ORDINANCE NO. 96-12
ORDINANCE TO CONTROL DOGS AND CATS AND OTHER PETS AND ANIMALS.
WHEREAS, it has been deemed necessary that certain animals be controlled in order to maintain the peace, welfare and environs of the citizens of the City of Dover, Arkansas, and,
NOW THEREFORE, be it ordained by the City Council of the City of Dover, Arkansas :
ARTICLE 1. DEFINITIONS
SECTION 1: DEFINITION:
A) Exotic Animals — Any animal not indigenous to this area.
B) Inclement Weather Harsh climatic conditions which shall include rain, snow, extreme high or low temperatures, direct sun and any conditions severe to animal life.
C ) Kennel For the purpose of this Ordinance a kennel is a lot with five (5) or more dogs more than Six (6) months of age which are kept for personal use, breeding or boarding . A kennel is prohibited except as a land use in the applicable zoning district as allowed by the Zoning and Land Use Ordinance,
D) Livestöck — For the purpose of this Ordinance livestock are not considered a pet and their presence is prohibited except as a Zoning and Land Use Ordinance . Examples are horses, cows sheep, goats , swine r fowl and etc . This shall also include alternate livestock as set forth in Arkansas Act 377 of 1993 which includes such animals as deer , elk, ostriches emus , rheas and etc . (Livestock brought into an industrial district for the purpose of immediate processing are exempt from this Ordinance) .
E) Pets — For the purpose of this Ordinance a pet is any animal which is normally understood to dwell with an individual or family in their yard and in their house and not exclusive of either.
E) Running At Large — Shall be the presence of any pet or animal, unleashed, at any place except upon the premises of the owner or the person in possession of the premises.
G) Vicious Animal — Any animal which has previously attacked or bitten any person, or which has such propensity without provocation, or the person who harbors said animal knows or should reasonably know that’ the animal is possessed of tendencies to attack or bite persons or other non—aggressive pets.
H) Wild Animal — Any native animal normally free living in nature and normally found in the undomesticated state. The Arkansas Game and Fish Commission must permit any wild animals .
ARTICLE 11: RABIES TAG
SECTION 1: VACCINATION
A) It shall be the duty of each pet owner to have such pet inoculated, provided that a vaccine exist, with an antirabic vaccine or similar vaccine yearly, by a veterinarian.
B) Any pet under six ( 6) months of age are not required to be vaccinated .
SECTION 2: DUTIES OF VETERINARIAN AND OWNER.
A) After inoculation the veterinarian shall deliver the corresponding rabies tag to the owner of the pet and said owner shall immediately attach same to the collar or harness of said pet, if practical for said pet to wear a collar or harness, which shall be worn by the pet at all times If said pet is not required to wear a collar or harness, then the owner or possessor must show proof of rabies inoculation as deemed necessary by the enforcement officer. If said pet is not required to wear a collar or harness then the owner or possessor Inust have the rabies inoculation certificate on their person or be able to show proof of a valid rabies inoculation to the enforcement officer whenever such pet is taken outside the owner’s or possessor’s property.
B) The owner shall affix to the pet’s collar or harness an identification plate or tag with the name address and phone number of the owner.
SECTION 3: NO RABIES TAG.
A) The Code Enforcement Officer or any person designated by the Code Enforcement Officer or any police officer of the City shall impound any such pet, which requires such, but which does not carry a valid rabies tag or can show proof of valid rabies inoculation. See ARTICLE Vll IMPOUNDMENT.
ARTICLE 111. -DAMAGE CAUSED BY PET.
SECTION 1: DAMAGE TO PROPERTY
A) It shall be unlawful for any person owning or possessing a pet to permit such pet to go upon any sidewalk, parkway, or private lands or premises without permission of the owner or possessor of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.
SECTION 2: WASTE PRODUCT ACCUMULATIONS.
A) It shall be unlawful for any person owning or possessing a pet to permit such pet to be on property, public or private, not owned or possessed by such person unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person.
B) This Section shall not apply to any person who is visually or physically handicapped .
ARTICLE IV. MANNER OF KEEPING.
SECTION 1: PENS, YARDS OR RUNS.
A) All pens, yards or runs or other structures wherein any pet is kept shall be of such construction so as to be easily kept clean and in good repair.
SECTION 2: FENCES
A) Fences which are intended as enclosures for pets shall be securely constructed, shall be adequate for the purpose, kept in good repair and shall not be allowed to become unsightly.
ARTICLE V. RUNNING AT LARGE
SECTION 1: PROHIBITION
A) It shall be unlawful for any person owning or possessing any pet to permit the same to run at large .
B) A pet shall not be considered to be running at large if it is on a leash and under control of a person physically able to control such .
