1902ORDINANCE NO. ~ D~.
AN ORDINANCE PERTAINING TO THE KEEPING OF VICIOUS
DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST
MEMPHIS, ARKANSAS; PROVIDING FOR PENALTIES FOR
VIOLATIQ'NS; AND FOR OTHER PURPOSES.
WHEREAS, Ordinance 1867 was adopted on May 6, 1999, as a comprehensive animal
control ordinance and it contained regulations pertaining to vicious dogs which, by implication,
repealed the vicious dog regulations contained in Ordinance 1388; and
WHEREAS, the members of the Animal Control Commission have requested that the
vicious dog regulations as provided in Ordinance 1388 be readopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Definitions:
A. "Vicious dogs" means:
1. Any dog with a propensity, tendency or disposition to attack, cause injury or
otherwise endanger the safety of human beings or any domestic animals as
evidenced by its habitually or repeated chasing, snapping or barking.
2. Any dog which attacks a human being or any domestic animal without
provocation.
3. Any dog owner or harbored primarily or in part for the purpose of dog fighting
or any dog trained for dog fighting.
B. "Registered vicious dog" means:
1. One which is registered with the city clerk in accordance with the standards set
forth in Section 2 of this Ordinance.
SECTION 2. Keeping of registered vicious dogs. From and after the effective date of
this ordinance, the following standards shall apply to the keeping of vicious dogs within the City
limits, whether such dog is at the time of the effective date of the ordinance within the City limits
or so exists at a future date.
A. Regist. ation Requirements. Within thirty days from the effective date of
this ordinance, or within thirty days from the date any vicious dog is born
within or brought into the City, the owner of said vicious dog shall register
same with the City Clerk on such registration forms as may be prepared by
the City Clerk.
B. Leash and Muzzle. No person shall permit a vicious dog to go outside its kennel
or pen unless such dog is securely leashed with a leash no longer than four feet in
length. No person shall permit a vicious dog to be kept on a chain, rope or other
type of leash outside its kennel or pen unless a person is in physical control of the
leash. Such dogs may not be leashed to inanimate objects such a trees, posts,
buildings, etc. In addition, all vicious dogs on a leash outside the animals's kennel
or pen must be muzzled by a muzzling device sufficient to prevent such dog from
biting persons or other animals.
C. Confinement. All registered vicious dogs shall be securely confined indoors or in a
securely enclosed and locked pen or kennel or structure which must have secure
sides and a secure top attached to the sides. All structures used to confine
registered vicious dogs must be locked with a key or combination lock when such
animals are within the structure. Such structure must have a secure bottom or
floor attached to the sides of the pen or the sides of the pen must be embedded in
the ground not less than two feet. All structures erected to house vicious dogs
must comply with all zoning and building regulations of the City. All such
structures must be adequately lighted and ventilated and kept in a clean and
sanitary condition.
D. Confinement Indoors. No vicious dog may be kept on a porch, patio or in any part
of a house or structure when the windows are open or when screen windows or
screen doors are the only obstacle preventing the dog from exiting the structure.
E. Sins. All owners, keepers or harborer of registered vicious dogs within the City
shall within ten days of the effective date of this ordinance display in a prominent
place on their premises a sign easily readable by the public using the words
"Beware of Dog". In addition, a similar sign is required to be posted on the kennel
or pen of such animal.
F. Insurance. All owners, keepers or harborers of registered vicious dogs must
within ten days of the effective date of this ordinance provide proof to the West
Memphis City Clerk of public liability insurance in an single incident amount of
Fifty Thousand Dollars for bodily injury to or death of any person or persons and
for damage to property owned by any persons which may result from the
ownership, keeping or maintenance of such animal. Such insurance policy shall
provide that no cancellation of the policy will be made unless ten days' written
notice is first given to the West Memphis City Clerk.
G. Identification Photographs. All owners, keepers or harborers of registered vicious
dogs must within ten days of the effective date of this ordinance provide to the
City Clerk two color photographs of the registered animal clearly showing the
color- and approximate size of the animal.
H. Reporting~Re~uirements. All owners, keepers or harborers of registered vicious
dogs must within ten days of the incidents below, report the following information
in writing to the West Memphis City Clerk as required hereinafter.
1. The removal from the City or death of a registered vicious dog.
2. The birth of offspring of a registered vicious dog.
3. The new address of a registered vicious dog owner should the owner move
within the City limits.
Sale or Transfer of Ownership Prohibited. No person shall sell, barter, or in any
other way dispose of a vicious dog registered with the City to any person within
the City unless the recipient person first complies with registration and other
requirements herein.
I. Rebuttable Presumption. There shall be a rebuttable presumption that any dog
registered with the City as a vicious dog is in fact a dog subject to the
requirements of this ordinance.
K. Failure to Comely. It is unlawful for the owner, keeper or harborer of a vicious
dog registered with the City to fail to comply with the requirements and conditions
set forth in this ordinance. Any dog found to be the subject of a violation of this
ordinance shall be subject to immediate seizure and impoundment. In addition,
failure to comply will result in the revocation of the registration of such animal
resulting in the immediate removal of the animal from the City.
L. Violations and Penalties. Any person violating or permitting the violation of any
provision of this ordinance shall, upon conviction, be fined a sum not less than
Two Hundred Dollars and not more than One Thousand Dollars. In addition to the
fine imposed the court may sentence the defendant to imprisonment for a period
not to exceed thirty days. In addition the court shall order the registration of the
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subject vicious dog revoked and the dog removed from the City. Should the
defendant refuse to remove the dog from the City the court may find the defendant
in contempt and order the immediate confiscation and impoundment of the animal.
Each day that a violation of this ordinance continues shall be deemed a separate
offense. In addition to the foregoing penalties, any person who violates this
ordinance shall pay all expenses, including shelter, food, handling, veterinary care
and testimony necessitated by the enforcement of this ordinance.
SECTION 3. Repealer. Section 13.00 of Ordinance 1867 and all ordinances or parts of
ordinances in conflict herewith are hereby repealed to the extent of any such conflict.
SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
PASSED AN>u APPROVED this ~ day of ~['~M,hE/' , 1999.
WILLIAM H. JOHNSO ,MAYOR
ATTEST:
PHILLIP ,CITY CLERK
SPONSORED BY:
RECEBVED
CITY CLERKS OFFICE
DATE l L -! S - ~g 9 ' vv,.~,r.L
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