1867a. ~- ,
ORDINANCE NO. (g6Z
AN ORDINANCE PROVIDING FOR THE LICENSING OF ALL DOGS
AND CATS 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 AND CATS; PROVIDING A PENALTY; PROVIDING FOR
THE REPEAL OF ORDINANCE 432 AS AMENDED BY ORDINANCE 370
AND ALL ORDINANCES IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
ANIMALS
GENERAL PROVISIONS
1:00 DEFINITIONS.
For the propose of this chapter the following definitions shall apply unless the context
clearly indicates or requires different meaning.
ABANDON. Any person in possession of an animal who knowingly refuses to provide care for
the animal as defined by this ordinance.
ANIMAL. Any living creature, domestic or wild.
ANIMAL CONTROL OFFICER. Any person designated by the State of Arkansas or a
AT LARGE. Not under the physical control of the animal's owner or harborer, or his authorized
representative, either by leash, cord, chain, fence or enclosure of sufficient strength or
construction to contain the animal. An animal intruding upon the property of another person or
upon public property and not under the physical control referred to herein shall be deemed
"running at large." An animal within an automobile or other vehicle shall not be deemed "running
at large" if the animal is physically confined to the vehicle. An animal shall not be considered "at
large" when on the premises of the owner or harborer thereof. The term "premises" shall not
include unfenced curtilage.
municipal government as a law enforcement officer who is qualified to perform such duties under
the laws of this state.
ANIMAL SHELTER. Any facility operated by a municipal agency or its authorized agents
for the purpose of impounding or caring for animals held under the authority of this ordinance or
state law.
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CAT. A feline of either sex, including one neutered or sterilized.
CITY. West Memphis, Arkansas.
DOG. A canine of either sex, including one neutered or sterilized.
ENCLOSURE. A fence or structure forming or causing an enclosure suitable to confine a
vicious animal and prevent the animal from escaping.
FARM ANIMAL. Any animal used to create food for consumption, including, but not limited
to, chickens, ducks, geese, guinea fowl, turkeys, hogs (pigs), goats, and cows.
HARBOR. For a period of three days or more, to keep and care for an animal or provide a
premises to which the animal returns.
HUMANE SOCIETY. Specifically the Humane Society of Eastern Arkansas, Inc., or its
successor, or any other organization existing under the laws of the State of Arkansas for the
prevention of cruelty to animals.
kENNEL AND/OR PET SHOP. As used herein, the term "kennel" and "pet shop" shall be
construed to include any individual or establishment for the raising, training, boarding, or selling
of dogs, cats, birds, mice, rats, reptiles, fowl or fish or other small animals for hire or profit.
LICENSE. A permit. issued by the City to indicate that an animal is vaccinated against rabies in
accordance with city ordinance and that the owner or harborer has remitted to the City the levied
permit fee.
PUBLIC NUISANCE. Any animal or animals which:
l . Molests passersby or passing vehicles.
2. Attacks other animals.
3. Trespasses on school grounds.
4. Is repeatedly at large.
5 Damages public or private property.
6. Interferes with refuse collection or spreads trash from refuse containers or molests
meter readers.
7. Barks, whines, or howls in excessive, continuous, untimely fashion.
RESTRAINT. Any animal secured by leash or lead or under the control of owner or
Harborer and obedient to that person's command.
VICIOUS ANIMAL.
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1. Any animal which, when unprovoked, approaches in a manner of attack any person
upon the streets, sidewalks, or any other public ground or place;
?. Any animal with a known propensity, tendency of disposition to attack without
provocation human beings or domestic animals;
3. Any animal which, without provocation, bites or attacks a human being or
domestic animal on public or private property; or
4. Any animal owned or harbored primarily or in part for the purpose of animal
fighting or any animal trained for animal fighting.
Notwithstanding the above definition, no animal shall be declared vicious if the person
attacked or bitten by said animal was teasing, tormenting, abusing or assaulting the animal or was
committing or attempting to commit a crime.
No animal shall be declared vicious if a domestic animal which was bitten or attacked was
teasing, tormenting, abusing or assaulting the animal. No animal shall be declared vicious if the
animal was protecting or defending a human being within the immediate vicinity of the animal
from an unjustified attack or assault.
