title
AN ORDINANCE PRESCRIBING CERTAIN RULES AND REGULATIONS WITH RESPECT TO THE CARE AND KEEPING OF DOGS WITHIN THE CITY OF JONESBORO; REQUIRING DOGS TO BE PLACED ON LEASH WHEN NOT CONFINED WITHIN A YARD, BUILDNG OR OTHER ENCLOSURES; MAKING PROVISIONS FOR VICIOUS DOGS; PROVIDING FOR THE VACCINATION AND LICENSING OF DOGS; PROVIDING FOR KEEPING OF DOGS PICKED UP BY THE ANIMAL CONTROL WORKER; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING FOR THE SUMBISSION OF THIS ORDINANCE TO A POPULAR VOTE; AND FOR OTHER PURPOSES (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-78:2084 ON MARCH 6, 1978; ORD-78:1981 ON AUGUST 21, 1978; ORD-82:1826 ON JUNE 21, 1982; ORD-88:1357 ON JUNE 6, 1988; ORD-05:184 ON OCTOBER 18, 2005; ORD-08:072 ON MARCH 17, 2009)
body
BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
Section 1: Definitions: The following words and phrases shall for all purposes of this ordinance have the following meanings:
a. DOGS - When used herein shall include animals of all ages, both female and male, which are members of the canine, or dog family.
b. OWNER - Every person, firm, partnership or corporation, owning, keeping or harboring a dog within the corporate limits of the city.
c. AT LARGE - Any dog not confined to the premises of the owner or within a house or other biding or enclosure or restrained on the premises of the owner by a leash sufficiently strong to prevent the dog from escaping and restricting the dog to the premises, or not confined by leash or confined within an automobile when away from the premises of the owner.
d. VACCINATION - An injection of any vaccine for rabies approved by the State Veterinarian and administered by a licensed veterinarian or agent of the Health Officer.
e. VICIOUS DOG - A dog which has a disposition to bite humans and any dog which has bitten or attempted to bite any person within the six months immediately past; however, the fact that a dog has bitten or attempted to bite some person when that person was teasing the dog shall not constitute the dog a vicious dog within the sense of this ordinance.
f. MUZZLE - When required by this ordinance, a muzzle shall be of appropriate material with sufficient strength to restrain the dog form biting and no such muzzle employed shall be made from and material or maintained on the dog in any manner so as to cut or injure the dog.
g. COLLECTOR - The City Revenue Collector or his duly authorized agent.
Section 2: Vicious Dogs: It shall hereafter be unlawful for any person, firm or corporation to keep within the corporate limits of the city any vicious dog unless the said dog is muzzled or confined in a pen or tied in such a manner that he cannot bite mail carriers, delivery men or other licensees or invitees coming onto the premises.
Section 3: Number of Dogs: It shall be unlawful for any person, firm or corporation to own, keep or harbor more than four dogs over six months old within the corporate limits of the city except that this provision shall not apply to proprietors of dog hospitals and veterinarians when such dogs are kept upon premises used by such dog hospital and veterinarians as their normal place of business. Keeping, on the premises of the owner, of more than four dogs shall be prima facie evidence of violation of this section, and the burden of proof shall be on the owner to show the ages of such dogs.
Section 4: License Fees and Tags: All dogs immediately upon becoming three months of age shall be registered with the City Collector as to sex, breed, name and address of the owner and name of dog. All older dogs kept in the City of Jonesboro shall be registered with the City Collector each year from January 1 through February 16. At the time of such registrations, such owner shall obtain a license for the dog and shall play to the City Collector a fee of $2.00 for each dog. At the time of such registration, such owner shall present satisfactory evidence by exhibiting to the City Collector a valid certificate and metal tag showing that such dog has been duly vaccinated for rabies for the year for which such license is to be issued. The license for such dog shall be good from January 1 to December 31 for the year in which the same shall be issued. It shall be the duty of said owner to cause such license tag to be securely attached around the dog's neck and kept there at all times during the license period.
