shall be construed to include individual or es- ing the animal, shall be declared vicious: If requires a different any tablishment for the raising, the animal was protecting meaning. ABANDON. Any person in training, boarding, or selling or defending a human being of dogs, cats, birds, mice, within the immediate vic- possession of an animal who knowingly refuses to rate, reptiles, fowl or fish or inity of the animal from an for the animal other small animals for hire unjustified attack or assault. provide care defined by this Or profit. WILD ANIMAL. Any non - as LICENSE. A permit issued human primate, raccoon,. ordinance. by the City to indicate that skunk, fox, wolf, coyote, ANIMAL. Any living crea- an animal is vaccinated poisonous snake, leopard,' ture. domestic or wild, ANIMAL CONTROL OF- against rabies in accordance panther, tiger, lion, lynx, or FICER. Any person desig- with City ordinance and that any other warm blooded nated by the State of Ark- the owner or harborer has animal which can normally aneas, a municipal govern- remitted to the City the lev- be found in the wild sate) led permit fee. or the offspring borne to meat or a humane society PUBLIC NUISANCE. Any wild animals bred with. as a law enforcement of- animal or animals which: domestic dogs or cats. ficer who is qualified to 1. Molests passersby or 92.02 ANIMAL CARE. perform such duties under passing vehicles. (A) No owner shall fail. to the laws of this state, 2. Attacks other animals, provide his animals- with) ANIMAL SHELTER. Any fa- 3. Trespasses on school sufficient good and whole-' cility operated by a humane grounds. some food and water: ehel society. municipal agency or 4. Is repeatedly at large. ter which provides prdtec- its authorized agents for the S. Damages public or Pri- Lion from the weather in - purpose of impounding or vote property. cluding four sides with' caring for animals held 6. Interferes with refuse opening, roof, and floor: under the authority of this collection or spreads trash veterinary care when ordinance or state law, for refuse containers or needed to prevent suffer - AT LARGE. Not under the molests meter readers. - ing: and with humane caret physical control of the an: Barks, whines, or and treatment, mel's owner or harborer, or howls in excessive. continu- (B) No person shall beat. his authorized representa- RE untimely fashion, ra Ill-tive. byor leash, cord, RESTRAINT. Any animal overwork.' ot, overload, Overwork, tecrase, re suain.ic fence enclosure of led secured by leaso or lead or or otherwise abuse an enfr or sufficient a con- under the control ent erto mat, or cad, fight, c, contain n to contain ther rharborer a to and obcommand oth permit any dogfight, k- ing mal. An animal at person's tl. t oror, the bullfight, or' pro ertytlinf aon the property of upo VICIOUS ANIMAL. combat between animals r y or upon person 1. Any animal which, d between animals entl1 etwe public property and not lic the control when unprovoked. ap- humans. physical underreferre" P roaches in a manner of at- (C) No owner of an animal to"running nnth tack any person upon the shall abandon such animal. doomed deemedimals at large" streets, sidewalks. oany Any who. as the if the animal is other public ground or h fperson operators of a motor vehicle, An An vehicle. the v place; am strikes a domestic animal animal shall not e consid- animal 2. Any animal with a shall stop once and re - wn eyed clef- when known r ck port the accidentlawto the ap- the premises of the c- rpropensity, or to attack - nt agcyte law enforcement or oer thereof and ac- tdispositionv uma without provocation human h agency or to the local hu- charborer oompenied by the owner or "pre- or, domestic animals: mane society. harbors The term any animal tits, IE) No person shall expose micas" not include un- shall t3.h without provocation, bites , any known poisonous sub- fencetl curtilege. 92.22 RUNNIN7& AT stance or toxic chemical whether mixed with food or not'so that the same shag be liable to be eaten by any animal, provided that it shag not. be unlawful for a per- son.to expose, on his prop arty, 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 8 feet long and so placed -that the animal may not intrude on other prop- erty. whether public or pri- vate, end provide adequate room for normal postural adjustments and for exer- cise. The area where any animal is confined must provide proper and adequ- ate 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 PET SHOP REGULATION (A) It shall be unlawful for any person, per 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 al- lowed to remain thereon for more than 24 hours. The owner or operator oafshall a ken- nel or pet shop Prop- eM treat any diseased ani- mal and