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161641 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • ORDINANCE NO. 16,164 • AN ORDINANCE AMENDING LITTLE ROCK CITY CODE CHAPTER 6, PERTAINING TO THE KEEPING OF ANIMALS WITHIN THE CORPORATE I TS OF THE CITY OF LITTLE ROCK. WHEREAS, the Board of Directors of the City of Little Rock has determined that the amendment of certain sections of Chapter 6 of the Little Rock City Code, Revised, 1988, pertaining to the keeping of animals within the corporate limits of the City is necessary to effectively enforce the ordinances pertaining to the keeping of animals, to regulate trapping of animals, to establish procedures for the designation, maintenance, or prohibition of- dangerous or vicious dogs, and to provide for the general well -being of animals within the corporate limits of the City of Little Rock: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Section 6 -3 of the Little Rock City Code, Rev. 1988, is hereby amended to read as follows: Section 6 -3. Citations to appear. The Division of Animal Control, the Animal Control officers, or designees of this department, may, for violation of this chapter, or any part thereof, issue to the offender a citation to appear in municipal court. The citation shall: (a) contain a brief statement of the nature of the violation; (b) be signed by a person (i) authorized to issue it; and (ii) with personal knowledge of the violation; (c) contain a printed statement to be signed by the it 655 b-/ Z w w w w w w w w w w w w �■ w w 121 1 violator in which the violator promises to appear in 2 municipal court. 3 The citation shall be signed by the violator. If the 4 violator fails to sign the citation to appear, the person 5 so issuing may indicate the refusal to sign on the space 6 provided for the defendant's signature, leave a copy of the 7 citation with the person cited and follow the usual 8 procedure for filing the citation in municipal court, or, 9 the officer may file a criminal affidavit and seek a 10 warrant for the offender in the municipal court. 11 SECTION 2. Section 6 -5 of the Little Rock City Code, 1988, 12 is hereby amended to read as follows: 13 Sec. 6 -5. Compliance with enforcement orders. 14 Failure to comply with specific written orders issued by 15 the Division of Animal Control within the time prescribed 16 is unlawful. 17 SECTION 3. Section 6 -6 of the Little Rock City Code, 1988, 18 is hereby amended to read as follows: 19 Sec. 6 -6. Interference with enforcement. ZO It shall be unlawful for any person to interfere with, 21 molest, injure, harass, obstruct, or otherwise prevent in 22 the discharge of an animal control officer's duties. SECTION 4. Section 6 -7 of the Little Rock City Code, 1988, 23 24 is hereby amended to read as follows: 25 Sec. 6 -7. Diseased or injured animals. 26 (a) It shall be unlawful for any person to knowingly keep: 27 (1) any injured animal without providing proper treatment for such injury; or (2) any animal infected 28 with a disease which may contaminate other animals and 29 which may be a health hazard. A person acts 30 "knowingly" when he is aware that such circumstances 31 exist. 32 33 (b) Any such untreated injured animal or any diseased animal shall be immediately treated or, when 34 35 36 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 122 necess• , humanely destroyed, t prevent unwarranted suffering. The disposition of such animals shall be at the direction of the Manager of Animal Control or a licensed veterinarian. SECTION 5. Chapter 6 of the Little Rock City Code, 1988, is hereby amended to add Section 6 -7.1 to read as follows: Sec. 6 -7.1 Expense for treatment of diseased or injured animals. An owner who reclaims or redeems an animal which has been treated under the provisions of Section 6 -7 of this chapter shall, prior to the release of the animal to the owners, reimburse the City of Little Rock or the treating veterinarian for expenses incurred. If the owner makes direct payment to the veterinarian for such treatment, the owner must provide the Division of Animal Control with a receipt of such payment before the animal is released to the owner. The payment for the expense incurred in the treatment of such animal is in addition to the redemption fees assessed under Section 6 -52 of this chapter. SECTION 6. Section 6 -8 of the Little Rock City Code, 1988, is hereby amended to read as follows: Sec. 6 -8. Dangerous and vicious dogs. (a) "Dangerous dog" means any dog which: (1) Without provocation, attacks or bites a person engaged in a lawful activity; (2) While off the property of its owner and without provocation, kills or seriously injures another animal; (3) Without provocation, chases, confronts or approaches a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack; (4) Exhibits a propensity, tendency or disposition to attack, cause injury or threaten the safety of 3 • • 123 persons or other animals without provocation; or 1 2 (5) Acts in a manner that causes or should cause its owner to know that it is potentially vicious. 