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ORD NO 18-2026 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.6 -2026 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 6.04 (KEEPING AND CONTROL OF DOGS) BY ADDING SPAY AND NEUTER REQUIREMENTS AND AMENDING 6.04.31 OF THE VAN BUREN MUNICIPAL CODE WHEREAS, the Van Buren Municipal Code includes requirements for the keeping and control of dogs in the City of Van Buren; and WHEREAS, the City Council has determined that there is a need to better manage and control the population of dogs at large by adding spay and neuter requirements and amending section 6.04.31-civil penalties of the Van Buren Municipal Code; and NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS THAT: SECTION 1: Chapter 6.04 of the Van Buren Municipal Code shall be amended with the addition of a new section 6.04.16A which is attached hereto as Attachment"A." SECTION 2: Section 6.04.31 of the Van Buren Municipal Code shall be amended as shown on Attachment`B." SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. SECTION 4: All laws, ordinances, resolutions, or parts of same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. IN WITNESS WHEREOF,the City of Van B en, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of G_for and�gainst, the foregoing Ordinance at its meeting held on the 23`d day of March 2026. p f G\erk rr,, tlosep Hurst yor City of Van Buren AXWESUD: 0 APPROVE FORM: �rryCounty,F��a Shawnna eynolds Jacob Howell Clerk/Treasurer City Attorney City of Van Buren, Arkansas Municipal Com-ple.7- 1003 Broadway • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: MUNICIPAL CODE 6.04 KEEPING AND CONTROL OF DOGS (SPAY AND NEUTER AMENDMENTS) DATE: MARCH 17, 2026 For many months we have been reviewing and discussing the Municipal Code Chapter 6.04 Keeping and Control of Dogs Municipal Code concerning the spay and neuter requirements of dogs. The discussions have included meetings with representatives from Almost Home, researching other city ordinances and interviews with city officials such as Fort Smith, Russellville, Conway, Texarkana, and Fayetteville. The purpose of regulations like this is to control the overpopulation or proliferation of dogs in the city. The existing Municipal Code Chapter 6.04 Keeping and Control of Dogs already includes civil penalties in for an unaltered dog that has been placed in the city's impoundment facility. However,the current text of the code does not mention anything about mandating or requiring the altering or spay/neutering of dogs. The addition of these amendments complements the current code sections to restrict dogs running at large (Sections 6.04.16), owner's physical control of dogs (6.04.17) and confinement of dog in heat(estrus) (6.04.20). The proposed amendments include: • a proposed new section 6.04.16A that includes language addressing the spay neuter requirement with exceptions; and, • amendments to section 6.04.31 Civil Penalties section to incentivize owners. The amendments to the civil penalties section are necessary to allow the animal control officer to issue citations when a dog is picked up by Animal Control. The current language says that the citation is only issued at the time of impoundment.Animal Control (Code Enforcement)may not always be able to impound a dog due to the impoundment facility being full or for other reasons. Other amendments to the civil penalties section are suggested to make some corrections and to help incentivize owners to control their dogs and/or have them spay or neutered. Please let me know if you have any questions or request any additional information. ATTACHMENT"A" 6.04.16 Dog at large. No person who owns, keeps or harbors a companion/dog shall cause or permit such dog to run at large within the City.Any dog running at-large is hereby declared a public nuisance,whether currently licensed, registered or not, and may be promptly impounded as provided in this chapter. A. It shall be unlawful for any person owning a dog to fail to provide a secure and appropriate enclosure on his property as a primary means of confinement to prevent the escape or release of the dog. Confinement must be humane for the animal as well as secure and safe.All secure enclosures must meet the following guidelines: 1. Any and all gates must be self-locking or have a lock that is engaged at all times. 2. The property or area must be surrounded by a substantial fence or enclosure of sufficient strength, height,construction, materials, and design capable of preventing a dog from climbing, digging,jumping, or otherwise escaping of its own volition. 3. All gates and the height of the enclosure and the size of openings in the enclosure must be appropriate for the type of dog within the enclosure;and 4. All enclosures must be maintained to prevent a dog from getting through, over or under the enclosure. B. If an Animal Control Officer picks up a dog running at large and the dog is found to be microchipped: 1. The dog will be taken to its owner. 