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ORDINANCE NO. 1283 (#16 - 06)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 6.04,
6.08, 6.10, AND 6.12; DECLARING AN EMERGENCY; AND, FOR
OTHER PURPOSES.
WHEREAS, due to changes in circumstances and the need for
additional provisions to assist in better and more efficient enforcement of
animal control provisions, Jacksonville Animal Control officials are in
need of additional enforcement powers. After study and examination by
the Animal Control Committee, the following provisions are
recommended and suggested to amend and improve the Animal Control
provisions of the Jacksonville Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Jacksonville Municipal Code ~ 6.04.010 IS
hereby amended to include the following provisions:
A.
JMC S 6.04.010 - DEFINITIONS-
"Abandon" - To relinquish control and ownership, give up, or to leave
completely the control of any animal within the corporate city limits
of Jacksonville. This shall include those animals abandoned at the
Jacksonville Animal Shelter, whether impounded by the Animal
Control Authority or not.
"Animal" - Any description of vertebrate, excluding Homo sapiens.
"Animal Control Authority" - Officers of the Jacksonville Animal
Control Department, as well as members of the Jacksonville Police
Department.
"At Large" - Any animal is at large when not confined to a secure
enclosure, the premises of the owner, restrained on the premises of
the owner by a leash or chain sufficient in strength to prevent the
animal from escaping the premises, or not under the control of a
responsible adult resident of said premises. Any feline not tagged
with proper identification or not sterilized shall be considered at
large.
"Cats" - All animals of any age, male and female, which are members
of the feline or cat family.
"Confinement" - An adequate fence, enclosure, or within a house,
garage or other building, designed to confine the animal by chain of
at least Ten (10) feet or leash affixed to the animal's collar and
attached to some substantial stationary object in a humane manner
adequate to prevent the animal from running at large.
"Control" - Any animal shall be considered under control if it is
confined to the premises of its owner within a fenced space or area
sufficient to prevent the animal from escaping, is secured by a leash
or chain of sufficient strength to prevent the animal from escaping, is
confined in an auto or vehicle when away from the premises of the
owner, or is under the control of a responsible person.
"Dangerous Animal" - An animal designated as dangerous pursuant
to the standards and administrative procedures identified in this
chapter or that has been designated as dangerous or vicious
pursuant to similar standards and procedures in another
jurisdiction.
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"Dogs" - Animals of all ages, male and female, which are members of
the canine or dog family.
"Domesticated Animal" An animal shall be considered
domesticated when it is kept or maintained as a household pet, with
its owner providing food, water, and shelter of an adequate nature so
as to prevent the animal from living in the wild and hunting for food.
"Humane Manner" - Care of an animal to include, but not be limited
to, adequate heat, ventilation and sanitary shelter, and wholesome
food and water, consistent with the normal requirements and feeding
habits of the animals size, species and breed.
"Licensing Authority" Any licensed veterinary care facility
operating within or about the city limits of Jacksonville which has
registered with the Jacksonville Animal Control Department to issue
animal licenses and vaccinations.
"Muzzle" - A restraint device of appropriate material with sufficient
strength to restrain the dog from biting or harming another. The
device must be made of material and maintained in a manner so as
not to cut or injure the animal or interfere with the animal's vision or
respiration.
"Nuisance" - An animal shall be considered a nuisance if it enters,
damages, soils, defiles, or defecates on private property other than
the owner's or public walks or recreation areas; causes unsanitary,
dangerous, or offensive conditions; causes a disturbance by barking
or other noise making for excessive and/ or repeated periods of time
(during either the day and/ or night) so as to cause a disturbance to
those around the animal; disturbs, molests, attacks, or interferes
with persons in public right-of-ways or upon private property other
than its owner(s); chases vehicles; attacks domestic animals; or,
chases or attacks any member of the public.
"Owner" - Any person in custody or ownership of an animal.
Ownership can also be attributed to one who keeps or harbors an
animal or knowingly permits an animal to remain on or about
his/her premises for a period of five (5) days or longer.
"Provocation" - Any intentional or accidental act of pulling,
pinching, squeezing, kicking, hitting, or striking the animal with an
object or a part of a person's body, unless the person is responding to
an attack or an immediate threat of attack by the animal as indicated
by the animal's lunging, snarling, or baring of its teeth. Any act of
teasing or tormenting the animal, whether intentional or accidental,
will also be considered an act of provocation. Further, any act of
grabbing, touching, or holding of the animal's young or any sudden
motion toward the animal's young will also be considered
provocation, as will any act of holding, kicking, hitting, striking, or
otherwise physically harming the animal's owner or other member of
the animal owner's household. Entry into the animal's area of
confinement without the owner's presence, particularly any act of
breaking and entering or other unlawful entry into the animal
owner's residence, vehicle, or other property shall constitute
provocation.
"Responsible Person" - Any individual, corporation, partnership,
association, organization or institution commonly recognized by law
as a unit who maintains or exercises control over an animal.
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"Secure Enclosure" - Any structure, building, or compound which
confines an animal in which the animal cannot escape.
"Shelter" - Any structurally sound facility constructed for the
purpose of providing any animal(s) that is/ are habitually kept outside
or repeatedly left outside unattended shall be moisture proof with
adequate drainage, windproof with adequate ventilation, sufficiently
large enough to keep the animal(s) reasonably clean and dry, and
maintained in a manner which minimizes the risk of or the animal(s)
contracting disease, being injured, or becoming infested with
parasites.
"Sterilized" - Incapable of sexual reproduction.
"Vaccination" - An injection of any vaccine for rabies or other
diseases approved by the state veterinarian and administered by a
licensed veterinarian, veterinary clinic or hospital, a clinic or hospital
operated by a licensed veterinarian.
"Vicious Animal" - Any animal which exhibits aggressive, fierce, or
vicious behavior. Animal(s) which have attacked a person or another
domestic animal with such severity as to cause harm, physical
injury, or property damage to any degree, an animal which otherwise
jeopardizes the well being of a person or other domestic animal, or
any animal with a known propensity, tendency, or disposition to
attack without provocation will be considered vicious in nature. If an
animal has been previously designated as vicious in another
jurisdiction, it shall maintain that designation within the City of
Jacksonville.
SECTION TWO: JMC S 6.04.020 (LICENSING) shall be amended
and modified to include the following:
JMC S 6.04.020 LICENSING
A. GENERAL
1. No person shall own, keep, or harbor any animal within the
City unless such animal is licensed as herein provided.
2. The Licensing Authority shall maintain a record of all
certificates and licenses issued, and shall make such records
available to Animal Control.
3. The provisions of ACA ~ 5-62-101 et. seq., as amended, are
hereby adopted and incorporated herein.
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1.
