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0535 G ORDINANCE NO. 535 AN ORDINANCE REGULATING ANIMALS IN THE CITY OF JACKSONVILLE, AMENDING ORDINANCES 135, 219, AND 24, AND CHAPTER 6.04 OF THE MUNICIPAL CODE OF JACKSONVILLE, AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1: Ordinances Numbers 135, 219, and 24, and Chapter 6.04 of the Jacksonville MUnicipal Code are amended to read as follows: Sections: 6.04.010 6.04.020 6.04.030 6.04.040 6.04.050 6.04.060 6.04.070 6.04.080 6.04.090 6.04.100 6.04.110 6.04.120 6.04.130 6.04.140 6.04.150 6.04.160 6.04.170 6.04.180 6.04.010 Chapter 6.04 ANIMALS 1 Definitions. Number - Limitations. Confinement - On Owner's Premises. Confinement. Running at Large. Vaccination Impoundment - Disposal of Unclaimed Dog. Euthanasia of Animals. Reclaiming Dogs. Barking and Howling - Prohibited. Dogs and Cats Suspected Rabid. Pen and Premises - Sanitary Requirements. Warrant of Arrest for Violator - Procedure. Inspection and Confinement of Certain Dogs and Cats. License - Fee - TeL111 - Certificate of Vaccination. Vicious Dog - Restraint - Disposal of Diseased. Interfering With Animal Control Worker. Bitches - Confinement. Definitions. The following words and phrases shall for the pUL~ose of ,this chapter have the following meanings: A. "At Large" means any dog not confined to the premises of the owner or within a house or other building or enclosed or restrained on the premises of the owner by a leash suffi- ciently strong enough to prevent the dog from escapting and restricting the dog to the premises, or not confined within an automobile when away from the premises of the owner. B. "Dogs" when used herein include animals of all ages, both female and male, which are members of the canine or dog family. C. "Owner" means every person, firm or partnership or corporation owning, keeping or harboring a dog within the corporate limits of the city. D. "Vaccination" means an injection of any vaccine for rabies approved by the state veterinarian and administered by a licensed veterinarian. E. "Cats" when used herein include animals of all ages, both female and male, which are members of the feline or cat family. 1 (2) F. "Vicious Dog" means a dog as dete1.111ined by the animal con- troller in conjunction with a local veterinarian which has a "mean" disposition to bite humans or other animals. G. "Muzzle" when required by this article, a muzzle shall be of appropriate material with sufficient strength to restrain the dog from biting, and no such muzzle employed shall be made from any material or maintained on the dog in any manner so as to cut or injure the dog. 6.04.020 Number - Limitations. It is unlawful for any person, fiJ.lu or corporation to own, keep or harbor more than four dogs and/or cats over the age of four months within the cOL~orate limits of the city, except that this provision shall not apply to the proprietors of dog and cat hospitals and veterinarians when dogs or cats are kept upon the premises used by such dog or cat hospital and veterinarian as their n01.111al place of business. Keeping of more than four dogs or cats on the premises of the owner shall be prima facie evidence of violation of this section, and the burden of proof shall be on the owner to show the ages of such dogs or cats. 6.04.030 Confinement - On Owner's Premises. Any person owning, possessing or keeping a dog or dogs shall confine such a dog or dogs within an adequate fence or enclosure or within a house, garage or other building or shall confine such dog or dogs by a chain or leash affixed to the dog's collar and attached to some substantial stationary object adequate to pre- vent the dog or dogs from running at large. 6.04.040 Confinement - On Premises Other than That of Owner. At all times when not confined as stated in Section 6.04.030, the owner of any dog or dogs shall confine such dog or dogs by means of a leash held by some competent person to control the dog or dogs. 6.04.050 Running at Large. No person owning, possessing or keeping a dog shall allow the dog to run at large within the city. 6.04.060 Vaccination. No person shall own, keep, harbor or have control over any dog or cat in the City of Jacksonville or obtain a license for any dog or cat over the age of four (4) months unless said animal shall have been vaccinated with an anti-rabies vaccine. All such dogs or cats shall be vaccinated against rabies annually in accordance with the Arkansas Rabies Control Act. All veterinarians who are licensed to practice shall be appointed registrars of the City of Jacksonville and shall regis- ter each dog or cat that receives a rabies vaccination if such dog or cat is to be kept within the corporate limits of the City of Jacksonville. The city will furnish a four-part registration fOL111 and tags to all veterinarians who may register dogs or cats within the city. Each veterinarian shall remit to the city all monies collected for licenses at the end of each month with two copies of the registration fOLlu, except fifty cents per license to be given to the veterinarian. 