HomeMy WebLinkAbout201202009042559 Received: 6123/2009 3:30 :09 PM
Recorded: 05123/2009 04 :05 :24 PM Filed &
Recorded in Official Records of PAT O'ERIEN,
PULASKI COUNTY CIRCUIT /COUNTY CLERK
1 ORDINANCE NO. 20,1N $35'00
2 -
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE CHAPTER 6,
4 ARTICLE III (1988); AND FOR OTHER PURPOSES.
5
6 WHEREAS, prior amendments to Little Rock, Ark., Rev. Code Chapter 6 pertaining to animals have
7 focused primarily on the care and control of dogs within the city limits; and
8 WHEREAS, the Little Rock Animal Services Advisory Board Ordinance Committee elected to study
9 issues concerning cat ownership and to address the care and control of cats within the city limits by a
10 proposed amendment to Little Rock, Ark., Rev. Code Chapter 6, Article III; and
11 WHEREAS, the Animal Services Advisory Board voted unanimously to recommend that the
12 Ordinance Committee's proposed cat ordinance be approved by the Little Rock Board of Directors.
13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
14 OF LITTLE ROCK, ARKANSAS:
15 Section 1. Section 6 -26 of the Little Rock Revised Code (1988) is hereby amended to read as
16 follows:
17 Sec. 6 -26 Definitions. For purposes of this article:
18 Attack means aggressive behavior by an animal that involves repeatedly biting or scratching
19 its victim.
20 Dangerous Cat means a cat that has been designated as dangerous pursuant to the standards
21 and administrative procedures identified in this article or that has been given another designation
22
23
24
25
26
27
28
29
30
31
32
33
34
pursuant to similar standards and procedures in another jurisdiction.
Free- Roaming Cat means a cat that is not kept inside of a house, business or other legal
occupancy structure or kept in a fenced area enclosed with a top and containing a shelter as
described in this article. A cat that is allowed to go outside of such structure or fenced area is
considered a free - roaming cat.
Cattery means an establishment for the breeding or boarding of cats.
Section 2. A new Section 6 -27 is hereby added to Little Rock Revised Code (1988) Chapter 6,
Article III to read as follows:
Sec. 6 -27 Maximum number.
(a) Maximum number. Except as provided in subsection (b), it shall be unlawful for more than
four (4) cats to be kept or harbored at a household or business within the city limits. ��`i +``''$ ;C
b Exceptions. Subsection a of this section does not apply to: .`�
() P� () PpY amp° ,�
(1) The normal place of business for animal hospitals or veterinary clinics; =
ORDINANCE
To amend Chapter 6, Article III of the
Little Rock Code of Ordinances
[PAGE 1 OF 5]
th
'��s�'t C011.��`' *•
1 (2) Cat breeders or catteries, if the operator of the breeding or cattery facility holds a Little
2 Rock privilege license for the cat breeding or cattery business; or
3 (3) Specific cats kept or harbored at the owner's residence pursuant to an over -limit permit
4 issued by the animal services division where:
5 i. the cat owner submits an application for over -limit permit to the animal services
6 division on a form to be approved by the animal services division manager;
7 ii. the cat owner submits to an on -site inspection and provides proof of current rabies
8 vaccination and city license for each cat identified in the over -limit permit
9 application; and
10 iii. the cat owner has no record of convictions for Little Rock Animal Code violations
11 for failure to vaccinate or license, or for animal cruelty, abuse or neglect. Any
12 conviction that is overturned by a court of competent jurisdiction shall not serve as
13 the basis for denial of an over -limit permit.
14 (c) Revocation of over -limit permit. An over -limit permit may be revoked if the cat owner is
15 subsequently convicted for any Little Rock Animal Code violation, provided that a conviction
16 that is overturned by a court of competent jurisdiction shall not serve as the basis for revocation
17 of an over -limit permit.
18 Section 3. A new Section 6 -28 is hereby added to Little Rock Revised Code (1988) Chapter 6,
19 Article III to read as follows:
20 Sec. 6 -28. Confinement.
21 (a) Identification. Cat owners shall identify their free - roaming cats by means of a microchip that
22 registers the owner with a national computer recovery network.
23 (b) Sterilization. All free - roaming cats shall be sterilized unless the owner's veterinarian,
24 licensed by the State of Arkansas, certifies in writing that the animal is physically unable to
25 reproduce or that the animal is medically compromised to the extent that it cannot be sterilized
26 safely.
27 (c) Chaining. Direct -point chaining or tethering of cats to a stationary object is prohibited.
28 (d) Warning Notice to Comply with Free- Roaming Requirements. Notwithstanding any other
29 provision of this ordinance:
30 (1) If the animal services division determines that the owner of a free - roaming cat is not in
31 compliance with the microchipping and sterilization requirements of this section; and
32 (2) If a prior warning notice to comply with the microchipping and sterilization requirements
33 has not been issued for that animal; then the owner shall be given a warning notice to
34 comply with the microchipping and sterilization requirements within ten (10) days, with
[PAGE 2 OF 5]
ORDINANCE
To amend Chapter 6, Article III of the
Little Rock Code of Ordinances
I documented proof of such compliance or a letter to document the owner's intent to keep the
2 animal indoors submitted to the animal services division within that ten (10) day period.
3 Section 4. A new Section 6 -29 is hereby added to Little Rock Revised Code (1988) Chapter 6,
4 Article III to read as follows:
5 Sec. 6 -29. Minimum care.
6 (a) Shelter.
7 (1) All cat owners shall provide their cats with continuous access to a structurally sound,
8 moisture -proof and windproof shelter large enough to keep the cat reasonably clean and
9 dry.
10 (2) A shelter which does not protect the cat from temperature extremes or precipitation, or
11 which does not provide adequate ventilation or drainage, shall not comply with section.