shall properly iso- late those animals having a disease contagious to ani- mal or human life: provided, any animal which is dis- shall past recovery be destroyed. All animals in a kennel or pat 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 shell be unlawful for any person to keep on his premises or under his con- trol any animal which by loud or frequent barking. howling, or other wise shall disturb the peace and quiet of any person who may re- side within reasonable pro- ximiry of the place where such animal is kept. 492.06 ANIMAL WASTE. OFFENSIVE ODORS PROHIBITED (A) The owner of en ani- mal shall be responsible for the removal of excrete de- posited by his animal(s) on public walks, recreation l areas or private property. (B) it shall be unlawful i for any person keeping or oharboring any animal to fail tokeep 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 pre- mises where 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 shell be collected an ani mal licensing fee in the amount hereinafter pro- vided 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 col- lecting 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 other- wise stated by written contract or agreement with the City. (21 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 owniflg ookeep- ing such dDa pf On..4t ll have. 9'flCiAW WhichsOo pay the Ili .tee levied .hereby. 4y on failing to pay Slit 4vithin such period shalt required to :pay an additional fee of $5.00. (e) Issuance of License Regeipt and Yap. The City offical ore tensed veter- inarian to whom the fee. levied by subsection (A) above is paid s1,all issue a receipt therefore and shall issue to each person paying said fee a metal lag indicat-. ing that said fee has been paid; provided a tag for any dog or caS�,,..,,e rrll_ not be issued unlade ,.ceriificete from a iicese_g,yeterinarian is present hick indi- cates cat has that sal o8 for ra- bies been vac t tedfor ra• bies within%oybVYe,r . prior thereto. Y.. (C) License .5eriod. A license, if not Ivokdd, shall n l be valid {pr&ong9(iyear from the date of jstge. Anew license afnall fti obtained each year' jyy�:avow owner and a n3t6i'7,db:+1361d'An shell bb� uir to pay an eddhio b'?AO. (DI Tao lass ttsched to the duty d1 tit}, oyr06te'br keeper of Alvedd; +,thin the City to a ' •the tag provided for i n subsqq�c��tfoq (B) to a cellist socuf,Niflzetl dog: It 7M11 thb duty of the gv3d35' pr;i(do`per of ev- ery cat withip. the City to attadOAk - - rovitled- for irejsu a co, said cat in .a rea nner. Lion 3fiearfifj4aflStrued to epply'io' l3ot/ or cat untle_n t4.. dt three months. JO 09�8�3w catS broughtAmnnrt arAf (ClIshow dated vets i tag ewe natio.?th�Jj the has! any dop• �'rt�`', shall be, --a cat in ih FF11 11 able - metB3d HA metal such, ve=I- aItirchatl to collar of ev- e City, and E -if4 jto`, every a;ree3on- .Any'person year. of a X' the or.rs- a shall be sty upon receipt or showing Fee or re - No tag st%t rtsnsfen%O1e from one animal tb5hother.. No refunds shall be mode. on any fee from one anlayt to another. No rotunda shall be made on any file Be- cause of the death of the animal or because the owner leaves the City be- fore the expiration of the license period. LARGE PROHIBITED (A) It shall be unlawful for the owner or person in charge of say horns, mule, colt. sheep, cow. rah. bull. Jack, jannet, goat, hog. or swine of any kind to permit or suffer the some 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 chick- ens, 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. IDI 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" shag include the failure of the owner or person having charge of said animal to physically restrain the ani- mal. The• animal control of- ficer shall be authorized to enter onto private property for the purpose bf impound- ing an animal found running at large. (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. 9222 IMPOUNDMENT (A) The Fayetteville An4 mal Shelter is authorized to accept from the animal con- trol officer or any private ci- tizen, and to impound, any dog or cat found running at large in violation of this subchapter. The animal con- trol officer shall not be re- quired to respond to re- quests to, pick up uncon- fined 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 as- sist in confining the cat. (B) Whenever any animal in the animal shelter bears a city tad 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 per- son or owner can be found, that the animal has been ta- ken up and placed in the animal shelter and will be destroyed or released to the Humane Society within ten days unless the fee he- reinafter prescribed is paid. If the owner or person to whom the tag was issued cannot be found, the animal control officer shall. by re- gistered mail sent to said person's last known ad- dress, notify said person that the animal has been impounded at the animal shelter, and will be de- stroyed 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 ,qff ,ten days impoundment %&4-Leya1 Notices •.. 