1388ORDINANCE NO. _.j~~_
AN ORDINANCE PERTAINING TO THE KEEPING OF VICIOUS DOGS
WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST MEMPHIS,
ARKANSAS; PROVIDING FOR PENALTIES FOR VIOLATIONS; AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
SECTION 1. Definitions:
A. "Vicious dog" 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 habitual or repeated chasing, snapping or
barking.
2. Any dog which attacks a human being or any domestic
animal without provocation.
3. Any dog owned 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 of the City of West Memphis, Arkansas, whether such
dog is at the time of the effective date of this ordinance
within the City limits or so etiists at a future date:
A. Registration Requirements. Within thirty (30} days from
the effective date of this ordinance, or within
from the date any vicious dog is born within or
City, the owner of said vicious dog shall regis
City Clerk on such registration forms as may be
City Clerk.
B. Leash and Muzzle. No person shall permit
thirty (30} days
brought into the
ter same with the
prepared by the
a vicious dog to
go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four i4) 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 as trees, posts, buildings, etc. In
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RECD{1d'~C['~
CIT`( CLERK OfFiCE
DATE "7 - ~~~~~
addition, all vicious dogs on a leash outside the animal'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 (2) 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. Si ns. All owners, keepers or harborers of registered
vicious dogs within the City shall within ten (10) 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 (10) days of the effective date of
this ordinance provide proof to the West Memphis City Clerk of
public liability insurance in a single incident amount of
$50,000.00 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, beeping or maintenance of such
animal. Such insurance policy shall provide that no cancellation
of the policy will be made unless ten (10) days written notice
is first given to the West Memphis City Clerli.
G. Identification Photographs. All owners, keepers or
harborers of registered vicious dogs must within ten (10) days
of the effective date of this ordinance provide to the City
Clerk two (2) color photographs of the registered animal clearly
showing the color and approximate size of the animal.
H. Reportiri~ Requirement. All owners, keepers or harborers
of registered vicious dogs must, within ten (10) 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.
I. Sale or Transfer of Ownership Prohibited. No person shall
sell, barter, or in any other wayr 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.
J. 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 Comp1Y. It shall be unlawful for the owner,
keeper or harborer of a vicious dog registered with the City of
West Memphis 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 the 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 slim not less than Two Hundred
and No/100 ($200.00) Dollars and not more than One Thousand and
No/100 ($1,000.00) Dollars. In addition to the fine imposed the
r
r
Court may sentence the defendant to imprisonment for a period
not to exceed thirty t30) days. In addition the Court shall
order the registration of the subject. vicious dog revoked and
the dog removed from the Cit;y. 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. 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 AND APPROVED this _ da,y of Qh.~~ 1989.
0
ITH INGRAM, ayor
ATTEST:
DAN CRAFT, C e