1555ORDINANCE NO. 155'5'
AN ORDINANCE TO ESTABLISH REGULATIONS, RESTRICTIONS,
OR PROVISIONS AND STANDARDS FOR KEEPING OF DOGS WITHIN
THE CITY LIMITS OF WEST MEMPHIS, ARKANSAS, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, present conditions require the City of West Memphis
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to address dog control within the city limits; and
WHEREAS, the following regulations, provisions and standards
are in the best interest of the citizens of the City of West
Memphis and contribute to the public safety, health and welfare
of said citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, AS FOLLOWS:
SECTION 1: "For the purposes of the Ordinance the following
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terms, phrases, words and their deviations shall have the
meaning given herein. When not inconsistent with the context
words used in the present tense include the future tense.
Words used in the plural number include the singular number and
words used in the singular number include the plural number.
The word shall is always mandatory and not merely directory."
(A) OWNER means any person, partnership or Corporation
owning, keeping or harboring one (1) or more dogs. A dog shall
be deemed to be "harbored" if it is fed or sheltered.
(B) PUBLIC NUISANCE means any dog which:
(1) Molests passerby or passing vehicles
(2) Is repeatedly at large
(3) Damages private or public property
(4) Barks, whines, howls or makes any noise in an
excessive, continuous or untimely fashion so as to
disturb the peace, harmony or good order of the
neighborhood or any person.
(5) Creates an overpowering odor or stench.
SECTION 2: RESPONSIBILITY OF OWNER GENERALLY: No owner
shall fail (1) To prevent dogs from becoming a public
nuisance as defined in Section 1(B).
SECTION 3: LAW ENFORCEMENT: (A) Any police or animal
control officer having probable cause that an owner has
violated a Section of this Ordinance may, in lieu of
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obtaining a misdemeanor warrant for arrest of such suspect,
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~'' issue to said owner a written citation requiring said
person to appear at a date and time in the West Memphis
Municipal Court to answer the charge or charges specified
in the citation.
(B) It shall be a violation of this Ordinance to
interfere with a Police Officer or Animal Control Officer
in the performance of their duties.
SECTION 4: VIOLATIONS AND PENALTIES: (A) Any person
violating any provision of the Ordinance shall be deemed
guilty of a misdemeanor and shall be punished by a fine of
not less that Five ($5.00) Dollars nor more that Fifty
($50.00) Dollars for the first or second offense.
(B) Any person violating any provision of the Ordinance
shall be deemed guilty of a misdemeanor and shall be
punished by a fine of not less that Fifty ($50.00) Dollars
nor more that Five Hundred ($500.00) Dollars for third or
subsequent violations.
SECTION 5: Emergency Clause. It having been found and
determined by the City Council of the City of West Memphis,
Arkansas, that there is an urgent need by the City of West
Memphis to keep dogs from becoming a public nuisance, an
emergency is hereby declared to exist, and this Ordinance
being necessary for the preservation of the public peace,
health, safety and welfare of the Citizens of West Memphis,
Arkansas, shall be in full force and effect from and after
the date of its passage and approval.
rASSED AND A?rEOVEI this I?~ lay •f o~~L,C~13E<2 ,
1992.
ATTEST:
DAN CRAFT, CITY CLERK
SPONSORED BY:
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