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Ordinance 5002
ORDINANCE NO. 5002 AN ORDINANCE AMENDING CHAPTER 92, ANIMALS, CODE OF FAYETTEVILLE, TO IMPROVE THE TREATMENT OF ANIMALS AND ENSURE THE SAFETY OF THE CITIZENS OF FAYETTEVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 92, Animals, Code of Fayetteville is hereby repealed, and Exhibit " A," attached hereto and made a part hereof, is inserted in its stead. Section 2. That this Ordinance shall take effect six (6) months from the date of its passage. ` %�RK/T/7 PASSED and APPROVED this 17th day of April, 2007. r�a � ��TY pc APPROVED: ATTEST: c ; FAYETTEVILLE ; B B DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer CHAPTER 92 : ANIMALS 92.01 Definitions Harbor. For a period of three days or more, to keep and care for an animal or provide a For the purpose of this chapter the following premises to which the animal returns. definitions shall apply unless the context clearly indicates or requires a different meaning. Hobbyist means a person whose unsterilized dogs or cats are registered with the American Abandon. Any person who knowingly deserts an Kennel Club, United Kennel Club, Cat Fanciers' animal on public or private property. Association, The International Cat Association or similar group and who competes or shows their Animal. Any living creature, domestic or wild. animals at least annually. A 'hobbyist' is also a person who holds a current Arkansas hunting Animal shelter. Any facility operated by a humane license and uses his or her dogs to hunt at least society, municipal agency or its authorized annually. A 'hobbyist' may not allow his or her agent(s) for the purpose of impounding or caring animals to produce more than one total litter for animals held under the authority of this annually regardless of the number of unsterilized chapter or state law. animals owned. A second litter within a hobbyist's property within a twelve month period At large. Not under the physical control of the shall invalidate the hobbyist's permit for twelve animal's owner or harborer, or his authorized months. representative, either by leash, trolley system, or enclosure. An animal intruding upon or Kennel means a structure or facility used for the damaging the property of another person or upon purpose of breeding two or more litters of public property, trespassing on school grounds, puppies or kittens within any twelve month harassing passersby or passing vehicles, or period. A facility used for commercially boarding interfering with refuse collection, harassing meter more than three dogs or cats or combination readers and not under the physical control thereof at any time shall be considered a referred to herein shall be deemed "running at 'Kennel'. large." An animal within an automobile or other vehicle shall not be deemed "running at large" if License. A permit and animal tag issued by the the animal is physically confined to the vehicle. city to indicate that an animal is vaccinated An animal shall not be considered "at large" against rabies in accordance with city ordinance when on the premises of the owner or harborer and that the owner or harborer has remitted to thereof and accompanied by the owner or the city the levied permit fee. harborer. Locked Enclosure. A fence or pen, or structure Cat. A feline of either sex, including one neutered with all gates or entrances locked with a key or or sterilized. combination device. The structure forming or causing an enclosure of sufficient strength or City. City of Fayetteville, Arkansas. construction to contain the specific animal and Dangerous Animal. Any animal which, when prevent the animal from escaping. unprovoked, approaches in a manner of attack Noisy Animals. Any domestic animal which any person or domestic animal upon the streets, barks, whines, or howls in an unwarranted, or sidewalks, or any other public ground or place. continuous, or loud, or frequent fashion. Dog. A canine of either sex, including one Pet Shop means a commercial establishment or neutered or sterilized. facility which regularly sells pets such as dogs, cats, birds, rodents, reptiles and/or fish to the Enclosure. A fence or pen, or structure forming or general public. Pel Shops are only allowed in C- causing an enclosure of sufficient strength or 1 , C-2, C-3, Downtown Core, Mainstreet Center, construction to contain the specific animal and Downtown General and by Conditional Use in R- prevent the animal from escaping. Owners O Districts confining dogs or cats by means of an enclosure must provide a minimum space of 100 square Restrained. Any animal secured by leash and feet (10x10) per dog or cat four (4) months of age under the control of owner or harborer. At public or older. events of 100 persons or more, leashes shall be a maximum length of 6 feet. The animal must be within 4 feet of the owner or harborer. found in the wild state, or the offspring borne to Special Event. A specified or designated public wild animals bred with domestic dogs or cats. occurrence, affair, or event at which more than three hundred (300) persons are reasonably 92.02 Animal Care expected by the organizer or sponsor thereof to be in attendance. (A) No owner shall fail to provide his animals with sufficient good and wholesome food and water; Tether. A rope, chain, or cable of appropriate shelter which provides protection from the strength that is firmly anchored to the bed of an weather including four sides with opening, roof, open bed pickup truck or similar vehicle in at and floor; veterinary care when needed to least two places. Tether is to be used to restrain prevent suffering; and with humane care and the animal and fastened to the animal by means treatment. of a harness or collar and to be the appropriate length as to afford the animal freedom to move (B) No person shall beat, cruelly ill-treat, about the vehicle, but to restrict the animal to a torment, tease, overload, overwork, or otherwise set radius to prevent it from reaching either side abuse an animal, or cause, instigate, or permit or the rear of the vehicle so that the animal any dogfight, cockfight, bullfight, or other combat cannot be thrown from, fall from, or jump from the between animals or between animals and vehicle. humans. Trolley System. A confinement system utilizing (C) No owner of an animal shall abandon such cables and a pulley. Only one dog may be on animal. each trolley system. The cable must be attached to a properly fitting collar and of at least 8 feet in An (D) length. The trolley cable must be fixed to two y person who, as the operator of a motor permanent points and no less than 10 feet long vehicle, strikes a domestic animal shall stop at and mounted 4 to 7 feet off the ground. There once and report the accident to the appropriate law enforcement agency or to the local animal must be a swivel on at least one end of the control authority. affixed cable to prevent entanglement and have the ability to slide on the horizontal cable with a (E) No person shall expose any known poisonous stop at each end. No obstructions shall be in the substance or toxic chemical whether mixed with trolley area. The system shall provide adequate food or not so that the same shall be liable to be room for normal postural adjustments, for eaten by any animal, provided that it shall not be exercise and access to water, food, and shelter. unlawful for a person to expose, on his property, common rat poison mixed only with vegetable Vicious Animal. substance. 1 ) Any animal which without provocation, (F) No dog shall be chained or staked to a fixed bites or attacks a human being or domestic point. Dogs shall be kept in an enclosure or by animal on public or private property excluding the trolley system, so placed that the animal may not dog owner s private property and enclosures: or intrude on other property, whether public or private, and provide adequate room for normal 2) Any animal owned or harbored primarily postural adjustments, exercise, and access to or in part for the purpose of animal fighting or any water, food, and shelter. The area where any animal trained for animal fighting. animal is confined must provide proper and adequate drainage. The owner or harborer of the Notwithstanding the above definition, no animal shall be on the premises when the animal animal shall be declared vicious if the person is confined to the trolley system. attacked or bitten by said animal was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. 92.03 Shooting, Killing Or Molesting No animal shall be declared vicious if a Wild Animals Prohibited domestic animal which was bitten or attacked was teasing, tormenting, abusing or assaulting It shall be unlawful for any person to shoot, hunt, the animal or was committing or attempting to kill, chase, wound, or molest any wild animal commit a crime. within the corporate limits of the city. Wild animal. Any nonhuman primate, raccoon, skunk, fox, wolf, coyote, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm blooded animal which can normally be 92.04 Sale Of Diseased Animals; 92.07-92. 19 Repealed Kennel And Pet Shop Regulation (A) It shall be unlawful for any person, pet shop, 92.20 Annual License And Tag or kennel to sell, offer to sell, or expose any diseased or poisonous animal or any animal the (A) Levy and amount of license. There is hereby sale of which is prohibited by federal law. levied and there shall be collected an animal licensing fee in the amount hereinafter provided on each do or cat owned or kept within the (B) Every place used as a kennel or pet shop g Pcity. shall be kept in a clean and sanitary condition, Said fee shall be paid to the city or to a licensed and no refuse or waste materials shall be allowed veterinarian. It shall be the duty of any licensed to remain thereon for more than 24 hours. The veterinarian collecting a fee under the provisions owner or operator of a kennel or pet shop shall of this section to remit such fee to the city by the property treat any diseased animal and shall 10th of the month next following the month in property isolate those animals having a disease which said fee is collected. The issuing contagious to animal or human life; provided, any veterinarian shall be permitted to keep twenty animal which is diseased past recovery shall be percent (20%) of the licensing fee collected as a destroyed. All animals in a kennel or pet shop handling fee. shall be humanely treated and properly nourished. Animals shall not be confined in one (1 ) For each neutered male or spayed female the area in such numbers that access to food and levied fee shall be in the amount of $5.00 water is not readily available. annually. The fee for each unspayed female or unneutered male shall be $75.00, with exceptions for any animal under six months of 92.05 Noisy Animals Restricted age, the fee shall be $5.00 or the unspayed or unneutered animal is licensed under the It shall be unlawful for any person to keep on his hobbyist s permit. premises or under his control any noisy animal which shall disturb the peace and quiet of any (2) Medical Exemption of Spay and Neuter person who may reside within reasonable Surgery . proximity of the place where such animal is kept. An owner or harborer violating this section may If an actively licensed and practicing veterinarian be required to train the animal with a humane believes it would be unwise to subject the animal bark collar or other devices for noise control. to the sterilization procedure for medical reasons, The owner or harborer shall be notified of the a medical exception will be granted. In this case, opportunity to appeal this requirement within 10 the veterinarian who makes this determination days upon issuance of such requirements to the must provide a signed statement which: Animal Services Superintendent. (a) Describes the medical condition that 92.06 Animal Waste, Offensive Odors provides grounds for the medical exemption. Prohibited (b) Includes his or her opinion as to whether (A) The owner of an animal shall be responsible the medical condition is temporary or permanent. for the removal of any excreta deposited by his (c) If the condition is temporary, includes a animal(s) on public walks, recreation areas, prognosis of the date on which the sterilization public parks, or private property. can be performed safely. (B) It shall be unlawful for any person keeping or (3) Should a dog or cat be brought into the city, harboring any animal to fail to keep the premises the person owning or keeping such dog or cat where such animal is kept free from offensive shall have 30 days in which to pay the licensing odors to the extent that such odors are disturbing fee levied hereby. Any person failing to pay said to any person residing within a reasonable fee within such period shall be required to pay an proximity of said premises; and it shall be additional fee of $5.00. unlawful to allow the premises where any animal is kept to become unclean and a threat to the (B) Issuance of license receipt and tag. The city public health by failing to diligently and official or a licensed veterinarian to whom the fee systematically remove all waste material from the levied by subsection (A) above is paid shall issue premises. 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 fowl to permit the same to run at large within the that said dog or cat has been vaccinated for city. rabies according to state law. (C) It shall be unlawful for the owner or person (C) License period. A license, if not revoked, shall having charge of any dog or cat to permit or allow be valid for one year from the date of issue. A such dog or cat to run at large within the new license shall be obtained each year by every corporate limits of the city at any time. owner and a new fee paid. An owner shall have 30 days from the date the license expires to (D) It shall be unlawful for the owner or person obtain a new license without penalty. Any person having charge of any dog or cat to permit or allow failing to obtain a license within such period shall such dog or cat to be without proper restraint at a be required to pay an additional fee of $5.00. public event. (D) Tag to be attached to animal in a reasonable (E) The term "permit" shall include the failure of manner. It shall be the duty of the owner or the owner or person having charge of said animal keeper of every dog or cat within the city to to physically restrain the animal. The animal attach the tag provided for in subsection (B) to control officer shall be authorized to enter onto said dog or cat in a reasonable manner. private property for the purpose of impounding an (E) Nothing in this section shall be construed to animal found running at large. apply to any dog or cat under the age of three (F) Every female dog or cat in heat or estrous months, or to dogs or cats brought to the city on shall be confined in a building or secure a temporary basis for show or exhibition. enclosure in such a manner that such female dog or cat cannot come into contact with another 92.21 Rabies Vaccination Required animal except for planned breeding. (A) All dogs and cats in the city and other pets 92.23 Impoundment which are subject to rabies shall be vaccinated against rabies according to state law by an (A) The Fayetteville Animal Sheller is authorized accredited veterinarian. A metal tag evidencing to accept from the animal control officer or any such vaccination shall be attached to the harness private citizen, and to impound, any dog or cat or collar of every dog in the city, and shall be found running at large in violation of this attached to every cat in the city by a reasonable subchapter. The animal control officer shall not method. Any person who shall keep any pet be required to respond to requests to pick up which is subject to rabies in the city without first unconfined cats until the person making the having such pet vaccinated for rabies, at least request has confined or restrained the animal so once a year, shall be guilty of a misdemeanor. that it can readily be taken into custody by the animal control officer. The animal control officer (B) In case a tag for the animal licensing fee or may use humane animal traps or tranquilizers to rabies vaccination required by this chapter is lost assist in confining the cat. or destroyed, a duplicate shall be issued by the city upon presentation of a receipt or other (B) Whenever any animal in the animal shelter verification showing payment of said fee or bears a city tag, it shall be the duty of the animal receipt of such duplicate tag. No tag shall be control officer to notify the owner or the person to transferable from one animal to another. No whom the tag was issued, if such person or refunds shall be made on any fee from one owner can be found, that the animal has been animal to another. No refunds shall be made on taken up and placed in the animal shelter and will any fee because of the death of the animal or be destroyed or placed for adoption within 10 because the owner leaves the city before the days unless the fee hereinafter prescribed is expiration of the license period. paid. If the owner or person to whom the tag was issued cannot be found, the animal control officer 92.22 Running At Large Prohibited shall, by registered mail sent to said person's last known address, notify said person that the animal (A) It shall be unlawful for the owner or person in has been impounded at the animal shelter, and charge of any horse, mule, colt, sheep, cow, calf, will be destroyed or placed for adoption within 10 bull, jack, jenny, goat, hog, or swine of any kind days if the fee hereinafter prescribed is not paid. to permit or suffer the same to run at large within For the purpose of this section, the first day of the corporate limits of the city at any time. taking up shall be counted as the first day of the impoundment period provided herein. (B) It shall be unlawful for any person owning or having control of any chickens, turkeys, or other 92.24 Redemption Of Animals provision of the agreement shall be guilty of a misdemeanor. (A) After the expiration of 10 days impoundment in the case of a licensed animal, or the expiration 92.25 Confinement When Person of five days' impoundment in the case of an Bitten unlicensed animal, said animal shall become the Any animal suspected of biting a human shall be property of the city, and the city shall be quarantined in accordance with the provisions of empowered to place for adoption or to destroy A.C.A. 20-19-301 (The Rabies Control Act). and dispose of said animal as provided for in 92.23 (B) above. The animal control officer is (A) Once a citation has been issued by an hereby authorized to place for adoption or to Animal Services Officer or a complaint has been destroy such animal and dispose of the carcass, fled in the district court against the owner or For the purpose of this section, the day of taking harborer of an animal for violation of this section, up shall be counted as the first day of the the animal shall be relinquished by the owner or impoundment. harborer to the animal services officer and kept at the animal shelter, the animal shall not be (B) An owner reclaiming an impounded animal released except on order of the court, which shall pay the cost of such impoundment. Said order may also direct the owner or harborer to costs are hereby ascertained to be $10.00 for the pay a fine, all impoundment fees, and/or obtain first impoundment if the animal has a rabies liability insurance in amount to be determined. vaccination and is currently licensed in the city Upon a finding that such animal is a vicious with current city license and rabies tags attached; animal, the court may order the animal to be $25.00 for the first impoundment if the animal is euthanized in a humane manner. Surrender of an not currently vaccinated and licensed in animal by the owner or harborer thereof to the accordance with this chapter; animal shall be animal control officer shall not render the owner microchipped at time of redemption at the or harborer immune from the fines and fees owner s expense. $50.00 for the second prescribed by this chapter. impoundment for the same animal within a 12 month period; at the time of the 1st or 2nd (B) Once a complaint has been filed in the redemption the owner of an intact animal shall be Fayetteville District Court and the alleged vicious offered spay or neuter services at a reduced cost. animal is impounded at the Animal Shelter, the If sterilization is performed, the city licensing fee arraignment shall be held within seven calendar will be reduced to $5 at the first impound. days and the trial of the charges shall be held $100.00 fee for the third impoundment for the within two weeks of the arraignment date unless same animal within a 12 month period;, and at the defendant/owner of the impounded animal such time an intact animal shall be considered a requests a continuance and pays a cash deposit public nuisance and shall be spayed/neutered at into court in an amount equal to the the time of redemption at the owners expense; impoundment and board fees through the and $200.00 for the fourth and subsequent requested court date. impoundments of the same animal within a 12 month period. In addition to the impoundment fees, a boarding fee of $10.00 per da (C) It shall be unlawful for a vicious animal to be g p y per animal outside of a dwelling or locked enclosure unless it shall be charged for each day such animal is is necessary for the owner or harborer thereof to impounded in the animal shelter, together with obtain veterinary care for the vicious animal or to the licensing fee for such animal, if the same has comply with commands or directions of an animal not been paid, plus the cost of having an control officer with respect to the vicious animal; unvaccinated animal vaccinated for rabies. and, the owner or harborer of an animal in violation of this section shall be subject to C) The owner of an impounded animal who criminal prosecution. In such event, the vicious refuses to reclaim his animal may be proceeded animal shall be securely muzzled and restrained against for abandonment under the provisions of with a chain having a minimum tensile strength of 92.02. 