Eureka Springs, Arkansas

North Little Rock, Arkansas

Eureka Springs, Arkansas

Municipal Code of City of Eureka Springs Arkansas

Chapter 10 ANIMALS*

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*Cross references: Animal drawn vehicles operated for hire, § 18-41 et seq.; environment, ch. 42; health and sanitation, ch. 58.

State law references: Rabies generally, A.C.A. § 2-40-1101 et seq.

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Article I. In General

Article II. Condition of Enclosures

ARTICLE I. IN GENERAL

Sec. 10-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any and all type of animals, both domesticated and wild, male and female, singular and plural.

Animal shelter means any facility operated by a humane society or municipal agency or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

Auction means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owners.

Circus means a commercial variety show featuring animal acts for public entertainment.

Commercial animal establishment means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition, or kennel.

Fowl means any and all fowl, domesticated and wild, male and female, singular and plural.

Grooming shop means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

Humane officer means any person designated by the state, a municipal government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state.

Juvenile means any animal from weaning to seven months of age.

Kennel means any premises wherein any person engaged in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and cats.

Owner means any person owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

Performing animal exhibition means any spectacle, display, act or event, other than circuses, in which performing animals are used.

Pet means any animal kept for pleasure rather than utility.

Pet shop means any person, whether operated separately or in connection with another business enterprise except for a licensed kennel, who buys, sells or boards any species of animal.

Public nuisance means any animal which:

(1)     Molests passersby or passing vehicles.

(2)     Attacks other animals.

(3)     Trespasses on school grounds.

(4)     Is repeatedly at large.

(5)     Damages private or public property.

(6)     Barks, whines or howls in an excessive, continuous or untimely fashion.

Restraint means any animal secured by a leash or a lead, or under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner.

Riding school or stable means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.

Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

Vicious animal means any animal that when unprovoked: (a) Inflicts bites on a human, domestic animal, or livestock either on public or private property, or (b) chases or approaches a person upon the streets, side-walks, or any public grounds or private property in a menacing fashion or apparent attitude of attack, or (c) any animal with a known propensity, tendency, or disposition to attack unprovoked or to cause injury or otherwise to threaten the safety of humans, domestic animals, or livestock on any public or private property.

Wild animal means any live monkey (nonhuman primate), racoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal which can normally be found in the wild state.

Zoological park means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals operated by a person or governmental agency.

(Code 1978, §§ 6.04.01, 6.12.01; Ord. No. 1841, §§ 1, 2, 8-17-2000)

Cross references: Definitions generally, § 1-2.

Sec. 10-2. Penalties.

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and shall be subject to section 1-4. Any animal determined to be a vicious animal by the municipal court shall, after 30 days of the entry of judgment ordering the animal destroyed, be humanely put to death unless the owner shall have made provision to keep the animal outside of the corporate limits of the city. All costs of maintaining the animal shall be charged to the owner if he is convicted of maintaining a vicious animal within the corporate limits of the city. Otherwise such costs shall be paid by the city.

(Code 1978, § 6.04.09)

Sec. 10-3. Hunting unlawful.

It shall be unlawful for any person to hunt animals within the corporate limits of the city.

(Ord. No. 1801, § 1, 10-27-1998)

Sec. 10-4. Leg traps prohibited.

It shall be unlawful to place or set any steel jaw (also referred to as leg hold) trap within the city.

(Code 1978, § 6.14.01)

Sec. 10-5. Animal care.

(a)     No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

(b)     No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.

(c)     No owner of an animal shall abandon such animal.

(d)     No person shall give away any live animals, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was the purpose of attracting trade.

(e)     Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; if the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society.

(f)     No person shall expose any known poisonous substance, whether mixed with food or not, so that it shall be liable to be eaten by any animal; however, it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances.

(Code 1978, § 6.04.06)

Sec. 10-6. Unlawful to allow vicious animal to run at large.

It shall be unlawful to permit any dangerous or vicious animal of any kind to run at large within the city. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the city.

(Code 1978, § 6.08.02)

Sec. 10-7. Running at large, impounding.

Any animal or fowl that is found running at large within the city is declared to be a nuisance and shall be impounded in some suitable place designated by the mayor.

(Code 1978, § 6.08.09)

Sec. 10-8. Running at large, impounding, feeding.

It shall be unlawful to permit any cattle, horse, mule, sheep, goat, rabbit or poultry to run at large in the city. Any such animal running at large in any public place shall be impounded in the manner provided in this chapter. It shall further be unlawful to picket or tie any such animal in any of the streets for the purpose of grazing or feeding.

(Code 1978, § 6.08.04)

Sec. 10-9. Disturbing the peace.

It shall be unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night.

(Code 1978, § 6.08.03)

Sec. 10-10. Licensing.

(a)     Any person owning, keeping, harboring or having custody of any animal over three months of age within the city must obtain a license. This provision may not apply to the keeping of small caged birds or aquatic and amphibian animals solely as pets.

(b)     Written application for licenses shall be made to the licensing authority at city hall within the time limits as provided in this section. The application shall include name and address of applicant, description of the animal, the appropriate fee as enumerated in subsection (j), and rabies certificate issued by a licensed veterinarian or antirabies clinic. For purposes of licensing, the rabies certificate must be current, meaning that it must not be required to be renewed within less than one calendar year.

(c)     If not revoked, licenses for the keeping of dogs and cats shall be for a period of one year.

(d)     Application for a license must be made within 30 days after obtaining a dog or cat over three months, except that this requirement will not apply to a nonresident keeping a dog or cat within the city for not longer than 60 days.

(e)     License fees shall not be required for dogs used by the visually or hearing impaired or governmental police dogs.

(f)     Upon acceptance of the license application and fee, the licensing authority shall issue a durable tag, stamped with an identifying number and the year of issuance. Tags should be designed so that they may be conveniently fastened or riveted to the animal's collar or harness.

(g)     Dogs and cats must wear identification tags at all times when off the premises of the owners.

(h)     The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public when owner identification is necessary.

(i)     The license shall remain in force for a period of twelve (12) months from the date of issuance, expiring on the last day of the twelfth (12 th ) month. There is no prorating on any license fee. Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their respective renewal month.

(j)     Fees:

Adult dogs:

Unaltered . . . $10.00

Altered . . . 3.50

Juvenile dogs . . . 3.50

Adult cats:

Unaltered . . . 10.00

Altered . . . 3.50

Juvenile cats . . . 3.50

In order to receive the fee advantage for altered dogs and cats, an individual must provide either proof of alteration from a licensed veterinarian or a written statement from a licensed veterinarian that the spay/neuter procedure would be harmful to the animal.

(k)     A duplicate license may be obtained upon payment of a $1.00 replacement fee.

(l)     No person may use any license for any animal other than the animal for which it was issued.

(Code 1978, § 6.04.02; Ord. No. 1841, § 3, 8-17-2000)

Sec. 10-11. License issuance and revocation.

(a)     The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulation promulgated by the licensing authority or any law governing the protection and keeping of animals.

(b)     Any person whose permit or license is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept or harbored; and no part of the permit or license fee shall be refunded.

