1603ORDINANCE NO. 1603 (#10 - 2019
AN ORDINANCE AMENDING 1MC § 6, 04, 045 LIFTING THE BAN OF THE BULL
TERRIER BREED OF DOG, COMMONL Y REFERRED TO AS PIT BULLS; AND, FOR
OTHER PURPOSES.
WHEREAS, it is the intent of the City Council of Jacksonville, Arkansas to amend the
Jacksonville City Code and adopt new Animal Control regulations set forth below in an
effort to encourage the humane treatment of animals.
NOW THEREFORE BEITORDAINEDAND ENACTED BY THECITYCOUNCIL
OF THE CTfY OFIACK0NVILLE, ARKANSAS, THA T•
SECTION ONE.' JMC §6.04.045, subsection D (BANS) is hereby repealed
and modified to include the following:
(a) General.
(1) There shall be a recognized category of dogs designated as potentially
dangerous breed.
(2) It shall be unlawful for any person to keep within the city limits any potentially
dangerous breed, except in compliance with the provisions of this section.
(3) A potentially dangerous breed shall include the following:
(i) A pit bull, which is defined as any dog that is an American pit bull terrier, a
Staffordshire terrier, or American Staffordshire terrier, Bull Terrier, and any
dog of mixed breeding that has the primary characteristics of an American pit
bull terrier, a Staffordshire terrier, Bull Terrier, or an American Staffordshire
terrier. The American Kennel Club and United Kennel Club standards for the
above breeds shall be on file for viewing at the city's animal shelter.
(ii) Any other breed that is so declared by ordinance.
(4) For purposes of this section an "owner" is defined as any person who owns,
keeps, exercises control over, maintains, or harbors a potentially dangerous breed.
(5) Notwithstanding the special provisions set forth below as to keeping a potentially
dangerous breed within the city limits:
(i) Any such animal is also subject to the provisions for designation as a
dangerous dog or as a vicious dog.
(ii) The city's animal services division may temporarily harbor and transport
any potentially dangerous breed for purposes of enforcing the provisions of
this section.
ORDINANCE NO, 1603 (#10-2019)
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(iii) An owner may transport into the city limits a potentially dangerous breed
for the purpose of transporting the dog to a veterinarian or groomer for care,
or to participate in a contest or show sponsored by the American Kennel
Club or the United Kennel Club.
(b) Permit required.
(1) Permit. A potentially dangerous breed may be kept within the city limits only so
long as the registered owner or custodian complies with the requirements and
conditions of the potentially dangerous breed permit.
(2) Permit fee. The owner or custodian shall pay an annual permit fee of $150, in
addition to all other required fees, for each year that a potentially dangerous breed
is kept within the city limits.
(c) Registration requirements. The owner of any potentially dangerous breed shall be
allowed to keep such dog within the Jacksonville city limits only if the owner applies for
registration of the dog with the City's Animal Services division on an annual basis and
obtains a potentially dangerous breed permit and a window sticker with each annual
registration. As a condition of registration, the owner shall at the time of application provide
sufficient evidence that the owner is in compliance with all of the following requirements:
(1) Rabies vaccination. The dog must be vaccinated against rabies by a licensed
veterinarian as required by Arkansas Statutes.
(2) Current city license. The owner must purchase an annual city license for the
dog, and the dog must wear the city license tag on its collar at all times.
(3) Microchip. The dog must be identified by means of a microchip that is injected
under its skin by a licensed veterinarian and maintained as long as the animal is
kept within the city limits.
(4) Photo. The owner must bring their potentially dangerous breed to the city animal
shelter to have its photo taken with the owner.
(5) Sterilized. The owner must provide documentary proof from a licensed
veterinarian that their dog has been spayed or neutered. This requirement shall not
apply if:
(i) Animal services receives a letter from the owner's veterinarian, to be
confirmed by the animal services veterinarian, stating that the dog is
physically unable to reproduce or that the dog is medically compromised to
the extent that it cannot be safely sterilized;
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(ii) The potentially dangerous breed is a registered AKC or UKC show dog
with points or with documentation of training for show purposes, if the owner
purchases an annual show dog permit for a fee established by the city
manager; or
(iii) The dog is a registered AKC or UKC dog with points, and the owner
purchases an annual breeder's permit for a fee established by the city with
the restriction that the dog shall be allowed to produce or sire no more than
one (1) litter per calendar year beginning on January 1 and ending on
December 31. For any additional litter produced in any calendar year, there
shall be a fine, in addition to any other fine, of five hundred dollars ($500.00)
against both the sire and the bitch, and two hundred fifty dollars ($250.00) for
each live pup.
(6) Insurance. The owner must provide documentary proof from an insurance
company, licensed in the State of Arkansas, of Liability coverage of not less than
$300,000.
(d) Permit conditions.
(1) Place of confinement. A potentially dangerous breed must reside at the owner's
residence or place of business.
(2) Window sticker. An annual window sticker, provided at the time of registration,
must be posted on the owner's property, visible from the street to indicate that a
potentially dangerous breed resides on the property.
(3) Confinement. A potentially dangerous dog shall be confined indoors or by means
of a fence that is of adequate height and construction to prevent the dog's escape.