CAT AND DOG LICENSES
(a) All cats and dogs over four (4) months of age shall be licensed
as provided herein. Application for a cat or dog license shall be made
to the License Authority and shall state the name, address, and
telephone number of the owner(s), the name, breed, color, age, sex,
sterilization status of the animal, and a certificate of rabies
vaccination issued by the Licensing Authority. Applicants shall pay
licensing fees in the amount of Five Dollars ($5.00) per year for
sterilized animals, and Thirty ($30.00) a year for non-sterilized
animals. However, the cost of a dog or cat license for a non-sterilized
dog or cat who, based on a written opinion of a duly licensed
veterinarian, is incapable of being sterilized due to a potential serious
medical risk or a serious medical condition shall be Five Dollars
($5.00). In prosecution for failure to license a dog or cat, it shall be
presumed that a non-sterilized dog or cat does not have such a
serious medical risk or condition unless written proof of such risk or
condition is provided by the animal's owner.
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(b) Any person required to obtain a cat or dog license pursuant to
subsection (a) above shall have the option, in lieu of said annual
licensing process and fees, to obtain a lifetime City cat or dog license
if said cat or dog is sterilized. To be eligible for a lifetime license, the
owner must purchase and implant an approved identification
microchip from a qualified veterinarian and provide proof of such to
Animal Control. There shall be no fee for a lifetime City license for a
sterilized dog or cat. Any person obtaining a lifetime City animal
license pursuant to this section shall still be required to maintain the
annual vaccination requirements of JMC 6.04.030.
Application must be made within Thirty (30) days after obtaining a
cat or dog over Four (4) months of age or within Thirty (30) days of
establishing residence within the City, whichever is applicable. This
requirement will not apply to a non-resident keeping such an animal
within the City for no longer than Sixty (60) days.
For registered dogs serving the disabled or government-owned dogs
used for law enforcement, licensing fees shall be waived. All other
licensing and vaccination provisions shall apply.
Other than a lifetime license, licensing periods shall be valid for one
(1) year concurrent with the animal's rabies vaccination.
Licensing authorities shall include licensed veterinarians who are
hereby empowered to collect the license fee and issue a cat or dog
license and a durable metal tag at the time the animal is vaccinated
for rabies. City cat and dog license receipts shall be collected from
such veterinarians by Animal Control on a regular basis. The
veterinarians will keep all monies collected for City license fees.
Tags must be attached to the collar or harness of the cat or dog and
be worn at all times. Tags are non-transferable from one animal to
another.
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SECTION THREE: JMC !i 6.04.030 (RABIES VACCINATION)
shall be amended and modified to include the following:
JMC !i 6.04.030 Rabies Vaccination
A. All cats and dogs over the age of Four (4) months within the City shall
be vaccinated against rabies on an annual basis by a licensed
veterinarian. Said veterinarian will issue to the owner a durable
metal tag and a certificate of vaccination of said animal, and they
shall designate on the annual rabies certificate the owner's name,
address, and telephone number, the animal's identity, sex, and date
of vaccination, and whether the animal is sterilized or non-sterilized.
B. Vaccination tags must be attached to the animal's collar or harness
and be worn at all times. Tags are not transferable from one animal
to another.
C. The State Health Director and the Animal Control officer are
authorized to adopt such other rabies control regulations as deemed
necessary for the protection of the public health and safety.
D. The Arkansas Rabies Control Act is adopted and incorporated herein.
SECTION FOUR: JMC !i 6.04.040 (RESTRAINT AND
LIMITATIONS) shall be amended and modified to include the following:
JMC !i 6.04.040 Restraint and Limitations
A. Any person owning, maintaining, possessing, or keeping a dog(s)
within the City shall confine such animal within an adequate fence,
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enclosure, or within a house, garage, or other building, or shall
confine such animal by a chain of at least Ten (10) feet or leash
affIxed to the dog's collar and attached to some substantial stationary
object in a humane manner adequate to prevent the dog(s) from
running at large. Choke collars and/or training collars are
prohibited from being used to secure a dog to stationary objects. It
shall further be the duty of any owner or keeper of any dog(s) to keep
such dog under such control so as to:
1. Prevent such dog from becoming a danger to person(s),
property, or trespassing upon another person's property
without that person's permission; and,
2. Prevent such dog from running at large upon the streets,
sidewalks, alleys, parks, or other public places of the City.
Confinement of animals for the purpose of preventing legal access in
any manner (public utility facilities, criminal activity, etc.) or doing so
in areas commonly used by the public or accessed by public offIcials
is prohibited.
Dogs will be allowed within the confined space and designated area of
the City's Dog Park within Dupree Park. However, all parties who
utilize said facilities are expected to fully comply and maintain their
animal(s) within the respective areas of the park and take appropriate
action to prevent their dog from entering any other area of Dupree
Park where animals are prohibited.
It is unlawful for any person to own, keep, or harbor more than Four
(4) cats and/or dogs over the age of Four (4) months within the
corporate limits of the City of Jacksonville. This provision shall not
apply to veterinary clinics and/or hospitals, licensed pet stores or
shops, licensed grooming shops, and licensed breeders within the
City limits. The presence of more than Four (4) cats and/ or dogs over
the age of Four (4) months on the premises shall be prima facie
evidence of violation of this section, and the burden of proof shall be
upon the owner to provide proof of the animals' respective ages.
Every female cat or dog in heat shall be kept confined in a building or
secure enclosure or in a veterinary clinic or hospital or any kennel in
such a humane manner that such female cat or dog cannot come into
contact with another cat or dog except for intentional breeding
purposes.
It shall be unlawful for any owner to allow his/her animal to enter
any food store or place where food is exhibited or prepared for sale,
except those trained animals assisting individuals with disabilities.
It is the duty of any person owning, keeping, or possessing any
animal to control such animal so as to prevent that animal from
becoming a nuisance as defined in JMC ~ 6.04.010(N). Any person
owning, keeping, or possessing an animal found to be a nuisance
shall be guilty of violating the terms of this Code.
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SECTION FIVE: JMC S 6.04.045 (DANGEROUS AND VICIOUS
ANIMALS AND BANS) shall be created and shall read as follows:
JMC S 6.04.045 Dangerous and Vicious Animals and Bans
A. GENERAL. No animal shall be allowed to cause or to
constitute a hazard or menace to the health, peace, or safety of the
community. In any circumstance where an animal bites, molests, or
injures or it is believed that the animal has bitten, molested, or
Ordinance No. 1283 (#16 - 06)
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injured any person, any animal is discovered running at large,
and/or an animal is suspected of being diseased, said animal shall
be confiscated by Animal Control; impounded in accordance with the
provisions of this Code and, if appropriate, humanely destroyed in
accordance with the provisions of this Code.
Any animal alleged to be in violation of this Code shall be confined at
the Animal Shelter or an appropriate site selected by Animal Control
until the matter is disposed of by a court of competent jurisdiction.
Said confinement shall be at the expense of the owner/custodian of
the animal that has been charged with a violation of this Code.
DANGEROUS ANIMALS. It shall be unlawful for any person to keep
within the city limits any dangerous animal, except in compliance
with the provisions of this Code. In circumstances where an animal
has been declared a vicious animal under previous animal control
provisions, said animal shall automatically be designated as a
Dangerous Animal under the terms of this Code and shall comply
with all applicable provisions of this Code.
