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AN ORDINANCE TO AMEND CHAPTER 10 KNOWN AS THE ANIMALS ORDINANCE PROVIDING FOR CHANGES IN THE ENFORCEMENT AND RULES AND DECLARING AN EMERGENCY TO PROVIDE CLARITY IN THE EXISTING ORDINANCES
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WHEREAS THE CITY OF JONESBORO DESIRES TO PROMOTE A HEALTHY ENVIRONMENT BY PREVENTING PUBLIC NUSIANCE CAUSED BY ODOR OR THE ATTRACTION OF UNDESIRABLE RODENTS OR INSECTS.
BE IT ORDAINED BY THE CITY COUNCIL OF JONESBORO, ARKANSAS:
IT SHALL BE UNLAWFUL FOR ANY PERSON TO KEEP ANY ANIMAL IN SUCH A MANNER AS TO ENDANGER THE PUBLIC HEALTH BY THE ACCUMULATION OF ANIMAL WASTE WHICH CAUSES FOUL AND OFFENSIVE ODORS ARE CONSIDERED TO BE A HAZARD TO OTHER ANIMALS OR HUMAN BEINGS.
SECTION I: CHAPTER 10-12 SHALL BE AMENDED TO READ AS FOLLOWS:
Sec. 10-12. - Animal waste removal and disposal from properties.
(a) Purpose. To require the removal and disposal of animal feces deposited without permission on public and private property so as to protect public health, safety, and welfare, and to prescribe penalties for failure to comply.
(b) Violation. A violation occurs when an owner or custodian of an animal fails to immediately remove and to properly dispose of feces deposited by their animal on any public street, sidewalk, gutter, park or other publicly owned property or private property unless the owner of the property has given permission allowing such use of the property. Proper feces disposal shall be executed in accordance with "Chapter 54 - Solid Waste, Division 1 - Generally, Section 54-44 - Animal Waste"
(c) Exemptions. This section shall not apply to visually impaired persons who have charge, control, or use of guide dogs or persons using animals in conjunction with activities of law enforcement.
(d) Enforcement. Representatives of the Police Department shall enforce the provisions of this chapter. Police Officers, Animal Control Officers and Code Enforcement Officers shall have the authority to issue citation(s) to person(s) violating the provisions of this chapter within the Officers presence. If the Officer does not view the occurrence of the violation, the Officers will then advise the complaining property owner on an affidavit process and assist the complainant with any documentation received by this office.
(e) Penalty. Any person(s) who is found to be in violation of the provisions of this ordinance section shall be subject to a fine of $75.00 for each occurrence.
SECTION II: All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION III: It is further found that due to the immediate need to provide clarity to the existing ordinances, an emergency is declared to exist and this ordinance being necessary for the preservation of the public peace, health and safety, shall take effect from and after its passage and approval.
PASSED AND ADOPTED this 3rd day of September, 2013.