May 7, 1959'D:Iv'UTES OF REGUiAP. ~WETING CF THE CITY COUNCIL OF THE CITY OF WEST PiEMPHIS, A.RIST,IdSAS,
HELD AT THE CITY $rT4 IT7 SAI: Cam' ~~'_Tr1i^ 7TH DAl_.0 rmY._.13.5..,_AT_a~_~ Ti..__..._
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On the 7th day of Nay, 1959, the City Council of the City of West T~~mphis, Arkansas,
met in the City Hall in said City in regular session. The meeting was called to order at
7:30 oicloc:*. ?.i, trP- the iayour, and on t"re roll c2i1 the fc•llo:,ring me*~t~rs of the council
were _"sand to be present:
Aldermen: J. D, Rimes, R, H. Fay, Jr., 1. E.::oleson, Y, G. Sims, James Bledsoe,
G. I. Bollinger, B. J. David, and Bob ?:den; and City Attorney
iti. H. Dillahunty,
Absent : Nore .
The follalr_rjg proceedings were had to=grit:
lKi.nutes of Council :ieetings or. April 16ti: and 29t4. tre_^e approves as read,
An ordinance entitled "An Grdinance Providing For The Licajsi:jg Cf All Dogs Wit?": n The
Corporate Limits Of The City of West Memphis, A kansas; FroAibiting Dogs From Running At
Large Within The Corporate Limits Of 'nest piemph~s, Arkansas; Author=zing the .impounding And
Distraction 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,° read the first time en April 2nd and the second time on 11pri1 16th was read the
third time. After discussion, Alderman Bollinger moved that the ordinance as read be adopted.
This motior, was duly seconded by Alderman Eden, and on the roll being called the following
vote was recorded:
Ayes: Aldermen: Rimes, Ray, Roleson, Sims, Bledsoe, Bollinger, David, and Eden.
Nays: P7one,
The Thayor dec]ared that the orcLnance had boon adopted, and thereupon he signed the
ordinance in open Council meeting, his signature wzs attested by the City Clerb: under the
seal of the City. The ordinance to which no amendment w8s offered read as follows:
ORDINANCE N0, 370
AN ORDINANCE PROVIDING FOR THE LICENSING OF ALL DOGS 6JITHIN TIC COR?0?ATE r.T".D:TS OF THE
CIT1C OF WEST MEMPHIS, ARISANSAS, PROHIBITING DOGS FROM RUNNIIdG AT LARGE WITHIN TIE CORFOR47'E
LIMITS OF WEST THIS, AR;r.ANSAS: AUTHORIZIlUG THE I?fFOUN!'iITdG AND DESi'~UCTIOTI OF DOGS:
PROVIDING A PENALTY: PROVIDE FOP. TITv REPEAL OF ORDINANCE 196 AS AI~GNDED BY ORi1I:7ATdCE 251;
ORDINANCE 199 AS APIENDED BY ORDINANCE 252 AND ALL ORD%VANCES IN COI~'LICT THGR.Ft•IITH.
BE IT ORDAINED BY THE CITY COUNCIL OF T1I: CITY OF WEST 1"7EI~L''HIS, AFiXAcISAS:
SECTION 1. DEFINITION OF TERMS, As used in this ordinance, unless the context otherwise
inc'~ica•~s.
(a) "Dog" shall be intended to mean both male and female,
(b) "Owner" shall be intended to mean any person ar parsons, firm, association
or corporation owning, keeping, or harboring a dog.
(c) "At ]arge" shall be intended to mean off the premises of the owner, and not
under the control of the owner or a member of lis immediate family either by leash, cord, chain
or otherwise.
SECTION 2. LICENSE AND REGIST~tATION REQUIRED.
(a) :.11 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 licensos
shall be issued by the City Glsrk and City Veterinarian upon payment of a license tax of
:2,00 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 provisisiona 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-age"
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 the
month of February shall be subject to a penalty of two (2) dollars an3 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
s issue to the owner a license certificate 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.
Ever; owner shall be required to provide each dog with a collar to which the license tag must be
affixed, and shall see that the dollar 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 receipv showing tije
payment of the license fee for the current year, and the payment of 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 ar~v dog license fee because of death of the dog or the owners leaving the city before
the expiration of the license period.
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~ECTICN !~. RUN^1ING AT LARGE PROHIBTTED. No owner or keeper of arty dog shall permit
such dog to run at large outside the enclosures or boundary lines o£ the owner or
keeper.
SECTION 5. IMPOUNDING. It shall be the duty of every police officer or poundmaster
or other designated official to apprehend arty dog found running at large contrary to
provisions of Section 1t and to impound such dog in the City pound or other suitable
place. The poundmaster or other designated official, upon receiving arty dog, shall
make a complete registry, entering the breed, color, and sex of such dog and whether
licensed. Licensed dogs shall be separated from unlicensed dogs.
SECTION 6. NOTICE TO OWNER AND REDF7IPTION. 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 con-
spicuous places in the City of West Memphis, describing the dog, and the place and
time of taking. The owner of arty 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 14emphis for impounding the dog and maintenance o£ said dog. In addition to such
charges, the owner shall pay a penalty of Ten Dollars ($10.00) for permitting said
dog to run at large and requiring same to be impourrled.
SECTION 7. DISPCLSITION OF UNCLATi~IF.D OR INFECTED DOGS. It shall be the duty of the
poundmaster to keep all dogs so impounded for a period 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 dcstroyed. At~y unlicensed
dog required by law to be licensed, or a[ry dog which appears to be suffering from
rabies or affected with hydrophobia, mange or other infections or dangerous disease
shall not be released but may be foswith dcstroyed.
SECTION 8. UNCIAI~~'ED DCXiS FOR SCIEitiTIFIC PURPOSES. Whenever any hospital or repu-
table institution for learning shall aaply to the City of West Memphis for permission
to use for research purposes in the study of prevention of disease, or the better-
ment 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 surrerriered.
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 proclama-
tion 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. Ally 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 poundmastcr 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-NOTIBE. If a dog is believed to have rabies or has becn 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 expense 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 owners premises to a
veterinary hospital and there placed under observation for a period of two (2) weeks,
at the expensc of the otianer.
It shall be unlawful for any person knoxing or suspecting a dog has rabies
to allow such dog to be taken off his premises or beyond the limits of the city without
xritten permission of the poundmaster, or the city veterinarian. Every owner, or other
person, upon ascertaining a dog is rabid, shall immediate]y notify the poundmaster or
a policeman who shall tither remove the dog to the pound or summarily destroy it.
SECTION 11. VACCINATION. It shall be unlawful for the bwner of any dog to keep,
maintain, or allox such dog to remain on his premises unless it shall have been
vaccinated by a licensed veterinary surgeor. with anti-rabies vaccine, within one (1)
year preceding the date on which such dog is kept, maintained, or alloyed to run at large.
SECTIOtd 12. PENALTIES. Aryy owner found violating an<y 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 ORDINAI~E5. All existing ordinances of the City of
West Memphis are hereby repealed insofar as they may be inconsistent with the provi-
sions of this ordinance.
SECTION ]li. SEPARABILITY OF PROVISIONS. It is the intention of the City Council that
each separate provision of this ordinance shall be deemed independent of all othcr
provisions herein, and it is further the intention of the City Council that if aqy
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.
yri,~tH~r~t:-~t~
Mayor Price bought to the Couneil~s attention that the ordinancc will not be
in effect until it has been published under state lax, and the City can not have
the ordinance published at this time due to court order issued by Judge Ward of
the Chancery Court of Crittenden County as an alderman owns stocY, in the Crittenden
Publishing Company, and said company 3s the only newspaper in Crittenden County
that is of legal circulation.
Mayor Price recommended to the Council the reappointment of Glenn May, Harvey
White, Joe McKay, and W. Perrino as members of a Board of Examiners for Plumbers
for a term of one year in accordance with Ordinance No. 354. After consideration,
Alderman David moved: That the recommendation of the Mayor of appointment of
members of Board of Examiners for Plumbers be approved. The motion was seconded
by Alderman Ray, and the following vote was recorded:
Ayes: Aldermen: Rimes, Ray, Roleson, Sims, Hledsoe, Bollinger, David, Eden.
Nays: None.
Mayor Price recommended to the Council the reappointment of Glenn May, Harvey
White, and W. Perrino, and the appointment of Joe McKay as a new member of a
Board for Examining Gas Fitters for a term of one year in accordance with Ordinance
No. 355. After discussion, Alderman Rimes moved: That the recommendation of the
Mayor of appointment of members of Board of Examiners for Gas Fitters be approved.
The motion was seconded by Alderman Rimes, and the following vote xas recorded:
Ayes: Aldermen: Rimes, Ray, Roleson, Sims, Bledsoe, Bollinger, David, Eden.
Nays: None.
Mayor Price informed the Council the National Institute of Municipal Clerks
Conference will be held in Miami, Florida, May 17-21, and Mrs. Sarah Smith,
Assistant City Clerk and Jean Hillcncamp, Municipal Court Clerk, are aembers of
the organization and Jean Hillencamp had been appointed to serve on the Resolutions
Committee. Also, the expense for both to attend xill bt approximately $SDD.DD,
and this amount had not been set-up in the budget for 1959. After discussion,
Alderman Rimes moved that an appropriacion of $500.00 be made Sor expenses for
Mrs. Sarah Smith and Jean Hill encamp to attend the Conference. The motion was
seconded by Alderman Eden, and the following vote xas recorded:
Ayes: Aldermen: Rimes, Ray, Roleson, Sims, Bledsoe, Bollinger, David, Eden.
Nays: None.
Mayor Price presented request of Police Department for permission for officers
to work at the dog track during racing season. The rotating of shifts that is now
in effect that would permit each 7-3 shift to work during the 110 days racing
season. After discussion, the matter xas held in abeyance until the next meeting
of the Council.
Mayor Price informed the Council the Arkansas Highway Department in the construc-
tion of the Ingram Boulevard overpass has blocked Thomas Stbeet north of Highway 61
By-pass and Wheeler Street south of Highway 61 Byuass, and that he had been conferr-
ing xith members of the Department on the matter and also the construction of
curbing at the Missouri Avenue and Broadway intersection, and will have a report at
a later date.
Alderman David requested information as to the parking of house trailers in
West Memphis. Tht interpretation o£ the ordinance governing house trailers was
discussed, and City Inspector Perrino was instructed to confer with City Attorney
Dillahunty on the matter.
There being no further business to come before the meeting, Alderman Bledsoe
moved the meeting adjourn, which motion was duly seconded by Alderman Bollinger,
and the following vote was recorded:
byes: Aldermen: Rimes, Ray, Roleson, Sims, Hledsoe, Bollinger, David, and Eden.
Nays: None.
The Chairman thereupon declared the meeting adjourned.
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:l~.~X .
MAYOR
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ATTE f~~Y~~LERK _ C.-
APPROVED: R_cy IcSc