3 4 (b) "Vicious dog" means any dog which: (1) Causes death or serious injury to a person 5 engaged in a lawful activity; 6 (2) On two (2) or more occasions within a 12-month 7 period, attacks or bites without provocation a 8 person engaged in a lawful activity; 9 (3) On more than one (1) occasion within a 12 -month 10 period, while off the property of its owner and 11 without provocation, kills or seriously injures 12 another animal; or 13 (4) Trains for dog fighting or is owned or kept for 14 the purpose of dog fighting. 15 (c) Unlawful keeping of dangerous or vicious dogs. 16 (1) It shall be unlawful for any person to keep 17 within the city any vicious dog. 18 (2) It shall be unlawful for any person to keep 19 within the City any dangerous dog, except in 20 compliance with the provisions of subsections (d) 21 and (e) of Section 6 -8 of this Code. 22 (d) Dangerous dog permit required. 23 (1) If the Division of Animal Control has cause to 24 believe that a dog is dangerous, the Division of 25 Animal Control may find and declare such dog a 26 dangerous dog. 27 (2) Within three (3) days of declaring a dog 28 dangerous, the Division of Animal Control shall 29 notify in writing the person who owns, keeps, or 30 otherwise maintains the dog, of the declaration 31 and that a permit is required to keep such 32 dangerous dog within the City. 33 (3) The notice shall inform the owner or custodian of 34 35 36 4 to the finding and the dog that a hearing conest 1 declaration before the Director of Sanitation 2 shall be held if a request in writing is received 3 within five (5) working days from receipt of the 4 notice of the dangerous dog declaration. 5 (4) If the person owning, keeping, possessing, or 6 otherwise maintaining the dog fails to request a 7 hearing, or if the Director of Sanitation s determines after a hearing that the declaration 9 stands, the owner or custodian shall obtain a 10 permit from the Division of Animal Control, to 11 keep such dangerous dog within the City. A 12 dangerous dog may be kept within the City only so 13 long as the owner or custodian complies with the 14 requirements and conditions for keeping a 15 dangerous dog in accordance with such permit. 16 (5) The owner or custodian shall pay a $25.00 annual 17 permit fee to the City, in addition to all other 18 fees, for possession of a dangerous dog. 19 (e) Conditions for keeping or maintaining a dangerous dog 20 shall include: 21 (1) Confinement. All dangerous dogs shall be securely 22 confined: (a) indoors, or (b) in an enclosed and 23 locked pen or physical structure upon the 24 premises of the owner. The pen or physical 25 structure must have minimum dimensions of five 26 feet by ten feet (5' x 101) and must have secure 27 sides and a secure top attached to the sides. If 28 no bottom is secured to the sides, the sides must 29 be embedded into the ground no less than two 30 feet. All pens or structures must be adequately 31 lighted and kept clean and sanitary. The 32 enclosure must also protect the dog from the 33 elements. Electronic containment devices shall 34 35 5 36 125 not be used to confine dangerous dogs. 1 (2) Leash and Muzzle. The owner of a dangerous dog 2 shall not allow the dog to go outside its kennel, 3 pen or physical structure unless the dog is 4 muzzled, restrained by a chain or leash not more 5 than four feet in length, and under the physical 6 control of a person. The muzzle must not cause 7 injury to the dog or interfere with its vision or 8 respiration, but must prevent the dog from biting 9 any human or animal. 10 (3) Signs. The owner of a dangerous dog shall display 11 in a prominent place on the owner's premises a 12 clearly visible warning sign indicating that 13 there is a dangerous dog on the premises. The 14 sign must be at least one (1) square foot in area 15 and be easily read from the public highway or 16 thoroughfare. The owner shall also display a sign 17 with a symbol warning children of the presence of 18 a dangerous dog. Similar signs shall be posted on 19 the dog's kennel, pen or enclosed structure. 20 (4) Photograph identification. Within ten (10) days 21 of the declaration of a dog as dangerous, the 22 owner or custodian shall provide the Division of 23 Animal Control two color photographs of such dog 24 clearly showing the color and approximate size of 25 the animal. 26 (5) Change of Status. The owner or custodian of a 27 dangerous dog shall notify the Division of Animal 28 Control immediately that the dog is unconfined 29 and on the loose, or has attacked a human being 30 or domestic animal. 