HomeMy WebLinkAboutORDINANCE 5875113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5875
File Number: 2016-0197
AMEND § 92.31 DANGEROUS ANIMALS AND ENACT § 92.07 INHUMANE TRAPS
PROHIBITED:
AN ORDINANCE TO AMEND § 92.31 DANGEROUS ANIMALS TO PROVIDE THE ANIMAL
SERVICES DIVISION WTH ADDITIONAL OPTIONS TO DECLARE AN ANIMAL DANGEROUS AND
ALLOW THE REHOMING OF A DANGEROUS ANIMAL WITH THE APPROVAL OF THE ANIMAL
SERVICES SUPERINTENDENT, AND TO ENACT A NEW § 92.07 INHUMANE TRAPS
PROHIBITED.
WHEREAS, the City Code currently requires behavioral observation by an Animal Control Officer before
an animal may be declared dangerous and other options should be given to Animal Services staff to further
enhance the safety of our citizens; and
WHEREAS, the City Code also prohibits the rehoming of a dangerous animal even if the Animal Services
Division determines that rehoming would be in the best interest of Fayetteville residents and the animal
itself, and
WHEREAS, following the death of a citizen's pet cat in a jaw trap that was set out by a neighbor
attempting to catch groundhogs, staff recommends enacting a prohibition on the use of inhumane traps
in the City.
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 repeals § 92.31(A) and enacts
a replacement § 92.31(A) as shown below:
"An animal may be designated by the Animal Services Division as a dangerous animal as defined in § 92.01
Definitions by any of the following procedures:
Page 1 Printed on 5118116
File Number: 2016-0197
Ordinance: 5875
1. Upon the filing of a complaint 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 Control Officer.
2. Upon the filing of a sworn affidavit with the City Prosecutor against the owner or harborer of an animal
and based on a review of the affidavit and any supporting evidence by an Animal Control Officer.
3. Following the designation of the animal as dangerous or vicious by another governmental body or
agency.
A dangerous animal shall be kept and confined in accordance with this section."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the last sentence of
§ 92.31(B) to read as shown below:
"The dangerous animal shall not be sold or given away without the written authorization of the Animal
Services Superintendent."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 92.07 Inhumane
Traps Prohibited as shown below:
"No person shall set, or cause to be set, any snare, body gripping trap, body crushing trap, deadfall
trap, leg hold trap, or any trap or snare that captures an animal other than rats and mice, by gripping or
snaring any part of the animal including its body, head, neck or limb, or that maims or causes the
inhumane death or suffering of any animal."
PASSED and APPROVED on 5/17/2016
Attest:
W,4
Sondra E. Smith, City Clerk Treasurer
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FAYEEVILLE • '�
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Page 2 Punted on 5118116
City of Fayetteville, Arkansas 113 West Mountain Street
/ Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0197
Agenda Date: 5/17/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 3
AMEND § 92.31 DANGEROUS ANIMALS AND ENACT § 92.07 INHUMANE TRAPS
PROHIBITED:
AN ORDINANCE TO AMEND § 92.31 DANGEROUS ANIMALS TO PROVIDE THE ANIMAL
SERVICES DIVISION WTH ADDITIONAL OPTIONS TO DECLARE AN ANIMAL DANGEROUS
AND ALLOW THE REHOMING OF A DANGEROUS ANIMAL WITH THE APPROVAL OF THE
ANIMAL SERVICES SUPERINTENDENT, AND TO ENACT A NEW § 92.07INHUMANE
TRAPS PROHIBITED
WHEREAS, the City Code currently requires behavioral observation by an Animal Control Officer
before an animal may be declared dangerous and other options should be given to Animal Services staff
to further enhance the safety of our citizens; and
WHEREAS, the City Code also prohibits the rehoming of a dangerous animal even if the Animal
Services Division determines that rehoming would be in the best interest of Fayetteville residents and
the animal itself; and
WHEREAS, following the death of a citizen's pet cat in a jaw trap that was set out by a neighbor
attempting to catch groundhogs, staff recommends enacting a prohibition on the use of inhumane traps
in the City.
