199251 ORDINANCE NO. 19,925
2
3 AN ORDINANCE TO AMEND CHAPTER 6 OF THE CODE OF ORDINANCES
4 PERTAINING TO DOGS; TO CREATE THE CLASSIFICATION OF A POTENTIALLY
5 DANGEROUS BREED; TO INCLUDE PIT BULLS WITHIN THIS NEW
6 CLASSIFICATION; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
7
8 WHEREAS, in response to citizen concerns about a growing population of Pit Bull type dogs within
9 the City of Little Rock and related public safety issues, the Little Rock Animal Services Advisory Board
10 held two limited -forum public hearings on proposed legislation to ban such breeds from the City, and
11 WHEREAS, in response to comments made at these public hearings, the Mayor's Special Committee
12 on Pit Bull Legislation voted to recommend that the Little Rock Board of Directors adopt breed - specific
13 regulations as opposed to a breed - specific ban, and
14 WHEREAS, the Animal Services Advisory Board reviewed the breed - specific regulations
15 recommended by the Special Committee on Pit Bull Legislation and submitted both the Committee's
16 recommendations and several independent recommendations for consideration by the Little Rock Board
17 of Directors, and
18 WHEREAS, as an exercise of its police powers, in order to protect the citizens of Little Rock, the
19 Little Rock Board of Directors has decided that action must be taken to deal with potentially dangerous
20 breeds, and
21 WHEREAS, the Little Rock Board of Directors supports the adoption of breed - specific regulations.
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
23 ROCK, ARKANSAS:
24 Section 1. Little Rock, Ark., Rev. Code, Article XI, is hereby amended to add the following as
25 Section 6.20:
26 Sec. 6 -20. Potentially Dangerous Breeds.
27 (a) General.
28 (1) There shall be a recognized category of dogs designated as Potentially Dangerous Breed.
29 (2) Beginning on the 915L day after passage of this ordinance, it shall be unlawful for any person to
30 keep within the city limits any Potentially Dangerous Breed, except in compliance with the
31 provisions of this section.
32 (3) A Potentially Dangerous Breed shall include the following:
33 (i) A Pit Bull, which is defined as any dog that is an American Pit Bull Terrier, a Staffordshire
34 Terrier, or American Staffordshire Terrier, and any dog of mixed breeding that has the
35 primary characteristics of an American Pit Bull Terrier, a Staffordshire Terrier, or an
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ORDINANCE
To amend Code of Ordinances pertaining to dogs
1 American Staffordshire Terrier. The American Kennel Club and United Kennel Club
2 standards for the above breeds shall be on file for viewing at the City's animal shelter.
3 (ii) Any other breed that is so declared by ordinance.
4 (4) For purposes of this section an "Owner" is defined as any person who owns, keeps, exercises
5 control over, maintains, or harbors a Potentially Dangerous Breed.
6 (5) Notwithstanding the special provisions set forth below as to keeping a Potentially Dangerous
7 Breed within the city limits:
8 (i) Any such animal is also subject to the provisions for designation as a dangerous dog or as a
9 vicious dog.
10 (ii) Any such animal declared to be a vicious dog shall be euthanized once process to declare
11 the animal a vicious dog has been completed.
12 (iii) The City's Animal Services Division may temporarily harbor and transport any Potentially
13 Dangerous Breed for purposes of enforcing the provisions of this section.
14 (iv) An Owner may transport into and temporarily hold in the city limits a Potentially Dangerous
15 Breed for the purpose of transporting the dog to a veterinarian or groomer for care, or to
16 participate in a contest or show sponsored by the American Kennel Club or the United
17 Kennel Club.
18 (b) Permit Required.
