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Ordinance 2012-09

ORDINANCE NO.2012-09

AN ORDINANCE AMENDING TITLE 6, FOWL OF THE JOHNSON MUNICIPAL CODE AND FOR
OTHER PURPOSES.
WHEREAS, Title 6, of the Johnson Municipal Code has never been strictly enforced by
the City in respect to registration and tagging of dogs and cats;
WHEREAS, the City has entered into an Animal Sheltering Agreement with Washington
County in order to have a safe, healthy place to take animals that are picked up in Johnson;
WHEREAS, the fee to be paid to the County under !the Sheltering Agreement will be on a
"per animal" basis it is important for the City to be able to pass that expense along to an owner of
a loose animal when they are identified/determined. :
BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That,
Section 1: That effective with the passage and approval of this ordinance Title 6;
Animals and Fowl of the Johnson Municipal Code shall be amended in its entirety as set forth in
Section 2 below.
Section 2: Title 6, Animals and Fowl shall be as follows:
TITLE 6
ANIMALS AND FOWL
Chapters:
6.02 ' General
6.04 Animal Control
6.08 Other animals and fowl
CHAPTER 6.04
GENERAL
Sections:
6.02.01 Definitions
6.02.03 Prohibited Conduct
6.02.05 Confinement
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;
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.
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6.02.0 3 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
6.02.05 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 $25.00 nor more than One Hundred Dollars ($100.00) per
occurrence, per animal.
CHAPTER 6.04
ANIMAL CONTROL
Sections:
6.04.01 Reserved
6.04.02 Prohibited Conduct
6.04.03 Confinement
6.04.04 Vicious Dogs
6.04.05 Impoundment/Adoption
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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.
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.
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/c onfinement.
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
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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,
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) 6.02.05(B).
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.
6.04.05 Impoundment
A. City Police Officers, or the Animal Control Officer or their designee, are
authorized to take into custody an}' 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 fist day of the
impoundment period herein provided.
C. The City Police Department or the Animal Control Officer, or their designee
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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 Count}' 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.
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.
CHAPTER 6.08
OTHER ANIMALS AND FOWL
Sections:
6.08.01 Horses and Cows (Livestock)
6.08.02 Prohibited Conduct
6.08.05 Fowl
6.08.08 Cruelty to Animals
6.04.01 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
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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
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.
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)
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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)
15. Lynxes (Lynx)
16. Monkey, old world (Cercopithecidae)
17. Piranha fish (Characidae)
IS. 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.
6.08.05 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.
6.08.08 Cruelty to Animals All laws of the State of Arkansas regarding cats, livestock,
animals are hereby adopted, particularly relating to cruelty and mistreatment.
Section 3: All ordinances or parts of ordinances in conflict hereby are hereby
repealed to the extent of such conflict.
PASSED AND APPROVED this 11th day September 2012.
ATTEST:
Recorder-Treasurer - Jennifer Allen
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