0885
ORDINANCE NO.
885
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE SECTION 6.04
(ANIMAL CONTROL); DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the health and safety of the citizens of the City
of Jacksonville must take priority over the rights or privileges
of a person to own an animal that may cause harm to persons or
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: SECTION THREE of Ordinance No. 881 is hereby
repealed.
SECTION TWO: Jacksonville Municipal Code Section 6.04.010
shall be amended by replacing the definition of vicious or
dangerous animal as set out below and by adding the definition of
secure enclosure as set out below.
"Vicious or Dangerous Animal" - Any animal that exhibits
aggressive, fierce, or vicious behavior or that has
attacked a person or other domestic animal with such
severity as to cause harm, physical injury, or property
damage to any degree or otherwise jeopardizes the well-
being of persons or other domestic animals or any animal
with a known propensity, tendency or disposition to attack
unprovoked.
"Secure Enclosure" - Any structure, building, or compound
which confines an animal in which it cannot escape.
SECTION THREE: Jacksonville Municipal Code Section
6.04.040 shall be amended to read as follows:
Vicious Animal - Restraint
(1) It is hereafter unlawful for any person, firm, or cor-
poration to keep within the corporate limits of the City
any vicious animal unless it 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 which would prohibit entrance by anyone other than the
owner.
(2) No person keeping a dog or other animal known by him to be
vicious or dangerous shall allow the same to run at large
or to run loose on or within the premises of such person,
in such a manner as to endanger the life or limb of any
person lawfully entering such premises.
(3) All animals which are known to be or are suspected of
having vicious propensities must be muzzled and leashed or
confined in a secure enclosure. printed notices shall be
conspicuously displayed whereby the same may be seen by
persons passing in the vicinity where such animal is kept.
(4) In any case where an animal bites, molests, or injures or
it is believed that the animal has bitten, molested, or
injured any person, or if said animal is discovered running
at large or is suspected of being diseased, such animal
shall be confiscated by the Animal Control authority,
impounded in accordance with the provisions of this Code,
and if appropriate, ordered humanely destroyed in accor-
dance with the provisions of this Code by the Municipal
Court Judge.
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(5) Every structure or enclosure in which any vicious animal is
kept shall be so constructed and maintained as to prevent
escape, and all reasonable precaution shall be taken to
protect the public from the animal.
(6) No animal shall be allowed to cause or to constitute a
hazard or menace to the health, peace, or safety of the
community.
(7) Any animal alleged to be in violation of this Ordinance
shall be confined at the Jacksonville Animal Shelter, or an
appropriate site selected by the Animal Control Officer,
until the matter is disposed of by the Jacksonville
Muncipal Court; and said confinement shall be at the
expense of the owner or keeper of the animal that has been
charged with a violation of this Ordinance.
(8) The office of Animal Control shall be responsible for
determining whether a dog is vicious, and upon such a
determination said office shall notify 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 Municipal Court of Jacksonville within ten (10) days
thereof.
(9) Exceptions. A vicious animal shall not be considered owned
or kept in Jacksonville, Arkansas, if said animal is only
brought into the City to a licensed Doctor of veterinary
Medicine located in Jacksonville for the purpose of veteri-
nary care, as opposed to boarding, and so long as said
animal remains in Jacksonville only as long as is necessary
for the completion of said veterinary care, provided,
however, that said animal, at all times, shall be subject
to all applicable restrictions by virtue of said animal
being defined as a vicious animal in this Ordinance.
SECTION FOUR: SECTION FOUR of Ordinance No. 881 is hereby
repealed.
SECTION FIVE: Section 6.04.110 (d) of the Jacksonville
Municipal Code is hereby amended to read as follows:
(d) penalties for violations.
1. The owner or keeper of any vicious animal or 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 construed to prohibit the
Jacksonville Municipal Judge from ordering the animal humanely
destroyed if he finds such destruction to be in the best
interest of the citizens of the City of Jacksonville.
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2. Any person violating any other provision of this code
shall be deemed guilty of a misdemeanor and, upon con-
viction, shall be punished by a fine of not less than
$25.00, nor more than $500.00, and if such violation
be continued, each separate day the violation exists
shall constitute a separate offense.
SECTION SIX: In the event any Section, paragraph, sen-
tence, clause, or phrase of this Ordinance be declared unconstitu-
tional or invalid for any reason, the remainder of said Ordinance
shall not be affected thereby; and it is intended that every other
Section, paragraph, sentence, clause, and phrase of this Ordinance
shall remain and be in full force and effect.
SECTION SEVEN: All Ordinances or parts of Ordinances in
conflict herewith are specifically repealed to the extent of such
conflict.
SECTION EIGHT: It is hereby ascertained and declared that
an emergency exists and this Ordinance, being necessary for the
immediate preservation of the public peace, health, and safety,
shall take effect and be in force from and after its passage.
APPROVED AND ADOPTED THIS 7th
DAY OF
JULY
1988.
CITY OF JACKSONVILLE, ARKANSAS
~ ~ .
BY:_ 1~ ~
TOMMY SWAI~A R
ATTEST:
lO Lt, (/J U'
(~~ / It;, cx:;~.-,~
'LUb-A/'M. LEONARD, C~'TY CLERK
APPROVED AS TO FORM: