18668•
I ORDINANCE NO. 18,668
2
3 AN ORDINANCE TO AMEND CHAPTER 6 OF THE CODE
4 OF ORDINANCES PERTAINING TO ANIMAL SERVICES
5 GENERAL PROVISIONS.
6
7 WHEREAS, the Little Rock Board of Directors adopted Little Rock
8 Resolution No. 10,906 establishing the Animal Services Advisory Board for the
9 purpose of reviewing Animal Services operations and ordinances and
10 recommending changes, and
11 WHEREAS, in response to this directive, the Animal Services Advisory
12 Board has carefully considered the existing Animal Services Code and the
13 changes proposed by the Animal Services Task Force, and
14 WHEREAS, based on this study and review, the Animal Services
15 Advisory Board has recommended dividing the Animal Services Code into eight
16 Articles entitled 'T General Provisions," "II. Dogs," "Ill. Cats," "IV. Impound -
17 ment /Reclamation," "V. Adoption," "VI. Livestock," "VII. Prohibited Animals,"
18 and "VIII. Animal Businesses" for purposes of gradual revision and
19 reorganization, and
20 WHEREAS, in furtherance of this gradual revision process, the Animal
21 Services Advisory Board has requested that the Little Rock Board of Directors
22 adopt proposed amendments to certain provisions of the Animal Services Code
23 for the purpose of creating a new Article I entitled "General Provisions," and
24 WHEREAS, the Board of Directors supports the Animal Services
25 Advisory Board's approach to Animal Services Code reorganization and review,
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
27 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
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1 Section 1. Little Rock, Ark., Rev. Code §§ 6 -1 through 6 -7.1 and §§ 6 -9, 6-
2 9.1, 6 -11, 6 -12.1, 6 -18, 6 -49, and 6 -50 are hereby repealed and shall be replaced by
3 the provisions set forth below.
4 ARTICLE I. GENERAL PROVISIONS
5 6 -1. Definitions.
6 The following words, terms and phrases, when used in this chapter,
7 shall have the meanings ascribed to them in this section, except where the
8 context clearly indicates a different meaning:
9 At Large means, with reference to a dog, not confined to the premises
10 of the owner or within a house or other building or enclosure or restrained
I I on the premises of the owner by a leash sufficiently strong to prevent the
12 dog from escaping and restricting the dog to the premises, or not confined
13 by a leash or confined within an automobile when away from the premises
14 of the owner.
15 Breeder means any person who maintains an unaltered (unsterilized)
16 dog or cat and breeds such animal for any consideration of profit, fee or
17 compensation.
18 Cat means any member of the feline or cat family.
19 City means the City of Little Rock, Arkansas.
20 Collector means the city revenue collector or his duly authorized
21 agent.
22 Dog means any member of the canine or dog family.
23 Domesticated Animal means an animal that has adapted to life in close
24 association with and to the advantage of humans, such as animals that are
25 kept by humans as pets or as livestock.
26 Vaccination means an injection of any vaccine for rabies approved by
27 the state veterinarian board and administered by a licensed veterinarian.
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1 6 -2. Enforcement.
2 (a) Penalty. Any person convicted of a violation of any of the
3 provisions of this chapter shall be punished as provided in section
4 1 -9.
5 (b) Creation of the Division of Animal Services. The Division of Animal
6 Services is hereby created. The City Manager is directed to assure
7 that this Division is placed under the auspices of the appropriate
8 City Department and, that any necessary regulations are
9 promulgated and published to assure compliance with the terms of
10 this Animal Services Code, as it may be amended, including, but
11 not limited to, provisions which govern the care of any animal
12 found within the corporate limits of the City.
13 (c) Authority to Issue Citations. The City Manager shall designate the
14 division of City government, in addition to certified law
15 enforcement officers, permitted to issue citations for the violation of
16 any provision of the Animal Services Code. The names of the
17 persons authorized to issue citations shall be on file with the City
18 Clerk. No person shall be authorized to issue citations pursuant to
19 this Section until the person has successfully completed an
20 appropriate training program to assure: an understanding of the
21 provisions of this Code; and awareness of the policies, procedures,
22 and regulations of the division of City government primarily
23 charged to assure compliance with this Code; and an appreciation
24 of the statutory and constitutional rights of any person alleged to
25 have violated this Code.
26 (d) Citation to Appear. The citation to appear shall:
27 (1) Contain a brief statement of the nature of the violation;
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1 (2) Be signed by a person who is authorized to issue it and who
2 has personal knowledge of the violation; and
3 (3) Contain a printed statement to be signed by the violator in
4 which the violator promises to appear in municipal court on a
5 certain date.
6 (e) Refusal to Sign Citation. The citation to appear should be signed by
7 the violator. If the violator fails to sign the citation to appear, the
8 person issuing the citation may:
9 (1) Indicate on the space provided for signature that the violator
10 refused to sign, leave a copy of the citation with the person
11 cited, and follow the usual procedure for filing the citation in
12 municipal court; or
13 (2) File a criminal affidavit and seek a warrant for the arrest of the
14 offender.
15 (f) Enforcement Orders. An enforcement order is a written notice which
16 mandates compliance with one or more Code provisions by a
17 certain date.
18 (1) A person authorized to issue a citation for failure to comply
19 with the provisions of this Animal Services Code shall also
20 have the authority to issue an enforcement order provided that
21 no enforcement order shall be issued if the noncompliant
22 situation is one that presents an imminent risk of death or
23 serious physical injury to any animal or person.
24 (2) The enforcement order shall:
25 a. Contain a brief statement of the nature of the violation;
26 b. Be signed by a person who is authorized to issue it and who
27 has personal knowledge of the violation; and
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I c. Contain a printed statement to be signed by the violator in
2 which the violator promises to comply with the
3 enforcement order by a certain date.
4 (g) Refusal to Sign Enforcement Order. The enforcement order should
5 be signed by the violator. If the violator fails to sign the
6 enforcement order, the person issuing the enforcement order may:
7 (1) Indicate the refusal of the violator to sign on the space
8 provided for signature and leave a copy of the enforcement
9 order with the person cited or posted at their residence and
10 mail a copy of the enforcement order to the violator by any
11 form of delivery for which a return receipt is used; or
12 (2) Mail a copy of the enforcement order to the violator by first
13 class mail and by any form of delivery for which a return
14 receipt is used.
15 The date of service for a signed enforcement order, or for an
16 unsigned order that is posted and mailed to the violator, is the
17 date the order is signed, or the date the order is posted. The date
18 of service for an unsigned enforcement order that is mailed
19 pursuant to subsection (b) above is the date a return receipt is
20 signed by the violator, or three (3) days after the first class letter is
21 mailed, whichever occurs first.
22 (h) Interference with Enforcement. It shall be unlawful for any person to
23 interfere with, molest, injure, or harass, any person authorized to
24 enforce the Animal Services Code while that person is engaged in
25 any enforcement duties taken pursuant to the Code, or to
26 otherwise obstruct or prevent an authorized person from the
27 discharge of any such duty.
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1 6 -3. Sanitary Conditions.
2 (a) It shall be unlawful for any person keeping or harboring any
3 animal to fail to keep the premises where such animal is kept free
4 from unsanitary conditions which encourage the breeding of
5 parasites, insects and flies or cause odors that are offensive to a
6 person of reasonable sensibilities.
7 (b) It shall be unlawful to allow premises where animals are kept to
8 become unclean and a threat to the public health by failing to
9 diligently and systematically remove all animal fecal matter from
10 the premises a minimum of once every forty-eight (48) hours.
11 (c) It shall be unlawful for any person to allow an animal within the
12 persons control to defecate on public property or on the private
13 property of another person unless the person having control of the
14 offending animal immediately removes and disposes of the
15 animal's feces.