WILD ANIMAL. Any non-human primate, raccoon, skunk, fox, wolf, coyote, poisonous
snake, leopard, panther, tiger, lion, lynx, or any other warm blooded animal which can normally
be found in the wild state, or the offspring borne to wild animals bred with domestic dogs or cats.
2.00: ANIMAL CARE.
(A) No owner shall fail to provide his animals with sufficient good and wholesome
food and water; shelter which provides protection from the weather including four sides with
opening, roof, and floor; veterinary care when needed to prevent suffering; and with humane care
and treatment.
(B) No person shall cruelly treat any animal in violation of the laws of the State of
Arkansas.
(C) No owner of an animal shall abandon such animal.
(D) Any person who, as the operator of a motor vehicle, strikes a domestic animal
shall, within a reasonable time, report the accident to the appropriate law enforcement agency or
to the local humane society.
(E) No person shall expose any known poisonous substance or toxic chemical whether
mixed with food or not so that the same shall be liable to be eaten by any animal, provided that it
shall not be unlawful for a person to expose, on his property, common rat poison mixed only with
~--~egetable substance.
(F) If any animal is confined by chain, rope, or cable, the restraint must be no less than
10 feet long and so placed that the animal may not intrude on other property, whether public or
private, and provide adequate room for normal postural adjustments and for exercise. The area
where any animal is confined must provide proper and adequate drainage. The restraint must be
placed in a clear area, so animal cannot be injured.
3.00 [RESERVED].
4.00 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION.
(A) It shall be unlawful for any person, pet shop, or kennel to sell, offer to sell, or
expose any diseased or poisonous animal or any animal the sale of which is prohibited by federal
law.
(B) Every place used as a kennel or pet shop shall be kept in a clean and sanitary
condition, and no refuse or waste materials shall be allowed to remain thereon for more than 24
hours. The owner or operator of a kennel or pet shop shall properly treat any diseased animal and
shall properly isolate those animals having a disease contagious to animal or human life; provided,
any animal which is diseased past recovery shall be destroyed. All animals in a kennel or pet shop
shall be humanely treated and properly nourished. Animals shall not be confined in one area in
such numbers that access to food and water is not readily available.
5.00 NOISY ANIMALS PROHIBITED.
It shall be unlawful for any person to keep on his premises or under his control any animal
which by loud or frequent; barking, howling, or otherwise shall disturb the peace and quiet of any
person who may reside within reasonable proximity of the place where such animal is kept.
6.00 ANIMAL WASTE, OFFENSIVE ODORS PROHIBITED.
(A) The owner of an animal shall be responsible for the removal of any excreta
deposited by his animal(s) on public walks, recreation areas or private property.
(B) It shall be unlawful for any person keeping or harboring any animal to fail to keep
the premises where such animal is kept free from offensive odors to the extent that such odors are
disturbing to any person residing within a reasonable proximity of said premises, and it shall be
unlawful to allow the premises where any animal is kept to become unclean and a threat to the
public health by failing to remove waste material from the premises.
7.00 ANNUAL LICENSE AND TAG.
(A)(1) Levy and Amount of License. There is hereby levied and there shall be collected
an annual animal licensing fee in the amount hereinafter provided on each dog or cat owned or
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kept within the City. Said fee shall be paid to the City or to a licensed veterinarian. It shall be the
duty of any licensed veterinarian collecting a fee under the provisions of this section to remit such
fee to the City by the 10th of the month next following the month in which said fee is collected
unless otherwise stated by written contract or agreement with the City.
(2) For each animal the levied fee shall be in the amount of $6.00 annually.
(3) Should a dog or cat be brought into the City, the person owning or keeping such
dog or cat shall have 30 days in which to pay the licensing fee levied hereby. Any person failing
to pay said fee within such period shall be required to pay an additional fee of $5.00.
(4) Veterinarians shall purchase annual animal license forms and tags from the City at
a cost of fifty percent (50%) of the annual animal license fee. Veterinarians shall be permitted to
retain fifty percent (_50%) of the annual animal license fee for their expenses. All completed
receipt books for previously issued animal licenses shall be returned to the City prior to the
purchase of additional animal license forms and tags.
