Arkansas Consolidated Dog Laws

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Arkansas

Chapter 19. Animals.

Statute Details
Printable Version
Citation: AR ST 20-19-101 - 408

Citation: A.C.A. � 20-19-101 - 408

Summary: These Arkansas statutes comprise the state's dog laws. Among the provisions including licensing laws, rabies control, and mandatory sterilization laws. Also contained is the state's Wolf-Hybrid statutory section.

Statute in Full:

Link to law that allows municipalities to regulate dogs at large.

Subchapter 1. General Provisions.

20-19-101. Humane societies.

(a) The General Assembly finds and declares that humane societies for the prevention of cruelty to animals, organized under the laws of this state now or hereinafter in effect, are public organizations necessary to protect the health, safety, and general welfare of the citizenry of this state and are discharging a government function.

(b) The General Assembly finds and declares that the appropriation of public funds for the use of humane societies in the maintenance and operation of shelters for stray, diseased, neglected, and other animals and in the protection of the public from disease among such animals is a public use of the funds in the discharge of a government function.

History. Acts 1939, No. 44, §§ 1, 2; A.S.A. 1947, §§ 78-101, 78-102.

20-19-102. Injuries to domesticated animals by dogs.

(a)(1) "Domesticated animals" includes, but is not limited to, sheep, goats, cattle, swine, and poultry.

(2) Any person owning or having in possession or under control any dog shall be liable in damages to the owner or owners of any domesticated animals killed or injured by the dog in the full value of the domesticated animal killed or injured.

(b)(1) Any person engaged in raising domesticated animals or owning any domesticated animals who shall sustain any loss or damages to his or their domesticated animals by any dog shall have a right of action against the owner, person, or controller of the dog.

(2) Any person knowing that any dog has killed or is about to catch, injure, or kill any domesticated animal shall have the right to kill the dog, without in any way being liable to the owner of the dog in any courts of this state.

(c) The person sustaining loss or damage as mentioned in this section and desiring remuneration therefor may go before some justice of the peace of the county wherein the loss or damage occurred and make oath of the character of the loss or damage sustained, the value of the loss or damage, the dog or dogs, and the owner, possessor, or controller of the dog and file the same with the justice, who shall issue a summons stating the nature of the plaintiff's claim, the amount claimed, and the cost accrued, which shall be served and returned as in ordinary actions.

(d)(1) If the defendant shall pay to the officer serving the summons the amount of damages claimed, the costs endorsed, and a further fee to the officer of twenty-five cents (25�) for making the return, the summons shall be returned satisfied, and no further proceedings had.

(2) If the defendant fails, neglects, or refuses to pay that amount, the justice shall try the cause as in other ordinary actions and give judgment in favor of plaintiff for the amount proved in the cause, for which the defendant may be liable by the provisions of this section.

(e) In a second suit and recovery by any plaintiff against the same defendant on account of killing or injury done by the same dog, the justice shall render judgment for double the amount of damages proven.

History. Acts 1887, No. 136, §§ 1-4, p. 235; 1917, No. 155, §§ 1, 2; C. & M. Dig., §§ 339-343; Pope's Dig., §§ 354-358; A.S.A. 1947, §§ 78-206 - 78-210; Acts 1987, No. 393, §§ 1, 2.

20-19-103. 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 thirty (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 three hundred thousand (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 (2) months of age which has not been sterilized except as provided in subdivision (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 (2) 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)(i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding.

(ii) 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 one hundred dollars ($100) nor more than five hundred dollars ($500).

History. Acts 1981, No. 869, §§ 1, 2; A.S.A. 1947, §§ 78-214, 78-215; Acts 1995, No. 839, § 1; 1999, No. 488, § 2.

20-19-104. Voluntary certification program.

(a) The Department of Health shall establish a voluntary certification program for animal control officers, animal shelters, and other humane society counterparts

(b) The certification shall be based upon courses recommended by the National Animal Control Association or its equivalent.

(c) Certification of animal shelters shall be based upon compliance with shelter standards published by the Humane Society of the United States.

(d) Training shall be administered by the Arkansas Animal Control Association in cooperation with the department and utilizing qualified experts, including, but not limited to, licensed veterinarians and persons holding professional registrations or certifications in the appropriate areas of expertise.

History. Acts 2001, No. 1663, § 1.