19 (1) Permit. A Potentially Dangerous Breed may be kept within the city limits only so long as the
20 registered owner or custodian complies with the requirements and conditions of the Potentially
21 Dangerous Breed permit.
22 (2) Permit Fee. The owner or custodian shall pay an annual permit fee established by the City
23 Manager, in addition to all other required fees, for each year that a Potentially Dangerous
24 Breed is kept within the city limits.
25 (c) Registration Requirements. The Owner of any Potentially Dangerous Breed shall be allowed to
26 keep such dog within the Little Rock city limits only if the Owner registers the dog with the City's
27 Animal Services Division on an annual basis and obtains a Potentially Dangerous Breed permit and a
28 window sticker with each annual registration. As a condition of registration, the Owner shall at the
29 time of application provide sufficient evidence that the Owner is in compliance with all of the
30 following requirements:
31 (1) Rabies Vaccination. The dog must be vaccinated against rabies by a licensed veterinarian on an
32 annual basis.
33 (2) Current City License. The Owner must purchase an annual city license for the dog, and the dog
34 must wear the city license tag on its collar at all times.
35 (3) Microchip. The dog must be identified by means of a microchip that is injected under its skin
36 by a licensed veterinarian and maintained as long as the animal is kept within the city limits.
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ORDINANCE
To amend Code of Ordinances pertaining to dogs
1 (4) Photo. The Owner must bring their Potentially Dangerous Breed to the City animal shelter to
2 have its photo taken with the Owner.
3 (5) Sterilized. The Owner must provide documentary proof from a licensed veterinarian that their
4 dog has been spayed or neutered. This requirement shall not apply if:
5 (i) Animal Services receives a letter from the Owner's veterinarian, to be confirmed by the
6 Animal Services veterinarian, stating that the dog is physically unable to reproduce or that
7 the dog is medically compromised to the extent that it cannot be safely sterilized;
8 (ii) The Potentially Dangerous Breed is a registered AKC or UKC show dog with points or with
9 documentation of training for show purposes, if the Owner purchases an annual Show Dog
10 Permit for a fee established by the City Manager; or
11 (iii) The dog is a registered AKC or UKC dog with points, and the Owner purchases an annual
12 Breeder's Permit for a fee established by the City with the restriction that the dog shall be
13 allowed to produce or sire no more than one litter per calendar year beginning on January
14 1 and ending on December 31. For any additional litter produced in any calendar year,
15 there shall be a fine, in addition to any other fine, of five hundred dollars ($500.00) against
16 both the sire and the bitch, and two hundred and fifty dollars ($250.00) for each live pup.
17 (d) Permit Conditions.
18 (1) Place of Confinement. A Potentially Dangerous Breed must reside at the Owner's residence or
19 place of business.
20 (2) Window Sticker. An annual window sticker, provided at the time of registration, must be
21 posted on the Owner's property, visible from the street to indicate that a Potentially
22 Dangerous Breed resides on the property.
23 (3) Confinement. A Potentially Dangerous dog shall be confined indoors or by means of a fence
24 that is of adequate height and construction to prevent the dog's escape. Potentially Dangerous
25 dogs shall not be confined by means of an electronic containment device, or invisible fence.
26 When outside of an area of confinement, a Potentially Dangerous Breed must be restrained by
27 means of a secure leash held by an adult who has the ability to control the dog.
28 (4) No Transfer of Permit. A Potentially Dangerous Breed permit shall not transfer to a new Owner
29 residing in the city limits. The new Owner must meet all registration requirements within ten
30 (10) days of acquiring the dog.
31 (5) Relocation Reported. The Owner of a Potentially Dangerous Breed may relocate the dog to the
32 Owner's new Little Rock residence or place of business if the Owner contacts Animal Services
33 prior to the relocation in order to report the new address and obtain a new window sticker.
34 The new window sticker must be posted at the new residence or place of business within 30
35 days of the move.
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ORDINANCE
To amend Code of Ordinances pertaining to dogs
1 (6) Maximum Number. The number of Potentially Dangerous Breed dogs kept, maintained or
2 harbored at one residence shall not exceed two (2).
