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18959I 2 ORDINANCE NO. 18,959 3 AN ORDINANCE TO AMEND CHAPTER 6 OF THE CODE OF 4 ORDINANCES PERTAINING TO ANIMAL SERVICES 5 GENERAL PROVISIONS, DOGS, AND CATS. 6 7 WHEREAS, the Little Rock Board of Directors adopted Little Rock Resolution 8 No. 10,906 establishing the Animal Services Advisory Board for the purpose of 9 reviewing Animal Services operations and ordinances and recommending changes, and 10 WHEREAS, in response to this directive, the Animal Services Advisory Board 11 has carefully considered the existing Animal Services Code and the changes proposed 12 by the Animal Services Task Force, and 13 WHEREAS, based on this study and review, the Animal Services Advisory 14 Board has recommended dividing the Animal Services Code into eight Articles entitled 15 "Article 1. General Provisions," "Article 2. Dogs," "Article 3. Cats," "Article 4. 16 Impoundment /Reclamation," "Article 5. Adoption," "Article 6. Livestock," "Article 7. 17 Prohibited Animals," and "Article 8. Animal Businesses" for purposes of gradual 18 revision and reorganization, and 19 WHEREAS, in furtherance of this gradual revision process, the Animal Services 20 Advisory Board has requested that the Little Rock Board of Directors adopt proposed 21 amendments to certain provisions of the Animal Services Code for the purpose of 22 amending Article 1 "General Provisions" and for the purpose of creating a new Article 2 23 entitled "Dogs," a new Article 3 entitled "Cats," and a new Article 4 entitled 24 "Miscellaneous Provisions," and 25 WHEREAS, the Board of Directors supports the Animal Services Advisory 26 Board's approach to Animal Services Code reorganization and review. [PAGE 1 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS 2 OF THE CITY OF LITTLE ROCK, ARKANSAS: 3 Section 1. Little Rock, Ark., Rev. Code § 6 -12, § 6 -21, §§ 6 -42 through 6 -46.1, and 4 § 6 -48 are hereby repealed. 5 Section 2. Little Rock, Ark., Rev. Code § 6 -1 is hereby amended to add the 6 following definitions: 7 "Abandon means relinquishing custody of an animal without making alternative 8 arrangements for its care and protection, or leaving an animal confined without 9 providing water or minimum nutrition as required under this chapter." 10 "Emergency Communications means the City of Little Rock Office of Emergency 11 Services, which serves as the 911 public safety answering point on a continuing 12 basis." 13 "Sterilize means the surgical alteration of an animal through spaying or neutering 14 so that it is incapable of reproduction." 15 Section 3. Little Rock, Ark., Rev. Code Article I is hereby amended by adding a 16 new § 6 -8 entitled "Rabies Control" as follows: 17 "(a) Animal Bites. 18 (1) When any animal has bitten a person, that person or anyone having 19 knowledge of such incident shall immediately notify Little Rock 20 Emergency Communications or the Little Rock Animal Services Division. 21 (2) The animal shall be quarantined at the expense of the owner for a period of 22 ten (10) days from the date of the bite, at a veterinary facility in Pulaski 23 County under the care and custody of an Arkansas licensed veterinarian. 24 (3) As an alternative to quarantine of the animal, the owner may relinquish 25 the animal to Animal Services Division to be euthanized for pathological 26 examination. [PAGE 2 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I (b) Rabies Vaccinations. No person shall own, keep, harbor, or have control over 2 any dog or cat over the age of five (5) months unless the animal has been 3 vaccinated with antirabies vaccine by a licensed veterinarian in accordance 4 with state law. 5 (c) Annual License Fee and Tags for Individual Dogs and Cats. 6 (1) It shall be unlawful for any person to own or possess a dog or cat within 7 the City without first having paid to the City an annual license fee as 8 follows: 9 (A) For a sterilized animal, or an unsterilized animal too elderly or infirm 10 to breed, certified as such in writing by a veterinarian licensed to 11 practice in the state at the time of licensing of the animal, seven dollars 12 and fifty cents ($7.50) each on all dogs and cats five (5) months of age 13 or over; 14 (B) For an unsterilized animal not within the exception in subsection (A) 15 above, thirty dollars ($30.00) each on all dogs and cats five (5) months 16 of age or over. 17 (2) The license fee shall be due and payable upon the dog or cat attaining five 18 (5) months of age and at the same time as the dog or cat receives a rabies 19 vaccination as required by this section. In addition to receipt of a license, 20 the owner shall also be provided with a document that shows proof of a 21 rabies vaccination. 