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0835 3~L? ORDINANCE NO. 8 3 5 (#26-86) AN ORDINANCE AMENDING ORDINANCES NO. 535, 633, and 157: TO PROVIDE FOR MORE EFFICIENT AND EFFECTIVE ENFORCEMENT OF THE ANIMAL CONTROL LAWS WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY: AND FOR OTHER PURPOSES. WHEREAS, the City of Jacksonville, Arkansas, currently has animal control ordinances which do not provide for any type of action to be taken against individuals who treat animals in an inhumane and cruel manner, that do not allow the Animal Control Department employees to issue citations for violations of the animal control ordinances which do not allow an effective means of enforcing the city license fee for animals, and which have other deficiencies that do not provide effective means of enfor- cement of the animal control laws of the City of Jacksonville; and WHEREAS, it is the desire of the City Council of the City of Jacksonville, Arkansas, that the Animal Control Department be vested with the appropriate authority and powers by which to enforce the animal control laws of the City of Jacksonville, Arkansas; and WHEREAS, in order to provide for the health and welfare of the citizens of Jacksonville, Arkansas, the City Council wishes to provide an efficient and effective means by which the Animal Control Department can enforce the animal control laws of the City of Jacksonville, Arkansas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1: The animal control ordinances of the City of Jacksonville, Arkansas, shall be amended to include the following additions and changes. SECTION 2: DEFINITION Ordinance No. 535 shall be amended to include the following definitions: Animal - Any description of vertebrate, excluding Homo sapiens. Animal control authority - Officers and employees of the Jacksonville Code Enforcement office and the Jacksonville Animal Control Department, as well as members of the Jacksonville Police Department. 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 control of a respon- sible person. Cats - All animals of any age, male and female, which are members of the feline or cat family. Control - Any animal shall be considered under control if it is confined to the premises of its owner or is secured by a leash or chain of sufficient strength to prevent the animal from escaping, is confined in an auto or vehicle when away from the premises of the owner, or is under the control of a responsible person. Dogs - Animals of all ages, male and female, which are mem- bers of the canine or dog family. Humane manner - Care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, and wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species and breed. ~ Muzzle - A restraint device of appropriate material with sufficient strength to restrain the dog from biting, made of material and maintained in a manner so as not to cut or injure the animal. Nuisance - An animal shall be considered a nuisance if it damages, soils, defiles, or defecates on private property other than the owner's, or public walks or recreation areas; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noise making; molests, attacks, or interferes with persons in the public right-of-ways; chases vehicles or attacks domestic animals; or chases or attacks any member of the public. Owner - Any person having a right of property or custody of an animal, or who keeps or harbours an animal or knowingly permits an animal to remain on or about any premises occupied by that person over which that person has substantial control. Person - Any individual, corporation, partnership, asso- ciation, organization or institution commonly recognized by law as a unit. Sterilized - Incapable of sexual reproduction. Vaccination - An injection of any vaccine for rabies or other diseases approved by the state veterinarian and administered by a licensed veterinarian, veterinary clinic or hospital, a clinic or hospital operated by a licensed veterinarian. Vicious animal - Any animal that attacks or bites humans or other domestic animals, or otherwise jeopardizes the well-being of humans or other domestic animals. SECTION 3: (LICENSING ~ND VACCI~ATI~N.) Ordinance No. 535 shall be amended to include the following: SUBSECTION A: GENERAL 1. No person shall own, keep or harbour any animal within the City unless such dog is licensed and vaccinated as herein provided. 