ORDINANCE NO 906

AN ORDINANCE TO PROVIDE FOR THE CONTROL OF ANIMALS IN THE CITY OF NASHVILLE ARKANSAS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NASHVILLE ARKANSAS

WHEREAS The City ofNashville Arkansas seeks to improve the quality oflife within the city limits of the City of Nashville Arkansas and

WHEREAS Animals and other livestock can contribute to the spread of infectious diseases which the City ofNashville Arkansas seeks to avoid and

WHEREAS the City ofNashville Arkansas desires to abate any nuisances caused by animals wild or domestic

NOW BE IT RESOLVED by the City Council ofNashville Arkansas as follows

SECTION 1 Licensing

of animal over four a Any person owning keeping harboring or having custody any as herein 4 months of age within this municipality must obtain a yearly dog license provided

shall b Application for a city dog license shall be made to the licensing authority and owner s the name breed color state the name address and telephone number of the age issued a certified and sex of the dog and a certificate of rabies vaccination by veterinarian Applicants shall pay a license fee of five dollars 5 00 per year

five after the or c Application for a license must be made within 5 days obtaining dog within five 5 days after the dog becomes four 4 months of age

shall issue d Upon acceptance of the license application and fee the licensing authority shall be a durable tax stamped with an identifying number and the year of issuance It attach the to the duty ofthe owner or harbored of every dog with the City to tag securely the dog s collar or harness

all times when off the of the owners e Dogs must wear identification tags at premises

f The Animal Control authority shall maintain a record of the identifying numbers of all times tags issued and shall make this record available to the public at all

7 within the time fail to or renew a license as required period g Persons who obtain fine to 100 00 costs specified in this section will be subjected to a up plus

the local veterinarian sell the dog tags and if h Animal Control may elect to have city dollars out ofthe five 5 dollars for each tag doing so the veterinarian will keep one 1 sold

for animal other than the animal for which it was i No person may use any license any issued

shall be construed to to dog under four 4 months or G Nothing in this section apply any or a basis for show exhibit visit to dogs brought to the city on temporary

SECTION 2 Rabies Vaccination Required

shall be other in the which are to rabies a All dogs cats and animals City subject an veterinarian A metal vaccinated at least annually against rabies by accredited tag or collar of in the evidencing such vaccination shall be attached to the harness every dog a reasonable method Any person City and shall be attached to every cat in the City by to rabies in the without first having such pet who shall keep any pet which is subject City of a misdemeanor and vaccinated for rabies at least once a years shall be guilty upon 00 nor more than one hundred conviction fined not less than twenty five dollars 25 be considered a dollars 100 00 for each offense plus costs Each day may separate offense ACA 920 19 202

from one animal to another b No tag shall be transferable

SECTION 3 Number of dogs owned

over of six 6 own or harbor more than four 4 dogs the age a No person shall keep months within the corporate limits of the city

limits a or kennel within the City b Any person requesting to maintain dog hospital and make such must first receive permission from the City Council sanitary arrangements Section is to a as Violation ofthis subject and pay any such fees the Council may require fine not exceeding 100 00 plus costs

SECTION 4 Restraint

restraint or from at a All dogs shall be kept under running large

care and control oftheir animals to b No owner shall fail to exercise proper prevent them from becoming a public nuisance

i a or secure enclosure in or heat shall be confined in c Every female dog cat in building or cat cannot come into contact with another animal such a manner that such female dog except for planned breeding

an or s confine such animals within adequate fence d Any person owning dog shall other structure Animals may be enclosure or within a house garage or appropriate chain is defined as chained with no less than ten 10 feet of adequate Adequate of the animal confined and is of appropriate for the size breed and temperament them self to be safe sufficient height and strength that a reasonable person shall perceive chain or cable the restraint so from the animal confined If a dog is confined by rope whether or and placed that the animal may not intrude on other property public private and for exercise The area where provide adequate room for normal postural adjustments be free from toxic the animal is confined must provide proper and adequate drainage water and shelter must substances and be free of items that could cause injury Adequate restraint be available at all times to the animal confined by such

tied or to or meters c No dog shall be chained any utility poles

is fine of 100 0 court costs d Violation of a dog running at large punishable by plus

SECTION 5 Impoundment

animals shall be taken the Animal Control Officer a Unrestrained dogs and nuisance by manner and impounded in the animal shelter and there be confined in a humane

five 5 for owners to b Impounded dogs and cats shall be kept for not fewer than days reclaim

animal can be or other means the owner of an c If by a license tag impounded the identified the animal control officer shall immediately upon impoundment notify mail owner by telephone or certified

or shall a fee of five dollars 5 00 d An owner reclaiming an impounded dog cat pay violation costs for each day the animal has been impounded Each subsequent boarding will be doubled to ten dollars 10 00 for each day the animal has been impounded

of its owner within five 5 shall become e Any animal not reclaimed by days property for in a suitable home or the local governrnent authority and shall be placed adoption humanelyeuthanized

