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2009042688 Received: 612312009 3:30:08 PM
Recorded: 06123/2009 04:08:23 PM Filed &
Recorded in Official Records of PAT O'BRIEN, 20 May 2009
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $76.00
ORDINANCE NO. 20,121
AN ORDINANCE TO AMEND AND CLARIFY LITTLE ROCK, ARK., REV. CODE CHAPTER 6,
ARTICLE II (1988); AND FOR OTHER PURPOSES.
WHEREAS, general housekeeping review of Little Rock, Ark., Rev. Code 95 6 -14 through 6 -20 (1988),
as amended, identified several provisions that need correction, clarification or reorganization; and
WHEREAS, the Animal Services Advisory Board Ordinance Committee drafted proposed corrections,
clarifications and reorganization of those provisions for consideration by the Board of Directors; and
WHEREAS, the review process also identified the need for several amendments to the dangerous dog
section; and
WHEREAS, the Animal Services Advisory Board voted unanimously to recommend that the proposed
13 changes be approved by the Little Rock Board of Directors.
14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
15 ARKANSAS:
16 Section 1. The definition of "Direct point chaining" under Section 6 -14 of the Little Rock, Ark.
17 Revised Code (1988) is hereby amended to clarify methods of chaining and to then read as follows:
18 Direct point chaining means attaching an animal directly to a stationary object
19 by means of a leash, rope, chain, cable or other material attached to the dog's
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collar or harness but does not include temporary restraint of a dog for purposes
of vehicular transport.
Section 2. Subsection 6 -15(a) of the Little Rock, Ark. Revised Code (1988) is hereby amended to
clarify the meaning of "dogs that are kept or harbored" and to then read as follows:
(a) Maximum number. Except as set forth in subsection (b), it shall be unlawful for
more than four (4) dogs to be kept or harbored at any household or business in the
city limits.
Section 3. Subsection 6 -15(c) of the Little Rock, Ark. Revised Code (1988) is hereby amended to
provide that over -limit permits "may" be revoked and to then read as follows:
(c) Revocation of over -limit permit. An over -limit permit may be revoked if the dog
owner is subsequently convicted for any Little Rock Animal Code violation,
provided that a conviction that is overturned oy a court or competent
jurisdiction shall not serve as the basis for revocation of an over -limit permit.
Section 4. Subsection 6- 16(g)(2) of the Little Rock, Ark. Revised Code (1988) is hereby amended to
correct a code reference and to then read as follows:
(2) For an unsterilized dog:
a. The first violation within a three -year period shall result in a one-hundred :`�o ®.�® 11I C��
dollar fine, unless by time of sentencing for the violation, proof
[Page 1 of 13]
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
�ee$ PU KS�, "��`�
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20 May 2009
sterilization of the animal has been produced, in which case the fine
structure applicable to sterilized dogs in subsection (g)(1) herein shall apply.
b. The second and each subsequent violation within a three -year period shall
result in a two - hundred- dollar fine, unless by time of sentencing for the
violation, proof of sterilization of the animal has been produced, in which
case the fine structure applicable to sterilized dogs in subsection (g)(1) herein
shall apply.
c. The fine structure applicable to sterilized dogs in subsection (g)(1) herein shall
also apply to unsterilized dogs too elderly or infirm to breed, as previously
certified in writing as such at the time of the dog's licensing by a veterinarian
licensed to practice within the state.
Section 5. Subsection 6- 17(a)(1) of the Little Rock, Ark. Revised Code (1988) is hereby amended to
clarify the outdoor housing requirement for dogs and to then read as follows:
(a) Shelter.
(1) All dogs shall have continuous access to a structurally sound, moisture -proof
and windproof shelter large enough to keep the dog reasonably clean and dry.
Section 6. Subsection 6 -17(c) of the Little Rock, Ark. Revised Code (1988) is hereby amended
correct an inconsistency regarding minimum kennel size and to then read as follows:
(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:
(i) Large Dog. For a dog that is larger than 20 inches at the withers or that
weighs more than 50 pounds, the minimum confinement area per dog is
100 square feet.
(ii) Medium Dog. For a dog that is larger than 12 inches at the withers and
up to 20 inches at the withers or that weighs over 20 pounds and up to
50 pounds, the minimum confinement area per dog is 80 square feet.
(iii) Small Dog. For a dog that is 12 inches or less at the withers or that
weighs 20 pounds or less, the minimum confinement area per dog is 50
square feet.