(B) Issuance of License Receipt and Tag. The City official or a licensed veterinarian
to whom the fee levied by subsection (A) above is paid shall issue a receipt therefore and shall
issue to each person paying said fee a metal tag indicating that said fee has been paid; provided a
tag for any dog or cat shall not be issued unless a certificate from a licensed veterinarian is
presented which indicates that said dog or cat has been vaccinated for rabies within one year prior
thereto.
(C) License Period. A license, if not revoked, shall be valid for one year from the
date of issue. Anew license shall be obtained each year by every owner and a new fee paid. An
owner shall have 30 days from the date the license expires to obtain a new license without
penalty. Any person failing to obtain a license within such period shall be required to pay an
addition fee of $5.00.
(D) Tag to be attached to Animal's Collar. It shall be the duty of the owner or keeper
of every dog within the City to attach the tag provided for in subsection (B) to a collar securely
fixed around the neck of said dog. Cats are not required to wear tags. Dogs, specifically
greyhounds, who are actively used for racing are exempt from wearing tags during racing.
(E) Nothing in this section shall be construed to apply to any dog or cat under the age
of four months, or to dogs or cats brought to the City on a temporary basis for show or
exhibition.
8.00 RABIES VACCINATION REQUIRED.
(A) All dogs and cats in the City and other pets which are subject to rabies shall be
vaccinated annually against rabies by an accredited veterinarian. A metal tag evidencing such
vaccination shall be attached to the harness or collar of every dog in the City, by a reasonable
method. Any person who shall keep any pet which is subject to rabies in the City without first
having such pet vaccinated for rabies, at least once a year, shall be guilty of a misdemeanor.
(B) In case a tag for the animal licensing fee or rabies vaccination required by this
chapter is lost or destroyed, a duplicate shall be issued by the City upon presentation of a receipt
or other verification showing payment of said fee or receipt of such duplicate tag. Cost of said
replacement tag is $2.00_ No tag shall be transferable from one animal to another. No refunds
shall be made on any fee from one animal to another. No refunds shall be made on any fee
because of the death of the animal or because the owner leaves the City before the expiration of
the license period.
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9.00 RUNNING AT LARGE PROHIBITED.
(A) It shall be unlawful for the owner or person in charge of any horse, mule, colt,
sheep, cow, calf, bull, jack, jennet, goat, hog, or swine of any kind to permit or suffer the same to
run at large within the corporate limits of the City at any time.
(B) It shall be unlawful for any person owning or having control of any chickens,
turkeys, or other fowl to permit the same to run at large within the City.
(C) It shall be unlawful for the owner or person having charge of any dog or cat to
permit or allow such dog or cat to run at large within the corporate limits of the City at any time.
(D) It shall be unlawful for the owner or person having charge of any dog or cat to
permit or allow such dog or cat to become a public nuisance.
(E) The term "permit" shall include the failure of the owner or person having charge of
said animal to physically restrain the animal. The animal control officer shall be authorized to
enter onto private property for the purpose of impounding an animal found running at large.
10.00 IMPOUNDMENT.
(A) The West Memphis Animal Shelter is authorized to accept from the animal control
officer or any resident of the City of West Memphis, and to impound, any dog or cat found
i-unning at large in violation of this subchapter. The animal control officer shall not be required to
respond to requests to pick up unconfined cats until the person making the request has confined
or restrained the animal so that it can readily be taken into custody by the animal control officer.
The animal control officer may use humane animal traps or tranquilizers to assist in confining the
cat.
(B) Whenever any animal in the animal shelter bears a current City tag, it shall be the
duty of the animal control officer to notify the owner or the person to whom the tag was issued, if
such person or owner can be found, that the animal has been taken up and placed in the animal
shelter and will be destroyed or released to the humane society after ten days unless the fees
hereinafter prescribed are paid. If the owner or person to whom the tag was issued cannot be
tound, the animal control officer shall, by certified mail sent to said person's last known address,
notify said person that the animal has been impounded at the animal shelter, and will be destroyed
or released to the humane society after ten days if the fee hereinafter prescribed is not paid. For
the purpose of this section, the first day of taking up shall be counted as the first day of the
impoundment period provided herein. Unlicensed animal may be destroyed (A) If space is limited
or (B) if animal is suffering from disease or injury with the approval of the Animal Control Officer
in charge and one other party.