SECTION 6 Animal Care

his animals with sufficient wholesome and a No owner shall fail to provide good which nutritious food water in sufficient quantities proper air shelter provides with roof and floor veterinary protection from the weather including four sides opening

D IJS 1 and humane care and treatment No animal may care when needed to prevent suffering be kept on flooring of wire grid

overload overwork or otherwise b No person shall beat cruelly ill treat torment or other abuse an animal or cause instigate or permit any dogfight bullfight combat between animals or between animals to humans

such animal an animal is c No owner of an animal shall abandon Abandoning the offender to a Class considered under ACA 95 62 102 and subjects or a fine not A misdemeanor punishable by up to one 1 years in the City jail and exceeding 1000 00 plus court costs

SECTION 7 Livestock

use or farm animals a Livestock are animals kept or raised for pleasure especially limited to the Livestock does not include wild animals but does include but is not following

The species Equus caballus domestic horses The species Equus asinus asses donkey The species Bos Taurus cattle Domesticated races of the species Gallus gallus or Meleagris gallopavvo cuniculus rabbits and Domesticated races ofthe species Oryctolagus doves All captive bred members of the families Anatida ducks and and pigeons

of size or intended b Pens and enclosure s shall mean any area regardless confining are limited to to confine or shelter livestock Pens and enclosures shall include but not hutches stables stalls fence pastures and fields corrals yards cages pens coops houses barns sheds and similar facilities or areas where livestock are kept

and horses within the limits ofthe shall be c Keeping cows mules corporate city of the allowed subject to the provisions ofthis section and applicable provisions Zoning Code

limits of the will not be d Keeping hogs goats and sheep within the corporate city exceed four allowed except when in transit they must be kept for a period not to twenty hours in an established stockyard

are shall be not less than one hundred e All pens or enclosures where livestock kept establishment and five 25 feet off the 100 feet from any residence or business twenty the residence or business of the property line that this restriction shall not apply to livestock s owner

Ii 90 the minimum 1 Pens and enclosures for livestock shall meet following requirements

1 Horses Mules and cows horse cow or mule a Two 2 acres 87 120 square feet per

when the livestock are horses b A minimum five 5 foot high fence shall be of standard design and mules asses cattle or donkeys Said fence of livestock and material for the proper constraint ofthe type large kept

the weather elements which the c Adequate shelter from provides and The animals adequate space to stand turn stretch comfortably and ventilation to shelter stable barn or stall shall have adequate light all times keep the air inside the structure pure at

which include a d All livestock shall be registered with animal control address ofthe owner and photo of the animal s location of pasture phone numbers and or point of contact

after the hours of darkness This is a safety e No one shall ride horses issue for vehicles and the rider

no more than two 2 hours for 1 A horse may be tethered for shoeing

and g Small Livestock Poultry

such as rabbits chicken and turkeys is 1 Keeping small livestock and poultry the of this permitted within the corporate limits ofthe city subject to provisions section and applicable provisions of the zoning code

barn stall or other structure must be well 2 Any area field pen enclosure of manure drained and kept free oftrash and accumulation

metal or other material 3 All food bins shall be constructed of cement stone doors If constructed of impenetrable by rats or wood and shall have closefitting whole so wood the bins shall be lined or covered with metal and the constructed of rats All malt and other animal so as to prevent the ingress or egress grain a closed at all time except foot except hay stored or kept in stable must be kept same are filled when momentarily opened to take food therefrom or when being and all food No feed shall be scattered about outside such bin or in the stable stables shall be and in found on floor or in the stalls of said removed daily placed intended for human shall be the manure receptacle No foodstuffs consumption stable or other where animals are kept or stored in any any place kept

of this 4 Livestock and poultry shall be subject to other applicable provisions nuisances Animal Control Ordinance e g running at large cruelty

1 91 impoundment etc

5 No Roosters allows

allowed on the 6 Only ten 10 poultry property

SECTION 8 Animal Waste

excreta be for the removal of any a The owner of every animal shall responsible areas or property s on walks recreation private deposited by his animal public

fail to the or harboring any animal to keep b It shall be unlawful for any person keeping offensive odors to the extent that such where such animal is kept free from premises of said within a reasonable proximity odors are disturbing to any person residing where animal is kept to and it shall be unlawful to allow the premises any premises to and the or health by failing diligently become unclean and a threat to animal public and other waste material from the premises systematically remove all excreta

SECTION 9 Excessive Noise

on his or under his control any It shall be unlawful for any person to keep premises or other noise shall disturb the animal which by loud and frequent barking howling of the who reside within reasonable proximity place peace and quiet of any person may where such animal is kept