2. The licensing authority shall maintain a record of all certificates and licenses issued, and shall make such records available to the Animal Control authority. SUBSECTION B: CAT AND DOG LICENSE 1. All cats and dogs over four months of age shall be licensed as provided herein. Application for a cat or dog license shall be made to the licensing authority and shall state the name, address and telephone number of the owner(s)i the name, breed, color, age and sex of the cat or dog; and a certificate of rabies vaccination issued by the licensing authority. Applicants shall pay licensing fees in the amount of $3.50 a year. 2. Application must be made within thirty (30) days after obtaining a cat or dog over four month's of age, or within thirty (30) days of establishing residence within the city. This requirement will not apply to a non-resident keeping a dog within the city for no longer than sixty (60) days. 3. For registered dogs serving the blind or deaf, or government-owned dogs used for law enforcement, licensing fees shall be waived. All other licensing and vaccination provision shall apply. 4. The licensing period shall be for one year and shall be concurrent with the rabies vaccination. -2- M~ 5. The licensing authority shall include licensed veterinarians who are hereby empowered to collect the license fee and issue a cat or dog license and a durable metal tag at the time the animal is vaccinated for rabies. Cat and dog license receipts shall be collected from such veterinarians by the Animal Control authority on a monthly basis. 6. Tags must be attached to the collar or harness of the cat or dog and be worn at all times. Tags are non- transferable from one cat or dog to another cat or dog. SUBSECTION C: RABIES VACCINATION 1. All cats and dogs over the age of 4 months within the city shall be vaccinated against rabies once every year by a licensed veterinarian, who will issue to the owner a durable metal tag and a certificate of vaccination of proof by the Animal Control 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 Health officer, the Code Enforcement office, and the Animal Control officer may adopt such other rabies control regulations as they deem necessary for the protec- tion of the public health and safety. 3. The Rabies Control Act, Act 11 in 1968 as amended by Act 725 of 1975, is amended, adopted and incorporated into this Ordinance as if stated herein word for word. SECTION 4: RESTRAINT. Ordinance No. 535 shall be amended to include the following: (a) Confinement - Any person owning, possessing or keeping a dog or (s) shall confine such dog within an adequate fence or enclosure or within a house, garage or other building, or shall confine such dog by chain or leash affixed to the dog's collar and attached to some substantial stationary object adequate to prevent the dog(s) from running at large. It shall further be the duty of any owner or keeper of any dog(s) to keep such dog under such control so as to: (1) prevent such dog from becoming a danger to persons or property, or trespassing upon another person's property without that person's permission; and (2) pre- vent such dog from running at large upon the streets, sidewalks, alleys, parks or other public places of the city. (b) Limitation - It is unlawful for any person to own, keep, or harbour more than four cats and/or dogs over the age of four months within the corporate limits of the City of Jacksonville. This provision shall not apply to veterinary cli- nics and/or hospitals, pet stores or shops, and grooming shops within the city limits. The presence of more than four cats or dogs over the age of four months on the premises shall be prima facie evidence of violation of this section, and the burden of proof shall be upon the owner to provide proof of the animals' ages. (c) It is the duty of any person owning, keeping or possessing any animal to control such animal so as to prevent that animal from becoming a nuisance (as defined in Section 2 of this Ordinance). Any person owning, keeping or possessing an animal fround to be a nuisance shall be guilty of violating this Ordinance. (d) Vicious Animal - An owner of a vicious animal must con- fine it within a building or secure enclosure and not release it -3- ~",,5Yo therefrom unless it is securely muzzled. Any vicious animal trespassing or running at large is hereby declared a nuisance and may be impounded pursuant to the provisions of Section 6 hereof or as ordered confined by the Animal Control authority. Further, in any prosecution of the owner or keeper of any such vicious animal for trespassing or running at large, the Municipal Court may, upon conviction entered, order that such animal be humanely destroyed. (e) Every female cat or dog in heat shall be kept confined in a building or secure enclosure or in a veterinary clinic or hospital or any kennel in such a manner that such female cat or dog cannot come into contact with another cat or dog except for intentional breeding purposes. (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. SUBSECTION C: MAINTENANCE OF PREMISES 1. It is unlawful for any person keeping or harbouring cats or dogs to fail to keep the premises where such cats or dogs are kept free from offensive odors to the extent that such odors are disturbing to the person(s) residing within reasonable proximity of the premises. It is unlawful to allow premises where cats or dogs are kept to become unclean and a threat to the public health by failing to diligently and systematically remove all animal waste from the premises. SUBSECTION D: RABIED ANIMALS OR ANIMALS SUSPECTED OF HAVING RABIES 1. Every veterinarian shall report promptly to the Animal Control authority all cases of rabies in animals treated by him giving name and address of the owner(s) and addresses of any animal(s) or human(s) bitten by such rabied animal, so far as known. 