HomeMy WebLinkAboutOrdinance 5782ORDINANCE NO. 5782
AN ORDINANCE TO AMEND CHAPTER 92 ANIMALS OF THE
FAYETTEVILLE CITY CODE TO PROVIDE PROTECTION FOR ANIMALS
FROM BEING CONFINED IN ENCLOSED VEHICLES IN EXTREME
TEMPERATURES, TO PROHIBIT DECEPTIVE ACTS AND
MISREPRESENTATIONS REGARDING THE ORIGIN OF ANIMALS
TURNED INTO THE FAYETTEVILLE ANIMAL SHELTER, AND TO MAKE
OTHER TECHNICAL REVISIONS
WHEREAS, the City should protect animals confined in vehicles during periods of extreme
temperatures; and
WHEREAS, the Fayetteville Animal Shelter staff have experienced a large number of people
attempting to turn in animals to the shelter who are not Fayetteville residents or who found the
animal outside of the Fayetteville city limits, which creates an undue burden on shelter resources
and makes reunification much more difficult; and
WHEREAS, additional revisions to this section to clarify procedures regarding microchipping,
redemption of animals, spaying and neutering, and penalties for violations of this section will
provide clarity to staff and Fayetteville residents and also improve the efficiency of the Animal
Services program.
NOW THEREFORE, 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 enacts § 92.02(G)
of the Fayetteville City Code as follows:
92.02(G) No person shall:
(1) Confine an animal in an unattended, enclosed vehicle where the outside temperature is 70
degrees Fahrenheit or greater and the interior of the vehicle is not provided with conditioned air or
adequate ventilation to maintain an internal temperature of 100 degrees Fahrenheit or less.
(2) Confine an animal in an unattended vehicle where the outside temperature is 30 degrees
Fahrenheit or less and the interior of the vehicle is not provided with heated air to maintain an
internal temperature of at least 30 degrees Fahrenheit.
Page 2
Ordinance No. 5782
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 92.42 of
the Fayetteville City Code as follows:
92.42. Deceptive acts and misrepresentations prohibited.
(a) No person shall obtain possession or custody of any domestic animal for or on behalf of
the owner thereof for the purpose of avoiding payment of fees or penalties imposed upon the owner
by this chapter.
(b) No person shall intentionally misrepresent his or her residency to the personnel of the
Fayetteville Animal Shelter.
(c) No person shall intentionally make any misrepresentation regarding the origin of an animal
being presented to the Fayetteville Animal Shelter.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 92.23(B),
§ 92.24(A), § 92.24(D), and § 92.99(A) as shown in Exhibit "A" attached hereto and made a part
hereof.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends the terms
"destroy" or "destroyed" to "euthanize" or "euthanized" where they occur in § 92.04(B),
§92.23(B), and § 92.24(A).
PASSED and APPROVED this 7`b day of July, 2015.
APPROVED: / ATTEST:
4� By: �L.uGia & /""�
O AN, Mayor SONDRA E. SMITH, City Clerk Trcaj�wj,,,,,,
zU�
: FAYETEVILI i
p�.,y -kANs • ,
EXHIBIT A
§ 92.23(B) Whenever any animal in the animal shelter has been microchipped, it shall be the
duty of the animal control officer to notify the owner or the person to whom the microchip is
registered, if such person or owner can be found, that the animal has been taken up and placed in
the animal shelter and will be euthanized or placed for adoption within 7 days unless the fee
hereinafter prescribed is paid. If the owner or person to whom the microchip is registered 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
euthanized or placed for adoption within 7 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(A) After the expiration of seven (7) days impoundment in the case of a microchipped
animal, or the expiration of five (5) days impoundment in the case of an non-microchipped animal,
said animal shall become the property of the City, and the City shall be empowered to place for
adoption or to euthanize 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 euthanize 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.
§ 92.24(D) Pursuant to Ark. Code Ann. § 20-19-103, 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. An
adopter who fails to comply with the sterilization provision of the agreement shall be guilty of a
misdemeanor.