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 repeals § 92.31(A) and
enacts a replacement § 92.31(A) as shown below:
"An animal may be designated by the Animal Services Division as a dangerous animal as defined in §
92.01 Definitions by any of the following procedures:
1. Upon the filing of a complaint 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 Control Officer.
2. Upon the filing of a sworn affidavit with the City Prosecutor against the owner or harborer of an
animal and based on a review of the affidavit and any supporting evidence by an Animal Control
Officer.
3. Following the designation of the animal as dangerous or vicious by another governmental body or
agency.
City of Fayetteville, Arkansas Page 1 Printed on 5/18/2016
File Number.' 2016-0197
A dangerous animal shall be kept and confined in accordance with this section."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the last sentence
of § 92.31(B) to read as shown below:
"The dangerous animal shall not be sold or given away without the written authorization of the Animal
Services Superintendent."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 92.07
Inhumane Traps Prohibited as shown below:
"No person shall set, or cause to be set, any snare, body gripping trap, body crushing trap, deadfall trap,
leg hold trap, or any trap or snare that captures an animal other than rats and mice, by gripping or
snaring any part of the animal including its body, head, neck or limb, or that maims or causes the
inhumane death or suffering of any animal."
City of Fayetteville, Arkansas Page 2 Printed on 511812016
Justine Lentz
City of Fayetteville Staff Review Form
2016-0197
Legistar File ID
5/17/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/13/2016 Animal Services /
Submitted By Submitted Date
Action Recommendation:
Development Services Department
Division / Department
An ordinance to amend Chapter 92 Animals to include additional methods of initiating a dangerous dog declaration
and to provide for the option of rehoming an animal declared dangerous with the approval of the Animal Services
Superintendent; and also adding a prohibition against the use of inhumane traps.
Budget Impact:
n�
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated ;= -
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments: Staff recommends approval of an ordinance to amend Chapter 92 Animals to include additional
methods of initiating a dangerous dog declaration and to provide for the option of rehoming an animal
declared dangerous with the approval of the Animal Services Superintendent and also adding a
prohibition against the use of inhumane traps.
CITY OF
n .
ay
ARKANSAS
MEETING OF MAY 17, 2016
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Yolanda Fields, Director of Community Resources
Jeremy Pate, Director of Development Services
FROM: Justine Lentz, Animal Services Superintendent
DATE: April 12, 2016
SUBJECT: Amending Chapter 92.31 Dangerous Animals Restricted
RECOMMENDATION:
Staff recommends amending Chapter 92.31 Dangerous Animal Restricted to include two
additions: The first addition would be to section (A) to allow two more ways for an animal to be
declared dangerous. The second addition would be to section (B) to allow for owners of
animals declared dangerous to be able to sell or give away the animal with prior approval from
Animal Services.
Staff also recommends amending Chapter 92 to include a provision prohibiting the use of
inhumane traps for wildlife and a definition of inhumane traps.
BACKGROUND:
Under our current ordinance, an animal may be declared dangerous only by an Animal Services
Officer with firsthand observation of the animal's behavior. Staff proposes adding two additional
ways in which a dangerous animal declaration could be made: 1) Based upon review of
affidavit/complaint and evidence submitted to the City's Prosecutor's office and, 2) Based upon
determination by another governmental unit that an animal is dangerous or vicious.
Currently, section (B) says that "The dangerous animal shall not be sold or given away." Staff
recommends changing that to allow for the animal to be sold or given away with prior approval
from Animal Services. There have been situations where the main reason for the pet's
dangerous behavior was either situational or due to carelessness on the part of the owner. This
change would allow us more flexibility with the future of the animal.
Separately from the above changes, staff would like to prohibit the use of inhumane traps.
There is currently no specific provision against the use of these traps in Fayetteville.
DISCUSSION:
Staff feels the current ordinance is too restricting. We don't want to be placed in a "waiting
game" for an animal to act dangerously in front of one of our three Animal Services Officers
when they've already been declared dangerous or vicious by another governmental entity or if a
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
citizen is willing to make a legal affidavit describing the dangerous behavior. Of course, just
because an affidavit/complaint is filed doesn't mean that Animal Services has to declare the
animal dangerous, it simply opens another avenue for review of the material.