Subchapter 2. Rabies Vaccinations Generally.

20-19-201. Municipal ordinances unaffected.

This subchapter shall not displace any municipal ordinance in effect in any city which requires the vaccination of dogs and cats against rabies as frequently as once a year and which prescribes a penalty equal to the penalties prescribed in § 20-19-202(c) and (d) for failure to have dogs within the city vaccinated.

History. Acts 1945, No. 171, § 3; A.S.A. 1947, § 78-203.

20-19-202. Vaccination required.

(a) All dogs and cats within the State of Arkansas shall be vaccinated at least one (1) time 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 state to have the animals vaccinated with vaccine against rabies in an amount, quantity, and quality to be approved by the State Veterinarian.

(b) However, this section shall not apply within cities or incorporated towns through which a state line runs when the adjoining state has no comparable law.

(c) 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 subchapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

(d) Any dog or cat termed a stray that is not vaccinated is subject to destruction.

Acts of 1945, Act 171, §§ 1, 4; Acts of 1955, Act 3, § 1; Acts of 2005, Act 1994, § 114, eff. Aug. 12, 2005.

20-19-203. Administration.

(a) For the purpose of carrying this subchapter into effect, the Arkansas Livestock and Poultry Commission is charged with the responsibility of making the rules and regulations and administering this subchapter with the approval of the Governor.

(b) The charge for furnishing the vaccine and for the vaccination shall not exceed seventy-five cents (75�) per dog or cat, and without further charge for each vaccination, there shall be issued to the owner or person in charge of the dog or cat a certificate and metal tag showing the ownership of the dog or cat, the date of vaccination, and the general description of the animal.

History. Acts 1945, No. 171, § 2; 1951, No. 374, § 1; 1961, No. 447, § 1; A.S.A. 1947, § 78-202.

Subchapter 3. Rabies Control Act.

20-19-301. Title.

This subchapter shall be known as the "Rabies Control Act".

History. Acts 1968 (1st Ex. Sess.), No. 11, § 1; A.S.A. 1947, § 82-2401.

20-19-302. Definitions.

As used in this subchapter, unless the context otherwise requires:

(1) "Animal" means any animal other than dogs or cats which may be affected by rabies;

(2) "Cats" includes all members of the feline family;

(3) "Dogs" includes all members of the canine family;

(4) "Has been bitten" means has been seized with teeth or jaws, so that the skin of the person or thing seized has been nipped or gripped, or has been wounded or pierced, and the term includes contact of saliva with any break or abrasion of the skin;

(5) "Owner" means any person having a right of property in a dog or cat or other animal or who keeps or harbors a dog or cat or other animal, or has it in his care, or acts as its custodian, or knowingly permits a dog or cat or other animal to remain on or about any premises occupied by him;

(6) "Vaccination against rabies" means the injection, subcutaneously or otherwise, of canine antirabic vaccine, as approved by the U.S. Department of Agriculture or Arkansas State Veterinarian and administered by a licensed veterinarian or agent of the Department of Health or State Veterinarian.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 2; 1975, No. 725, § 1; A.S.A. 1947, § 82-2402.

20-19-303. Power of political subdivisions not limited - Applicability.

(a)(1) Nothing in this subchapter shall be held to limit in any manner the power of any municipality or political subdivision to prohibit dogs or cats or other animals from running at large whether or not they have been vaccinated against rabies as provided in this subchapter.

(2) Nothing in this subchapter shall be construed to limit in any manner the power of any municipality or other political subdivision to further control and regulate dogs or cats or other animals in such municipality or political subdivision.

(b) The provisions of this subchapter will apply in all situations where a municipality or political subdivision does not have an effective rabies control act.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 7; 1975, No. 725, § 5; A.S.A. 1947, § 82-2407.

20-19-304. Penalties.

(a)(1) A person shall be guilty of a violation for:

(A) Violating or aiding in or abetting the violation of any provision of this subchapter;

(B) Making a misrepresentation in regard to any matter prescribed by this subchapter;

(D) Refusing to produce for inoculation against rabies any dog or cat in his or her possession.

(2) Upon conviction, the person shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

(b) Any dog or cat termed a stray that is not vaccinated against rabies is subject to destruction.

(c)(1) Any officers failing, refusing, or neglecting to carry out the provisions of this subchapter shall be guilty of a violation.

