SECTION 3: CONFINEMENT OF
DOGS. Any person owning, possessing, or keeping a dog or dogs
whether vaccinated or unvaccinated, licensed or unlicensed, shall confine
such a dog or dogs within an adequate fence or enclosure, or within a
house, garage or other building, or shall confine such dog or dogs by a
chain or leash affixed to the dog's collar and attached to some
substantial stationary object adequate to prevent the dog or dogs from
running at large in the City limits of Booneville.
SECTION 4: CONFINEMENT OTHER
THAN ON THE PREMISES OF OWNER. At all times when not confined as
stated in Section 3, the owner of any dog or dogs shall confine such dog
or dogs within an automobile or by having one end of a rope or leash
affixed to some substantial stationary object, or held by some person
competent to control such dog or dogs.
SECTION 5: IMPOUNDING OF DOGS,
DESTROYING DOGS. The Animal Control Officer shall impound or take
custody of any dog found at large in the City of Booneville, and shall
impound the dog in the city animal shelter. Such impounded dog shall
be held for a period of five (5) days at the end of which time the dog
shall be destroyed. During the five (5) days of such impoundment,
the Animal Control Officer shall make diligent effort to determine the
owner of such dog and notify him of such impoundment. If the owner
of such dog fails or refuses to claim or repossess such dog by the payment
of the proper fee ($25 but not more than $75) as prescribed herein within
the five (5) days of impoundment then the Animal Control Officer may
deliver custody and possession to any person other than the owner and upon
the payment of the fee prescribed herein.
SECTION 6: RECLAIMING DOGS,
FEE FOR RECLAIMING. Any person owning, possessing, or keeping a dog
which has been allowed to run at large and which has been impounded may
claim and retrieve such dog from the city animal shelter by payment of a
fee of twenty-five dollars ($25.00), if the dog has been vaccinated within
the year next proceeding such impoundment, and is currently licensed as
required by law. The burden of proof as to vaccination
and licensing shall be upon the
party attempting to obtain the dog from the animal control officer.
Any person claiming unvaccinated or unlicensed dogs shall offer the
payment of twenty-five dollars ($25.00) to cover the cost of vaccination,
spay or neuter and license.
Adoption of an unclaimed dog is allowed and said dog will be released for
a fee of twenty-five dollars ($25.00) and the cost of vaccination, spay or
neuter and license.
SECTION 7:
ANNUAL LICENSE FEE. That there is herby levied an annual license fee
of six dollars ($6.00) on each male or female dog above the age of six
months owned and kept within the incorporated limits of the City of
Booneville, Arkansas.
SECTION 8: VACCINATIONS.
No person shall own, keep, or harbor any dog or cat over six months of age
in the city limits of Booneville, Arkansas unless such dog or cat is
vaccinated against rabies, and must be vaccinated every 12 months
thereafter. All dogs and cats must be vaccinated by a licensed
veterinarian.
SECTION 9: WILD OR EXOTIC
ANIMALS. A person commits an offense if he owns, possesses, or
harbors a wild or exotic animal within the city limits of Booneville,
Arkansas.
SECTION 10: CONDITIONS OF PEN
OR PREMISES. It shall be unlawful for any person, firm, or
corporation keeping or harboring dogs to fail to keep the premises where
such dogs are kept free from offensive odors to the extent that such odors
are disturbing to the person(s) residing within reasonable proximity to
the said premises; and it shall be unlawful to allow premises where dogs
are kept to become unclean and a threat to the public health and the
health of the animal and failing to systematically remove all animal waste
from the premises.
SECTION 11: BARKING AND
HOWLING. Any dog which by loud barking and frequent howling shall
disturb the peach and quiet of any person who may reside within reasonable
proximity of the place where such dog or dogs are kept. A warning
will be issued by the animal control officer for the offense. On the
third warning a fine of twenty-five dollars ($25.00) will be issued.
Noted as the three (3) strike rule.
SECTION 12: IMPOUNDING OF
CATS, DESTROYING OF CATS. The animal control officer will follow the
same protocol as stated in section five (5) of the ordinance in regards to
the impounding and destroying of cats in the city limits of Booneville,
Arkansas. All cats over six (6) months of age must be
licensed and vaccinated yearly.
Reclaiming and adoption of cats follow the same protocol as for dogs as
stated in this ordinance.
SECTION 13:
DOG DEALERS LICENSE. Persons, firms or corporations engaged in the
business of buying, selling or exchanging dogs as a business, shall be,
and are hereby required to pay an annual fee of fifty dollars ($50.00) for
the privilege of conducting such business in the City of Booneville and
all dealers possessing a fifty-dollar ($50.00) license receipt shall be
exempt from the provision of this ordinance requiring the payment of six
dollars ($6.00) for a dog license per annum per dog. Proof of
payment of the fifty dollars ($50.00) shall be required before exemption
is granted.