Secondly, we would like to have the option to sell or rehome the dangerous animal opened with
prior approval from Animal Services staff. Last year, we had a case where a cattle dog was
living at a house with a low fence near a large apartment complex. The owner was not willing to
make sure the dog stayed contained, so he would get out and chase pedestrians and bite at
their heels. The judge in this case took ownership of the dog from the original owner and asked
our staff to find a more appropriate home. We were able to find the dog a home with a Veteran
who has done extensive training with him and uses him as a service animal.
Lastly, we had a situation last year where a citizen set a jaw trap (these traps use a crushing
force to ensnare or kill the animal) to catch groundhogs and instead caught his neighbor's cat,
The cat was alive when the neighbors found it, they called the animal services officer on duty
who was unable to open the trap without causing the cat even more pain. Our officer ended up
bringing the cat in the trap back to the shelter and humanely euthanized the cat due to
excessive injury and pain. It later took two officers to open the trap and remove the cat for the
owners to bury. Currently, there is nothing in the ordinance preventing the use of these
inhumane traps
BUDGET/STAFF IMPACT:
None.
Attachments:
Proposed amendments to Chapter 92 Animals
NoRTHwEsTARKANsAs
Democrat valazette
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AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord 5875
Was inserted in the Regular Edition on:
May 26, 2016
Publication Charges $ 176.80
q6a!
/ /1 ) 0
Karen Caler
Subscribed and sworn to before me
This 5 1 day of k(o,�,2016.
&W, V v, �,,
Notary Public
My Commission Expires: 0r2a f7-�,2_y-
LCATHY WILES
Arkansas - Benton County
lic - Comilla 12397118
sion Expires Feb 20, 2024
**NOTE** —�
Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
JUN 01 2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance:5875
File Number: 2016-0197
AMEND § 92.31 DANGEROUS
ANIMALS AND ENACT § 92.07
INHUMANE TRAPS PROHIBITED:
AN ORDINANCE TO AMEND § 92.31
DANGEROUS ANIMALS TO PROVIDE
THE ANIMAL SERVICES DIVISION
WTH ADDITIONAL OPTIONS TO
DECLARE AN ANIMAL DANGEROUS
AND ALLOW THE REHOMING OF A
DANGEROUS ANIMAL WITH THE
APPROVAL OF THE ANIMAL
SERVICES SUPERINTENDENT, AND
TO ENACT A NEW § 92.07 INHUMANE
TRAPS PROHIBITED.
WHEREAS, the City Code currently
requires behavioral observation by an
Animal Control Officer before an animal
may be declared dangerous and other
options should be given to Animal Services
staff to further enhance the safety of our
citizens; and
WHEREAS, the City Code also prohibits
the rehoming of a dangerous animal even if
the Animal Services Division determines
that rehoming would be in the best interest
of Fayetteville residents and the animal
itself; and
WHEREAS, following the death of a
citizen's pet cat in a jaw trap that was set out
by a neighbor attempting to catch
groundhogs, staff recommends enacting a
prohibition on the use of inhumane traps in
the City.
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 repeals §
92.31(A) and enacts a replacement §
92.31(A) as shown below:
"An animal may be designated by the
Animal Services Division as a dangerous
animal as defined in § 92.01 Definitions by
any of the following procedures:
1. Upon the filing of a complaint 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 Control Officer.
2. Upon the filing of a sworn affidavit with
the City Prosecutor against the owner or
harborer of an animal and based on a review
of the affidavit and any supporting evidence
by an Animal Control Officer.
3. Following the designation of the animal
as dangerous or vicious by another
governmental body or agency.
A dangerous animal shall be kept and
confined in accordance with this section."
Section 2: That the City Council of the City
of Fayetteville, Arkansas hereby amends the
last sentence of § 92.31(B) to read as shown
below:
"The dangerous animal shall not be sold or
given away without the written authorization
of the Animal Services Superintendent."
Section 3: That the City Council of the City
of Fayetteville, Arkansas hereby enacts a
new § 92.07 Inhumane Traps Prohibited as
shown below:
"No person shall set, or cause to be set, any
snare, body gripping trap, body crushing
trap, deadfall trap, leg hold trap, or any trap
or snare that captures an animal other than
rats and mice, by gripping or snaring any
part of the animal including its body, head,
neck or limb, or that maims or causes the
inhumane death or suffering of any animal,"
PASSED and APPROVED on 5/17/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73708740 May 26, 2016