Section 5: Vaccination: All dogs from two months of age kept in the City of Jonesboro shall be vaccinated at least once a year against rabies, and it is made the duty of all owners of dogs, or persons having the possession or control of dogs within the City to have such animals vaccinated with vaccine against rabies in an amount, quantity and quality to be approved by the State Veterinarian. It shall be the duty of said owner or person having the control of said dog to cause a metal vaccination tag to be securely attached around the dot's neck and kept there at all times.
Section 6: Confinement of Dogs: From and after the passage of this ordinance, any person owning, possessing, or keeping a dog or dogs, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such dog or dogs within an adequate fence or enclosure, or within a house, garage, or other building, or shall confine such dog or dogs by a chain or leash affixed to the dog's collar and attached to some substantial stationary object adequate to prevent the dog or dogs from running at large.
Section 7: Confinement other than on premises of owner: At all times when not confined as stated in Section 6, the owner of any dog or dogs shall confine such dog or dogs within an automobile or by having one end of a rope or leash affixed to substantial stationary object, or held by some person competent to control such dog or dogs.
Section 8: Running at Large: No person owning, possessing or keeping a dog shall allow the same to run at large within the City of Jonesboro.
Section 9: a. Humane Officer: There is hereby created the office of Humane Officer whose salary shall be fixed by the City Council.
b. Appointment of the Humane Officer shall be appointed by the Mayor, subject, however, to the consent and approval of the Jonesboro City Council. The Humane Officer shall exercise the powers and duties as provided such duties as may be delegated to him by the Mayor and/or City Council.
c. CITY DOG POUND: It is hereby made the duty of the Mayor and Humane Officer to provide a suitable place to be known and designated as the "City Dog Pound" to carry out the provisions of this ordinance, and including the construction of a suitable number of individual pens where particular dogs may be kept separate and apart from the remainder.
Section 10: Impounding of Dogs, Destroying of Dogs: The Humane Officer of the City of Jonesboro shall take into custody any dog found at large in the City of Jonesboro, and shall impound the dog in the city dog pound of impoundment. Such impounded dog shall be held for a period of ten (10) days at the end of which time the dog shall be destroyed unless custody of said dog is released prior thereto under the following conditions: During the first six (6) days of such impoundment the Humane Officer of the City of Jonesboro, shall make diligent effort to determine the such dog and notify him of such impoundment. It the owner of such dog fails or refuses to claim and repossess such dog by the payment of the proper fee as prescribed herein within the first six (6) days of such impoundment then the Humane Officer of the City of Jonesboro may deliver custody and possession of such dog to any person other than the owner upon such payment of the fee as prescribed herein between the sixth day of said impoundment and the tenth day of said impoundment.
Section 11: Reclaiming Dogs, Fee for Reclaiming: Any person owning, possessing or keeping a dog which has been allowed to run at large and which has been impounded may claim and retrieve such dog from the City pound y payment of a fee of $5.00 if the dog has been vaccinated within the year next preceding such impounding, and is currently licensed as required by law, or by a fee of $25.00 in the event the dog has not been vaccinated within a years preceding the impoundment, and is not currently licensed. The burden of proof as to vaccination and licensing shall be upon the party attempting to claim the dog from the Humane Officer under this ordinance. Any person claiming unvaccinated and unlicensed dogs shall, after payment of the fee assessed herein, and prior to the release of the dog, sign a promise in writing to the Humane Officer that such person will immediately have the dog vaccinated and licensed if the animal is released to him. The Humane Officer shall keep such statements in a safe place, and should such a statement be signed and the dog be again impounded, and the dog not having been vaccinated and licensed as promised, then the Humane Officer, prior to releasing the dog, shall require a fee of $100.00 to be paid by the person claiming the dog, and require another promise in writing to have the doge licensed and vaccinated before he shall release the dog to the person claiming same. Upon each subsequent impoundment of such dogs, the same not having been vaccinated and licensed, an additional fee of $100.00 shall be assessed.
Section 12: Dogs Suspicion Rabid: Any dog or dogs having rabies, or symptoms thereof, or suspected of having rabies, or which has been exposed to rabies shall immediately be released by the owner or custodian of such dog or dogs to the police or Humane Officer of the City of Jonesboro for the disposal or confinement in the dog pound of the City of Jonesboro, or in a Veterinary Hospital approved by the City. Such dog or dogs shall be immediately and securely confined, by the attachment of a chain of good quality and kept under the supervision of the Humane Officer for a period of thirty days or for a longer period of time if in the opinion of the Veterinarian additional confinement is determined necessary.