C) No pet shall be permitted in any cemetery. This paragraph shall not apply to any person who is visually or physical handicapped .
D) No pet shall be permitted to be unattended in any parks or any swimming areas open to the public in the City . This paragraph shall not apply to• any person who is visually or physically handicapped.
SECTION 2: RUNNING AT LARGE
A) The Code Enforcement Officer or any person designated by the Code Enforcement Officer or any police officer of the City shall impound any such pet which is running at large within the City of Dover. See ARTICLE VI 1. IMPOUNDMENT.
ARTICLE VI. NUISANCE PETS
SECTION 1: HARBORING
A) It shall be unlawful for any person knowingly to keep or harbor any pet which is vicious or habitually barks, howls, yelps or cries to the great discomfort of Che peace, quiet and welfare of the neighborhood, or in any manner as to materially disturb or annoy anyone in the neighborhood who is of ordinary sensibilities . Such pets are hereby declared to be a public nuisance.
SECTION 2: COMPLAINTS.
A) Whenever any person shall complain to the Police Department or the Code Enforcement Officer that a pet which has committed a vicious act or which habitually barks, howls, yelps or cries is being kept by any person in the City, the Police Departlnent shall notify the owner or possessor of said pet that a complaint has been received and that the person should take whatever steps necessary to alleviate the danger, barking, howling, yelping or crying
B) If the warning given to the person alleged to be keeping a pet as set forth in SECTION 2. (A) above is ineffective, and a second verified compliant is presented to the Police Department, alleging that a vicious -pet or a pet which habitually barks, howls, yelps or cries is being kept by a person within the city. The Police Department shall inform the owner or possessor of such pet that said petition has been received and shall cite the owner or possessor of said pet for the violation alleged in said petition.
ARTICLE VI 1. IMPOUNDMENT
SECTION 1: VIOLATIONS
A) The Code Enforcement Officer or any person designated by the Code Enforcement Officer or any police officer of the City shall, if possible, impound any such pet for any violations set forth in ARTICLE Section 3 and ARTICLE V, Section 2.
SECTION 2: RELEASE FROM IMPOUNDMENT
A) The owner may obtain possession of their pet so impounded or seized by paying an impounding fee and paying the reasonable cost of keeping such pet during the time it is impounded, provided, however, that said pet shall not be released until proof has been furnished to the Code Enforcement Officer that the pet has been inoculated with antirabic vaccine in accordance with the terms of this Ordinance . Such pet may be released to the owner for inoculation provided a twenty—five ( $25 . 00) dollars deposit, refunded upon proof of inoculation, is secured with the code enforcement Officer .
SECTION 3: IMPOUNDING FEES AND COST
A) At which time the owner reclaims the pet a reasonable indemnification shall be paid which reflects the cost to the City of upkeep Of said pet during impoundment
B) At which time the owner reclaims the pet an impounding fee of ten ($10.00) dollars for the first impounding and fifteen ($15.00) dollars and twenty—five ($25 .00 dollars for the second and third impounding respectively in one year shall be paid. The upkeep cost and impounding fees shall be paid to the City Clerk and all monies collected shall be paid into the general fund of the City of Dover.
SECTION 4: NOTICE OF IMPOUNDMENT
Notice of impounding shall be given by the person or officer in possession of the pet within twenty—four (24) hours of impounding to the owner of the pet, if known. The owner may obtain possession of their pet so impounded or seized by paying an impounding fee and keeping cost in accordance with the schedule set forth in SECTIONS 2 and 3 above of this Article
SECTION 5: DISPOSAL.
A) If such pet has been so impounded for a period of four (4 ) working days without having been reclaimed by its owner or anyone in behalf of said owner, said pet shall be destroyed under the direction of the State Humane Society or a licensed veterinarian.
SECTION 6: QUARANTINE FOR RABIES.
A) There shall be no required holding period for any pet unless there is reason to suspect rabies infection in connection with a bite , scratch or other such injury to a person or pet or any warranted behavior. Such impoundment or destruction shall be under the guidance of the County Health Department or a licensed veterinarian .
B) Any fees incurred during such quarantine period shall be paid by the pet owner.
ARTICLE VI 11: CERTAIN OTHER ANIMALS.
SECTION 1: PIGEONS
A) Pigeons are allowed in the City limits contingent upon the requirements of this Section and ARTICLE IX of this subpart .
B) Owners of pigeons allowing them to roost or linger on the property or buildings of others poses a health hazard in addition to offending the aesthetic senses by pigeon contamination. Such lingering or roosting is declared to be a public nuisance.