(c)     It shall be a condition of the issuance of any permit or license that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.

(d)     If the applicant withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license.

(e)     No person who has been convicted of cruelty to animals shall be issued a license.

(f)     Any person having been denied a license may not reapply for a period of 30 days. Each reapplication shall be accompanied by the appropriate fee.

(Code 1978, § 6.04.03)

Sec. 10-12. Restraint.

(a)     All dogs shall be kept under restraint. If a leash is used, it shall be of sufficient strength and not over ten feet in length.

(b)     No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.

(c)     Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come in contact with another animal except for planned breeding.

(d)     It shall be illegal to maintain any vicious animal within the corporate limits of the city, regardless of whether or not it is kept under restraint by its owner.

(Code 1978, § 6.04.04)

Sec. 10-13. Impoundment and violation notice.

(a)     Unrestrained dogs and nuisance animals shall be taken by the police, animal control officers or humane officers and impounded in an animal shelter and there confined in an humane manner.

(b)     Impounded dogs and cats shall be kept for not less than five working days.

(c)     If by a license tag or other means the owner of an impounded animal can be identified, the animal control officer shall immediately, upon impoundment, notify the owner by telephone or mail.

(d)     The owner of any dog or cat impounded under this chapter may redeem said dog or cat within five days from time of impounding by paying to the animal control officer the appropriate redemption fee.

(1)     The first time a dog or cat is impounded within a one-year period, the redemption fee is $25.00; for the second impound within a one-year period the redemption fee is $50.00; for the third and subsequent impounds within a one-year period the redemption fee is $75.00, except that:

(2)     If a dog or cat is wearing a current pet license at the time of the first impound, no redemption fee will be collected. If the dog or cat is licensed but not wearing a current pet license at the time of the first impound, the redemption fee will be abated upon proof of licensing. If the dog or cat is not licensed at the time of the first impound, the redemption fee will be refunded if the owner licenses the dog or cat within seven days and provides proof of licensing to the animal control officer within 14 days. Except that, if a dog or cat is unaltered at the time of the first impound, the redemption fees shall not be waived, abated, or refunded.

(3)     If a dog or cat is unaltered at the time of the second or subsequent impounds within a one-year period, the owner shall be responsible for a redemption fee of $25.00 in addition to the redemption fees enumerated in subsection (1).

(e)     In addition to the redemption fee, the redeemer shall pay, as a boarding charge for the caring and keeping of such dog or cat, the sum of $10.00 per day for each day, including the first and last days, that the animal has been impounded. This boarding charge will be collected for the first time impound whether the animal is licensed or not.

(f)     Any animal not reclaimed by its owner within five working days shall become the property of the city or the humane society and shall be placed for adoption in a suitable home or humanely euthanized.

(g)     In addition to or in lieu of impounding an animal found running at large, the animal control officer, humane officer or police officer may issue to the known owner of such animal a citation requiring the owner to appear in municipal court or post a cash bond in lieu of appearance. Said cash bond shall be in the amount of $100.00 and shall be posted at the police department. Any person found guilty of violating this section shall be subject to a fine of not less than $100.00.

(h)     The owner of an impounded animal may also be proceeded against for violation of this chapter.

(i)     The licensing authority shall review automatically all licenses issued to animal owners against whom three or more ordinance violations have been assessed in a 12-month period.

(Code 1978, § 6.04.05; Ord. No. 1841, §§ 4, 5, 8-17-2000)

Sec. 10-13.1. Vicious animals.

(a)     Procedure for declaration of vicious animal.

(1)     The animal control officer shall classify vicious animals. The animal control officer may find and declare an animal to be a vicious animal if the officer has probable cause to believe that the animal falls within the definition set forth in section 10-1. The finding must be based upon:

a.     The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of section 10-1;

b.     Bite reports filed with the animal control officer or any law enforcement officer; or

c.     Actions of the animal witnessed by the animal control officer or any law enforcement officer or humane officer.

(2)     The declaration of vicious animal shall be in writing and shall be served on the owner in one of the following methods:

a.     Certified mail to the owner's last known address; or

b.     Personally; or

c.     If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.

(3)     The declaration shall state at least:

a.     The description of the animal.

b.     The name and address of the owner of the animal, if known.

c.     The whereabouts of the animal if it is not in the custody of the owner.

d.     The facts upon which the declaration of vicious animal is based.

e.     The availability of a hearing in case the person objects to the declaration, if a request is made within ten days.

f.     The restrictions placed on the animal as a result of the declaration of vicious animal.

g.     The penalties for violation of the restrictions, including the possibility of destruction of the animal and fining of the owner.

(4)     If the owner of the animal wishes to object to the declaration of vicious animal:

a.     The owner may request a hearing by the municipal court by submitting a written request and payment of $25.00 court fees to the municipal court clerk within ten days of receipt of the declaration, or within ten days of the publication of the declaration.

b.     If the judge of the municipal court finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.

c.     If the judge of the municipal court finds sufficient evidence to support the declaration, the owner may appeal such decision to circuit court within 30 days of the date of the municipal court decision.

d.     During the entire hearing and appeal process, it shall be unlawful for the owner appealing the declaration of vicious animal to allow or permit the animal to:

1.     Be unconfined on the premises of the owner; or

2.     Go beyond the premises of the owner unless such animal is securely leashed and humanely muzzled or otherwise securely restrained.

(b)     Permits and fees. Following a declaration of vicious animal and the exhaustion of the appeal therefrom, the owner of an animal which has been declared to be vicious shall obtain a permit for such animal from the licensing authority, and shall be required to pay the fee for such permit in the amount of $250.00. In addition, the owner of such vicious animal shall pay an annual renewal fee for such permit in the amount of $50.00.

Should the owner of a vicious animal fail to obtain a permit for such animal or to successfully appeal the declaration of vicious animal, the animal control officer is authorized to seize and impound such animal and, after notification to the owner, hold the animal for a period of no more than five days before destruction of such animal.

(c)     Confinement and identification of vicious animal.

(1)     Following a declaration of vicious animal and the exhaustion of the appeal therefrom, it shall be unlawful for the person owning or harboring or having care of such vicious animal to allow and/or permit such animal to:

a.     Be unconfined on the premises of such person; or

b.     Go beyond the premises of such person unless such animal is securely leashed and humanely muzzled or otherwise securely restrained.

(2)     Animals which have been declared to be vicious animals must be tattooed or have a microchip implanted for identification. Identification information must be on record with the animal control officer and the Good Shepherd Humane Society Shelter.

(d)     Notification of status of vicious animal. The owner of an animal that has been declared a vicious animal shall immediately notify the animal control officer when such animal:

(1)     Is loose or unconfined; or

(2)     Has bitten or otherwise injured a human being or attacked another animal or livestock; or

(3)     Is sold or given away or dies; or

(4)     Is moved to another address.

Prior to a vicious animal being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control officer. The new owner shall comply with all of the requirements of this chapter.

