Animal and Fowl - C6

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Animal and Fowl

ANIMALS AND FOWL

 

 

Chapters:

6.02     Animal Control Officer and General Policies

6.04     Animal Control

6.08     Other Animals and Fowl

CHAPTER 6.02

ANIMAL CONTROL OFFICER AND GENERAL POLICIES

Sections:

 

            6.02.01            Definitions

            6.02.02            Animal Control Officer

            6.02.03            Enforcement

6.02.01 Definitions

Animal shall mean any dog, or domesticated wild creature, however, livestock

maintained on a farm are excluded.

At large shall be construed to mean not under the control of the owner or a member of

the owners’ immediate family by fencing, leash, cord, chain or other physical restraining

device.

Livestock This term shall include horses, cows, and other non-domesticated creatures,

not otherwise prohibited herein, kept/maintained by a person within the city.

Owner as used herein shall mean an individual, partnership, firm or corporation or

association which

A.        Professes to own, in the common sense definition, a particular cat, animal or

animals or livestock;

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B.        Exercises primary control and dominion over a particular cat, animal or animals,

or livestock; or

C.        Keeps or owns cat, or occupies real estate which serves as a principal abode or

shelter for a particular animal or livestock. Presence of an implanted chip/seed, a

numbered license on the collar or body of a particular cat, animal or livestock

registered to an owner, shall be prima facie evidence of ownership.

Person as used herein shall mean any natural person, firm, partnership, corporation,

limited liability company, unincorporated association or other legal entity. (Ord. No. 2012-9, Sec. 1.)

6.02.02 Animal Control Officer There is hereby created for the city of Johnson the office of Animal Control Officer. Initially this shall not be a full-time position, but rather shall consist of additional duties assigned to one or more city employees. Whether full-time or part-time the Animal Control Officer shall be under the supervision of the Chief of Police. Initially, the Animal Control Officer shall be appointed on a part-time basis by the Mayor. Any additional compensation shall be approved by the City Council and all training, equipment and supplies shall be provided by line item in the budget. A full-time Animal Control Officer shall be appointed by the Mayor, subject to confirmation and approval by the City Council. The Animal Control Officer shall have and exercise the powers and duties delegated to him/her by the Mayor and/or the City Council. (Ord. No. 2012-9, Sec. 2.)

6.02.03 Enforcement

A.        The members of the City Police Department are authorized to issue citations

ordering persons suspected of violating any portion of this chapter to appear in

Court.

B.        The Animal Control Officer and city police officers shall make a reasonable

effort to catch and identify animals found running at large. If the animal cannot

be caught or cannot be identified, a city police officer or such other persons as

may be appointed by the City Council shall, in the most humane manner

practicable in the circumstances, destroy the animal.

C.        It shall be unlawful for any person to interfere with or attempt to prevent the

Animal Control Officer or a city police officer or other authorized person, from

seizing and impounding any animal which is authorized to be impounded under

the provisions of this ordinance.

D.        After January 1, 2013 any person violating any provisions of this ordinance

shall be guilty of a misdemeanor and upon conviction shall be punished by a

fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) per occurrence, per animal. (Ord. No. 2012-9, Sec. 3.)

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CHAPTER 6.04

ANIMAL CONTROL

Sections:

6.04.01            Reserved

6.04.02            Prohibited conduct

6.04.03            Rabies vaccination/confinement

6.04.04            Vicious dogs

6.04.05            Impoundment/adoption

6.04.01 Reserved

6.04.02 Prohibited conduct

A.        It shall be unlawful for the owner or person having charge of any animal to

permit or allow such animal to run at large within the corporate limits of the city

of Johnson, Arkansas, at any time.

B.        It shall be unlawful for any person to carry out any inhumane treatment against

any animal or livestock. This shall include the restraint of an animal or livestock

in such a way as to deny the animal or livestock access to water, food and shelter

(shelter not required for livestock).

C.        It shall be unlawful for any owner or person to keep or harbor any animal or

livestock which by loud frequent or habitual barking, howling, yelping or other

noise or actions disturbs any persons or neighborhood within the corporate limits

of the city of Johnson, Arkansas.

D.        After January 1, 2013, it shall be unlawful to maintain an animal within the city

which has reached six (6) months in age, which animal has not had a chip

implanted under the skin of the animal identifying the owner of such animal. (Ord. No. 2012-9, Sec. 2.)

6.04.03 Rabies vaccination/confinement

A.        All cats and animals in the city shall have current vaccinations against rabies by

a veterinarian licensed by the state. Upon request by a police officer or Animal

Control Officer, the owner of every such cat or animal shall provide proof that

the rabies vaccination is current. It shall be unlawful for any person or owner to

possess any cat or animal above the age of six (6) months without having such

animal vaccinated for rabies; provided that there shall be no prosecution of such

owner unless the animal shall have been owned or kept within the city limits for

fifteen (15) days.