22 (3) Upon request by the Division of Animal Services, its designees, or an 23 animal services officer, the owner or person having control of the dog or 24 cat must provide a copy of the rabies vaccination registration form for 25 dogs and cats as proof of the license and tag. The owner or person having [PAGE 3 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals I control of any dog or cat which is unvaccinated shall, upon proper 2 request, provide proof of the age of each dog or cat which is unvaccinated. 3 (4) Upon payment of the fee, it shall be the duty of the City or its designee to 4 furnish the owner of the dog or cat with a metal license tag of distinctive 5 design with the serial number of the dog or cat. This serial number will be 6 kept on file in the Animal Services Division. 7 (5) Every dog or cat covered by this section must have and wear a collar or 8 harness with a current license tag firmly attached. The tag, when issued, 9 shall at all times be securely attached to the dog's or cat's collar or harness, 10 and failure to keep such tag on the dog's or cat's collar or harness shall be 11 unlawful. 12 (6) Any untagged dog or cat found running at large shall be considered as a 13 stray or as an unowned animal for the purpose of enforcement of this 14 chapter and shall become the property of the City of Little Rock. 15 (7) The license required by this subsection shall be effective for the year 16 ensuring its issuance and must be renewed in each subsequent year during 17 the same month it was originally issued. 18 (8) Owners of guide dogs or service dogs, such dogs being used to aid the 19 blind or disabled, and owners of police dogs, such dogs being used 20 regularly for law enforcement purposes, are not required to pay an annual 21 city license fee as required by this subsection at the time the dog receives a 22 rabies vaccination, although such owners shall have their dogs vaccinated 23 for rabies and shall provide records of such vaccination upon request of an 24 animal services officer. 25 (9) The City will furnish registration forms and tags to all veterinarians who 26 shall register dogs and cats kept within the city limits. Each veterinarian [PAGE 4 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals 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 shall remit to the City all monies collected for licenses at the end of each month with one (1) copy of each completed registration form. (10) Any licensed veterinarian may, in addition to the annual license fee, impose a handling charge of up to one dollar ($1.00) for the collection of the annual license fee." Section 4. To accommodate gradual revision and reorganization of Little Rock, Ark., Rev. Code Chapter 6, the following sections shall be moved from the existing Articles II and III and grouped under a new Article IV entitled "Miscellaneous Provisions" as code sections 6 -41 through 6 -50. 6 -13. Hogs Prohibited 6 -14. Keeping of Prohibited Animals 6 -15. Keeping of Livestock 6 -16. Keeping of Small Animals and Fowl; Locations of Pens, etc. 6 -17. Feed Stores and Poultry Houses; Keeping of Poultry and Animals. 6 -18. Kennels. 6 -19. Pet Shops. 6 -20. Livestock of Fowl Running at Large Prohibited. 6 -51. Release of Unaltered (unsterilized) Animals. 6 -52. Impoundment, Redemption, etc. of Dogs. Section 5. Little Rock, Ark., Rev. Code Chapter 6 is hereby amended to create a new Article 2 entitled "Dogs" as follows: Section 6 -14. Definitions. Attack means aggressive behavior by an animal that involves repeatedly biting or shaking its victim. Cable Run means a metal cable that is mounted aboveground at a designated height to two stationary objects for the purpose of attaching a pulley system that [PAGE 5 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I moves from one end of the cable to the other and to which a dog is tied or 2 secured by means of a rope, chain, or cable attached to the dog's collar or 3 harness. 4 Dangerous Dog means a dog that has been designated as dangerous pursuant to 5 the standards and administrative procedures identified in this Chapter or that 6 has been designated as dangerous or vicious pursuant to similar standards and 7 procedures in another jurisdiction. 8 Direct Point Chaining means attaching an animal directly to a stationary object by 9 means of a rope, chain, or cable attached to the dog's collar or harness but does 10 not include temporary restraint of a dog for purposes of vehicular transport. 