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1071 zf- ORDINANCE NO. 107 I (# I 9 - 96) AN ORDINANCE AMENDING CEH/AIN PROVISIONS OF THE JACKSONVILLE ANIMAL CON/HOL CODE AND JACKSONVILLE MUNICIPAL CODE 99 6.04, 6.0B, 6. 10, AND 6. I 2; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREFORE, Ar- II::..R CAREFUL REVIEW AND DETERMINATION, SPECIFIC PROVISIONS OF THE ~ACKSONVILLE ANIMAL CONTROL CODE ARE IN NEED OF REVISION TO ALLOW SAID DEPARTMENT TO OPERATE MORE EFFICIENTLY AND EFFECTIVELY; AND, WHEREAS, THE FOLLOWING AMENDMENTS TO THE ~ACKSONVILLE ANIMAL CONTROL CODE ALSO REFLECTS RECENT CHANGES IN STATE AND FEDERAL LAW. NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COUNCIL OF THE CIlY OF JACKSONVILLE, ARKANSAS, THAT: SEC710N ONE: THE ~ACKSONVILLE ANIMAL CONTROL CODE, CODIFIED UNDER CHAPTER 6 OF THE ~ACKSONVILLE MUNICIPAL CODE, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING AMENDMENTS, DELI::..IIONS, AND REVISIONS: 6.04.0 I O. DEFINITIONS SHALL BE AMENDED TO INCLUDE THE FOLLOWING: '#j(j J"A:":" "ANIMAL CONTROL AUTHORITY" - OFFICERS OF THE ~ACKSONVILLE ANIMAL CONTROL ../' f., . (:.)~,2.~:,l/--:6EPARTMENT, AS WELL AS MEMBERS OF THE ~ACKSONVILLE POLICE DEPARTMENT. ~7~~)'-'~-' Y'2.J .1J C. "AT LARGE" - ANY ANIMAL IS AT LARGE WHEN NOT CONFINED TO 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 CON It"(OL OF A RESPONSIBLE ADULT RESIDENT OF SAID PREMISES. I. "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 UPON PUBLIC WALKS OR RECREATION ACRES; CAUSES UNSANITARY, DANGEROUS, OR OFFENSIVE CONDlllONS; CAUSES A DISnJRBANCE 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; MOLESTS, ATTACKS, OR INTERFERES WITH PERSONS IN PUBLIC RIGHT-OF-WAYS OR ON PRIVATE PROPERTY OTHER 'THAN THEIR OWNER(S); CHASES VEHICLES OR ATTACKS DOMESTIC ANIMALS; OR, CHASES OR ATTACKS ANY MEMBER OF THE PUBLIC. N. "VICIOUS ANIMAL" - ANY ANIMAL THAT EXHIBITS AGGRESSIVE, FIERCE, OR VICIOUS BEHAVIOR OR 'THAT HAS ATTACKED A PERSON OR O'THER DOMESTIC ANIMAL WITH SUCH SEVERITY AS TO CAUSE HARM, PHYSICAL IN~URY, OR PROPERTY DAMAGE TO ANY DEGREE OR OTHERWISE ~EOPARDIZES THE WELL BEING OF PERSONS OR OTHER DOMESTIC ANIMAL OR ANY ANIMAL WITH A KNOWN PROPENSITY, TENDENCY, OR DISPOSITION TO ATTACK UNPROVOKED. P. "ABANDON" - To GIVE UP, TO LEAVE COMPLETELY, TO GIVE UP THE CONTROL OF ANY ANIMAL WITHIN THE CORPORATE CITY LIMITS OF ~ACKSONVILLE, INCLUDING AT THE ANIMAL SHELTER WHENEVER AN ANIMAL IS IMPOUNDED BY THE ANIMAL CONTROL AUTHORITY. 6.04.020 LICENSING AND VACCINATION. SUBSECTION A: GENERAL. I. No PERSON SHALL OWN, KEEP, OR HARBOR ANY ANIMAL WITHIN THE CITY UNLESS SUCH ANIMAL IS LICENSED AND VACCINATED AS HEREIN PROVIDED. 27 ORDINANCE No. 107 I , PAGE 2 SUBSECTION B: CAT AND DOG LICENSE. 