1. GROUNDS FOR DANGEROUS ANIMAL DESIGNATION.
A animal is considered dangerous for purposes of this Code if:
a. without provocation, it attacks or bites a person
engaged in a lawful activity;
b. while off the property of its owner and without
provocation, it seriously injures another domesticated
animal; or,
c. without provocation while not on a leash and
under the control of its owner or custodian, it chases,
confronts, or approaches a person on a street, sidewalk,
or other public property in a menacing fashion such as
would put a reasonable person in fear of attack.
2. DANGEROUS ANIMAL DESIGNATION.
a. Designation: When Animal Control has cause to
believe that an animal is dangerous, authorized
Department representative(s) shall locate and declare
said animal to be a dangerous animal.
b. Notice: Within seven (7) days of declaring an
animal to be a dangerous animal, Animal Control shall
provide written notice of said declaration and underlying
reasons to the person(s) who own, keep, or otherwise
maintain said animal. The notice shall inform the owner
or custodian that a permit is required to keep and
maintain said dangerous animal within the City and of
the time period in which said person(s) shall either: i)
apply for such a permit; ii) remove said animal from the
City within ten (10) days of receipt of said notice; or, iii)
submit a written request for hearing on Animal Control's
Dangerous Animal declaration.
c. Request for Permit: The notice shall inform said
person of the option to request a permit to keep a
dangerous animal within the City. Said Request for
Permit shall be submitted to Animal Control within ten
(10) days of receipt of the Department's dangerous
animal designation. If such a request is submitted, said
person shall comply with the requirements and
provisions provided herein.
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d. Opportunity to Contest Designation: The notice
shall also inform said person(s) of the opportunity to
submit a written request for a hearing to contest the
dangerous animal designation. Any such request must
be submitted to Animal Control within ten (10) days of
receipt of the dangerous animal designation. Said
hearing(s) shall be conducted before the Mayor of the
City or his/her designated appointee within a reasonable
time from receipt of said request.
e. Status Pending Such A Hearing: Once a notice of
a dangerous animal designation has been issued, the
animal in question shall be considered as dangerous
from that time forward unless and until such time as
said declaration is overruled by the hearing officer. If a
hearing is requested, the owner shall not be required to
obtain a dangerous animal permit unless and until such
time as a hearing has been held regarding the matter and
the dangerous animal declaration is upheld by the
hearing officer.
f. Hearing: Hearings authorized under this Code
shall be conducted by the Mayor or his designated
representative(s). Said official shall act as the appeal
hearing officer, shall make his/her ruling on the basis of
a preponderance of the evidence presented at the
hearing, and shall conduct said proceedings in an
informal manner. Parties shall have the right to call and
examine witnesses, to introduce exhibits, to cross-
examine opposing witnesses, and to rebut the other
party's evidence. After listening to and reviewing all
information provided in said hearing, the decision of the
hearing officer shall be announced and then reduced to
writing, with a copy provided to both parties. Decisions
of the hearing officer are final.
g. Compliance: If the person owning, keeping,
possessing, or otherwise maintaining the animal fails to
request a hearing within the allotted time, or if the
hearing officer determines that the dangerous animal
declaration shall stand, the owner or custodian shall
comply with the requirements of this Ordinance within
ten (10) days from the date of said hearing. If the owner
or responsible party fails to do so, he/ she will be
considered to be in violation of the terms of this Code
and will be subject to citation.
IMPOUNDMENT PENDING DECLARATION. Upon
reasonable suspicion that an animal is dangerous and
poses a serious threat to public health or safety, Animal
Control may seize the animal for quarantine at a
veterinary clinic or for impoundment at Animal Control's
facility pending the dangerous animal designation
process.
PERMIT REQUIREMENTS.
a. A dangerous animal may be kept within the city
limits only so long as the owner and/or custodian
complies with all requirements and conditions of the
Dangerous Animal Permit;
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b. The owner or custodian shall pay an annual
Dangerous Animal Permit fee of One Hundred Dollars
($100.00) to Animal Control to maintain and possess a
dangerous animal within the City. All other applicable
licensing and vaccination fees must be paid as well; and,
c. In order to obtain a Dangerous Animal Permit, the
owner must provide proof of sterilization, identification
microchip implant, current rabies vaccination from a
licensed veterinarian, and two (2) photographs of the
animal in question.
CONDITIONS FOR KEEPING AND MAINTAINING A
DANGEROUS ANIMAL.
a. Confinement: No person keeping an animal
known to be dangerous shall allow the same to run at
large or to run loose on or within the premises of such
person in such a manner as to endanger the life or limb
of any person lawfully entering such premises. Every
structure or enclosure in which any dangerous animal is
kept shall be so constructed and maintained as to
prevent escape, and all reasonable precaution shall be
taken to protect the public from the animal.
All dangerous animals shall be securely confined in the
following manner: i) In the interior of a house, building,
or fully enclosed structure of which the animal cannot
exit without supervision and assistance; ii) In an
enclosed and locked dog pen, kennel, or physical
structure with minimum dimensions of Five feet by Ten
feet (5' x 101 and secure sides, bottom, and top. The
pen or physical structure must be capable of preventing
the entry of the general public, including children, and
must be capable of preventing the escape or
unintentional release of the animal; iii) All entrances to
said secure enclosure shall be secured with a key or
combination lock which would prohibit entrance by
anyone other than the owner and/ or a responsible party;
and/ or [as applicable], iv) Printed notices shall be
conspicuously displayed whereby the same may be seen
on all sides of the secure enclosure used to house said
animal, on all entrances to the property, and on all doors
to any structure on the property housing such an animal
so as to be seen by person(s) passing in the vicinity
where such an animal is kept.
b. Leash and Muzzle Requirements: The owner or
keeper of a dangerous animal shall not allow the animal
to exit the animal's house, building, kennel, pen, or
physical structure unless the animal is muzzled,
restrained by a leash sufficient to control the animal, and
under the physical control and supervision of an adult.
The muzzle must not cause injury to the animal or
interfere with its vision or respiration. However, said
muzzle must prevent the animal from biting any human
or other animal.
c. Identification: Within Ten (10) days of the
dangerous animal declaration, the owner or custodian
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shall provide Animal Control Two (2) digital color
photographs of such animal clearly showing the color
and approximate size of the animal. If unable to do so,
the owner shall allow Animal Control to photograph the
animal within said timeframe.
d. Change of Status: The owner or custodian of a
dangerous animal is responsible to notify Animal Control
immediately if the animal is unconfined, on the loose, or
has attacked a human or another domestic animal.
e. Change of Ownership: If the owner/custodian of
a dangerous animal sells, gives away, or otherwise
transfers custody of said animal, the person shall, within
Three (3) days of said transfer, provide Animal Control
with the name, address, and telephone number of the
new owner or custodian of said animal. The previous
owner is required to inform any new owner/custodian of
the animal's designation as a dangerous animal and of
the requirements and prohibitions of a dangerous animal
within the City.