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B.        Upon the request of any person who has been bitten by a dog, cat or other

animal within the corporate limits of the city (or by a parent or legal guardian of

a person so bitten who is under a disability), a city police officer shall take such

cat, dog or animal, or a plurality of same if they are reasonably suspected of

biting, into custody and turn such over to the county for quarantine, as provided

by law. The owner of such cat, animal shall be liable for all expenses of the

quarantine/confinement.

C.        Any cat or animal having rabies or symptoms thereof, or suspected of having

rabies, or which has been exposed to rabies shall be immediately released by the

owner or custodian of such cat or animal to a police officer or Animal Control

Officer who shall confine such cat, dog or animal in quarantine as provided

above.

D.        When the licensed veterinarian supervising the quarantine of any cat, dog or

other animal quarantined under this section shall issue his/her certificate

declaring the cat, dog or animal to be free of rabies, the owner of such cat, dog

or other animal may retake custody of it upon payment to such veterinarian for

his/her customary and reasonable fees and charges for impounding, boarding,

lodging, testing and observation; except a person who is bitten by a cat, dog or

other animal while trespassing on the premises of the owner or keeper of same

shall pay all customary and reasonable charge and fees resulting from his/her

request to have said animal confined and quarantined.

E.         If any cat, dog or other animal confined under this provision is not reclaimed by

its owner within five (5) days of having been turned over to the county, the cat,

dog or other animal shall be forfeited to the county. If the owner of a cat, dog or

other animal does not retake a cat, dog or other animal after such confinement

and the veterinarian's certificate, and the city is required to pay the expenses of

such, then the city may pursue reimbursement from the owner either as

restitution in any criminal proceeding or by bringing a civil action against the

owner. (Ord. No. 2012-9, Sec. 3.)

6.04.04 Vicious dogs

A.        It shall be unlawful for any person to own, keep or harbor within the corporate

limits of the city any vicious dog unless said dog is muzzled or confined in a

substantial enclosure or tied in such a manner that it cannot bite mail carriers,

delivery men, meter readers or other licensees or invitees coming on the

premises. Any vicious dog found outside the above specified locations may be

seized or destroyed pursuant to the procedure set out in (a) 6.02.03(B).

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B.        For the purpose of this section, a vicious dog is hereby defined to be a dog

which has a disposition to bite humans or any dog which has bitten or attempted

to bite any person within the twelve (12) months immediately past; however, the

fact that a dog has bitten or attempted to bite some person when that person was

teasing or molesting said dog shall not cause that dog to be considered a vicious

dog within the sense of this section.

C.        Nothing in this section shall be construed to apply to any dog trained and used

as a guard dog when appropriately confined/restrained. (Ord. No. 2012-9, Sec. 4.)

6.04.05 Impoundment

A.        City police officers, or the Animal Control Officer or their designee, are

authorized to take into custody a cat, dog or animal found running at large

within the corporate limits of the city in violation of the terms and provisions of

this ordinance and to impound the same either at a location in Johnson for up to

three (3) days or in the facility under contract with the city. Humane animal

traps or tranquilizers may be used.

B.        Five (5) days after any cat or animal has been impounded in the facility under

contract with the city, the cat or animal shall be forfeited to the county. For the

purpose of this section, the day of taking up shall count as the first day of the

impoundment period herein provided.

C.        The City Police Department or the Animal Control Officer, or their designee

shall make reasonable attempts to notify/locate the owner of any cat or animal

picked up and impounded to include posting pictures/description on the city

website and posting thereon notice of when the animal shall be transferred to the

facility under contract with the city.

D.        The owner of an impounded cat, dog or other animal may, at any time before

it/they is/are destroyed, claim same upon payment of the costs of impoundment

which shall include a $15.00 per day fee for a cat, dog or other animal held

within the city (for good cause this fee may be waived by the Animal Control

Officer), plus any fees incurred by the city for veterinarian treatment and

medications, and the fee charged the city for turning a cat, dog or other animal

into the county or other facility. The Washington County Facility will not

release a cat, dog or other animal to an owner unless an official of the city

provides the owner with a release form (which can be obtained at City Hall

during business hours) and the owner pays the impound fee charged the city by

the county. In addition to the other charges for impoundment, there shall be a

charge of Fifty Dollars ($50.00) for each subsequent pickup of the same a cat,

dog or other animal within a calendar year. In addition, the owner shall pay the

current daily charge for the cost of keeping the animal for the number of days of

impoundment and the cost if needed for vaccination.