204 -Legal Notices ; 417the ca`sel of a licensed 'x Uni been. Coufiled in 'the -xzpel nim aal, br [ expiration of fiveimpoundment owner Court against the Owner of flays. in iN&borer of an, impounded he. tcae anuncen sof ' lised animal for violation of this enimel, said anshall be- , •of animal shallrnot Come the property the . be.. leased be CJ.amp and Na City shall be _on,erder the couc'A.. of the codirecwhich' Order empowered to release said - . may, direct .the owner. animal to the Humane Soot harbo Or hartiorert to pay qa fine eN{ or to destroy and din- ., and elfi suchfes Pose of said animal as pro- that findingvi that such i- vIed,for in $92.24 above. 'The animal control officer is melUpon is a viciousr enimel, the the hereby authorized to re- court may animal . lease said animal to the Hu- to be euthanized in . a hu- ++ mane Society or to destroy mane manner, Surrender of sachfjanimal and dispose of an animaly- bthe owner or t fie,tcar<assi For the our- harborer thereof to the ant posat`rof. this section, the mat control officer Shall not r taking up shall be render the owner or her- c&Int . , countedas the first tlay of ne from the: impi5undment - fines end t es {the tines and fees prescribed (B)'Anfbwner reclairi.ing an by this chapter. n impounded animal shall pay IllThe provisions of this the cost"ot' such impound- section shall shall not apply to mee lCtcosis era'hereby animals owned by a law en- fain eac'ertafned.,to be E5 forcemeat agency and used foce z . ;OO,for the diretfrimpoundmeht if for an. enforcement tKelenirtiI, has, e..rabies'vaq-. purposes. ciliation and is currently 9227,.'ABUSE : OF'LI - POCE DOGS PROHIBITED. - licensed in the .dry; $15.00 It shell, beunlawful for for the first impoundment if any person to willfully the animal is not currently strike, kick, boat, torment, vaccinated and licensed ,n torture, injure. kill.. or harass accordance "with this ord4 any dog used by the Police nonce; $25!00 for the sec- Department in the perfor- ond impoundment: for the mance of any departmental same animal within a functions or duties. Any twelve month period, $50 -impoundment person convicted of violat-, for the third ing this section shall pun - for the same animal within {shod as provided in 592.99. a,'twetve month period, and 92,29 KEEPING OF WILD $1,go.o0 for the fourth and ANIMALS subsequent impoundments (A) No person shell keep, ofe' the same animal with a x permit to be kept any' twelve month In en- impoundment wild as a pat within' f&esto the Impoundment fees;' teanimal the corporate limits of the a boarding. fee of City. $5.00 per day per animal (B) No person shell keep shell be charged for each or permit to be kept on his day- .such animal is im- premnises any wild or vici-, pounded in the Animal ous animal for display or for - Shelter, together with the exhibition proposes.. licensing fee on such an. whether gratuitously or for, mat, if the same has not a fee. This section shall not been paid, plus the coat of be construed to e Poly tg, having an unvaccinated and aor, g met vaccinated for rabies, xhibks, ions, animal exhibitions, or, (C) The. owner of an re- circuses. pounded animal who cal ENFORCEMENT fuses reclaim his animal 92.40 ANIMAL CONTROL be proceeded against OFFICER for for abandonment under the (q) hereby f§ pr 410) s oin 59med. office the, of animal, No Unclaimed dog or ontrl control officer. The animal l 'a eat bhnll ithout b officer shall be nat adoption ing erfo- itten POIntcontrol- y got an by City Ma no- without $gme or 'from a written o get and shall perform the, agreemaM^from the ado{a duties and exercise the ter guaranteeing that such powers prescribed by this animal will be sterilized, chapter. In addition, the and entl a deposit of at least mal control officer shall per - $30 must be paid at the form such duties as may be ti e;of:adoptiom. A voucher :delegated?to him by. the W i be,7ssuetl to'the- adop- City Manager'or the: Board Tar in the amount of the of Directors. deposit and .said voucher (B) the City's, animal may be 'used at the time control officers are author - the animal is sterilized. An {zed to .issue a citation to adopter who fails to comply any person violating any with the1 sterilization ptovi- provision' of 'his chapter in lion of the .egreement shall the presence of said animal be guilty of a Misdemeanor. control officer. 