§ 92.99 (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 but in no case shall any penalty be less than $50.00. 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.
EXHIBIT A
§ 92.23(B) Whenever any animal in the animal shelter has been microchipped, it shall be the
duty of the animal control officer to notify the owner or the person to whom the microchip is
registered, 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 7 days unless the fee
hereinafter prescribed is paid. If the owner or person to whom the microchip is registered 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 7 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(A) After the expiration of seven (7) days impoundment in the case of a microchipped
animal, or the expiration of five (5) days impoundment in the case of an non-microchipped 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.
§ 92.24(D) Pursuant to Ark. Code Ann. § 20-19-103, 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. An
adopter who fails to comply with the sterilization provision of the agreement shall be guilty of a
misdemeanor.
§ 92.99 (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 but in no case shall any penalty be less than $50.00. 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.
City of Fayetteville, Arkansas 113 West Mountain Street
.,. ,. Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0256
Agenda Date: 7/7/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 5
AMEND CHAPTER 92 ANIMALS
AN ORDINANCE TO AMEND CHAPTER 92 ANIMALS OF THE FAYETTEVILLE CITY CODE
TO PROVIDE PROTECTION FOR ANIMALS FROM BEING CONFINED IN ENCLOSED
VEHICLES IN EXTREME TEMPERATURES, TO PROHIBIT DECEPTIVE ACTS AND
MISREPRESENTATIONS REGARDING THE ORIGIN OF ANIMALS TURNED INTO THE
FAYETTEVILLE ANIMAL SHELTER, AND TO MAKE OTHER TECHNICAL REVISIONS
WHEREAS, the City should protect animals confined in vehicles during periods of extreme
temperatures; and
WHEREAS, the Fayetteville Animal Shelter staff have experienced a large number of people
attempting to tum in animals to the shelter who are not Fayetteville residents or who found the animal
outside of the Fayetteville city limits, which creates an undue burden on shelter resources and makes
reunification much more difficult; and
WHEREAS, additional revisions to this section to clarify procedures regarding microchipping,
redemption of animals, spaying and neutering, and penalties for violations of this section will provide
clarity to staff and Fayetteville residents and also improve the efficiency of the Animal Services
program.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section L That the City Council of the City of Fayetteville, Arkansas hereby enacts § 92.02(G) of the
Fayetteville City Code as follows:
92.02(G) No person shall:
(1) Confine an animal in an unattended, enclosed vehicle where the outside temperature is 70
degrees Fahrenheit or greater and the interior of the vehicle is not provided with conditioned air
or adequate ventilation to maintain an internal temperature of 100 degrees Fahrenheit or less.
(2) Confine an animal in an unattended vehicle where the outside temperature is 30 degrees
Fahrenheit or less and the interior of the vehicle is not provided with heated air to maintain an
internal temperature of at least 30 degrees Fahrenheit.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 92.42 of the
Fayetteville City Code as follows:
City or Fayetteville, Arkansas Pagel s Priniedon"812015
File Number: 2015-0256
92.42. Deceptive acts and misrepresentations prohibited.
(a) No person shall obtain possession or custody of any domestic animal for or on behalf of the
owner thereof for the purpose of avoiding payment of fees or penalties imposed upon the owner
by this chapter.
(b) No person shall intentionally misrepresent his or her residency to the personnel of the
Fayetteville Animal Shelter.
(c) No person shall intentionally make any misrepresentation regarding the origin of an animal
being presented to the Fayetteville Animal Shelter.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 92.23(B), §
92.24(A), § 92.24(D), and § 92.99(A) as shown in Exhibit "A" attached hereto and made a part hereof.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends the terms
"destroy" or "destroyed" to "euthanize" or "euthanized" where they occur in § 92.04(B), § 92.23(B),
and § 92.24(A).
City o/Fayettevi0e, Arkansas Page 2 Printed on 9/25/2015