11 Electronic Containment Device means a transmitter /receiver system for the 12 confinement of dogs which consists of (1) a boundary wire that emits a radio 13 signal, and (2) a battery operated electronic device on the dog's collar which 14 receives the radio signal and emits an audible warning beep and a corrective 15 electrical stimulus as the dog approaches the wire. 16 Privilege License means the city license that is required to carry on a business, 17 profession or occupation within the city. 18 Provocation means causing a dog to bite or attack by: 19 a. any intentional or accidental act of pulling, pinching, squeezing, kicking, 20 hitting or striking the dog with an object or a part of a person's body, unless 21 the person is responding to an attack or an immediate threat of attack by 22 the dog as indicated by the dog's lunging, snarling or baring of its teeth; 23 b. any sudden motion toward the dog or any attempt or threat to kick, hit or 24 strike the dog with an object or part of a person's body, unless the person is 25 responding to an attack or an immediate threat of attack by the dog as 26 indicated by the dog's lunging, snarling, or baring of its teeth; [PAGE 6 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I c. any act of teasing or tormenting the dog; 2 d. any act of grabbing, touching or holding of the dog's young or any sudden 3 motion toward the dog's young; 4 e. any act of holding, kicking, hitting, striking, or otherwise physically 5 harming the dog's owner or other member of the dog owner's household; 6 f. entry into the dog's area of confinement without the owner's presence, 7 provided that this definition does not apply if the dog is confined in a 8 particular manner for the purpose of causing provocation to prevent legal 9 access to the premises in violation of this Article; or 10 g. any act of breaking and entering, or other unlawful entry, into the dog 11 owner's residence, vehicle, or other property. 12 13 Swivel means pivoting hardware that can be used in a trolley system to attach a 14 cable run to a tether or a tether to a dog's collar or harness in order to minimize 15 twisting and tangling of the tether. 16 Tether means a rope, chain, or cable that is attached to a dog's collar or harness 17 for purposes of restraining the dog. 18 Trolley System means a method of restraining a dog which utilizes a cable run, 19 swivel and tether attached to a dog's collar or harness. 20 Vicious Dog means a dog that has been designated as vicious pursuant to the 21 standards and administrative procedures identified in this Chapter or that has 22 been designated as dangerous or vicious pursuant to similar standards and 23 procedures in another jurisdiction. 24 Section 6 -15. Maximum Number. 25 (a) Maximum Number. Except as set forth in subsection (b), it shall be unlawful 26 for any person or household to own, keep, or harbor more than four (4) dogs. [PAGE 7 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals I (b) Exceptions. Subsection (a) of this section does not apply to: 2 (1) The normal place of business for animal hospitals or veterinary clinics; 3 (2) Dog breeders or dog kennels, if the operator of the breeding or kennel 4 facility holds a Little Rock privilege license for the dog breeding or kennel 5 business; 6 (3) Specific dogs kept or harbored at the owner's residence pursuant to an 7 over -limit permit issued by the Animal Services Division where: 8 A. The dog owner submits an application for over -limit permit to the 9 Animal Services Division on a form to be approved by the Animal 10 Services Division Manager; 11 B. The dog owner submits to an on -site inspection and provides proof of 12 current rabies vaccination and city license for each dog identified in the 13 over -limit permit application; and 14 C. The dog owner has no record of dangerous dog designations and no 15 record of convictions for Little Rock Animal Code violations for running 16 at large or failure to vaccinate or license, or for animal cruelty, abuse, or 17 neglect. Any conviction that is overturned by a court of competent 18 jurisdiction shall not be counted for purposes of this subsection. 19 (c) Revocation of Over -Limit Permit. An over -limit permit shall be revoked if the 20 dog owner is subsequently convicted for any Little Rock Animal Code 21 violation, provided that a conviction that is overturned by a court of 22 competent jurisdiction shall not serve as the basis for revocation of an over - 23 limit permit. 24 Section 6 -16. Confinement. 25 (a) General. Any person owning, possessing or keeping a dog shall keep the dog 26 securely confined behind a fence or otherwise restrained upon the person's [PAGE 8 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals I property by adequate means to prevent the dog's escape; or shall effectively 2 control the dog, whether on or off the person's property, by means of a leash 3 or other proper method of supervised restraint from which the dog cannot 4 escape. 5 (b) Dog Parks. Confinement of a dog in a fenced area designated by the Little 6 Rock Parks and Recreation Department as a "park dog run' shall be 7 considered adequate confinement under this section if the dog owner or 8 caretaker supervises the dog's activity and adheres to applicable parks rules 9 and regulations pursuant to Little Rock Ordinance No. 18,924. 