Ordinance 1 of 1991

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ORDINANCE NO 1 OF 1991

AN ORDINANCE PERTAINING TO THE CONTROL OF VICIOUS DOGS

WITHIN THE CITY LIMITS OF THE CITY OF EMMET, ARKANSAS.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF EMMET, ARKANSAS, THAT:

Section 1  LEASH AND MUZZLE No person owning, harboring, or having the care of a vicious dog may suffer or permit such dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than 4 feet in length. No person may permit a vicious dog to be kept on a chain, rope, or another type of leash outside its kennel or pen unless a person is in physical control of the leash. The dog may not be leashed to inanimate objects such as trees, posts, and buildings. A vicious dog on a leash outside the dog’s kennel shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals. A vicious dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club or upon prior approval of the Health Department.

 Section 2 CONFINEMENT All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Section 1. The pen, kennel, or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall 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 no less than 2 feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the city. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

Section 3 CONFINEMENT INDOORS No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit the building of its own volition. No vicious dog may be kept in 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.

 Section 4 PROHIBITED IN MULTIPLE DWELLINGS No vicious dog may be kept within any portion of any multiple dwelling. 

Section 5 SIGNS All owners, keepers or are borders of vicious dogs shall within 15 days of the effective date of this section display in a prominent place on their premises a sign easily readable by the public using the words “beware of dog”. A similar sign is required to be posted on the kennel or pen of the dog.

 Section 6 INSURANCE All owners, keepers, or harborers of vicious dogs shall within 30 days of the effective date of this section provide proof to the Health Department and/or City Mayor of public liability insurance in a single incident amount of $50, 000.00 for bodily injury to or death of any person or for the damage to property owned by any person which may result from the ownership, keeping or maintenance of vicious dogs. The insurance policy shall provide that no cancellation of the policy will be made unless a 10 day written notice is first given to the Health Department and/or City Mayor. The owner or custodian of the dog shall produce evidence of the required insurance upon request of a law enforcement officer, animal control officer, public health officer, or City Mayor. This subsection does not apply to dogs kept by law enforcement agencies.

Section 7 DISPOSITION OF VICIOUS DOGS Any vicious dog which attacks a human being or domestic animal may be destroyed by a police officer or humane officer when in the judgment of a court of competent jurisdiction; the dog represents a continuing threat of serious harm to human beings or domestic animals.

Section 8 DEFINITIONS 

“Vicious Dog” means:

(A) Any dog with a propensity, tendency, or disposition to attack, cause  injury or otherwise endanger the safety of human beings or other domestic animals as evidenced by its habitual or repeated chasing, snapping, or barking.

 (B) Any dog which attacks a human being or other domestic animal without provocation. 

(C) Any dog owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting.

Section 9 PENALTIES Any person violating any of the provisions shall upon conviction be fined not less than $50.00 nor more than $500.00. Each and every act of violation shall constitute a separate offense. Upon default of payment, the violator shall be placed in jail for not less than 3 days nor more than 30 days.

Section 10 EMERGENCY This Ordinance, being necessary for the health, welfare and general well-being of the citizens of the City of Emmet, Arkansas, an emergency is declared to exist, and this Ordinance shall be in full force and effect from and after its passage and publication.

This Ordinance is adopted by the City Council for the City of Emmet, Arkansas, in regular session on this 6thday of June 1991.

CITY OF EMMET, ARKANSAS

 By Ottis P. Otwell (Found on file) 

Ottis P. Otwell, Mayor

ATTEST: 

JoAnn Arnett (Found on file)

City Recorder/Treasurer