Section 13: Barking and Howling: It shall hereafter be unlawful for any person, firm or corporation to keep on his premises, or under his control, any dog which by loud and frequent barking and howling shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where such dog is kept.
Section 14: Inspection and Confinement of Certain Dogs: When any dog has bitten, scratched or otherwise attacked a person, that person or anyone having knowledge of such incident shall immediately notify the Chief of Police or Humane Officer, and such dog shall be confined in the city pound or at a veterinary hospital for a period of ten days at the expense of the owner, or shall be immediately and securely confined by the owner by tying with a chain of good quality for a period of ten days I such a place that no person or animal may be bitten by it and such dog shall during such period of confinement be subject to inspection by the Humane Officer or a licensed veterinarian.
Section 15: Condition of Pen and Premises: It shall be unlawful for any person, firm or corporation keeping or harboring dogs to fail to keep the premises where such dogs are kept free from offensive dog odors to the extent that such odors are disturbing to any person residing within reasonable proximity of the said premises; and it shall be unlawful to allow premises where dogs are kept to become unclean and a threat to the public health by failing to diligently and systematically remove all animal waste from the premises.
Section 16: Notice of Offenses and Violations, Arrest: The Police Department and Humane Officer or persons employed by such departments are authorized, for violation of any portion of this ordinance to give to the offender a notice to appear in the Municipal Court, Criminal Division, of the City of Jonesboro. Such notice to appear shall state the name and address of the violator and the date of the violation shall contain a statement of the nature of the violation and be signed by the person having knowledge of such violation and who is also a member of one of the departments of the City of Jonesboro before mentioned. The notice shall contain a printed statement in which the violator promises to appear in the Municipal Court, Criminal Division, without issuance of any warrant or other process and which statement is to be signed by the violator. Upon failure to sign the agreement to appear, the officer or employee shall swear out a complaint and the usual procedure upon the filing of complaints in the Municipal Court shall govern the arrest and trial of the violator. Upon the violator's signing the agreement to appear and his appearance as set out in the notice, no warrant shall issue for the arrest of the violator.
Section 17: Extension of Time to Reduce Number of Dogs: The provisions of Section 3 of this ordinance shall be unenforceable for a period of three (3) months from and after the adoption of this ordinance, thereby allowing owners ample time to provide for quartering and care of dogs elsewhere than on owners premises, in the event owner owns five (5) or more dogs covered by this ordinance.
Section 18: Penalties and Fines: Any person violating any portion of this ordinance shall be deemed guilty of a misdemeanor and shall be punished, upon conviction, by assessment of a fine of from Five Dollars ($5.00) to Twenty-Five dollars ($25.00).
Section 19: Severability: Should any portion of this ordinance be unconstitutional or invalid and so declared by a court of competent jurisdiction, then the remainder of this ordinance shall not be affected by such partial invalidity.
Section 20: Repeal of Ordinances: All ordinances and portions ordinances in conflict with this ordinance are hereby repealed.
Section 21: Popular Vote: This ordinance is hereby submitted to a vote of the qualified electors of the City of Jonesboro, Arkansas, at the General Election to be held in the City of Jonesboro, Arkansas, at the General Election to be held in the City of Jonesboro on Tuesday following the first Monday of November, 1970.
Section 22: Poplar Election to Control: If a majority of the qualified electors voting on said referred ordinance at such election shall vote in favor thereof, same shall, on the 90th day following such election, take and be in full force and effect and unless a majority of the qualified electors voting therefore at such election shall vote in favor thereof, the same shall be deemed defeated and shall be of no force or effect.
Section 23: Notice Prior to Election: The City Clerk of the City of Jonesboro, and such other officials as are charged with duties relating thereto, shall, before said election, make such publications and give such notices and make such appointments, and do all acts and things in connection with the submission of said referred ordinance to the qualified electors of the City of Jonesboro at said election in the manner and form and at the time prescribed by law.
PASSED and ADOPTED this 15th day of June, 1970.