31 (6) Change of Ownership. If the owner of a dangerous 32 dog sells, gives away, or otherwise transfers 33 custody of the dog, the owner shall, within five 34 35 6 36 M M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (f) (g) (h) 126 (P calendar days, provide t• Division of Animal Control with the name, address, and telephone number of the new owner or custodian if the new owner resides within the City limits. The previous owner shall notify the new owner of the dog's designation as a dangerous dog and of the requirements and conditions for keeping a dangerous dog. (7) Other reasonable conditions that may be deemed necessary by the Manager of Animal Control. Failure to Comply. It shall be unlawful for the owner or custodian of a dangerous dog to fail to comply with the requirements and conditions set forth in this section. Any dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply shall result in the revocation of the dangerous dog permit for such dog. In the event of the revocation of the permit, the owner or custodian shall remove such dog from the City within five (5) calendar days or the dog shall be destroyed. Declaration of a vicious dog. If the Division of Animal Control has cause to believe that a dog is a vicious dog within the meaning of subsection (b) of this section, the Division of Animal Control may find and declare such dog a vicious dog. Procedures for impoundment and destruction of vicious dog. The Division of Animal Control may declare a dog vicious and impound it if the dog poses a serious threat to the public health or safety. (1) Notice to owner of declaration of vicious dog. In instances where the dog is declared vicious or declared vicious and impounded, the Division of Animal Control shall, within forty -eight (48) VA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (2) (3) -- - - - - - - 127 h• s, notify the owner of he dog in writing posted at the owner's or custodian's last known address, that the dog has been determined to be a vicious animal and, if applicable, has been impounded by Animal Control. If the dog is impounded or if the owner retains possession of the dog, the owner shall have 5 days from delivery of the notice to contact Animal Control and comply with the ordinance by removing the dog from the city limits or having the dog euthanized. If the owner does not contact Animal Control within the five (5) day time prescribed , the Manager of Animal Control may have such dog euthanized, or may apply to Little Rock Municipal Court for an Order to impound and euthanize the dog. Court Appearance. If the owner of the dog contests the Division of Animal Control's determination that the dog is vicious, the Division of Animal Control shall issue a citation to appear for maintenance of a vicious dog in Little Rock Municipal Court to the owner. The dog shall remain at Animal Control pending trial and the owner shall be responsible for boarding fees. Judicial Determination. If the Court determines that the dog is vicious and that maintenance of the vicious dog is a danger to the public safety, the Court may order, in addition to any penalty provided in Section 1 -9, and in addition to any boarding fees owed, one of these alternatives: (a) that the dog be euthanized; (b) that the dog be removed from the city limits forthwith; (c) that if mitigating circumstances exists, U ltd • such as extreme provocation of the dog, that 1 the dog be declared dangerous and that the 2 owner comply with the ordinance on dangerous 3 dogs. 4 (2) Exemptions. This section shall not apply to dogs 5 properly kept and maintained by a police 6 department or law enforcement agency. 7 (3) Violations and penalties. Any person violating or 8 permitting the violation of any provision of this 9 section shall, upon conviction in a court of 10 competent jurisdiction, be subject to the 11 provisions of Section 1 -9 of the Little Rock City 12 Code. In addition to the fine imposed, the court 13 may order the permit of the subject dangerous dog 14 revoked and the dog removed from the City, or in 15 the case of a vicious dog, may order the dog 16 removed from the City, euthanized, or declared 16 dangerous, if mitigating circumstances are 18 present. 19 (4) Change of status. the owner or custodian of a 20 vicious dog shall notify the Division of Animal 21 Control immediately that the dog is unconfined 22 and on the loose, or has attacked a human being 23 or domestic animal. 24 SECTION 7. Chapter 6 of the Little Rock City Code, 1988, is 2 5 hereby amended to add Section 6 -9.2 to read as follows: 25 Sec. 6 -9.2. Trapping. 27 (a) No person shall set any trap to catch any animal, 28 permit any trap owned by them or in their control to 29 be set to catch any animal, or allow a trap to be set 30 to catch an animal on their property unless approved 31 by the Division of Animal Control. Any animal so 32 trapped shall be immediately relinquished to the 33 Division of Animal Control. 