10 (c) Confinement to Prevent Legal Access. Dogs shall not be confined in any manner 11 for the purpose of preventing legal access to public utility facilities or for the 12 purpose of causing the dog to be provoked by visitors in areas accessible to 13 and commonly used by visitors for legal access to the premises. 14 (d) Chaining. Direct point chaining, or tethering of dogs to a stationary object, is 15 prohibited. Dogs may be restrained by means of a trolley system, or a tether 16 attached to a pulley on a cable run, if the following conditions are met: 17 (1) Only one dog may be tethered to each cable run. 18 (2) The tether must be attached to a properly fitting collar or harness worn by 19 the dog, with enough room between the collar and the dog's throat 20 through which two fingers may fit. Choke collars and pinch collars are 21 prohibited for purposes of tethering a dog to a cable run. 22 (3) There must be a swivel on at least one end of the tether to minimize 23 tangling of the tether. 24 (4) The tether and cable run must be of adequate size and strength to 25 effectively restrain the dog. The size and weight of the tether must not be [PAGE 9 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I excessive, as determined by the Animal Services officer, considering the 2 age, size and health of the dog. 3 (5) The cable run must be at least ten (10) feet in length and mounted at least 4 four (4) feet and no more than seven (7) feet above ground level. 5 (6) The length of the tether from the cable run to the dog's collar should allow 6 access to the maximum available exercise area and should allow 7 continuous access to water and shelter. The trolley system must be of 8 appropriate configuration to confine the dog to the owner's property, to 9 prevent the tether from extending over an object or an edge that could 10 result in injury or strangulation of the dog, and to prevent the tether from 11 becoming entangled with other objects or animals. 12 (e) Electronic Containment Devices. An electronic containment device may be used 13 as a primary containment measure if signs stating "pet contained by 14 electronic device" or similar language using a trade name, are conspicuously 15 posted at the front and back of the enclosed area for purposes of public 16 notice. Such signs shall be a minimum of six (6) inches by eight (8) inches and 17 one (1) of the signs shall be visible from the roadway or entry to the premises. 18 The property owner is responsible for posting the signs in accordance with 19 the Little Rock sign ordinance, and the failure to post or maintain such signs 20 is a violation of this section. 21 ( Confinement During Transportation. 22 (1) When transporting a dog in an open -bed pickup or in any open -bed 23 vehicle, the dog shall be confined in a secured carrier or dog box that 24 provides the dog with adequate room to stand, turn around, and stretch 25 out without hindrance and provides adequate ventilation and protection 26 from environmental conditions. [PAGE 10 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals 1 (2) If a dog must be transported in an open -bed vehicle but is too large for a 2 carrier or dog box, the dog shall be restrained by a system of tethering to 3 the vehicle bed in a manner that reasonably restricts the dog to the center 4 of the bed in order to prevent the dog's escape and to minimize the dog's 5 access to the sides of the vehicle bed. 6 (3) It shall be unlawful for any person to place or confine or allow a dog to be 7 confined in such a manner that it must remain in a motor vehicle, trailer or 8 pet carrier under such conditions for such periods of time as may endanger 9 the health or well -being of the dog due to heat, lack of food or water, or 10 any circumstances which might cause suffering, disability, or death. 11 (g) Penalty, Failure to Confine. Conviction for failure to confine a dog in violation 12 of this section shall result in a fine as follows: 13 (1) For a sterilized dog: 14 (A) The first violation within a three -year period shall result in a twenty - 15 five dollar ($25.00) fine. 16 (B) The Second violation within a three -year period shall result in a 17 seventy -five dollar ($75.00) fine. 18 (C) The third and each subsequent violation within a three -year period 19 shall result in a one hundred dollar ($100.00) fine. 20 (2) For an unsterilized dog: 21 (A) The first violation within a three -year period shall result in a one 22 hundred dollar ($100.00) fine, unless by time of sentencing for the 23 violation, proof of sterilization of the animal has been produced, in 24 which case the fine structure applicable to sterilized dogs in subsection 25 (f)(1) herein shall apply. [PACE 11 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I (B) The second and each subsequent violation within a three -year period 2 shall result in a two hundred dollar ($200.00) fine, unless by time of 3 sentencing for the violation, proof of sterilzation of the animal has been 4 produced, in which case the fine structure applicable to sterilized dogs 5 in subsection (f)(1) herein shall apply. 