Section 7. To facilitate easier reference to code provisions regarding potentially dangerous dogs,
dangerous dogs and vicious dogs, Section 6 -20 of the Little Rock, Ark. Revised Code (1988) entitled
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
[Page 2 of 131
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20 May 2009
"Potentially dangerous breeds" shall be renumbered as Section 6 -19. The previous Section 6 -19 of the
Little Rock, Ark. Revised Code (1988), entitled "Dangerous or vicious dog designation" shall be
restructured by renumbering and renaming Section 6 -19(a) as "Section 6 -20. Dangerous dog designation"
and by renumbering and renaming Section 6 -19(b) as a newly created "Section 6 -21. Vicious dog
designation."
Section 8. Sections 6 -19 through 6 -21 of the Little Rock, Ark. Revised Code, as restructured above,
shall be amended to correct an omission concerning revocation of dangerous breed permits and to
correct an inconsistency concerning minimum kennel size for dangerous dogs and shall be reorganized to
then read as follows:
Sec. 6 -19. Potentially dangerous breeds.
(a) General.
(1) There shall be a recognized category of dogs designated as Potentially
Dangerous Breed.
(2) Beginning on the 91St day after passage of this ordinance, it shall be
unlawful for any person to keep within the city limits any Potentially
Dangerous Breed, except in compliance with the provisions of this section.
(3) A Potentially Dangerous Breed shall include the following:
(i) A Pit Bull, which is defined as any dog that is an American Pit Bull
Terrier, a Staffordshire Terrier, or American Staffordshire Terrier, and
any dog of mixed breeding that has the primary characteristics of an
American Pit Bull Terrier, a Staffordshire Terrier, or an American
Staffordshire Terrier. The American Kennel Club and United Kennel
Club standards for the above breeds shall be on file for viewing at the
City's animal shelter.
(ii) Any other breed that is so declared by ordinance.
(4) For purposes of this section an "Owner" is defined as any person who owns,
keeps, exercises control over, maintains, or harbors a Potentially Dangerous
Breed.
(5) Notwithstanding the special provisions set forth below as to keeping a
Potentially Dangerous Breed within the city limits:
(i) Any such animal is also subject to the provisions for designation as a
dangerous dog or as a vicious dog.
(ii) Any such animal declared to be a vicious dog shall be euthanized once
process to declare the animal a vicious dog has been completed.
ORDINANCE
To amend Chapter 6; Article II of the
Little Rock Code of Ordinances
[Page 3 of 13]
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20 May 2009
(iii) The City's Animal Services Division may temporarily harbor and
transport any Potentially Dangerous Breed for purposes of enforcing the
provisions of this section.
(iv) An Owner may transport into and temporarily hold in the city limits a
Potentially Dangerous Breed for the purpose of transporting the dog to
a veterinarian or groomer for care, or to participate in a contest or
show sponsored by the American Kennel Club or the United Kennel
Club.
(b) Permit Required.
(1) Permit. A Potentially Dangerous Breed may be kept within the city limits
only so long as the registered owner or custodian complies with the
requirements and conditions of the Potentially Dangerous Breed permit.
(2) Permit Fee. The owner or custodian shall pay an annual permit fee
established by the City Manager, in addition to all other required fees, for
each year that a Potentially Dangerous Breed is kept within the city limits.
(c) Registration Requirements. The Owner of any Potentially Dangerous Breed shall
be allowed to keep such dog within the Little Rock city limits only if the Owner
registers the dog with the City's Animal Services Division on an annual basis and
obtains a Potentially Dangerous Breed permit and a window sticker with each
annual registration. As a condition of registration, the Owner shall at the time
of application provide sufficient evidence that the Owner is in compliance with
all of the following requirements:
(1) Rabies Vaccination. The dog must be vaccinated against rabies by a licensed
veterinarian on an annual basis.
(2) Current City License. The Owner must purchase an annual city license for the
dog, and the dog must wear the city license tag on its collar at all times.
(3) Microchip. The dog must be identified by means of a microchip that is injected
under its skin by a licensed veterinarian and maintained as long as the animal is
kept within the city limits.
(4) Photo. The Owner must bring their Potentially Dangerous Breed to the City animal
shelter to have its photo taken with the Owner.