16 (d) All animal fecal matter shall be disposed of in accordance with the
17 Little Rock Solid Waste Ordinance.
18 (e) All places where livestock is kept shall have adequate drainage
19 sufficient to prevent standing water in yards or pens. Duck ponds
20 shall be drained and cleaned as required to prevent malodorous
21 conditions.
22 (f) It shall be unlawful for any person keeping or harboring any
23 animal to keep the animal in premises on which there is garbage,
24 trash, or debris of any nature, including broken glass and cans, that
25 could subject the animal to injury or disease.
26
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1 6 -4. Animal Slaughter.
2 It shall be unlawful to slaughter a domesticated animal in a
3 residentially zoned area of the city. Nothing in this section shall
4 prevent the euthanasia of any animal by a licensed veterinarian or by
5 trained Animal Services personnel.
6 6 -5. Animal Cruelty.
7 (a) Except as authorized by law, no person shall knowingly:
8 1) Abandon any animal under circumstances subjecting it to the
9 possibility of death, injury, starvation, dehydration or disease;
10 (2) Subject any animal to cruel mistreatment of any kind or by any
11 means or device, including tying or strapping with weights or
12 heavy chains;
13 (3) Subject any animal to the following if not performed by a
14 licensed veterinarian: neutering or spaying; tail docking, ear
15 cropping, or other surgical procedure;
16 (4) Subject any animal in his or her custody to neglect under
17 circumstances exposing the animal to injury, disease,
18 unsanitary conditions, extreme temperatures, starvation,
19 dehydration or death;
20 (5) Cause or permit any dogfight, cockfight, bullfight or other
21 combat between animals or between animals and humans;
22 (6) Kill or injure any animal belonging to another without legal
23 privilege or consent of the owner; or
24 (7) Chain an animal on a chain that is shorter than six (6) feet in
25 length.
26 (b) It shall be unlawful for any person to poison any animal or to
27 distribute poison or other toxic substance in any manner
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1 whatsoever with the intent to harm, or for the purpose of poisoning
2 any such animal, except for the purpose of controlling insects or
3 rodents in accordance with accepted pest control methods.
4 6 -6. Trapping.
5 (a) No person shall set any trap to catch any animal, permit any trap
6 owned by them or in their control to be set to catch any animal, or
7 allow a trap to be set to catch an animal on their property unless
8 approved by the Division of Animal Services. Any animal so
9 trapped shall be immediately relinquished to the Division of
10 Animal Services.
11 (b) Exceptions:
12 (1) Section 6 -6(a) shall not apply to the indoor trapping of rats and
13 mice.
14 (2) Section 6 -6(a) shall not apply to fur bearing season traps
15 authorized by the Arkansas Game and Fish Commission
16 pursuant to the Game and Fish Commission Code of
17 Regulations.
18 (3) Trapping of rabbits and other nuisance animals in humane box
19 traps is permitted for relocation of the animal in accordance
20 with the Arkansas Game and Fish Commission Code of
21 Regulations.
22 6 -7. Diseased or Injured Animals.
23 (a) It shall be unlawful for any person to knowingly keep any injured
24 animal without providing proper, timely treatment, including
25 treatment by a veterinarian when appropriate, for such injury.
26 (b) It shall be unlawful for any person to knowingly keep any animal
27 infected with a fatal disease that is contagious to other animals
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1 unless the sick animal is isolated to prevent spread of the disease to
2 other animals. This subsection shall not apply to rabid animals.
3 (c) Any injured or diseased animal within the City shall be subject to
4 seizure if a court of competent jurisdiction issues a warrant for such
5 seizure upon a determination that there is probable cause to believe
6 that:
7 (1) The animal is injured and is not receiving proper and timely
8 treatment for the injury;
9 (2) The animal is diseased and
10 a) is not receiving proper and timely treatment for the disease; or
11 b) is not being cared for in a manner designed to assure that the
12 animal poses no threat to the health or well being of humans
13 or animals.