6 (C) The fine structure applicable to sterilized dogs in subsection (f)(1) 7 herein shall also apply to unsterilized dogs too elderly or infirm to 8 breed, as previously certified in writing as such at the time of the dog's 9 licensing by a veterinarian licensed to practice within the state. 10 Section 6 -17. Minimum Care 11 (a) Shelter. 12 (1) Any dog that is habitually kept outside or repeatedly left outside 13 unattended by an adult person shall be provided with a structurally 14 sound, moisture -proof and windproof shelter large enough to keep the dog 15 reasonably clean and dry. 16 (2) A shelter which does not protect the dog from temperature extremes or 17 precipitation, or which does not provide adequate ventilation or drainage, 18 shall not comply with this section. 19 (3) A dog's shelter and bedding and other accessible space shall be maintained 20 in a manner which minimizes the risk of the dog contracting disease, being 21 injured or becoming infested with parasites. 22 (b) Nutrition. 23 (1) It shall be unlawful for any person keeping or harboring any dog to fail, 24 refuse or neglect to provide such dog with clean, fresh, potable water 25 adequate for the dog's size, age, and physical condition. This water supply [PAGE 12 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals 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 ON shall be either free flowing or provided in a removable receptacle that is weighted or secured to prevent tipping. (2) It shall be unlawful for any person keeping or harboring any dog to fail, refuse or neglect to provide such dog with wholesome foodstuff suitable for the dog's physical condition and age and in sufficient quantities to maintain an adequate level of nutrition for the dog. (c) Exercise. (1) The enclosure or confinement area for a dog shall encompass sufficient usable space to keep the animal in good condition. (2) When a dog is confined by means of a tether and cable run, the trolley system shall be configured to allow access to the maximum available exercise area. (3) When a dog is confined outside by means of an enclosure or an electronic containment device, the following minimum space requirements shall be met: Size of dog Pen size (1 dog) (for each additional dogj Extra large 48 sq.ft. 24 sq.ft. (over 26 inches at withers or over 75 lbs.) Large 40 sq.ft. 20 sq.ft. (over 20 inches and up to 26 inches at withers or not over 75 lbs.) Medium 32 sq.ft. 16 sq.ft. (over 12 inches and up to 20 inches at withers or not over 50 lbs.) Small 24 sq.ft. 12 sq.ft. (12 inches or less at withers or not over 20 lbs.) [PAGE 13 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals 1 (4) The minimum confinement area required by this section shall not apply 2 to commercial kennels or veterinary facilities. (See "Animal Businesses" 3 under this Chapter.) 4 Section 6 -18. Barking, Howling. 5 It shall be unlawful for any person to keep on his premises, or under his control, 6 any dog which by loud and frequent barking and howling shall disturb the 7 reasonable peace and quiet of any person. 8 Section 6 -19. Dangerous or Vicious Dog Designation. 9 (a) Dangerous Dogs. 10 (1) General. It shall be unlawful for any person to keep within the city limits 11 any dangerous dog, except in compliance with the provisions of this 12 section. 13 (2) Grounds for Dangerous Dog Designation. A dog is considered dangerous 14 for purposes of this section if: 15 (A) Without provocation, it attacks or bites a person engaged in a lawful 16 activity; 17 (B) While off the property of its owner and without provocation, it seriously 18 injures another domesticated animal; 19 (C) Without provocation while not on a leash and under the control of its 20 owner or custodian, it chases, confronts or approaches a person on a 21 street, sidewalk or other public property in a menacing fashion such as 22 would put a reasonable person in fear of attack; 23 (D) Acts in a manner which the owner knows, or reasonably should know, 24 is an indication that the dog is dangerous and is not merely being 25 protective in a particular set of circumstances; or [PAGE 14 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I (E) Has been declared dangerous, or has been given some other 2 designation, by another governmental body under circumstances that 3 would meet the grounds for dangerous dog designation under the 4 provisions of this ordinance. 5 (3) Impoundment Pending Declaration. Upon reasonable suspicion that a 6 dog is dangerous and poses a serious threat to public health or safety, the 7 Animal Services Division Manager, or appointed designee, may seek a 8 warrant to seize the dog for quarantine at a veterinary clinic or for 9 impoundment at the Animal Services Facility, pending the dangerous dog 10 declaration process. 