300 pounds and not exceeding three feet in length, shall be collared with a blaze orange (D) No unclaimed dog or cat shall be released for collar and shall be under the direct control and adoption without being sterilized, or without a supervision of the owner or harborer. The owner written agreement from the adopter guaranteeing or harborer shall not be under the age of 18 that such animal will be sterilized, and after the years. A vicious animal owner shall immediately adoption fee has been paid. A voucher will be notify animal services if the animal is loose or issued to the adopter and said voucher may be unconfined, bites or attacks a person, has been used at the time the animal is sterilized. An moved to a different address or dies; whereupon adopter who fails to comply with the sterilization the owner must provide proof of death. The vicious animal shall not be sold or given away. (D) All vicious animals, when kept inside a chassis of the vehicle. Dogs may be transported dwelling shall not be allowed access !o screened in open beds of pickup trucks provided they are only windows or doors. A secure obsiacle shall secured in the vehicle by means of a humane be in place to prevent animal from exiting the cross tether and/or harness, or if the sides and structure. back of the pickup truck's bed are at least five feet high. n all cases where animals are (E) All vicious animals shall be sterilized and transported by motorized vehicles, it must be in a microchipped at the time of release from safe and humane manner that will prevent the impoundment at the owner s expense. animal from falling from, being thrown from, or jumping from the motorized vehicle or trailer (F) All vicious animals shall be confined in a being pulled by such. locked enclosure. It shall be unlawful for any person to keep or harbor a vicious animal upon 92.30 Prohibition Of Sale Of Animals any premises which does not have a locked From enclosure. The owner shall display signs stating Certain Locations Beware of Vicious Animal along with a symbol for same easily seen by children. The signs displayed shall be easily seen from the public Except for established animal business roadway. enterprises with permanent structures, and the Fayetteville Animal Shelter, the sale, distribution (G) Failure to comply with all restrictions of this and giving away of animals from public property subchapter will result in forfeiture of ownership. and from commercially and industrially zoned The vicious animal will be impounded by the land is prohibited. Animal Services Division and euthanized in a humane manner at owner s expense. 92.31 Dangerous Animals Restricted (H) The provisions of this section shall not apply (A) Once a complaint has been filed with the to animals owned by a law enforcement agency Animal Services division against the owner or and used for law enforcement purposes. harborer of an animal and based on the behavioral observation of the animal by an 92.27 Abuse Of Police Dogs Animal Services Officer, may result in finding the Prohibited animal dangerous as defined in 92.01 Dangerous Animals. The animal shall be kept and confined It shall be unlawful for any person to willfully in accordance with this section. strike, kick, beat, torment, torture, injure, kill or (B) All dangerous animals shall be confined in a harass any dog used by the police department in locked enclosure. It shall be unlawful for any the performance of any departmental functions or duties. Any person convicted of violating this person to permit a dangerous animal out of a section shall be punished as provided in 92.99. locked enclosure unless said animal is securely leashed with a leash no longer than 4 feet in 92.28 Keeping of Wild Animals length. Said person shall have physical control of the leash and of 18 years of age or older. When not on the property of the owner, the animal shall (A) No person shall keep or permit to be kept any be muzzled. After finding said animal dangerous, wild animal as a pet within the corporate limits of the owner of said animal shall immediately notify the city. animal services if the animal is loose, unconfined, bites or attacks a person, has been moved to a (B) No person shall keep or permit to be kept on different address or dies; whereupon the owner his premises any wild or vicious animal for must provide proof of death. The dangerous display or for exhibition purposes, whether animal shall not be sold or given away. gratuitously or for a fee. This section shall not be construed to apply to zoological parks, (C) All dangerous animals, when kept inside a performing animal exhibitions, or circuses. dwelling shall not be allowed access to screened only windows or doors. A secure obstacle shall 92.29 Transportation Of Animals be in place to prevent animal from exiting the structure. No person shall transport or carry any animal by motorized means unless the animal is safely (D) The owner shall display signs stating Beware enclosed within the vehicle or trailer, or enclosed of Dangerous Animal along with a symbol for in a portable kennel, crate, or dog box designed same easily seen by children. The signs for this purpose, which is then fastened by a displayed shall be easily seen from the public secure and appropriate means to the bed or the roadway. (E) All dangerous animals shall be sterilized and health clearances for breeding specific type of micro-chipped at the owner s expense at the time breed and health records for litter. the animal has been determined to be dangerous. (3) Documentation for competing purposes testifying that said animal has competed in at (F) The owner shall be notified of the ability to least one dog show or sporting competition appeal within 10 days upon issuance of such sanctioned by a national or regional registry requirements to the Animal Services within the past 12 months. The hobbyist holds Superintendent. membership within the past 12 months in a (G) Any owner or harborer violating the national, regional or local kennel club. requirements of this section shall be issued a (4) For hunting purposes hobbyist holds a citation to court for violation of this section. current state hunting license with the Arkansas Fish and Game Commission and the hobbyist 92.32 Animals at Special Events can successfully perform obedience commands Prohibited with said animal. (A) The Chief of Police may prohibit the bringing (C) License period. A license, if not revoked, shall of animals to Special Events as defined herein, if be valid for one year from the date of issue. A in his or her judgment, their presence would new permit shall be obtained each year by every constitute an unreasonable hazard to public hobbyist and a new fee paid. An owner shall safety or health. have 30 days from the date the license expires to obtain a new license without penalty. Any (B) Service animals, recognized performing hobbyist failing to obtain a license within such animals and police dogs shall be exempt from the period shall be required to pay an additional fee provisions of this section. of $10.00. 92.33 Annual Hobbyist Permit (D) Revocation of Permit. A permit may be revoked if the animal services division determines that any of the following conditions (A) Levy and amount of permit. There is hereby exist. levied and there shall be collected an annual permit fee in the amount hereinafter provided on (1 ) The hobbyist has been convicted of or pleads each dog or cat owned or kept within the city for guilty to cruelty to animals; the purposes of breeding, competing, or hunting. Said permit fee shall be paid to the city animal (2) The hobbyist has failed to comply with the services division along with a $25 non-refundable conditions of the permit; application fee. For each unneutered male or unspayed female over six months of age the (3) The hobbyist has violated the provisions of levied fee shall be in the amount of $25.00 this Chapter twice in one permit year; annually. (E) Nothing in this section shall be construed to (B) Issuance of permit and tag. The city animal apply to any dog or cat under the age of three services division to whom the fee levied by months, or to dogs or cats brought to the city on subsection (A) above is paid shall issue a permit a temporary basis for show or exhibition. after the following requirements have been documented and a successful inspection of the hobbyist s premises is complete. ARTICLE II ENFORCEMENT (1 ) Hobbyist permit application is filed with the 92.40 Animal Control Officer animal services division stating hobbyist s intent with said dog or cat. (A) There is hereby created the office of animal (2) Documentation for breeding purpocontrol officer. The animal control officer shall be ses appointed by the mayor and shall perform the testifying that said animal is registered with the duties and exercise the powers prescribed by this AKC, 11KC, CFA, or TICA as a purebred. The chapter. In addition, the animal control officer hobbyist holds membership within the past 12 shall perform such duties as may be delegated to months in a national, regional or local kennel him by the mayor or the City Council. club; provides a signed copy of the Code of Ethics for the breed club of which the hobbyist (g) The city's animal control officers are belongs; provides documentation of all necessary authorized to issue a citation to any person violating any provision of this chapter in the $500.00 or double that sum for each repetition of presence of said animal control officer. such offense, or violation; provided, no penalty shall be greater or less than the penalty provided 92.41 Interference With Animal for the same or a similar offense under the laws Control Officer Prohibited 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 It shall be unlawful for any person to forcibly exceed $250.00 for each day that the same is interfere or forcibly attempt to interfere with the unlawfully continued. animal control officer or other authorized persons in order to hinder him in the performance of his duties. Further, it shall be unlawful for any person of Any person who resides in the city convicted to refuse to deliver any unlicensed or of violating or pleads guilty to state law ACA section 5. to unvaccinated animal or any animal observed to Animals, may lose be running at large to the animal control officer, the privileggee oof f . Cruelty owning animals within the city or police officer, upon demand for impounding. limits for up to one year in addition to fines. (C) Any person violating or failing to comply with 92.42-92.98 Reserved any of the provisions of 92.04 shall be deemed 92.99 Penalty guilty of a misdemeanor and upon conviction shall be fined in a sum not less than $25.00 or (A) Whenever in this chapter an act is prohibited more than $100.00. Each day's violation shall or is made or declared to be unlawful or an constitute a separate offense. offense or a misdemeanor, or whenever in such chapter the doing of an act is required or the (D) Any person convicted of violating 92.27, failure to do any act is declared to be unlawful, Abuse of police dogs prohibited, shall be and no specific penalty is provided therefor, the punished as provided in subsection (A) of this violation of any such provision of this chapter section or imprisoned in the city jail for up to 30 shall be punished by a fine of not more than days, or both. U41�) ALDERMAN AGENDA REQUEST FORM V117107 .tea damd 640),4r FOR: COUNCIL MEETING OF MARCH 20, 2007 FROM: ALDERMAN BRENDA THIEL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance Amending Chapter 92 Animals, Code of Fayetteville, To Improve The Treatment Of Animals And Ensure The Safety Of The Citizens Of Fayetteville APPROVED FOR AGENDA: 07 Brenda hiel Date Alderman Jill h/atfield Date Animal Services '�D� 3 5)21:67 David J. qitaker Date Assistant City Attorney (as to form) Dan CoodyDate Mayor w E El L le* errs ��r6` r , J,� w2:77 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 92, ANIMALS, CODE OF FAYETTEVILLE, TO IMPROVE THE TREATMENT OF ANIMALS AND ENSURE THE SAFETY OF THE CITIZENS OF FAYETTEVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF T E ITY< OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 92, Animals, Code of Faye Ile is herebe ealed, and Exhibit " A," attached hereto and made a part R reof, is inser ed in is steads {'e' PASSED and APPROVED this 20thd�'� o . arch, 200 4 APPROVED: A ES . . By:- By. , A COODY, Mayor SONDRA SMITH, City Clerk/Treasurer CHAPTER 92 : ANIMALS 92.01 Definitions Harbor. For a period of three days or more, to keep and care for an animal or provide a For the purpose of this chapter the following premises to which the animal returns. definitions shall apply unless the context clearly indicates or requires a different meaning. Hobbyist. An individual who owns unsterilized dogs or cats for the purpose of breeding, Abandon. Any person who knowingly deserts an competing, or hunting. Such individual is a animal on public or private property. member of the American Kennel Club (AKC), United Kennel Club (UKC), Cat Fanciers' Animal. Any living creature, domestic or wild. Association (CFA), The International Cat Association (TICA), or holds a current state Animal shelter. Any facility operated by a humane hunting license with the Arkansas Fish and Game society, municipal agency or its authorized Commission. agent(s) for the purpose of impounding or caring for animals held under the authority of this Kennel and/or pet shop. As used herein, the term chapter or state law. "kennel" and "pet shop" shall be construed to include any individual or establishment with the At large. Not under the physical control of the intent and purpose of raising, training, boarding, animal's owner or harborer, or his authorized or selling of dogs, cats, birds, mice, rats, reptiles, representative, either by leash, trolley system, or fowl or fish or other small animals for hire or enclosure. An animal intruding upon or profit. A kennel and/or pet shop are only allowed damaging the property of another person or upon in those districts so designated by the zoning public property, trespassing on school grounds, code. harassing passersby or passing vehicles, or interfering with refuse collection, harassing meter License. A permit and animal tag issued by the readers and not under the physical control city to indicate that an animal is vaccinated referred to herein shall be deemed "running at against rabies in accordance with city ordinance large." An animal within an automobile or other and that the owner or harborer has remitted to vehicle shall not be deemed "running at large" if the city the levied permit fee. the animal is physically confined to the vehicle. An animal shall not be considered "at large" Locked Enclosure. A fence or pen, or structure when on the premises of the owner or harborer with all gates or entrances locked with a key or thereof and accompanied by the owner or combination device. The structure forming or harborer. causing an enclosure of sufficient strength or construction to contain the specific animal and Cat. A feline of either sex, including one neutered prevent the animal from escaping. or sterilized. Noisy Animals. Any domestic animal which City. City of Fayetteville, Arkansas. barks, whines, or howls in an unwarranted, or continuous, or loud, or frequent fashion. Dangerous Animal. Any animal which, when unprovoked, approaches in a manner of attack Restrained. Any animal secured by leash and any person or domestic animal upon the streets, under the control of owner or harborer. At public sidewalks, or any other public ground or place. events of 100 persons or more, leashes shall be a maximum length of 6 feet. The animal must be Dog. A canine of either sex, including one within 4 feet of the owner or harborer. neutered or sterilized. Special Event. A specified or designated public Enclosure. A fence or pen, or structure forming or occurrence, affair, or event at which more than causing an enclosure of sufficient strength or three hundred (300) persons are reasonably construction to contain the specific animal and expected by the organizer or sponsor thereof to prevent the animal from escaping. Owners be in attendance. confining dogs or cats by means of an enclosure must provide a minimum space of 100 square Tether. A rope, chain, or cable of appropriate feet (10x10) per dog or cat four (4) months of age strength that is firmly anchored to the bed of an or older. open bed pickup truck or similar vehicle in at least two places. Tether is to be used to restrain the animal and fastened to the animal by means of a harness or collar and to be the appropriate length as to afford the animal freedom to move about the vehicle, but to restrict the animal to a set radius to prevent it from reaching either side or the rear of the vehicle so that the animal cannot be thrown from, fall from, or jump from the vehicle. Trolley System. A confinement system utilizing cables and a pulley. Only one dog may be on each trolley system. The cable must be attached to a properly fitting collar and of at least 8 feet in length. The trolley cable must be fixed to two permanent points and no less than 10 feet long and mounted 4 to 7 feet off the ground. There must be a swivel on at least one end of the affixed cable to prevent entanglement and have the ability to slide on the horizontal cable with a stop at each end. No obstructions shall be in the trolley area. The system shall provide adequate room for normal postural adjustments, for exercise and access to water, food, and shelter. Vicious Animal. 1) Any animal which without provocation, bites or attacks a human being or domestic animal on public or private property excluding the dog owner's private property and enclosures: or 2) 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 or was committing or attempting to commit a crime. Wild animal. Any nonhuman 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 animal control authority. (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 not be unlawful for a person to expose, on his property, common rat poison mixed only with vegetable substance. (F) No dog shall be chained or staked to a fixed point. Dogs shall be kept in an enclosure or by trolley system, so placed that the animal may not intrude on other property, whether public or private, and provide adequate room for normal postural adjustments, exercise, and access to water, food, and shelter. The area where any animal is confined must provide proper and adequate drainage. The owner or harborer of the animal shall be on the premises when the animal is confined to the trolley system. 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, 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 Restricted It shall be unlawful for any person to keep on his premises or under his control any noisy animal which shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where such animal is kept. An owner or harborer violating this section may be required to train the animal with a humane "bark collar" or other devices for noise control. The owner or harborer shall be notified of the opportunity to appeal this requirement within 10 days upon issuance of such requirements to the Animal Services Superintendent. 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, public parks, 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 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. 92.07-92.19 Repealed 92.20 Annual License And Tag (A) 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. The issuing veterinarian shall be permitted to keep twenty percent (20%) of the licensing fee collected as a handling fee. (1) 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 $75.00, with exceptions for any animal under six months of age, the fee shall be $5.00 or the unspayed or unneutered animal is licensed under the hobbyist's permit. (2) 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 according to state law. (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 in a reasonable manner. It shall be the duty of the owner or keeper of every dog or cat within the city to attach the tag provided for in subsection (B) to said dog or cat in a reasonable manner. (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 against rabies according to state law 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, jenny, 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 be without proper restraint at a public event. (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. (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 Impoundment (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 placed for adoption within 10 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 placed for adoption within 10 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 10 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 place for adoption or to destroy and dispose of said animal as provided for in §92.23 (B) above. The animal control officer is hereby authorized to place for adoption 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 $10.00 for the first impoundment if the animal has a rabies vaccination and is currently licensed in the city with current city license and rabies tags attached; $25.00 for the first impoundment if the animal is not currently vaccinated and licensed in accordance with this chapter; animal shall be microchipped at time of redemption at the owner's expense. $50.00 for the second impoundment for the same animal within a 12 month period; at the time of the 1st or 2nd redemption the owner of an intact animal shall be offered spay or neuter services at a reduced cost. If sterilization is performed, the city licensing fee will be reduced to $5 at the first impound. $100.00 fee for the third impoundment for the same animal within a 12 month period;, and at such time an intact animal shall be considered a public nuisance and shall be spayed/neutered at the time of redemption at the owner's expense; and $200.00 for the fourth and subsequent impoundments of the same animal within a 12 month period. In addition to the impoundment fees, a boarding fee of $10.00 per day per animal shall be charged for each day such animal is impounded in the animal shelter, together with the licensing fee for 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 after the adoption fee has been paid. A voucher will be issued to the adopter 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 Confinement When Person Bitten Any animal suspected of biting a human shall be quarantined in accordance with the provisions of A.C.A. 20-19-301 (The Rabies Control Act). 92,26 Vicious Animal Restricted (A) Once a citation has been issued by an Animal Services Officer or a complaint has been filed in the district court against the owner or harborer of an animal for violation of this section, the animal shall be relinquished by the owner or harborer to the animal services officer and kept at the animal shelter, 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, all impoundment fees, and/or obtain liability insurance in amount to be determined. 