Potentially dangerous dogs shall not be confined by means of an electronic
containment device, or invisible fence. When outside of an area of confinement, a
potentially dangerous breed must be restrained by means of a secure leash held by
an adult who has the ability to control the dog.
(4) No transfer of permit. A potentially dangerous breed permit shall not transfer to a
new owner residing in the city limits. The new owner must meet all registration
requirements within ten (10) days of acquiring the dog.
(5) Relocation reported. The owner of a potentially dangerous breed may relocate
the dog to the owner's new Jacksonville residence if the owner contacts animal
services prior to the relocation in order to report the new address and obtain a new
window sticker. The new window sticker must be posted at the new residence within
thirty (30) days of the move.
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(6) Maximum number. The number of potentially dangerous breed dogs kept,
maintained or harbored at one residence shall not exceed two (2).
(e) Breed designation appeals. The owner of a dog that has been identified as a potentially
dangerous breed under this section shall have the right to an administrative appeal of the
breed designation to the Director of Animal Services. This appeal will require DNA test
results administered by a licensed veterinarian along with a veterinarian statement of
authenticity of the results within twenty-one (21) days of the date the "potentially dangerous
dog" designation was made by the animal service officer.
(f) Compliance period. Within ten (10) days after acquiring a potentially dangerous breed,
or after moving to the city with a potentially dangerous breed, or after a potentially
dangerous breed designation has been affirmed on appeal, or after noncompliance under
this section has been brought to the attention of animal services, the owner of a potentially
dangerous breed must register their dog and comply with all potentially dangerous breed
regulations.
(g) Enforcement.
(1) Potentially dangerous breed regulation violations. Failure to comply with any
potentially dangerous breed registration requirement or permit condition within the
allotted ten (10) day time period shall constitute a violation of this chapter and may
result in the issuance of a citation and a warrant to seize the owner's dog if it is not
removed from the city limits pending adjudication of the citation.
(2) Non -Cruelty violations. Permits to keep a potentially dangerous breed within the
city may be revoked by the animal services division upon the owner's second plea
of guilty, plea of no contest, or conviction for violation of the city's Non -cruelty
animal code provisions. If the permit(s) is revoked, a warrant to seize the potentially
dangerous breed may be served on the owner if the dog is not removed from the
city limits. In addition, the owner shall lose their right to register any potentially
dangerous breed within the city for a period of two (2) years.
(3) Cruelty violations. Upon a plea of guilty, plea of no contest, or conviction for any
animal cruelty charge, the owner of a potentially dangerous breed shall lose their
potentially dangerous breed permit(s) and shall lose their right to register any
potentially dangerous breed within the city for a period of ten (10) years. A warrant
may be obtained to seize the owner's potentially dangerous breed dog(s) pending
adjudication of the cruelty violation citation. Upon plea of guilty, plea of no contest,
or conviction for animal cruelty and revocation of the potentially dangerous breed
permit, the owner's potentially dangerous breed dog(s) must be removed from the
city limits or surrendered to the Jacksonville Animal Services Division.
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(h) Adoption
(1) Potentially dangerous breeds may be adopted out through the Jacksonville
Animal Shelter to citizens within the City of Jacksonville subject to the permit and
licensing requirements set forth in this section.
(2) Potentially dangerous breeds may be adopted out through the Jacksonville
Animal Shelter to citizens outside the corporate city limits of Jacksonville to areas
where there are no restrictions to their breed.
(i) Penalty
(1) First Offense: Any person violating or permitting the violation of any provision of
this section shall upon a plea of guilty, a plea of no contest, or conviction in the
Jacksonville District Court be fined a sum not less than five hundred dollars ($500)
and not more than one thousand dollars ($1,000). The court may also sentence the
defendant to imprisonment in the county jail for a period not to exceed thirty (30)
days.
(2) Second Offense: Any person violating or permitting the violation of any provision
of this section a second time shall upon a plea of guilty, a plea of no contest, or
conviction in the Jacksonville District Court be fined a sum not less than Five
hundred dollars ($500) and not more than two thousand dollars ($2,000). The court
may also sentence the defendant to Imprisonment in the county jail for a period not
to exceed thirty (30) days. Any such second conviction shall include seizure of the
animal by Jacksonville Animal Services personnel to be euthanized, adopted, or sent
to a suitable rescue.
SECTION TWO; All Ordinances or parts thereof in conflict herewith are hereby
repealed to the extent of said conflict.
SECTION THREE; Said Ordinance and the changed included herein shall be in full
force and effect from and after its passage and approval as provided by and subject to
applicable law.
APPROVED AND ADOPTED THIS DAY OF June, 2019.
CITY OFJACKSONVILLE, ARKANSAS
BOB JOHNSON, MA YOR
ORDINANCE NO, 1603 (#10-2019)
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ATTEST.•
SUSAN DA VITT, CITY CLERK
APPROVED AS TO FORM:
STEPHANIE FRIEDMAN, CITY A TTORNEY
*ORDINANCE WITHDRAWN AFTER BEING PRESENTED TO CITY COUNCIL ON JUNE 6, 2019