3 (e) Breed Designation Appeals. The Owner of a dog that has been identified as a Potentially
4 Dangerous Breed under this section shall have the right to an administrative appeal of the breed
5 designation by submitting a request for a hearing to the Animal Services Division Manager in writing
6 within five (5) days of the Division Manager's designation of the Owner's dog as a Potentially
7 Dangerous Breed. A hearing to consider disputes and to view the dog's physical characteristics and
8 pedigree shall be conducted by a committee appointed by the City Manager and comprised of at
9 least the Animal Services veterinarian, a member of the Animal Services Advisory Board and a Little
10 Rock citizen. The committee shall make a final determination of the dog's breed or predominant
11 breed characteristics. If the committee determines that the dog is a Potentially Dangerous Breed,
12 as defined by this section, the Owner shall have ten (10) days to meet all registration requirements
13 and to comply with all permit conditions.
14 (f) Compliance Period. Within ten (10) days after acquiring a Potentially Dangerous Breed, or after
15 moving to the City of Little Rock with a Potentially Dangerous Breed, or after a Potentially
16 Dangerous Breed designation has been affirmed on appeal, or after non - compliance under this
17 section has been brought to the attention of Animal Services, the Owner of a Potentially Dangerous
18 Breed must register their dog and comply with all Potentially Dangerous Breed regulations.
19 (g) Enforcement.
20 (1) Dangerous Breed Regulation Violations. Failure to comply with any Potentially Dangerous Breed
21 registration requirement or permit condition within the allotted ten (10) day time period shall
22 constitute a violation of this Chapter and may result in the issuance of a citation and a warrant
23 to seize the Owner's dog if it is not removed from the city limits pending adjudication of the
24 citation.
25 (2) Non - Cruelty Violations. A Permit to keep a Potentially Dangerous Breed within the City may be
26 revoked by the Animal Services Division upon the Owner's second conviction for violation of the
27 City's non - cruelty animal code provisions. If the permit is revoked, a warrant to seize the
28 Potentially Dangerous Breed may be served on the Owner if the dog is not removed from the
29 city limits.
30 (3) Cruelty Violations. Upon conviction for any animal cruelty charge, the Owner of a Potentially
31 Dangerous Breed shall lose their Potentially Dangerous Breed Permit(s) and shall lose their right
32 to register any Potentially Dangerous Breed within the City of Little Rock for a period of ten
33 (10) years. A warrant may be obtained to seize the Owner's Potentially Dangerous Breed dog(s)
34 pending adjudication of the cruelty violation citation. Upon conviction for animal cruelty and
35 revocation of the Potentially Dangerous Breed Permit, the Owner's Potentially Dangerous Breed
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ORDINANCE
To amend Code of Ordinances pertaining to dogs
1 dog(s) must be removed from the city limits or surrendered to the Little Rock Animal Services
2 Division.
3 Section 2. Authority to Euthanize Potentially Dangerous Breed declared to be a Vicious
4 Animal. Notwithstanding any provision of this Code of Ordinances, if a Potentially Dangerous Breed is
5 declared to be a vicious animal pursuant to the provisions of 5 6 -19 (b), the dog shall be euthanized
6 within seventy -two (72) hours of the final vicious dog declaration.
7 Section 3. Reserved. Little Rock, Ark., Rev. Code 35 6 -21 through 6 -25 are hereby reserved.
8 Section 4. Severability. In the event any portion of this ordinance is declared or adjudged to be
9 invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of
10 this ordinance, which shall remain in full force and effect as if the portion so declared or adjudged
11 invalid or unconstitutional was not originally a part of this ordinance.
12 Section 5. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with
13 any provision of this ordinance are hereby repealed to the extent of such conflict including, but not
14 limited to, Little Rock, Ark., Rev. Code S 6- 19(b)(f)(1988).
15 Section 6. Emergency Clause. As recent attacks of children by Pit Bulls has demonstrated,
16 the ability more closely to regulate and identify these animals is essential to the public health,
17 safety and welfare; an emergency is, therefore declared to exist and this ordinance shall be in
18 full force and effect from and after the date of its passage. ;
19 PASSED: February 19, 2008
20 ATTEST: APPROVED:
21
22
23 Na y Wood, ity Clerk Mark odol , May
24
25
26 ?Jo Adcock, Director
27 APPROVED AS TO LEGAL FORM:
28
29
30 Thomas M. Carpenter, City Att rney
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ORDINANCE
To amend Code of Ordinances pertaining to dogs