34 35 9 36 123 1 (b) This section shall not apply to the indoor trapping of 2 rats and mice. 3 (c) Nothing in this paragraph shall apply to furbearing 4 season traps authorized by the Arkansas Game and Fish 5 commission pursuant to Game and fish Commission Code 6 of Regulations, Section 10.02 and 10.04. 7 SECTION B. Section 6 -10 of the Little Rock City Code, 1988, 8 is hereby amended to read as follows: 9 Sec. 6 -19. Hogs prohibited. 10 It shall be unlawful to keep or maintain any hogs, pigs or 11 swine within the corporate limits of the City (Code 1961, § 12 7 -5). This section does not apply to: 13 (a) The Little Rock Zoo. 14 (b) The Museum of Science and History. 15 (c) Bona fide circus, state fairs, research or educational 16 institutions complying with applicable laws and 17 regulations. 18 (d) Vietnamese Pot - bellied pigs. 19 SECTION 9. Section 6 -11 of the Little Rock City Code, 1988, 20 is hereby amended to read as follows: 21 Sec. 6 -11. Relinquishment to the Division of Animal Control. It shall be unlawful for any person to abandon any 22 23 animal within the corporate limits of the City. Any person 24 desiring to relinquish an animal shall take it to the Animal Control Center and shall pay the relinquishment fee 25 26 as prescribed in Section 6- 52(f). SECTION 10. Section 6 -12 of the Little Rock City Code, 27 28 1988, is hereby amended to read as follows: 29 Sec. 6 -12. Keeping of prohibited animals. 30 (a) In this section: 31 (1) Carnivora shall include, but not be limited to, the following families, with representatives of 32 those families as indicated: 33 a. Ursidae: Bears. 34 35 36 10 M = = = M M 130 b• canidae: Wolves, coyotes, foxes, or the 1 hybrid offspring of such canidae (including, 2 but not limited to, domestic dog - canidae 3 4 crosses). C. Hyaenidae: Hyenas. 5 d. Filidae: Lions, tigers, leopards, American 6 lions (commonly known as pumas, cougars, and 7 panthers), cheetahs, bobcats, ocelots, 8 jaguars, African panthers, lynx, margays. 9 e. Procyonidae: Raccoons and relatives. 10 f. Mustelidae: Weasels, skunks, and relatives. 11 g. Viverridae: Binturongs, civets and 12 relatives. 13 (2) Innately wild animals shall include all members 14 of the order Carnivora which are all meat- eating 1 5 animals, excluding domestic breeds of dogs and 15 cats. 17 (3) Nonhuman primates shall include, but not be 18 limited to, the following families: 19 a. Monkeys: Spider monkeys, squirrel monkeys, 20 marmosets, baboons and relatives. 21 b. Great Apes: Gorillas, orangutans, gibbons, 22 siamangs, chimpanzees and relatives. 23 (4) Venomous reptiles shall include, but not be 24 limited to, the following families: 25 a. Colubridae: (two genera only), Dispholidus 26 (boomslang) and Thelotornis (twig snakes). 27 b. Elapidae: Cobras, kraits, coral snakes and 28 relatives. 29 c. Hydrophilidae: Sea snakes. 30 d. Viperrdae: Vipers, adders. 31 e. Crotalidae: Pit vipers (commonly known as 32 rattlesnakes, water moccasins, copperheads). 33 f. Helodermatidae: Gila monsters. 34 35 11 36 131 (b) The sale, possession, maintenance or keeping of 1 carnivora, innately wild animals, nonhuman primates 2 and venomous reptiles within the City is unlawful. 3 (c) Subsection (c) of this section does not apply to: 4 (1) The Little Rock Zoo. 5 (2) The Museum of Science and History. 6 (3) Bona fide circuses and carnivals. 7 (4) Research or educational institutions complying 8 with applicable laws and regulations. 9 (5) Professional members of the Arkansas 10 Herpetological Society who have received prior 11 approval from the director of the Little Rock 12 13 Zoo. (d) There shall be a three -day grace period after notice 14 for removal of the innately wild animal from the City 15 before the penalty for violation of this section shall 16 be imposed. 17 SECTION 11. Section 6 -12.1 of the Little Rock City Code, 18 1988, is hereby amended to read as follows: 19 Sec. 6 -12.1. Condition of pen and premises generally. 20 It shall be unlawful for any person keeping or harboring 21 any animal, livestock, or fowl to fail to keep the premises 22 where such animal is kept free from offensive odors to the 23 extent that such odors are disturbing to any person 24 residing within three hundred (300) feet of the premises. 25 It shall be unlawful to allow premises where animals are 26 6 kept to become unclean and a threat to the public health by 2 failing to diligently and systematically remove all animal 28 fecal matter from the premises a minimum of once every 29 forty -eight (48) hours. 30 SECTION 12. Section 6 -13 of the Little Rock City Code, 31 1988, is hereby amended to read as follows: 32 Sec. 6 -13. Keeping of livestock. 33 It shall be unlawful to keep cows, goats, horses, or other 34 35 12 36 132 hoofed animals in a pen or lot within1hree hundred (300) 1 feet of any residence other than the residence of the 2 livestock owner or business establishment. 