91' (3) 6.04.070 Impoundment - Disposal of Unclaimed Dog. The animal control workers of the city shall take into custody any dog found at large in the city and shall impound the dog in the city animal shelter or such other place as such animal control workers may designate for pUL~ose of impoundment. Such impounded dog shall be held for a period of six days, at the end of which time the dog shall be destroyed unless custody of dog is released prior thereto under the following conditions. During the first four days of such impoundment, the animal control workers of the ci ty shall make diligent effort to deteLluine the owner of such dog and notify him of such impoundment. If the owner of such dog fails or refuses to claim and repossess such dog by the paY1l1ent of the proper fee as described herein within the first four days of such illl1:Joundment, then the animal control workers may deliver custody and possession to any person other than the owner upon the paywent of the fee as prescribed herein between the fourth day of impoundment and the sixth day of impoundment. Those dogs which the owner cannot be found and which have bitten a human shall be confined under the supervision of a veterinarian for ten days at the expense of the person who was bitten. Specific guidelines are defined in the Arkansas Rabies Control Act. Euthanasia of all dogs and cats will be done as recommended by the American Humane Society and under the supervision of a practicing Jacksonville veterinarian. Euthanasia may be per- fOLlued by the animal controller if properly administered as deteLwined by all practicing Jacksonville veterinarians. 6.04.080 Euthanasia of Animals Persons bringing animals to the shelter for euthanasia shall pay a fee according to the following schedule: 0-5 lbs ------------------ $ 5.00--------------------- 1 Animal 5-40 lbs ------------------ $10.00--------------------- 1 Animal 40 lbs or over------------- $15.00--------------------- 1 Animal This fee is to be paid if the animal is owned and an approp- riate exteLluination fOL111 is filled out. If an individual finds a stray animal and brings the animal to the shelter within three days after possession the disposition of the animal will be deter- mined by the animal control officer and the individual will not be required to pay a fee. All owners who live outside the city limits of Jacksonville will dispose of their animals through the appropriate county or city. All animals will be euthanized by approved methods of the American Humane Society. 6.04.090 Reclaiming Dogs Any person owning, possessing or keeping a dog which has been allowed to run at large and which has been impounded may claim and retrieve such dog from the city animal shelter by paying a fee of S2.00 per day plus: First offense-------------------SlO.OO Second offense------------------S25.00 Third offense-------------------~~O.OO This fee will be effective for a period of one year on the above offenses. (4) 1 The above procedures apply if the dog has been vaccinated wi thin the current year next preceding such illl1Joundment and is currently licensed as required by law. In the event the dog has not been vaccinated within a year preceding the impoundment and is not currently licensed the fee shall be as stated above plus S25.00. The burden of proof as to vaccination and licensing shall be upon the party attempting to claim the dog from the animal con- trol worker under this chapter. Any person claiming unvaccinated and unlicensed dogs shall, after the payment of the fee assessed herein and prior to the release of the dog, sign a promise in writing to the animal control officer that such person will within three days have the dog vaccinated and licensed if the animal is released to him. The animal control worker shall keep such state- ments in a safe place and should such a statement be signed and the dog be again illl1Jounded wi thout having been vaccinated and licensed as promised, then the animal control worker, prior to release, shall require a fee of one hundred dollars to be paid by the person claiming the dog and shall require another promise in writing to have the dog vaccinated and licensed before he releases the dog to the person claiming the same. Upon such subsequent illlJ?oundment of such dogs, the same not having been vaccinated and licensed, an additional fee of one hundred dollars shall be assessed. 6.04.100 Barking and Howling - Prohibited It is unlawful for any person, fiLlll or corporation to keep on his premises or under his control any dog which by loud and frequent barking and howling disturbs the peace and quiet of any person who may reside within reasonable proximity of the place where such dog is kept. 6.04.110 Dogs and Cats Suspected Rabid Any dog(s) or cat(s) having rabies, or symptoms thereof, or suspected of having rabies, or which has been exposed to rabies shall be iUllllediately released by the owner or custodian of such dog(s) or cat(s) to the police or city animal control workers for disposal or confinement in a veterinary hospital approved by the city. Such dog(s) or cat(s) shall be illllllediately and securely confined and kept under the s~pervision of a veterinarian for a period of ten days, or for a longer period of time if in the opinion of the state veterinarian confinement is determined neces- sary. The owner of the animal shall be responsible for any expenses incurred. 6.04.120 Pen and Premises - Sanitary Requirements It shall be unlawf-ul for any person, fiLlll or cOL1Joration to abandon any dog, cat or other animal within the corporate limits of the City of Jacksonville. Any person, firm or corporation desiring to in any way abandon an unwanted animal may take said animal to the animal shelter and upon relinquishment of ownership, full and complete authority is given the animal shelter to make such disposition of the animal as the shelter may deem satis- factory. It is unlawful for any person, fiLlll or corporation keeping or harboring dogs to fail to keep the premises where such dogs are kept free from offensive odors to the extent that such odors are disturbing to the person{s) residing within reasonable proximity to the premises. It is unlawf-ul to allow premises where dogs are kept to become unclean and a threat to the public health by fail- ing to diligently and systematically remove all animal waste from the premises. Ifl' (5) 6.04.130 Warrant for Arrest of Violator - Procedure The police department, health officer and animal control worker, or persons employed by such departments or persons, or any other person damaged, haLll1ed, inconvenienced or injured in any way whatever by any violation of this chapter may swear out an affidavit for a warrant for the arrest of the alleged violator. The usual procedure upon the filing of complaints in the municipal court shall govern the arrest and trial of the alleged violator. Any person failing to comply with the provisions of this article shall be deemed guilty of a misdemeanor and upon convic- tion shall be fined in any sum not less than twenty-five dollars nor more than fillve hundred dollars. 