14 (d) Any injured or diseased animal within the City shall be subject to
15 immediate seizure if the City has a reasonable suspicion that an
16 emergency exists and such seizure is necessary to protect the
17 animal from an imminent threat of death, infectious disease, or
18 serious physical injury.
19 (e) Any diseased or injured animal seized pursuant to the provisions
20 of this Animal Services Code, shall be appropriately treated for the
21 injury or disease by the Division of Animal Services or, where
22 necessary, by a veterinarian licensed to practice in the State of
23 Arkansas.
24 (f) The remains of any dead animal are subject to seizure and disposal
25 if, within a reasonable period after death, the owner has not
26 disposed of the remains as required by the City Solid Waste
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1 Ordinance, or by state law dealing with the remains of animals
2 tested for the presence of rabies.
3 (g) Any diseased or injured animal shall be subject to being euthanized
4 when it is determined by a veterinarian licensed to practice in
5 Arkansas, or by the head of the Animal Services Division, acting
6 pursuant to protocols approved by a veterinarian licensed to
7 practice in Arkansas, that such disposition is necessary to prevent
8 unwarranted suffering by the animal. Best efforts shall be made by
9 the Animal Services Division to contact the animal's owner before
10 such animal is euthanized. The disposition of the euthanized
11 animal shall be in accordance with regulations promulgated
12 pursuant to the provisions of this Animal Services Code.
13 (h) Expense for treatment of diseased or injured animals. Any owner
14 who reclaims or redeems an animal which has been treated under
15 the provisions of this Animal Services Code shall, prior to the
16 release of the animal, reimburse the City or the treating
17 veterinarian for any expenses incurred, unless the owner shows
18 proof that the animal was undergoing treatment for the disease or
19 injury at the time it was seized. If the owner makes direct payment
20 to the veterinarian for such treatment, the owner must provide the
21 Division of Animal Services with a receipt of such payment before
22 the animal is released. The payment for the expense incurred in the
23 treatment of such animal is in addition to any redemption fees
24 assessed pursuant to this Animal Services Code.
25 Section 2. "Article II" of the existing Animal Services Code shall be
26 renumbered "Article III."
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I Section 3. To accommodate gradual revision and reorganization of
2 Animal Services Code provisions, the following sections shall be moved
3 from the existing Article I and grouped under "Article Ii — Miscellaneous
4 Provisions" as code sections 6 -12 through 6 -21.
5
6 -8.
Dangerous and Vicious Dogs
6
6 -10.
Hogs Prohibited
7
6 -12.
Keeping of Prohibited Animals
8
6 -13.
Keeping of Livestock.
9
6 -14.
Keeping of Small Animals and Fowl; Locations of Pens, etc.
10
6 -15.
Feed Stores and Poultry Houses; Keeping of Poultry and Animals
11
6 -16.
Kennels
12 6 -17. Pet Shops
13 6 -19. Livestock or Fowl Running at Large
14 6 -20. Animal Bites
15 Section 4. Severability. In the event any title, section, paragraph,
16 item, sentence, phrase or word of this ordinance is declared or adjudged to
17 be invalid or unconstitutional, such declaration or adjudication shall not
18 affect the remaining portions of the ordinance which shall remain in full
19 force and effect as if the portion so declared or adjudged invalid or
20 unconstitutional was not originally a part of the ordinance.
21 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the
22 same, that are inconsistent with the provisions of this Ordinance are hereby
23 repealed to the extent of such inconsistency. All other provisions of Chapter
24 6 of the Code of Ordinances not in conflict herewith shall remain in full force
25 and effect.
26
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1 PASSED: April, 2, 2002
2
3 ATTEST:
4
5;.�rO
6 Na'cy Wo d, City Clerk
7
8 APPROVED AS TO LEGAL FORM:
to
11 Thomas M. Carpenter, City Atorney
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APPROVED:
lblj
JhW Dailey, Mayor
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