1811
ORDINANCE NO.~ ~ I
AN ORDINANCE TO CREATE AN ANIMAL CONTROL COMMISSION
HEREINAFTER KNOWN AS TAE WEST MEMPHIS ANIMAL CONTROL
COMMISSION, TO PROVIDE FOR COMMISSION MEMBERS, TERMS, AND
VACANCIES, TO PROVIDE FOR THE RESPONSIBILITIES AND DUTIES OF
THE COMMISSION, DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES.
WHEREAS, there is not an ordinance in the City of West Memphis that provides for an
Animal Control Commission; and
WHEREAS, it is the desire of the City Council to create an Animal Control Commission
to administer animal control regulations for the City of West Memphis, Arkansas;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Creation and AQpointment of Animal Control Commission. There is
hereby created the West Memphis Animal Control Commission, hereinafter known as the Animal
Control Commission, to be composed of five (5) members who are qualified electors in the City
of West Memphis. The initial members of the Animal Control Commission shall be appointed by
the Mayor from a list provided by the Humane Society of Eastern Arkansas, Inc., containing a
minimum of twenty (20) names of individuals who expressed a willingness to serve, subject to
confirmation by a majority vote of the City Council. Two of the initial Commission members shall
serve for three (3) years, two of the initial Commission members shall serve for two (2) years, and
one of the initial Commission members shall serve for one (1) year, with those positions to be
drawn randomly, and thereafter, upon the expiration of the respective terms commissioners
appointed by the Mayor and approved by a majority vote of the City Council, shall each be
appointed to a term of three (3) years. At all times, at least one member of the Commission shall
be a member of the Humane Society of Eastern Arkansas, Inc., or its successor.
SECTION 2. Removal of Commissioners. Commission members appointed under the
provisions of this Ordinance may be removed for cause upon atwo-thirds (2/3) vote of the duly
elected and qualified members of the City Council.
SECTION 3. Meetings of Commissioners. The Animal Control Commission shall hold
its initial organizational meeting within ten (10) days after the appointment of the commissioners
and shall elect a chairman. The chairman shall serve until the expiration of his/her term, at which
time a successor shall be elected. The Commission shall meet at least once every three (3)
months, but other meetings may be held at any time by the Commission upon call by the chairman
or upon call by the Mayor of the City.
SECTION 4. Duties and Powers. The Animal Control Commission appointed under this
Ordinance shall have full and complete authority to manage, operate, maintain, and keep in a good
state of repair the West Memphis Animal Shelter, its related properties and facilities, including the
right to employ or remove assistants, dog catchers, animal control workers, or other animal
control employees. In addition, the West Memphis Animal Control Commission shall have full
and complete charge of the issuance and collection of city dog licenses and to promulgate such
rules and regulations for their distribution and collection as may be appropriate. The Commission
shall supervise and control, and shall cooperate with the local veterinary clinics relative to rabies
inoculations required by state statute. Further, the Animal Control Commission shall have full and
complete authority to provide for the enforcement of the animal control ordinance and subsequent
amendments, and shall have the authority to adopt rules and regulations necessary for the proper
implementation and enforcement thereof.
SECTION S. Use of Revenue. The Mayor and City Council shall appropriate funds from
the general revenues of the City as the City deems necessary to accomplish the function of the
animal control program. All revenue derived from the operation of the animal shelter and from
the sale of city dog licenses shall be deposited in the City general fund in accordance with
Arkansas state law. The commissioners shall furnish to the City a Five Thousand and No/100
Dollar ($5,000.00) surety bond which will serve to insure the City against any misappropriation or
mishandling of funds. The premium on said bond shall be paid from moneys in the animal control
fund.
SECTION 6. Purchase of Sunalies and Equipment. All purchases made by the Animal
Control Commission shall be made through the appropriate purchasing procedures as established
by the City of West Memphis, Arkansas.
SECTION 7. Records and Reports. The Animal Control Commission shall keep
records and shall submit monthly reports beginning one (1) month after the commissioners take
the oath of office, and each month thereafter report in full on the operations of the animal control
shelter, including an account of all receipts and disbursements incurred in the operation of the
animal shelter and related properties to the Mayor and City Council, and shall furnish such other
and further reports, data, and information as may be requested by the Mayor and City Council.
SECTION 8. Repeal of Conflicting Ordinances. All ordinances and/or parts of
ordinances in conflict herewith are hereby repealed to the extent of such conflicts.
SECTION 9. Separabili~ of Provisions. The provisions of this Ordinance are hereby
declared to be separable, and if any section, phrase or provision of this Ordinance for any reason
is declared to be invalid, such declaration shall not effect the validity of the remainder of the
sections, phrases, or provisions.
