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370 ORDINANCE NO. 3 70 AN ORDINANCE PROVIDING FOR THE LICENSING OF ALL DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST MEMPHIS, ARKANSAS; PROHIBITING DOGS FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS OF WEST MEMPHIS, ARKANSAS; AUTHORIZING THE IMPOUNDING AND DESTRUCTION OF DOGS; PROVIDING A PENALTY; PROVIDE FOR THE REPEAL OF ORDINANCE 196 AS AMENDED BY ORDINANCE 251; ORDINANCE 199 AS AMENDED BY ORDINANCE 252 AND ALL ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. DEFINITION OF TERMS. As used in this ordinance, unless the context otherwise indicates. (a) "Dog" shall be intended to mean both male and female. (b) "Owner" shall be intended to mean any person or per- sons, firm, association or corporation owning, keeping, or harbor- ing a dog. (c) "At large" shall be intended to mean off the premises of the owner, and not under the control of the owner or a member of his immediate family either by leash, cord, chain or otherwise. SECTION 2. LICENSE AND REGISTRATION REQUIRED. (a) All dogs kept, harbored, or maintained by their owners in the City of West Memphis shall be licensed and registered if over three (3) months of age. Dog licenses shall be issued by the City Clerk and City Veterinarian upon payment of a license tax of S2.00 for each dog. The owner shall state at the time application is made for such license and upon printed forms provided for such purpose his name and address, and the name, breed color and sex of each dog owned or kept by him. The provisions of this section shall not be intended to apply to dogs whose owners are non-residents temporarily within the. city, nor to dogs brought into the City for the purpose of participating in any dog show, nor to "seeing-eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place. (b) Licenses for dogs as hereinabove provided shall be purchased on or before the first day of February of each year for the ensuing year. All licenses purchased during themonth of Febru- ary shall be subject to a penalty of two (2) dollars and thereafter subject to a penalty of five (5) dollars. SECTION 3. TAG AND COLLAR. Upon payment of the license fee, the clerk or city veterinarian shall issue to the owner a license cer- tificate and a metallic tag for each dog so licensed. The tag shall be changed every year and shall have stamped thereon the year for which it was issued. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate will be issued by the clerk upon presentation of a receipt showing the paymentof the li- cense fee for the current year, and the paymentof a fifty (50) cent fee for such duplicate. Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee because of death of the dog or the owners leaving the city before the expiration of the license period. SECTION 4. RUNNING AT LARGE PROHIBITED. No owner or keeper of any dog shall permit such dog to run at large outside the enclosures or boundary lines of the owner or keeper. SECTION 5. IMPOUNDING. It shall be the duty of every police officer or poundmaster or other designated official to apprehend any dog found running at large contrary to provisions of Section ~ and to impound such dog in the City pound or other suitable place. The poundmaster or other designated official, upon receiving any dog, shall make a complete registry, ente~g the breed, color, and sex of such dog and whether licensed. Licensed dogs shall be separated from unlicensed dogs. SECTION 6. NOT ICE TO OWNER AND REDEMPTION. Not later than three (3) days after the impounding of any dog, the owner shall be notified, or if the owner of the dog is unknown, written notice shall be posted for five (5) days at three (3) or more conspicuous places in the City of West Memphis, describing the dog, and the place and time of taking. The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and all costs and charges incurred by the City of West Memphis for impounding thedog and maintenance of said dog. In addition to such charges, the owner shall pay a penalty of Ten Dollars (310.00) for permitting said dog to run at large and requiring same to be impounded. SECTION 7. DISPOSITION OF UNCLAIMED OR INFECTED DOGS. It shall be the duty of the poundmaster to keep all dogs so impounded for a per- iod of six (6) days. If at the expiration of six (6) days from the date of notice to the owner or the posting of notice such dog shall not have been redeemed, it may be destroyed. Any unlicensed dog required by law to be licensed, or any dog which appears to be suf- fering from rabies or affected with hydrophobia, mange or other in- fections or dangerous disease shall not be released but may be forwith destroyed. SECTI~ 8. UNCLAIMED DOGS FOR SCIENTIFIC PURPOSES. Whenever any hospital or reputable institution for learning shall apply to the City of West Memphis for permission to use for research purposes in the study of prevention of disease, or the betterment of mankind, any impounded dog or dogs remaining unclaimed, the city shall request the poundmaster to surrender to the institution or hospital such unclaimed dogs as it has requested, and they shall be so surrendered. SECTION 9. MUZZLING. Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the mayor, if he deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog, to confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs noticeably infected with rabies and displaying vicious propensities shall be killed by the poundmaster without notice to the owner. Dogs impounded during the first two (2) days of such proclamation shall, if claimed within five (5) days, shall be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for in Section 5 of this ordinance. If unclaimed after that period, such dog may be summarily destroyed. SECTION 10. RABIES-NOTICE. If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the owner's premises, and shall be placed under the observation of a veterinarian at the ex- pense of the owner, for a period of two (2) weeks. The owner shall notify the poundmaster of the fact that his dog has been exposed to rabies, and at his discretion the poundmaster is empowered to have such dog removed from the owner's premises to a veterinary hospital and there placed under observation for a period of two (2) weeks, at the expense of the owner. It shall be unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off his premises or beyond the limits of the city without written permission of the poundmaster, or the city veterinarian. Every owner, or other person, upon assertaining a dog is rabid, shall immediately notify the pound- master or a policeman who shall either remove the dog to the pound- or summarily destroy it. f ~ ~ SECTION 11. VACCINATION. It shall be unlawful for the owner of any dog to keep, maintain, or allow such dog to remain on his premises unless it shall have been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine, within one (1) year preceding the date on which such dog is kept, maintained, or allowed to run at large. SECTION 12. PENALTIES. Any owner found violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than five (5) nor more than one hundred (100) dollars for such offense. SECTION 13. REPEAL OF CONFLICTING ORDINANCES. All existing ordinances of the City of West Memphis are hereby repealed insofar as they may be inconsistent with the provisions of this ordinance. SECTION 14. SEPARABILITY OF PROVISIONS. It is the intention of the City Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforcable. SECTION 15. This ordinance shall be in full force and effect from and after its passage. ADOPTED this 7 day of !)') A l , 1959. MAYOR ~-- / CITY CLERK