11 (4) Dangerous Dog Designation. 12 (A) Designation. If the Animal Services Division manager has cause to 13 believe that a dog is dangerous, the division manager may find and 14 declare such dog a dangerous dog. 15 (B) Notice. Within three (3) days of declaring a dog dangerous, the Animal 16 Services Division manager shall give notice of the declaration and the 17 reasons for it in writing to the person who owns, keeps, or otherwise 18 maintains the dog. The notice shall inform the owner or custodian that 19 a permit is required to keep such dangerous dog within the city limits. 20 (C) Opportunity to Contest Designation. The notice shall also inform the 21 owner or custodian of the dog that a hearing to contest the declaration 22 shall be held before the City Manager, or appointed designee, if a 23 request for a hearing is submitted in writing to the Animal Services 24 Division manager within five (5) working days from receipt of the 25 notice of dangerous dog declaration. [PAGE 15 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals I (D) Status Pending Hearing. Once notice of dangerous dog designation has 2 been given, the dog shall be considered dangerous unless, and until 3 such time as, the declaration is overruled by the City Manager or 4 appointed designee. If a hearing is requested, the owner shall not be 5 required to obtain a dangerous dog permit unless, and until such time 6 as, the declaration is upheld by the City Manager or appointed 7 designee. 8 (E) Hearing. Hearings required pursuant to this subsection shall be held 9 no more than five (5) working days from the date of receipt of the 10 request. The City Manager, or appointed designee, shall act as the 11 appeal hearing officer and shall make his ruling on the basis of a 12 preponderance of the evidence presented at the hearing. The hearing 13 shall be an informal proceeding, and each party shall have the right to 14 call and examine witnesses, to introduce exhibits, to cross - examine 15 opposing witnesses on any matter relevant to the issues even though 16 that matter was not covered in the direct examination, to impeach any 17 witness regardless of which party first called the witness to testify, and 18 to rebut the evidence against the party. Either party may call the 19 owner /custodian as a witness. The decision of the hearing officer is 20 final. 21 (F) If the person owning, keeping, possessing or otherwise maintaining the 22 dog fails to request a hearing, or if the hearing officer determines that 23 the dangerous declaration stands, the owner or custodian shall comply 24 with the requirements of this Section in order to keep such dog within 25 the city limits. 26 [PAGE 16 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals 1 (5) Permit Required. 2 (A) A dangerous dog may be kept within the city limits only so long as the 3 owner or custodian complies with the requirements and conditions in 4 accordance with the dangerous dog permit. 5 (B) The owner or custodian shall pay an annual permit fee of one hundred 6 dollars ($100.00) for possession of a dangerous dog, in addition to all 7 other required fees. 8 (6) Conditions for Keeping a Dangerous Dog. The requirements and 9 conditions for keeping or maintaining a dangerous dog within the city 10 limits shall include: 11 (A) Confinement. All dangerous dogs shall be securely confined: 12 (i) Indoors; or 13 (ii) In an enclosed and locked pen or physical structure upon the 14 premises of the owner. The pen or physical structure must have 15 minimum dimensions of five (5) feet by ten (10) feet and must have 16 secure sides and a secure top attached to the sides. If no bottom is 17 secured to the sides, the sides must be embedded into the ground no 18 less than two (2) feet. The pen or physical structure must be capable 19 of preventing the entry of the general public, including children, and 20 must be capable of preventing the escape or release of the dog. 21 Electronic containment devices shall not be used to confine 22 dangerous dogs. 23 (B) Minimum Care. All shelter and minimum care standards required by 24 this Chapter shall apply to dangerous dog confinement. 25 (C) Leash and Muzzle. The owner of a dangerous dog shall not allow the 26 dog to go outside of its kennel, pen or physical structure unless the dog [PAGE 17 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I is muzzled, restrained by a chain or leash sufficient to control the dog, 2 and under the physical control of an adult. The muzzle must not cause 3 injury to the dog or interfere with its vision or respiration, but must 4 prevent the dog from biting any human or animal. 