2. Any person having knowledge that an animal, domestic or wild, is rabied, or suspects an animal of having rabies, or knowledge that an animal has been bitten by a rabied animal, or knowledge that a human has been bitten by a rabied animal, shall promptly report such information to the extent known, to the Animal Control authority. 3. It shall be the duty of the owner, the Animal Control Department, or the person or agency gaining infor- mation that any domestic animal or person has been bitten or has probably been infected with rabies, to incarcerate or impound the animal in the institution of some competent veterinarian within the city or county, where the animal shall be held for observation for a period of ten (10) days, or longer if, in the opinion of the state veterinarian, con- finement is determined necessary, to determine whether the animal is infected with rabies. The owner of the suspected animal shall be responsible for any and all expenses incurred. SECTION 5: CRUELTY TO ANIMALS 1. 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 mistreat, any animal; (b) fail to provide any animal with proper food, drink, protection from the weather or veterinary care; or (c) abandon any animal within the corporate limits of -4- J;-1 the City of Jacksonville. Any person desiring to, in any way, abandon an unwanted animal may take the animal to the Animal Shelter and, upon relinquishment of owership and payment of a fee of $2.00, full and complete authority shall be given to the Animal Shelter to make such disposition of the animal as the Shelter may deem satisfactory; (d) intentionally poison any ani- mal; (e) allow or promote any fight between animals or to allow or permit any such fight in or upon any premises in his possession or under his control; (f) allow an animal to be kept in unsanitary conditions; (g) keep or confine an animal in other than a humane manner. 2. The Animal Control authority may remove any animal kept or confined under such conditions and may impound such animal pursuant to the provisions of Section 5 hereof. SECTION 6: IMPOUNDMENT AND ADOPTION SUBSECTION A: IMPOUNDMENT 1. 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) days; and 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 abso- lute property of the Animal Control authority, which may convey ownership of such animal to any responsible person on such conditions as the Animal Control authority may prescribe, or the Animal Control authority may humanely destroy such animal. 2. The Animal Control authority shall make a reaso- nable effort to notify the owner of any animal impounded in the Animal Shelter that the animal has been impounded, of the manner in which the animal may be reclaimed, and that the animal may be destroyed or become the property of the Animal Control authority as provided herein. 3. Notwithstanding any provision of this code to the contrary, the Animal Control authority may refuse to release any animal impounded in the Animal Shelter for contagious diseases, other than rabies, quarantined, or for use as evi- dence in a criminal prosecution, for such time period as the Animal Control authority may determine necessary. 4. Notwithstanding any provision of this code to the contrary, the Animal Control authority may humanely destroy any animal impounded in the Animal Shelter upon the written opinion of a licensed veterinarian that destruction of the animal is necessary to prevent disease or injury to other animals or to humans due to overcrowding in the Animal Shelter, the presence are threatened, presence of contagious disease, or any other condition. 5. Notwithstanding any provision of this code to the contrary, the Animal Control authority may humanely destroy any animal impounded in the Animal Shelter when the Animal Control authority reasonably believes that the animal has sustained an injury or disease which is likely to result in maiming, prolonged and severe suffering, or death of the animal. SUBSECTION B: RECLAIMING THE IMPOUNDED ANIMALS 1. Any person owning, possessing or keeping an animal which has been allowed to run at large and which has been impounded by the Animal Control authority, may claim and retrieve such animal from the City Animal Shelter by paying -5- ,-5:P a fee of $2.00 per day, plus: (a) licensed and vaccinated cats and dogs: 1st offense $15.00; 2nd offense $25.00; 3rd offense $50.00; subsequent offenses $75.00; (b) unlicensed or unvaccinated cats and dogs: 1st offense $25.00; 2nd offense $50.00; 3rd offense $100.00; subsequent offenses $150.00; (c) other animals: each offense $25.00; (d)animals impounded for quarantine purposes or for use as evidence in a criminal prosecution: per day $10.00. 