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. (B) Once a complaint has been filed in the Fayetteville District Court and the alleged vicious animal is impounded at the Animal Shelter, the arraignment shall be held within seven calendar days and the trial of the charges shall be held within two weeks of the arraignment date unless the defendant/owner of the impounded animal requests a continuance and pays a cash deposit into court in an amount equal to the impoundment and board fees through the requested court date. (C) It shall be unlawful for a vicious animal to be outside of a dwelling or locked enclosure unless it is necessary for the owner or harborer thereof to obtain veterinary care for the vicious animal or to comply with commands or directions of an 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 or harborer. The owner or harborer shall not be under the age of 18 years. A vicious animal owner shall immediately notify animal services if the animal is loose or unconfined, bites or attacks a person, has been moved to a different address or dies; whereupon the owner must provide proof of death. The vicious animal shall not be sold or given away. (D) All vicious animals, when kept inside a dwelling shall not be allowed access to screened only windows or doors. A secure obstacle shall be in place to prevent animal from exiting the structure. (E) All vicious animals shall be sterilized and microchipped at the time of release from impoundment at the owner's expense. (F) All vicious animals shall be confined in a locked 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. The owner shall display signs stating "Beware of Vicious Animal" along with a symbol for same easily seen by children. The signs displayed shall be easily seen from the public roadway. (G) Failure to comply with all restrictions of this subchapter will result in forfeiture of ownership. The vicious animal will be impounded by the Animal Services Division and euthanized in a humane manner at owner's expense, (H) The provisions of this section shall not apply to animals owned by a law enforcement agency and used for law 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 purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses. 92.29 Transportation Of Animals No person shall transport or carry any animal by motorized means unless the animal is safely enclosed within the vehicle or trailer, or enclosed in a portable kennel, crate, or dog box designed for this purpose, which is then fastened by a secure and appropriate means to the bed or the chassis of the vehicle. Dogs may be transported in open beds of pickup trucks provided they are secured in the vehicle by means of a humane cross tether and/or harness, or if the sides and back of the pickup truck's bed are at least five feet high. n all cases where animals are transported by motorized vehicles, it must be in a safe and humane manner that will prevent the animal from falling from, being thrown from, or jumping from the motorized vehicle or trailer being pulled by such. 92.30 Prohibition Of Sale Of Animals From Certain Locations Except for established animal business enterprises with permanent structures, and the Fayetteville Animal Shelter, the sale, distribution and giving away of animals from public property and from commercially and industrially zoned land is prohibited. 92.31 Dangerous Animals Restricted (A) Once a complaint has been filed with the Animal Services division against the owner or harborer of an animal and based on the behavioral observation of the animal by an Animal Services Officer, may result in finding the animal dangerous as defined in 92.01 Dangerous Animals. The animal shall be kept and confined in accordance with this section. (B) All dangerous animals shall be confined in a locked enclosure. It shall be unlawful for any person to permit a dangerous animal out of a locked enclosure unless said animal is securely leashed with a leash no longer than 4 feet in length. Said person shall have physical control of the leash and of 18 years of age or older. When not on the property of the owner, the animal shall be muzzled. After finding said animal dangerous, the owner of said animal shall immediately notify animal services if the animal is loose, unconfined, bites or attacks a person, has been moved to a different address or dies; whereupon the owner must provide proof of death. The dangerous animal shall not be sold or given away. (C) All dangerous animals, when kept inside a dwelling shall not be allowed access to screened only windows or doors. A secure obstacle shall be in place to prevent animal from exiting the structure. (D) The owner shall display signs stating "Beware of Dangerous Animal" along with a symbol for same easily seen by children. The signs displayed shall be easily seen from the public roadway. (E) All dangerous animals shall be sterilized and micro -chipped at the owner's expense at the time the animal has been determined to be dangerous. (F) The owner shall be notified of the ability to appeal within 10 days upon issuance of such requirements to the Animal Services Superintendent. (G) Any owner or harborer violating the requirements of this section shall be issued a citation to court for violation of this section. 92.32 Animals at Special Events Prohibited (A) The Chief of Police may prohibit the bringing of animals to Special Events as defined herein, if in his or her judgment, their presence would constitute an unreasonable hazard to public safety or health. (B) Service animals, recognized performing animals and police dogs shall be exempt from the provisions of this section. 92.33 Annual Hobbyist Permit (A) Levy and amount of permit. There is hereby levied and there shall be collected an annual permit fee in the amount hereinafter provided on each dog or cat owned or kept within the city for the purposes of breeding, competing, or hunting. Said permit fee shall be paid to the city animal services division along with a $25 non-refundable application fee. For each unneutered male or unspayed female over six months of age the levied fee shall be in the amount of $25.00 annually. (B) Issuance of permit and tag. The city animal services division to whom the fee levied by subsection (A) above is paid shall issue a permit after the following requirements have been documented and a successful inspection of the hobbyist's premises is complete. (1) Hobbyist permit application is filed with the animal services division stating hobbyist's intent with said dog or cat. (2) Documentation for breeding purposes testifying that said animal is registered with the AKC, UKC, CFA, or TICA as a purebred. The hobbyist holds membership within the past 12 months in a national, regional or local kennel club; provides a signed copy of the Code of Ethics for the breed club of which the hobbyist belongs; provides documentation of all necessary health clearances for breeding specific type of breed and health records for litter. (3) Documentation for competing purposes testifying that said animal has competed in at least one dog show or sporting competition sanctioned by a national or regional registry within the past 12 months. The hobbyist holds membership within the past 12 months in a national, regional or local kennel club. (4) For hunting purposes hobbyist holds a current state hunting license with the Arkansas Fish and Game Commission and the hobbyist can successfully perform obedience commands with said animal. (C) License period. A license, if not revoked, shall be valid for one year from the date of issue. A new permit shall be obtained each year by every hobbyist 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 hobbyist failing to obtain a license within such period shall be required to pay an additional fee of $10.00. (D) Revocation of Permit. A permit may be revoked if the animal services division determines that any of the following conditions exist. (1) The hobbyist has been convicted of or pleads guilty to cruelty to animals; (2) The hobbyist has failed to comply with the conditions of the permit; (3) The hobbyist has violated the provisions of this Chapter twice in one permit year; (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. ARTICLE II 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 mayor 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 mayor or the City Council. (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 or 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 police officer, upon demand for impounding. 92.42-92.98 Reserved 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 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 who resides in the city convicted of violating or pleads guilty to state law ACA section 5.62.101. Cruelty to Animals, may lose the privilege of owning animals within the city limits for up to one year in addition to fines. (C) Any person violating or failing to comply with any of the provisions of §92.04 shall be deemed or both. 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. (D) 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, }a eLr It ARKANSAS u I BItAIC_a%1l I TO: City Council and Mayor Coody FROM: Jill Hatfield, Animal Services Superintendent Ad Hoc Animal Ordinance Comm ttee DATE: March 21, 2007 RE: Proposed Animal Ordinance Attached please find a copy of the proposed Chapter 92 Animal Ordinance that highlights the additions made and strikeouts of current ordinance information. Also included is supplemental information regarding materials used for containment and documents concerning pet overpopulation. The Ad Hoc Animal Ordinances Review committee worked on areas of the ordinances that are complaint driven and focused on public safety along with humane treatment of the animals in our city. The committee revised several of the definitions and included additional terms to assist with clarification. Areas addressed by the ad hoc committee included dangerous and vicious animals restricted, living space requirements for each animal, and prohibiting the use of chains as a means of restraint. The ad hoc committee also recommended increasing the city license fee for un-sterilized animals, increasing the impound and boarding fees for animals reclaimed along with provisions to microchip animals on the first impound and sterilize an intact animal upon reclaim on its third impound. One change was made to 92.20 Annual License and Tag, the yearly licensing fee for spay/neutered animals would remain $5, while the yearly licensing fee for un-neutered dogs and cats would increase from $15 to $75, thus providing an incentive to spay/neuter the animal. If an un-neutered animal is impounded, the option to pay the lesser fee and have the animal spay/neutered before redemption will be offered to the owner. Many municipalities, and counties across the country are mandating spay/neutering of animals that are not used for showing, breeding, or hobbyist purposes. A Hobbyist Permit would be available for $25 per animal with a $25 application fee per year. • Ninety-seven percent (97%) of the 4,787 animals impounded in 2006 were un-sterilized. Giving reclaiming owners the option to spay/neuter on the first impound versus paying a $75 city license fee will decrease the city's over -population of stray and unwanted animals over time. Many impounded animals are males running at large searching for females in heat or estrous. Often impregnating stray females and producing unwanted litters. The City will see a cost savings in this area over several years with the continuation of the spay/neuter programs now in operation. The City of Fayetteville Low Cost Spay/Neuter program, the Unincorporated Washington County Free Spay/Neuter program, and the Humane Society of the Ozarks program for citizens in need throughout the Washington County area combined will reduce the stray and unwanted population collectively. This collective program is the only one in the state of Arkansas and no other municipal shelter in Arkansas has a full-time veterinarian. Most programs of this magnitude occur in major urban settings and over a decade have seen great success. Many cities have stopped euthanizing adoptable animals. Since beginning the three programs in 2003, a decrease in animals coming into the shelter occurred by 2005. A decrease in 568 animals was seen in a two year period although the human population continued to increase. If such a decrease in unwanted animals was realized every two years, the city would reduce sheltering costs by approximately $12,000 for that period. The savings would be recognized in vaccinations, euthanasia drugs and incineration costs. Animal Services Officers would be able to decrease time picking up strays and euthanizing animals and dedicating more time to investigating citizen complaints and conducting ownership education. The three spay/neuter programs combined have sterilized 9,000 animals since 2003. These programs alone have not reduced the euthanasia rate. In 2006 Animal Services euthanized 2,239 animals although adoption and owner reclaim rates continued to increase. Adult dogs can have two litters a year as cats may have three. It continues to be challenging each spring and fall to find homes for 7 to 10 puppies or 4 to 6 kittens per litter. These unwanted litters are born and then must be euthanized in a matter of months due to lack of adopters or rescues. Animal Services staff and volunteers provide thousands of hours of outreach and education in the community. Monthly segments televised on KNWA, Jones TV, and the Government Channel, PSA's on Cummulus radio stations and in the Northwest Arkansas Times and Free Weekly newspapers. Ongoing presentations at elementary and middle schools, Rotary Club, Kiwanas Club, Optimist Club, and Neighborhood Association meetings. Showing adoptable dogs and cats at Petsmart, Farmer's Market, Concerts in Gulley Park, HSO special events and Shelter events. Foster programs of animals to Veterinarian Clinics for adoption. Services information not only on AccessFayetteville, but on Petfinder.com and MySpace.com. Animals from the shelter have been adopted and rescued to persons all over the United States and in Canada. Animal Services has a good working relationship with many reputable breed specific rescue groups. • Tacoma, Washington has offered a spay/neuter program for 12 years along with a higher licensing fee for unaltered animals gave citizens an incentive to spay/neuter. Shelter intake decreased from 40,000 animals per year to 25,000 animals per year. They attribute their success to the combination of the two components. • The chaining of an animal to a fixed point is prohibited in the revised ordinance 92.02 Animal Care. The revision states that dogs may be restrained by a trolley system. Chaining animals is a dangerous restraint device that often ends in a person being bitten by the chained animal. The American Veterinary Medical Association statement on chaining, "Never tether or chain your dog because this can contribute to aggressive behavior." According to Karen Delise author of Fatal Dog Attacks, "Chained dogs killed at least 109 people from 1965-2001. Of the 109 people, 99 were children that wandered into reach of a chained or similarly restrained dog. For citizens who are unable to build a fence or kennel run, a trolley system allows the animal more range for exercise and with stoppers used correctly keeps the animal from entanglement. Specific enclosure space requirements per animal, as clarified in 92.01 Definitions, would allow Animal Services Officers to view the area where each animal is being kept. Complaints concerning too many animals in a small area will be managed using specified square footage. A l Ox 10 area would allow for proper waste and odor control. Many municipalities in Arkansas and around the country utilize such space requirements to manage the number of animals per household along with providing humane living conditions. Addressing barking dogs in 92.05 Noisy Animals Restricted, an additional requirement will be made if the dog is found to be in violation. The owner will be educated on devices for noise control and required to utilize a method. If the barking continues, the owner will be cited to court. In 92.24 Redemption of Animals, an increase in impound and boarding fees was recommended. At present other municipalities and Washington County pay sheltering fees of $15 each day per animal. Currently Fayetteville citizens are paying boarding fees of $5 each day. The boarding and impound fees have not been increased since 1991. The increases would assist in reclaiming the actual sheltering and animal control costs associated with picking up and housing the animal. Along with the increase in fees would be more aggressive steps to identify the owner on the first impound if the animal is not wearing proper identification. Animal Services would microchip the animal with a permanent identifying microchip at the owner's expense. On the third impound in a 12 month period the animal would be considered a public nuisance and would be spay/neutered at the owner's expense. The un-neutered dogs and cats that are continually running at large are partly responsible for the continued increase in stray animals. In 2006 Animal Services sheltered 4,787 dogs and cats. An increase of 642 animals over 2005. The committee felt the owner's of such animals should pay for costs of services and thus lessen the burden placed on the taxpayers. It is the Ad Hoc Committees hope to protect the citizens of Fayetteville with the proposed revisions to the Animal Ordinances as well as protect the animals and provide for their humane treatment. Please contact me at 444-3455 or at ihatfield(a ci.fayetteville.ar.us if you have questions or concerns about these revisions. cc: Greg Tabor, Chief of Police Tracey Risley, Deputy Chief of Police Amend Chapter 92- Anhrel Ordinarces Page 1of 8 CHAPTER 92 ANIMALS 92.01 Definitions For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandon. Any person who knowingly deserts an animal on public or private property. Animal. Any living creature, domestic or wild. Animal shelter. Any facility operated by a humane society, municipal agency or its authorized agent(s) for the purpose of impounding or caring for animals held under the authority of this chapter or state law. At large. Not under the physical control of the animal's owner or harborer, or his authorized representative, either by leash, trolley system, or enclosure. An animal intruding upon or damaging the property of another person or upon public property, trespassing on school grounds, harassing passersby or passing vehicles, or interfering with refuse collection, harassing meter readers 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 larger when on the premises of the owner or harborer thereof and accompanied by the owner or harborer. Cat. A feline of either sex, including one neutered or sterilized. City. City of Fayetteville, Arkansas. Dangerous Animal. Any animal which, when unprovoked, approaches In a manner of attack any person or domestic animal upon the streets, sidewalks, or any other public ground or place. Dog. A canine of either sex, including one neutered or sterilized. 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. Hobbyist. An individual who owns unsterilized dogs or cats for the purpose of breeding, competing, or hunting. Such individual Is a member of the American Kennel Club (AKC), United Kennel Club (UKC), Cat Fanciers' Association (CFA), The International Cat Association (TICA), or holds a current state hunting license with the Arkansas Fish and Game Commission. Kennel and/or pet shop. As used herein, the term "kenner and "pet shop" shall be construed to include any individual or establishment with the Intent and purpose of raising, training, boarding, or selling of dogs, cats, birds, mice, rats, reptiles, fowl or fish or other small animals for hire or profit. A kennel and/or pet shop are only allowed in those districts so designated by the zoning code. License. A permit and animal tag 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. Locked Enclosure. A fence or pen, or structure with all gates or entrances locked with a key or combination device. The structure forming or causing an enclosure of sufficient strength or construction to contain the specific animal and prevent the animal from escaping. Noisy Animals. Any domestic animal which barks, whines, or howls in an unwarranted, or continuous, or loud, or frequent fashion. Restrained. Any animal secured by leash and under the control of owner or harborer. At public events of 100 persons or more, leashes shall be a maximum length of 6 feet. The animal must be within 4 feet of the owner or harborer. Enclosure. A fence or pen, or structure forming or Special Event. A specified or designated public causing an enclosure of sufficient strength or occurrence, affair, or event at which more than construction to contain the specific animal and three hundred (300) persons are reasonably prevent the animal from escaping. Owners expected by the organizer or sponsor thereof to be confining dogs or cats by means of an enclosure In attendance, must provide a minimum space oil00 square feet (10xt0) per dog or cat four (4) months of age or Tether. A rope, chain, or cable of appropriate older, strength that is firmly anchored to the bed of an open bed pickup truck or similar vehicle in at least two places. Tether is to be used to restrain the animal and fastened to the animal by means Amended Chapter 92— Animal Ordinance Page 2 of 8 of a harness or collar and to be the appropriate length as to afford the animal freedom to move (B) No person shall beat, cruelly Ill-treat, about the vehicle, but to restrict the animal to a set torment, tease, overload, overwork, or otherwise radius to prevent it from reaching either side or the abuse an animal, or cause, Instigate, or permit any rear of the vehicle so that the animal cannot be dogfight, cockfight, bullfight, or other combat thrown from, fall from, or jump from the vehicle, between animals or between animals and humans. Trolley System. A confinement system utilizing cables and a pulley. Only one dog may be on (C) No owner of an animal shall abandon such each trolley system. The cable must be attached to a property fitting collar and of at least 8 feet in animal. length. The trolley cable must be fixed to two permanent points and no less than 10 feet long (D) Any person who, as the operator of a motor and mounted 4 to 7 feet off the ground. There vehicle, strikes a domestic animal shall stop at must be a swivel on at least one end of the affixed once and report the accident to the appropriate cable to prevent entanglement and have the ability law enforcement agency or to the local animal to slide on the horizontal cable wtth a stop at each control authority. end. No obstructions shall be in the trolley area. The system shall provide adequate room for (E) No person shall expose any known poisonous normal postural adjustments, for exercise and substance or toxic chemical whether mixed with access to water, food, and shelter, food or not so that the same shall be liable to be I eaten by any animal, provided that A shall not be Vicious Animal. unlawful for a person to expose, on his property, common rat poison mixed only with vegetable 1) Any animal which without provocation, substance. bites or attacks a human being or domestic animal on public or private property excluding the dog (F) No dog shall be chained or staked to a fixed owners private property and enclosures: or point. Dogs shall be kept in an enclosure or by trolley system, so placed that the animal may not 2) Any animal owned or harbored primarily intrude on other property, whether public or or in part for the purpose of animal fighting or any private, and provide adequate room for normal animal trained for animal fighting. postural adjustments, exercise, and access to water, food, and shelter. The area where any Notwithstanding the above definition, no animal is confined must provide proper, and animal shall be declared vicious if the person adequate drainage. The owner or harborer of the attacked or bitten by said animal was teasing, animal shall be on the premises when the animal tormenting, abusing or assaulting the animal or Is confined,to the trolley system. was committing or attempting to commit a crime. No animal shall be declared vicious if a 92.03 Shooting, Killing Or Molesting Wild domestic animal which was bitten or attacked was Animals Prohibited teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit It shall be unlawful for any person to shoot, hunt, kill, chase, wound, or molest any wild animal within a crime, the corporate limits of the city. Wild animal. Any nonhuman primate, raccoon, 92.04 Sale Of Diseased Animals; Kennel skunk, fox, wolf, coyote, poisonous snake, leopard, panther, tiger, lion, lynx, or any other And Pet Shop Regulation warm blooded animal which can normally be found in the wild state, or the offspring borne to wild (A) It shall be unlawful for any person, pet shop, or animals bred with domestic dogs or cats. kennel to sell, offer to sell, or expose any diseased or poisonous animal or any animal the sale of 92.02 Animal Care which is prohibited by federal law. (A) No owner shall fall to provide his animals with (B) Every place used as a kennel or pet shop shall sufficient good and wholesome food and water; be kept in a clean and sanitary condition, and no shelter which provides protection from the weather refuse or waste materials shall be allowed to including four sides with opening, roof, and floor; remain thereon for more than 24 hours. The owner veterinary care when needed to prevent suffering; or operator of a kennel or pet shop shall properly and with humane care and treatment. treat any diseased animal and shall properly isolate those animals having a disease Amend Chapter 92— Animal Ordinance Page 3 of 8 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 Restricted It shall be unlawful for any person to keep on his premises or under his control any noisy animal which shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where such animal is kept. An owner or harborer violating this section may be required to train the animal with a humane "bark collar or other devices for noise control. The owner or harborer shall be notified of the opportunity to appeal this requirement within 10 days upon Issuance of such requirements to the Animal Services Superintendent. 