6.04.140 Inspection and Confinement of Certain Dogs and Cats When any dog or cat has bitten, scratched or otherwise attacked a person, that person or anyone having knowledge of such incident shall immediately notify the Chief of Police, health officer or animal control worker and such dog or cat shall be confined as stated in the Arkansas Rabies Control Act. One noted exception to the Arkansas Rabies Control Act is the Jacksonville City Pound will not provide quarantine facilities. Such confine- ment will be at a veterinary hospital or appropriate facilities as deteLll1ined by the animal control worker in conjunction wi th a licensed practicing veterinarian. Such facilities shall be the responsibility of the owner, or when ownership cannot be deter- mined, it shall be the person bitten. 6.04.150 License - Fee - Te.L1l1 - Certificate of Vaccination It shall be unlawful for any person, fi.Llll or -corporation to own, keep or harbor a dog or cat within the corporate limits of the city without having first paid to the city an annual license fee of three dollars and fifty cents ($3.50) each on all dogs and cats four (4) months of age or over. The license fee required by this section shall be due and payable as soon as the dog or cat attains four (4) months of age. All dogs and cats must receive annual rabies vaccination prior to paying annual license fee as outlined in Section 6.04.060. Upon payment of the license tax or fee required by this section, it shall be the duty of the city to furnish the owner of the dog or cat with a metal tag. Every dog and cat covered in this article must have and wear a collar of such type that the city license tag may be fiLwly attached to the said collar. Such tag, when issued, shall at all times be securely attached to the dog's or cat's collar or harness, and failure to keep such tag on the dog's or cat's collar shall be unlawful. The license as referred to in this section shall be effective for the year ensuing its issuance and must be renewed in each subsequent year on the same month and day it was originally issued. This license shall be non-transferrable.* It is further required that each owner or keeper of each and every dog within the cO.LVorate limits of the city shall present a certificate of rabies vaccination immunization signed by a practic- ing veterinarian in order to obtain a city dog or cat license. Said certificate must indicate the date of vaccination and the length of time immunization is effective. * License sold by local veterinary clinics will receive a rebate of SOC per license sold to cover their administrative costs. (6) II 6.04.160 Vicious Dog - Restraint - Disposal of Diseased It shall hereafter be unlawful for any person, fi.Lll1 or cor- poration to keep within the corporate limits of the city any vicious dog unless the said dog is muzzled or confined in a pen or tied on a short leash. All dogs which are known to be or are suspected of being vicious must be properly kept in an enclosure or securely tied and fastened, muzzled and chained if necessary to restrain said animal and must be restricted to the owner's premises. Printed notices shall be conspicuously displayed whereby the same may be seen by persons passing in the vicinity of where such animal may be kept. In any case where a dog bites or it is believed the dog has bitten any person or when it is running at large and is suspected of being diseased, such dog shall be taken into custody and kept for observation for any reasonable period of time when so ordered by the animal controller or person serving under his direction. When such dog is found to be afflicted with rabies or any other contagious disease, said dog shall be ordered killed by the State Veterinarian, or those persons serving under him, and they are so empowered. Such dog shall be killed in a humane manner by a veterinarian for the protection of the public health and safety. 6.04.170 Interfering with Animal Control Worker Any person who shall interfere with any animal control worker by use of force, trickery, or deceit, or who shall threaten use of force or otherwise intimidate or attempt to int1midate any animal control worker who may be carrying out or attempting to carry out his nO.L1l1al and reasonable duties hereunder, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined as provided in this section. Any person violating any portion of this article shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by assessment of a fine of not less than twenty-five dollars ($25.00) nor in excess of five hundred dollars ($500.00). 6.04.180 Bitches - Confinement All persons having dogs within the incorporated city shall be required to confine bitches owned by them or of which they have custody during the breeding season. There is no specific leash law regarding cats, but if a cat or cats is regarded as being a "nuisance" as determined by the animal controller in conjunction with a local practicing veterin- arian such cat or cats will be impounded and treated with the same type of rules and regulations that apply to dogs. ~ (7) SECTION 2. All ordinances before mentioned are hereby repealed to the extent of such conflict. APPROVED AND ADOPTED THIS 1st DAY OF February , 1979. CITY OF JACKSONVILLE, ARKANSAS 4~ ATTEST: v!i/' \... 111 '-/;} /) , J \ 1/!d:.1 i !ih~4 V711J1.rll. lfJ,Jt'zMU CITY' cLERK rt. " APPROVED AS TO FORM: ~Yo.Y~~. CITY ATTORNEY (P.AUL GJtOCE)