(e)     Penalty for violation. Any person who violates a provision of section 10-13.1 of this chapter shall, upon conviction thereof, be found guilty of a misdemeanor, and shall be subject to the penalties set forth in section 1-4. In addition, any person found guilty of violating section 10-13.1 of this chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any animal for the protection of the public, and such other expenses as may be required for the destruction of any such animal. Provided, that any vicious animal which is in violation of the restrictions contained in subsection 10-13.1(b) or restrictions imposed as part of a declaration as a vicious animal, shall be seized and impounded. Furthermore, any animal which has been declared to be a vicious animal which attacks a human being, domestic animal, or livestock may be ordered destroyed when, in the court's judgement, such vicious animal represents a continuing threat of serious harm to human beings or domestic animals.

(Ord. No. 1841, § 6, 8-17-2000)

Sec. 10-14. Sterilization.

No unclaimed pet dog or cat shall be released for adoption without a written agreement from the adopter guaranteeing that such animal will be sterilized.

(Code 1978, § 6.04.07)

Sec. 10-15. Enforcement.

The civil and criminal provisions of this chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this chapter to interfere with an humane officer in the performance of his duties.

(Code 1978, § 6.04.08)

Sec. 10-16. Cruelty to animals.

No person shall cruelly treat any animal in the city in any way; any person who inhumanely beats, underfeeds, overloads or abandons any animal shall be deemed guilty of a violation of this chapter.

(Code 1978, § 6.08.01)

State law references: Similar provisions, A.C.A. § 41-409.

Sec. 10-17. Condition of stables.

Except in A zones, no person shall cause or allow any stable or place where any animal or fowl is or may be kept to become unclean or unwholesome; and it shall be unlawful to keep any hogs, horses, mules, cattle, goats or sheep in the city.

(Code 1978, § 6.08.06)

Sec. 10-18. Number of animals.

It shall be unlawful to keep, harbor and have custody of more than two rabbits or two chickens, geese, ducks or other domestic fowl provided they are confined at all times in a suitable enclosure. This section shall not apply to the keeping of small caged birds solely as pets.

(Code 1978, § 6.08.07)

Sec. 10-19. Reptiles.

No dangerous or poisonous reptiles may be maintained by any person other than bona fide educational or medical institution for the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the chief of police.

(Code 1978, § 6.08.08)

Sec. 10-20. Reclaiming animals.

The owner of any animals or fowl impounded may redeem the animal or fowl by paying all the costs, charges and penalties assessed, if any, that have accrued up to the time of making the redemption; and when they are paid, the animal shall be released to the owner.

(Code 1978, § 6.08.10)

Sec. 10-21. Disposal of animals.

(a)     Immediately after impounding any animal or fowl, it shall be the duty of the animal control center superintendent to enter, in a book to be kept by the superintendent, the date of impounding and a description of the animal or fowl impounded.

(b)     Public notice of the impounding of such animal or fowl shall be given by posting a description of such animal or fowl and date of impounding on the bulletin board in the police department at the city hall. Any such animal or fowl not redeemed by the owner within five days after the posting of such notice shall be declared to be a public nuisance. The superintendent shall immediately dispose of the animal or fowl by public sale with the proceeds being first applied to the cost of impoundment and the balance deposited in the city treasury.

(Code 1978, § 6.08.11)

Cross references: Solid waste, ch. 90.

Secs. 10-22--10-50. Reserved.

ARTICLE II. CONDITION OF ENCLOSURES

Sec. 10-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Disinfectant means a product recognized and marketed as a germicidal disinfectant compound.

Enclosure means any enclosed area, including buildings, fenced-in areas, pens, cages and pastures.

Sanitation officer means any person designated and authorized by the city, the county or the state to make inspections and enforce regulations for the protection of public health.

(Code 1978, § 6.12.01)

Cross references: Definitions generally, § 1-2.

Sec. 10-52. Cleaned.

Every enclosure wherein animals or fowl are confined or kept in the city shall be regularly cleaned at least one time each calendar week by the owner, operator or custodian of such premises.

(Code 1978, § 6.12.02)

Sec. 10-53. Disinfected.

Every enclosure wherein animals or fowl are kept in the city, if such enclosure has a manmade floor, shall be cleaned with an approved disinfectant at least once each calendar month. If such enclosure has no manmade floor, such enclosure shall be cleaned and disinfected by the removal of all solid animal wastes and the application of lime to the ground.

(Code 1978, § 6.12.03)

Sec. 10-54. Size.

No owner, operator or custodian of any enclosure shall house, keep or harbor dogs in the enclosure unless such enclosure shall provide a minimum of 100 square feet of floor or ground area for each dog or in the alternative shall have a pen or enclosure of such type and construction as approved by the state health department. This section shall not apply to licensed veterinarians keeping dogs in small enclosures in connection with their practice of veterinary medicine.

(Code 1978, § 6.12.04)

Sec. 10-55. Inspection.

A sanitation officer is authorized to enter upon any premises, public or private, for the purpose of making inspections to determine whether the sanitation requirements of this article are being complied with. He may enter upon any premises at any reasonable hour and in making such inspection, shall in no wise be deemed guilty of trespass and shall not be personally liable to any property owner by reason of such action.

(Code 1978, § 6.12.05)

Sec. 10-56. Enforcement.

If upon inspection the sanitation officer finds that the provisions of this article have not been or are not being complied with, he shall give written notice to the owner, operator or custodian of such enclosure; and such owner, operator or custodian shall, within five days after the receipt of such notice, proceed to fully comply with the provisions of this article. No sanitation officer shall give more than two successive notices requiring compliance with sanitation standards to any such owner, operator or custodian notwithstanding compliance with previous notices by such owner, operator or custodian. The specific purpose of this section is to require full and complete compliance with the sanitation regulations contained in this article without the necessity for or the entitlement to any such notice. Any owner, operator or custodian failing to fully comply with the provisions of this article after the receipt of two successive notices shall be deemed to be in violation.

(Code 1978, § 6.12.06)

Sec. 10-57. Failure to comply.

Failure to comply with written notice issued by a sanitation officer within five days shall be a violation of this article. Failure to comply with the provisions of this article after two successive written notices shall be a violation. Interference with any sanitation officer in the performance of his inspection duties shall be a violation.

(Code 1978, § 6.12.07)

North Little Rock, Arkansas

Municipal Code of City of North Little Rock, Arkansas

Chapter 10 ANIMALS*

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*Cross references: Nuisances, § 42-31 et seq.; health and sanitation, ch. 54; parks to be bird sanctuaries, § 70-38; Burns Park to be wildlife sanctuary, § 70-78; dogs in Burns Park, § 70-79.

State law references: Authority to legislate on municipal affairs, A.C.A. § 14-43-601 et seq.

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Article I. In General

Article II. Dogs

Division 1. Generally

Division 2. Impoundment

Division 3. License and Vaccination

Article III. Livestock

Article IV. Fowl

Article V. Animal Establishments

ARTICLE I. IN GENERAL

Sec. 10-1. Interference with enforcement.