VICIOUS ANIMALS
It is hereafter unlawful for any person, firm, or corporation to keep
within the City any vicious animal.
1. GROUNDS FOR VICIOUS ANIMAL DESIGNATION: An
animal is considered vicious for purposes of this section if the
animal: a) Causes death or serious physical injury to a person
engaged in a lawful activity; (b) On One (1) or more
occasions, attacks or bites without provocation a person
engaged in a lawful activity; (c) On One (1) or more occasions,
while off the property of its owner and without provocation,
seriously injures another domesticated animal; (d) Without
provocation, kills a domesticated animal; or, (e) Trains for
animal fighting or is owned or kept for the purpose of animal
figh ting.
2. NOTICE. In instances where the animal is declared
vicious, Animal Control shall, within Forty-eight (48) hours,
provide written notice to the owner/custodian of the animal
posted at the owner's or custodian's last known address that
said animal has been determined to be a vicious animal, the
reasons for the declaration, and that the animal has been
quarantined or impounded by Animal Control. The
owner / custodian shall have Five (5) days from delivery of the
notice to contact Animal Control and comply with this Code by
either: i) removing the dog from the city limits; and notify
Animal Control of the new owner's name, address, and
telephone number; ii) filing a written objection to the vicious
animal designation and request for a hearing on the matter; or,
iii) by having the animal euthanized.
3. OPPORTUNITY TO CONTEST VICIOUS DESIGNATION:
The notice shall also inform said person(s) of the opportunity to
submit a written request for a hearing to contest the dangerous
animal designation. Any such request must be submitted to
Animal Control within five (5) days of receipt of the dangerous
animal designation. Said hearing(s) shall be conducted before
the Mayor of the City or his/her designated appointee within a
reasonable time from receipt of said request.
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4. STATUS PENDING A HEARING: Once a notice of a
vicious animal designation has been issued, the animal in
question shall be considered as vicious from that time forward
unless and until such time as said declaration is overruled by
the hearing officer.
5. HEARING: Hearings authorized under this Code shall
be conducted by the Mayor or his designated representative(s).
Said official shall act as the appeal hearing officer, shall make
. his / her ruling on the basis of a preponderance of the evidence
presented at the hearing, and shall conduct said proceedings in
an informal manner. Parties shall have the right to call and
examine witnesses, to introduce exhibits, to cross-examine
opposing witnesses, and to rebut the other party's evidence.
After listening to and reviewing all information provided in said
hearing, the decision of the hearing officer shall be announced
and then reduced to writing, with a copy provided to both
parties. Decisions of the hearing officer are final.
6. COMPLIANCE: If the person owning, keeping,
possessing, or otherwise maintaining the vicious animal fails to
request a hearing within the allotted time, or if the hearing
officer determines that the vicious animal declaration shall
stand, the owner or custodian shall comply with the
requirements of this Ordinance within Five (5) days from the
date of said hearing. If the owner or responsible party fails to
do so, he/she will be considered to be in violation of the terms
of this Ordinance and will be subject to citation.
7. IMPOUNDMENT PENDING DECLARATION: Upon
reasonable suspicion that an animal is vicious and poses a
serious threat to public health or safety, Animal Control will
seize the animal for quarantine at a veterinary clinic or for
impoundment at Animal Control's facility pending the vicious
animal designation process.
8. CHANGE OF OWNERSHIP: If the owner/custodian of
a vicious animal sells, gives away, or otherwise transfers
custody of said animal, the person shall, within Three (3) days
of said transfer, provide Animal Control with the name,
address, and telephone number of the new owner/custodian of
said animal. The previous owner is required to inform any new
owner / custodian of the animal's designation as a vicious
animal and of the prohibitions of such an animal within the
City.
9. EXCEPTIONS:
A. A vicious animal shall not be considered owned or
kept within the City if said animal is brought into the City to a
licensed veterinary care facility located within the City for the
purpose of veterinary care, as opposed to boarding and only so
long as said animal remains within the City only as long as is
necessary for the completion of said veterinary care. However,
at all times said animal shall be subject to all applicable
restrictions by virtue of said animal being defined as a
dangerous or vicious animal under the terms of this Code.
B. Animals that are used regularly for law enforcement
purposes shall not be subject to the provisions of this section.
However, said animals shall be confined and maintained in
accordance the law enforcement agency's general orders.
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SECTION SIX: JMC 8 6.04.050 (MAINTENANCE OF PREMISES)
shall be amended and modified to include the following:
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JMC 8 6.04.050 Maintenance of Premises
It is unlawful for any person(s) keeping or harboring animal(s) to fail
to keep the premises where such animal(s) are kept free from offensive
odors to the extent that such odors are disturbing to any person(s) residing
within reasonable proximity of the premises. It is unlawful to allow
premises where animals are kept to become unclean and a threat to the
public health by failing to diligently and systematically remove all animal
waste from the premises.
SECTION SEVEN: JMC 8 6.04.060 (RABID ANIMALS OR
ANIMALS SUSPECTED OF BEING RABID) shall be amended and modified
to include the following:
I
JMC 8 6.04.060 Rabid Animals or Animals Suspected of Being Rabid.
1. Every veterinarian shall report promptly to Animal Control all cases
of rabies in any animal(s) treated by him/her, providing Animal
Control with the name and address of the owner(s) as well as the
name(s) and address(es) of any animal(s) or human(s) known to be
bitten by such rabid animal.
2. Any person having knowledge that an animal, domestic or wild, is
rabid, has reason to suspect or believe an animal has rabies, or has
knowledge that a person has been bitten by a rabid animal shall
promptly report such information, to the extent known, to Animal
Control.
3. It shall be the duty of the owner, the Animal Control Department, or
the person or agency gaining such information that a person has
been bitten or likely infected with rabies to quarantine the animal in
the Animal Control Shelter, at a veterinary hospital within the City,
or within an enclosure approved by the Animal Control Officer. The
suspected animal shall be held for observation for a period no less
than Ten (10) days or longer if, in the opinion of the state
veterinarian, confinement is necessary to determine whether the
animal is infected with rabies. The owner of the suspected animal
shall be responsible for any and all expenses incurred to complete
said confinement.
SECTION EIGHT: JMC 8 6.04.070 (CRUELTY TO ANIMALS)
shall be amended and modified to include the following:
I
JMC 8 6.04.070 Cruelty to Animals
1. It shall be unlawful for any person to:
(a) Overdrive, overload, overwork, torture, beat, mutilate, kill
needlessly, carry or confine in a vehicle in an inhumane manner, or
otherwise mistreat, any animal;
(b) Fail to provide any animal with proper food, drink, protection from
the elements, or proper veterinary care;
(c) Abandon any animal within the corporate limits of the City;
(d) Intentionally poison any animal;
(e) Allow or promote any fight between animals or to allow or permit
any such fight in or upon any premises in his possession or under
his control;
Ordinance No. 1283 (# 16 - 06)
Page Eleven
OOO:lJ14
I
(fl Allow an animal to be kept or maintained in unsanitary conditions
and/or in other than a humane manner; and/or,
(g) When confining any animal by chain, confining such animal by a
chain of no less than Ten feet (101 sufficient to the animal's weight
and strength with the chain shall be affixed to the animal's collar,
and the chain shall be attached to some substantial stationary object
adequate to prevent the animal from running at large.