(2) Upon conviction, the officer shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

Acts of 1968 (1st Ex. Sess.), Act 11, §§ 5, 9; Acts of 1975, Act 725, § 4; Acts of 2005, Act 1994, § 115, eff. Aug. 12, 2005.

20-19-305. Vaccination for dogs and cats required.

All dogs and cats shall be vaccinated against rabies annually in accordance with subchapter 2 of this chapter, as amended.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 2; 1975, No. 725, § 1; A.S.A. 1947, § 82-2402.

20-19-306. Illegal acts when person bitten.

(a) It is unlawful for any person bitten, the family, treating physician, or veterinarian that has knowledge of a person bitten by a dog or cat or other animal to refuse to notify the health authorities promptly.

(b) It is unlawful for the owner of the dog or cat or other animal to sell, give away, transfer, transport to another area, or otherwise dispose of the dog or cat or other animal that is known to have bitten a person until it is released by the health authorities.

(c)(1) It is unlawful for the owner of the dog or cat or other animal to refuse or fail to comply with the written or printed instructions of the health authorities in any particular case.

(2) The written instructions will be delivered in person by health authorities or their authorized agent.

(A) If instructions cannot be delivered in person, they shall be mailed by regular mail, postage prepaid, and addressed to the owner of the dog or cat or other animal.

(B) The affidavit or testimony of the health authorities or their authorized agent, who delivered or mailed such instructions, shall be prima facie evidence of the receipt of the instructions by the owner of the dog or cat or other animal.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 3; 1975, No. 725, § 2; A.S.A. 1947, § 82-2403.

20-19-307. Confinement of animal when person bitten.

(a) Whenever the health authorities, county sheriff's office, or municipal police officers in cooperation with health authorities receive information that any person has been bitten by a dog or cat or other animal, these local public officials acting in cooperation shall have the dog or other animal confined and observed by a licensed veterinarian. If there is no local facility available for confining the dog or cat or other animal, it will be the owner's responsibility to make satisfactory arrangements or to prepare a facility for the purpose of confinement.

(b)(1) The offending dog or cat must be confined for a period of ten (10) days by a veterinarian or owner or public pound.

(2) All other species of animals are to be confined and observed for rabies in the same manner, except the time element will vary so as to compensate for the difference in the incubation period of the disease. This adjusted time element is to be determined by consultation with the Department of Health authorities.

(3) The veterinarian, owner, or public pound management personnel must notify the local public health authorities of the disposition of the dog or animal at the termination of the confinement.

(c)(1) Any confinement and observation expense incurred in the handling of any dog or cat or other animal under this subchapter shall be borne by the owner.

(2) In the event that the dog or cat or other animal is a stray and has no owner, the confinement and observation expense will be borne by the person bitten or, if a minor, by the head of the family.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 3; 1975, No. 725, § 2; A.S.A. 1947, § 82-2403.

20-19-308. Shipment of head of animal suspected of being rabid to laboratory.

(a)(1) Any person causing the death of an animal, either wild or domesticated, suspected of being rabid shall cause the head of the animal, together with an affidavit stating that he or she has reasonable grounds to believe that the animal was rabid, to be presented to the county court of the county in which the animal was killed.

(2)(A) It shall be the duty of the court to have the head shipped, prepaid, to the State Public Health Laboratory of the Division of Health of the Department of Health and Human Services.

(B) The expenses incurred in such a shipment shall be paid from the county general fund of the county in which the animal was killed.

(b)(1)(A) Whenever health and other public officials request commercial bus lines operating in the State of Arkansas to receive properly packaged small animal heads for transporting to the laboratory for examination for rabies and when a human life is in danger, it shall be unlawful for bus lines to refuse to transport these properly packaged small animal heads to the laboratory for examination.

(B) Commercial bus lines failing, refusing, or neglecting to carry out the applicable provisions of this section shall be guilty of a violation and upon conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

(2)(A) The accepted method of packaging these severed animal heads shall be formulated and distributed by the Division of Health of the Department of Health and Human Services.

(B) The division shall make arrangements to pick up these specimens at the bus terminal without delay.

Acts of 1953, Act 238, § 1; Acts of 1968 (1st Ex. Sess.), Act 11, § 6; Acts of 2005, Act 1994, § 116, eff. Aug. 12, 2005.

