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13936ORDINANCE NO. 13,936 AN ORDINANCE AMENDING SECTIONS 7 -16, 7 -17, 7 -18, 7 -19, 7 -20, 7 -21, 7 -24, 7 -25, 7 -26, AND 7 -28 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO ANIMAL CONTROL LICENSE FEES, FINES AND OTHER ASPECTS OF ANIMAL CONTROL; ADDING SECTIONS 7 -33, 7 -34, 7 -35, 7 -36, 7 -37 AND 7 -38 TO CHAPTER 7 OF THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The title of Article IV of Chapter 7 of the Code of Ordinances is hereby amended to read: "Dogs and Cats" SECTION 2. Section 7 -16(e) of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: Vicious Dog or Vicious Animal - Any dog or of eimal that constitutes a physical threat to human beings or to other animals by virtue of one or more attacks of such severity as to cause physical injury or property damage. However, the fact that a dog has bitten or attempted to bite some person when that person was teasing the dog or otherwise provoking it shall not con- stitute the dog a vicious animal within the sense of this Article. SECTION 3. Section 7 -16 of the Code of Ordinances of the City of Little Rock is hereby amended to include Subsection (h) to read as follows: (h) Cats. When used herein shall include animals of all ages, both male and female, which are members of the feline, or cat family. SECTION 4. Section 7 -17 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: SECTION 7 -17. VICIOUS DOGS. It shall hereafter be unlawful for any person, firm or corporation to keep within the corporate limits of the City any fierce, vicious or dangerous dog unless such dog shall be confined by the owner within a building or secure enclosure. Such animal shall not be taken out of such building or secure enclosure unless securely muzzled. When in the judgment of the Director of Animal Control, any dog or other animal, by virtue of one or more at- tacks of such severity as to cause physical injury or property damage is determined to be a vicious dog or animal, the Director of Animal Control shall give notice of said determina- tion to the owner who shall forthwith comply with the provision of this Chapter concerning vicious dogs or animals. After notice to the owner, or if after documented diligent effort, no owner can be located, to protect the public from imminent danger to persons or property, if said dog is not confined and /or muzzled as herein required, the Director of Animal Control may have such animal humanely destroyed without regard to any time limitation other- wise established herein. SECTION 5. Section 7 -18 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: It shall hereafter be unlawful for any person, firm or corporation to own, keep or harbor more than four dogs or four cats within the corporate limits of the City. This provision shall not apply to proprietors of animal hos- pitals and veterinarians when such dogs or cats are kept upon premises used by such animal hospital and veteri- narians as their normal place of busi- ness. This provision also shall not apply to owners of dogs or cats who are animal breeders or kennel operators who hold a license from the City for breeding or kennel operations. Keeping on the premises more than four dogs or four cats shall be prima facie evi- dence of violation of this section. SECTION 6. Section 7 -19 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: It shall be unlawful for any person, firm or corporation 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 four dollars ($4.00) each on all dogs or cats six months of age or over. The license fee required by this section shall be due and payable as soon as the dog or cat attains six months of age and at the same time as the dog or cat receives a rabies vaccination as required by Section 7 -20 of this Chapter. Upon payment of the license tax or fee required by this -2- section, it shall be the duty of the City to furnish the owner of the dog or cat with a metal tag of distinctive design, on one side of which shall be stamped the words "tax paid ", the year for which the same is paid, and the serial number of the dog or cat. This serial number will be kept on file in the Animal Control Center. Every dog or cat covered by this article must have and wear a collar of such type that the city license tag may be firmly at- tached to said collar. Such tag, when issued, shall at all times be securely attached to the dog's or cat's collar or harness, and failure to keep such tag on the dog's or cat's collar shall be unlawful. If a dog or cat is of such age that it is not required by this article to have a license tag, the owner, possessor or keeper of the dog or cat shall obtain any commercially available simple