C) Whenever verified complaint is presented to the police department, alleging that a person is allowing pigeons to linger
(5)upon property of the complainants, the police department shall inform the owner of such pigeons that a compliant has been received and appropriate action is to be taken to alleviate said problems . Upon a second verified compliant the police department shall inform the owner a petition has been received and shall cite the owner of the pigeons for the violation alleged in said petition.
SECTION 2: BEES
A) It shall be unlawful for any person to establish or maintain any hive, stand or box where bees are kept, or keep any bees in or upon any premises within the corporate city limits unless the bees are kept in accordance with the following provisions:
1 ) If bee colonies are kept within fifty (50) feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it r no less than five (5) feet high, shall be installed and maintained along said exterior boundary . Said boundary may be artificial or of a planted material.
2 ) Fresh, clean watering facilities for bees shall be provided on the said owner’s premises .
3 ) The bees and equipment shall be kept in accordance with the provisions of the state statutes.
B) Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box by an academic institution for the purpose of study or observation.
SECTION 3: WILD, POISONOUS OR VICIOUS ANIMALS
A) It shall be unlawful for any person to keep or permit to be kept on his premises any wild, poisonous or vicious animal This section shall not be construed to apply to zoological parks , academic institutions, per orming animal exhibitions, or circuses, but wild anilnals of this section shall have a permit granted by the Arkansas Game and Fish Commission .
B) Any wild, poisonous or vicious animal which is found running at large, or has caused physical harm or death to any person or animal shall be seized and impounded by any police officer or City Code Enforcement Officer . If said animal can not be seized and impounded without any risk of physical harm to any person, then said animal may be destroyed by means available to the police officer or City Code Enforcement Officer.
C ) The Code Enforcement may issue a temporary permit, not to exceed nine (9) months, for the keeping, care and protection of any infant animal native to this area which has been deemed to be homeless and permitted by the Arkansas Game and Fish Commission .
SECTION 4: FISH, REPTILES, AMPHIBIANS AND BIRDS
. A) Tropical fish normally sold as typical house pets and native fish may be kept in normal aquariums designed for home, office or academic use.
B) Reptiles normally sold as typical house pets may be kept ag a pet, pursuant to Section 3 above, in enclosure designed for safe h01ne, office or academic use.
C) nortua1Ly sold as typical house pets be kept as a pet, pursuant to Section 3 above, in enclosures designed for safe home, office or academic use.
Birds normally sold as typical house pets such as parakeets, canaries and such may be kept in normal cages designed for home, office or academic use.
E) Any fish, reptile, amphibian, bird or other such Inferred animal prohibited as personal pets by the Arkansas Game and Fish Commission are not allowed as pets in the City limits of Dover.
ARTICLE TX: KEEPING ANIMALS
SECTION 1: SETBACKS
A) It shåll be unlawful for any person to erect, place, maintain or continue any pen, coop, yard or other building for the housing of wild or vicious animals or birds unless the same is at least twenty—five (25) feet from any dwelling, house, apartment, hotel, restaurant, food or drinking establishment, rooming house, school, church or any building wherein people live or work.
B) All structures cited in paragraph above shall be ma iritained to prevent the accumulation of manure or litter on the floor or adjacent ground as to prevent its becoming nuisance or a health hazard .
ARTICLÉ X: CRUELTY
SECTION 1: CRUELTY
A) It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty by torture, abuse or beating, or by an act, omission or neglect, cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal whether such animal. belongs to such persons or to another .
B) It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty by failing, refusing or neglecting to provide any such animal with food, potable water shade or shelter from inclement weather
C) It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty by carrying such animal in or upon any vehicle in• a cruel or inhumane manner.
D) It shall be unlawful for any person to throw stones, shoot at or use any implements with the intention of killing or injuring any animal or bird within the City of Dover.
1 ) Except that reasonable force may be employed to drive away vicious or trespassing animals or frighten away birds that may be harming trees or shrubs or becoming a health hazard.
E) Any unwanted animals should be delivered to the Animal Control Officer for proper disposal .
ARTICLE Xl. MISCELLANEOUS PROVISIONS
SECTION 1: ADDITIONAL POWERS OF CODE ENFORCEMENT OFFICER
A) The City Code Enforcement Officer shall have the power to issue an order prohibiting the keeping of any animal which is deemed to pose a health hazard to the general public.
SECTION 2. TAMPERING WITH TRAPS
A) Any person found maliciously rendering ineffective any traps, set by the City to remove animals or pets in violation of this Ordinance, shall be cited for such violation.
SECTION 3: FINES
A) Any violation cited in this Ordinance, and such penalty not otherwise listed, shall carry a penalty of not more than twenty— five ($25.00) for each violation cited.
B) All fines received shall be paid to the City Clerk and all moneys collected shall be paid into the general fund of the City of Dover .