2. ApPLlCAllON MUST BE MADE WITHING THIRTY (30) DAYS Ar- I ~R OBTAINING A CAT OR DOG OVER FOUR MONTHS OF AGE OR WITHIN THIRTY (30) DAYS OF ESTABLISHING RESIDENCE WITHIN THE CITY, WHICHEVER OCCURS FIRST. THIS REQUIREMENT WILL NOT APPLY TO A NON-RESIDENT KEEPING A DOG WITHIN THE CITY FOR NO LONGER THAN SIXTY (60) DAYS. 6.04.030 RABIES VACCINATION. I. ALL CATS AND DOGS OVER THE AGE OF FOUR (4) MONTHS WITHIN THE CITY SHALL BE VACCINATED AGAINST RABIES ONCE EVERY YEAR BY A LICENSED VETERINARIAN. SAID VETERINARIAN WILL ISSUE TO THE OWNER A DURABLE METAL TAG AND A CERTIFICATE OF VACCINATION OF PROOF BY THE ANIMAL CON I r-<OL AUTHORITY. TAGS MUST BE ATTACHED TO THE COLLAR OR HARNESS OF THE CAT OR DOG AND BE WORN AT ALL TIMES. TAGS ARE NOT TRANSFERABLE FROM ONE CAT OR DOG TO ANOTHER CAT OR DOG. 2. THE STATE HEALTH DIRECTOR AND/OR THE ANIMAL CONTROL OFFICER MAY ADOPT SUCH OTHER RABIES CONTROL REGULATIONS AS DEEMED NECESSARY FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY. 3. THE ARKANSAS RABIES CON I r-(OL ACT AND/OR SUBSEQUENT REVISIONS IS ADOPTED AND INCORPORATED HEREIN. 6.04.040 RESTRAINT. D. VICIOUS ANIMALS - RESTRAINT. I. IT IS HEREAr- I~R UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO KEEP WITHIN THE CORPORATE LIMITS OF THE CITY ANY VICIOUS ANIMAL, UNLESS SAID ANIMAL IS MUZZLED AND LEASHED OR CONFINED IN A SECURE ENCLOSURE. ALL ENTRANCES TO SAID SECURE ENCLOSURE SHALL BE SECURED WITH A KEY OR COMBINATION LOCK SO AS TO PROHIBIT ENTRANCE BY ANYONE OTHER THAN THE OWNER AND/OR A RESPONSIBLE PARTY. 4. IN ANY CASE WHERE: A) AN ANIMAL BITES, MOLESTS, OR INJURES, OR IT IS BELIEVED THAT THE ANIMAL HAS BIII~N, MOLESTED, OR INJURED ANY PERSON; B) IF AN ANIMAL IS DISCOVERED RUNNING AT LARGE; AND/OR, C) AN ANIMAL IS SUSPECTED OF BEING DISEASED. IN THE ABOVE CITED CIRCUMSTANCES, SUCH AN ANIMAL SHALL BE CONFISCATED BY THE ANIMAL CON I r-<OL AUTHORITY, IMPOUNDED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE, AND, IF APPROPRIATE, HUMANELY DESTROYED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE AND/OR BY ORDER OF THE MUNICIPAL COURT. 8. THE OFFICE OF ANIMAL CONTROL SHALL BE RESPONSIBLE TO DETERMINE WHETHER A DOG IS VICIOUS AND/OR HAS VICIOUS TENDENCIES. UPON SUCH A DETERMINATION, SAID OFFICE SHALL NOllFY THE OWNER THAT SAID DOG IS CLASSIFIED HENCEFORTH AS VICIOUS. ALTHOUGH AN APPEAL WILL NOT STAY SUCH DETERMINATION, SAID OWNER MAY APPEAL SAID DETERMINATION BY FILING A NOTICE OF ApPEAL WITH THE MAYOR'S OFFICE WITHIN TEN ( I 0) DAYS OF WRII I ~N NOTICE THEREOF. F. IT SHALL BE UNLAWFUL FOR ANY OWNER TO ALLOW HIS CAT OR DOG TO ENTER ANY FOOD STORE OR PLACE WHERE FOOD IS EXHIBITED FOR SALE, EXCEPT THOSE TRAINED ANIMALS ASSISTING INDIVIDUALS WITH DISABILITIES. 6.04.060 RABID ANIMALS OR ANIMALS SUSPECTED OF HAVING RABIES. 