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, public parks, 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 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. 92.07-92.19 Repealed 92.20 Annual License And Tag (A) 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. The issuing veterinarian shall be permitted to keep twenty percent (20%) of the licensing fee collected as a handling fee. (1) 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 15.88 $75.00, with exceptions for any animal under six months of age, the fee shall be $5.00 or the unspayed or unneutered animal is licensed under the hobbyist's permit. (2) 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 according to state law. (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 falling 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 in a reasonable manner. It shall be the duty of the owner or keeper of every dog or cat within the city to attach the tag provided for in subsection (B) to said dog or cat in a reasonable manner. (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 against rabies according to state law 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. Amend Chapter 92- Animal Ordinance Page 4 of 8 (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, jenny, 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 be without proper restraint at a public event. (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. (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 Impoundment (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 placed for adoption within 10 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 placed for adoption within 10 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 10 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 place for adoption or to destroy and dispose of said animal as provided for in §92.23 (B) above. The animal control officer is hereby authorized to place for adoption 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. (8) An owner reclaiming an impounded animal shall pay the cost of such impoundment. Said costs are hereby ascertained to be x.00510.00 for the first impoundment if the animal has a rabies vaccination and is currently licensed in the city with current city license and rabies tags attached; 1IQ $25.00 for the fast impoundment if the animal Is not currently vaccinated and licensed In accordance with this chapter, animal shall be mlcrochipped at time of redemption at the owners expense. $25:00 $50.00 for the second impoundment for the same animal within a 12 month period; at the time of the le or 2n4 redemption the owner of an intact animal shall be offered spay a neuter services at a reduced cost. If sterilization Is performed, the city licensing fee will be reduced to $5 at the first Impound. U0.00 $100.00 fee for the third Impoundment for the same animal within a 12 month period;, and at such time an intact animal shall be considered a public nuisance and shall Amend chapter 92— Animal Ordinance Page 5 ol 8 be spayed/neutered at the time of redemption at the owner's expense; and j0&B9_ $200.00 for the fourth and subsequent impoundments of the same animal within a 12 month period. In addition to the Impoundment fees, a boarding fee of $549 $10.00 per day per animal shall be charged for each day such animal is impounded in the animal shelter, together with the licensing fee for 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 after the adoption fee has been paid. A voucher will be issued to the adopter 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 Confinement When Person Bitten Any animal suspected of biting a human shall be quarantined In accordance with the provisions of A.C.A. 20-19-30f (The Rabies Control Act). 92.26 Vicious Animal Restricted (A) Once a citation has been Issued by an Animal Services Officer or a complaint has been filed in the district court against the owner or harborer of an animal for violation of this section, the animal shall be relinquished by the owner or harborer to the animal services officer and kept at the animal shelter, 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, all impoundment fees, and/or obtain liability Insurance in amount to be determined. 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. (B) Once a complaint has been filed in the Fayetteville District Court and the alleged vicious animal is impounded at the Animal Shelter, the arraignment shall be held within seven calendar days and the trial of the charges shall be held within two weeks of the arraignment date unless the defendant/owner of the impounded animal requests a continuance and pays a cash deposit into court in an amount equal to the impoundment and board fees through the requested court date. (C) It shall be unlawful for a vicious animal to be outside of a dwelling or locked enclosure unless it is necessary for the owner or harborer thereof to obtain veterinary care for the vicious animal or to comply with commands or directions of an 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 or harborer. The owner or harborer shall not be under the age of 18 years. A vicious animal owner shall Immediately notify animal services if the animal is loose or unconfined, bites or attacks a person, has been moved to a different address or dies; whereupon the owner must provide proof of death. The vicious animal shall not be sold or given away. (D) AD vicious animals, when kept inside a dwelling shall not be allowed access to screened only windows or doors. A secure obstacle shall be in place to prevent animal from exiling the structure. (E) All vicious animals shall be sterilized and microchlpped at the time of release from Impoundment at the owner's expense. (F) All vicious animals shall be confined in a looted 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. The owner shall display signs stating 'Beware of Vicious Animar along with a symbol for same easily seen by children. The signs displayed shall be easily seen from the public roadway. (G) Failure to comply with all restrk0ons of this subchapter will result In forfeiture of ownership. The vicious animal will be impounded by the Animal Services Division and euthanized in a humane manner at owner's expense. (H) The provisions of this section shall not apply to animals owned by a law enforcement agency and used for law 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 Amend Chapter 92— An4nal ONinarce Page 8c18 8 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 purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses. 92.29 Transportation Of Animals No person shall transport or carry any animal by motorized means unless the animal is safely enclosed within the vehicle or trailer, or enclosed in a portable kennel, crate, or dog box designed for this purpose, which is then fastened by a secure and appropriate means to the bed or the chassis of the vehicle. Dogs may be transported in open beds of pickup bucks provided they are secured in the vehicle by means of a humane cross tether and/or harness, or if the sides and back of the pickup trucks bed are at least five feet high. In all cases where animals are transported by motorized vehicles, it must be in a safe and humane manner that will prevent the animal from falling from, being thrown from, or jumping from the motorized vehicle or trailer being pulled by such. 92.30 Prohibition Of Sale Of Animals From Certain Locations Except for established animal business enterprises with permanent structures, and the Fayetteville Animal Shelter, the sale, distribution and giving away of animals from public property and from commercially and industrially zoned land is prohibited. 92.31 Dangerous Animals Restricted (A) Once a complaint has been filed with the Animal Services division against the owner or harborer of an animal and based on the behavioral observation of the animal by an Animal Services Officer, may result in finding the animal dangerous as defined in 92.01 Dangerous Animals. The animal shall be kept and confined in accordance with this section. (B) All dangerous animals shall be confined in a locked enclosure. It shall be unlawful for any person to permit a dangerous animal out of a locked enclosure unless said animal Is securely leashed with a leash no longer than 4 feet in length. Said person shall have physical control of the leash and of 18 years of age or older. When not on the property of the owner, the animal shall be muzzled. After finding said animal dangerous, the owner of said animal shag Immediately notify animal services if the animal is loose, unconfined, bites or attacks a person, has been moved to a different address or dies; whereupon the owner must provide proof of death. The dangerous animal shall not be sold or given away. (C) All dangerous animals, when kept inside a dwelling shall not be allowed access to screened only windows or doors. A secure obstacle shall be in place to prevent animal from exiting the structure. (D) The owner shall display signs stating Beware of Dangerous Animar along with a symbol for same easily seen by children. The signs displayed shall be easily seen from the public roadway. (E) Ali dangerous animals shall be sterilized and micro -chipped at the owner's expense at the time the animal has been determined to be dangerous. (F) The owner shall be notified of the ability to appeal within 10 days upon issuance of such requirements to the Animal Services Superintendent. ((3) Any owner or harborer violating the requirements of this section shall be issued a citation to court for violation of this section. 92.32 - Animals at Special Events Prohibited (A) The Chief of Police may prohibit the bringing of animals to Special Events as defined herein, if in his or her judgment their presence would constitute an unreasonable hazard to public safety or health.' (B) Service animals, recognized performing animals and police dogs shall be exempt from the provisions of this section. 92.33 Annual Hobbyist Permit (A) Levy and amount of permit. There is hereby levied and there shall be collected an annual permit fee in the amount hereinafter provided on each dog or cat owned or kept within the city for Amend Chapter 92— Animal Ordinance Page 7 of 8 the purposes of breeding, competing, or hunting. Said permit fee shall be paid to the city animal services division along with a $25 non-refundable application fee. For each unneutered male or unspayed female over six months of age the levied fee shall be in the amount of $25.00 annually. (B) Issuance of permit and tag. The city animal services division to whom the fee levied by subsection (A) above is paid shall issue a permit after the following requirements have been documented and a successful Inspection of the hobbyist's premises is complete. (1) Hobbyist permit application is filed with the animal services division stating hobbyists Intent with said dog or cat. (2) Documentation for breeding purposes testifying that said animal is registered with the AKC, UKC, CFA, or TICA as a purebred. The hobbyist holds membership within the past 12 months in a national, regional or local kennel club; provides a signed copy of the Code of Ethics for the breed club of which the hobbyist belongs; provides documentation of all necessary health clearances for breeding specific type of breed and health records for litter. (3) Documentation for competing purposes testifying that said animal has competed in at least one dog show or sporting competition sanctioned by a national or regional registry within the past 12 months. The hobbyist holds membership within the past 12 months in a national, regional or local kennel club. (4) For hunting purposes hobbyist holds a current state hunting license with the Arkansas Fish and Game Commission and the hobbyist can successfully perform obedience commands with said animal. (C) License period. A license, if not revoked, shall be valid for one year from the date of issue. A new permit shall be obtained each year by every hobbyist 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 hobbyist failing to obtain a license within such period shall be required to pay an additional fee of $10.00. (D) Revocation of Permit. A permit may be revoked if the animal services division determines that any of the following conditions exist. (1) The hobbyist has been convicted of or pleads guilty to cruelty to animals; (2) The hobbyist has failed to comply with the conditions of the permit; (3) The hobbyist has violated the provisions of this Chaptertwice in one permit year; (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. ARTICLE II 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 mayor 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 mayor or the City Council. (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 or 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 police officer, upon demand for Impounding. 92.42-92.98 Reserved 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 a the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision 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 Amend Chapter 92 —Anhrol Ortlhunce Page 8 of8 each day that the same is unlawfully continued. (B) Any person who resides in the city convicted of violating or pleads guilty to state law ACA section 5.62.101. Cruelty to Animals, may lose the privilege of owning animals within the city limits for up to one year In addition to fines. (C) 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 days violation shall constitute a separate offense. (D) 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. The Crisis of Pet Overpopulation Page 1 of 1 .�J The Crisis of Pet Overpopulation ................................................................................................................................... 000 Every day in the United States thousands upon thousands of puppies and kittens are born because of the uncontrolled breeding of pets. Add to that number the offspring of stray and abandoned companion animals, and the total becomes even more staggering. Every year, between six and eight million dogs and cats enter U.S. shelters; some three to four million of these animals are euthanized because Watch the there are not enough homes for them. ideo it ................................... Too many companion animals competing for too few good homes is the most obvious consequence of uncontrolled breeding. However, there are other equally Bill Maher on tragic problems that result from pet overpopulation: the transformation of some Spay/Neuter animal shelters into "warehouses," the acceptance of cruelty to animals as a way of life in our society, and the stress that caring shelter workers suffer when they Pets for Life are forced to euthanize one animal after another. Living creatures have become The Benefits of throwaway items to be cuddled when cute and abandoned when inconvenient. S a Meurer Such disregard for animal life pervades and erodes our culture. -P Y Abandoned and stray companion animals who survive in the streets and alleys of cities and suburbs pose a health threat to humans and other animals. Homeless companion animals get into trash containers, defecate in public areas or on private lawns, and anger citizens who have no understanding of their misery or their needs. Some of these animals scare away or prey upon wildlife —such as SPAY DAY birds —or frighten small children. The public health epidemic of dog bites —which number more than 4.5 million each year —is due in part to uncontrolled breeding of pets. Bites by so-called dangerous dogs have drawn an enormous amount of media attention, and fatalities caused by dangerous dogs are a serious concern. Often, the vicious tendencies found in some dog breeds can be attributed to irresponsible breeding without regard for temperament. Neutering can help reduce this aggressive behavior. Clearly, pet overpopulation is not just a problem for the animals or for the shelters involved. Each year communities are forced to spend millions of taxpayer dollars trying to cope with the consequences of this surplus of pets. U *S *A These public costs include services such as investigating animal cruelty, MAIN PAGE humanely capturing stray animals, and sheltering lost and homeless animals. ® E-MAIL THIS PAGE ........................................._.... _ _...._.................._.....................__....... i-ISUS Pet Overpopulation Estimates U Solving the Pet Overpopulation Problem " Stay_Dog Bite Free! " Why You Should Spay_or Neuter Your Pet POWERED BY �/ Corivic Solving the Pet Overpopulation Problem Page 1 of 2 Solving the Pet Overpopulation Problem ....................................................................................................................... I... 000 The solution can be simply stated. Its implementation, however, requires sweeping efforts from a variety of organizations and people, including you. The solution is this: Only by implementing widespread sterilization programs, only by spaying and neutering all companion animals, will we get a handle on •�r Watch. the pet overpopulation. Consider the fact that in six short years, one female dog and v it.CQ It her offspring can give birth to hundreds of puppies. And, in seven years, one cat ............................ and her young can produce hundreds of kittens. Bill -Maher -on $pay/Neuter Given these high reproductive rates, it stands to reason that, in only a few years, carefully planned and implemented sterilization programs could produce a Pets for Life dramatic reduction in the number of unwanted companion animals born. In fact, The Benefits of in those towns and cities that have implemented such programs, we've already seen the number of companion animals who had to be euthanized decline by 30 Spay/Neuter to 60 percent —even in those communities where human populations have been steadily increasing. But these programs don't create themselves. They require the planning and coordination of many people. Successful pet population control programs range from subsidized sterilization clinics to cooperative efforts involving local veterinarians to mass media educational campaigns. Only through the continued nationwide establishment of such programs will we bring an end to the tragedy of pet overpopulation. Community -Based Solutions Legislation can have the most direct impact simply by requiring that every pet adopted from a municipal or county shelter be sterilized within a certain period of time. Similarly, differential -licensing laws —laws that substantially increase license fees for pets who have not been spayed or neutered —give owners an incentive to sterilize their pets. Education, too, is an essential part of solving this problem. Unless people know the facts about pet overpopulation and sterilization, they are virtually helpless to do anything about the problem. Reduced spay/neuter fees play an important role as well. Subsidized spay/neuter clinics and programs in some communities have already helped bring down the cost of sterilization. In areas where veterinarians have agreed to reduce their spay/neuter fees, we've seen a significant decline in the number of animals euthanized. Finally, pet owners can do their part by having their companion animals spayed or neutered. This is the single most important step you can take. Have your pet sterilized so that he or she does not contribute to the pet overpopulation problem, and adopt your next pet from an animal shelter. Updated Oct. 12, 2006. ® E-MAIL THIS PAGE Adopting from an Animal Shelter Myths and.Facts_About Spaying and Neutering ® Stamping Out Pet Overpopulation HSUS Position Statement: Trap -Neuter -Return (TNR) Page 1 of 2 HSUS Position Statement: Trap -Neuter -Return (TNR) ................................................................................................................................... 