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18937r'I L 1 2 ORDINANCE NO. 18,937 0 3 AN ORDINANCE TO AMEND CHAPTER 6 OF THE CODE OF 4 ORDINANCES PERTAINING TO ANIMAL SERVICES 5 GENERAL PROVISIONS, DOGS, AND CATS; DECLARING AN 6 EMERGENCY; AND FOR OTHER PURPOSES. 7 8 WHEREAS, the Little Rock Board of Directors adopted Little Rock Resolution 9 No. 10,906 establishing the Animal Services Advisory Board for the purpose of 10 reviewing Animal Services operations and ordinances and recommending changes, and 11 WHEREAS, in response to this directive, the Animal Services Advisory Board 12 has carefully considered the existing Animal Services Code and the changes proposed 13 by the Animal Services Task Force, and 14 WHEREAS, based on this study and review, the Animal Services Advisory 15 Board has recommended that the maximum number of dog and cats allowed per 16 household within the Little Rock city limits be amended to a maximum of four dogs 17 and four cats 18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS 19 OF THE CITY OF LITTLE ROCK, ARKANSAS: 20 Section 1. Little Rock, Ark., Rev. Code § 6 -43 is hereby amended to read as 21 follows: 22 Section 6 -43. Maximum Number. 23 (a) Dogs. Except as set forth in subsection (b), it shall be unlawful for any person 24 or household to own, keep, or harbor more than four (4) dogs. 25 (1) Exceptions. Subsection (a) of this section does not apply to: [PAGE 1 OF 4] Ordinance Amend Chapter 6 of Code Pertaining to Animals 2 3 4 5 6 7 8 9 Iff 11 12 13 14 15 16 17 IF:l 19 20 21 22 23 24 25 26 1�] 0 (A) The normal place of business for animal hospitals or veterinary clinics; (B) Dog breeders or dog kennels, if the operator of the breeding or kennel facility holds a Little Rock privilege license for the dog breeding or kennel business; (C) Specific dogs kept or harbored at the owner's residence pursuant to an over -limit permit issued by the Animal Services Division where: (i) The dog owner submits an application for over -limit permit to the Animal Services Division on a form to be approved by the Animal Services Division Manager; (ii) The dog owner submits to an on -site inspection and provides proof of current rabies vaccination and city license for each dog identified in the over -limit permit application; and (iii) The dog owner has no record of dangerous dog designations and no record of convictions for Little Rock Animal Code violations for running at large or failure to vaccinate or license, or for animal cruelty, abuse, or neglect. Any conviction that is overturned by a court of competent jurisdiction shall not be counted for purposes of this subsection. (2) Revocation of Over -Limit Permit. An over -limit permit shall be revoked if the dog owner is subsequently convicted for any Little Rock Animal Code violation, provided that a conviction that is overturned by a court of competent jurisdiction shall not serve as the basis for revocation of an over -limit permit. (b) Cats. Except as provided in subsection (b), it shall be unlawful for any person or household to own, keep, or harbor more than four (4) cats. (1) Exceptions. Subsection (a) of this section does not apply to: [PAGE 2 OF 4] Ordinance Amend Chapter 6 of Code Pertaining to Animals 0 0 1 (A) The normal place of business for animal hospitals or veterinary clinics; 2 (B) Cat breeders or catteries, if the operator of the breeding or cattery 3 facility holds a Little Rock privilege license for the cat breeding or 4 cattery business; 5 (C) Specific cats kept or harbored at the owner's residence pursuant to an 6 over -limit permit issued by the Animal Services Division where: 7 (i) The cat owner submits an application for over -limit permit to the 8 Animal Services Division on a form to be approved by the Animal 9 Services Division Manager; 10 (ii) The cat owner submits to an on -site inspection and provides proof 11 of current rabies vaccination and city license for each cat identified in 12 the over -limit permit application; and 13 (iii) The cat owner has no record of convictions for Little Rock Animal 14 Code violations for failure to vaccinate or license, or for animal 15 cruelty, abuse or neglect. Any conviction that is overturned by a 16 court of competent jurisdiction shall not be counted for purposes of 17 this subsection. 18 (2) Revocation of Over -Limit Permit. An over -limit permit shall be revoked if 19 the cat owner is subsequently convicted for any Little Rock Animal Code 20 violation, provided that a conviction that is overturned by a court of 21 competent jurisdiction shall not serve as the basis for revocation of an 22 over -limit permit. 23 Section 2. Severability. In the event any title, section, paragraph, item, 24 sentence, phrase or word of this ordinance is declared or adjudged to be invalid or 25 unconstitutional, such declaration or adjudication shall not affect the remaining 26 portions of the ordinance which shall remain in full force and effect as if the portion [PAGE 3 OF 4] Ordinance Amend Chapter 6 of Code Pertaining to Animals 0 1 so declared or adjudged invalid or unconstitutional was not originally a part of the 2 ordinance. 3 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, 4 that are inconsistent with the provisions of this Ordinance are hereby repealed to 5 the extent of such inconsistency. All other provisions of Chapter 6 of the Code of 6 Ordinances not in conflict herewith shall remain in full force and effect. 7 Section 4. Emergency. The ability to establish guidelines by which 8 households may keep more than four dogs or four cats is essential to the public 9 health, safety and welfare, and therefore, and emergency is declared to exist and 10 this ordinance shall be in full force and effect from and after the date of its passage. 11 PASSED: September 16, 2003 12 13 ATTEST: 14 15 16 Nancy Wood, City Clerk 17 18 APPROVED AS TO LEGAL FORM: 19 21 Thomas M. Carpenter, City Attorney 22 23 24 25 26 27 // // // // APPROVED: [PAGE 4 OF 4] Dailey, Mayor Ordinance Amend Chapter 6 of Code Pertaining to Animals