It shall be unlawful for any person to:

(1)     Interfere in any manner with the director of the animal shelter or any animal control worker while they have in their custody any animal;

(2)     Remove from the animal shelter any animal which is in the custody of the animal shelter unless the director or other person in charge of the animal shelter has authorized the release of such animal; or

(3)     Knowingly obstruct, impair or hinder, directly or indirectly, the lawful performance of enforcement and animal control functions of the director or other appointed animal control officer.

(Code 1980, § 7-8; Ord. No. 7441, § 1, 4-8-02)

Sec. 10-2. Cruelty to animals.

(a)     It shall be unlawful for any person to:

(1)     Overdrive, overload, overwork, torture, beat, mutilate, kill needlessly, carry or confine in a vehicle in an inhumane manner, or otherwise mistreat, any animal.

(2)     Fail to provide any animal with proper food, drink, protection from the weather and veterinary care.

(3)     Abandon any animal.

(4)     Intentionally poison any animal.

(5)     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.

(6)     Allow an animal to be kept in unsanitary conditions.

(7)     Keep or confine an animal in any other capacity than a humane manner.

(8)     Any owner of a dog, when confining such dog on a chain, shall confine such dog by a chain of at least ten feet, and the chain shall be affixed to the dog's collar and attached to some substantial stationary object adequate to prevent the dog from running at large.

(b)     Animal control officers have the authority to remove any animal subject to cruelty and impound such animal. The animal shall be impounded and not released unless:

(1)     The owner of the animal, who shall not be charged, claims the animal from the animal shelter; or

(2)     The owner of the animal, who was charged and is found not guilty, claims the animal from the animal shelter.

If any owner of such impounded animal pleads guilty, nolo contendere, or is found guilty of cruelty to animals, the animal shall become the property of the North Little Rock Animal Shelter and be available to the public for adoption.

(c)     A person convicted of cruelty to animals shall be punished by a fine of no more than $1,000.00 and no more than one year in jail.

(Code 1980, § 7-3; Emer. Ord. No. 7086, §§ 1, 2, 12-8-97)

State law references: Authority to prevent cruelty to animals, A.C.A. § 14-54-103(7); cruelty to animals, A.C.A. § 5-62-122.

Sec. 10-3. Releasing animals in public places.

(a)     It shall be unlawful for any person to knowingly release any animal in any public place within the city.

(b)     As used in this section, the term "animal" shall mean any animal other than a human being; the term "public place" shall include all properties owned by the city.

(Code 1980, § 7-6)

Sec. 10-4. Keeping of innately wild animals.

(a)     Definition. As used in this article, the term innately wild animal shall mean any mammal, amphibian, reptile or fowl of a species that is wild by nature and that, because of its size, vicious nature or other characteristics, is dangerous to human beings. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, bears, wolves, cougars, coyotes, raccoons, skunks (whether deodorized or not), apes, gorillas, monkeys of a species whose average adult weight is 20 pounds or more, foxes, elephants, rhinoceroses, alligators, crocodiles, caymans, fowl larger than a macaw, all forms of venomous reptiles and any snake that will grow to a length greater than eight feet. The term shall also include any animal listed as an "endangered species" under the federal Endangered Species Act of 1973, as amended, or any fowl protected by the federal Migratory Bird Treaty Act. The term wolf shall be defined by A.C.A. § 20-19-401, et seq. The term innately wild animal shall not include gerbils, hamsters, guinea pigs, mice and domesticated rabbits.

(b)     Violations and penalties. It is hereby declared to be unlawful for a person to own, possess, keep, or harbor an innately wild animal within the city. Any person convicted of violating this section shall be fined not more than $500.00. If the violation in its nature is continuous in respect to time, the fine shall not exceed more than $250.00 per day. Additionally, the convicting court shall either (1) order the animal to be surrendered to competent authority for release in an appropriate habitat or for other lawful disposition, or (2) order the humane destruction of the animal.

(c)     Affirmative defenses. No person shall be convicted of violating this section if such person can establish a defense listed in this subsection by a preponderance of the evidence.

(1)     Zoos, circuses, etc. This section shall not apply to any zoo, circus or sanctuary complying with applicable laws and regulations and keeping such innately wild animals for the education and entertainment of the public.

(2)     Domestic dogs and cats. This section shall not apply to domestic dogs and cats that have been duly licensed and properly treated with a vaccine which the compendium of animal rabies prevention has established is capable of effectively preventing the spread of rabies in the applicable species.

(d)     Liability for innately wild animal that attacks a person. Any person who owns, keeps, harbors, or possesses an innately wild that attacks a person causing harm to person or property or exhibits vicious or ferocious behavior towards a person causing fear shall be guilty of a violation. It is an affirmative defense to this subsection that the animal was provoked. Any person convicted of violating this subsection shall be fined not more than $500.00. Additionally, the convicting court shall either (1) order the animal to be surrendered to competent authority for release in an appropriate habitat or for other lawful disposition, or (2) order the humane destruction of the animal.

(Code 1980, § 7-7; Ord. No. 7586, § 2, 9-22-03)

Sec. 10-5. Veterinarians to report cases of rabies to health officer.

Every veterinarian shall report promptly to the health officer all cases of rabies in all animals treated by him in the city, giving the name and address of the owner and owners' addresses of any animals bitten, as far as is known.

(Code 1980, § 7-27)

Sec. 10-6. Dogs and cats--Vaccination; penalties.

(a)     All dogs and cats within the City of North Little Rock shall be vaccinated at least once a year against rabies and it is made the duty of all owners of dogs or cats, or persons having the possession or control of dogs or cats within this city to have the animals vaccinated with vaccine against rabies.

(b)     Any owner of any dog or cat or any person having the care and control of any dog or cat who fails to have the dog or cat vaccinated according to the terms of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $5.00 nor more than $25.00 for each offense. Any dog or cat termed a stray that is not vaccinated is subject to destruction.

(Ord. No. 7076, §§ 1, 2, 10-13-97)

Editor's note: Ord. No. 7076, §§ 1, 2, adopted October 13, 1997 did not specifically amend the Code; hence, inclusion as § 10-6 was at the discretion of the editor.

Sec. 10-7. Dogs and cats--Number owned, kept or harbored.

(a)     For the purpose of this section, an animal shall be defined as a dog or a cat.

(b)     It shall be unlawful for any person to own, keep or harbor more than four animals which are over 12 weeks old within the city limits. Keeping on the premises of the owner of more than four animals outside of their dwelling shall be prima facie evidence of a violation of this section, and the burden of proof shall be on the owner to show the age of such animals.

(c)     This section shall not apply to:

(1)     Animal hospitals and veterinarians when such animals are kept for normal business purposes; and

(2)     Cats that are indoor pets.

(Ord. No. 7080, §§ 1--3, 11-10-97; Ord. No. 7181, § 1, 11-23-98)

Editor's note: Ord. No. 7080, §§ 1--3, adopted November 10, 1997, did not specifically amend the Code; hence inclusion as § 10-7 was at the discretion of the editor.

Sec. 10-8. Sterilization of impounded dogs and cats.

(a)     It shall be unlawful for any pound, shelter, or humane organization supported wholly or partly by public funds to release any dog or cat which has not been sterilized to a new owner unless, except as provided in subsection (c) of this section, a promise to spay or neuter the animal has been signed by the person acquiring the animal.