2. Animal Control may remove any animal kept or confined under such
conditions and may impound such animal pursuant to the provisions of
this Code. The animal seized shall be impounded and not released unless
and until:
(a) The owner of the animal, who shall not be charged, claims the
animal from the Animal Shelter; or
(b) The owner of the animal, who was charged and is found guilty,
claims the animal from the animal shelter.
3. If any owner or custodian of such impounded animal pleads guilty,
nollo contendre, or is found guilty of the charge of Cruelty to Animals, the
animal shall automatically become the property of the Jacksonville Animal
Shelter for adoption to the public or euthanization, whichever is
appropriate.
SECTION NINE: JMC !i 6.04.080 (IMPOUNDMENT) shall be
amended and modified to include the following:
I
JMC !i 6.04.080 Impoundment
1. Any animal at large or otherwise in violation of the provisions of this
Code may be impounded in the Animal Shelter in a humane manner
for a period of not less than Five (5) days. If an animal so impounded
has not been reclaimed by its owner in accordance with the
provisions of this Code and the appropriate timeframe, such animal
shall become the absolute property of Animal Control, which may
convey ownership of such animal to any responsible person on such
conditions as Animal Control may prescribe or, if circumstances
warrant such, Animal Control may humanely destroy said animal.
2. Animal Control shall make a reasonable effort to notify the owner of
any animal impounded in the Animal Shelter that the animal has
been impounded, of the manner in which the animal may be
reclaimed, and that the animal may be destroyed or become the
property of Animal Control as provided herein.
3. Notwithstanding any provision of this Code to the contrary, Animal
Control may refuse to release any animal impounded in the Animal
Shelter for contagious diseases other than rabies quarantined or for
use as evidence in a criminal prosecution for such time period as
Animal Control determines necessary.
4. Notwithstanding any provision of this Code to the contrary, Animal
Control may humanely destroy any animal impounded in the Animal
Shelter when Animal Control and a veterinarian reasonably believe
that the animal has sustained an injury or disease which is likely to
result in maiming, prolonged and severe suffering or death of the
animal, or when it is necessary to prevent disease or injury to other
animals or to humans due to over crowding in the Animal Shelter, or
upon occurrence of any other such threatening condition.
I
Ordinance No. 1283 (#16 - 06)
Page Twelve
0001.45
SECTION TEN: JMC Ii 6.04.090 (RECLAIMING IMPOUNDED
ANIMAL) shall be amended and modified to include the following:
I
JMC Ii 6.04.090 Reclaiming Impounded Animal
1. Any person owning, possessing or keeping an animal which has been
allowed to run at large and which has been impounded by Animal
Control may claim and retrieve such animal from Animal Control by
paying a fee ofTen Dollars ($10.00) per day, plus:
(a) Licensed, vaccinated, and sterilized animals:
First Offense $ 15.00
Second Offense $ 25.00
Third Offense $ 50.00
Subsequent offenses $ 75.00
(b) Unlicensed, unvaccinated, or non-sterilized animals:
First Offense $ 30.00
Second Offense $ 50.00
Third Offense $100.00
Subsequent Offenses $150.00
(c) Animals impounded for quarantine or prosecution purposes:
Ten Dollars ($10.00) per day
2. The owner of an animal impounded in the Animal Shelter shall be
liable for the foregoing fees and charges, notwithstanding the
euthanization or adoption of the animal.
SECTION ELEVEN: JMC Ii 6.04.100 (ADOPTION) shall be
amended and modified to include the following:
I
JMC Ii 6.04.100 Adoption
1. Animal Control may convey ownership or permit adoption of any
animal which has become the property of Animal Control to a
responsible person, subject to such conditions and requirements as
may be prescribed by Animal Control, including, without limitation,
the following:
(a) Payment of a Fifty-five Dollars ($55.00) adoption fee and receipt
by Animal Control of a statement by the adopting party that
the animal will be licensed, vaccinated, and sterilized within a
Thirty (30) day period. Animal Control may, upon good cause
shown by the adopting party, grant an extension of time for
vaccination and/ or sterilization not to exceed Thirty (30) days.
This statement of Agreement shall be binding, and failure to
comply with its terms constitutes a violation of this Ordinance.
In that event, the animal shall be returned to Animal Control
and ownership of said animal shall automatically revert to
Animal Control. The party may also be prosecuted for violation
of this Code;
(b) Evidence satisfactory to Animal Control must be presented that
the animal has, or will be, examined by a veterinarian and
vaccinations against rabies or other disease administered;
(c) A certificate of adoption for sterilization will be given to the
adopting party. The adopting party will provide the certificate
to the veterinary clinic when presenting the animal for
sterilization, and the clinic will return said certificate to Animal
Control for payment of sterilization services performed on said
animal.
I
Ordinance No. 1283 (#16 - 06)
Page Thirteen
0001.i=t6
SECTION TWELVE: JMC 8 6.04.110 (RELINQUISHMENT OF
UNWANTED ANIMAL) shall be amended and modified to include the
following:
I
JMC 8 6.04.110 Relinquishment of Unwanted Animal
A. If an owner of an unwanted animal is unable to find a suitable home,
or dispose of animal through legal channels, ownership of animal
may be relinquished to Animal Control for a fee of Twenty Dollars
($20.00) after meeting the following requirements:
1. Attempting to find a home for the animal through family and
neighbors;
2. Listing the animal in a local newspaper and providing a copy of
said ad to Animal Control; and,
3. Contacting the Pulaski County Humane Society to obtain
assistance in locating a home for said animal.
B. Animals from outside the City will not be accepted by Animal Control.
Persons having control of said animals (stray or owned) will dispose
of said animal through their county, local authorities, or private
veterinarian.
SECTION THIRTEEN: JMC 8 6.04.120 (ENFORCEMENT AND
PENALTIES) shall be amended and modified to include the following:
I
JMC 8 6.04.120 Enforcement and Penalties
A. Enforcement Responsibility - The provisions of this Code shall be
enforced by Animal Control and by the Jacksonville Police
Department.
B. Equipment - Animal Control is authorized to employ any equipment
it deems necessary to enforce the provisions of this Code. Animal
Control may, subject to conditions, lend traps to private citizens for
the purpose of preventing nuisances resulting from animals at large.
C. Interference - No person shall interfere with, hinder, or molest Animal
Control official(s) in the performance of his/her duties or seek to
release any animal in the custody of Animal Control.
D. Citations - Animal Control and Jacksonville Police Department
officers are hereby authorized to issue a citation to any person for
violation of any provision(s) of this Code. The citation shall be in a
form approved by the Jacksonville District Court, shall designate the
offense charged, and shall require the person so charged to appear
before the Jacksonville District Court on a certain date and time to
answer the charges therein contained.