SECTION 10 Enforcement

those ofthis ordinance shall be enforced by persons a The civil and criminal provisions shall be a violation of this the state and authority It or designated by municipal agencies of hisher duties an control officer in the ordinance to interfere with animal performance

is authorized to any equipment it deems b The Animal Control Department employ without limitation the ofthis ordinance including necessary to enforce provisions darts etc humane wire box traps chemical immobilizing

SECTION 11 Penalties

a of this ordinance shall be deemed guilty of person violating any provision Any five dollars 25 00 a fine of not less than twenty misdemeanor and shall be punished by 00 If the more one hundred dollars 100 unless otherwise and not than specified If shall be deemed a separate violation any violation continues each day s violation Section 8 his license to own keep harbor is found guilty by a court of violating person no new license shall be deemed revoked and or have custody of animals automatically shall be issued

C Itq2 SECTION 12 Conflicting Ordinances

this ordinance are are in conflict with hereby All other ordinances of this city that such conflict repealed to the extent of

SECTION 13

shall be deemed severable and this ordinance shall be held invalid such part If any part of affect the ofthis ordinances the invalidity thereof shall not remaining parts

SECTION 14 Definitions

re defined below As used in this ordinance the following terms

and firm or in possession having Abandon Any person partnership corporation refuses to care for the animal custody of an animal who knowingly provide

or wild Animal Any living creature domestic

of the animal s owner or at animal not under the physical control Animal Large Any of leash cord chain fence or enclosure harbor or hislher authorized representative by of An the animal or other means control sufficient or construction to contain by strength and not of another or upon public property animal intruding upon the property person shall be deemed running at large Any under the physical control referred to herein at or shall not be deemed running large animal within an automobile other vehicle

or agency or its Shelter Any facility operated by a humane society municipal Animal of this of animals under the authority authorized agents for the purpose impounding or care confinement return to owner adoption ordinance or state laws for the euthanasia

Cat A domestic feline of either sex

Nuisance Animal Dangerous Animal See Public

of either sex Dog a domestic canine

an and an area suitable to confine animal Enclosure A fence or structure establishing prevent the animal from escaping

a to which the animal Harbor To keep and care for an animal to provide premises or more return for a period of three 3 days

1 93 designated by the State of or Animal Control Officer Any person Humane Officer officer who as a law enforcement or a humane society Arkansas amunicipal government under the laws of this state is qualified to perform such duties

or a or owning keeping harboring Owner Any person firm partnership corporation or animal companion domestic exotic of livestock with or used for the grazing Pasture Ground covered grass herbage grassland that Animal Any animal or animals Public Nuisance Animal and Dangerous other animals or persons or humans endanger the life or health of unreasonably annoy of other than their owners to enjoyment interfere with the rights ofcitizens substantially not shall mean and include but is The term nuisance animal life or property public limited to any animal that

1 Is repeatedly found at large

rabies and for which there is an 2 Has not been properly vaccinated against approved rabies vaccine

other than its owner 3 Damages the property of anyone

or 4 Molests or intimidates pedestrians passersby

5 Chases vehicles

but not limited to continued 6 makes disturbing noises including Excessively unreasonable or other utterances causing and howling barking whining repeated to or others in close or discomfort to proximity annoyance disturbance neighbors or harbored the premises where the animal is kept

and creates unreasonable annoyance 7 Causes fouling of the air by odor thereby to the where the or others in close premises or discomfort to neighbors proximity animal is kept or harbored

the animal is enclosures or surroundings where 8 Causes unsanitary conditions in kept or harbored

virtue of the health or welfare by 9 Is offensive or dangerous to public safety maintained the number and or types of animals

10 Attacks other domestic animals

or or trash from refuse containers 11 Interferes with refuse collection spreads

J J C Lf molests meter readers or other service providers

a or under the control of responsible animal secured by a leash least Restraint Any limits of its or within the real to that s commands property person and obedient person owner

Vicious Animal

animals or human beings or domesticated 1 Any animal that attacks bits injures conditions or training or which because oftemperament without adequate provocation or domesticated animals bit or human being has a known propensity to attach injure

or the of animal or in for purpose 2 Any animal owned harbored primarily part or animal trained for animal fighting fighting breeding fighting animals any

no rabies vaccine 3 Any animal for which there is approved

be declared vicious if the Notwithstanding the above definition no animal shall or assaulting or bitten said animal was teasing tormenting abusing person attacked by a or to commit crime the animal or was committing attempting

was bitten or a animal which No animal shall be declared vicious if domestic shall be or assaulting the animal No animal attacked was teasing tormenting abusing the of a human being within declare vicious if the animal was protecting defending shall be attack or assault No animal immediate vicinity of the animal from an unjustified from or its young or its territory declared vicious if the animal was protecting defending attack or assault

in 661 839 6 08 are hereby repealed Previous ordinances No 422 653 Chapter their entirety

and effect from and after its This Ordinance shall be in full force passage

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