000 The Humane Society of the United States believes that feral cat overpopulation is a community -generated problem and that every community has a responsibility to work toward a solution. The HSUS is concerned about feral cat populations, the welfare of individual cats, and the welfare of wild animals. Feral cats are unsocialized cats who may be one or more generations removed from a home environment and may live in a group, or colony, of similar cats. These cats and their offspring are victims of abandonment, accidental loss, and failure by owners to sterilize their pets. The HSUS advocates community -based Trap -Neuter -Return programs with on- going responsible management as the most viable, long-term approach available at this time to reduce feral cat populations. Responsible management of existing feral cat colonies should include: humane trapping, sterilization, rabies vaccination, and treatment for illness or injury; removal of kittens and friendly adults for possible placement in homes; euthanasia of animals whose suffering cannot be alleviated; ear -tipping and returning ferals to the same location where they were trapped provided they would not face imminent risks; and providing lifelong care consisting of adequate food, water, and shelter as well as regular monitoring of the colony for sickness, injury, and the arrival of new animals. The goal of any feral cat management program should be to maximize quality of life for the cats and to eliminate the existing colony over time through attrition. For a TNR program to be successful, cooperation among many members of the community is essential. No one person or agency should be expected to devote all the resources needed or shoulder the responsibility alone. Instead, organizations and individuals can offer their services to achieve a comprehensive goal, while still working within the scope of their mission and capability. A single program, such as subsidized sterilization, is an excellent step forward, but cannot effect change without other supportive pieces in place, such as public education and outreach, adoption resources, dedicated colony caretakers, and cooperation among the various interest groups. A working coalition, in which each member respects the others' contributions and limitations, and where there is productive and open communication, is a formula for success. While The HSUS strongly recommends that each community works toward the goal of non- lethal management, we realize that euthanasia may be considered as an interim solution where TNR cannot be implemented. Inherent in all decisions about whether to maintain a particular colony is the potential negative impact on local wildlife. The HSUS values the lives of individual wild animals, no matter their species status. The goal of any TNR program should be to lessen the impact on wildlife by reducing the number of feral cats and eventually eliminating their presence from the environment. The location of colonies is an extremely important issue, and reinforces the need for a community -based approach to ensure that colonies are managed so that impacts on wildlife are minimized. The HSUS recognizes that there are real challenges to reducing the numbers of feral cats currently living on the streets of this country, and this statement is meant to encourage all members of the community —citizens, veterinarians, animal shelters, wildlife advocates, policy makers, public health departments, businesses —to work together towards a goal of non -lethal approaches to feral cat management. Download The HSUS Position Statement: Trap -Neuter -Return �rau Get Adobe .Acrobat Reader Unchain Your Dog.org I Install a Dog Trolley, Dog Run, Dog Cable Page 1 of 4 UflCai11 Doesn't Man's Best Friend Deserve More than Life on a Chain? YOUrPhotos Facts Cruelty Dog Care Laws News Links You Can,. Installing a Trolley System Help! Easiest Method I Real Cases I How to Sink a Post Please consider building a fence or bringing your dog inside instead of putting your do£ Get Handouts want to be able to run free. Would you want to be attached to a chain for your whole lift dog! A trolley/dog run is still a chain. Dogs can and do hang themselves on trolleys, jus 21 Ways to Help chains. Learn the Facts A one-time investment in a fence will improve your property value and improve your do Talk to Owners Learn more about fence building, and read a story about how we fixed a fence to uncht dog is a fence jumper, there are alternatives (see number 7) other than a trolley or chai Build Fences rest of this site to learn about ways to improve an outside dog's life. Build Trolleys However a trolley/dog run is better than a fixed chain, because it does give a dog more Installing a trolley system is easy. A trolley system is like a clothesline that the dog is al Adopt a bog The leash is attached to the line by a rolling trolley. The dog can run back and forth the Educate Kids You can buy dog runs from Petsmart, Walmart and other pet and discount stores. They instructions. You can also buy the individual parts to a trolley (line, trolley, hooks for the Find Homes improvement stores such as Home Depot or Lowe's. Ask a worker to show you what yo trolley. Watch Celebrity PSAs Watch I Download PowerPoint ___ _ __ _. _ ___. _.-.-#_..- _„ Donate Money We have found that the brand of trolley that works best is the Skyline Aerial Dog Run. This trolley's attachments are made of metal rather than plastic, so they are stronger and less likely to break. You can attach a stronger downline (leash) to the trolley for strong dogs. You can replace the downline in the package with the Beast Tie -Out. The Easiest Method The easiest way to attach a trolley is to run it between two trees. It will only take you a I trolley between the trees. If you don't have two trees, you can easily sink posts into the trolley between the posts. Or you can use a tree and one post. Important! Make sure to put the trolley system in a place where the dog won't get entangled I able to jump a fence. If there is a fence in place, and the dog jumps over on his Ie; hung. The trolley kit should include stoppers that you can put anywhere on the line to stop th if you want the dog to stop four feet from one end of the line, you can put a stopper at f' the line. The trolley won't be able to get past the stopper. PetSmart - Skyline Aerial Trolley by Roccorp Page 1 of 2 Sian in I Checkout Find a store. * MART [HACKER £41 E ■ ISAFEV'. T6RD 29 -NN Search PetSmart: All H for J fl DOG Email Sign Up: CAT BIRD jcnteryouromafl Go O WILD BIRD FISH My Account► Gift Cards REPTILE SMALL PET HORSE 7 PET CARE ► CuromerService► PetSmmServices► StoreLocator► It's back! FREE shipping on orders of $50 or more. Offer details Shop within Dog: Shopping path: Home > DoQ > Tie -Outs Shop by category: Dog Auto Travel Beds Books & Media Cages & Crates Carriers Clean Up Clothes Collars, Leads & Tags Electronic Training Feeders & Bowls Flea & Tick Food Center Gates & Doors Gifts Grooming Health Care Houses & Kennels New Puppy Center Pet Signs Ramps & Steps Rawhide & Bones Tie -Outs Toys Training Aids Treats & Biscuits Clearance Free Shipping Shop New Arrivals Top Rated Products Top Sellers Valentine's Day Narrow results by: Brand Aspen Lil Paw Prestige Priestige Top Paw More... Color black Product Type 4previous Return to Results next #6 of 20 Skyline Aerial Trolley by Roccorp Item: 302582 I. - I..'. 1 'r, Product Description: A complete aerial trolley kit that includes a 10 ft. downline. more details * required field step 1: *1 qty. Your price: $ 30.99 Add to Wish List Q view detailed image 100% of customers Overall Rating ***** 5 said they would recommend this Performance ***** 5 product to a friend. Appearance ***** 5 _ - Rate this product Quality ***** S (login required) Read Reviews You might also like these related products. All products are covered by our PetSmart Guarantee and can be returned at your local PetSmart Store. Description Product Reviews Shipping Info A complete aerial trolley kit that includes a 10 ft. downline. The downline is replaceable with a larger tie -out for bigger dogs. Pulleys are die-cast for long life. Slobber /�� T� Stopper Dog sb , y PetSport from $5.99 Slobber Stopper handles make these toys great for interactive games of fetch and tug-of-war ',,I.r .1.... Unchain Your Dog.org I Building Fence to Contain Dog, Mesh Fencing, Chain Link Fencing Page 1 of 2 uflChai11 Doesn't Man's Best Friend Deserve More than Life on a Chain? cn Photos Facts Cruelty Dog Care Laws News Links I You Can . Building Fences Help. All fence building follows the same basic steps: 1. Determine the fence's boundaries Get Handouts 2. Set the posts into the ground. Think of posts as the framework of the fence. 21 Ways to Help 3. Attach fencing to the posts. Learn the Facts 4. Install a gate. Talk to Owners Mesh Fencing Build Fences The simplest and cheapest type of fence is a mesh fence. T -posts or wooden posts are Build Trolleys and mesh fencing is attached to the posts. This type of fence is not as sturdy. as chain I many dogs contained. Learn more about mesh fencing. Adopt a Dog You can also extend the height of your existing fence with mesh fencing. Educate Kids Find Homes Chain Link Watch Celebrity PSAs Chain link is very strong and durable, and looks nice when installed. Chain link materia Watch I Download PowerPoint than a T -post fence, but it is still cheaper to install yourself than to hire someone to do i Donate Money The following sites have step-by-step instructions for building a chain link fence: • Hoover Fence Company • Do It YourselfOr Not • Tractor Supply Company Don't be intimidated by the long lists of instructions on the websites. Yes, building a ch: time and work. But the average person can build chain link on their own. Our site also t on chain link fencing. Look around your neighborhood at fences for ideas about the different fencing options Looking at other people's fences might also give you ideas about construction and cont PetSmart - Deluxe Bark Collar by Petsafe Page 1 of 2 Sign in ./' O tr' 4atr PETSMARTO rt Search PetSmart: Enteryaurenail i caio All (jfor barking g It's back! FREE shipping on orders of $50 or more. Offer details Shop within PetSmart: Shopping path: Home Refinement: - barking (remove) Shop by category: Home Electronic Tralning T_rining Aids Er_ee_ShJpping_Sh op. Top_Sell_ers Narrow results by: Brand Innotek Petsafe Psemier_P_et.Pr_oducts Svre .top United_Security. Products Product Type Collars Non-Stimu1us Rep_la termer t_8__atteries Re p la ce m e n_t _Collars Style Training Price Under $25 $26_to_$50 $51to_$1Q0. Other ways to shop Top_Sel ler Free_Shipping 11prev ous Return to Results next O #6 of 14 Deluxe Bark Collar by Petsafe Item: 360058 Product Description: A simple way to safely train your dog. ' more_details Q view detailed image * required field step 1: *'; qty. Your price: $ 64.99 6___ Add-tc 100% of cu: saidwg Overall Rating ***** 4 recommend they ommendd Effectiveness *****- 4 product to a Quality ***** 4 Rate this_ (login rei Read_R,E All products are covered by our PetSmart_Guaran can be returned at your local PetSmart Store. Description Product Reviews Shipping Info With 18 correction levels, the Deluxe bark collar uses a combination of sounds and vibrati effectively train your dog. Automatic shut-off if dog barks more than 15 times. Includes a battery and training video. Lifetime guarantee. http://www.petsmart.com/global/productdetail.j sp?PRODUCT%3 C%3 Eprd_id=84552444... 2/2/2007 PetSmart - Citronella Bark Dog Collars by Premier Pet Products Page 1 of 2 Sign in Q PET 'SMART i as store, Search PetSmart: All for lbarking Email Sign Up: Enteryauremail_ ! ____ It's back) FREE shipping on orders of $50 or more. Offer details Shop within PetSmart: Shopping path: Home Refinement: - barking (remove), Shop by category: Home Electronic Training Ir&inings ree_Shipping_Shop Top_Sellers Narrow results by: Brand Innotek Petsafe Premier_Pet31oducts Sure -Stop_ United Security Products Product Type Collars Non -Stimulus Replacement Batteries. Replacement_Collars Style Training Price Under $25. $26to_$50 $51 to_$10Q Other ways to shop Top_Seller Free_Shipping A carLI Return to Results next #1 of 14 Citronella Bark Dog Collars by Premier Pet Products Item: 301789 Product Description: Ships free! A new dog collar with a twist in bark cc dogs. Safe and effective. Emits a harmless citrus sr barking. more details * required field step 1: *____.I qty. Your price: $ 89.99 vim. Add tc 100% of cu: said they wt recommend Overall Rating I*****I4.7 product to a Rate this_ (login re' Rea0_RE Accessories for this product. You might also like these related_products. All products are covered by our PetS_ma.rt Guarantee ai returned at your local PetSmart_Store. Description Product Reviews Shipping Info The safe and humane way to deter excessive barking. This unique dog collar is equipped t battery -operated, electronic bark -sensing unit. The adjustable collar releases an all-natur citronella spray when your dog barks. The harmless citrus smell and quick action of the sl startles and confuses the pet's highly developed olfactory sense, causing him to stop bark Unit Includes spray control receiver and collar, citronella spray refill (additional refills sold separately), battery, and operations manual. Manufacturer provides a lifetime warranty. http://www.petsmart.com/global/product detail. j sp?PRODUCT%3C%3 Eprd_id=84552444... 2/2/2007 We,lhe undersigned, are opposed to the proposed animal control ordinance because: •Increased license fees will increase non-compliance, abandonment, stray population and: euthanasia rate, •The problem ofdog bites Should be addressed by laws specifically targeting owners of biting dogs, not by general tiara ev>♦' & puni4hmennt of all animal owner'; •Ordinances that provide owners with ordinances to penalize. •Exi9hng confinement requirements $ licensing fees for cats 5hould be repealed. Repeal of cat confinernenrordinance would allow volurrf eer t implem trap -neuter -return of c*1 provento lethe only efFective mear>5 of municipal.feline opulation covrtrol, positive incentives should k put into place Are NAME ADDRE55 PNonE E-MAIL l -� l -' a I��.J,�I�� � :l� I / r / ii • • I•����� � � III reranni COA I /'! YCit Y11N '"1>G j2 ,LSrdevf v i-'wjtlf �11La . n4 ,�_pc Z' or Alder-fr 51.74. 7h,1s p4-h*t p-ibt he y,&Qted up Dn Airs' 2 . %hoe/c low( We, the undersigned, oppose the proposed Fayetteville animal ordinance because: The proposed animal ordinance raises licensing, impound & peSty fees & arec* cats, a5 well a5 dogs. High licensing, impound fees & penalties discourage people fibm hdping anima15,1hey cause people to: • Avoid seeking helpfrom animal 5ervice5 when trying to locate a lost pet, • fail to redeem their pets if they become impounded. •5fnp providing homeless animals with food & shelter 'Reduce,+he amount ofvet (inary care provided to theiranimals. •spay & neuter fiver animals. • 5acrCfice or alendon animakforwhom they can no Iony acrd to provide good care. All ofthi .leads to reduced quality of life for anirrel5, more homele% animas & costs tine facpeyer5 more money to publicize & er>&ce the law & euthanize (kill) the unwanted animals. Compliance foranimal licensing (both cats & dogs) in Fayetteville, i5, currently, e5fimated to be only 310 4%. Judging from the number of tame, friendly,free-roaming cats, compliance with confinement of cats i5 even le% than that, Non Compliance means animal owners DO NOT WANTthi5 type of law! There are aiematives the city could implement to help animals, provide incentives to reduce the number of home(e* animals, & support people who provide cafe to both domestic & feral animals. We request *iatthe proposed ordinance be sent back into committee f r revision, including real of the ordinance requiring cats to be strictly confined to indoors or outdoor enclosures. NAME ADDRE55 PHONE E-MAIL L Cont�rP g o t Tot 'esl ill o cf �� 1 f°I 5? el 'r r° u rs L . Lc:C qty / /(� y��� �LJ( j '// / y� 1 u. S c N C&fl o��ga _ 3 3o r n4 —on — J4tjts I gg l w 5-f-9')3 " 92 Wer the undersigned, oppose the proposed Fayetteville animal ordinance because : The tnoposed animal ordinance raises licensing, impound A pevatty f e5 & tb cats, as well a5 dogs, High licensing, impound fees & penalties discourage people fiam helping anin*.ihey cause POople to: • Avoid seeking help from anirr�l Services when trying iD locate a lost pet, • fail to redeem their pets ;fthey become impounded . •9tbp pwding homeless animals with food & shdter. • Reduc;6 *o amount oFvetennary care provided to their animals. •spay & neuter fiver anima15. • 5acrifice or abandon animalsforwhom they can no longer afford to providegood care. All of this leads td reduced quality of life for anirral5, more homeless animals & costs the talcPeyer5 more money to publicize & er erne the law & eufhaniie (kill) the unvented anima.. Complianceforanimal licensing (both cat & dog5) in Fayetteville, is, currentlL estimated to be only St 4%, Judging from the number of tame, fiendly, :Prot -roaming cat,, compliance with confirrernent of cats i5 even less than that, Non Compliance means animal owners DO NOT WANTthi5. type of law! There are alternatives the city could implement to help anima., provide incentives to reduce the number of homed animals, & support people who provide care to both domestic & feral animals. We request that -the proposed ordinance be sent back into committee for revision, including r peal of the ordinance requiring cats to be strictly confined to indoors or outdoor enclosures, NAME ADDRE55 PHONE E-MAIL L) t- 3 CrooS C-cajc PcI `f? 7Ya-2P7 r% 79 1(05 /� 4e% ( J04us j/ /'n4e,2 wodo/ We1ihe undersigned, are opposed to the proposed animal control ordinance because; •Increased license fees will increase now-compliavice, abandonment, stray populatiow avid: euthanasia rate, 'The Problem afdog bites Should be addressed by laws Specifically 4argeting owners of biting dogs, not by general hara%meyd & punishvnent of all awiwtal owners, • Ordinances that provide owner with positive incentives should be put into place before ordinances to penal i '. 'gxi5ting confinement requirement5 & licensing fees for cats should be repealed, Kepeal of cat wrfmomenr ordinance would allow volurrfeerfo imPlemeniirap neuter -sebum of cats, provento be he only effective means oFmunicipal.feline population control, NAME APPRE55 PHONE E-MAIL P"et"s st*,N ay AMIL 3".0 !!! We, the undersigned, oppose the proposed fayetteville animal ordinance because The proposed animal ordinance raises licensing, impound A penalty fees & of cf5 cats, a5 well 35 dogs, High (kerning, impound fe5 & penaltie5 discourage people fiam helping animal5,1key cause people to : • Avoid seeking help from anirrnl 5erYice5 when •prying td locate a lost pit, • fit to redeem their pets if they become impounded. •slop provding homeless animals with food & shelter. eReduce+S amount of veterinary care provided to theiranirnak. 'spay & neuterver animas. • 5acrifce or a%indon animalforwhom they can no longer afford to provide good care. All ofthi5, leads to reduced quality of life for animal5,' more homel* anirrol5 & costs the taxpayers more money to publicize & enforce the law & euthanize (kitl)tfeunwanted animals Compliance,foranimal licensing (both at & dog5) in Fayetteville, is, currently, estimated to be only 3t 4%.Judging from the number of tame, friendly,free-roaming rats, compliance with confinement of cats i5 even Jess than that, Non Compliance means animal owner+; DO NOT WANTthi5 type of law! there are altemative5 the city could implement to help animals, provide incentives to reduce the number of homeless animals, & support people who provide care to both domestic & feral animal5t We request that the proposed ordinance be sent back into committee for revision, including real of the ordinance requiring cats to be strictly confined to mdoor5 or outdoor enclosures. (NAME ADDRE55 PHONE E-MAIL C7 s t�2 can (O 92144c _ We,the undersigned, are opposed to the proposed animal control ordinance .because: • Increased license fees will increase non-compliance, abandonment, stray populafiion and euthanasia rate. •The problem ofdog bites should kaddressed by laws specifically targeting owners of bifing dogs, not. by general haracmev* & punishw►ent of all avumal owners, Ordinance s that provide owner r with positive incentives should be put into dace before ordinances to penalize-. •tixi9ting confinement requiremer 5 & licensing fees for c315 should be repealed, Kepeal c cat corrfinernenrordinance would allow volunteer5t implement prep neuter--retum of cats, proven to be the only efffective mean* of municipal.fe(ine population cony rol, NAME ADDRESS VW&c C_nAeli ,r/vl0r. .J' � u Sc —SSfl �Gic`rtrJ/J�%CQ �3vLP.M ) Aer 7-s1 12�1� MMc ��1V1l�ULi! 4� j✓1+• 'c l�Ib� h1 /'3r_f `71 1 7`t'_+ t 4 _ !-.l_v ' ail t� In V!'t �.t�rP, 1 9T5 Sit __________ mil___ tie's: _72-Z1et._u�4 .6163 We,ihe undersigned, are opposed to the proposed animal control ordinance because; •Increased license fees will increase non-compliance, abandonment, stray populatiovi avid: euthanasia rate. •The problem ofdog bite% Should beaddre%ed by laws 5peci{ically targeting owners of biTivlg dogs, not by general harac nier Sc punishv ent of all animal ownes, • Ordinances that provide owners with positive incentives should be put into place before ordinances to penalize. •tixi5ting confinement requiremer 5 & licensing fees. for cats should be repealed, Repeal of cat confinen,enrordinance would allow voIurrteert implemeni'irap-neuter-return of cats, provento bethe only efFcchve means oFmunicipal.feline population control, NAME APPRE55 PHONE E-MAIL �7 3vL�1 iA.) APB 1A AAAC.' �vALwtc v1 4 fi '1 '1 C�l�vla '/ 1 �%i V ; - JW✓� 'i - W c- (Q uilo' 4 lv'oire t$ , Z'1�1 r > n t 2571- lOgg J A670e .L7 " f We, -the undersigned, are opposed to the proposed animal control ordinance because: • Increased license fees will increase non-compliance, abandonment, stray population and: euthanasia rate, •The problem oFdog bites should beaddre%ed by laws specifitally 4argeting owners of biting dogs, not by general htara nievrh & puni5hrwent of all aniw,al owners; • OrdinancesIhaf provide owners with positive incentives should bo put into place before ordinances to penalize. •Existing confinement require►ment5 & licensing fees for cats shoulOe repealed, Repeal of cat confnement ordinance would allow volunteer5lo impleme'trap-neuter- mtum of cats, proven to bethe only effective mear>5 of municipal feline population control, NAME APPRE55 PHONE E -NAIL ,. 71 L 2 ro c4tyu o c( 4rL 6 t&SL 2alo �� Pr( Fns SZ /-6 Y __ �f M a4 cm ______________ of ✓ 'F'Y .1z7 %ot 204 9V3'3Y P _____________________ t1kA4 &w 4%/7 B Eol -SE;4 o1L4L9 i ferl� w y a - 97 _________ i G� �% �/ tI 87Ie _____ _________ tflQ1 (�i '11 G1 Sl l'ft11n /tw �' li'oc7L .l<`c� rM ,T; 116th' 0T nivu 1z7°3 pd a Y S /i 8i'uwy L-oo jWN h! tom, a (,7c) We, fheundersigned, oppose -the proposed Fayeltevilieanimal ordinance because: The proposed animal ordinance raises lioeming, impound A pevalty foes & a t5 cats, as well a5 dog5. High licensing, impound fees & penalties discourage p°oplefiom hdpiv anima6.