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1691ORDINANCE NO. 1691 (#10 - 2022) AN ORDINANCE TO AMEND VARIOUS SECTIONS OF THE JACKSONVILLE MUNICIPAL CODE, CHAPTER SIX (LIVESTOCK AND FOWL) FOR THE CITY OF JACKSONVILLE; AND FOR OTHER PURPOSES. WHEREAS, it is the intent of the City Council of the City of Jacksonville, Arkansas to amend the Jacksonville Municipal Code and adopt the new Animal Control regulations set forth below in an effort to encourage the humane treatment of animals. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Jacksonville Municipal Code §6.08.030, Small animals and fowl — compliance with regulations, shall be amended to include and codified as follows: Small animals such as rabbits, guinea pigs, and fowl, such as chickens, pigeons, and turkeys, may be kept within the City limits, subject only to applicable regulations contained in this Code. In all circumstances, fowl shall be maintained no closer than Fifty Feet (50') from any adjacent property line or public street. It shall be unlawful for any person to keep chickens within the City without a permit from Jacksonville Animal Control. Jacksonville Animal Control and their authorized agents shall make an investigation to determine whether or not the person seeking a permit under this section has met all of the requirements of this section and all other health and sanitary ordinances of the City. Upon approval of the application for a permit under this section by Jacksonville Animal Control, such approval shall be presented to the Public Works Director who shall issue the permit. A fowl permit shall be $10.00 per year and shall be paid on or before January 1 of each year. Permits will be issued for a maximum of six (6) chickens consisting of only females. It shall be unlawful for any person to own, keep, or harbor roosters within the City limits except in compliance with the provisions of this Code. Any owner, keeper, or harborer of a rooster will have Thirty (30) days after the passage and publication of this Ordinance to meet the following criteria: a) bring the animal to the Jacksonville Animal Shelter where authorized personnel will assign a registration number to the animal and shall direct the owner to a licensed veterinarian to cause a computer chip to be implanted in the animal. Documented proof of said implementation must be returned to the Jacksonville ORDINANCE NO. 1691 (910 - 2022) Page Two Animal Control, which shall maintain a file containing the registration numbers, names of the animals, and the names and addresses of the owners. The owner shall notify Animal Control of any change of address; b) confine the rooster in an enclosure that is of sufficient height and strength to retain the rooster; c) maintain the enclosure in which the rooster is confined in a manner that does not create offense odors, fly breeding, or any other nuisance or condition that is injurious to the public health, safety, or welfare; and d) shall not allow the rooster to violate the noise restrictions of Jacksonville Municipal Code 9.36.032. SECTION TWO: Jacksonville Municipal Code §6.08.050, Small animals and fowl — housing — distance from business establishments and residences, shall be amended to include and codified as follows: C. Fowl — Fifty Feet (50'). For the purpose of calculating the distance requirement of this section, the width of alley, street rights-of-way, and other public rights-of-way will be used. The distance between the fowl enclosure and an adjacent property line must be measured in a straight line, without regard to intervening structures or objects, from the nearest exterior wall of the enclosure to the nearest property line. SECTION THREE: All Ordinances, parts of Ordinances, or previous actions taken by said Council in conflict herewith are hereby repealed to the extent of such conflict. SECTION FOUR: This Ordinance, necessary for the continued efficient delivery of public services and for the benefit, health, safety, and welfare of the citizens of Jacksonville, should be implemented immediately. Therefore, an emergency is hereby declared, and this Ordinance shall be in force and effect from and after its date of passage. APPROVED AND ADOPTED THIS DAY OF APRIL, 2022. CITY OF JACKSONVILLE, ARKANSAS BOB JOHNSON, MAYOR ATTEST: SUSAN DAVITT, CITY CLERK APPROVED AS TO FORM: STEPHANIE FRIEDMAN, CITY ATTORNEY Tabled on April 7, 2022 and committee was formed. Later replaced by Ordinance 1697.