12 (3) A cat's shelter and bedding shall be maintained in a manner which minimizes the risk of
13 the cat contracting disease, being injured or becoming infested with parasites.
14 (b) Nutrition.
15 (1) It shall be unlawful for any person keeping or harboring any cat to fail, refuse or neglect
16 to provide such cat with clean, fresh, potable water adequate for the cat's size, age, and
17 physical condition. This water supply shall be either free flowing or provided in a
18 removable receptacle that is weighted or secured to prevent tipping.
19 (2) It shall be unlawful for any person keeping or harboring any cat to fail, refuse or neglect
20 to provide such cat with wholesome foodstuff suitable for the cat's physical condition
21 and age and in sufficient quantities to maintain an adequate level of nutrition for the cat.
22 (c) Exercise.
23 (1) Any enclosure or area of confinement for a cat shall encompass sufficient usable space
24 to keep the animal in good condition.
25 Section 5. a new Section 6 -30 is hereby added to Little Rock Revised Code (1988) Chapter 6, Article
26 III to read as follows
27 Sec. 6 -30. Dangerous cat designation.
28 (a) General. It shall be unlawful for any person to keep within the city limits any dangerous cat,
29 except in compliance with the provisions of this section.
30 (b) Ground for dangerous cat designation. A cat is considered dangerous for purposes of this
31 section if-
32 (1) Without provocation, it attacks or bites a person;
33 (2) Acts in a manner which the owner knows, or reasonably should know, is an indication
34 that the cat is dangerous and is not merely acting in self defense under a particular set of
35 circumstances; or
[PAGE 3 OF 51
ORDINANCE
To amend Chapter 6, Article III of the
Little Rock Code of Ordinances '
1 (3) Has been declared dangerous, or has been given some other designation by another
2 governmental body under circumstances that would meet the grounds for dangerous cat
3 designation under the provisions of this ordinance.
4 (c) Dangerous cat designation procedure.
5 (1) Designation. If the animal services division manager has cause to believe that a cat is
6 dangerous, the division manager may find and declare such cat a dangerous cat.
7 (2) Notice. Within three (3) days of declaring a cat dangerous, the animal services division
8 manager shall give notice of the declaration and the reasons for it in writing to the person
9 who owns, keeps, or otherwise maintains the cat. The notice shall inform the owner or
10 custodian that a permit is required to keep such dangerous cat within the city limits.
11 (3) Opportunity to contest designation. The notice shall inform the owner or custodian of the
12 cat that a hearing to contest the declaration shall be held before the city manager, or
13 appointed designee, if a request for a hearing is submitted in writing to the animal
14 services division manager within five (5) week days from receipt of the notice of
15 dangerous cat declaration.
16 (4) Status pending hearing. Once notice of dangerous cat designation has been given, the cat
17 shall be considered dangerous unless, and until such time as, the declaration is overruled
18 by the city manager or appointed designee. If a hearing is requested, the owner shall not
19 be required to obtain a dangerous cat permit unless, and until such time as, the
20 declaration is upheld by the city manager or appointed designee.
21 (5) Hearing. The hearing required pursuant to this subsection shall be held no more than five
22 (5) week days from the date of receipt of the request. The city manager, or appointed
23 designee, shall act as the appeal hearing officer and shall make his ruling on the basis of a
24 preponderance of the evidence presented at the hearing. The hearing shall be an informal
25 proceeding, and each party shall have the right to call and examine witnesses, to
26 introduce exhibits, to cross - examine opposing witnesses on any matter relevant to the
27 issues even though that matter was not covered in the direct examination, to impeach any
28 witness regardless of which party first called the witness to testify, and to rebut the
29 evidence against the party. Either party may call the owner /custodian as a witness. The
30 decision of the hearing officer is final.
31 (6) Compliance. If the person owning, keeping, possessing or otherwise maintaining the cat
32 fails to request a hearing or if the hearing officer determines that the dangerous
33 declaration stands, the owner or custodian shall comply with the requirements of this
34 section in order to keep such cat within the city limits.
[PAGE 4 OF 5]
ORDINANCE
To amend Chapter 6, Article III of the
Little Rock Code of Ordinances
I (d) Permit required. A dangerous cat may be kept within the city limits only so long as the
2 owner or custodian obtains a dangerous cat permit and complies with the conditions for
3 maintaining a dangerous cat permit.
4 (e) Conditions for maintaining a dangerous cat permit.
5 (1) The owner or custodian shall pay an annual permit fee of twenty five dollars ($25.00) for
6 possession of a dangerous cat, in addition to all other fees required under this Chapter.
7 (2) The owner or custodian shall not allow a dangerous cat to be a free - roaming cat.
8 (f) Failure to comply. It shall be unlawful for the owner or custodian of a dangerous cat to fail
9 to comply with the requirements and conditions set forth in this section. Any cat found to be
10 kept in violation of this section shall be subject to seizure and impoundment. In addition,
11 failure to comply shall result in the revocation of the dangerous cat permit for such cat. In
12 the event of permit revocation, the owner or custodian shall find a new home for the cat
13 outside of the city limits within twenty -four (24) hours of receipt of the notice of revocation,
14 or the cat shall be humanely destroyed.
15 Section 6. Sections 6 -31 through 6 -40 of the Little Rock Arkansas Revised Code (1988) are hereby
16 reserved.
17 Section 7. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
18 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
19 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
20 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ordinance.
Section 8. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with any
provision of this ordinance, are hereby repealed to the extent of such conflict.
PASSED: June 16, 2009
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Ci Attorney
ORDINANCE
To amend Chapter 6, Article III of the
Little Rock Code of Ordinances
FR" W M111
[PAGE 5 OF 51
Stodola,