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E.         If a cat, dog or other animal is picked up within the city running at large and

same has no collar, tags or PIT and a cat, dog or other animal is impounded in

the city for three (3) days, the Animal Control Officer may, upon application by

a responsible adult with proper identification, allow such animal to be adopted

by such adult with adequate assurance given that a cat, dog or other animal will

be promptly taken to a licensed veterinarian for necessary shots and health

check. (Ord. No. 2012-9, Sec. 5.)

 

CHAPTER 6.08

OTHER ANIMALS AND FOWL

Sections:

6.08.01            Horses and cows (livestock)

6.08.02            Prohibited conduct

6.08.03            Fowl

6.08.04            Cruelty to animals

6.08.01 Horses and cows (livestock)

A.        It shall be unlawful for any person or persons to keep, maintain or permit to run

at large within the corporate limits of the city, any cows and/or horses or

livestock. The violation of this section is hereby declared to be a misdemeanor.

It shall be the duty of the city Police Department and the Animal Control

Officer to enforce the provisions hereof.

B.        The keeping of horses, cows or livestock within the corporate limits of the city

of Johnson, Arkansas, is permitted where they are maintained on appropriately

zoned lands, in an enclosed pasture containing a minimum of one (1) acre for

each animal.

C.        The harboring and/or keeping of horses or cows or livestock in enclosures as

provided herein, within the corporate limits of the city of Johnson, Arkansas,

shall be under the supervision and control of the Animal Control Officer.

Should the aforesaid enclosure become breeding places for flies, mosquitoes and

rats, or should they become unsanitary, obnoxious, unhealthful and

discomforting to any of the citizens of the city because of conditions created by

the owner keeping said livestock, the Animal Control Officer or the city Police

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Department, upon investigating such enclosure and thus finding any such

conditions to exist, shall serve written notice upon the owners or occupants of

such premises as to the conditions thereof by delivering a copy of such notice to

the owner or keeper, or by posting same in a conspicuous place on the premises,

and if within five (5) days after service of such notice said owner or keeper has

not corrected the conditions the City Attorney is authorized to institute an action

before the City Council pursuant to Johnson Municipal Code 5.01.01 to declare

same a nuisance. (Ord. No. 2012-9, Sec. 1.)

6.08.02 Prohibited conduct

A.        It shall be unlawful for any person to keep any hogs, goats or sheep within the

city or to permit any such animals to run at large within the city; except when

in transit, they may be kept for a period not to exceed twenty-four (24) hours in

an established stockyard.

B.        No person shall be allowed to transport into this city any livestock, cat or

animal infected with a contagious disease.

C.        It shall be unlawful for any person to knowingly release livestock or cat or any

animal in any public place within the corporate limits of the city.

D.        It shall be unlawful for any person to keep, maintain, sell or have in his

possession or under his control within the city, any poisonous reptile or any

other dangerous or carnivorous wild creature or reptile.

E.         It shall be unlawful for any person to keep, maintain, sell or have in his

possession or under his control within the city any of the following:

1.         All poisonous animals including rear-fang snakes.

2.         Apes; Chimpanzees (Pan); gibbons (Hylobates; gorillas (Gorilla);

orangutans (Pongo); and siamangs (Symphalangus)

3.         Baboons (Papoi, Mandrillus)

4.         Bears (Ursidea)

5.         Cheetahs (Acinonyx jubatus)

6.         Alligators or crocodilians (Crocodilia)

7.         Snakes

8.         Coyotes (Canis latrans)

9.         Elephants (Elephas and Loxodonta)

10.       Hippopotami (Hippopotamidae)

11.       Hyenas (Hyaenidae)

12.       Jaguars (Panthera onca)

13.       Leopards (Pantherapardus)

14.       Lions (Panthera leo)

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15.       Lynxes (Lynx)

16.       Monkey, old world (Cercopithecidae)

17.       Piranha fish (Characidae)

18.       Pumas (Felis concolor), also known as cougars, mountain lions and

panthers.

19.       Rhinoceroses (Rhinocero tidae)

20.       Tigers (Panthera tigris)

21.       Wolves (canis lupus)

22.       Skunks

F.         Those animals and reptiles listed in (E) above are specific animals or reptiles

prohibited, but this section is not limited to those animals or reptiles listed and

any creature or reptile which meets the prohibition of (D) above, although not

listed in (E) is also prohibited.

G.        Section 6.08.02, paragraphs (A-F) do not apply to entertainment events approved

by the City Council in advance. (Ord. No. 2012-9, Sec. 2.)

6.08.03 Fowl It shall be unlawful for any person owning or having control of any chickens, turkeys or other fowl to allow the same to run at large within the city. (Ord. No. 2012-9, Sec. 3.)

6.08.04 Cruelty to animals All laws of the state of Arkansas regarding cats, livestock,

animals are hereby adopted, particularly relating to cruelty and mistreatment. (Ord. No. 2012-9, Sec. 4.)

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