SECTION 10. Emergency Clause. It is hereby declared by the City Council of the City
of West Memphis, Arkansas, that the City of West Memphis is in need of an Animal Control
Commission to administer animal control regulations for the health, safety, and weif~re of its
citizens, to provide a refuge and adoption service for homeless and deserted animals, acid to
prevent cruelty to animals. Therefore, this Ordinance is necessary to preserve the public peace,
health, and safety, and an emergency is hereby declared to exist and this Ordinance shall take
effect from and after its passage and approval.
PASSED AND APPROVED this JrTFF day of FE'8fiv~Qt2y , 1998.
(.C.~ ~b16'tt.~a--
AL BOALS, Mayor
ATTEST:
~ ~L cE~,,lc__
DAN C T, City Clerk ~ G
RECEIVED
CITY CLERK OFFICE
DATE ~" 3 ' 9 8 9 ~ ~' '~'~
~a-
,~ P. z~3
FEB 02 '98 1853 DAN RITC~iEY
IN TSE CHANCERY COURT OF
CRITTENDEN COUNTY, ARKANSAS
SUMAt~iE SOCIETY QF _ phii,I1~TZFF
$A,l3TE'RN ARK~i8A5, INC.
-vs- No. E 96-7i.Q
CITY OP WEST MEMPHIS, A~NSAS; •
MAYOR AL SORLS; CHIEF 'W. A. WREN;
and RICKY McKAY, In their official D$F~A~rrs.
capacities
BS:$
Plaintiff , HUI4ANE SOCIETY OF EASTERN ARKANSAS ~ INC. , by and
through its attorney. Daniel d. Ritchey, and defendants, CITY OF
WBST'MEItPHIS; ARKANSAS; bIAYOR A~, BOI~+&; CIiI&F W. A. WREN;• and ~tICKY
McRAY, by and through their attorney, David C. Peoples, City:
Attorney, agree as follows:
1. The contempt ,action and the hearing on the merits
scheduled in th~,a matter for February 3, 1998, should be continued
by mutual agreement of the parties, to allow time for implements-_
tion of a proposed Settlement Agreement.
Z. The parties sha11 continue to be bound by the terms of:
thQ Agreed Temporaxy Ordex previously entered herein.
~ . All pending issues shall be reserved without prejudice to
either party. ~ .
1 4. At the next regularly scheduled City Council meeting, the
Mayor and Chief of Police shall make agood-faith effort to present
and affirmatively support and promote passage of an ordinance to
oreate a west Memphis Animal Control Commission. This ordinance
shall be siailar in language and intent to an ordinance which is
attached hereto.
The initial members of the West Memphis Animal Control
Commission shall be appointed by the Mayor from a lifit provided to.
• him by the Humane Society o! Eastern Arkansas, containing a, minimum •
of 20 names of i~ndividual.s who hairs expressed a willingness to
serve. One of the members of the initial Co~amission shall be they
President of the Huna,ne Society of Eastern Arkane~as. At all times,
'. FEB 02 '9B 1854 DAN RITCHEY
P.3/3
of the Coam~ieaion .shall be a member of the
at least one member
Humana society of Eastern erkansas or its suocascsor.
Two of the initial Commission members shall serve f~xve for ,
(3} years, two of the initial Commission members shall
two (2} years, and ono of tha initial Commission members omll~
serve for one (i) Year, with those positions to be drawn rand y
Tine West ~tearphis Animal Control eo~.gsion shall be provided'.
a budget in an amount not less than the current budget for the
However. a minimum of
Aaiaal Control operation and acti,vitiw$. •
three employees shah be authorized for the operation of the Animal"
Control operations. if the current budget has not been Previously'.
approvod for three (3) full-ti~ae eaploYee positions, it is critical.,
to .this Agreement }-hat the budget be amended to provide for such at ;
the next regularly schednled•council meeting. It is fubther under-'
stood that the west Memphis Ani~I Control Commission t3hall. be.
entitled to petition for further budget amendments as nQ,aded.
g. Failure of the City to pass legislation to establish the,
bleat Kemphia Animal Control. Cammi.ssion and fund three (3) full-time
.employee positions for said operation, at the next regularly,
scheduled Council meeting, shall require this matter to be
rescheduled for trial at the first available date.
6. Imp1e~-entation and compliance v~ith this Agreement shall'
effect a settlement of all sending issues. Within thirty (30) days;
after the organizational, meeting of the West Memphis Animal. Control
com~aission, the Complaint and petitions for Contempt filed by the
plaintiff shall be dismissed.
DATED THIS and day of I'ebruary, 2998•
cxTx aF wEST Ms~HIS,
ARKANSASi MAYOR AL BOALSi
CFiTBF W. A. wREN.i and
RICKY i~icKAY , DggBtIDANTB
$Y:
DAVID C. P$EPI,Es
Attorney for Defendants
HUMANE SOCIL'1`Y OF EASTERN
ARKANSAS, INC., PLAINTIFF
BY:
OAZTIEL G. RITCHEY
Attorney far Plaintiff
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