-They cause people to: • Avoid Seeking help fmm anirrel services when crying to locate a lost pet, • fail to redeem their pet5• ifthey become impounded. •%top pRNiding homeless animals with fund & shelter. 'Reduce the amount of veterinary care provided to theiranirrak. •spay & neuter -aver animals. • sacrifice or tendon animals for whom they can no lo►�ger afford to provide good care. All of fhi5 leads fi reduced quality of life fa anirr&, more homele� anima6 & costs tk fwpayers more money to publicize & erfbrre the law & euthanize (kill) the unwanted animals, Complianceforanimal licensing (both cats & dog5) in Fayetteville, is, currently, estimated lobe only 310 4%. Judging from tht number of tame, friendly, Froe-roaming cats, compliance with confinement of cats is even less than that, Non Compliance means animal owners DO NOT WANT this type of law! There are altematives the city could implement to help animak, provide incentives to reduce the number of homele* animals, & support people who provide care to both domestic Si feral animals, We request thatthe proposed ordinance be sent back into committee for revision, including reMl of the ordinance requiring cats to be strictly confined to mdoor5 or outdoor enclosures. NAME APPRE55 PHONE E-MAIL 1 Z nkmt 2 O4Pa44 AI0 IOU tl•CeiereN itt L_ CG Cio5cIxNst PUaCu Wertheundersigned, oppo5ethe proposed FayetteviIleanimal ordinance because: The proposed animal ordinance raises licensing, impound A penalty fees & ate cats, a5 wells dogs. High licenring, impound fees & penatfie5 discourage people from hdp'ng animal5,lhey cause people to: • Avoid seeking helpfibm animal 5ervice5 when frying id locate a lost pet, • fall to ►deem their pei5 if they become impounded . •%p providing homeless animals with foal & shelter. •Reduce the amount of veterinary care provided fo their anirrek. spay & neuterfower animals. • $acrffice or abandon animalsforwhom they can no longer a&rd to providegood care. All of fhi5 leads to reduced quality of life for anirml5, more hormle% anirnal5 & costs the facpayer5 more monei to publicize & et&e the law & euthanize 6A) the unwanted animak, Compliance foranimal licensing (both cats & dog5) in Fayetteville, i5, currently, estimated to be only 310 4%. Judging from the number of tame, friendly, free -roaming cats, compliance with confinement of cats 15 even le% than that. Non Compliance means animal owners DO NOT WANTthi5 type of law! -(here are altemafive5 the city could implement to help animak, provide incentives to reduce the number of homed animals, & support people who provide care to both domestic & feral animals. We request thatthe proposed ordinance be sent back into committee for revision, including repeal of -the ordinance requiring cats to be strictly confined to mdoor5 or outdoor enclosures, NAME ADDRE55 PHONE E-MAIL ____________/Y/5 S.Schiao/ fl4'* (s4///oj/Jw�2/k� 299-2/4 64(43 ____ 1i S Sv2-�tle G rJt1 iJ?SI y - J *! p We, the undersigned, oppose the prvp0ca3 Fayetteville animal ordinance because : The Proposed animal ordinance raise5 licensing, impound A penalty fees & t15 cats, a5 well as dogs, High Iiceming, impound foes & penalties discourage people fiam helping animals,1heY cause people to: • Avoid seeking helpfrom anirre 5ervice5 when frying lb locate a lost pet, •filto redeem their pets ifthey becorre impounded. •%%p providing homeless animals with food & 5helte:r • Reduce the amount of veterinary care Provided to their Sinb. •Spey & neuter€wer anirrral5. • % rifice or abandon anirnekforwhom they can no IovuJer a({ord to provide good care. All of this leads to reduced quality of life for anim315, more homeless animals & costs the to payers more money to publicize & erbrce the law euthanize (kill) the unwanted animal,. Compliance for animal licensing (both cats & dogs) in Fayetteville, is, currently estimated to be only 31a 4%. Judging from the number of tame, friendly, flee roaming cat,, compliance with confinement of cats i5 even less than that, Non Compliance means animal owner DO NOT WANT this type of law! There are altematives the city could implement to help animak, provide incentives to reduce the number of homeless animals, & support people who provide care io both domestic & -Feral animals. We tquest thatthe proposed ordinance be sent back into committee -for revision, including repeal of -the ordinance requiring cats to be strictly confined to indoors or outdoor enclo5ure5. NAME AWRE55 PHONE E-MAIL r2 R 1 1ol ZS� xtvr q S� h c 3 %3 12 f/ /�_ 2 e ___ 313 ' 3S�- /✓ �„ n7Q ' 3 L t /S / -.&37-«7 ic C- ��Jncjia 539 ;(R 7z v gaol DT7 tJIA _N) l31L(�LACE 353E3jcEUtJiT c 5iJ-o.a17 P c C. 32 \2, e� GG N3 t, vit1zt .72 0l 7fi3 t vJNVc I V o &-C- � . �e �Qos� �• tea- t og-�S(Q7 ( `— L con \ P N 332 -f \2-' V LO V IQ • u • ^,c S• •• •1�•.��..• i •�•r�1(t •mot_Ti •P w•_.••• • •• I•IR � t- - '� •t•1 v. -) i 111. •\ I ; • ♦ ♦ Y i '�) • •� \ • •• • Y r I � .I i. • •♦ r•7+ —I •.r .:•I. is • f •. ,f i• • 1 r^••. 1/• • •rp _ We! the undersigned, oppose the proposal Fayetteville animal ordinance because: The proposed animal ordinance raises licensing, impound A pevalty fees & a cats, as well as dogs, High licensing, impound fees & penalties discourage people from hdping anirnals,lhey cause people to: • Avoid seeking help from animal services when trying to locate a lost pet, • fail to redeem their pets ifthey become impounded , •stop pwiding homeless animals with food & shelter. •Reduce fhe amount ofveterinary care providaito theiranirrak. •spay & neuterfevver animals. • 5acrifice or abandon animals fur whom they can no longer aford to provide good care. All ofthII leads to raiuced quality of life for animals, more homeless animals & costs thefaxcyers more money to publicize & ey�ce the law & eufhanize (kill) tte unwanted animals. Complianceforanimal licensing (both cats & dog5) in Fayetteville, i5, currently, estimated fi be only 31o4%. Judging from the number of tame, friendly, € -roaming cats, compliance with confinement of cats i5 even less than that, Non Compliance means animal owners DO NOT WANTthi5 type of law! There are alternatives the city could implement to help animal5, provide incentives to reduce the number of homelec animals, & support people who provide care to both domestic & feral animals. We request thatihe proposed ordinance be sent back into committee for revision, including repeal of the ordinance requiring cats, to be strictly confined to indoors or outdoor enclosures. NAME ADDRE55 PHONE E-MAIL // !a Gys s. sc4.o / t"9 -s 2 K cn Ro h i h 5 i_ 5, We 5E Ave zS i- 90 Z Z n . We c. 44a- 1 7 D S u A4 r7d cu et o S� /� elm el Y3 - 2 FSs', SI ���� _ Sr (,'s X64 7c(S (a0l f/7, 5-(oa'53 We,Jhe undersigned1 are opposed to the proposed animal control ordinance because: •Increased licensefee5 will increase now -compliance, abandonment, stray populatiovand. euthanasia rate, 'the problem ofdog bites should be addressed by laws specifically karget►ng owners of biting dogs, not by general haras�r►�evrf & puni5hv ent of all awin at owners; • Ordinances that provide owners with positive incentives Should be put into place before ordinances to penalize'. •tixiyting confinement requiremerrt5 & licensing fees forcat5 Should be repealed, epeal of cat eonfinernenrordinance would allow volurrfeer -to implement -trap -neuter -return of cats, provento bethe only elective means of rnunicipal.fe(ine popu(arion control, NAME APPRE55 PHONE E-MAIL q raqa® Car, L(. �'1 ^s'�r-93D `� c,li.ai ouw4 c5 C /5L7j h/"� 7a s/a� h, aj�^y4 ________________________________15c�I �— U 1? j7 I• 210, /(/ r % ' �Oll l � ___ cal a l��ca W 61o.. f 479—SamZIot 57//3 fl'/ufttvi!(t N/ cal o Wo 303, E o it v).TZ7S_25H7405 ho We, he undersigned, oppose the proposal Fayetteville animal ordinance because; The proposed animal ordinance raises licensing, impound & penalty f e5 & a ct5 cats, a5 well ay dogs, High Iicensing, impound %5 & penalties discourage people -fibm hdping animals, They cause Eeople to: • Avoid Seeking help from animal 5ervice5 when 'hying to locate a lost pet, • fail to redeem their pets ifthey becorne impounded . •flop providing homeless animals with food & shdter. • Reduce ++he amount of veterinary care provided to their animals. •5pey & neuter fiver animals- • Sacrifice or abandon aninsk for whom they can no lorxer (aid to provide good care. All offhi5 leads to reduced quality of life for animals, more homelex anirnal5 Sc costs thefaxpayer5 more money to publicize & en&re the law & euthanize (kill) the unwanted animals, Compliance-foranimal licensing (both cats & dogs) in Fayetteville, i5, currenNk estimated to be only St 4%, Judging from the number of tame, friendly,free-roaming cats, compliance with confinement of cats is even less than That, Non Compliance means animal owners DO NOT WANT this type of saw! There are aitemative5 the city could implement to help animak, provide incentives to reduce the number of homed animals, & support people who provide care to both domestic & -Feel animals, We request that -the proposed ordinance be sent back into committee -for revision, including repeal of the ordinance requiring cats to be strictly confined to indoors or outdoor enclosures. NAME ADDRE55 PHONE E-MAIL ll F s 2ct, S . SI.00 F S`Z 3181 So ur /U ti. C3o s,ws 2 CenftrwooJ S� S�fov We, the undersigned, oppose the proposed Fayetteville animal ordinance because: The proposed animal ordinance raises licensing, impound & penalty fee5 & afeecF cats, as wells dogs, High licensing, impound fees & penalties discourage people fiam hdpir anima., They cause (opleto: •Avoid Seeking hdpfrom animal services when trying to locate a lost pet, • fail to redeem their pei5 if they become impounded. 5fop providing homeless animals with food & 5hdter. • Reduce The amount &veterinary care provided to their anima.. •5pey & neuteriwer animals. • 5acrifice or abandon animalsforwhom they can no longer afford to provide good care. All ofthis leads to reduced quality of life for anirral5, more horrele5'animals Sc costs tine fw yens more monet to publicize & er6rce the law & euthanize (kill) the un ented animals, Compliance for animal licensing (both cats & dog5) in Fayetteville, is, currently estimated to be only 310 4%. Judging from the number of tame, friendly, free -roaming cat,, compliance with confinement of cats is even less than that, Non Compliance means animal owners DO NOT WANTthi5 type of law There are altemafives the city could implement to help- anima., provide incentives to reduce the number of homele% animals, & support people who provide care to both domestic & feral animals. We inquest thatthe proposed ordinance be sent back into committee for revision, including repeal of the ordinance requiring cats to be strictly confuted to indoors or outdoorenclosure5. NAME ADDRE55 PHONE E-MAII - a_ a_ /,.ice A We, theundersigned, opposefihe proposed Fayetteville animal ordinance because; The proposed animal ordinance raises licensing, impound a penalty fees & abuts cats, as well a5 dogs, High Iiceming, impound fees & penalties discourage people from helping aril=0hey cause people to: • Avoid seeking help from animal services when trying io locate a W pet, • fail to Seem their pets if they become impounded. •stop providing homeless animals with food & shelter •Reduce the amount £veterinary care provided to their anirrak. •spay & neuter fewer animals. • sacrifice or abandon animals for whom they can no longer afford to provide good care. All of this leads to reduced quality of life for animals, more homelex animals & cod the fwpayers more moneq to publicize & erirce the law & eufhanize (kill) the unwanted animals. Complianceforanimal licensing (both tats & dogs) in Fayetteville, is, currentlt estimated to be only 310 4%. Judging from the number of tame, friendly, free -roaming cats, compliance with confinement of cats is even S than that, Non Compliance means animal owners DO NOT WANTthi5 type of law! -(here are altematives the city could implement to help animak, provide incentives to reduce the number of homeless animals, & support people who provide care to both domestic & feel animals. We request thatthe proposed ordinance be sent back into committee & revision, including repeal of lit ordinance requiring cats to be strictly confined to indoors or outdoor enclosures, NAME APORE55 PHONE E-MAIL / wan In We,-theundersigned, are opposed to the proposed animal control ordinance because: • Increased license fees will increase nova -compliance, abandonment, stray populations and euthanasia rate. The problem ofdog bite% should by addre%ed by laws specifiically targeting owners of biting dogs, not by general hara%mevrr & punishwient of all aoirat owners, • Ordinances that provide owners with.positive incentives should be put into place before ordinances to penalize'. •t=xi5ting confinement requiremenfi5 & licensing feet for cats should be repealed, Kepeal of catcor>finementordinance would allow volurteerst implevneni trap neuter return of cats, proven to befit only effective means of municipal.feline population control, NAME APPRE55 PHONE E-MAIL c sew 5'' l 7 -soz- /vssTh4 F____ SM LtL CilW Cr , LJ t' /ko(7 I rro rJ /2-97 &' fO I S v ujo S.J� '\ g 40%_LewkA-ye.*c3 _______ 4-i93 433 IS52a Lc& rid __________ N Ik pm £bi\ck_kc&t ________________>s N u14Ake_CY/(ff/4?PJZ _________ ____________ lc ELF 4 We,theundersigned,opposethe propoS Fayettevilleanimal ordinance because: The proposed animal ordinance raises licensing, impound A pev»Ity foes & afect5 cats, a5 well a5 dogs, High liceming, impound fees & penalties discourage people -Kam helping animak,1hey cause people to: • Avoid Seeking help from animal services when trying fo locate a lost pet, • Fail to redeem their pets if they become impounded . •%p providing homeless animals with food & shelter. •ReduceWhe amount of veterinary care Provided to their anirnak. •spay & neuter Power animals. • 5acrifice or abandon animakforwhom they can no longer afford to provide good care. All offhis leads to reduced quality of life for animals, more homeless animals & Costs tine tatrcyers more money to publicize & er&te the (aw & euthaniie (kitl) the unwanted animak, Compliance foranimal licensing (both tats & dogs) in Fayetteville, is, currently, estimated to be only 310 4%. Judging fmm the number of tame, friendly, free -roaming cats, comf Hance. with confinement of cats i5 even less than that. Non Compliance means animal owners DO NOT WANT this ice? aw ! There are altemative5 the city could implement to help animak, provide incentives fb r` umber of homeks anirrals, & support people who provide calt to both domeh#rc & feral animals. We request thatthe proposed ordinarxe be sent back into committee for revision, including repeal of the ordinance requiring cats io be strictly confined to indoors or outdoor enclosures. NAME ADDRE 5 PHONE E-MAIL Jt A4iai4i 25? 22VJS ( q 42 —6 1O19- jaekrva�ccCbo�,nfl.z„, I. We1theundersigned, oppose The propomicf " illy �iImal Ordinance b�eeause : The proposed animal ordinance raises licensing, impo'u�i petf'�c� cats, as well a5 dogs, High liceming, impound fees & penalties discourage people fibm helping animal,,1hey cause people to: • Avoid seeking help from anima( services when flying ID locate a lost Fet, • fail to Seem their pets if they become impounded . •Slop providing homeless animals with food & shelter. •Reduce the amount of veterinary care provided to theiranimak. •5pey & neuterf�weranimals. • 5acrifice or atenden animals for whom they can no longer alord to provide good care. All of this leads to reduced quality of life fa animals, more homeless anirnals & costs tine taxpayers more money to publicize & crate the law & eufhanize (kill) the unwanted animals. Complianceforanimal licensing (both cats & dogs) in Fayetteville, is, currently esfimaS lobe only St 4%, Judging From the number of tame, friendly, free -roaming cat,, compliance with confinement of cats is even less than that, Non Compliance means animal owners DO NOT WANTthi5 type of law! There are altemafives the city could implement to help animals, provide incentives to reduce the number of homek% animals, & support people who provide ca' e to both domestic & feral animals. We taque5t thatthe proposed ordinance be sent back into committee for revision, including repeal of the ordinance requiring cats to be strictly confined to indoors or outdoor enclosures. NAME ADDQDR,E55 ! PHONE E-MAIL t 90 A..S a 5ZI—w73 C S S 2. 522 S% lc 'C,I fly/ Wer {{,e undersigned, oppose the proposed Fayetteville animal ordinance because The proposed animal ordinance rases licensing, impound a pSty fce5 & at5 CA as well as dogs. High licensing, impound fees & pees discourage people from helping animak,ly cause e to �• Avoid seeking help fmm animal services when trying to locate a lost pet, • fail to redeem their pets ifthey I ecom impounded. •gyp providing homeless animals with food & slier. •RMuce +he amount of veterinary care Provided to their animals. •Spay & neuterfpwer animals. • 5acrifice or abandon animak for whom they can no longer lord 'to provide good care. All ofthis leads to reduced quality of life for aniaal5, more homeless animals & WAS The taCpayer5 more money to publicize & enbrce the law & euthanize (kill) the unwanted animals. Compliance for animal licensing (both rats & dogs) in Fayetteville, i5, currently estimated to be only 3 t 4 %. Judging from the number of tame, friendly, free -roaming cats, compliance with confinement of cats is even lee than drat. Non Compliance means animal owners DO NOT WANT this -type of law! There are thtemative5 the city could implement to help animals, provide incentives to reduce the number of homeless animob ', & support people who provide cage to both dome tic & feral animals. We t uest thatthe proposed ordinance be sent back into committee {•r revision, including real of *t ordinance requiring cats to be strictly confined to indoors or outdoor enclosure5• ennuis • PHONE E-MAIL IYPoY1 . .wv..ra 'J eera � r fro 3 -- ?ay ?6/xCd L 9 t '-1tJD . I -t-h L�- 4 i 5621095 `—� s Sat/ eoefr ----- £ u a wN ' -Sa ,lf�� __ L Al &L/'? I%,* /'$/YJL.yI LJ 2tow≤ __� Kj We, the undersigned, oppose the proposed Fayetteville animal ordinance because: The proposed animal ordinance raises licensing, impound A penalty fees & affut5 cats, as well a5 dogs, High licensing, impound f e5 & penalties discourage people from hdping animak,lhey cause eople to: • Avoid seeking help horn animal 5erVice5 when trying lu locate a lost pet, • fail to redeem their pets ifthey becont impounded. •stop providing homeless animals with food & shelter •Reduce+ he amount &veterinary care providedl0theiranimals. •5pey & neuterlaver animals. • 5acrrfice or abandon animals forwhom they can no longer al�•rd to provide good care. All ofthis leads to reduced quality of life for animals, more hornele s animals & casts the taxpayers more money to publicize & erforce the law & eufhanize (kill) tte unwanted animal5, Compliance for animal licensing (both cats & dogs) in Fayetteville, is, currently esfimated to be only 310 4%. Judging from the number of tame, friendly, iree-roaming cats, compliance with confinement of cats is even less than that, Non Compliance means animal owners DO NOT WANT thi5 type of law! There are altematives the city could implement to help animals, provide incentives to reduce the number of homeless animals, & support people who provide care to both domestic & feel animals. We request thatthe proposed ordinance be Sent back into committee for revision, including repeal of the ordinance requiring cats io be strictly confined to indoors or outdoor enclosures. NAME ADDRE55 PHONE E-MAIL - 479 9/0/�V- /(CS)/1�D/J�`(/ 9/10/07 6 .O. A9t. 0n;Ma Ojid;navice Saye evA le ARKANSAS MEMORANDUM TO: City Council and Mayor Coody FROM: Jill Hatfield, Animal Services Superintendent, Ad Hoc Animal Ordinance Committee DATE: April 10, 2007 RE: Proposed Animal Ordinance - Supplemental Information In an attempt to answer questions raised by Council members at the April 3 City Council meeting, please find attached information and documents regarding Animal Services programs, photo copies, and statistics relevant to the City of Fayetteville. Concerning cost of services and operating hours, Animal Services operates the Low Cost Spay/Neuter program through the week and also on Saturdays for those who work during the week and cannot take of time from work. The program is based on income. To qualify a one person household maximum income is $19,660. Many students fall within this category and take advantage of the program. A two person household maximum income is $22,680, three person household is $25,560, four person household is $28,380. For more than 4 persons in a household the maximum is $30,660. To participate in the program, anyone over 18 years of age needs to complete an application, and provide a copy of income verification such as w-2, income tax statement, social security, disability statement or recent check stub. We also make a copy of any form of photo identification. The application and other information can be emailed, faxed, sent standard mail, or the form can be printed off the accessfayetteville website. The shelter is open for adoptions six days a week including Saturdays and Sundays from 11 a.m. to 4 p.m. The adoption fee is $60 and includes micro -chipping, spay or neuter, and rabies vaccination along with other health and welfare benefits. The Shelter has two programs for responsible pet adopters who cannot afford the adoption fee. Compassionate hearts program waives the fee for individuals 62 or older and those who have disabilities if the animal came into the shelter spayed or neutered. The other is sponsorship of by volunteers who pay the adoption fee of animals that are highly adoptable. Both programs allow individuals the ability to adopt without causing hardship. With both the adoption programs and the low cost program, the animals license fee would be only $5 annually at the time the animal receives its rabies vaccination. The shelter also hosts a low cost rabies vaccination clinic once a month. The fee for the vaccination along with a booster vaccine is $7 and is given by our volunteer veterinarian. The program has been in place for over 10 years, usually on the third Saturday of each month. When the Ad Hoc Committee researched space requirements and the anti -chaining ordinance, the first draft did give space requirements according to the size of the animal. It read "Each dog or cat under 40 pounds requires a minimum enclosure area of 10 feet by 6 feet. Each dog 40 to 80 pounds requires a 10 feet by 10 feet enclosure area. Dogs over 80 pounds requires an enclosure area of 10 feet by 15 feet." The committee felt it would be labor intensive to require this by weight. The officer would need to confirm the weight in some manner. The committee went with a standard size as many other cities have done. Please find attached photos of some dogs that are living on chains in Fayetteville. The last photo on the page is of a dog that died on his chain during the 90 and above degree days last summer. Two dogs were chained in the privacy fence area with no water and no shade. The black dog perished while tangled in part of a doghouse. Many others have hung themselves and starved to death while chained and out of sight. Solely for humane reasons the anti -chaining ordinance would allow Animal Services Officers the ability to view the dog, educate the owner on responsible pet ownership before the dog suffers and many times dies a horrific death. The anti -chaining ordinance along with the enclosure area requirements, hobbyist permits, and dangerous ordinances, would give the Animal Services Officer more depth to the current ordinances. Officers currently advise owners of the best ways to care for an animal but without requiring humane treatment in these areas there is little an officer or neighbor can do until the animal is starving, infested with parasites or injured. The Dangerous Animal section 92.31 also allows the officer to view the animal and discuss the behavior issues with the owner. The requirements could solve many neighborhood disputes by alleviating the animal behavior problem before it becomes escalated. This would be done only when the animal shows a dangerous and aggressive behavior, witnessed not only by complainants but also the Animal Services Officer and Animal Services Superintendent with complete documentation. In 2005, ten animal owners were issued a citation for vicious animal and in 2006, eleven were issued a vicious citation. Also in 2006, 2328 city licenses were sold. 1,895 (81%) were dogs and 433 (19%) were cats licensed. 