(5) Sterilized. The Owner must provide documentary proof from a licensed
veterinarian that their dog has been spayed or neutered. This requirement shall
not apply if:
(i) Animal Services receives a letter from the Owner's veterinarian, to be
confirmed by the Animal Services veterinarian, stating that the dog is
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
[Page 4 of 13]
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'20 May 2009
physically unable to reproduce or that the dog is medically
compromised to the extent that it cannot be safety sterilized;
(ii) The Potentially Dangerous Breed is a registered AKC or UKC show dog
with points or with documentation of training for show purposes, if the
Owner purchases an annual Show Dog Permit for a fee established by
the City Manager; or
(iii) The dog is a registered AKC or UKC dog with points, and the Owner
purchases an annual Breeder's Permit for a fee established by the City
with the restriction that the dog shall be allowed to produce or sire no
more than one litter per calendar year beginning on January 1 and
ending on December 31. For any additional litter produced in any
calendar year, there shall be a fine, in addition to any other fine, of
five hundred dollars ($500.00) against both the sire and the bitch, and
two hundred and fifty dollars ($250.00) for each live pup.
(d) Permit Conditions.
(1) Place of Confinement. A Potentially Dangerous Breed must reside at the
Owner's residence or place of business.
(2) Window Sticker. An annual window sticker, provided at the time of
registration, must be posted on the Owner's property, visible from the
street to indicate that a Potentially Dangerous Breed resides on the
property.
(3) Confinement. A Potentially Dangerous dog shall be confined indoors or by
means of a fence that is of adequate height and construction to prevent the
dog's escape. Potentially Dangerous dogs shall not be confined by means of
an electronic containment device, or invisible fence. When outside of an
area of confinement, a Potentially Dangerous Breed must be restrained by
means of a secure leash held by an adult who has the ability to control the
dog.
(4) No Transfer of Permit. A Potentially Dangerous Breed permit shall not
transfer to a new Owner residing in the city limits. The new Owner must
meet all registration requirements within ten (10) days of acquiring the dog.
(5) Relocation Reported. The Owner of a Potentially Dangerous Breed may
relocate the dog to the Owner's new Little Rock residence or place of
business if the Owner contacts Animal Services prior to the relocation in
order to report the new address and obtain a new window sticker. The new
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
[Page 5 of 131
20 May 2009
window sticker must be posted at the new residence or place of business
within 30 days of the move.
(6) Maximum Number. The number of Potentially Dangerous Breed dogs kept,
maintained or harbored at one residence shall not exceed two (2).
(e) Breed Designation Appeals. The Owner of a dog that has been identified as a
Potentially Dangerous Breed under this section shall have the right to an
administrative appeal of the breed designation by submitting a request for a
hearing to the Animal Services Division Manager in writing within five (5) days of
the Division Manager's designation of the Owner's dog as a Potentially Dangerous
Breed. A hearing to consider disputes and to view the dog's physical
characteristics and pedigree shall be conducted by a committee appointed by
the City Manager and comprised of at least the Animal Services veterinarian, a
member of the Animal Services Advisory Board and a Little Rock citizen. The
committee shall make a final determination of the dog's breed or predominant
breed characteristics. If the committee determines that the dog is a Potentially
Dangerous Breed, as defined by this section, the Owner shall have ten (10) days
to meet all registration requirements and to comply with all permit conditions.
(f) Compliance Period. Within ten (10) days after acquiring a Potentially Dangerous
Breed, or after moving to the City of Little Rock with a Potentially Dangerous
Breed, or after a Potentially Dangerous Breed designation has been affirmed on
appeal, or after non - compliance under this section has been brought to the
attention of Animal Services, the Owner of a Potentially Dangerous Breed must
register their dog and comply with all Potentially Dangerous Breed regulations.
(g) Enforcement.
(1) Dangerous Breed Regulation Violations. Failure to comply with any
Potentially Dangerous Breed registration requirement or permit condition
within the allotted ten (10) day time period shall constitute a violation of
this Chapter and may result in the issuance of a citation and a warrant to
seize the Owner's dog if it is not removed from the city limits pending
adjudication of the citation.
(2) Non - Cruelty Violations. Permits to keep a Potentially Dangerous Breed
within the City may be revoked by the Animal Services Division upon the
Owner's second conviction for violation of the City's non - cruelty animal
code provisions. If the permit(s) is revoked, a warrant to seize the
Potentially Dangerous Breed may be served on the Owner if the dog is not
removed from the city limits. In addition, the Owner shall lose their right
[Page 6 of 13]
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
20 May 2009
to register any Potentially Dangerous Breed within the City of Little Rock for
a period of two (2) years.
