Loading...
0135 • • ORDINANCE NO. 1.3•5 AN ORDINANCE PRESCRIBING CERTAIN RULES AND REGULATIONS WITH RESPECT TO THE CARE AND SEEPING OF DOGS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; REQUIRING DOGS TO BE PLACED ON A LEASH WHEN NOT CONFINED WITHIN A YARD, - BUILDING OR OTHER ENCLOSURE; PROVIDING FOR THE KEEPING OF DOGS PICKED UP BY ANIMAL CONTROL WORKERS; AND PRO- VIDING A PENALTY AND CALLING AN FEJECTION HEREON. NOW, THEREFORE, BE IT ORDAInD ay THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: THAT SECTION 1. Definitions. The following words and phrases shall for the purpose of this Ordinance have the following meaning: A. Dogs. When used herein shall include animals of all ages, both female and male, which are members of the canine or dog family. B. Owner. Every person, firm or partnership or corpora- tion owning, keeping or harbouring a dog, within the corporate limits of the City of Jacksonville. / C. At large -- Any dog not confined to the premises of the owner or within a house or other building, or enclosed or res- trained on the premises of the owner by a leash sufficiently strong to prevent the dog from escaping and restricting the dog to the premises, or not confined by leash or confined w ithin an automobile when away from the promises of the owner. SECTION 2. NUMBER OD DOGS. It shall hereafter be unlaw- ful for any person, firm or corporation to own, keep or harbour more than four dogs over six months old within the corporate limits of the City, except that this provision shall not apply to the proprietors of dog hospitals and veterinarians when dogs are kept upon the premises used by such dog hqspital and veteri- narians as their normal place of business. Keeping, on the premises of the owner, of more than four dogs shall b. 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. SECTION 3. CONFINEMENT OF DOGS. Sixty.(60) days after the passage and approval of this Ordinance, any person owning, possessing, or keeping a deg or dogs whether vaccinated or un- vac &i.natsd, licensed or unlicensed, shall confine suoh 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 • .2 a - chafe or leash affixed to the dog's collar and attached t9 • some substantial stationary object adequate to prevent the dog, or dogs, from running at large. SECTION 4. CONFINEMENT T OTHER THAN ON PREMISES OF OWNER. • At all times when not confined as stated on Section 6, the owner of any dog or dogs shall confine such dog or dogs within an automobile or by having vne end or a rope or leash affixed to some substantial stationary object, or held by some person competent to control such dog or dogs. SECTION 5. RIMING AT LARGE -- No person owning, possessing or keeping a dog shall allow the same to run at large within the City of Jacksonville. SECTION 6. IMPfIJNDING OF DOGS, DESTEMING OF DOGS. (j.:9 The Animal Control workers of the City of Jacksonville shall take into custody any dog found at large in the City of Jacksonville, and shall impound the dog in the City Animal Shelter or such other place as such Animal Control workers may designate for pur- pose of impoundment. Such impounded dog shall be held for a period of ten (10) 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 six (6) days of such impoundment the Animal Control_ workers of the City of Jacksonville shall make diligent effort to determine the owner of such dog and notify him of such impoundment. If the owner of mph dog fails or refuses to claim and repossess such dog by the payment of the proper fee as prescribed herein within the first six (6) days of such impoundment then the Animal Control workers of the City of Jacksonville may deliver custody and possesstion f.o any person other than the comer and upon the layment of the fee as pre- scribed herein between the six day of said impoundment and the tenth day of said impoundment. SECTION 7. RECLAIMING DOGS, FEE MR RECLAIMING. -- Any person owning, possessing or keeping a dog which has been allowed to run at large and which has been impounded mad* claim and re- trieve such dog from the City Animal Shelter by payment of a fee Five ($5.00) dollars if the dog has been vaccinated within the year next preceding such impounding, and is currecti licensed as required by law, or by fee of $25.00 in the event the dog / has not been vaccinated within a year preceding the impou4.dnent /J (3) and is not currently licensed. The burden of proof as to Vac- cination and licensing shall be upon the party attempting to claim the dog from the Animal Control worker underthis Ordinance. 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 immediately within three (3) days have the dog vaccinated and licensed if the animal is released to him. Ths Animal Control worker shall keep such statements in a safe place, and should such a statement be signed and the dog be again im- pounded without having been vaccinated and licensed as promised, than the Animal Control worker, prior to releasing shall require a fee of $100.00 to be paid by the person claiming the dog, and re- quire another promise in writing to have the dog licensed and vac- cinated before he shall release the dog to the person claiming same. Upon such subsequent impoundment of such dogs, the same not having been vacdinated and licensed, an additional fee of 0100.00 shall be assessed. SECTION 8. BARKING AND HOWLING. It shall hereafter be unlaw- ful for any parson, firm,or corporation to keep on his premises, or under his control, any dog which by loud and frequent barking and howling shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place whore such dog is kept. SECTION 9. CONDITION OF PEN AND PREMISES. It shall be unlawful for any person, firm or corporation keeping or harbouring doge to fail to keep the premises where such dogs are kept free from offen- sive odors to the extant that such ordors are disturbing to the person (s) residing within reasonable proximity to the said premises, and it shall be unlawful to allow premises where dogs 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 10. NOTICE OF OFFENSES AND VIOLATION, ARREST. The Police Department Health Officer and Animal Control worker, or persons employed by such departments, are authorized, for viola- tion of any portion of this Ordinance to give to the offender a -4- notice to appear in the Municipal Court, Criminal Division, of the City of Jacksonville. Such notice to appear shall state the name and address of the violator and the date of the violation, shall contain a statement of the nature of the violation and be signed by the person having knowledge of such violation and who is also a member of one of the departments of the City of Jacksonville before mentioned. The notice shall contain a printed statement in which the violator promises to appear in the Municipal Court, Criminal Division, without issuance of any warrant or other process and which statement is to be signed by the violator. Upon failure to sign agreement, to appear, the officer or employee shall swear out a complaint and the usual procedure upon the filling of complaints in the Municipal Court shall govern the arrest and trial of the viola- tor. Upon the violator's signing the agreement to appear and his appearance as set out in the notice, no warrant shall issue for the arrest of the violator. SECTION 11. EXTENSION OF TIME TO REDUCE NUL4BER OF DOGS. The provisions of Section 3 of this Ordinance shall be unenforceable for a period of six (6) months from and after the adoption .of this Or- dinance thereby allowing owners ample time to provide for quartering and care of dogs elsewhere than on owners premises, in the event owner owns five (5) or more dogs covered by this Ordinance. ziN ` SECTION 12. PENALTIES AND FINES. Any person violating any 1 rrj 8 portion of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished, upon conviction, by assessment of a fine ii E.-- of not less than Five ($5.00), Dollars, nor more than One Hundred ($100.00) Dollars. SECTION,13. REPEAL OF ORDINANCES. All Ordinances and portions of Ordinances in conflict herewith are hereby repealed. SECTION 14. SEVERABILITY. In the event any portion of this Ordinance be rendered unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected by such partial invalidity. SECTION 15. ELECTION. That an election shall be held on the 6th day of November, A.D., 1962, at which time pieties on the general election ballot will provide to each qualified elector voting in such election an opportunity to vote either for or against this .Ox'dinance. If same is approved by a majority vote of the electors voting thereon, this Ordiance shall be in full fore, and effect sixty (60) days after the certification and results of said election. PASSED: /..4.•'1 1962 APPROVED: .a• Ai ' a or " ' /.--- ATTEST :. OI arc K 4t / i I I • i / i