E. Warrant(s) - Any person damaged, harmed, inconvenienced, or
injured in any way whatsoever by any violation of this Code may
swear out an Affidavit of Warrant for the arrest of the alleged violator
by contacting the City Attorney's office. Any person failing to comply
with any of the provisions of this Code shall be subject to the fines
imposed under this section of the Code or as authorized under
Arkansas law.
F. Penalties for Violations:
1. DANGEROUS OR VICIOUS ANIMALS:
The owner or custodian of any dangerous or vicious animal with a
propensity for viciousness which allows said animal to run at large or
does not properly restrain said animal in accordance with the terms
of this Code shall be guilty of a misdemeanor and upon conviction
shall be fined as follows:
I
Ordinance No. 1283 (# 16 - 06)
Page Fourteen
OOO:t~17
I
Licensed Animal
Fines
First Violation $100.00
Second Violation $200.00
Third Violation $300.00
Fourth Violation $400.00
Subsequent Violations $500.00
2. CRUELTY TO ANIMALS:
A person convicted of Cruelty to Animals shall be guilty of a
misdemeanor and punished by a fine of no less than One Hundred
Dollars ($100.00) and no more than One Thousand Dollars
($1000.00), with no more than One (1) year in jail.
3. OTHER VIOLATIONS:
Any person violating any other provision of this Code shall be deemed
guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not less than Twenty-five Dollars ($25.00) nor more than Five
Hundred ($500.00). Each separate day the violation exists shall
constitute a separate offense.
4. HOUSING FEE:
A fee of Ten Dollars ($10.00) per day shall also be assessed for any
day that said animal is under Animal Shelter care, together with any
applicable court costs imposed by the Court.
5. EUTHANIZATION:
Nothing in this Section shall be construed to prohibit the District
Court from ordering the animal humanely destroyed if it finds such
destruction to be in the best interests of the citizens of the City of
Jacksonville.
Unlicensed Animal
Fines
$200.00
$400.00
$600.00
$800.00
$1000.00
I
SECTION FOURTEEN: JMC S 6.08.010 (SWINE) shall be amended
and modified to include the following:
JMC S 6.08.010 Swine
It is unlawful to maintain or keep at any time any hogs, pIgS, or
swine within the corporate limits of the City.
SECTION FIFTEEN: JMC S 6.08.020 (LIVESTOCK - LOCATION
RESTRICTIONS) shall be amended and modified to include the following:
JMC S 6.08.020 Livestock - Location restrictions
It is unlawful to keep cows, goats, sheep, horses, or other large
animals of the hoofed variety unless such animals are situated within a lot
or pen of an area of not less than One-half (1/2) acre, which lot or pen shall
not be closer than One Hundred Feet (1001 to any residence other than
that of the owner of the livestock and not closer than One Hundred Feet
(1001 to any business or residence regularly used.
I
SECTION SIXTEEN: JMC S 6.08.030 (SMALL ANIMALS AND
FOWL - COMPLIANCE WITH REGULATIONS) shall be amended and
modified to include the following:
JMC S 6.08.030 Small Animals and Fowl Compliance with
Regulations
Small animals, such as rabbits and guinea pigs, and fowls, such as
chickens, pigeons, turkeys, roosters, and the like may be kept within the
Ordinance No. 1283 (#16 - 06)
Page Fifteen
0001.4B
City limits subject only to applicable regulations contained in this Code. In
all circumstances, such fowl shall be maintained no closer than One
Hundred Feet (1001 from any residential structure or public street.
I
SECTION SEVENTEEN: JMC !i 6.08.040 (SMALL ANIMALS
AND FOWL - HOUSING - FLOOR SPACE) shall be amended and modified
to include the following:
JMC !i 6.08.040 Small Animals and Fowl - Housing - Floor Space
All such animals and fowl must be provided with adequate housing.
Floor space in such houses must have the following:
A. Rabbits and other such Four-legged, fur-bearing animals, Four
square feet (4 SF) per animal over Four (4) months of age;
B. Turkeys, Four square feet (4 SF) per bird over Four (4) months
of age;
C. Chickens, pigeons and other similar fowl, Two square feet (2
SF) per bird over Four (4) months of age;
SECTION EIGHTEEN: JMC !i 6.08.050 (SMALL ANIMALS AND
FOWL - HOUSING - DISTANCE FROM BUSINESS ESTABLISHMENTS
AND RESIDENCES) shall be amended and modified to include the
following:
I
JMC !i 6.08.050 Small Animals and Fowl - Housing - Distance from
Business Establishments and Residences
All pens or yards where such animals are kept shall be placed the
following minimum distances from any business establishment and/ or any
residence other than that of the owner of said animals or fowl:
A. Rabbits - One Hundred Feet (1001
B. All other animals -- One Hundred Feet (1001
SECTION NINETEEN: JMC!i 6.08.060 (FEED STORES AND
POULTRY HOUSES - KEEPING OF ANIMALS) shall be amended and
modified to include the following:
JMC !i 6.08.060 Feed Stores and Poultry Houses - Keeping of Animals
Feed stores may keep poultry and animals for demonstration
purposes provided same are kept inside the business building and comply
with all sanitary regulations provided in this chapter. Poultry houses may
keep fowls for sale provided same are kept inside the business building and
comply with all the sanitary regulations provided in this chapter.
SECTION TWENTY: JMC!i 6.08.070 (HOUSING AND PENS -
DISPOSAL OF MANURE) shall be amended and modified to include the
following:
I
JMC !i 6.08.070 Housing and Pens - Disposal of Manure
It is unlawful for any person having authority to control the use of
any stable, pen, lot, shed, stall or other place where animals, livestock, or
fowls are kept to allow the same to become filthy, malodorous or
unsanitary. Every person who owns or keeps such animals, livestock, or
fowl shall maintain in connection therewith a garbage can, bin, or pit in
which the manure from such animals shall be placed pending removal from
the premises. Such garbage can, bin, or pit shall be provided with covers
or other devices, approved by Animal Control, and sufficient to prevent the
Ordinance No. 1283 (# 16 - 06)
Page Sixteen
0001.49
I
ingress and egress of flies and other insect pests. Said garbage can, bin or
pit shall be located at a point most remote from the house of the nearest
neighbor or the nearest business building and most remote from any street
or avenue, while remaining on the premises of the owner. All persons
controlling such places where animals or fowls are kept shall remove all
manure from such garbage cans, bins, or pits before same becomes
malodorous or unsanitary.
It is further provided, however, that any person may use said manure
upon his premises for the purpose of enriching his own ground or for any
other purpose to which manure can properly be put when the same is not
offensive or unsanitary.
SECTION TWENTY-ONE: JMC!!i 6.08.080 (HOUSING AND
PENS - DRAINAGE) shall be amended and modified to include the
following:
JMC S 6.08.080 Housing and Pens - Drainage
All places wherein any animals covered by this chapter are kept shall
have adequate drainage sufficient to prevent standing water in yards or
pens. Duck ponds shall be drained and cleaned regularly.