3 SECTION 13. Section 6 -14 (1) of the Little Rock City Code, 4 5 1988, is hereby amended to read as follows: Sec. 6 -14. Keeping of small animals and fowl, locations of 6 7 pens, etc. (a) All such animals must be provided with adequate 8 housing. Floor space in such houses shall be in 9 accordance with the following minimum requirements: 10 (1) For rabbits, four (4) square feet per animal over 11 four (4) months of age. 12 (2) For turkeys, four (4) square feet per animal over 13 four (4) months of age. 14 (3) For chickens and similar fowl, three (3) square 15 feet per bird over four (4) months of age. 16 (4) for bantams, three (3) square feet per bird over 17 four (4) months of age. 18 Provisions of this section do not apply to pea fowl or 19 ducks. 20 SECTION 14. Section 6 -16(b) of the Little Rock City Code, 21 1988, is hereby revised to read as follows: 22 Sec. 6 -16. Kennels or boarding facilities. 23 (b) All kennels shall, in addition to the other 24 requirements of this chapter, comply with the 5 2 5 following minimum standards of this section. Failure 2 to meet these standards shall be grounds for denial of 27 a privilege license or revocation of a privilege 28 license. 29 (1) Enclosures must be provided which shall allow 30 adequate protection against weather extremes. 31 Runs and /or cages with adequate drainage into a 32 closed sewer system must be provided. Floors of 33 building, runs and walls shall be made of an 34 35 13 36 133 to roper cleaning and impervious material permit 1 disinfecting. 2 (2) Building temperatures shall be maintained at a 3 comfortable level: Adequate ventilation shall be 4 maintained. 5 (3) Each animal shall have sufficient space to stand 6 up, lie down and turn around without touching the 7 sides or top of cages. 8 (4) Cages are to be of material and construction that 9 permit cleaning and sanitizing. 10 (5) Cage floors of concrete, unless radiantly heated, 11 shall have a resting board or some type of 12 bedding. 13 (6) Runs shall provide protection from the weather. 14 Runs shall have an impervious surface. 15 (7) All animal quarters and runs are to be kept 15 6 clean, dry and in a sanitary condition. 1 (8) The food shall be free from contamination, 18 wholesome, palatable, and of a sufficient 19 quantify and nutritive value to meet the normal 20 daily requirements for the condition and size of 21 the animal. 22 (9) All animals shall have fresh water available at 23 all times. Water vessels shall be mounted or 24 secured in a manner that prevents tipping and be 25 of the removable type. 26 (10) Kennels and boarding facilities, except licensed 27 veterinarian facilities, shall provide an 28 adequate exercise area of a minimum of twenty 29 five feet by twenty five feet (25' x 251). 30 SECTION 15. Section 6 -18 of Little Rock City Code, 1988, is 31 hereby amended to read as follows: 32 Sec. 6 -18. Sanitary requirements as to housing. 33 (a) It shall be unlawful for any person having authority 34 35 14 36 134 to control the use of any stable• en, shed, stall or 1 other places where any livestock and /or fowl is kept, 2 to allow same to become unclean, malodorous, or 3 unsanitary. Every person who owns or keeps any animal 4 shall maintain in connection therewith a garbage can, 5 bin or pit in which the manure from the animals shall 6 be placed pending removal. The garbage can, bin or 7 dirt - covered pit shall be provided with covers or 8 other devices approved by an animal control officer, 9 sufficient to prevent the ingress and egress of flies 10 and other inset pests. The garbage can, bin or pit 11 shall be located at a point most remote from the house 12 of the nearest neighbor and most remote from any 13 street or avenue but must remain on the premises of 14 the owner. All persons controlling places where any 15 livestock or fowl is kept shall remove all manure from 16 such garbage can, bins, or pits before same becomes 17 malodorous or unsanitary. However, any person may use 18 the manure upon his premises for the purpose of 19 enriching his own ground, or for any other purpose to 20 which manure can properly be put, when same is not 21 offensive or unsanitary, and any person may remove 22 manure from garbage cans, bins, pits or other places 23 where deposited for any purpose when such manure is 24 not offensive or unsanitary. 25 (b) All places where livestock is kept shall have adequate 6 2 6 drainage sufficient to prevent standing water in yards 2 or pens. Duck ponds shall be drained and cleaned 28 regularly. 29 (c) All yards or pens wherein livestock is kept shall be 30 regularly covered with lime or other suitable chemical 31 agents, as may be approved by the animal control 32 officer, to prevent bad odors or nuisance to 33 neighbors. 34 35 15 36 1.3 1 (d) This s• ion does not apply to the keeping of ducks at 2 City parks and at the City Zoo or by privately owned 3 multi -unit residential complexes. 