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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 ~r 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 I 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 r obtaining a misdemeanor warrant for arrest of such suspect, 1 ~'' 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: • r ~'