SECTION TWENTY -TWO: JMC S 6.08.090 (HOUSING AND
PENS - LIME COVERING) shall be amended and modified to include the
following:
I
JMC S 6.08.090 Housing and Pens - Lime Covering
All yards or pens wherein livestock is kept shall be regularly covered
with lime or other suitable chemical agents as may be approved by Animal
Control so as to prevent odors, nuisances, for unsanitary conditions.
SECTION TWENTY-THREE: JMC S 6.08.100 (HOUSING AND
PENS - PENALTY FOR VIOLATION) shall be amended and modified to
include the following:
JMC S 6.08.100 Housing and Pens - Penalty for Violation
Any condition failing to meet such regulations and regulations of
JMC ~ 6.08.040 - 6.08.090 shall be deemed a nuisance, and the person
allowing such nuisance to exist shall be punished as provided herein.
SECTION TWENTY-FOUR: JMC S 6.08.110 (LIVESTOCK AT
LARGE - PROHIBITED) shall be amended and modified to include the
following:
I
JMC !!i 6.08.110 Livestock at Large - Prohibited
No horse, mule, mare, colt, jack, jenny, swine, cow, sheep, goat, or
any other livestock of any kind shall be allowed to run at large within the
City. It is unlawful for the owner or person in charge of any of the animals
above mentioned to allow any of such animals to run at large within the
City contrary to the provisions of this Code.
SECTION TWENTY-FIVE: JMC S 6.08.120 (LIVESTOCK - AT
LARGE - IMPOUNDMENT) shall be amended and modified to include the
following:
Ordinance No. 1283 (# 16 - 06)
Page Seventeen
OOO~t50
JMC !i 6.08.120 Livestock at Large - Impoundment
Whenever any such animal or livestock as set forth in Section
6.08.110 is found to be running at large within the limits of the City, the
same shall be impounded.
I
SECTION TWENTY-SIX: JMC!i 6.08.130 (IMPOUNDED
LIVESTOCK - NOTICE TO OWNER - RECLAIMING) shall be amended and
modified to include the following:
I
JMC S 6.08.130 Impounded Livestock - Notice to Owner - Reclaiming
A. Notice to Owner - Whenever Animal Control takes charge of any
animal of the kind set forth within JMC S 6.08.110 for the purpose of
impounding the same, Animal Control shall make a reasonable effort
to notify the owner of such animal, if known, that the animal has
been impounded and of the manner in which the animal may be
reclaimed.
Reclaiming - Any person owning, possessing, or keeping an animal
which has been allowed to run at large and which has been
impounded by Animal Control may claim and retrieve such animal
from Animal Control by paying a fee of Ten Dollars ($10.00) per day,
together with any damage done by said animal and/or cost incurred
in keeping and maintaining said animal, together with court costs
and a fine of no less than:
First Offense
Second Offense
Third Offense
Subsequent Offense(s)
B.
$ 50.00
$ 75.00
$100.00
$250.00
SECTION TWENTY-SEVEN: JMC S 6.08.140 (IMPOUNDED
LIVESTOCK - UNCLAIMED - DISPOSAL) shall be amended and modified
to include the following:
JMC S 6.08.140 Impounded Livestock - Unclaimed - Disposal
If the owner of such animal fails or refuses to claim and repossess
such animal by the payment of the proper fee assessed, Animal Control
may, after a period of Five (5) days, convey ownership of such animal which
has become the property of Animal Control to a responsible person subject
to such conditions as may be prescribed by Animal Control, or Animal
Control may have such animal humanely euthanized.
SECTION TWENTY-EIGHT: JMC S 6.08.150 (SMALL ANIMALS
AND FOWL - RUNNING AT LARGE - PROHIBITED) shall be amended and
modified to include the following:
I
JMC S 6.08.150 Small Animals and Fowl Running at
Large-Prohibited
It is unlawful for any person, firm, or corporation to permit small
animals or fowl to run at large within the corporate limits of the City.
SECTION TWENTY-NINE: JMC!i 6.08.160 (SMALL ANIMALS
AND FOWL-RUNNING AT LARGE - IMPOUNDMENT - FEES) shall be
amended and modified to include the following:
Ordinance No. 1283 (# 16 - 06)
Page Eighteen
0001.S1
I
JMC S 6.08.160 Small Animals and Fowl - Running at Large-
Impoundment- Fees
Any small animal, chicken, or other fowl prohibited from running at
large by this ordinance which trespasses upon the property of persons used
as a residence may be impounded by Animal Control. The owner(s) of said
chickens, small animals, or fowl, if known, must be notified and such
owner shall be entitled to possession thereof upon the payment of the fees
hereinafter provided and the damage done by such animals, chickens, or
fowls. The fees for each such animal, chicken, or fowl will be Ten Dollars
($10.00) per day.
SECTION THIRTY: JMC S 6.08.170 (SMALL ANIMALS AND
FOWL -UNCLAIMED -DISPOSAL) shall be amended and modified to
include the following:
JMC S 6.08.170 Small Animals and Fowl - Unclaimed - Disposal
If the owner of the animals of fowls impounded, after being notified
thereof, neglects to pay the fees and damages, Animal Control may, after a
period of not less than Five (5) days, dispose of the small animals, chicken,
or fowl in the most humane and feasible means possible.
SECTION THIRTY-ONE: JMC S 6.08.180 (DISEASED ANIMAL
- KEEPING PROHIBITED) shall be amended and modified as follows:
I
JMC S 6.08.180 Diseased Animal - Keeping Prohibited
It is unlawful for any person to have and keep any animal, species of
livestock, or fowl infected with a disease which may contaminate other
animals, livestock, fowl, and/or which may be a health hazard to the
public.
SECTION THIRTY-TWO: JMC S 6.08.190 (DISEASED ANIMAL
- TREATMENT OR DISPOSAL) shall be amended and modified to include
the following:
JMC S 6.08.190 Diseased Animal - Treatment or Disposal
Any livestock, animals, or fowl within the limits of this City when said
disease is discovered, shall immediately be treated or humanely destroyed
and disposed of under the direction or order of the Animal Control Officer:
provided such animal, livestock, or fowl has been diagnosed by competent
veterinarian inspection to bear such infection. Any veterinarian may enter
the premises of the owner of such livestock, animal, or fowl upon request
by City authorities for the purpose of making such inspection when such
disease is suspected without being guilty of any form of trespass.
SECTION THIRTY-THREE: JMC S 6.08.200 (DEAD OR
DISEASED ANIMALS - PROMULGATION OF RULES AND REGULATIONS)
shall be amended and modified to include the following:
I
JMC S 6.08.200 Dead or Diseased Animals - Promulgation of Rules
and Regulations
Animal Control is ordered, directed, and authorized to make and
promulgate such suitable regulations not in conflict with this Code as
necessary to govern the care of disposition of any dead or diseased animal,
livestock, or fowl found within the limits of this City.
