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
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CITY CLERK