(b)     (1) The sterilization shall be performed by the date stipulated, except that the releasing agency may grant an extension of time not to exceed 30 days upon the request of the owner.

(2)     a.     The signed promise shall be binding, and failure to comply shall constitute a violation of this section.

b.     In such case, the animal described therein shall be returned to the releasing agency upon demand. Ownership of the animal reverts to the releasing agency in such instance. No claim may be made by the owner to recover expenses incurred for maintenance of the animal, including the initial procurement cost.

(c)     (1) In any county in the state having a population of 300,000 or more persons according to the most recent federal decennial census, it shall be unlawful for any pound, shelter, or humane organization to release to a new owner any dog or cat over two months of age which has not been sterilized except as provided in subsection (c)(2) of this section.

(2)     a.     An animal which in the opinion of a veterinarian licensed to practice veterinary medicine in the State of Arkansas is medically compromised to the extent that it cannot withstand immediate sterilization may be temporarily released pursuant to a foster care agreement until such time as it can safely be sterilized or until two veterinarians licensed to practice veterinary medicine in the State of Arkansas certify that is unlikely that the animal will ever recover to the extent that it can safely be sterilized.

b.     1.     At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding.

2.     An owner who violates the agreement shall be subject to the penalties set forth in subsection (d) of this section.

(d)     Violations of this section are declared to be misdemeanors punishable by a fine of not less than $100.00 nor more than $500.00.

(Ord. No. 7403, § 1, 10-22-01)

Secs. 10-9--10-35. Reserved.

ARTICLE II. DOGS

DIVISION 1. GENERALLY

Sec. 10-36. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

At large means a dog which is not confined to the premises of the owner or within a house or other building, or enclosed or restrained on the premises of the owner by a leash sufficiently strong to prevent the dog from escaping and restricting the dog to the premises, or not confined by leash or confined within an automobile when away from the premises of the owner.

Dogs means animals of all ages, both female and male, which are members of the canine or dog family.

Owner means every person owning, keeping or harboring a dog within the city.

(Code 1980, § 7-21)

Cross references: Definitions generally, § 1-2.

Sec. 10-37. Number limited.

It shall be unlawful for any person to own, keep or harbor more than four dogs which are over six months old within the city, except that this provision shall not apply to proprietors of dog hospitals and veterinarians when such dogs are kept upon the premises used by such dog hospital and veterinarians as their normal place of business. Keeping on the premises of the owner of more than four dogs shall be prima facie evidence of violation of this section, and the burden of proof shall be on the owner to show the age of such dogs.

(Code 1980, § 7-22)

Sec. 10-38. Running at large prohibited.

No person owning, possessing or keeping a dog shall allow such dog to run at large within the city.

(Code 1980, § 7-23)

State law references: Authority of city to prevent dogs from running at large and providing for the destruction of the same, A.C.A. § 14-54-1102.

Sec. 10-39. Citations.

The police department, the health department and animal control workers are hereby authorized to issue citations for violations of this article.

(Code 1980, § 7-35)

Sec. 10-40. Barking and howling.

It shall be unlawful for any person to keep on his premises or under his control any dog which by loud and frequent barking and howling shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where such dog is kept.

(Code 1980, § 7-24)

Sec. 10-41. Dog pens.

Outdoor dog pens shall be located 75 feet from any dwelling other than the person owning or controlling the dog. There shall be at least 150 square feet in such pen for each dog kept therein which is over six months of age.

(Code 1980, § 7-25)

Sec. 10-42. Condition of premises.

It shall be unlawful for any person keeping or harboring dogs to fail to keep the premises where such dogs are kept free from offensive odors to the extent that such odors are disturbing to any person residing within reasonable proximity of such premises. A diligent and systematic effort must be made to eliminate or fill any holes on the premises to avoid said holes from holding water, urine or feces. It shall be unlawful to allow premises where dogs are kept to become unclean by failing to diligently and systematically remove all animal waste from the premises every 72 hours.

(Code 1980, § 7-26; Ord. No. 7513, § 1, 12-23-02)

Sec. 10-43. Molesting dogs.

It shall be unlawful for any person to tie to the tail of any dog a tin can or paper bag or in any other way annoy or harass any dog upon any street, sidewalk or alley in this city.

(Code 1980, § 7-30)

Sec. 10-44. Vicious dogs.

(a)     Definitions. For the purposes of this section, the term vicious dog shall mean any member of the canine (dog) family that:

(1)     Has exhibited fierce or vicious behavior toward a person;

(2)     Has attacked a person or another animal with such severity as to cause physical injury or property damage; or

(3)     Is the offspring of a domestic dog and an innately wild animal. The behavior of a dog should not be considered vicious if the dog was provoked or teased. When rendering a determination pursuant to this section, any canine that reasonably resembles an innately wild animal shall be presumed to be the offspring of a domestic dog and an innately wild animal; however, this presumption may be defeated by a preponderance of evidence to the contrary. When used in this section, the term "offspring" includes animals that are separated by less than three reproductive generations from an innately wild animal.

(b)     Initial determination. An animal control officer shall deem a canine to be a vicious dog if the animal control officer determines that the canine satisfies the definition of a vicious dog as described in subsection (a). Upon deeming the canine to be a vicious dog, the animal control officer shall notify the owner by hand delivery or by mailing a notice by certified mail to the owner. The officer shall also apprehend the canine and shall not release it until the requirements of subsection (d) have been met or until so ordered by a court of competent jurisdiction.

(c)     Appeal of determination. Any person who has received notice that his or her canine has been deemed a vicious dog may appeal such decision to the Director of the North Little Rock Animal Control Department. The appeal must be made within ten days of the day the notice was made in accordance with subsection (b). Upon receiving an appeal, the director shall schedule and hold a hearing within ten days to determine whether the initial determination was rendered in error. The director's decision shall be considered the final decision of the city as to whether the canine is a vicious dog. If the initial determination is not appealed or if the right to appeal is waived, the initial determination shall be considered the final decision of the city as to whether the canine is a vicious dog. An appeal from the decision of the director may only be made to a court of competent jurisdiction.

(d)     Release. A canine that has been apprehended pursuant to subsection (a) shall only be released by the animal shelter if all of the following conditions have been met:

(1)     The owner has signed a written agreement that unless and until the canine is determined to no longer be a vicious dog by the animal control department or a court of competent jurisdiction, the canine shall be controlled in a manner consistent with this section when it is within the municipal limits of North Little Rock; and

(2)     The canine has been permanently identified by the animal control department by a unique identifying mark as a vicious dog or the owner has signed a written agreement to have such mark affixed to the canine within 20 days or until all appeals have expired.

The animal control department shall establish and maintain standardized forms to implement the requirements of this subsection. No vicious dog in the possession of the animal control department shall be released to any person other than the owner.

(e)     Failure to retrieve. The animal control department may humanely destroy any vicious dog that is not retrieved by the owner within five days of the day the owner is notified that a final decision has been reached deeming the canine a vicious dog or within five days of the day that the owner is notified that the vicious dog has been impounded, whichever is later. A canine that is found to not be a vicious dog shall be retrieved, destroyed, or adopted in accordance with the ordinances, rules, and regulations of the city and the animal control department that generally apply to all impounded dogs.

