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
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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
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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
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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
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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.
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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