Ordinance No. 1283 (#16 - 06)
Page Nineteen
000:lS2
SECTION THIRTY-FOUR: JMC!i 6.08.210 (MAINTENANCE OF
PREMISES AND DISTURBING NOISES) shall be amended and modified to
include the following:
I
JMC !i 6.08.210 Maintenance of Premises and Disturbing Noises
An owner of fowl shall maintain his premises in such a manner as
not to constitute either a private nuisance to adjoining property owners or a
nuisance to the public generally. Pens in which fowl are confined or
maintained shall be cleaned regularly so that they are kept free of offensive
odors which would disturb any person residing within a reasonable
distance of said premises, and the fowl themselves shall be restrained in
such a fashion that noise emanating from them will not be disturbing to
such persons and for the public.
SECTION THIRTY-FIVE: JMC!i 6.08.220 (ENFORCEMENT
AND PENALTIES) shall be amended and modified to include the following:
JMC !i 6.08.220 Enforcement and Penalties
Any person found guilty of any of the above provisions of this Chapter shall
be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than Twenty-five Dollars ($25.00) nor more
than Five Hundred Dollars ($500.00) for each such offense. If such
violations continue, each separate day the violations exist shall constitute a
separate offense.
I
SECTION THIRTY-SIX: JMC!i 6.10.010 (KEEPING BEES
UNLAWFUL - EXCEPTION) shall be amended and modified to include the
following:
JMC!i 6.10.010 Keeping unlawful- Exception
It is unlawful to keep bees andf or beehives unless such bees or
beehives are located more than Two Hundred Feet (200') from the nearest
residence, business, or industrial structure other than that of the owner of
the bees or beehives.
SECTION THIRTY-SEVEN: JMC !i 6.10.020 (NUMBER OF
HIVES ALLOWED) shall be amended and modified to include the following:
I
JMC !i 6.10.020 Number of hives allowed
If the beekeeper's property is less than One (1) acre, there shall be a
limit of Two (2) hives, which shall be allowed on said property. If the
beekeeper's property exceeds One (1) acre, there shall be no limit to the
number of beehives that shall be allowed on said property. However, the
number of, placement of, or manner of keeping bees and beehives shall not
be allowed to become a nuisance to other persons in the enjoyment of their
own property. Any unreasonable interference with the rights of other
persons in the enjoyment of their property or any violation of the provisions
of this chapter shall be a violation of this Code and constitutes a
misdemeanor. Any violations shall be prosecuted by the aggrieved party
filing for an Affidavit of Warrant for the violator with the City Attorney.
SECTION THIRTY-EIGHT: JMC !i 6.10.030 (COMPLIANCE
REQUIRED) shall be amended and modified to include the following:
Ordinance No. 1283 (#16 - 06)
Page Twenty
000153
I
JMC S 6.10.030 Compliance Required
Any existing beekeeper not in compliance with the preceding sections
at the time of their enactment shall be allowed Thirty (30) days within
which to comply with all provisions. After such period of time, any
aggrieved party may pursue prosecution of any beekeeper who is not in full
compliance herewith.
SECTION THIRTY-NINE: JMC S 6.12. (WILD ANIMALS) shall
be amended and modified to include the following:
JMC S 6.12.010 Hunting Prohibited
It is unlawful for any person to hunt, chase, shoot, wound, kill, net,
trap, snare or in any manner whatsoever catch any deer, beaver, otter,
bear, elk, buffalo, squirrel, wild rabbit or any other wild, fur-bearing
animal, prairie chicken, wild turkey, partridge, quail, dove, wild goose, wild
duck, coot, gallinules, raccoon, snipe, woodcock, homing pigeon, songbird,
and/ or any other wild animal/bird within the City limits.
I
JMC S 6.12.020 Keeping Wild Animals Prohibited
A. Definition. As used in this article, the term wild animal
shall mean any mammal, amphibian, reptile, or fowl of a species that
is wild by nature and that, because of its size, vicious nature, or
other characteristics, is dangerous to human beings. Such animals
shall include, but not be limited to lions, tigers, leopards, panthers,
bears, wolves, cougars, coyotes, raccoons, skunks (whether odorized
or not), apes, gorillas, monkeys of any species, foxes, elephants,
rhinoceroses, alligators, crocodiles, caymans, fowl larger than a
macaw, all forms of venomous reptiles, and any snake that will grow
to a length greater than Eight feet (81- The term shall also include
any animal listed as an "Endangered Species" under the Federal
Endangered Species Act of 1973, as amended, or any fowl protected
by the federal Migratory Bird Treaty Act. The term wolf shall be
defined by ACA ~ 20-19-401, et seq. The term wild animal shall not
include gerbils, hamsters, guinea pigs, mice, and domesticated
rabbits.
B. Violations and Penalties. It is hereby declared to be
unlawful for a person to own, possess, keep, or harbor a wild animal
within the City. Any person convicted of violating this section shall
be fined not more than Five Hundred Dollars ($500.00). If the
violation in its nature is continuous in respect to time, the fine shall
not exceed more than Two Hundred Fifty Dollars ($250.00) per day.
Additionally, the Court adjudicating said matter shall either: (1)
order the animal to be surrendered to competent authority for
release in an appropriate habitat or for other lawful disposition; or,
(2) order the humane destruction of the animal.
C. Affirmative Defenses. No person shall be convicted of
violating this section if such person can establish a defense listed in
this subsection by a preponderance of the evidence:
1. Zoos, Circuses, or Animal Sanctuaries. This section shall
not apply to any zoo, circus, or animal sanctuary complying
with applicable laws and regulations and keeping such wild
animals for the education and entertainment of the public;
2. Domestic Animals. This section shall not apply to
domestic dogs and cats that have been duly licensed and
properly treated with a vaccine which the compendium of
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Ordinance No. 1283 (#16 - 06)
Page Twenty-one
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animal rabies prevention has established is capable of
effectively preventing the spread of rabies in the applicable
specIes.
D. Liability for Wild Animal Attacks. Any person who
owns, keeps, harbors, or possesses a wild animal that attacks a
person causing harm to person or property or exhibits vicious or
ferocious behavior towards a person causing fear shall be guilty of
a violation. It is an affirmative defense to this subsection that the
animal was provoked. Any Court adjudicating said matter shall
either: (1) order the animal to be surrendered to competent
authority for release in an appropriate habitat or for other lawful
disposition; or, (2) order the humane destruction of the animal.
SECTION FORTY: Any and all Ordinances, Resolutions,
or Regulations in conflict herewith are hereby repealed to the extent of said
conflict.
SECTION FORTY-ONE: To provide more effectively for the
comfort, safety, and welfare of our citizens and in the operation of our
Animal Shelter, an emergency is hereby declared to exist. This Ordinance
shall take effect immediately upon passage and publication, as provided by
and subject to the requirements of applicable law.
APPROVED AND ADOPTED THIS ~~
DAY OF JUNE, 2006.
CITY OF JACKSONVILLE, ARKANSAS
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TOMMY SW I1V1, MAYOR -
ATTEST:
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Ordinance No. 1283 (#16 - 06)
Page Twenty-two