20-19-309. Area quarantine.

(a)(1) The Director of the Department of Health shall place certain areas under a rabies quarantine upon request of proper local officials.

(2) In serious situations, the director may place the area under quarantine without waiting for a local request.

(b) The occurrence of three (3) or more positive rabies cases in animals shall be sufficient basis for placing areas under quarantine.

(c) The positive rabies cases shall be laboratory-confirmed by the State Public Health Laboratory of the Department of Health or any other laboratory acceptable to or approved by the director.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 4; 1975, No. 725, § 3; A.S.A. 1947, § 82-2404.

20-19-310. Authority to impose additional measures.

Whenever the proper officials or a government unit are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed by the government unit if deemed necessary to prevent the spread of rabies among dogs and other animals. The government unit involved may require:

(1) That all dogs or cats or other animals in the locality be:

(A) Kept confined within an enclosure; or

(B) Kept muzzled and restrained by a leash composed of chain, wire, rope, or cable;

(2) That all owners or keepers of dogs or cats or other animals take such prophylactic measures as may be required and necessary to prevent the spread of rabies; or

(3) That other measures, in addition to annual vaccination against rabies, that may be necessary to control the spread of rabies in dogs, cats, and other animals be carried out.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 4; 1975, No. 725, § 3; A.S.A. 1947, § 82-2404.

20-19-311. Administration by Director of Department of Health.

The Director of the Department of Health or his official representative will have the responsibility for carrying out the provisions of this subchapter.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 2; 1975, No. 725, § 1; A.S.A. 1947, § 82-2402.

20-19-312. State Board of Health's authority to regulate.

The State Board of Health shall promulgate such rules and regulations as are necessary to carry out the purposes or provisions of this subchapter, with subsequent amendments as needed.

History. Acts 1968 (1st Ex. Sess.), No. 11, § 8; A.S.A. 1947, § 82-2408.

Subchapter 4. Ownership and Breeding of Wolves and Wolf-Dog Hybrids.

20-19-401. Findings.

The General Assembly finds that:

(1) Wolves and wolf-dog hybrids are now present in this state but remain unregulated;

(2) The Compendium of Animal Rabies Control advises that no vaccination has been approved for use in wolves or wolf-dog hybrids;

(3) However, wolves and dogs are scientifically classified as the same species;

(4) "Off" and "Extra" label use of vaccines approved for use in dogs are widely used to vaccinate wolves and wolf-dog hybrids, even by the federal government, to prevent diseases such as rabies;

(5) Failure to vaccinate wolves and wolf-dog hybrids raises the possibility of creating a large pool of animals that could serve as reservoirs for rabies; and

(6) Due to the neglect and irresponsibility of their owners, some wolves and wolf-dog hybrids could pose a threat to public safety in this state.

History. Acts 2001, No. 1768, § 1.

20-19-402. Definition.

For purposes of this subchapter, "wolf-dog hybrid" means any animal which is publicly acknowledged by its owner as being the offspring of a wolf and domestic dog. No animal may be judged to be a wolf or wolf-dog hybrid based strictly on its appearance.

History. Acts 2001, No. 1768, § 2.

20-19-403. Records.

(a) Owners of wolves and wolf-dog hybrids shall maintain all health records of each wolf and wolf-dog hybrid, including health certificates, records of immunization, and any other documentary evidence pertaining to the health and welfare of the animal.

(b) The owner shall maintain records of acquisitions and disposals of wolf-dog hybrids, including the name and address of the person with whom a transaction is conducted, with entries being made on the day of the transaction.

History. Acts 2001, No. 1768, § 3.

20-19-404. Confinement - Care - Inspections.

(a) Wolves and wolf-dog hybrids shall be provided adequate confinement and adequate feeding.

(b) Adequate confinement shall include at least:

(1) A brick, concrete, or chain link enclosure surrounded by two (2) layers of fencing as follows:

(A) For a single animal:

(i) Either an inner chain link fence a minimum of fifteen feet by eight feet by ten feet (15' x 8' x 10') or an electric fence that prevents climbing over, and either extending two feet (2') underground or employing some other means that prevents digging under; and

(ii) An outer fence eight feet (8') high with at least four feet (4') between the two (2) fences unless the inner fence is an electric fence posted with warning signs and the gate is locked at all times;

(B) For a pair, double the cage length for a single animal; or

(2) A secluded den four feet (4') square for each animal; and

(3) No more than four (4) total of wolves or wolf-dog hybrids, or both, per acre.

