1312 ORDINANCE Na 1312 ( #11 - 07)
AN ORDINANCE AMENDING JMC §6.04.045 PROVIDING A BAN OF THE
BULL TERRIER BREED OF DOG, COMMONLY REFERRED TO AS PIT BULLS;
AND, FOR OTHER PURPOSES.
WHEREAS, despite more restricted regulation of dangerous and vicious
animals, the City of Jacksonville continues to have bite cases involving pit bulls or
pit bull mix dogs. As a result the City Council has determined that there is no other
alternative but to provide a ban of said breed of animals within the City limits.
NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL
NOW, THE CITY OF I A CKS O N V I L L E, ARKANSAS, THA
ONE: JMC § 6.04.045 shall be amended to include the
following additional provisions:
7MC § 6.04.045 Dangerous and Vicious Animals and Bans
D, BANS
1. Ban. It shall hereafter be unlawful for any person, firm, or corporation
to keep, own, or harbor within the City limits any of the following breeds of dog(s):
a Stafford Bull Terrier;
b American Pit Bull Terrier;
c American Bull Dog;
Dogs of mixed breed or of other breeds than the above- listed whose
breed is known as Pit Bull, Bull Dogs, or Pit Bull Terrier;
e) Any breed being a predominate breed of a Stafford Bull Terrier, an
American Pit Bull Terrier, Bull Dog, or any mixed breed thereof; and,
f) Any dog whose sire or dam is a dog of a breed which is defined as a
banned breed of dog under this Ordinance.
2. Registration. Any owner, keeper, or harborer of a dog listed above will
have Thirty (30) days after passage and publication of this Ordinance to register the
animal with Jacksonville Animal Control pursuant to the following criteria:
a) The animal was licensed prior to the effective date of this Ordinance;
b) The owner, keeper, or harborer shall provide proof of rabies
vaccination;
c) The owner, keeper, or harborer must be at least Twenty-one (21)
years of age;
d) The owner, keeper, or harborer shall, at his /her own expense, have
the animal spayed or neutered and /or shall present to the Jacksonville
Animal Control documentary proof from a licensed veterinarian that
a sterilization procedure has been performed on said animal. An
owner of such a prohibited animal may be exempted from the spay or
neuter requirement. To obtain such an exemption, documentation
must be provided from a licensed veterinarian stating that a spay or
neuter procedure would put the animal's life at -risk at that time, but
the documentation must specify a timeframe within which the
sterilization procedure can be completed;
e) The owner, keeper, or harborer shall bring the animal to the
Jacksonville Animal Shelter where authorized personnel will assign a
registration number to the animal and shall direct the owner to a
licensed veterinarian to cause a computer chip to be implanted in the
ORDINANCE NO. 1312 (#11 — 07)
PAGE TWO
_._ animal. Documented proof of said implementation must be returned
to the Jacksonville Animal Control, which shall maintain a the
containing the registration numbers, names of the animals, and the
names and addresses of the owners. The owner shall notify Animal
Control of any change of address.
3. Conditions for Keeping and Maintaining a Banned Anima/. The
Confinement, Leash and Muzzle Restrictions, and other requirements found in JMC
§ 6.04.045(B)(5) shall apply to any animal identified and properly registered under
this Section.
4. Exceptions A banned breed of animal shall not be considered owned
or kept in the City if the animal is only brought into the City to a licensed
veterinarian located in the City for the purpose of veterinary care, as is necessary
for the completion of veterinary care, or for special event dog shows sanctioned by
the City. Additionally, any animal used for law enforcement or other governmental
purposes by the Police Department, military personnel, or other local, state, or
federal agency(ies) are exempt from the provisions of this Section. However, any
such animal is, at all times, subject to all other applicable restrictions under this
Code.
5. Vio /ations
a) It shall be unlawful for the owner, keeper, or harborer of any animal
registered with the City to fail to comply with the requirements and
conditions set forth in this Ordinance. Any such animal found to be the
subject of a violation of the provisions of this Section shall be subject to
immediate seizure, impoundment, revocation of the license of such animal,
and initiation of the procedures set forth herein.
b) The owner, keeper, or harborer of any animal found to be in violation
of the terms of this Ordinance shall be guilty of a violation and be subject to
the Enforcement and Penalties Provisions contained in JMC § 6.04.120.
c) Any animal seized under the terms and conditions of this Ordinance
by Animal Control shall be held by the Department for Three (3) business
days for the owner to reclaim the animal. Any such animal shall be retrieved
only upon compliance with all provisions of this Ordinance and after payment
of a Seizure fee of One Hundred Dollars ($100.00).
The owner must also sign a Statement verifying that the animal will
be permanently removed from the City limits within Forty-eight (48) hours.
d) If any animal seized under the provisions of this Ordinance is not
reclaimed within Three (3) business days as prescribed above, said animal
shall be euthanized in a humane manner.
e) If any animal seized under these provisions is found within the City
limits a second time, the owner shall, upon conviction in the Jacksonville
District Court, be fined pursuant to JMC § 6.04.120. Any such animal seized
by Animal control a second time shall be euthanized in a humane manner.
SECTION TWO. All Ordinances or parts thereof in conflict herewith are
hereby repealed to the extent of said conflict.
ORDINANCE NO. 1312 (#11 — 07)
PAGE THREE
SECTION THREE: This Ordinance shall be in full force and effect from
and after its passage, approval, and date of publication, as outlined under state law.
APPROVED AND ADOPTED THIS 1 ' i k DAY OF MAY, 2007.
CITY OF JACKSONVILLE, ARKANSAS
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TOM Y SWAI , MAYOR
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SUSAN DA ITT, CITY ERK G/ •
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