(3) Cruelty Violations. Upon conviction for any animal cruelty charge, the
Owner of a Potentially Dangerous Breed shall lose their Potentially
Dangerous Breed Permit(s) and shall lose their right to register any
Potentially Dangerous Breed within the City of Little Rock for a period of
ten (10) years. A warrant may be obtained to seize the Owner's Potentially
Dangerous Breed dog(s) pending adjudication of the cruelty violation
citation. Upon conviction for animal cruelty and revocation of the
Potentially Dangerous Breed Permit, the Owner's Potentially Dangerous
Breed dog(s) must be removed from the city limits or surrendered to the
Little Rock Animal Services Division.
(h) Authority to Euthanize Potentially Dangerous Breed declared to be a Vicious
Animal. Notwithstanding any provision of this Code of Ordinances, if a
Potentially Dangerous Breed is declared to be a vicious animal pursuant to the
provisions of 5 6 -21(b) the dog shall be euthanized within seventy -two (72) hours
of the final vicious dog declaration.
Sec. 6 -20. Dangerous dog designation.
(a) General. It shall be unlawful for any person to keep within the city limits any
dangerous dog, except in compliance with the provisions of this section.
(b) Grounds for dangerous dog designation. A dog is considered dangerous for
purposes of this section if:
1. Without provocation, it attacks or bites a person engaged in a lawful
activity;
2. While off the property of its owner and without provocation, it seriously
injures another domesticated animal;
3. Without provocation while not on a leash and under the control of its owner
or custodian, it chases, confronts or approaches a person on a street,
sidewalk or other public property in a menacing fashion such as would put a
reasonable person in fear of attack;
4. Acts in a manner which the owner knows, or reasonably should know, is an
indication that the dog is dangerous and is not merely being protective in a
particular set of circumstances; or
5. Has been declared dangerous, or has been given some other designation, by
another governmental body under circumstances that would meet the
[Page 7 of 13]
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
20 May 2009
grounds for dangerous dog designation under the provisions of this
ordinance.
(c) Impoundment pending declaration. Upon reasonable suspicion that a dog is
dangerous and poses a serious threat to public health or safety, the animal
services division manager, or appointed designee, may seek a warrant to seize
the dog for quarantine at a veterinary clinic or for impoundment at the animal
services facility, pending the dangerous dog declaration process.
(d) Dangerous dog designation.
1. Designation. If the animal services division manager has cause to believe
that a dog is dangerous, the division manager may find and declare such dog
a dangerous dog.
2. Notice. Within three (3) days of declaring a dog dangerous, the animal
services division manager shall give notice of the declaration and the
reasons for it in writing to the person who owns, keeps, or otherwise
maintains the dog. The notice shall inform the owner or custodian that a
permit is required to keep such dangerous dog within the city limits.
3. Opportunity to contest designation. The notice shall also inform the owner
or custodian of the dog that a hearing to contest the declaration shall be
held before the city manager, or appointed designee, if a request for a
hearing is submitted in writing to the animal services division manager
within five (5) working days from receipt of the notice of dangerous dog
declaration.
4. Status pending hearing. Once notice of dangerous dog designation has been
given, the dog shall be considered dangerous unless, and until such time as,
the declaration is overruled by the city manager or appointed designee. If a
hearing is requested, the owner shall not be required to obtain a dangerous
dog permit unless, and until such time as, the declaration is upheld by the
city manager or appointed designee.
5. Hearing. Hearings required pursuant to this subsection shall be held no
more than five (5) working days from the date of receipt of the request. The
city manager, or appointed designee, shall act as the appeal hearing officer
and shall make his ruling on the basis of a preponderance of the evidence
presented at the hearing. The hearing shall be an informal proceeding, and
each party shall have the right to call and examine witnesses, to introduce
exhibits, to cross - examine opposing witnesses on any matter relevant to the
issues even though that matter was not covered in the direct examination,
[Page 8 of 13]
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
20 May 2009
to impeach any witness regardless of which party first called the witness to
testify, and to rebut the evidence against the party. Either party may call
the owner /custodian as a witness. The decision of the hearing officer is
final.
6. Compliance. If the person owning, keeping, possessing or otherwise
maintaining the dog fails to request a hearing, or if the hearing officer
determines that the dangerous declaration stands, the owner or custodian
shall comply with the requirements of this Section in order to keep such dog
within the city limits.
(e) Permit required.