1.1.00 REDEMPTION OF ANIMALS.
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(A) After the expiration often days impoundment in the case of a licensed animal, or
the expiration of six days impoundment in the case of an unlicensed animal, said animal shall
become the property of the City, and the City shall be empowered to release said animal to the
humane society or to destroy and dispose of said animal as provided for in 10.00 above. The
animal control officer is hereby authorized to release said animal to the humane society or to
destroy such animal and dispose of the carcass. For the purpose of this section, the day and
precise time of taking up shall be counted as the first day of the impoundment and the time shall
run based on six (6) twenty four (24) hour periods.
(B) An owner reclaiming an impounded animal shall pay the cost of such
impoundment. Said costs are hereby ascertained to be $5.00 for the first impoundment if the
animal has a rabies vaccination and is currently licensed in the city; $15.00 for the first
impoundment if the animal is not currently vaccinated and licensed in accordance with this
ordinance; $25.00 for the second impoundment for the same animal within a twelve month period,
$50.00 for the third impoundment for the same animal within a twelve month period, and $100.00
for the fourth and subsequent impoundments of the same animal within a twelve month period. In
addition to the impoundment fees, a boarding fee of $5.00 per day per animal shall be charged for
each day such animal is impounded in the Animal Shelter, together with the licensing fee on such
animal, if the same has not been paid, plus the cost of having an unvaccinated animal vaccinated
for rabies.
(C) The release of any animal to the humane society pursuant to this ordinance shall be
subject to such terms and conditions as established by the Animal Control Commission.
(D) No unclaimed dog or cat shall be released by the humane society for placement
without being sterilized, or without a written agreement from the recipient guaranteeing that such
animal will be sterilized.
(E) All fees or costs assessed pursuant to this ordinance shall be received by the City
for deposit to the City's general fund and subject to appropriation by the West Memphis City
Council.
12.00 CONFINEMENT WHEN RABIES SUSPECTED.
(A) Upon the request of any person who has been bitten by a dog or other animal
within the corporate limits of the City (or by a parent or legal guardian of a person bitten who is
under a disability), the animal control officer shall take such dog or animal, or a plurality of same
if they are reasonably suspected of the biting, into custody and confine and quarantine same under
the supervision of a licensed veterinarian, who shall keep such dog or animal in quarantine until he
shall issue his certificate that:
He has complied with the observation provisions of Section 3 of Act 11, First
Extraordinary Session of the 1988 Arkansas General Assembly (Rabies Control
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,:
Act); and
2. The dog or other animal appears to be free of infection of rabies (hydrophobia).
(B) Any dog or other animal having rabies or symptoms thereof, or suspected of
having rabies, or which has been exposed to rabies shall be immediately released by the owner or
custodian of such dog or animal to the animal control officer and the animal control officer shall
confine such dog or animal in quarantine as provided for in subsection (A) above.
(C) When the licensed veterinarian supervising the quarantine of any dog or other
animal quarantined under subsections (A) and (B) shall issue the certificate provided for in
subsection (A), the owner of such dog or animal may retake custody of it upon tender to such
veterinarian or the city animal control officer of their customary and reasonable fees and charges
for impounding boarding, lodging, observation and testing; except a person who is bitten by an
animal while baiting, teasing, or molesting said animal or while trespassing on the premises of the
owner or keeper of said animal shall pay all customary and reasonable charges and fees resulting
from his request to have said animal confined and quarantined.
(D) The fee for quarantining an animal at the West Memphis Animal Shelter shall
include board of $10.00 per day, impound fee of $25.00, cost of rabies vaccination and city
license if applicable.
(E) If any dog or other animal confined under subsections (A) and (B) is not reclaimed
by its owner, such dog shall be released by the veterinarian to the animal control officer who shall
treat such dog or animal as one found running at large within the corporate limits of the City. If
animal is vicious it can be destroyed before quarantine time is over, for the protection of shelter
staff.
13.00 VICIOUS ANIMALS RESTRICTED.
(A) All vicious animals shall be confined in an enclosure. It shall be unlawful for any
person to keep or harbor a vicious animal upon any premises which does not have a locked
enclosure.