3. IT SHALL BE THE DUTY OF THE OWNER, THE ANIMAL CONTROL DEPARTMENT, OR THE PERSON OR AGENCY GAINING INFORMATION THAT ANY DOMESTIC ANIMAL OR PERSON HAS BEEN BIII~N OR HAS PROBABLY BEEN 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, WHERE THE ANIMAL SHALL BE HELD FOR OBSERVATION FOR A PERIOD OF TEN ( 10) DAYS OR LONGER IF, IN THE z~ ORDINANCE No. I 07 I , PAGE 3 OPINION OF THE STATE VETERINARIAN, CONFINEMENT IS NECESSARY TO DETERMINE WHI:. I r-IER THE ANIMAL IS INFECTED WITH RABIES. THE OWNER OF THE SUSPECTED ANIMAL SHALL BE RESPONSIBLE FOR ANY AND ALL EXPENSES INCURRED. 6.04.070 CRUELiY TO ANIMALS. I. 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 MIS I r-<EAT, ANY ANIMAL; B) FAIL TO PROVIDE ANY ANIMAL WITH PROPER FOOD, DRINK, PROTECTION FROM THE WEATHER OR VEII:.RINARY CARE; C) ABANDON ANY ANIMAL WITHIN THE CORPORATE LIMITS OF THE CliY OF ~ACKSONVILLE; D) IN II:.NTlONALLY POISON ANY ANIMAL; E) ALLOW OR PROMOTE ANY FIGHT BElWEEN ANIMALS OR TO ALLOW OR PERMIT ANY SUCH FIGHT IN OR UPON ANY PREMISES IN HIS POSSESSION OR UNDER HIS CON I t'(OL; F) ALLOW AN ANIMAL TO BE KEPT IN UNSANITARY CONDITIONS; AND/OR, G) KEEP OR CONFINE AN ANIMAL IN OTHER THAN A HUMANE MANNER. 6.04.080 IMPOUNDMENT. I. 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 FOUR (4) BUSINESS DAYS. IF WITHIN SUCH TIME, AN ANIMAL SO IMPOUNDED HAS NOT BEEN RECLAIMED BY ITS OWNER IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE, SUCH ANIMAL SHALL BECOME THE ABSOLUTE PROPERiY OF THE ANIMAL CONTROL AUTHORliY, WHICH SHALL THEN HAVE THE POWER AND AUTHORliY TO CONVEY OWNERSHIP OF SUCH ANIMAL TO ANY RESPONSIBLE PERSON ON SUCH CONDITIONS AS THE ANIMAL CONTROL AUTHORllY MAY PRESCRIBE, OR THE ANIMAL CONTROL AUTHORliY MAY HUMANELY DESTROY SAID ANIMAL IF CIRCUMSTANCES WARRANT SUCH. 4. NOTWITHSTANDING ANY PROVISION OF THIS CODE TO THE CONTRARY, THE ANIMAL CONTROL AUTHORliY MAY HUMANELY DESTROY ANY ANIMAL IMPOUNDED IN THE ANIMAL SHELTER WHEN THE ANIMAL CONTROL AUTHORliY AND A VETERINARIAN REASONABLY BELIEVE THAT THE ANIMAL HAS SUSTAINED AN IN~URY 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 IN~URY TO OTHER ANIMALS OR TO HUMANS DUE TO OVER CROWDING IN THE ANIMAL SHELTER, OR UPON OCCURRENCE OF ANY OTHER SUCH THREATENING CONDITION. 6.04.090 RECLAIMING THE IMPOUNDED ANIMALS. I . D) ANIMALS IMPOUNDED FOR QUARANTINE PURPOSES OR FOR USE AS EVIDENCE IN A CRIMINAL PROSECUTION: Two DOLLARS ($2.00) PER DAY. 6.04. 100 ADOPTION. I. THE ANIMAL CONTROL AUTHORliY MAY CONVEY OWNERSHIP OR PERMIT ADOPTION OF ANY ANIMAL WHICH HAS BECOME THE PROPERiY OF THE ANIMAL CON I t'(OL AUTHORliY TO A RESPONSIBLE PERSON, SUB~ECT TO SUCH CONDITIONS AS MAY BE PRESCRIBED BY THE ANIMAL CONTROL AUTHORliY, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: " ,II ~l I) (/ l1):-., A.) PAYMENT OF A FIVE DOLLAR ($5.00) ADOPTION FEE AND RECEIPT BY THE ANIMAL CONTROL AUTHORliY OF d STATEMENT BY THE ADOPTING PAt'( I '( THAT THE ANIMAL WILL BE LlCENSEj, VACCINATED, AND STERILIZED WITHIN A THIRiY (30) DAY PERIOD. THE ANIMAL CONTROL AUTHORliY MAY, UPON GOOD CAUSE SHOWN BY THE ADOPTING PARiY, GRANT AN EXTENSION OF TIME FOR VACCINATION AND/OR STERILIZATION NOT TO EXCEED THIRiY (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 2Cf ORDINANCE No. I 07 I , PAGE 4 Rt:.luRNED TO THE ANIMAL CONTROL AUTHORITY AND OWNERSHIP OF SAID ANIMAL SHALL REVERT TO THE ANIMAL CONTROL AUTHORITY AND/OR THE PARTY SHALL BE PROSECUTED FOR VIOLATION OF THIS SECTION; AND, B) EVIDENCE SATISFACTORY TO THE ANIMAL CON I r-<OL AUTHORITY MUST BE PRESENTED THAT THE ANIMAL HAS, OR WILL BE, EXAMINED BY A VETERINARIAN AND VACCINATIONS AGAINST RABIES OR OTHER DISEASE ADMINISTERED. 6.04. I 10 ENFORCEMENT AND PENALTIES. D. PENALTIES FOR VIOLATIONS I. THE OWNER OR KEEPER OF ANY 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: LICENSED ANIMAL FINE UNLICENSED ANIMAL FINE FIRST VIOLATION SECOND VIOLATION THIRD VIOLATION FOURTH VIOLATION SUBSEQUENT VIOLATIONS $30 $75 $150 $300 $500 $40 $100 $200 $375 $600 PLUS $ 2 .00 PER DAY THAT ANIMAL IS AT ANIMAL SHELTER AND ANY APPLICABLE COURT COSTS IMPOSED BY THE MUNICIPAL COURT. NOTHING IN THIS SECTION SHALL BE CONS I r-<UED TO PROHIBIT THE .JACKSONVILLE MUNICIPAL COURT FROM ORDERING THE ANIMAL HUMANELY DESTROYED IF IT FINDS SUCH DESTRUCTION TO BE IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF .JACKSONVILLE 2. 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 $25.00 NOR MORE THAN $500.00. EACH SEPARATE DAY THE VIOLATION EXISTS SHALL CONSTITUTE A SEPARATE OFFENSE. E. EQUIPMENT - THE ANIMAL CONTROL AUTHORITY IS HEREBY AUTHORIZED TO EMPLOY ANY EQUIPMENT IT DEEMS NECESSARY TO ENFORCE THE PROVISIONS OF THIS CODE. THE ANIMAL CONTROL AUTHORITY MAY, SUB'-'ECT TO CONDITIONS, LEND TRAPS TO PRIVATE PERSONS FOR THE PURPOSE OF PREVENTING NUISANCES RESULTING FROM ANIMALS AT LARGE. 6.04. I 20 RELlNOUISHMENT OF UNWANTED ANIMALS. 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 THE .JACKSONVILLE ANIMAL CONTROL SHELTER FOR A FEE OF $ 10.00 At" It:.R MEETING THE FOLLOWING REQUIREMENTS: I. AlTEMPT TO FIND A HOME FOR THE ANIMAL THROUGH FAMILY, FRIENDS, AND/OR NEIGHBORS; 2. LIST THE ANIMAL IN THE LOCAL NEWSPAPER AND PROVIDE A COpy OF THE AD TO THE ~ACKSONVILLE ANIMAL SHELTER AS PROOF; AND/OR, 3. CONTACT THE PULASKI COUNTY HUMANE SOCIETY TO OBTAIN THEIR ASSISTANCE IN LOCATING A HOME FOR SAID ANIMAL. 30 ORDINANCE No. 107 I , PAGE 5 B. ANIMALS FROM OUTSIDE THE CITY WILL NOT BE ACCEPTED AT THE ANIMAL CONTROL SHELTER. PERSONS HAVING CONTROL OF SAID ANIMALS (STRAY OR OWNED) WILL DISPOSE OF SAID ANIMAL THROUGH THEIR COUNTY, LOCAL AUTHORITIES, OR PRIVATE VETERINARIAN. LIVESTOCK AND FOWL 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 LJlHER SUCH FOUR-LEGGED, FUR-BEARING ANIMALS, FOUR SQUARE FEET PER ANIMAL OVER FOUR MONTHS OF AGE; B. TURKEYS, FOUR SQUARE FEET PER BIRD OVER FOUR MONTHS OR AGE; AND, C. CHICKENS, PIGEONS AND OTHER SIMILAR FOWL, TWO SQUARE FEET PER BIRD OVER FOUR MONTHS OF AGE. 6.08.070 HOUSING AND PENS - DISPOSAL OF MANURE. IT IS UNLAWFUL FOR ANY PERSON HAVING AUTHORITY TO CON I t'(OL THE USE OF ANY STABLE, PEN, LOT, SHED, STALL OR OTHER PLACE WHERE ANIMALS, LIVESTOCK OR FOWLS ARE KEt"" I 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 AN ANIMAL CONTROL AUTHORITY, AND SUFFICIENT TO PREVENT THE 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, BUT MUST REMAIN 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 TO OTHERS. 