92.25 CONFINEMENT 92.41 INTERFERENCE WHEN RABIES WITH ANIMAL CONTROL( SUSPECTED OFFICER PROHIBITED t'(A) Upon the request of It shall be unlawful for any person who has been any person to forcibly Inter-. bitten lb' a1 tlog or other fere or' forcibly' attempt to enimla_gwitin,tthe corporate interfere with the animal` limits of the City (or by a control officer or other au- pererltgortle0al,guardian'of a thorized persons in order -to person bitten who is under hinder him in the perfor- e tl'iefliry'1 4he-eimal con- manes' `of his.;duties: trol�fofflcetyrshe9; take such Furtherer It shall; be unlawful M ectaC;;ofgiha-bit- ustody',end supervision of a licensed veterinarian, who shall keep such dog or ani- mal 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 As-. sembly (Rabies Control Act): and 2. The dog or other ani- mal appears to be free of infection of rabies (hydrophobia) - (B) Any dog or other ani- mal having rabies or symp- toms thereof, or suspected of having rabies, or which has been exposed to rabies shall be immediately re- leased by the owner or cus- todian of such dog or ani- mal to the animal control officer and the animal con- trol officer shall confine such dog or animal in quar- antine as provided for in subsection IN above. (C) When the licensed vet- erinarian supervising the quarantine of any dog or other animal quarantined under subsections (A) and (B) shall issue the certifl cate provided for in subsec- tion W. the owner of such dog or animal may retake custody of it upon tender to such veterinarian or the city animal control officer of their customary and reason- able fees and charges for impounding, boarding, lodg- ing, observation and testing; except a person who is bit- ten by an animal while bait- ing, teasing, or molesting said animal or while tres- passing on the premises of the owner or keeper of said animal shall pay all custom- ary end reasonable charges and fees resulting from his request to have said animal confined and quarantined. CD) The fee for quarantin- ing an animal at the Fayet- teville 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 sub- sections (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 ani- mal as one found running at large within the corpo- rate limits of the City. 92.26 VICIOUS ANIMALS RESTRICTED (A) All vicious animals shell be confined in an en- closure. 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 en- closure unless it is neces- sary for the owner or har- borer thereof to obtain vet- erinary 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 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 or- ange collar, and shall be under the direct control and supervision of the owner or harborer of the vicious animal. (C) If a complaint has u V?,.v, a„r ul u,Ye„aeV i,V, unvaccinated, antmeL. or any animal observed"toibe run- ning,at'large .o -.the -animal control officer, 'or' someau- thorized offi6er."Upoiri.de� trend for impounding. 92.99 PENALTY (A) Whenever in this chapter an act is prohibited STATE of ARKANSAS 99. County of Washington 7I i' J' "'-�(/ ' EC iR hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington. Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for I consecutive insertions as follows: //,, Si—t/�l The first insertion on the 1 ` 4 day of �./xiv 19 / a the second insertion on the day of 19 the third insertion on the day of 19 and the fourth insertion on the d 9 Sworn too and subscribed before me on this day of otary Publl My Commission (/io�Expires: o Fees for Printing 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 re- quired or the failure to do any am is declared to be unlawful, and no specific penalty is provided therefor. the violation of any such provision of this chapter I shall be punished by a fine of mot 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 pro- vided for the same or a sii- milar offense under the i laws of the state. If the vio- lation of the chapter Is, in its nature, continuous in respect to time, the penalty for allowing the continua- tion thereof shall not ex- ceed $250.00 for each day that the same is unlawfully c o n t i n u e d. (B) Any person violating or failing to comply with any of the provisions of 492.04 shall be deemed guilty of a misdemeanor and upon conviction shell be fined in a sum not lees that $25.00 or more then $100.00. Each day's viola- tion shall constitue a seta - rate offense. (C) Any person convicted of violating 592.27. Abuse of Police Dogs Prohibited. shall be punished as pro- vided in subsection (A) of this section or Imprisoned in the city jail for up to 30 days, or both. PASSED AND APPROVED: this 21st day of January.1992, APPROVED: By: Fred S. Vorsanger I Mayor i ATTEST 4 By: Sherry L Thomas City Clark (SEAL) gi95"8c7 Cost of Proof _. 5 'Iota! _ S - / O tv REcEYVEij FEB 2 5 1992 FINANCE DEPT.