identifi- cation tag for the animal setting forth the name and address of the owner of the animal and said identification tag shall be attached to the collar or harness of the animal. The license as referred to in this section shall be effective for the year ensuing its issuance and must be renewed in each subsequent year on the same month and day it was originally issued. This license shall be nontransferable. Upon the death of the dog or cat, the owner shall advise the Animal Control Center which shall void the registration of the animal. All owners of seeing eye dogs or guide dogs, such dogs being used to aid the blind, shall not be required to pay an annual city license fee of four dollars ($4.00) at the time the dog receives a vaccination as required by Section 7 -20 of the Code of Ordinances. SECTION 7. Section 7 -20 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: VACCINATION. (Ordinance #11,122) No person shall own, keep or harbor or have control over any dog or cat in the City of Little Rock or obtain a permit for any dog or cat over the age of six months unless said animal shall have been vacci- nated with an anti - rabies vaccine. All such dogs and cats shall be vaccinated against rabies annually in accordance with Act 171, Acts of Arkansas, 1745 as amended. All veterinarians who are licensed to practice in Pulaski County shall be appointed registrars of the City of Little Rock and shall register each dog and cat that receives a rabies vaccination if such dog or cat is to be kept within the corporate limits of the City of Little Rock. The City will furnish a four -part -3- registration form and tags to all veteri- narians who shall register dogs and cats kept within the City. Each veterinarian shall remit to the City all monies col- lected for licenses at the end of each month with one copy of the registration form. The provisions of this Section shall in no way be construed to limit the Director of Animal Control from establishing clinics for the purpose of vaccinating dogs or cats. SECTION 8. Section 7 -21 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: Any person owning, possessing or keeping a dog or dogs, whether vaccinated or unvac- cinated, licensed or unlicensed, shall confine such dog or dogs within an adequate fence or enclosure, or within a house, garage or other building or shall confine such dog or dogs by a chain or leash affixed to the dog's collar and attached to some substantial stationary object ade- quate to prevent the dog or dogs from running at large. Persons owning, pos- sessing or keeping a dog are subject to fine for allowing a dog or dogs to run loose, such fine to be as follows: For Licensed /Vaccinated Dogs First Offense $15.00 Second Offense 25.00 Third Offense 50.00 Subsequent Offense 75.00 For Unlicensed /Unvaccinated Dogs First Offense $ 25.00 Second Offense 50.00 Third Offense 150.00 Subsequent Offense 150.00 SECTION 9. Section 7 -24 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: IMPOUNDING OF DOGS: DESTROYING OF DOGS. The Animal Control Workers of the City of Little Rock shall take into custody any dog found at large in the City, and shall impound the dog in the Animal Control Center. Each impounded dog shall be held for a period of six days, at the end of which time the dog shall be destroyed unless custody of said dog is released prior there- to under the following conditions: During the first four (4) days of such impound- ment, the Animal Control_ Workers of the City shall make diligent efforts to deter- mine the owner of such dog and notify him of such impoundment. If the owner of such -4- dog fails or refuses to claim and re- possess such dog by the payment of the proper fee as prescribed, then the City Animal Control Workers may deliver cus- tody and possession of such dog to any person other than the owner upon the payment of the fee as prescribed in this Ordinance between the fifth day of said impoundment and the sixth day of said impoundment. In addition to or in lieu of impounding a dog found at large, the Animal Control Officer may issue to the known owner of such animal a Notice of Ordinance Violation. Such notice shall impose upon the owner a penalty of twenty -five dollars ($25.00) which shall be paid within 72 hours to the Animal Control Center in full satisfaction of the assessed penalty. In the event such penalty is not paid within the time period prescribed, a criminal warrant shall be initiated before a magistrate. Upon conviction of the violation of this Chapter, the owner shall be punished as provided in this Ordinance. The Director of Animal Control may revoke any breeder or kennel operation permit if the person holding the permit refuses or fails to comply