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 THE ANIMAL CONTROL OFFICER TO PREVENT ODORS, NUISANCES, FOR UNSANITARY CONDITIONS. 6.08. I I 0 LIVESTOCK RUNNING AT LARGE - PROHIBITED. No HORSE, MULE, MARE, COLT, ~ACK, ~ENNY, 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 SECTION, EXCEPT WHEN AUTHORIZED BY CITY OFFICIALS TO DO SO FOR CEREMONIAL AND/OR PARADE PURPOSES. 6.08. 130 IMPOUNDED LIVESTOCK - NOTICE TO OWNER - RECLAIMING. A. NOTICE TO OWNER - WHENEVER ANY OFFICER OF THE CITY TAKES CHARGE OF ANY ANIMAL OF THE KIND SET FORTH WITHIN SECTION 6.08. I 10 FOR THE PURPOSE OF IMPOUNDING THE SAME, THE ANIMAL CONTROL AUTHORITY SHALL MAKE A REASONABLE EFFORT TO NOTIFY THE OWNER OF SUCH ANIMAL, IF KNOWN, THAT THE ANIMAL HAS BEEN IMPOUNDED AND FOR THE MANNER IN WHICH THE ANIMAL MAY BE RECLAIMED. B. RECLAIMING - ANY PERSON OWNING, POSSESSING OR KEEPING AN ANIMAL WHICH HAS BEEN ALLOWED TO RUN AT LARGE AND WHICH HAS BEEN IMPOUNDED BY THE ANIMAL 3J ORDINANCE No. 107 I , PAGE 6 CONTROL AUTHORITY MAY CLAIM AND RETRIEVE SUCH ANIMAL FROM THE CITY ANIMAL SHELTER BY PAYING A FEE OF Two DOLLARS ($2.00) PER DAY, TOGETHER WITH ANY DAMAGE DONE BY SAID ANIMAL AND/OR COSTS INCURRED IN KEEPING AND MAINTAINING SAID ANIMAL, PLUS A FINE IN THE MINIMUM AMOUNT OF: FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE SUBSEQUENT OFFENSE(S) $15.00 $ 25.00 $50.00 $ 75.00 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, THE ANIMAL CON I t'(OL AUTHORITY MAY, AI'" I t:..R A PERIOD OF FOUR BUSINESS (4) DAYS, CONVEY OWNERSHIP OF SUCH ANIMAL WHICH HAS BECOME THE PROPERTY OF THE ANIMAL CONTROL AUTHORITY TO A RESPONSIBLE PERSON SUB~ECT TO SUCH CONDITIONS AS MAY BE PRESCRIBED BY THE ANIMAL CON I t'(OL AUTHORITY, OR THE ANIMAL CONTROL AUTHORITY MAY HAVE SUCH ANIMAL HUMANELY DESTROYED IF CIRCUMSTANCES DICTATE SUCH. 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 It'(ESPASSES UPON THE PROPERTY OF PERSONS USED AS A RESIDENCE MAY BE IMPOUNDED BY THE ANIMAL CONTROL AUTHORITY. THE OWNER OR OWNERS 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 HEREINAr- It:..R PROVIDED AND THE DAMAGE DONE BY SUCH ANIMALS, CHICKENS, OR FOWLS. THE FEES SHALL BE AS FOLLOWS: FOR EACH SUCH ANIMAL, CHICKEN, OR FOWL, Two DOLLARS ($2.00) -Bet.i::.*R$ PER DAY. 6.08. 170 SMALL ANIMALS AND FOWL - UNCLAIMED - DISPOSAL. IF THE OWNER OF THE ANIMALS OF FOWLS IMPOUNDED, Ar- It:..R BEING NOTIFIED THEREOF, NEGLECTS TO PAY THE FEES AND DAMAGES, THE ANIMAL CONTROL DEPAt'( I IV1ENT MAY, At- I t:..R A PERIOD OF NOT LESS THAN FOUR BUSINESS (4) DAYS, DISPOSE OF THE SMALL ANIMALS, CHICKEN, OR FOWL IN THE MOST HUMANE AND FEASIBLE MEANS POSSIBLE. 