1,546 (66%) were spay/neutered animals while 782 (34%) were intact. If the number of licenses sold in 2007 doubled with the assistance of a new Animal Services Officer focusing on licensing, the increased license fee revenue would be $66,380. That amount could fund the additional officer position needed. The Humane Society of the United States estimates 1.7 dogs per U.S. household and 2.4 cats per household. That would mean over 150,000 owned dogs and cats live in the city limits of Fayetteville. Many more are stray and feral living without an owner. \\\t Animal The Price is Right! While you can't put a price tag on a lifetime of hugs, kisses, companionship and unconditional love, there are costs involved in maintaining a healthy pet. When you adopt a companion animal from the Fayetteville Animal Services Shelter, we've already performed procedures that are critical for maintaining his or her good health. These important benefits are provided to you at a greatly reduced cost. We think you'll agree that the pets at the Fayetteville Animal Service Shelter are not only the best in the world, but the best value around! Adoption Fee: $60 Dogs and Puppies: • Spaying/Neutering • Micro -chipping • Rabies Vaccination Cats and Kittens: • Spaying/Neutering • Micro -chipping • Rabies Vaccination • Booster Shots • Booster Shots • De -Worming • De -Worming • Flea & Tick Treatment • Flea & Tick Treatment • City License First Year • City License First Year • Heartworm Testing • Feline Leukemia Testing • Free Behavior & Training Advice • Free Behavior & Training Advice • Science Diet Food Sample • Science Diet Food Sample What would it Cost to get a "Free Pet" and provide the same Basic Health Services? Dogs & Puppies: $170 - $200 Cats & Kittens: $120 - $150 Costs are based on an average of prices quoted for similar services by several local veterinary clinics. The services provided by Fayetteville Animal Services are in no way intended to be a substitution for regular professional veterinary care. Animal caregivers will be happy to make the names and addresses of veterinarians in your area available. 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U O C y 1. m Y .d •p a) O L .0 T U a) ••..R to 1" �, a) �" 0. W 0. a) 'p,.> 3 P4 YO a) b Ow T y 40., W a y ate)) > .c? C w W .C y H _t0 �•r O T c'cc Cd o 3° o o a b d d `� aa) v ai i y > s t.p UG ° m ° a) >' G C A o .� y U r. m ,« C C w .fl •C EO C a) Oo H .b N N o U U, ,G E° C L L •" E -- _ 3 E 7 c 3 . :; _ 004° �'c�.� a°isb a cai3. P40 oE) a? O m ij .EU •� a'O U N C rUii N N '-' �U., >. O Y c0 i�• C— O' {]' y U ).. U a) .d L of , �,G '+ ❑ �'•. C U p G. >, C ��' ,a-.) y O N w Y 0 C O R N U O U G U y .E N O U O O o0i •O Oct 0 0 YN s 'C a E a>> > E> o.S a)6 4) 5. 3 s x ow > as w n a "U F 3 Q d G W FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER. ASST. CITY ATTORNEY DEPARTMENTAL a y -1 7—O 7 TO: Dan Coody, Mayor City Council Jill Hatfield, Animal Services Superintendent FROM: Kit Williams, City Attorney DATE: April 17, 2007 LEGAL DEPARTMENT RE: Animal Ordinance Definition of"Kennel" and "Hobbyist" The existing definition of "Kennel and/or pet shop" in §92.01 of the Fayetteville Code is basically carried forward to the newly proposed revisions of Chapter 92: Animals. This definition states: "Kennel and/or pet shop. As used herein, the term 'kennel' and 'pet shop' shall be construed to include any individual or establishment with the intent and purpose of raising, training, boarding, or selling of dogs, cats, birds, mice, rats, reptiles, fowl or fish or other small animals for hire or profit. A kennel and/or pet shop are only allowed in those districts so designated by the zoning code." Because of its first three words: "As used herein", this original definition was expressly for this chapter and not necessarily applicable to the Unified Development Code and its zoning limitations. That was changed by the new last sentence specifically applying this definition to the zoning code. This change is important because a "kennel" is extremely limited in the zoning code. It is found in use unit 7 "Animal Husbandry" which is allowed only in R -A Residential Agricultural and 1-2 General Industrial zones. Kennels are not allowed even as conditional uses in residential, office, commercial or even heavy commercial/light industrial zones. O Zoos (but not "kennels") are allowed by right in C-2, Thoroughfare Commercial and by conditional use in I-1. Animal hospitals which must often board animals are allowed by right in C-2, C-3, Downtown Core, Mainstreet Center, Heavy Commercial/Light Industrial and by conditional use in Downtown General. Veterinary small animal outpatient clinics are allowed by right in R -O Residential Office, C-1 Neighborhood Commercial, C-2 Thoroughfare Commercial, C-3, Downtown Core, Mainstreet Center and Downtown General. If a "Kennel" was defined as to mean a large, commercial dog breeding facility, maybe its limitation to agricultural or general industrial land would be appropriate. Unfortunately, the existing definition of "Kennel" is so broad that a person raising a fish in an aquarium which he intends to sell through a pet store would be operating a "Kennel" and thus be restricted to industrial or agricultural zones. A major problem with the current definition is it combines the terms "kennel" and "pet shop" in the definition although they are very different operations and zoned very differently. "Pet shops" are appropriately allowed as of right in C-1, C-2, C-3, Downtown Core, Mainstreet Center, Downtown General and by conditional use in R -O. "Kennels" are only allowed in R -A and I-2. If the definitions of "Kennel" and "pet shop" will now be applied to the Unified Development Code, they should be separated and clarified. An easy alternative option would be to simply strike the last sentence (which was added to the old definition and changes it to apply to the UDC). Regardless, we need to strike the reference to "any individual" which most assuredly cannot be either a "Kennel" nor a "pet shop". I also doubt if an "establishment" can have "the intent and purpose ..." Let me propose the following definitions: " 'Kennel means a structure or facility used for the purpose of breeding two or more litters of puppies or kittens within any twelve month period. A facility used for commercially boarding more than three dogs or cats or combination thereof at any time shall be considered a'Kennel'." 2 " 'Pet shop' means a -commercial establishment or facility which regularly sells pets such as dogs, cats, birds, rodents, reptiles and/or fish to the general public." " 'Hobbyist' means a person whose unsterilized dogs or cats are registered with the American Kennel Club, United Kennel Club, Cat Fanciers' Association, The International Cat Association or similar group and who competes or shows their animals at least annually. A 'hobbyist' is also a person who holds a current Arkansas hunting license and uses his or her dogs to hunt at least annually. A 'hobbyist' may not allow his or her animals to produce more than one total litter annually regardless of the number of unsterilized animals owned. A second litter within a hobbyist's property within a twelve month period shall invalidate the hobbyist's permit for twelve months." I believe these definitions make it much clearer that a "kennel" is only those truly commercial enterprises which should not be in residential zones, while a "hobbyist" who does not have more than one litter of puppies or kittens annually is really not "in the business" nor acting inappropriately for residential zones. 3 ;' Cc% V—/7-0'7 UMANE SOCIETY OF THE OZARKS (HSO) LOW-COST SPAY/NEUTER ASSISTANCE PROGRAM • Designed to help people with "moderate incomes;" not income -based • Pet owner obtains a voucher from the HSO Office • Costs to pet owners: Dogs — Neuter $45, Spay $60; Cats — Neuter $25, Spay $40 • Above prices reflect savings to owners ranging from $40 to $70 per procedure • Owner may choose from among a list of 8 Fayetteville vet clinics who have agreed to discount their spay/neuter fees for this program • Fee presumes that the pet is current on its rabies vaccination • If pet is pregnant or in heat there will be an additional charge 1 -'ll I. I _ LI I 1 • If THE DANGERS OF CHAINING DOGS iA�lfkla Y- Two dogs chained together by winding & shortening their chains : 1 ••3$� t _ s - This dog has little room to move in & has worn a path in the ground, creating a hard, muddy surface This dog had a chain imbedded in his neck, causing this large open wound, requiring stitches 4 -- i _ L This dog died as a result of being chained; he tried to jump his owner's fence & hung himself on his chain (4.23.07) Clarice Pearman - Res. 5002 Page 13 From: Clarice Pearman To: Thiel, Brenda; Thiel, Brenda Date: 4.23.07 4:11 PM Subject: Res.5002 Attachments: 5002 Amend Ch 92 Animals.pdf CC: Audit Alderman Thiel: Attached is a copy of the above ordinance passed by Council, April 17, 2007. Please let me know if there anything else needed. Have a good day. Thanks. Clarice (4.23.07) Clarice Pearman - Message status - undeliverable Page 1 From: <Mailer-Daemon@ch-gw7.city.fyv.us> To: <cpearman@ci.fayetteville.ar.us> Date: 4.23.07 4:12 PM Subject: Message status - undeliverable Attachments: Part.001 The attached file had the following undeliverable recipient(s): bthiel@cox.net Transcript of session follows: Command: MAIL FROM:<cpearman@ci.fayetteville.ar.us> Response: 552 message size exceeds fixed maximum message size NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 5002 Was inserted in the Regular Editions: April26, 2007 Publication Charge: $780.70 Subscribed an sworn to before me This day of ant �a, n , 2007. Notary Public "t C . kt_- My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 RECEIdED APR 2'r 2007 IT? OF FAThI1tVILLE CITY CLER'VS OFFICE AN ORDINANCE AMENDING CHAPTER 92, ANI- MALS, CODE OF FAYETTEVILLE, TO IMPROVE THE TREATMENT OF ANIMALS AND ENSURE THE SAFE- TY OF THE CITIZENS OF FAYETTEVILLE. Dll IT O51DAI!OD BT TNB CITY COUNCIL OF TKII CITY OF FAYBTTDVILLB, ARKAMSAS: e Sedan 1. That Chapter 92, Mirnas. Code of Fayetteville Is hereby repeated, and Exhibit A. ,attached hereto and made a part hereof, is inserted in its stead. PACODD cad APPROVDD this 17th day of April, 2007. APPROVED: ATTEST BY: By: DAN COODY, Cdoyer SON CNAPTOR O"A ANIMALS 92.01 Dentitions far the purpose of this chapter the following def- initions shall apply unless the context clearly Indi- cates or requires a different meaning. Abandon. Any person who knowingly deserts an animal on public or private property. Animal. Any living creature, domestic or wild. Animal shelter. Any facility operated by a humane society, municipal agency or Its authorized for anismas held uufor the nder�me authority of toff ws chor ap- ter or stone law. Al large. Not under he physical control of the eni- mel, owner or harborer, or his authorized syst repre- antasvo, rider by leash, trolley system, or enc ogre. Al, animal hpa g upon a damag- ing the properly of another person or upon W bllc properly,assrsbyor trespassing on schopassing ol grounds, haeass- Ing cles, or Interfering wwih robs. Aai harassing meter readers and not under he physical control referred to herein shall be deemed "running at largo." An animal within an automobile or other vehicle shall not be deemed "running at large" lithe animal is physically confined tto the vehicle. An animal shall not be considered "at large" when on the premis- so of the owner or harborer hereof and accom- panied by he owner or harborer: Cat. A fe."me of either sex, hicluding one neutered a madrad. City. City of Fayetteville, Arkansas. Dangerous Animal.. Any animal which, when unprovoked, approaches in a manner of attack any person or domestic animal upon the meet sidewalks, or any oherpubnc ground or place. rOog. A canine of either sex, including one neutered or sterilized. Enclosure. A fence or pen, or structure forming or causing an enure of sufficient strength or Construction to contain he sped fit animal and prevent the animal from escaping. Owners con- fining dogs or cab by means of an enclosure tflu provide a minimum space of 100 square feet (10x10) per dog or eat four (4) months of age or older. Harbor. For a period of three days or more, to keep and rare for an animal or provide a premis- d to which the animal returns. Robtyst means a poison whose unsterilized dogs or cats are registered with the American Kennel Club, United Kennel Club, Cat Fanciers' Association, The International Cat Association or shnilw group and who competes or shows their animas al least annualy. A'aobbysf Is also a person who holds a current Arkansas hunting tense end uses his or her dogs to hunt at least annually. A 'hobbyist may not allow his or her erunals to produce more than one total litter anoual y regardless of the number of unsterilized sigmas owned. A second liner within a hobby- ist's property within a twelve Month period shall invalidate he hobbyist's permit for twelve months. Kennel moans a structure or to more used for the 'purpose of breeding two or more Toners of pup- pies or kittens within any twelve month period. A tad ty used for commercially boarding more than vireo dogs or cats or combination thereof at any tins shed be considered a'Kenoef. License. A permit and animal tag issued by the city to indicate that an animal is vaccinated against robes In accordance with city ordinance and that the owner a harborer has ran lletl to the dry he levied permit tee. Locked Fadosure. A fence or pen, or structure with all gates or entrances locked with a key or combination device. The structure fomdrg or causing an no ai of sufficient estrength or construction to contain he specific animal and Animals. Any domestic animal which whines, or howls In an unwarranted, or sous, or laud, or frequent fashion. op means a commercial establishment or which regularly sells pets such as dogs, ions, rodents, reptiles and/or fish to the i public. Pet Shops ereonlyallowed In C - C3. Downtown Core. Mainstreet Center, own Genera and by Conditional Use in A - : DRA Gt1lTR, City Clerktb000uror Restrained. Any animal seared by leash and under the control of owner or harborer. At public events of 100 persons or more, sashes shall be a maximum length 016 feet. The animal must be within 4 feel of the owner or harborer. • Special Event. A specified or designated public amunernce, affair, or event at which more than three hundred (300) persons are reasonably :expected by he organizer or sponsor thereof to Tether, A rope, chain, or cable of appropriate Strength that is firmly anchored to he bed of an open bed pickup rock or similar vehicle in at east two places. Tether is to be used to restrain 'the animal and fastened to the animal by means of a harness or cotion and to be the appropriate length as to afford the animal freedom to move about the vehicle, but to restrict the animal to a son radius to prevent It from reaching either side. or the rear of the vehicle so that the animal can- not be thrown from, fall from, or jump from the vehido. Trolley System. A Confinement system utilizing cables and a pulley. Only one dog may be on each trolley system. The cable must be attached tp a property fitting collar and of at least 8 feet In length. The trolley cable must be fixed to two permanent points end no less than 10 feet long and mounted 4 to 7 feet off the ground. There mum be a swivel on at least one end of he dhxsd cable to prevent entanglement and have the ably to slide on the horizontal cable with a stopm etch end. No obstructions shall be In he town area. The system shall provide adequateI 'mom for normal postural adjustments, for exer- cise and egress to water, food, and shelter. anima which without provocation, bites or a human being or domestic animal on or private property excluding the dog s private properly and enclosures: or animal owned or harbored primarily or In he purpose of animal fighting or any ank ,Notwithstanding the above definition, no animal shelf be declared vicious 8 the person attacked or bitten by said animal was teasing. tormenting, abusing or assaulting the animal or was commit- ting or attempting to commit a crime. No animal seal be declared vicious if a domestic animal which was When or attacked was teasing, tormeming, abusing or assaulting the animal or was commlWng or attempting to commit a crime, Wild animal. My roMuman primate, racoon, skunk, fox, wolf, coyote, poisonous make, loop - aid, panther, tiger. son. lynx, or any other warm blooded animal which can normally be found in the wild date, or the offspring bona to wild ani- mas bred with domestic does or cats. (A) No owner deal fall to provide his animas with nd dent good end whoesome food and water; shelter which provides protection from the weath- er including four sides with opening, roof, and floor: veterinary care when needed to prevent suffering; and with humane care end treatment. (B) No loran shop beat, crue:ly fl -treat, tor - mom, tense, overload, overwork, or otherwise abuse an animal, or mum, Instgate, 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 arthnm. (D) My parson who, as the operator of a motor veNde, strikes a domestic animal shag stop at once and report the accident to the appropriate law enforcement agency or to the local animal 1 person shall expose my known poison- Astrnce or toxic diemical whether mixed oat or not an that the seine shall be noble eaten by any animal, provided that it shall i unlawful for a person to expose, on his fly, common rat poison mixed only with doe substance. staked to a fixed trolley system, so placed that he animal may not Intrude on other property, whether public or pri- vate, and provide adequate room for normal pos- tural adjustments, exercise, and access to water, food, and shatter. The area where any animal is confined must provide proper and adequate drainage. The owner or harborer of the animal shall be on the premises when he animal is con- fined to the trolley system. 92.03 Shooting, Killing Or Molesting Wild Animals Prohibited It shall be unlawful for any person to shoot, hunt, kill, chose, wound, or molest any wild animal within the corporate limits of he city 92.04 Sale Of Diseased Animals; Kennel And Pet Shop Regulation (A) It shall he unlawful for any person, pet shop. or kennel to sell, offer to sell, or expose any dis- eased or polsonas animal or any animal the sale of which is prohibited by federal law. (B) Every place used as a kennel or pat shop shall be kept In a dean 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 property treat any diseased animal and shall property Isolate mom 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 dell be humanely treated and properly nour- shed, Animals Shall not be confined in one area In such numbers that access to food and water is not read'tiy available. 92.05 Noisy Animals Restricted It seell be unlawful for any parson to keep on his premises or under his control any noisy animal which shall disturb the peace and quiet of any person who may reside within reasonable prox- imity of the place where such animal is kept. An ownei or harborer violating this section may be required to train the animal with a humane "bank collar" or other devices for noise control. The owner or harborer shall be notified of the oppor- tunity to appeal this requirement within 10 days upon issuance of such requirements to the Animal Services Superintendent. 92.06 Animal Waste, Offensive Odors Prohibited (A) The owner of an animal shall be responsible for he removal of any excrete deposited by his animal(s) on public walks, recreation areas, pub- lic parks, or private property. (B) It shall be unlawful for any person keeping or harboring any animal to fall 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 prox- Imly of said premises; and it shall be unlawful to allow the promises where my animal Is kept to become unclean and a threat to he public health by falling to diligently and systematically remove all waste material from the premises. 