4 SECTION 16. Chapter 6 of the Little Rock City Code, 1988, 5 is hereby amended to add Section 6 -20 to read as follows: 6 Sec. 6 -20. Animal bites. 7 When any animal has bitten, scratched, or otherwise 8 attacked a person, that person or anyone having knowledge 9 of such incident shall immediately notify the Animal 10 Control Division. The animal shall be quarantined for a 11 period of ten (10) days from the date of the bite either in 12 the Animal Control Center, in which case the owner shall 13 pay the Division of Animal Control the daily board rate for 14 the period of quarantine, or at a veterinary hospital 15 within the City limits at the expense of the owner, or in 16 the alternative, the owner may relinquish the animal to the 17 Division of Animal Control and the animal shall be 18 euthanized and its head taken to the State Health Z9 Department for a pathological examination. If the owner 20 fails to reclaim the animal at the end of the quarantine 21 period, the Division of Animal Control, its designees, or 22 an animal control officer may dispose of the animal. SECTION 17. Section 6 -43 of the Little Rock City Code, 23 24 1988, is amended to read as follows: 25 Sec. 6 -43. Maximum number allowed on premises. 26 (a) In this section: 27 (1) Animal means a dog or cat. 28 (2) Animals "mean dogs, cats or any combination 29 thereof. 30 (3) Possession or ownership shall mean harboring or 31 feeding an animal. 32 (b) It shall be unlawful for any person or household to 33 own, keep or harbor more than four (4) animals. 34 (c) Subsection (b) of this section does not apply to: 35 36 16 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1988, 136 01 4P (1) Animal hospitals and veterinarians when such animals are kept upon premises used by such animal hospital and veterinarians as their normal place of business. (2) Owners of animals who are animal breeders or kennel operators who hold a privilege license from the City for breeding or kennel operations. (3) Private hunting club kennel owners who keep hunting dogs for hunting only. Such use must be approved by the Manager of Animal Control. Private hunting kennels must comply with all provisions of §§ 6 -12.1 and 6 -16(b) (1 -10) except purchase of a privilege license. Nothing herein affects the private hunting club kennel's duty to comply with all applicable city ordinances. SECTION IS. Section 6 -44 of the Little Rock City Code, is hereby amended to read as follows: Sec. 6 -44. License fee; tags. (a) It shall be unlawful for any person to own, keep or harbor a dog or cat within the corporate limits of the City without having first paid to the City an annual license fee of five dollars ($5.00) each on all dogs or cats four (4) months of age or over. Upon request by the Division of Animal Control, its designee, or an animal control officer, the owner or person having control of the dog or cat must provide a copy of the Rabies Vaccination Registration Form for Dogs and Cats as proof of the license and tags. The owner or person having control of the dog or cat must provide proof of the age of each dog or cat which is unvaccinated. (b) The license fee shall be due and payable upon the dog or cat attaining four (4) months of age and at. the same time as the dog or cat receives a rabies vaccination as required by this article. 17 M 1'3'7 c (c) Upon payment of the fee, it shall be the duty of the 1 City or its designee to furnish the owner of the dog 2 or cat with a metal tag of distinctive design with the 3 serial number of the dog or cat. This serial number 4 will be kept on file in the Animal Control Center. 5 (d) Every dog or cat covered by this article must have and 6 wear a collar or harness with a license tag firmly 7 attached. The tag, when issued, shall at all times be 8 securely attached to the dog's or cat's collar or 9 harness, and failure to keep such tag on the dog's or 10 cat's collar or harness shall be unlawful. 11 (e) Any untagged animal shall be considered as a stray or 12 as an unowned animal for the purpose of enforcement of 13 this Chapter and shall become the property of the City 14 of Little Rock. 15 (f) The license required by this section shall be 16 effective for the year ensuing its issuance and must 17 be renewed in each subsequent year during the same 1s month it was originally issued. 19 (g) Owners of seeing eye dogs or guide dogs, such dogs 20 being used to aid the blind, are not required to pay 21 an annual city license fee as required by this section 22 at the time the dog receives a vaccination. 23 SECTION 19. Section 6 -45 of the Little Rock City Code, 24 1988, is hereby amended to read as follows: 25 Sec. 6 -45. Vaccination. 