with this Chapter. Any person whose permit is revoked shall within ten days thereafter dispose of all animals being owned, kept or harbored unless appropriate corrective measures are taken and the permit is reinstated. No part of the permit fee shall be refunded. SECTION 10. Section 7 -25 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: RECLAIMING DOGS: FEE. Any person owning, possessing or keeping a dog which has been allowed to run at large and which has been impounded may claim and retrieve such dog from the Animal Control Center by payment of a fine of fifteen dollars ($15.00) for the first offense if the dog has been vaccinated within the year next preceding such impounding and is currently licensed as required by law, or by a fee of twenty - five dollars ($25.00) for a first offense in the event the dog has not been vacci- nated within a year preceding the impound- ment, and is not currently - licensed. The burden of proof as to vaccination and li- censing shall be upon the party attempting to claim the dog from the Animal Control Worker under this Article. An owner re- claiming an impounded animal shall pay in addition to the assessed fine, board fee for each day the animal has been impounded. Any person claiming unvaccinated and un- licensed dogs shall, after payment of the fee assessed herein, and prior to release of the dog, sign a promise in writing to the Animal Control Officer that such person -5- will immediately have the dog vaccinated and licensed if the animal is released to him. The Animal Control Worker shall keep such statements filed, and should such a statement be signed and the dog be again im- pounded, and the dog not having been vaccinated and licensed as required, a fee of fifty dollars ($50.00) to be paid by the person claiming the dog, and require another promise in writing to have the dog licensed and vaccinated before he shall release the dog to the person claiming same. Upon each subsequent impoundment of such dogs, the same not having been vaccinated and licensed, an additional fee of one hundred fifty dollars ($150.00) shall be assessed. For the second offense of running at large for a vaccinated- licensed dog, the fine shall be twenty -five dollars ($25.00) plus the daily board rate; for the third offense the fine shall be fifty dollars ($50.00) plus the daily board rate; and seventy -five dollars ($75.00) for the fourth or subsequent offense. In applying such schedule: (1) The date when the actual violation occurred will control. (2) The record of the violator for two years prior to the date of the current violation shall be considered. SECTION 11. Section 7 -26 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: DOG OR CAT BITES. Any dog or cat which has bitten a person is a rabies suspect, and such dog or cat shall be immediately released by the owner or custodian for quarantine confinement in a veterinary hospital approved by the City or at the Animal Control Center for a period of ten days. SECTION 12. Section 7 -28 of the Code of Ordinances of the City of Little Rock is hereby amended to read as follows: QUARANTINE AND CONFINEMENT OF CERTAIN DOGS AND CATS. When any dog or cat has bitten, scratched or otherwise attacked a person, that person or anyone having knowledge of such incident shall imme- diately notify the Animal Control Center. The dog or cat may be quarantined in the Center or at a veterinary hospital for a period of at least ten days at the expense of the owner, or ownership may be relinquished and the animal euthanized and its head taken to the State Health Department for a pathological examination. The quarantine may be on the premises of the owner at the discretion of and under supervision of the Director of Animal Control if an appropriate /suitable place is available. (7) All animal quarters and runs are to be kept clean, dry and in a sanitary con- dition. (8) The food shall be free from contami- nation, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (9) All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and be of the removable type. SECTION 7 -35. STANDARDS FOR PET SHOPS. All pet shops, as defined herein, including pet shops run in conjunction with another holding facility, shall in addition to the other requirements of this Ordinance comply with the minimum standards of this Section. Failure to meet these standards shall be grounds for denial of a permit or revocation of a permit. A pet shop is defined as an establishment which offers to sell two or more species of live animals with the intent that they be kept as pets. Standards: (1) Water: There shall be available hot water at a minimum temperature of 160 degrees for washing cages and disin- fecting, and cold