2. The owner of an animal impounded in the Animal Shelter shall be liable for the foregoing fees and charges, notwithstanding the destruction or adoption of the animal. SUBSECTION C: ADOPTION 1. The Animal Control authority may convey ownership or permit adoption of any animal which has become the pro- perty of the Animal Control authority to a responsible per- son subject to such conditions as may be prescribed by the Animal Control authority, including, without limitation, the following: (a) payment of a $5.00 adoption fee and receipt by the Animal Control authority of a statement by the adopting party that the animal will be licensed and vac- cinated within a five (5) day period. (b) evidence satisfac- tory to the Animal Control authority that the animal has, or will be, examined by a veterinarian and vaccinations against rabies or other disease administered. (c) a statement exe- cuted by the adopting party that said animal will be steri- lized within a twenty (20) day period from the date of adoption. The Animal Control authority may, upon good cause shown by the adopting party, grant an extension of time not to exceed thirty (30) days. This statement shall be binding and failure to comply with its terms constitutes a violation of this Ordinance. In that event, the animal shall be returned to the Animal Control authority upon written demand by the authority, with ownership of said animal reverting to the Animal Control authority. SECTION 7: ENFORCEMENT AND PENALTIES - .- (a) Enforcement responsibility - The provisions of this code shall be enforced by the Animal Control authority and by the Jacksonville Police Department. (b) Interference - No person shall interfere with, hinder, or molest the Animal Control authority in the performance of its duties, or seek to release any animal in the custody of the Animal Control authority, except as herein provided. (c) Citations - The Animal Control authority and officers of the Jacksonville Police Department are hereby authorized to issue a citation to any person for violation of any provision(s) of this code. The citation shall be in a form approved by the Jacksonville Municipal Court, shall designate the offense charged, and shall require the person so charged to appear before the Jacksonville Municipal Court on a date certain to answer the charges therein contained. (d) Penalties for violations - Any person violating any 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, and if such violation be con- tinued, each separate day the violation exists shall constitute a separate offense. (e) Equipment - The Animal Control authority is authorized to employ any equipment it deems necessary to enforce the provi- sions of this code, including, without limitation, humane wire box traps; and the Animal Control authority may, subject to con- ditions, lend such traps or other equipment to private persons for the purpose of preventing nuisances resulting from animals at large. -6- "J:(1 (f) Warrant(s) - Any person damaged, harmed, incon- venienced, or injured in any way whatsoever by any violation of this code may swear out an affidavit for a warrant for the arrest of the alleged violator. Any person failing to comply with the provisions of this article shall be subject to the fines imposed by Section 7 of this Chapter. SECTION 8: LIVESTOCK AND FOWL 1. Ordinance No. 157 shall be amended to include the following changes: (a) Small animals and fowl. Small animals such as rabbits and guinea pigs, and fowls such as chickens, pigeons, guineas, turkeys, roosters, and the like may be kept within the city limits subject only to the regulations contained in this Chapter. (b) Maintenance of premises and disturbing noises. An owner of an animal or fowl shall maintain his premises in such a manner as not to constitute either a private nuisance to adjoining pro- perty 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 from offensive odors, which would disturb any person residing within a reaso- nable distance of said premises; and the animals and fowl them- selves shall be restrained in such a fashion that noise emanating therefrom shall not be disturbing to such persons. (c) Enforcement and penalties. Any person found guilty of any of the above provisions (Section 6.08.010 through 6.08.220) shall be subject to the provisions contained in Section 7 of this Ordinance. SECTION 9,: Any ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10: This Ordinance shall be in effect from and after its date of passage. APPROVED AND ADOPTED THIS 20th.-_th day of NOVEMBER 1986. CITY OF JACKSONVILLE, ARKANSAS ATTEST: /") ~~it:( IA. (~:~/,^ LULA M. LEONARi5"~ITY CLERK . \ /" C. ,.uL /(/~ -' K ~- VAUGHAN~ VTY -ATTORNEY- -7- "\ ,,)