26 (a) No person shall own, keep, harbor or have control over 27 any dog or cat over the age of four (4) months unless 28 the animal has been vaccinated with an antirabies 29 vaccine by a licensed veterinarian and only as per 30 state law. 31 (b) The City will furnish a four -part registration form 32 and tags to all veterinarians who shall register dogs 33 and cats kept within the City. Each veterinarian shall 34 35 18 36 M 1'3'7 c 133 remit to the City all monies collected for licenses at 1 the end of each month with one (1) copy of the 2 registration form. 3 (c) This section does not prevent the manager of the 4 Division of Animal Control from establishing clinics 5 for the purpose of vaccinating dogs or cats. 6 (d) Any licensed veterinarian may, in addition to the 7 annual license fee, impose a handling charge of up to 8 one dollar ($1.00) for the collection of the annual 9 license fee. 10 SECTION 20. Section 6 -46 of the Little Rock City Code, 11 1988, is hereby amended to read as follows: 12 Sec. 6 -46. Confinement and restraining of dogs. 13 (a) Any person owning, possessing, or keeping a dog 14 whether vaccinated or unvaccinated, licensed or 15 unlicensed, shall confine the dog within an adequate 16 physical fence or enclosure, or within a house, garage 17 or other building or shall confine the dog by a chain 18 or leash affixed to the dog's collar and attached to 19 some substantial stationary object adequate to prevent 20 the dog from running at large. This shall not include 21 any cord, rope, or other improvised material or 22 substitution. Such leash or harness must have a collar 23 made of leather or nylon which leaves enough room for 24 two (2) fingers to fit between the collar and the 25 animal's throat. Choke chains shall not be used for 26 purposes of restraining a dog. Choke chains are only 27 permissible when used for training purposes. When 28 using a choke chain for training, there must be enough 29 room between the collar and the dog's throat through 30 which two (2) fingers may fit. 31 (b) An electronic containment device may be used as a 32 primary containment measure if signs stating ~pet 33 contained by electronic device" or similar language 34 35 19 36 1 using a trademark name, are conspicuously posted at 139 2 the front and back of the enclosed area. Such signs 3 shall be a minimum of 60 x 8° and one of them shall be 4 visible from the roadway or entry to the premises. The 5 property owner is responsible for posting the signs 6 and failure to post or maintain such signs is a 7 violation of this ordinance. 8 SECTION 21. Chapter 6 of the Little Rock City Code, 1988, 9 is hereby revised to add: 10 6 -46.1. Confinement during transportation. 11 (a) When transporting a dog in a pick -up or any open -bed 12 vehicle, the dog shall be confined by chain to the center of the bed. The length of the chain shall be 13 14 limited as to prevent the dog from having access to the sides or rails of the bed. 15 15 (b) When transporting an animal, the windows or tops of vehicles shall not exceed space providing any animal 17 access to escape unless such animal is properly 18 confined by leash or chain affixed to the animal's 19 collar and attached to a substantial stationary object 20 within such vehicle. 21 (c) Carrier or dog boxes shall provide the animal with 22 adequate room to stand, turn around, or stretch out 23 without hindrance and provide adequate shelter and 24 ventilation from negative environmental conditions. 25 SECTION 22. Section 6 -47 of the Little Rock City Code, 26 1988, is hereby repealed. 27 SECTION 23. Section 6 -49 of the Little Rock City Code, 28 1988, is hereby amended to read as follows: 29 Sec. 6 -49. Condition of premises where dogs or cats kept. 30 It shall be unlawful for any person keeping or harboring 31 dogs or cats to fail to keep the premises where the dogs or 32 cats are kept free from offensive odors to the extent that 33 such odors are disturbing to any person residing within 34 35 20 36 140 1 three hundred (300) feet of the premises. It shall be 2 unlawful to allow premises where dogs or cats are kept to become unclean and a threat to the public health by failing 3 to diligently and systematically remove all animal waste 4 from the premises at least once every forty -eight (48) 5 6 hours. SECTION 24. Section 6 -51 of the Little Rock City Code, 7 1988, is hereby amended to read as follows: 8 Sec. 6 -51. Release of unaltered (unsterilized) animals. 9 (a) It shall be unlawful for any Animal Control shelter or 10 animal humane organization to release any unaltered 11 dog or cat to a new owner unless a written agreement 12 to spay or neuter such animal has been signed by the 13 person acquiring the animal and an officer /agent for 14 the Animal Control shelter or animal humane 15 organization. 