1. A dangerous dog may be kept within the city limits only so long as the owner
or custodian complies with the requirements and conditions in accordance
with the dangerous dog permit.
2. The owner or custodian shall pay an annual permit fee of one hundred fifty
dollars ($150.00) for possession of a dangerous dog, in addition to all other
required fees.
(f) Conditions for keeping a dangerous dog. The requirements and conditions for
keeping or maintaining a dangerous dog within the city limits shall include:
1. Confinement. All dangerous dogs shall be securely confined:
(i) Indoors; or
(ii) In an enclosed and locked pen or physical structure upon the premises
of the owner. The pen or physical structure must meet the minimum
space requirements of this chapter and must have secure sides and a
secure top attached to the sides. If no bottom is secured to the sides,
the sides must be embedded into the ground no less than two (2) feet.
The pen or physical structure must be capable of preventing the entry
of the general public, including children, and must be capable of
preventing the escape or release of the dog. Electronic containment
devices shall not be used to confine dangerous dogs.
2. Minimum care. All shelter and minimum care standards required by this
chapter shall apply to dangerous dog confinement.
3. Leash and muzzle. The owner of a dangerous dog shall not allow the dog to
go outside of its kennel, pen or physical structure unless the dog is muzzled,
restrained by a leash sufficient to control the dog, and under the physical
control of an adult. The muzzle must not cause injury to the dog or
interfere with its vision or respiration, but must prevent the dog from biting
[Page 9 of 13]
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
20 May 2009
any human or animal. A muzzle is not required if the dog is: (i) in the
owner's yard if the yard is enclosed by a fence that is capable of preventing
uninvited entry by other dogs or people; and (ii) is restrained by means of a
leash held by an adult.
4. Signs. The owner of a dangerous dog shall provide public notice of the dog's
presence on the premises by displaying a warning sign provided by the
animal services division. The sign shall be placed in a prominent place on
the owner's property, clearly visible from the public highway or
thoroughfare. Similar signs shall be posted on the dog's kennel, pen or
enclosed structure.
5. Photograph identification. Within ten (10) days of the declaration of a dog
as dangerous, the owner or custodian shall provide the animal services
division manager with two (2) digital- quality color photographs of such dog,
clearly showing the color and approximate size of the animal, or shall make
the dog available for photographing by the animal services division.
6. Change of status. The owner or custodian of a dangerous dog shalt notify
the animal services division immediately if the dog is unconfined and on the
loose, or has attacked a human or a domestic animal.
7. Change of ownership. If the owner of a dangerous dog sells, gives away, or
otherwise transfers custody of the dog, the owner shall, within five (5)
calendar days, provide the animal services division with written
documentation containing the name, address, and telephone number of the
new owner or custodian. The previous owner shall also, within five (5)
calendar days of transferring ownership or custody of the dog, notify the
new owner of the dog's designation as a dangerous dog and, if the new
owner resides within the City limits, of the requirements and conditions for
keeping a dangerous dog. This notice shall be in writing and a copy shall be
provided to the animal services division. Upon being notified that a
dangerous dog has been removed to another jurisdiction, the animal
services division is authorized, but not required, to notify the appropriate
governmental department in the jurisdiction where the dog has been
transferred that the dog has been declared dangerous by the City of Little
Rock.
(g) Failure to comply. It shall be unlawful for the owner or custodian of a dangerous
dog to fail to comply with the requirements and conditions set forth in this
section. Any dog found to be kept in violation of this section shall be subject to
[Page 10 of 13]
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
20 May 2009
1 seizure and impoundment. In addition, failure to comply shall result in the
2 revocation of the dangerous dog permit for such dog. In the event of permit
3 revocation, the owner or custodian shalt remove such dog from the city limits
4 within twenty -four (24) hours of receipt of the notice of revocation, or the dog
5 shall be humanely destroyed.
6 (h) Exemptions. Dogs that are used regularly for taw enforcement purposes shalt not
7 be subject to this section, but shalt be confined and maintained in accordance
8 with the law enforcement agency's general orders.
9 6 -21. Vicious dog designation.
10 (a) General. It shall be unlawful for any person to keep within the city limits any
11 vicious dog.