water easily acces- sible to all parts of the shop. Fresh water shall be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be mounted so the animal cannot turn them over and be removable for cleaning. (2) Room Temperature: The room temperature of the shop shall be maintained at a level that is healthful for every species of animals kept in the shop. (3) Cages and enclosures: All cages and enclosures are to be of a nonporous material for easy cleaning and disin- fecting. Each cage must be of sufficient size that the animal will have room to stand, turn and stretch out to his full length. SECTION 7 -36. POISONING DOGS. It shall be unlawful for any person to poison any dog or to distribute poison in any manner whatsoever with the intent to, or for the purpose of poisoning any dog. SECTION 7 -37. INTERFERENCE IN PERFORMANCE OF DUTIES. It shall be unlawful for any person to interfere with, molest, injure, harass, obstruct, or prevent the Animal Control Worker in the discharge of his duties. Im SECTION 13. Section 7 -31 of the Code of Ordinances of the City of Little Rock is hereby amended so that all references to "dogs" will read "dogs or cats" and so that the word "five" in the last clause will be changed to "four ". SECTION 14. Subsections 7 -32(b) and 7 -32(c) are hereby repealed. SECTION 15. The following sections are hereby added to Chapter 7 of the Code of Ordinances: SECTION 7 -33. HUMANE CARE AND TREATMENT. No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment. No person shall beat, cruelly ill- treat, torment, overload, overwork, or otherwise abuse any animal or cause or permit any dogfight or other combat between animals or between animals and humans. SECTION 7 -34. KENNELS. All kennels, as defined herein, shall in addition to the other requirements of this Ordinance comply with the minimum standards of this Section. Failure to meet these standards shall be grounds for denial of a permit or revocation,of a permit. A kennel is de- fined as an establishment wherein any person engages in the business of boarding, breeding, buying, grooming, letting for hire, training for a fee, or selling dogs or other animals. (1) Enclosures must be provided which shall allow adequate protection against wea- ther extremes. Floors of buildings, runs and wall shall be of an impervious material to permit proper cleaning and disinfecting. (2) Building temperature shall be maintained at a comfortable level. Adequate venti- lation shall be maintained. (3) Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages. (4) Cages are to be of material and con- struction that permit cleaning and sanitizing. (5) Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding. (6) Runs shall provide an adequate exercise area and protection from the weather. Runs shall have an impervious surface. -7- SECTION 7 -38. A breeder shall pay an annual permit fee of $75.00, no part of which shall be refundable if the permit is revoked. A breeder is defined as any person, partnership or corporation which maintains an unaltered (unsteri- lized) dog or cat and breeds such animal for any consideration of profit, fee or compensation. SECTION 7 -39. Release of Unaltered (Unsterilized) Animals Prohibited It shall erea ter be unlawful for any pound, shelter or humane organization to release any unaltered dog or cat to a new owner unless a promise to spay or neuter such animal has been signed by the person acquiring the animal. The sterilization shall be performed by the date stipulated, but for some valid reason the owner may request an extension time. At the discretion of the releasing agency, up to 30 days' extension may be given and Animal Control shall be ad- vised. A copy of the signed promise shall be sent to Animal Control to be kept on file there. The signed promise shall be binding and failure to comply is unlawful. In such case, the animal described therein shall be returned to the releasing agency upon demand. Ownership of said animal reverts to the releasing agency, and no claim may be made to recover expenses incurred for maintenance of the animal, including the initial procurement cost. SECTION 7 -40. PENALTIES AND FINES. Any person violating any portion of this Article shall be deemed guilty of a mis- demeanor and shall be punished, upon conviction, by assessment df a fine of from twenty -five dollars ($25.00) to two hundred dollars ($200.00). SECTION 16. All ordinances and parts of ordinances in conflict herewith are hereby repealed. All provisions of Chapter 7 of the Code of Ordinances not in conflict here- with shall remain in full force and effect. SECTION 17. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED: December 5, 1980 ATTEST: City Clerk APPROVED: ayor