5 (D) Signs. The owner of a dangerous dog shall provide public notice of the 6 dog's presence on the premises by displaying a warning sign provided 7 by the Animal Services Division. The sign shall be placed in a 8 prominent place on the owner's property, clearly visible from the 9 public highway or thoroughfare. Similar signs shall be posted on the 10 dog's kennel, pen or enclosed structure. 11 (E) Photograph Identification. Within ten (10) days of the declaration of a 12 dog as dangerous, the owner or custodian shall provide the Animal 13 Services Division manager with two (2) digital quality color 14 photographs of such dog, clearly showing the color and approximate 15 size of the animal, or shall make the dog available for photographing 16 by the Animal Services Division. 17 (F) Change of Status. The owner or custodian of a dangerous dog shall 18 notify the Animal Services Division immediately if the dog is 19 unconfined and on the loose, or has attacked a human or a domestic 20 animal. 21 (G) Change of Ownership. If the owner of a dangerous dog sells, gives 22 away, or otherwise transfers custody of the dog, the owner shall, within 23 five (5) calendar days, provide the Animal Services Division with the 24 name, address, and telephone number of the new owner or custodian if 25 the new owner resides within the city limits. The previous owner shall [PAGE 18 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I notify the new owner of the dog's designation as a dangerous dog and 2 of the requirements and conditions for keeping a dangerous dog. 3 (7) Failure to Comply. It shall be unlawful for the owner or custodian of a 4 dangerous dog to fail to comply with the requirements and conditions set 5 forth in this section. Any dog found to be kept in violation of this section 6 shall be subject to seizure and impoundment. In addition, failure to 7 comply shall result in the revocation of the dangerous dog permit for such 8 dog. In the event of permit revocation, the owner or custodian shall 9 remove such dog from the city limits within twenty four (24) hours of 10 receipt of the notice of revocation, or the dog shall be humanely destroyed. 11 (b) Vicious Dogs. 12 (1) General. It shall be unlawful for any person to keep within the city limits 13 any vicious dog. 14 (2) Grounds for Vicious Dog Designation. A dog is considered vicious for 15 purposes of this section if it: 16 (A) Causes death or serious physical injury to a person engaged in a lawful 17 activity; 18 (B) On two (2) or more occasions, attacks or bites without provocation a 19 person engaged in a lawful activity; 20 (C) On more than one (1) occasion, while off the property of its owner and 21 without provocation, seriously injures another domesticated animal; 22 (D) Without provocation, kills a domesticated animal; 23 (E) Trains for dog fighting or is owned or kept for the purpose of dog 24 fighting; or 25 (F) Has been declared vicious, or has been given some other designation, by 26 another governmental body under circumstances that would meet the [PAGE 19 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals I grounds for vicious dog designation under the provisions of this 2 ordinance. 3 (3) Impoundment Pending Declaration. Upon reasonable suspicion that a dog 4 is vicious and poses a serious threat to public health or safety, the Animal 5 Services Division Manager, or appointed designee, may seek a warrant to 6 seize the dog for quarantine at a veterinary clinic or for impoundment at 7 the Animal Services Facility, pending the vicious dog declaration process. 8 (4) Declaration of a Vicious Dog. 9 (A) Notice to Owner. In instances where the dog is declared vicious, the 10 Division of Animal Control shall, within forty -eight (48) hours, notify 11 the owner of the dog in writing posted at the owner's or custodian's 12 last known address, that the dog has been determined to be a vicious 13 animal, the reasons for the declaration and, if applicable, that the dog 14 has been quarantined or impounded by Animal Services. The owner 15 shall have five (5) days from delivery of the notice to contact the 16 Division of Animal Services and comply with the ordinance by 17 removing the dog from the city limits or by having the dog euthanized. 18 (B) Opportunity to Contest Vicious Designation. The notice shall also 19 inform the owner or custodian of the dog that a hearing to contest the 20 declaration shall be held before the City Manager, or appointed 21 designee, if a request for a hearing is submitted in writing to the 22 Animal Services Division manager within five (5) working days from 23 receipt of the notice of vicious dog declaration. 24 (C) Status Pending Hearing. Once notice of vicious dog designation has 25 been given, the dog shall be considered vicious unless, and until such [PAGE 20 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals I time as, the declaration is overruled by the City Manager or appointed 2 designee. 