16 (b) The sterilization shall be performed by the date 17 stipulated, but if an extension of time is necessary 18 for a valid reason, the owner shall request and must 19 receive approval for such extension. In the event an 20 extension is granted, a written extension agreement 21 must be signed by the owner and an officer /agent of 22 the Animal Control shelter or the animal humane 23 organization. The maximum extension that may be 24 granted is thirty (30) days. A copy of the signed 5 25 written agreement and any extension agreement must be 2 provided to the Division of Animal Control and must be 27 kept on file by the Division of Animal Control. The 28 signed written agreement shall be binding and failure 29 to comply is unlawful. Upon failure to comply: 30 (1) The animal shall be returned by the owner to the 31 Animal Control shelter or animal humane 32 organization which released the animal; and 33 (2) Ownership of the animal reverts to the agency 34 35 21 36 • 141 w• h released the animal. 1 (3) No claim may be made by the owner to recover 2 expenses incurred for maintenance of the animal, 3 including the initial procurement cost. 4 (c) This section does not prevent the Manager of the 5 Division of Animal Control from establishing clinics 6 for the purpose of sterilization. 7 SECTION 25. Section 6 -52 of the Little Rock City Code, 198, 8 is hereby amended to read as follows: 9 Sec. 6 -52. Impoundment, redemption, etc. of dogs. 10 (a) The animal control officer shall take into custody any 11 dog found at large in the city and shall impound the 12 dog in the Animal Control Center. Each impounded dog 13 shall be held for a period of five (5) business days 14 at the end of which time the dog shall become the 15 property of the Division of Animal Control, unless 15 custody of the dog is released prior to such time 17 under the following conditions: 18 (1) During the first three (3) business days of such 19 impoundment, the animal control officers shall 20 make diligent efforts to determine the owner of 21 the dog and notify the owner of the impoundment. 22 (2) If the owner of the dog fails or refuses to claim 23 and repossess the dog by the payment of the 24 proper fee as prescribed in subsection (c) of 25 this section, then the animal control officer may 26 deliver custody and possession of the dog to any 27 person other than the owner upon the payment of 28 the adoption fee as prescribed in subsection (e) 29 of this section. 30 (3) The owner of the impounded dog who fails or 31 refuses to claim and repossess the dog must pay 32 the Daily Board Rate for the five (5) business 33 days during which the Animal Control Center has 34 35 22 36 m• tained the dog for the owner to reclaim and 14 2 1 2 repossess the dog. (b) No dog that has not been licensed and vaccinated shall 3 be released unless the person redeeming the dog and an 4 officer /agent of the Division of Animal Control signs 5 a written agreement to have the dog licensed and 6 vaccinated. The Division of Animal Control shall keep 7 the original written agreement for the licensing and 8 vaccination of the dog. 9 (c) The fees for redemption of a dog by its owner are as 10 follows: 11 (1) For an owner who has failed to license and 12 vaccinate the dog as prescribed in this Chapter 13 within one (1) year: 14 First impoundment ................. .....$ 35.00* 15 Second impoundment ........................ 65.00* 16 Each subsequent impoundment ...............150.00* 17 (2) For an owner who has licensed and vaccinated the 18 dog as prescribed in this Chapter within one (1) 19 year: 20 First impoundment ........................$ 25.00* 21 Second impoundment ....................... 35.00* 22 Third impoundment ........................ 65.00* 23 Each subsequent impoundment ...............100.00* 24 *plus Daily Board Rate as provided in subsection 25 (d) of this section. 26 (d) The Daily Board Rate for the care and maintenance of 27 the dog is Four Dollars ($4.00). 28 (e) The adoption fee per animal is as follows: 29 Dog (3 months and older) ...................$20.00 30 All other dogs or cats ..................... 10.00 31 (f) The relinquishment fee per animal is as follows: 32 Dog or Cat (3 months and older) ............ $10.00 33 (under 3 months old), ............ 3.00 34 35 23 36 143 1 (g) The p• ent of the redemption fe0e as provided in 2 subsection () of this section does not preclude the 3 prosecution of the owner and the imposition of fines 4 in Little Rock Municipal Court. 5 SECTION 26. That all laws and parts of laws in conflict 6 herewith are repealed, but only to the extent of such conflict. 7 SECTION 27. It is hereby declared that an emergency exists, 8 and this ordinance being necessary for the preservation of the 9 public welfare, peace, health, and safety, shall take effect and 10 be in force from and after the date of its passage. 11 PASSED: February 4, 1992 12 ATTEST: APPRO D: 13 14 ROBSIB HANC� ON PRIES 15 CITY CLERK MAYOR 16 APPROVED AS TO FORM: 17 / � W. 18 OMAN M. CA1(YE1P1MV 19 CITY ATTORNEY 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 24 36