SECTION 14: DUTIES OF THE
ANIMAL CONTROL OFFICER. Capture all dogs or cats running at large.
To impound said dog or cat for five (5) days from the time of capture.
They will impose and collect all fines and fees and ensure that any
released dog or cat is licensed,
vaccinated, neutered and spayed before release. The dog officer is
permitted to use tranquillizers, wild animal traps or any other equipment
as authorized from time to time. The dog officer is not responsible
and will not pay any form of compensation for any dog destroyed or injured
from enforcement of this ordinance. The officer may destroy any dog,
running at large if unable to effectively seize the dog.
SECTION 15: VICIOUS, FEROCIOUS
OR INFECTED DOGS. Notwithstanding the provisions of this ordinance,
the City of Booneville shall refuse to issue a tag for any dog which is
known to be vicious or likely to cause a public nuisance.
Notwithstanding the provisions of this ordinance where in the opinion of
the animal control officer a vicious dog running at large is not able to
be captured or attacks the dog officer while he/she is attempting to
capture the dog, the officer may destroy the said dog.
SECTION 16: CRUELTY. No
person shall punish or abuse any dog within the city limits of Booneville
in a manner or to such an extent that it is cruel, including, but not
limited to allowing any dog owned, possessed or harbored by a person to
remain unfed and/or unwatered.
SECTION 17: DOG BITES AND
ATTACKS.
A. Any dog that causes injury to any person or domestic animal, by
biting without provocation, to such an extent that medical or veterinary
attention was received by the person or domestic animal shall be
immediately seized by the animal control officer and quarantined for a
period of ten (10) days for monitoring purposes, and upon completion of
the ten (10) day period be destroyed. All costs of the quarantine
are the responsibility of the dog owner.
B. Any dog that causes injury to any person or domestic animal, by
biting as a result of being provoked to such an extent that medical or
veterinary attention was received by the person or domestic animal, must
be secured in a voluntary quarantine by the dog's owner for a period of
ten (10) days for monitoring purposes.
Upon completion of the ten (10) day period, and should the dog exhibit no
signs of symptoms of infection or disease, the dog may be released from
quarantine. Any person whom fails to properly secure a dog in
voluntary quarantine is guilty of an offense. The animal control
officer shall inspect any dog that is in voluntary quarantine to determine
if the dog is exhibiting any signs or symptoms of infection or disease.
Any dog or cat found to be rabid shall be immediately impounded and/or
destroyed by the animal control officer.
SECTION 18: DANGEROUS OR
VICIOUS DOG MEANS: Any dog with a propensity, tendency or
disposition to attack unprovoked, to cause injury to, or otherwise
threaten the safety of human beings or domestic animals. The animal
control officer shall be responsible for determining whether a dog is
vicious or dangerous, and upon such a determination the officer shall
notify the owner that said dog is classified henceforth as vicious or
dangerous. Although an appeal will not stay such determination, said
owner may appeal said determination by filing a notice of appeal with the
Municipal Court of Booneville within ten (10) days thereof.
SECTION 19: CONFINEMENT.
A pen or structure in which a vicious or dangerous dog is kept must have
secure sides and a secure top attached to the sides. The ground
beneath the gate shall be secured by embedded posts and the sides must be
embedded into the ground no less than one (1) foot, unless such pen has a
concrete bottom in which case the sides need only be embedded two (2)
inches deep into the concrete. All such pens or structures must be
adequately lighted and kept in a clean and sanitary condition. Any
stationary enclosure or pen shall be required to be of a size of at least
two (2) square feet per pound per dog so confined.
SECTION 20: PENALTIES AND
FINES. Any person violating any portion of this ordinance shall be
deemed guilty of a misdemeanor and shall be punished, upon conviction, by
assessment of a fine no less than twenty-five dollars ($25.00) and no more
than one-hundred dollars ($100). The animal control officer may
issue an affidavit to pursue claims in municipal court.
SECTION 21: REPEAL OF
ORDINANCES. All ordinances and provisions of ordinances in conflict
herewith are hereby repealed.
SECTION 22: SEVERABILITY.
In the event any portion of this ordinance is rendered unconstitutional or
invalid by a court of competent jurisdiction the remainder of this
ordinance shall not be affected thereby; and it is intended that every
other section, paragraph, sentence, clause and phrase of this ordinance
shall remain and be in full force and effect.
Passed This 23rd Day of June, 2003.
MAYOR JERRY WILKINS
BOONEVILLE CITY CLERK MELINDA SMITH
NOTE: ITEMS HIGHLIGHTED IN RED
AND CROSSED THROUGH ARE NOT IN EFFECT AT THIS TIME, DUE TO ONGOING
RESEARCH ON EXACT LICENSING AND RECORD KEEPING PROCEDURES.