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. 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 COMPt:..1 t:..NT Vt:..1 t:..RINARIAN INSPECTION TO BEAR SUCH INFECTION. ANY VETERINARY 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. 6.08.200 DEAD OR DISEASED ANIMALS - RULES PROMULGATION. THE ANIMAL CONTROL OFFICER IS ORDERED, DIREClED, AND AUTHORIZED TO MAKE AND PROMULGATE SUCH SUITABLE REGULATIONS NOT IN CONFLICT WITH THIS ORDINANCE AS NECESSARY TO GOVERN THE CARE OF DISPOSITION OF ANY DEAD OR DISEASED ANIMAL, LIVESTOCK, OR FOWL FOUND WITHIN THE LIMITS OF THIS CITY. 6.08.220 MAINTENANCE OF PREMISES AND DISTURBING NOISES. AN OWNER OF AN ANIMAL OR FOWL SHALL MAINTAIN HIS PREMISES IN SUCH A MANNER AS NOT TO CONSTll'U It:.. EITHER A PRIVATE NUISANCE TO AD~OINING PROPERTY OWNERS OR A NUISANCE TO THE PUBLIC GENERALLY. PENS IN WHICH ANIMALS AND 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 ANIMALS AND FOWL THEMSELVES SHALL 3z.. ORDINANCE No. 107 I , PAGE 7 BE RESTRAINED IN SUCH A FASHION THAT NOISE EMANATING FROM THEM WILL NOT BE DISTURBING TO SUCH PERSONS AND/OR THE PUBLIC. 6.08.230 ENFORCEMENT AND PENALTIES. ANY PERSON FOUND GUILTY OF ANY OF THE ABOVE PROVISIONS 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 EXISTS SHALL CONSTITUTE A SEPARATE OFFENSE. BEES 6. 10.0 I 0 KEEPING UNLAWFUL - EXCEPTION. IT IS UNLAWFUL TO KEEP BEES AND/OR BEEHIVES UNLESS SUCH BEES OR BEEHIVES ARE LOCATED MORE THAN TWO HUNDRED FEET (2004) FROM THE NEAREST RESIDENCE, BUSINESS, OR INDUSTRIAL STRUCTURE OTHER THAN THAT OF THE OWNER OF THE BEES OR BEEHIVES. 6. 10.020 NUMBER OF HIVES ALLOWED. IF THE BEEKEEPER'S PROPERTY IS LESS THAN ONE ACRE, THERE SHALL BE A LIMIT OF TWO HIVES WHICH SHALL BE ALLOWED ON SAID PROPERTY. IF THE BEEKEEPER'S PROPERTY EXCEEDS ONE 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 CHAr"I~R SHALL BE A VIOLATION OF THIS ORDINANCE AND CONSTITUTES A MISDEMEANOR. ANY VIOLATIONS SHALL BE PROSECUTED BY THE AGGRIEVED PARTY FILING CHARGES WITH THE CITY ATTORNEY AND/OR DEPUTY PROSECUTING ATTORNEY. WILDLIFE PROIJ:.CTlON 6.12.010 ESTABLISHED. 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, PAR I t'(IDGE, QUAIL, DOVE, WILD GOOSE, WILD DUCK, COOT, GALLINULES, RACCOON, SNIPE, WOODCOCK, HOMING PIGEON, SONGBIRD OR ANY OTHER WILD BIRD WITHIN THE CITY LIMITS. SEC710N 7WO: ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE E^I~NT OF SAID CONFLICT. SEC710N 7HREE: BECAUSE THE PASSAGE OF THIS ORDINANCE IS NECESSARY FOR PUBLIC HEALTH, PEACE, AND SAt-~ll' OF THE CITIZENS OF ~ACKSONVILLE, AN EMERGENCY IS HEREBY DECLARED. THUS THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY UPON PASSAGE. APPROVED AN D ADOt-' I t.D TH IS /q+!, DAY OF DECEMBER, 1996. All t.ST: 0' -;~-" ~uJ~_ TOMMY SWAIM, MAyf ' ~~.Jt,~ LULAV LEONARD, CI1Y ~RK r:-,RO~Di\Y'l.O.. ~~... 0 / ! :)~y C ' / ~.. ~