(f)     Control of vicious dogs. Vicious dogs shall be kept secure at all times. Any person who owns, possesses, keeps, or harbors a vicious dog within the municipal limits of North Little Rock shall:

(1)     Keep the vicious dog confined within a dwelling unit or a commercial building;

(2)     Keep the vicious dog on a leash under the control of a responsible handler; or

(3)     Keep the vicious dog in a secured enclosure with a covered top and a secure bottom when outdoors and unattended.

It is hereby declared that violations of this section are unlawful and that such violations are declared to be strict liability offenses. Any person who violates this subsection shall be subject to the penalties described in subsection (h).

(g)     Transfer of care or ownership. No person who owns, possesses, keeps, or harbors a vicious dog shall knowingly allow another person to own, possess, keep, or harbor the same vicious dog without first disclosing that it has been deemed vicious, as well as the requirements associated with vicious dogs. A person who transfers ownership of a vicious dog to another person shall notify the animal control department no later than ten days after the transfer is made. It is hereby declared that violations of this section are unlawful. Any person who violates this subsection shall be subject to the penalties described in subsection (h).

(h)     Violations and penalties. Any person convicted of violating the provisions of this section shall be guilty of a violation and shall be fined not more than $500.00. If the violation in its nature is continuous in respect to time, the fine shall not exceed $250.00 per day. Additionally, the convicting court may, in the courts discretion, order the vicious dog that is the subject of the offense to be destroyed.

(Code 1980, § 7-28; Ord. No. 7235, §§ 1--8, 8-9-99; Ord. No. 7281, § 1, 4-10-00; Ord. No. 7586, § 3, 9-22-03)

Sec 10-45. Liability for dogs.

Any person who owns, keeps, harbors, or possesses a dog that attacks a person causing harm to property or body or exhibits vicious or ferocious behavior towards a person shall be guilty of a violation. It shall be an affirmative defense to this offense that the dog was provoked or teased. Any person convicted of violating the provisions of this section shall be guilty of a violation and shall be fined not more than $500.00. If the violation in its nature is continuous in respect to time, the fine shall not exceed $250.00 per day. Additionally, the convicting court may, in the courts discretion, order the vicious dog that is the subject of the offense to be destroyed.

(Ord. No. 7586, § 4, 9-22-03)

Secs. 10-46--10-65. Reserved.

DIVISION 2. IMPOUNDMENT

Sec. 10-66. Impoundment and destruction authorized.

The animal control worker shall take into custody any dog found at large in the city and shall impound the dog in the city animal shelter or such other place as such animal control worker may designate for the purpose of impoundment. Such impounded dog shall be held for a period of five days, at the end of which time the dog may be destroyed unless custody of the dog is released prior thereto as provided in this division. Provided, however, that any such animal may be destroyed prior to the expiration of such five-day waiting period when such animal has been seriously injured or is seriously ill and in the opinion of the city veterinarian such destruction would eliminate needless suffering on the part of the animal and would constitute the humane solution to such animals suffering.

(Code 1980, § 7-31)

State law references: Impoundment and destruction of dogs found at large, A.C.A. § 14-54-1102.

Sec. 10-67. Receipts.

(a)     The director of the city's animal shelter shall have duplicate receipts prepared and shall ensure that the animal control workers furnish a receipt to the owners of all dogs picked up or impounded by the city's animal shelter.

(b)     The receipts to be furnished to the owners of impounded dogs shall contain the following information:

(1)     The name, address and telephone number of the dog owner.

(2)     The place and/or address where the dog was picked up.

(3)     The date and time the dog was taken into custody.

(4)     The type or breed of dog.

(5)     The sex of the dog.

(6)     The license number of the dog.

(7)     The color and a complete description of the dog.

(8)     The nature of the violation for which the dog was picked up and impounded.

(9)     The name and signature of the animal control worker issuing the citation as well as the receipt.

(10)     The place where the dog can be recovered by its lawful or rightful owner.

(11)     The amount of the penalty and/or charges the owner must pay to recover the dog.

(12)     The date when the dog will be eligible for release from the animal shelter.

(13)     The date the dog will be disposed of provided the owner thereof does not call and recover such dog by paying all charges.

(c)     The receipts for impounded dogs shall be numbered and prepared in duplicate; the original shall be furnished to the owner of the animal, and the copy shall be maintained at the animal shelter for a period of not less than 90 days, after which time the duplicate receipts may be destroyed at the discretion of the director.

(d)     If the owner of the impounded dog is not at home or cannot be located at the time such animal is impounded, the animal control worker shall post the original copy of the receipt in a conspicuous place upon the dog owner's premises; and, in this event, the worker shall notify such owner by letter stating that the animal has been impounded at the city's animal shelter.

(e)     Should the animal control worker be unable to determine the identity or locate the address of the impounded animal, the execution of a receipt shall not be required.

(Code 1980, § 7-33)

Sec. 10-68. Reclaiming impounded dogs.

(a)     Any person owning, possessing or keeping a dog which has been allowed to run at large and which has been impounded may claim and retrieve such dog from the city animal shelter by payment of the required fee. The burden of proof as to vaccination and licensing shall be upon the party attempting to claim the dog from the animal control worker under this article.

(b)     Any person claiming unvaccinated and unlicensed dogs shall, after the payment of the fee assessed in this section, and prior to the release of the dog, sign a promise in writing to the animal control officer that such person shall immediately have the dog vaccinated and licensed if the animal is released to him. The animal control worker shall keep such statements in a safe place, and should such a statement be signed and the dog be again impounded and the dog not having been vaccinated and licensed as promised, then the animal control worker, prior to releasing such dog, shall require the established fee to be paid by the person claiming the dog, and require another promise in writing to have the dog licensed and vaccinated before he shall release the dog to the person claiming such dog.

(c)     If the owner of an impounded dog fails or refuses to reclaim such dog within five days after impoundment, the city animal shelter is hereby authorized to release such dog to a person other than the owner upon the payment of the required fees.

(Code 1980, § 7-32)

State law references: Sterilization of impounded dogs, A.C.A. § 20-19-103.

Sec. 10-69. Acceptance of unwanted dogs.

(a)     The animal control workers shall accept unwanted dogs from city residents upon the payment by such resident of the required fee therefor.

(b)     All dogs accepted by the city animal shelter as provided in this section shall become the property of the city.

(Code 1980, § 7-34)

Sec. 10-70. Fee schedule for animal shelter.

The following fee schedule shall be implemented by the city animal shelter.

(1)     Reclaiming fees:

a.     Ten dollars for all animals; plus $5.00 per day board.

b.     Reclaiming fee shall be $20.00 for each recurring offenses; plus $5.00 per day board.

(2)     Adoption fees: No adoption fees shall exist.

(3)     Relinquishment fees:

a.     If an animal is over three months old, a $10.00 relinquishment fee is required for the first animal and $5.00 for each additional animal over three months of age.

b.     Ten dollars per litter if less than three months old.

