HomeMy WebLinkAboutOrdinance 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 That Chapter 92, Animals, Code of Fayetteville is hereby repealed, and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.
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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