92.07.92.19 Repealed 92.20 Annual License AM Tag (A) 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 nest following the month in which said fee is collected. The Issuing veterinar- lan shall be permitted to keep twenty percent (20%) of he licensing fee collected as a handling fee. (1) For each neutered male or spayed female the levied fee shall be In he amount of $5.00 mmu- aly. The fee for each unspayed female or unneutered male shall be $75.00, with excep- tions for any animal under six months of age, the fee shall be $5.00 or the unspayed or unneutered animal is tensed under the hobbydst's permit. (2) Medical Exemption of Spay and Neuter Surgery. If an actively licensed and practicing veterinarian believes it would be unwise to subject the animal to the sterilization procedure for medial reasons, a medical exception will be granted. In this case, the veterinarian who makes this determination mud provide a signed statement which: (a) Desaibea the medical condition that provides grounds for the medical exemption. (b) Includes his or her opinion as to whether de medical condition is temporary or permanent. (c) If the condition Is temporary, Includes a prag- nosf m the date on which the sterilization can be performed safely. (3) Should a dog or rat be brought into the city, the person owning or keeping, such dog or cat shall have 30 days In which to pay he licensing IN levied hereby. Any person failing to pay said IN withinsuch period shop required be required to pay an additional fee of $5.00. (B) issuance of license receipt and tag. The e city ed or a veterinarian ensed to whom the fee shed by subsection (A) above Is paid shall issue a receipt therefore and shall issue to each person paying said feea metal tag Indicating that said has fee been en paid; provided a tag for any dog or cat shall not be issued unless a certificate from a licensed veterinarian is presented which e cotes that said dog or rat has been vaccinated for rabies according to date law. (C) License period. A license, if not revoked, shall be valid for one year from dthe Issue, of Ise. A new license seen be obtained each year by every owner and a new fee pas. An owner shall have 30 days from the date the license expires to obtain a new license without penalty. Any person falling to obtain a license within such period shall be required to pay an additional fee of $5.00, Of Tag to be 11anbe dto animal in aer or keep- erabe meaner, It shall be the duty of wner ofevery dog or cat within the city to attach the lac provided for in subsection (BI to said dog reasonablecat n a reasonable manner. (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 rats brought to the city on a temporary basis for show or exhibition. 92.21 Rabies Vaccination Required (A) An dogs and cats in the city and other pets which are subject to rabies shall be vaccinated against rabies according to state law by an ved veterinarian. A metal tag evidencing such such vaccination shall be attached to the harness or colter of every dog in the city and shall be attached to every cat in the city byrea sonable memod. Any person who shall keep my pet which is subject to rabies in the city without first having such pat vaccinated for rabies at lead once a year, shall be guilty of a misdemeanor. (B) In case a loo for the animal licensing fee or rabies vaccination required by this chapter Is sod or destroyed, a duplicate shall be issued by the sty upon presentation of arecelpl or other verifi- cation showing payment of said lee 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 peri- od. 92.22 Running Al Large Prohibited (A) It sham be unlawful for me owner or person b charge of my horse, mule, cob, sheep, cow, cep, bull, jack, jenny, goat, hog, or wine of any kind to permit or suffer the same to run at large within he corporate limits of the city at any time. (B) It wail 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 dry. (C) It shall unlawful e 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 corpo- rate limits of the city at any time. (D) It shah be unlawful for the owner or person having forgo of any dog or cat to permit or allow such dog or cat to be without proper restraint at a public event. (E) The term "permit" shall include the failure of he owner or person having charge of said animal to physically restrain he anima. The animal con- vol officer shall be authorized to enter onto pri- vate property for the purpose of imnoundino an animal found urnimg at large. (F) Every female dog or cat in heat or estrous shall be confined in a building or secure enclo- sure in such a manner that such female dog or cat cannot come into Consent with another animal except for planned breeding. 92.23 Impoundment (A) The Fayetteville Animal Shelter is authorized to accept from the animal control officer or any private citizen, and to impound, any dog or can found running at large In violation of this sub- chapter. The animal control officer shall not be required to respond to requests to pick up uncon- fined cater unit the person making he request has confined or restrained he animal so that It can readily be taken into custody by he 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 he animal shelter bears a city tag, it shall be he 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 placed for adoption within 10 days unless the IN 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 mall sent to said person's last known address, notify said parson that the ank mat has been Impounded at the animal shelter, and will be destroyed or placed for adoption within 10 days 9 he tee hereinafter prescibed is not paid. For the purpose of his 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 he expiration of 10 days Impoundment in he came of a tensed animal, or the expiration of five days' impoundment In the case of an uni- censed animal, said animal shall become the property of the city, and the city shall be empow- ered to place for adoption or to destroy and dis- pose of said animal as provided for in §92.23(8) above. The animal control officer is hereby authorized to place for adoption or to destroy such animal and dispose of he carcass. For he purpose of this section, the day of taking up shall be counted as he first day of he impoundment. (B) An owner reclaiming an impounded animal shall pay the cost of such impoundment. Said costs are hereby ascertained to be $10.00 for the first Impoundment 0 the animal has a rabies vac- cination and is currently licensed in the city with current city license and rabies legs attached; $25.00 for he first Impoundment If the animal Is not currently vaccinated and licensed in accor- dance with this chapter; animal shall he mlcrochlpped at time of redemption at the owner's expense. $50.00 for the second impoundment for the same animal within a 12 month period; at he lime of the 1st or 2nd redemption the owner of an Intact animal shall be offered spay or newer services at a reduced cost. If sterilization is performed, the city licensing fee will be reduced to $5 at the first Impound. $100.00 IN for he third Impoundment for the same animal within a 12 month period;, and at such time an intact animal shall be considered a public nuisance and shall be spayed/neutered at the time of redemption at the owner's expense; and $200.00 for he fourth and subsequent impoundments of he same animal within a 12 month period. In addition to the Impoundment lees, a boarding fee of $10.00 per day per animal shall be charged for each day such animal is Impounded in the animal shelter; together with the licensing IN for such animal, if me same has not been paid, plus the cost of having an unvac- cinated animal vaccinated for rabies. (C) The owner of an impounded animal who reuses 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 after he adoption fee has been paid. A voucher will be Issued to the adopter and said voucher may he used at the time the animal is sterilized. An adopter who falls to comply with he sterilization provision of the agreement shall be guilty of a misdemeanor. 92.25 Confinement When Person Bitten Any animal suspected of biting a human shall be quarantined in accordance with the provisions of A.C.A. 20-19-301 (The Rohlas Control Act)... - (A) Once a citation has been Issued by an Animal Services Officer or a complaint has been filed in he district court against he owner or her - borer of an animal [or violation of this section, the animal shall be relinquished by he owner or her - borer to Me animal services officer and kept at he animal shelter, 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, all impoundment fees, and/or obtain liability insurance in amount to be determined. Upon a finding mat such animal is a vicious ani- mal, the court may order he animal to be euina- nized in a humane manner. Surrender of an ani- mal by the owner or harborer thereof to he ani- mal control officer shall not render the owner or harborer Immune from the fines and fees pro- scribed by his chapter. (B) Once a complaint has been filed in he Fayettevilie Dlsdd Court and he alleged vicious animal animal is impounded al the Animal Shelter, the arraignment shall be held within seven calendar days and the trial of the charges shall beheld within two weeks of he arraignment date unless the defendant/owner of the impounded animal requests a continuance and pays a cash deposit into court in an amount equal to the Impound- ment and board fees through the requested court date. (C) It shall be unlawful for a vicious animal to be outside of a dwelling or locked enclosure unless ce It Is necessary for he owner or harborer thereof to obtain veterinarywith commands for the Vicious animal or to comply Commands or directions of an ani- mal control officer with respect to the vicious ani- mal; and, the owner or harborer of an animal in violation of his section shall be subject to crimi- nal S prosecution. iIn such event, re vicious animal shall be securely muzzled ono 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 shell be under he direct control and supervision of he owner or harborer. The owner or harborer shall not be under the age of 18 years. A vicious animal owner shall immediately notify animal seMces if he animals loose or unconflned, bums or attacks moved a person, has boon moved to a different address or des; whereupon he owner must provide proof of death. The vicious animal shall not be ad or given away. (D) All vicious animas, when kept Inside a dwelling shall not be allowed access to screened only windows or aeon. A secure obstacle shall be in place to prevent animal from exiting the structure. (E) All vicious animals shall be sterilized and me hipped at the time of reeasfrom impou ndment at he owner's expense. (F) All vicious animals shall be confined In a locked keep enclosure. It shall shal unlawful for any per- son to or harbor a vicious animal upon any premises which does not have a locked enco- are, The owner shall display signs staling -"Beware of Vicious Animal" along with a symbol for same easily men by. The signs dis. played semi be easily seen en fromIrom the public rand - way. (G) Failure to comply with all restrictions of this subchapter win result in forfeiture of ownership. The vicious animal will be Impounded by he Animal SeMces Division and euthanized in a humane mamer at owner's expense. (H) The provisions of this section shall not apply to animals owned by a law enforcement agency and used for law enforcement purposes. 92.27 Abuse OaPotice Dogs Prohibited It shall be unlawful for any personto Mot' ul strike kick, brat, torment, torture, injure, kill or harass any dog used by the police department in the perlonnsnce of any departmental functions or duties. My person convicted of violating this sec- tion shah be punished as m provided ovided 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 wall keep or permit to be kept on his r s any wild or vicious animal for dis- play or or for exhibition purposes, whether gratu- itously or bra a lee. This section shall rot be con- strued to apply to zoological parks, performing animal exhibitions, or drams, 92.29 person shall Transportation Of Animals No person transport or carry any animal by motorized mints tunes the animal is safely enclosed within the vehicle or trailer, or enclosed inn portable kennel, crate, or dog box designed secure and appropriate means to the bed or the chassis of the vehicle. Dogs may be transported in open beds of pickup trucks provided they are seared in the vehicle by means of a humane cross tether and/or harness, or if the sides and beck of the pickup tucks bed are at least five test high. n all cases where animals are trans- ported by motorized vehicles, it must be in a sale and humane manner that will prevent he animal from failing from, being thrown from, or lumping from he motorized vehicle or trailer being pulled by such. 92.30 Prohibition Of Sale Of Animals From Certain Locations Except for established animal business enterpris- es with permanent structures, and the Fayetteville Animal Shelter, he sale, distribution and giving away of animals from public property and from commercially and industrially zoned land is prohibited. 92.31 Dangerous Animals Restricted (A) Once a complaint has been filed with the Animal Services division against the owner or harborer of an animal and based on Me behav- ioral observation of the animal by an Animal SeMces Officer, may result in finding the animal dangerous as defined in 92.01 Dangerous Animals. The animal shell be kept and confined in accordance with this section. (B) NI dangerous animas shall be confined In a locked enclosure, Itshall beunlawful for any per- son to penult a dangerous animal out of a locked enclosure unless said animal Is securely leashed wish a leash no longer than 4 feet In length. Said person than have physical control of the leash andofle years of age or older. Whennot al he property of the owner, the animal shall be muz- zled. After finding said animal dangerous, the owner of said animal shall immediately notify anl- ma services if he animal is took, unconfined, bites or attacks a person, has been moved to a different address or dies; whereupon the owner must provide proof of death, The dangerous ani- mal shall riot be sold or given away. (C) An dangerous animals, when kept inside a dwelling shall not be allowed access to screened only windows or doors. A secure obstacle shall be in place to prevent animal from exiting the structure. (D) The owner shall display signs stating "Beware of Dangerous Animal" along with a sym- bol for same easily seen by children. The signs displayed shall be easily seen from the public (E) An dangerous animals shall be sterilized and micro -chipped at the owner's expense at the time the animal has been determined to be danger- ous. (F) The owner was be wanted of the ability to appeal within 10 days upon issuance of such requirements to the Animal Services Superintendent. (G) Any owner or harborer violating the requlre- mente of his section wall be issued a citation to court for violation of this section. 92.32 Animals at Special Events Prohibited (A) The Chief of Police may prohibit the bringing of animals to Special Events as defined herein, 6 in his or her judgment, their presence would constitute an unreasonable hazard to public safe- ty or health. (B) Service animals, recognized performing ani- mals and police dogs shall be exempt from the provisions of this section. 92.33 Annual Hobbyist Permit (A) Levy and amount of permit. There is hereby levied and there shall be collected an annual per - nit IN in he amount hereinafter provided on each dog or cat owned or kept within the city for the purposes of breeding, competing, or hunting. Said permit fee shall be paid to the city animal services division along with a$25 non-refundable application fee. For each unneutered male or unspayed female over six months of age the levied fee shall be in the amount of $25.00 annu- ally, (B) Issuerrn of permit and tag. The city animal services dMdon to whom the lee levied by sub- section (A) above Is paid wall Issue a permit after the following requirements have been docu- mented and a successful Inspection of the hob- byist's premises is Complete. (1) Hobbyist permit application is filed with the animal services division staling hobbyists intern with said dog or cat. (2) Documentation for breeding purposes testify. Ing that said animal is registered with the AKC, UKC, CFA, or TICA ss a purebred. The hobbyist toKanern r eg.Mth n he past 12 months in a national, regional or local kennel club; provides a signed copy of he Code of Ethics for he breed dub of which the hobbyist belongs; provides doc- umentatlon of all necessary health clearances for breeding specific type of breed and health records for liner. (3) Documentation for competing purposes testi- fying that said animal has compiled in at east one dog show or sporting competition sanctioned by a national or regional registry whin the past 12 months. The hobbyist holds membership within he past 12 months In a national, regional or local kennel dub. (4) For hunting purposes hobbyist holds a cur- rent state hunting license with the Arkansas Fish and Game Commission and the hobbyist can successfully perform obedience commands with said anima. (C) License period. A license, it not revoked, shall be vale for one year from he date of issue. A new permit shall be obtained each year by every hobbyist and a new IN paid. An owner shall have 30 days from the date he license expires to obtain a new license without penalty Any hobby- ist failing to obtain a license within such period shall be required to pay an additional fee at $10.00. (D) Revocation of Permit. A permit may be revoked if he animal services division deter- mines that any of the following conditions exist. (1) The hobbyist has been convicted of or pleads gully to cruelty to animas; (2) The hobbyist has failed to comply with he conditions of he permit; (3) The hobbyist has violated the provisions of this Chapter twice In one pet year; (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 he sty on a temporary basis for or show or exhibition. ARTICLE II ENFORCEMENT 92.40 Animal Control Officer (A) There Is hereby created he office of animal Control officer. The animal control officer shall be appointed by he mayor and shall perform the duties and exercise the powers prescribed by this doper. In addition, he animal be lol officer man shall perform duties as may delegated to him by the mayor or he City Council. (B) The dye animal control officers are author- ized to Issue a citation to any person violating any provision of thischapter in he presence of said animal control officer. 92.41 Interference With Animal Control Officer Prohibited It shall be unlawful for any person to with e interfere or forcibly attempt to interfere the erethe animal control officer or other authorized persons in order to hinder him in he performance of his duties. Further, it shall be unlawful for any person to refuse to deliver any unlicensed onnvacolnat- nd animal or any animal observed to be running on age to the animal control officer, or ponce offi- cer, upon demand for Impounding. 92.42-92.98 Reserved 9299 Penalty (A) Whenever in this chapter an act Is prohlblted o is made or declared to be unlawful ful or or an shame or a misdemeanor, or whenever in such chapter the doing ofan act is or he fail- ure to do my act is declared to be ed to unlawful, and no specific penalty Is provided this chapter he viola- tion of any and provision of chapter Sian be punished by a fine of not more than $500.00 or double that sum for each repetition of such offense, on vbdatbn; provided, no penalty shell be greater or less that, the penalty provided for the same a a simdlailar r offense under he laws of he mate, if the violation of the chapter is, in its nature, the y continuous in respect to time, the penalty (or allowing e continuation each thereof shall not 00 exceed $250.forday that the same Is unlawfully acontinued.p (B) My parson who resides In the city convicted of violating or pleads guilty to state law ACA sec- tion privilege of 1. Cruelty to Mimes, may lose the privilegeal owning animals within the city limits for up to one year in addition to fines. (C) Any person violating or failing to comply with any of the provisions of §92.04 shall be deemed gully of a misdemeanor and upon tconviction .00r wall be fined in a sum not less halation 0or more than 0. Each days violation shall constitute a separate offense, (D) Any person convicted of violating §92.27, Abuse of police dogs prohibited, shall be pun - shed as provided in subsection (A) of this section or imprisoned in the city jail for up to 30 days, or both. ORDINANCE NO. AN ORDINANC FAYETTEVILLE, ENSURE THE S/ BE IT ORDAINED I FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 92, Exhibit "A," attached hereto and r DING CHAPTER 92, ANIMALS, CODE OF OVE THE TR ATMENT OF ANIMALS AND THE CITIZEN'S OF FAYETTEVILLE. THE CITY COUNCIL OF THE CITY OF Code of Fayetteville is hereby repealed, and rt hereof, is inserted in its stead. PASSED and APPROVED tl)ts 17t" dNy of April, 2007. APPROVED: By: lit DAN tyYvt &`5 0 By: Imo' SONDRA &.C1' O,c'•VG• . :FAYETTEVILLE: TON in 11111 City Clerk/Treasurer City Council Meeting Minutes April 3, 2007 Page 13 of 25 animals for higher profit. I think that is pretty clear. I think the Animal Services Director and officer understand what the intent and purpose is. I think it is also going to be complaint driven Emily Williams: I understand that but that wasn't what I was asking and I'm not sure it actually is clear cut because it lists individuals with the intent of raising and selling a litter of puppies. So that does mean that even though somebody doesn't have what is recognized as a kennel, we're talking about the person who is considered a hobbyist. This does not affect me, but I believe the way that is worded it says if someone has a litter of puppies even if that's the only litter they have and their intent is to sell them and they are not in an area that is zoned for that then they would be in violation of the ordinance. I just don't like to see ordinances that say this is the ordinance but we'll overlook it. Alderman Thiel: It says intent and purpose of raising. I think that "intent and purpose of clearly defines that that is a business. Emily Williams: Does it? Alderman Thiel: Purpose is the word we added. Emily Williams: But your purpose is to sell a litter of puppies whether it's one litter or ten litters. I'm just saying it may not be as clear cut as it seems to you because you've read it so many times. Alderman Thiel: Well we changed it and actually revised it, on your comments. Emily Williams: All I'm saying is I think there may actually be an issue there that we are not aware of. I don't like to see an ordinance that says it's only going to be enforced if someone complains. I would like it if it could be looked at and made sure that that is what it says so if somebody does breed one litter of puppies they are not in violation of this ordinance because where they live is not zoned for that. Mayor Coody: Kit, I suggest you come up with the right answer on this one. City Attorney Kit Williams: All I can say Mayor is I'm glad the City Council rezoned our land to residential agricultural so we don't have a problem with that. Alderman Thiel: I would like to make the amendment to add a section to the ordinance that states that it will not go into effect for six months. Alderman Ferrell: Does that mean if this is amended between now and passage, the amended would go into effect in six months. Alderman Lucas: We probably would never get it to where it will please everyone but I think it's a move in the right direction. I have gotten a number of calls saying please approve this. Alderman Thiel moved to amend the ordinance to have it effective 6 months after passage. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. Alderman Cook: There is one comment in here that says the animal shall be micro -chipped at the expense of the owner. How much does it cost to micro -chip? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org