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0157ORDINANCE NUMBER g' _ AN ORDINANCE PRESCRIBING CERTAIN RULES AND REGULATIONS REGARDING THE KEEPING OF LIVESTOCK, SMALL ANIMALS AND FOWL WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; PROVIDING FOR THE IMPOUNDING OF ANIMALS; RESTRICTING RUNNING AT LARGE; PROVIDING FOR THE DISPOSAL OF DIS- EASED AND DEAD; DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED, BY THE CI'T'Y COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: That from and after the ad adoption and passage of this Ordinance the following regulations shall be -,enforced with. respect to the keeping of livestock, small animals and fowls within the limits of the City of Jacksonville, Arkansas: SECTION 1„ LIVESTOCK. A. SWINE. It shall be unlawful to maintain or keep at any time any hogs, pigs or swin within the corporate limts of the city. B. OTHER LIVESTOCK. It shall be unlawful to keep cows, goats, sheep, horses or other large animals of the hoofed variety, unless such animals are situated within a lot or pen of an area of not less than one-half acre; which lot or pen shall not be closer than one hundred (100) feet to any residence, other than that of the owner.of the livestock, and not closer than one hundred (100) fett to any business building regularly used by large numbers of people. SECTION 2. SMALL ANIMALS AND FOWL. Housing required; Location of Pens, Etc. Small animals such as rabbits, guinea pigs; and fowl, such as chickens, pigeons, guineas, turkeys and the like may be kept within the city limits subject only to the following regulations: A. All such animals and fowl must be provided with adequate housing, Floor space in such houses must have the following minima: Rabbits and other such four -legged, fur --bearing animals, four (4) square feet per animal over four months of age. Turkeys, four square (4) feet per bird over four months of age, Chickens, pigeons and other similar fowl, 2(two) square feet per bird over four months of age. Bantams, one (1) square foot per bird over four months of age. - Page 2 B. All pens or yards where such animals are kept shall be placed the following minimum distances from any business estab- lishment which is regularly used by large numbers of people, and/ or any residence okher than that of the owner of said animals or fowl. Rabbits, ten (10)feet. All other animals referred to in sub -section A. hereof, twenty-five (25) feet. Chickens or other similar fowls, must be kept at least five (5) feet from owner's resi- dence, as well as twenty-five (25) feet from the resi- dence of the nearest neighbor. SECTION 3. FEED STORES AND POULTRY HOUSES; KEEPING OF POULTRY AND ANIMLS. Feed stores may keep poultry and animals for demonstration purposes provided same are kept inside the business building and comply with all sanitary regulations provided in this Ordinance. Poultry houses may keep fowls for sale provided same are kept inside the business building and comply with all the santiary regulations provided in this Ordi- nance. SECTION 4. SANITARY REQUIREMENTS AS TO HOUSING AND PENS. shall be unlawful for any person having authority to control th( use of any stable, pen, lot, shed, stall, or other place where animals, livestock or fowls are kept, to allow the same to be- come filthy, malodorous, or insanitary. Every person who owns or keeps such animals livestock, or fowl shall maintain in con• nection therewith a garbage can, bin or pit in which the manor. from such animals shall be placed pending removal from the pre Such garbage can, bin or pit shall be provided with covers or devices 4pproved by the City Inspector, the City Animal Contrc Worker or the County Health Officer, 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 remo from the house of the nearest neighbor, the nearest business ing and most remote from any street or avenue; but must remai. the premises of the owner. All persons controlling such placo where animals or fowls are kept shall remove all manure from garbage can, bins or pits before same shall become malodorous insanitary. It is further provided, however, that any person 7 ,9 L, -are 3kaot s � y Lit 0 i t F`'f4 r Vim." j + f .- P Page 4 impounding and keeping such animals, under Sections 6 and 7 hereof. SECTION 7. RUNNING AT LARGE. A. LIVESTOCK 1. No horse, mule, mare, colt, jack, ,jenny, swine, cow, sheep, goat, or any other livestock of any kind shall be per- mitted or suffered to run at large within the city at any time, and it is hereby declared to be unlawful for the owner or person in charge of any of the animals above mentioned to suffer or permit any of such animals to run at large within the city contrary to the provisions of this Section. 2. Whenever any such animal or livestock as set forth in this Section shall be found to be running at large within the limits of the city, the same shall be impounded. 