(4)     Board: $5.00 per day.

(5)     Private pet cremation: $75.00.

(Code 1980, § 7-9; Ord. No. 7070, § 1, 9-8-97; Ord. No. 7179, § 1, 11-23-98; Ord. No. 7215, § 4, 4-12-99; Ord. No. 7391, § 1, 8-27-01)

Secs. 10-71--10-95. Reserved.

DIVISION 3. LICENSE AND VACCINATION*

__________

*State law references: Rabies Control Act, A.C.A. § 20-19-301 et seq.

__________

Sec. 10-96. Dog or cat license required.

(a)     Any person who owns, keeps, or harbors a dog or cat in the city that is at least 16 weeks old shall obtain a city dog or cat license on an annual basis. Any city dog or cat license issued by a city official or an authorized veterinarian shall be valid for one year from the date of issuance. No dog or cat license shall be issued for a dog or cat unless the animal has been vaccinated against rabies by a licensed veterinarian within the past 60 days. If a dog or cat is found without the required license the owner shall be charged with the offense of failure to license a dog or cat.

(b)     The cost of a city dog or cat license shall be $5.00 for sterilized dogs or cats and $30.00 for unsterilized dogs or cats. However, the cost of a city dog or cat license for an unsterilized dog or cat, who based upon a written opinion of a duly licensed veterinarian, is not capable of being sterilized due to a serious medical risk or a serious medical condition, shall be $5.00. In the prosecution for failure to license a dog or cat, it shall be presumed that an unsterilized dog or cat does not have an abovementioned serious medical risk or condition.

(c)     Any person required to obtain a dog or cat license pursuant to subsections (a) and (b) above has the option, in lieu of said annual license, to obtain a lifetime dog or cat license if their dog or cat is sterilized. To be eligible for a lifetime license, the owner must purchase and implant an approved microchip from a qualified veterinarian. There shall be no cost for a lifetime license for a sterilized dog or cat. It shall be the burden of the owner to prove that a lifetime license has been obtained. Any person obtaining a lifetime animal license pursuant to this section shall still be required to have his or her pet vaccinated pursuant to section 10-6.

(d)     A person convicted of failure to license a dog or cat shall be punished as provided for in section 1-8 of this Code, and the dog or cat that was not properly licensed may become the property of the North Little Rock Animal Shelter and be made available for adoption to the public by order of the convicting court.

(Code 1980, § 7-42; Ord. No. 7210, § 1, 3-22-99; Ord. No. 7404, § 1, 10-22-01; Ord. No. 7415, § 1, 12-10-01)

State law references: Authority of city to place a tax on dogs, A.C.A. § 14-54-1103.

Sec. 10-97. Issuance of license.

The director of the North Little Rock Animal Shelter, or a licensed veterinarian is hereby authorized to issue a city dog or cat license to the owners of dogs or cats provided that the owner can provide proof that the dog or cat has been rabies vaccinated within the past 60 days. Such licenses shall be furnished by the city and any of the abovementioned authorized issuers shall maintain a proper record and accounting of the amount of each license issued and the date that each license was issued.

(Code 1980, § 7-43; Ord. No. 7210, §§ 1, 2, 3-22-99; Ord. No. 7404, § 2, 10-22-01)

Sec. 10-98. Puppy litter license; dog breeder license.

(a)     Puppy litter license. Any person who resides in the city limits who owns, keeps or harbors a dog that gives birth to a litter of puppies is hereby required to obtain a puppy litter license for the litter from the North Little Rock Animal Shelter no later than seven days after the puppies are born. The cost of a puppy litter license shall be $25.00 per litter. Any person who does not obtain a puppy litter license as required by this section shall be issued a citation for failure to obtain a puppy litter license.

(b)     Dog breeder license. Any person who resides in the city limits who owns, keeps or harbors a female dog or dogs that give(s) birth to more than one litter of puppies within a one-year period of time are hereby required to obtain a dog breeder license from the North Little Rock Animal Shelter and an animal establishment license pursuant to section 10-201 et seq. The cost of a dog breeder license shall be $100.00. A dog breeder license shall be valid for one year from the date of issuance. A person who is the holder of a dog breeder license shall be exempt from obtaining a puppy litter license for any additional litter or litters of puppies born during the period of time that the dog breeder license is valid. Any person who does not obtain a dog breeder license as required by this section shall be issued a citation for failure to obtain a dog breeder license.

(c)     Penalty. Any person convicted of failure to obtain a dog breeder license or a puppy litter license shall be punished as provided for in section 1-8 of this Code.

(Ord. No. 7209, §§ 1, 2, 3-22-99)

Editor's note: Ord. No. 7210, § 2, adopted Mar. 22, 1999, repealed the former § 10-98, which pertained to the date of issuance and expiration of dog licenses, and derived from Code 1980, § 7-44. Ord. No. 7209, §§ 1, 2, adopted Mar. 22, 1999, did not specifically amend the Code; hence inclusion as a new § 10-98 was at the editor's discretion.

Sec. 10-99. Deposit of funds.

(a)     All funds generated from the city's dog breeder and puppy litter licenses pursuant to section 10-98 shall be deposited into a fund established for the city's low cost spay and neuter efforts.

(b)     Twenty dollars of every $30.00 dog or cat license purchased pursuant to section 10-96 shall be deposited into the fund established for the city's low cost spay and neuter efforts. It is further directed that $2.00 of every $5.00 dog or cat license purchased pursuant to section 10-96 shall be deposited into a fund established for the city's low cost spay and neuter efforts.

(c)     The mayor shall be responsible for establishing procedures and guidelines for the utilization of the abovementioned fund.

(Ord. No. 7215, §§ 1--3, 4-12-99; Ord. No. 7404, § 3, 10-22-01)

Editor's note: Ord. No. 7210, § 2, adopted Mar. 22, 1999, repealed the former § 10-99, which pertained to the fee of a dog license and derived from Code 1980, § 7-45. Ord. No. 7215, §§ 1--3, adopted Apr. 12, 1999, did not specifically amend the Code; hence inclusion as a new § 10-99 was at the editor's discretion.

Secs. 10-100--10-135. Reserved.

ARTICLE IV. FOWL

Sec. 10-166. Running at large prohibited.

It shall be unlawful for any person to permit any chickens, guineas, ducks, geese or other fowl to run at large.

(Code 1980, § 7-53)

Sec. 10-167. Permit to keep; investigation; fee.

(a)     It shall be unlawful for any person to keep any poultry, duck, goose, turkey, guinea, peafowl, dove or any other fowl of any type within the city without a permit from the city clerk.

(b)     The city health officer and his 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 article and all other health and sanitary ordinances of the city.

(c)     Upon approval of the application for a permit under this section by the city health officer or his duly authorized agent, such approval shall be presented to the city clerk, who shall issue the permit. The cost of such permit shall be $1.00 per year and shall be paid on or before July 1 of each year.

(Code 1980, § 7-54)

Sec. 10-168. Distance from residences.