12 (b) Grounds for vicious -dog designation. A dog is considered vicious for purposes of
13 this section if it:
14 1. Causes death or serious physical injury to a person engaged in a lawful
15 activity;
16 2. On two (2) or more occasions, attacks or bites without provocation a person
17 engaged in a lawful activity;
18 3. On more than one (1) occasion, while off the property of its owner and
19 without provocation, seriously injures another domesticated animal;
20 4. Without provocation, kills a domesticated animal;
21 5. Trains for dog fighting or is owned or kept for the purpose of dog fighting; or
22 6. Has been declared vicious, or has been given some other designation, by
23 another governmental body under circumstances that would meet the grounds
24 for vicious dog designation under the provisions of this article.
25 (c) Impoundment pending declaration. Upon reasonable suspicion that a dog is
26 vicious and poses a serious threat to public health or safety, the animal services
27 division manager, or appointed designee, may seek a warrant to seize the dog
28 for quarantine at a veterinary clinic or for impoundment at the animal services
29 facility, pending the vicious dog declaration process.
30 (d) Declaration of a vicious dog.
31 1. Notice to owner. In instances where the dog is declared vicious, the
32 division of animal control shall, within forty -eight (48) hours, notify the
33 owner of the dog in writing posted at the owner's or custodian's last known
34 address, that the dog has been determined to be a vicious animal, the
35 reasons for the declaration and, if applicable, that the dog has been
36 quarantined or impounded by animal services. The owner shall have five (5)
[Page 11 of 13]
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
20 May 2009
1
days from delivery of the notice to contact the division of animal services
2
and comply with the ordinance by removing the dog from the city limits or
3
by having the dog euthanized.
4
2.
Opportunity to contest vicious designation. The notice shall also inform the
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owner or custodian of the dog that a hearing to contest the declaration shall
6
be held before the city manager, or appointed designee, if a request for a
7
hearing is submitted in writing to the animal services division manager
8
within five (5) working days from receipt of the notice of vicious -dog
9
declaration.
10
3.
Status pending hearing. Once notice of vicious dog designation has been
11
given, the dog shall be considered vicious unless, and until such time as, the
12
declaration is overruled by the city manager or appointed designee.
13
4.
Hearings. Hearings required pursuant to this subsection shall be held no
14
more than five (5) working days from the date of receipt of the request. The
15
city manager, or appointed designee, shalt act as the appeal hearing officer
16
and shall make his ruling on the basis of a preponderance of the evidence
17
presented at the hearing. The hearing shalt be an informal proceeding, and
18
each party shall have the right to call and examine witnesses, to introduce
19
exhibits, to cross - examine opposing witnesses on any matter relevant to the
20
issues even though that matter was not covered in the direct examination,
21
to impeach any witness regardless of which party first called the witness to
22
testify, and to rebut the evidence against the party. Either party may
23
examine the owner/ custodian. The decision of the hearing officer is final.
24
5.
Change of status. The owner or custodian of a vicious dog shall notify the
25
division of animal control immediately if the dog is unconfined and on the
26
loose, or has attacked a human or a domestic animal.
27
6.
Failure to comply. If the person owning, keeping, possessing or otherwise
28
maintaining the dog fails to request a hearing, or if the hearing officer
29
determines that the vicious declaration stands, the owner or custodian shall
30
comply with the ordinance by removing the dog from the city limits or by
31
having the dog euthanized. If the dog owner /custodian does not comply
32
with the ordinance, the animal services division manager, or appointed
33
designee, may seek a court order to impound the dog, if necessary, and may
34
have such dog euthanized.
[Page 12 of 13]
ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances
20 May 2009
1 (e) Exemptions. Dogs that are used regularly for law enforcement purposes shalt not
2 be subject to this section, but shall be confined and maintained in accordance
3 with the law enforcement agency's general orders.
4 Section 9. Sections 6 -22 through 6 -25 of the Little Rock, Ark. Revised Code (1988) are hereby
5 reserved.
6 Section 10. Severability. In the event any title, section, paragraph, item, sentence, clause,
7 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
8 declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in
9 full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not
10 originally a part of the ordinance.
11 Section 12. Repealer. Alt ordinances and resolutions, and parts thereof, which are in conflict with
12 any provision of this ordinance are hereby repeated to the extent of such conflict.
13 PASSED: June 16, 2009
14 AT ST' APPROVE.,.
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17 usan Lag jy A ing ty Clerk Mark Stodola, Mayor
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19 APPROVED AS TO LEGAL FORM:
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22 Thomas M. Carpenter, City Atto y
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33 H
34 H
35 H
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ORDINANCE
To amend Chapter 6, Article II of the
Little Rock Code of Ordinances