1699ORDINANCE NO. 1699 (#18 - 2022)
AN ORDINANCE TO PLACE ON THE NOVEMBER GENERAL ELECTION BALLOT
THE QUESTION OF AMENDING JMC § 6.04.045 TO LIFT THE BAN OF THE BULL
TERRIER BREED OF DOG, COMMONLY REFERRED TO AS PIT BULLS;
PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND, DECLARING AN
EMERGENCY.
WHEREAS, the City of Jacksonville, Arkansas (the "City") is a city of the first class;
WHEREAS, the City Council has determined that it would be in the best interests of the
City 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.
WHEREAS, the purpose of this Ordinance is to submit to the electors of the City the
question of lifting the ban of the bull terrier breed of dog at the General Election to held on
Tuesday, November 8, 2022.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: The provisions of this ordinance shall be subjectto approval by a majority of
the electors voting on the issue during the General Election to be held on Tuesday, November 8,
2022, at which election there shall be submitted to the electors of the City of Jacksonville,
Arkansas, the question of lifting the City's breed restriction ban.
SECTION TWO: The Ballot Title shall read:
THE AMENDMENT OF JACKSONVILLE MUNICIPAL CODE § 6.04.045 TO ALLOW
ALL BREEDS OF DOGS WITHIN JACKSONVILLE CITY LIMITS, WITH CERTAIN
RESTRICTIONS.
The proposed amendment to Jacksonville Municipal Code §6.04.045, subsection D reads as
follows:
(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
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(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.
(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:
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(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;
(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.
(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.
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(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 (3 0)
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 THREE: The ballot shall be in substantially the following form:
FOR THE AMENDMENT OF JACKSONVILLE MUNICIPAL CODE § 6.04.045 TO
ALLOW ALL BREEDS OF DOGS WITHIN JACKSONVILLE CITY LIMITS, WITH
CERTAIN RESTRICTIONS.
AGAINST THE AMENDMENT OF JACKSONVILLE MUNICIPAL CODE § 6.04.045
TO ALLOW ALL BREEDS OF DOGS WITHIN JACKSONVILLE CITY LIMITS, WITH
CERTAIN RESTRICTIONS.
SECTION FOUR: A copy of this Ordinance shall be given to the Pulaski County Board of
Elections Commission so that the necessary election officials and supplies may be provided.
SECTION FIVE: The results of the election shall be certified by the Election Commissioners
and proclaimed by the Mayor, and his Proclamation shall be published one time in a newspaper
having general circulation in the City. The Proclamation shall advise that the results, as proclaimed,
shall be conclusive unless suit challenging the results is filed in the Circuit Court of Pulaski County
within Thirty (30) days after the date of publication.
SECTION SIX: All law, ordinances, resolutions, or parts of the same, that are inconsistent
with the provisions of this ordinance, are hereby repealed to the extent of such inconsistency.
SECTION SEVEN: Should any part or portion of this ordinance be found by a court of
competent jurisdiction to be unconstitutional or invalid, such invalidity as may be found shall not
affect any other part or portion hereof.
ORDINANCE NO. 1699 (#18 - 2022)
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APPROVED AND ADOPTED THIS DAY OF , 2022.
CITY OF JACKSONVILLE, ARKANSAS
ATTEST:
BOB JOHNSON, MAYOR
APPROVED AS TO FORM:
SUSAN DAVITT, CITY CLERK STEPHANIE FRIEDMAN, CITY ATTORNEY
Died from lack of second on motion to approve on first reading July 21, 2022