It shall be unlawful for any person to keep or maintain or permit to be kept or maintained any fowl within 75 feet by air-line measurement of any residence or dwelling or place used for human habitation in the city, other than the dwelling of the owner of the person keeping and/or maintaining such fowl.

(Code 1980, § 7-55)

Sec. 10-169. Pens and enclosures, sanitary requirements.

(a)     Where the keeping or maintaining of fowl is permitted under this article, it shall be unlawful to so maintain coops, pens or enclosures where fowl are kept in an insanitary manner or in such condition that odors from such premises or enclosures thereon can be detected by persons inhabiting residences or living quarters 75 feet distant by air-line measurement. Places so maintained are hereby declared to be sanitary nuisances.

(b)     Any person who has been authorized pursuant to this article to keep or maintain fowl shall clean the pens, coops or other enclosures where such fowl roost or are kept each 24 hours, shall spray and disinfect such areas each third day, and shall remove and destroy all refuse, droppings, feathers or other matter cleaned from such pens, coops or enclosures. All droppings from such fowl shall not be left aboveground upon any premises in the city for longer than 48 hours. Any person occupying, owning or having control of the premises where fowls are permitted to be kept shall collect and bury under six inches of dirt or soil or remove and carry away any and all such droppings and refuse each 48 hours.

(Code 1980, § 7-56)

Secs. 10-170--10-200. Reserved.

ARTICLE V. ANIMAL ESTABLISHMENTS

Sec. 10-201. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal establishment means any pet shop, kennel, grooming shop, auction, performing animal exhibition, or other facility engaged in the handling of animals, excluding licensed veterinarians and veterinary clinics and hospitals.

(Code 1980, § 7-61)

Cross references: Definitions generally, § 1-2.

Sec. 10-202. Permit--Required; term; renewal; one per establishment.

(a)     No person shall operate an animal establishment without first obtaining a permit from the animal control authority in compliance with this article, nor may any person operate an animal establishment in a manner in violation of any provision of this chapter.

(b)     The permit period for a permit under this article shall begin with the first day of the calendar year and shall run for one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after January 1 of each year. Application for a new establishment under the provisions of this article shall be made within 60 days of the start of business or operation.

(c)     Every facility regulated by this article shall be considered a separate enterprise, requiring an individual permit (e.g., two kennels at different locations but owned by the same person shall be considered as two animal establishments).

(Code 1980, § 7-62)

Sec. 10-203. Same--Application procedure; inspection; issuance or denial.

(a)     Each animal establishment shall annually file an application for permit with the animal control authority within the time periods provided in section 10-202(b).

(b)     The application for a permit under this article shall be made on a form provided by the animal control authority and available from the authority or the city clerk's office.

(c)     Upon receipt of a completed application for a permit under this article, the animal control authority shall make an inspection of the facility to ensure that all animals are provided for in a humane manner and that the establishment is in compliance with all provisions of this chapter. The animal control authority shall be permitted to make such inspection at any reasonable time during normal business hours.

(d)     The animal control authority shall either issue a permit to the applicant for an animal establishment or, if a permit is not granted, the animal control authority shall notify the applicant in writing of the specific reasons for denial.

(e)     Any animal establishment denied a permit may not reapply for a period of at least 30 days. Each reapplication shall describe any previous denial or revocation.

(f)     If an applicant for a permit under this article is shown to have withheld or falsified any material information on the application, the animal control authority may refuse to issue or may revoke a permit.

(Code 1980, § 7-63)

Sec. 10-204. Same--Revocation.

(a)     The animal control authority may revoke any animal establishment permit if the person holding the permit refuses or fails to comply with this chapter, or any other law or regulation governing the protection and keeping of animals, including refusal to allow inspection of the animal establishment as provided in this article.

(b)     Whenever a permit under this article is revoked for cause, or pending any proceedings to contest such action, the animal control authority shall have power of entry to inspect all premises where the animals are being kept and shall notify the owner in writing as to the period of time that reasonably shall be allowed for removal of animals from such premises and shall state the specific reasons for revocation. If any such owner shall fail to remove such animals as directed, the animal control authority may impound such animals.

(Code 1980, § 7-64)

Sec. 10-205. Compliance with chapter.

(a)     An animal establishment shall not sell, trade or give away any dog or cat over six months of age unless the dog or cat has been licensed and/or vaccinated as required by this chapter.

(b)     The animal control authority shall be permitted to inspect any animal establishment and all animals and the premises where such animals are kept at any reasonable time during normal business hours to ensure compliance with all provisions of this article and the animal control code.

(Code 1980, § 7-65)

Sec. 10-206. Standards for kennels.

All kennels shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet such standards shall be grounds for denial of a permit or revocation of a permit. Standards for kennels are as follows:

(1)     Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting.

(2)     Building temperature shall be maintained at a comfortable level. Adequate ventilation shall be maintained.

(3)     Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages.

(4)     Cages are to be of material and construction that permit cleaning and sanitizing.

(5)     Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.

(6)     Runs shall provide an adequate exercise area and protection from the weather. Runs shall have an impervious surface.

(7)     All animal quarters and runs are to be kept clean, dry and in a sanitary condition.

(8)     The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.

(9)     All animals shall have fresh water available at all times.

(Code 1980, § 7-66)

Sec. 10-207. Standards for private kennels.

All private kennels shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Standards for private kennels are as follows:

(1)     No person shall operate a private kennel without first obtaining an annual permit from the animal control authority. Permits shall be based upon calendar years. Application for renewal of a permit shall be made between 30 days prior to and 60 days following January 1 of each year.

(2)     Upon receipt of a completed application, the animal control authority shall make an inspection of the facility to ensure that all animals are provided for in a humane manner and that the private kennel is in compliance with all provisions of this chapter.

(3)     Upon receiving a complaint concerning a private kennel, the animal control authority may make an inspection of the facility to ensure that the facility is in compliance with all provisions of this chapter.

(4)     All animals shall have adequate space for proper shelter against weather extremes, and for proper exercise.

(5)     All kennel areas shall be maintained in such a manner as not to constitute either a private nuisance to adjoining property owners or a nuisance to the public generally. Kennel areas in which animals 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 reasonable distance of such premises; and the animals themselves shall be restrained in such a fashion so that noise emanating therefrom shall not be disturbing to such persons.

(6)     Proper food of sufficient quantity and nutritive value to meet the normal daily requirements for condition and size of animals shall be provided.

(7)     Fresh water shall be available at all times.

(Code 1980, § 7-67)

Sec. 10-208. Standards for pet shops.

All pet shops, including pet shops operated in conjunction with another holding facility, shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial of a permit or revocation of a permit. Standards for pet shops are as follows:

(1)     Water; containers. There shall be available hot water at a minimum temperature of 160 degrees for washing cages and disinfecting, and cold water easily accessible to all parts of the shop. Fresh water shall be available to all species at all times. Containers are to be cleaned and disinfected each day.

(2)     Room temperature. The room temperature of the shop shall be maintained at a level that is healthful for every species of animal kept in the shop.

(3)     Cages and enclosures. All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that the animal will have room to stand, turn and stretch out to its full length.

(Code 1980, § 7-68)