3. Whenever any person or officer of the city shall take charge of any animal of the kind set forth within this Section for the purpose of Impounding the same, such person so impounding said stock shall at once notify the owner of such animal, if known, that the animal has been taken possession of, and if the owner of said animal shall within twenty-four (24) hours after being notified, appear and claim his stock the same shall be delivered to said owner. If the owner of said stock be unknown to the person or officer taking up or impounding the same, then such person or officer shall publish notice in a newspaper of general circulation within the city, giving a description of the animal, setting out therein the marks, brands and flesh marks of said animals so impounded, and calling upon the owner of such animal to prove his ownership or interest therein to such person or officer within ten (10) days after the publication of such notice, and upon such proof being made to the satisfaction of such person or officer, and the payment of actual expenses incurred in the taking care of said animal, and costs of notice, the person or officer having the same in his possession shall at once deliver such animal to the owner. 4. If the owner of such animal fails or refuses to claim and repossess such animal by the payment of the proper fee assessed for such maintenance and notice, the person or officer so holding Page 5 said animal may deliver custody and possession to any person other than the owner and upon the payment of the fee as pre- scribed herein upon the eleventh or any subsequent day after notice is published. SECTION 7, Continued. B. SMALL ANIMALS OR FOWL. 1. It shall be unlawful for any person, firm or corpora- tion to permit small animals or fowl to run at large within the corporate limits of the city. 2. Impounding. Any small animal, chicken or other fowl, prohibited from running at large by subparagraph 1 above, which shall trespass upon the property of persons used as a residence may be impounded by such persons residing therein, and the owner or owners of said chickens, small animals or fowl, if known, must be notified at once and such owner shall be entitled to possesion thereof upon the payment of the fees hereinafter pro- vided and the damage done by such animals, chickens or fowls. The fees shall be as follows: For each such animal, chicken, or fowl, ten (10¢) cents per day. The damage done by such small animal, chicken or other fowl, if the same cannot be adjusted between the owner and the person taking up such animal or fowl, shall be assessed by three disinterested householders of said city who shall first take an oath before the City Clerk to assess the damages fairly and honestly, and their assessment shall be final. 3. Impounding fees to be paid. If the owner of the animals or fowls impounded, after being notified thereof, shall neglect to pay the fees and damages, the taker -up of such animals or fowls may sell the same at public auction for cash, after first giving five (5) days notice of the time, place and terms of such sale by handbill posted at the frontdoor of City Hall, a copy of said notice to be delivered to the owner of such animals or fowls, if known; and the proceeds from such sale shall apply first to the expenses of the notice and sale; second, to the satisfaction of fees and damages, and the balance shall be paid to the owner of the animals or fowls, if known; if not known, the taker -up shall Page 6 make affidavit to the City Clerk giving therein a description of the animals or fowls sold, the amount received at such sale, the costs held by the taker -up, fees and damages; and the balance, if any, received shall be paid over to the City Clerk for deposit within the general funds of the city, if not claimed by said owner within five (5) days after such sale. SECTION S. PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of Section 7 of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed twenty-five ($25.00) Dollars. SECTION 9. DISEASED AND DEAD ANIMALS. A. Keeping Diseased Animals or Fowl. It shall be unlaw- ful for any person to have and keep any animal, species of livestock or fowl infected with a disease which may contaminate other animals, livestock or fowls and which may be a health hazard. B. Treating or Killing Diseased Animals, Livestock, Fowl, Any livestock, animals or fowls within the limits of this city when said disease is discovered shall immediately be treated or killed, or disposed of under the direction or order of the City Inspector; provided such animal, livestock or fowl has been diagnosed by competent veterinary inspection to bear such infec- tion. 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 sus- pected, without being guilty of any form of trespass. C. City Inspector to Make Suitable Regulations. The City Inspector be and he is hereby ordered, directed and authorized to make and promulgate such suitable regulations, not in conflict with this Section, as necessary to govern the care or disposition of any dead or diseased animal, livestock or fowl found within the limits of this city, D. Penalty for Failure to Comply. Any person failing to comply with the provisions of this Section of any orders or direc- tions issued by the City Inspector in pursuance of this Section, shall be deemed guilty of a misdemeanor and upon conviction shall be