2. An Animal Control Officer will inspect the dog enclosure for compliance with this section. 3. If the owner is found to have an unsecure enclosure,the owner will be given thirty(30) days to make the enclosure secure. 4. If at the end of the thirty(30)days,the enclosure is still unsecure, a citation shall be issued to the owner of the dog. C. If an Animal Control Officer picks up a dog running at large,and no microchip is found: 1. The dog shall be taken to the City-approved animal impoundment facility until the owner picks up the dog. 2. Once ownership is established, an Animal Control Officer will go to the property where the animal is kept inspecting the enclosure for compliance. 3. If the owner is found to have an unsecure enclosure, he will be given thirty(30) days to make the enclosure secure. 4. If at the end of the thirty(30)days,the enclosure is still unsecure, a citation will be issued to the owner of the dog. 6.04.16A Spay or neuter of dogs (a) Female dogs having reached reproductive age must be spayed and male dogs having reached reproductive age must be neutered. Exceptions: 1.A dog that is secured at all times on a leash or within a secured building,enclosure or yard. 2.An exception maV be granted upon certification by a licensed veterinarian that sterilization surgery is of significant health risk to a specific dog due to its age or health condition. (b)Civil penalties for an unaltered dog that has been picked up by the Animal Control Officer shall be those set in section 6.04.31. ATTACHMENT "B" 6.04.31 Civil penalties and service fee. A. When the Animal Control Officer picks up a dog, the owner of a dog shall be assessed one or more of the following civil penalties for failure to comply with the requirements of this chapter. identified,the ekvneF shall be assessed one OF ffleFe of the following civil peRalties: 1. If the dog is not licensed, not microchipped, and not altered, the civil penalty will be one hundred fifty dollars($150.00). 2. If the dog is microchipped but not licensed and not altered,the civil penalty will be one hundred twenty4ive fifty dollars 150.00 ($125.00).. 3. If the dog is licensed and microchipped but not altered the civil penalty will be one hundred fifty dollars($150.00). 4. If the dog is licensed,affd microchipped and altered, no civil penalty shall be assessed; however, the owner of such dog shall pay the service fee set forth in subsection C. of this section. 4. C04 penalties [in subseetions]AA. and A.2.will be 5. Fines for violation of section 6.04.19 and 6.04.19A will be doubled for the second offense and tripled for the third offense and any subsequent offenses B. If the owner, after retrieving the dog from the City or the City's impoundment facility, has the dog altered and/OF micrechipped within ten (10) days, the civil penalty will be waived. feF having the deg altered and twenty five dollars($25-00)feF haviRg the dog . Proof of such action shall be provided to the Animal Control Officer or the approved/contracted impoundment facility who shall then process payment consistent with the reduced civil penalty. C. In addition to and supplemental to any criminal provisions which may attach, the owner of the dog shall be subject to the civil penalty provisions provided in subsection A. of this section and the owner of the dog shall pay to the City a service fee in the amount of twenty-five dollars ($25.00)for the service of holding the dog transported to the impoundment facility.The service fee to be paid to the City shall be in addition to and supplemental to any impoundment fee charged by the impoundment facility.The service fee provided for by this section shall be collected by the impoundment facility at the time the dog is claimed by the owner and then paid to the City.Additionally,the impoundment facility shall require any unlicensed dog to be licensed, and the license fee shall be remitted to the City. D. An individual is subject to the following fines for failure to comply with applicable sections of this chapter: Violation Fine Dangerous Animal at Large $250.00 Sections 6.04.23 and 6.04.24 Failure to Register $30.00 Section 6.04.03 +Registration Fees Failure to Wear/Display a Registration Tag $25.00 Section 6.04.06 Public Nuisance $50.00 Sections 6.04.07, 6.04.09, 6.04.15, 6.04.17, 6.04.191, 6.04.19A1,6.04.20, 6.04.21, , 6.04.30 Failure to Comply with Breeder License requirements $125.00 Sections 6.04.08, 6.04.09 Failure to Vaccinate for Rabies $25.00 Section 6.04.11 Failure to Wear/Display Rabies Tag $25.00 Section 6.04.11 False Information on Registration, Fraud(i.e. Ownership/Address) $100.00 Section 6.04.03,6.04.10 +Registration Fees Placing an Animal in Distress $250.00 Sections 6.04.16,6.04.17 Abandonment/Neglect/Cruelty $250.00 Sections 6.04.14,6.04.15, 6.04.22,6.04.27:6.04.28 1 Fines for violation of section 6.04.19 and 6.04.19A will be doubled for the second offense and tripled for the third offense and any subsequent offenses. E. All civil penalties and service fees are payable to the City.