3 (D) Hearings. Hearings required pursuant to this subsection shall be held 4 no more than five (5) working days from the date of receipt of the 5 request. The City Manager, or appointed designee, shall act as the 6 appeal hearing officer and shall make his ruling on the basis of a 7 preponderance of the evidence presented at the hearing. The hearing 8 shall be an. informal proceeding, and each party shall have the right to 9 call and examine witnesses, to introduce exhibits, to cross - examine 10 opposing witnesses on any matter relevant to the issues even though 11 that matter was not covered in the direct examination, to impeach any 12 witness regardless of which party first called the witness to testify, and 13 to rebut the evidence against the party. Either party may examine the 14 owner /custodian. The decision of the hearing officer is final. 15 (E) Change of Status. The owner or custodian of a vicious dog shall notify 16 the division of animal control immediately if the dog is unconfined and 17 on the loose, or has attacked a human or a domestic animal. 18 (F) Failure to Comply. If the person owning, keeping, possessing or 19 otherwise maintaining the dog fails to request a hearing, or if the 20 hearing officer determines that the vicious declaration stands, the 21 owner or custodian shall comply with the ordinance by removing the 22 dog from the city limits or by having the dog euthanized. If the dog 23 owner/custodian does not comply with the ordinance, the Animal 24 Services Division Manager, or appointed designee, may seek a court 25 order to impound the dog, if necessary, and may have such dog 26 euthanized. [PAGE 21 OF 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals I (c) Exemptions. Dogs that are used regularly for law enforcement purposes shall 2 not be subject to this Section, but shall be confined and maintained in 3 accordance the law enforcement agency's General Orders. 4 Section 6 -20 through 6 -25. Reserved. 5 Section 6. Little Rock, Ark., Rev. Code Chapter 6 is hereby amended to 6 create a new Article 3 entitled "Cats" as follows: 7 Section 6 -26: Maximum Number 8 (a) Maximum Number. Except as provided in subsection (b), it shall be unlawful 9 for any person or household to own, keep, or harbor more than four (4) cats. 10 (b) Exceptions. Subsection (a) of this section does not apply to: 11 (1) The normal place of business for animal hospitals or veterinary clinics; 12 (2) Cat breeders or catteries, if the operator of the breeding or cattery facility 13 holds a Little Rock privilege license for the cat breeding or cattery 14 business; 15 (3) Specific cats kept or harbored at the owner's residence pursuant to an over - 16 limit permit issued by the Animal Services Division where: 17 A. The cat owner submits an application for over -limit permit to the Animal 18 Services Division on a form to be approved by the Animal Services 19 Division Manager; 20 B. The cat owner submits to an on -site inspection and provides proof of 21 current rabies vaccination and city license for each cat identified in the 22 over -limit permit application; and 23 C. The cat owner has no record of convictions for Little Rock Animal Code 24 violations for failure to vaccinate or license, or for animal cruelty, abuse 25 or neglect. Any conviction that is overturned by a court of competent 26 jurisdiction shall not be counted for purposes of this subsection. [PAGE 22 of 23] Ordinance Amend Chapter 6 of Code Pertaining to Animals 1 (c) Revocation of Over -Limit Permit. An over -limit permit shall be revoked if the 2 cat owner is subsequently convicted for any Little Rock Animal Code 3 violation, provided that a conviction that is overturned by a court of 4 competent jurisdiction shall not serve as the basis for revocation of an over - 5 limit permit. 6 Section 6 -27 through 6 -40. Reserved. 7 Section 7. Severability. In the event any title, section, paragraph, item, 8 sentence, phrase or word of this ordinance is declared or adjudged to be invalid or 9 unconstitutional, such declaration or adjudication shall not affect the remaining 10 portions of the ordinance which shall remain in full force and effect as if the portion 11 so declared or adjudged invalid or unconstitutional was not originally a part of the 12 ordinance. 13 Section 8. Repealer. All laws, ordinances, resolutions, or parts of the same, 14 that are inconsistent with the provisions of this Ordinance are hereby repealed to 15 the extent of such inconsistency. All other provisions of Chapter 6 of the Code of 16 Ordinances not in conflict herewith shall remain in full force and effect. 17 PASSED: OCTOBER 7, 2003 19 ATTEST: 20 21 22 Natcy Wobd, City Clerk 23 APPROVED: qM,4 Ji4jailey, Mayor 24 APPROVED AS TO LEGAL FORM: 25 27 Thomas M. Carpenter, City ttorney [PAGE 23 OF 231 Ordinance Amend Chapter 6 of Code Pertaining to Animals