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Home My WebLink AboutOrdinance 5045 ORDINANCE NO. 5045 AN ORDINANCE TO AMEND ORDINANCE NO. 5002 IN ORDER TO MAKE THE NEWLY ENACTED §92.32 OF THE FAYETTEVILLE CODE EFFECTIVE EARLIER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance No. 5002 to change the effective date of the newly enacted §92.32 (which was a portion of Exhibit A to Ordinance No. 5002) of the Fayetteville Code from October 1 , 2007, to the normally effective date of this ordinance. PASSED and APPROVED this 7 day of August, 2007. CIV. QTY p • G°% : FAYETTEVILLE ; 3 APPROVED- ATTEST: \. y•9RPC' •� ' J TO N C� By: Chi By: '&=A' ° uumuV� DAK COODY, Mayor soNDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form ID City Council Agenda Items 50 q5 and Contracts, Leases or Agreements L/d A 8/712007 City Council Meeting Date Agenda items Only Chief Greg Tabor Police Police Submitted By Division Department Action Required: Council approve moving the effective date of City Ordinance 92.32 from October 17, 2007 to October 1 , 2007. N/A $ Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached or Previous Ordinance Resolution # Depanm or Date Original Contract Date: 9 "2)- a7 Original Contract Number: City Attorney Date Received rRED Q� 7 - 23- 67 Clerk's Finance Finance and Internal Service Director Date 'I� / Received in EN U L_ Mayor's Office Mayor Date Comments: Revised April 16, 2007 FA.YETTEVILLE THE CITY OF FAYMEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Mayor Dan Coody and members of the City Council FROM: Chief Greg Tabor DATE: July 19, 2007 SUBJECT: City Ordinance 92.32 (Animals at Special Events Prohibited) Recommendation: City Council approve Fayetteville City Ordinance 92.32 to become effective October 1 , 2007. Backeround: The Fayetteville City Council approved the addition of section 92.32 to Chapter 92 of the Fayetteville City Ordinance Code. The addition of section 92.32 authorizes the Chief of Police to prohibit the bringing of animals to Special Events, if in his or her judgment; their presence would constitute an unreasonable hazard to public safety or health. Discussion: The Fayetteville Police Department would like section 92.32 to become effective October 1 , 2007. Currently this section is not effective until October 17, 2007. Changing the effective date to October 1 , 2007 would allow the ordinance to be in effect for the 2007 Bikes, Blues and BBQ event. Budget Impact: There would be no budget impact in this approval. ORDINANCE NO, AN ORDINANCE TO AMEND ORDINANCE NO. 5002 IN ORDER TO MAKE THE NEWLY ENACTED §92.32 OF THE FAYETTEVILLE CODE EFFECTIVE EARLIER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance No. 5002 to change the effective date of the newly enacted §92.32 (which was a portion of Exhibit A to Ordinance No. 5002) of the Fayetteville Code from October 1 , 2007, to the normally effective date of this ordinance. PASSED and APPROVED this 7`h day of August, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer (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 national, regional or local kennel dub. (G) Any owner or harborer violating the 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 hobbyist a shall be obtained each year by every constitute an unreasonable hazard to public hobbyist and r new fee paid.license owner shall safety or health. have 30 days from the date the ut pe expires to obtain a new license Ndtltorrt penalty. Any (B) Service animals, recognized performing hobbyist failing to obtain a license within such animals and police dogs gall be exempt from the Period shall be required to pay an additional fee provisions of this section. of $10.00. 82.33 Annual Hobb Ist Permit (D) Revocation of Permit A permit may be Y revoked If the animal services division determines that any of the following conditions (A) Levy and amount of permit There is hereby exist '— 1eviWd'"the "shsII 'Woollected an 'anhuaf.,._._._. �d re 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 rat 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 hobbyists 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 purposes control officer. The animal control officer shall be ( ) ng P 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, UKC, 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. dub; provides a signed copy of the Code of Ethics for the breed club of which the hobbyist (B) The city's animal control officers are belongs; provides documentallon of all necessary authorized to Issue a citation to any person (8. 14.07) Clarice Pearman - Ord. 5045 Page 1 -1 From: Clarice Pearman To: Tabor, Greg Date: 8.14.07 4: 18 PM Subject: Ord. 5045 Attachments: 5045 Amend 92.32 effective date.pdf CC: Audit Chief: Attached is a copy of the above ordinance passed by City Council, August 7, 2007 regarding the effective date of 92.32. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerklrreasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 coearmanOci.favetteville.ar.us .Arkansas Democrat *Oaxette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Kate MacNaughton , do solemnly swear that I am the 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 City of Fayetteville: Ordinance No. 5045 Was inserted in the Regular Editions on : August 18 , 2007 Publication Charge : $42 . 20 Subscribed and sworn to before me ThisZD#ay of /�✓� vst 2007. Notary Publi Janwe Deaeon Notal Public, State of Mom Waganson county My Commission Expires: 11 ( I ,j � ILJ ftCmwjs6oaFaplra11lfSJ14 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED AUG 2 2 2007 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Saturday, August 18, 2007 orAmm"m no. AN ORDINANCE TO AMEND ORDINANCE NO. 50D2 IN ORDER TO MAKE THE NEWLY ENACTED §92.32 OF THE FAYETTEVILLE CODE EFFECTIVE 1,( EARLIER. K IT Mmmummom by TN am QOIIIIDL ARKANSAS OF THE CITU OF FATKTTMLL§6 ARKAN SmOdW 1: Thatch City Ca ll of Ka Cffy of Fayanchria. AMahMa hereby symondSOniadn W. 5002 to change the effective title of On newly erycted 192.32(Which was A Pertlon of E)&abl A to Ordnance SOM)dda FeyamoveN Code from October 1. 2007,m the WrnskyAllecom dna cl this ordnance. MMY aM MIIIOYCY [Ns 711 day of August. 2OD7. APPROVED: ATTEST By'. Ehr.O Ic MM . ; 00001, U"w CIOIIA L M MI. 7 v Clatk7lsaAa�se RECEIVED AUG 2 2 2007 CITY OF FAYETTEVILLE CITY CLERKS OFFICE