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AN ORDINANCE TO AMEND ORDINANCE NO. 1266 REDEFINING VICIOUS ANIMAL AND REDEFINING PENALTIES FOR HARBORING SAME AND FOR OTHER PURPOSES
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WHEREAS, the City Council for the City of Jonesboro feels its current vicious animal definition is insufficient for the needs and use of the City of Jonesboro and;
WHEREAS, it desires to amend said vicious animal provision and change the penalties provided for harboring such an animal.
NOW THEREFORE, BE IT ORDAINED by the City Council for the City of Jonesboro that:
SECTION 1: That Paragraph 6.08.01 of the Jonesboro Code of Ordinances sub-paragraph (e) is amended to provide as follows to-wit:
Vicious animal means any of the following:
(1) Any animal, which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or domestic animal;
(2) Any animal previously determined to be and currently listed as a dangerous animal which, after its owner or custodian has been notified of this determination, continues the dangerous behavior.
SECTION 2: That provisions of 6.08.01 of Jonesboro Code of Ordinance are hereby amended to add the following, to-wit
(1) "Severe injury" means any physical injury to a human being or domestic animal that results in muscle tears or disfiguring lacerations, or require multiple sutures or corrective cosmetic surgery.
SECTION 3: That the provisions of 6.08.02 of Jonesboro Code of Ordinance are repealed in its entirety. That the following language shall be adopted as Paragraph 6.08.02 of the Jonesboro Code of Ordinance:
When, upon investigation, the Animal Control Department determines that an animal is vicious, the Department shall impound the animal and shall notify the owner or custodian of the impoundment and declaration of the animal as vicious within forty-eight (48) hours. If the owner or custodian is unable to be located, written notice shall be posted at the last known address.
If the owner of the animal contests the Animal Control Department=s determination that the animal is vicious, the Animal Control Department shall issue to the owner a citation to appear in the Jonesboro Municipal Court for maintenance of a vicious animal. The animal shall remain in the custody of the Animal Control Department pending the trial and the owner shall be responsible for boarding fees.
An owner or custodian found guilty of violating this section may be required to pay the costs of boarding and veterinary care for said animal and shall be fined no less than $100.00 and no more than $500.00. The animal shall be surrendered to the Department to ascertain whether the animal is rabid or otherwise diseased. Thereafter, the animal shall be euthanized.
If an owner or custodian is convicted of a second or subsequent violation of this section, he or she may be imprisoned in the County jail for up to one year.
It shall be an affirmative defense if the victim or intended victim of any attack has made an unlawful entry into the dwelling of the owner.
This section shall not apply to dogs kept and maintained by a police department or law enforcement agency.
SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed, to the extent of said conflict. Further, in the event any part or portion of the ordinances herein enacted are determined to be invalid or unlawful, the rest and remainder of said provisions are to remain in full force and effect.
SECTION 5: That there being a great need to provide for the safety and well being of the citizens of the City of Jonesboro and the domestic animals that they own that an emergency is declared to exist and this ordinance being necessary for the preservation of peace, of the health, safety and welfare for the citizens of the City of Jonesboro shall be in full force and effect from and after its passage and approval.
PASSED AND ADOPTED this the 18th day of October, 2005.