(B j It shall be unlawful for a vicious animal to be outside of a dwelling or enclosure
unless it is necessary for the owner or harborer thereof to obtain veterinary care for the vicious
animal or to sell or give away the vicious animal or to comply with commands or directions of the
animal control officer with respect to the vicious animal; and, the owner or harborer of an animal
in violation of this section shall be subject to criminal prosecution. In such event, the vicious
animal shall be securely muzzled and restrained with a chain having a .minimum tensile strength of
300 pounds and not exceeding three feet in length, shall be collared with a blaze orange collar,
and shall be under the direct control and supervision of the owner or harborer of the vicious
animal.
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(C) If a complaint has been filed in any court of competent jurisdiction against the
owner or harborer of an impounded animal for violation of this section, the animal shall not be
released except on order of the court, which order may also direct the owner or harborer to pay a
fine and all impoundment fees. Upon a finding that such animal is a vicious animal, the court may
order the animal to be euthanized in a humane manner. Surrender of an animal by the owner or
harborer thereof to the animal control officer shall not render the owner or harborer immune from
the fines and fees prescribed by this chapter.
(D) The provisions of this section shall not apply to animals owned by a law
enforcement agency and used for all enforcement purposes.
14.00 ABUSE OF POLICE DOGS PROHIBITED.
It shall be unlawful for any person to willfully strike, kick, beat, torment, torture, injure,
kill or harass any dog used by any law enforcement agency in the performance of any
departmental functions or duties. Any person convicted of violating this section shall be punished
as provided in Section 18.00.
15.00 KEEPING OF WILD ANIMALS.
(A) No person shall keep or permit to be kept any wild animal as a pet within the
corporate limits of the City.
(B) No person shall keep or permit to be kept on his premises any wild or vicious
animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall
not be construed to apply to zoological parks, performing animal exhibitions, or circuses.
(C) No farm animals shall be allowed to live within the city limits other than those that
are pets. Farm animals considered to be pets are limited to a maximum of two adults of a species.
Farm animals considered as pets are required to meet all other aspects of this ordinance. Nothing
within this subsection shall prohibit or limit the keeping of horses or ponies within the city limits.
ENFORCEMENT
16.00 ANIMAL CONTROL OFFICER.
(A) There is hereby created the office of animal control officer. Candidates for the
Animal Control Officer shall be interviewed by the Animal Control Commission and shall be
recommended to the Mayor for hiring. The Animal Control Officer shall perform the duties as
prescribed by the Animal Control Commission and shall further exercise the powers prescribed by
this chapter. In addition, the animal control officer shall perform such duties as my be delegated
to him by the Animal Control Commission and Mayor.
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(B) The City's animal control officers are authorized to issue a citation to any person
violating any provision of this chapter in the presence of said animal control officer.
17.00 INTERFERENCE WITH ANIMAL CONTROL OFFICER PROHIBITED.
It shall be unlawful for any person to forcibly interfere or forcibly attempt to interfere with
the animal control officer in order to hinder him in the performance of his duties. Further, it shall
be unlawful for any person to refuse to deliver any unlicensed or unvaccinated animal or any
animal observed to be running at large to the animal control officer, or some authorized officer,
upon demand for impounding.
18.00 PENALTY.
(A) Whenever in this chapter an act is prohibited or is made or declared to be unlawful
or an offense or a misdemeanor, or whenever in such chapter the doing of an act is required or the
failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the
violation of any such provision of this chapter shall be punished by a fine of not more than
$500.00 or double that sum for each repetition of such offense, or violation; provided, no penalty
shall be greater or less than the penalty provided for the same or a similar offense under the laws
of the state. If the violation of the chapter is, in its nature, continuous in respect to time, the
penalty for allowing the continuation thereof shall not exceed $250.00 for each day that the same
is unlawfully continued.
(B) Any person violating or failing to comply with any of the provisions of Section
4.00 shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less
than $25.00 or more than $100.00. Each day's violation shall constitute a separate offense.
(C) Any person convicted of violating Section 14.00, Abuse of Police Dogs Prohibited,
shall be punished as provided in subsection (A) of this section or imprisoned in the appropriate jail
for up to 30 days, or both.
19.00 REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict.
PASSED AND APPROVED this day of 1999.
Y
MAYOR WILLI .JOHNSON
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ATTEST:
By
CITY CLERK LIP PARA
SPONSORED BY:
RECEIVED
CIiY CLERKS OFFICE ,~ S \~.
DATE ~'-3-yc;1 Amer~e~J /D~:30gt~
FROM-~ci
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