File #: ORD-16:077    Version: 2 Name: Amend Code of Ordinances concerning pot-belly pigs
Type: Ordinance Status: Filed
File created: 10/26/2016 In control: Public Safety Council Committee
On agenda: Final action: 11/15/2016
Title: AN ORDINANCE TO AMEND ORDINANCE 10-7 KEEPING OF SWINE TO ALLOW FOR THE KEEPING OF POT-BELLY PIGS IN THE CITY OF JONESBORO
Indexes: Code of Ordinances amendment
Code sections: Chapter 10 - Animals

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AN ORDINANCE TO AMEND ORDINANCE 10-7 KEEPING OF SWINE TO ALLOW FOR THE KEEPING OF POT-BELLY PIGS IN THE CITY OF JONESBORO

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WHEREAS, the City Council of the City of Jonesboro, Arkansas desires to make an exception in the restrictions against owning swine in the city limits of Jonesboro, Arkansas to allow for the keeping of pet pot belly pigs; and

 

WHEREAS, Ordinance 10-7 pertains to the keeping of swine and should be amended.

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:

 

SECTION ONE:  That language of Ordinance 10-7 shall be deleted and it shall be replaced with the following language:

 

Section 1:  It shall be unlawful to keep any live swine within the corporate limits of the city.

 

Section 2:  Miniature pot-bellied pigs are increasing in popularity as domesticated pets and the keeping of not more than two such animals on any single family residentially zoned property, (AG, RR, RS1 thru RS8) is permitted in the City. Pigs are excluded and not kept in Multifamily and Commercial areas (RM4-RM16, RMH, CR1 and C1-C4). However, as such animals are still livestock notwithstanding size, the keeping of such animal needs to be closely regulated and controlled to ensure that such animal does not become a nuisance or danger to the general public and the neighborhood in which it is kept. The City Council finds that the keeping of potbellied pigs so as not to create a nuisance can be reasonably accommodated by licensing and other restrictions.

 

Section 3:  For the purposes of this chapter, the words "pot-bellied pig" shall mean a domesticated miniature Vietnamese, Chinese or Asian pot-bellied or pot-belly pig.

 

Section 4:  The provisions of this Chapter shall be administered and enforced by the City's duly appointed and acting Animal Control Director as defined by this Title and the officers of Animal Control. In addition, the provisions of this Chapter may be enforced by any law enforcement officer or code compliance officer of the City.

 

Section 5:  It is unlawful for any person to own or have custody, control or possession of any pot-bellied pig within the City unless such pig is licensed pursuant to the provisions of this Chapter within thirty (30) calendar days upon said pig's entry to the City and unless said pig complies with the regulations as set forth in this Chapter.

 

Section 6:  Any person owning or having custody or control of a pot-bellied pig within the City may obtain a license for such pig from the Animal Control Director in accordance with the following procedures:

 

A. Application. File with the Animal Control Director an application on a form provided by the City which shall contain the following information:

1. The name and address of the applicant and the address of the property upon which the pot-bellied pig is to be kept;

2. The name, age and weight of the pot-bellied pig including any identifying marks or tattoos and photo;

3. Such other information as the Animal Control Director deems appropriate:

 

B. License Fee. The application shall be accompanied by a nonrefundable license fee in an amount as may be established by resolution of the City Council.

 

C. Veterinary Certification. The application shall be accompanied by a statement signed by a licensed veterinarian certifying that the pot-bellied pig has been spayed/neutered, that the pig is in good health and has received all necessary vaccinations, and the height and weight of the pig. Such certification shall be no older than thirty calendar days when submitted to the Animal Control Director.

 

D. Letter from all residents that reside within 300 ft of property of pot-bellied pigs owner, acknowledging  and having no objection to pot-bellied pig residing in neighborhood.

 

E. Issuance of License. The Animal Control Director shall issue a license for the keeping of a pot-bellied pig on a lot within the City zoned for such use upon the filing of a completed application and a finding that the animal meets the requirements set forth in this chapter.

 

F. Term of License. Any license issued pursuant to this chapter shall be valid for a period of one year from the date of issuance; provided, however, any license expiring on a Saturday, Sunday or holiday, shall be valid until the next work day. If pig(s) are moved from the permitted area then owner will notify Animal Control within 10 days of the moving and relocation of pig(s).

 

G. Renewals. Any license issued pursuant to this chapter may be renewed for periods of one year each upon the filing of an application for such renewal with the Animal Control Director accompanied by a nonrefundable renewal fee in an amount as may be established by resolution of the City Council. The renewal application shall be on such form as provided by City. The Animal Control Director shall issue such renewed license unless it is found that the pot-bellied pig is not in compliance with the regulations of this chapter.

 

Section 7:  The owner or person having custody, control or possession of a pot-bellied pig within the City shall comply with the following regulations:

 

A. Pot bellied pig must be registered through a bona fide pot bellied or miniature pig registry.

 

B. Spayed/Neutered. The pot-bellied pig shall be spayed or neutered between 8 -12 weeks of age.

 

C. Weight. The pot-bellied pig shall not weigh more than one hundred seventy five pounds.

 

D. Height. The pot-bellied pig shall not exceed 22 inches in height as measured from the shoulder of said animal.

 

E. Tusk. A pot-bellied pig must have their tusks maintained to a length of no more than ½ inch from gum line.

 

F. Animals shall be examined by a veterinarian within a period of thirty (30) days prior to a new or renewal license application being filed. The animal may be licensed only upon written statement from a veterinarian as to:

1. The animal's weight, height and tusk exam

2. The animal has received all recommended vaccinations and boosters.

3. The animal is a-symptomatic respecting disease or has a disease which is not contagious and is receiving appropriate treatment.

 

G. Confinement on Premises. Each pot-bellied pig shall be provided with a fenced yard designed to assure that the animal is confined and managed in a safe, clean and odor-free manner when out-of-doors. Feces will be picked up and removed on a daily basis. Notwithstanding any other provision of this code, the pot-bellied pig must be kept as a pet in the residence on the lot upon which said pig resides. A pig cannot be kept outdoors on a permanent basis.

 

H. Leash Requirements. Each pot-bellied pig while on a street, sidewalk or other public place shall be restrained by a harness and leash or similar restraint not longer than six feet in length held by a competent person. Harness shall have a tag or plate bearing the owners name and address and current state rabies tag attached.

 

Section 8:  The license for a pot-bellied pig issued pursuant to this chapter may be revoked by the Animal Control Director upon the finding that the provisions of this chapter have been violated and not corrected within ten calendar days of issuance by the Animal Control Director or a officer of the Animal Control Director of a notice of such alleged violation or within such longer period as may be specified in the notice of violation. Upon failing to correct the violation within the required time, the Animal Control Director shall issue a written notice of the revocation of the license and the pot-bellied pig must be removed from the City within ten calendar days thereafter or such longer period as may be set forth in the notice of revocation.