(c) Adequate confinement shall not include tethering of a wolf or wolf-dog hybrid not under the direct supervision and control of the owner or custodian.

(d)(1) Adequate feeding shall include daily feedings and provisions of water.

(2) The feed used shall consist of a minimum meat-based protein content of twenty-five percent (25%) and crude fat of fifteen percent (15%), with exceptions for geriatric and overweight animals or under the advice of a licensed veterinarian.

(e) Owners and custodians of wolves and wolf-dog hybrids shall allow inspections by law enforcement personnel at reasonable hours to ensure adequate confinement and adequate feeding.

(f) This section applies only to owners of four (4) or more adult wolf-dog hybrids or wolves, animals one (1) year of age or older.

History. Acts 2001, No. 1768, § 4.

20-19-405. Entry into the state.

(a) Wolves and wolf-dog hybrids may enter into this state only if each animal is accompanied by a certificate of veterinary inspection indicating that the animal is free from disease or exposure to infectious or contagious disease.

(b) No animals from rabies-quarantined areas shall be admitted into this state.

History. Acts 2001, No. 1768, § 5.

20-19-406. Vaccination.

(a) Wolves and wolf-dog hybrids are required to be vaccinated by a licensed veterinarian against rabies with a vaccine approved for dog use, and a rabies certificate may be issued.

(b) Veterinarians must inform the owner of the wolf or wolf-dog hybrid, preferably in writing, that the vaccination is considered "off label" and that protection against rabies is not guaranteed.

(c) If a wolf or wolf-dog hybrid bites a person, the following criteria will be used by an official of the Department of Health in dealing with the animal:

(1) The decision shall consider, at least:

(A) The epidemiology and risk of rabies in the species of animal in question;

(B) Possible prior exposure to a rabies vector;

(D) Prior rabies vaccinations; and

(E) Other circumstances that may exist;

(2) In some situations, the department will consider the initiative and willingness of the individual so exposed to submit to postexposure antirabies immunization after being adequately informed of all potential risks;

(3) Upon written order by the Director of the Department of Health or a specifically designated representative, any biting animal determined to be at significant risk for the transmission of rabies shall be humanely killed and the brain tissue submitted for testing; and

(4) The department has the authority to order the quarantine of an animal determined to be a very low risk for the transmission of rabies for a thirty-day observation period as an alternate method to euthanasia and testing.

(d) Owners must be notified and given three (3) business days to provide proof to the department in their animal's defense before the animal can be euthanized.

(e) If, in the future, the United States Department of Agriculture approves the use of rabies vaccines in wolves or wolf-dog hybrids, or both, then wolves and wolf-dog hybrids will fall under the same regulations as dogs regarding biting humans and rabies control.

History. Acts 2001, No. 1768, § 6.

20-19-407. Penalties.

(a) If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor.

(b) If a wolf or wolf-dog hybrid is not adequately confined or fed, the person responsible for adequate confinement or adequate feeding of the animal, or both adequate feeding and adequate confinement upon conviction shall be guilty of a Class A misdemeanor.

(c) A person who abandons or releases a wolf or wolf-dog hybrid into the wild upon conviction shall be guilty of a Class A misdemeanor.

History. Acts 2001, No. 1768, § 7.

20-19-408. Local regulation.

Nothing in this subchapter shall be construed to prohibit local regulation of the ownership, breeding, confinement, or feeding of wolves or wolf-dog hybrids.

History. Acts 2001, No. 1768, § 8.

Top of Page

Chapter 19. Animals. Subchapter 1. General Provisions.

Subchapter 2. Rabies Vaccinations Generally.

Subchapter 3. Rabies Control Act.

Subchapter 4. Ownership and Breeding of Wolves and Wolf-Dog Hybrids.

Subchapter 1. General Provisions.

Subchapter 2. Rabies Vaccinations Generally.

Subchapter 3. Rabies Control Act.

Subchapter 4. Ownership and Breeding of Wolves and Wolf-Dog Hybrids.

Chapter 19. Animals.

Subchapter 1. General Provisions.