ORD NO 08-2007 0 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. -2007
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING TITLE 6 (SECTION 6.04.01 OF
THE VAN BUREN MUNICIPAL CODE) TO ADDRESS
VICIOUS OR DANGEROUS DOGS, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren has found that the keeping of vicious and dangerous dogs
inside the corporate limits is a public nuisance and a serious threat to the health and
safety of its citizens and the community; and
WHEREAS, theCity of Van Buren has determined that reasonable rules and regulations are needed
to protect its citizens and other animals from attacks by vicious or dangerous dogs;
and
WHEREAS, the promulgation and adoption of this Ordinance is made pursuant to the City of Van
Buren's police power; and
WHEREAS, the City of Van Buren has found that purposes hereof require immediate attention,
for the protection of the health, welfare and safety of the inhabitants of the City of
Van Buren, and as herein set out, an emergency exists and is hereby declared to exist,
and this ordinance shall be and become effective immediately upon this passage and
adoption by the City Council.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Ordinance Number 26 -1996 (Section 6.04.11 of the Van Buren Municipal Code) is
amended, following subsection "A," to read as follows:
B. A vicious du is um, that has a dispu itiuu to Litc human bLiu ui trod
11a uiuncdiatcl piwcding sia (6) month, 111) wc.c., tin- fact that a du has bitkn-OT
rarert n scithc of this tIc fact that a dvg bittc11 OT
i,
In cuns.dcu..d a vicious do_
B. "Vicious dog" means any dog which has:
1. A disposition to bite human beings or other animals, and any dog which has
bitten or attempted to bite any human being or other animal within the
immediately preceding six (6) month; however, the fact that a dog has bitten
or attempted to bite some person or animal in direct reaction to being teased
or molested by that person or animal shall not cause that dog to be considered
a vicious dog within the sense of this definition. Similarly, the fact that a dog
has bitten or attempted to bite some person or another animal, when that
person or other animal has intruded into a confined area being protected by
the animal, shall not cause it to be considered a vicious dog under this
definition;
2. Caused a life threatening injury, broken bone, multiple sutures, or any injury
requiring medical attention to a person or domestic animal, without
provocation, on public or private property; or
3. Killed a domestic animal, without provocation, on public or private property;
or
4. Is owned or harbored primarily or in part for the purpose of dog fighting or
is a dog trained for fighting.
C. "Dangerous Dog" means any dog which displays or has a tendency, disposition or
propensity to:
1. Bare its teeth or approach in a menacing manner a person or domestic animal
that is not provoking the dog, or
2. Attack, chase, charge or bite a person or domestic animal in a menacing
manner, or attempt to do so.
D. Classification of a dog as a "vicious" or "dangerous The following procedure shall
be followed for classifying a dog as vicious or dangerous:
1. Animal Control shall be authorized initially to classify a dog as dangerous or
vicious. Animal Control may find and declare a dog to be vicious or
dangerous if the officer has probable cause to believe that the dog falls within
the definition set forth herein. The finding must be based upon:
a. The written complaint of a citizen who is willing to testify that the
dog has acted in a manner which causes it to fall within the definition
set forth herein; or
0
b. A report filed with Animal Control or any law enforcement officer;
or
c. Actions of the dog witnessed by Animal Control or by any law
enforcement officer.
2. The classifying of a dog as vicious or dangerous shall be in writing and shall
be served on the owner or harborer by one of the following methods:
a. Certified mail to the owner's or harborer's last known address; or
b. Personally.
E. Appeal of determination. Any person who has received notice that his or her canine
has been deemed a vicious or dangerous dog may appeal such decision to the Animal
Control /Code Enforcement supervising officer "Supervisor The appeal must be
in writing and made within five (5) business days of the day the notice was provided
in accordance with this section.
1. The Supervisor shall schedule and hold a hearing, within five (5) business
days after receiving the written appeal, to review the initial classification.
The Supervisor's decision shall be considered the final decision of the city as
to whether the canine is a vicious or dangerous dog.
2. If the initial classification is not appealed or if the right to appeal is waived,
the initial classification shall be considered the final decision of the city as to
whether the canine is a vicious or dangerous dog.
3. An appeal from the decision of the Supervisor may only be made to a court
of competent jurisdiction.
F. During the entire appeal process, it shall be unlawful for the owner or harborer
appealing the classification of vicious or dangerous dog to allow or permit the dog
to:
1. Be unconfined on the premises of the owner or harborer; or
2. Go beyond the premises of the owner or harborer unless such dog is securely
leashed and humanely muzzled or otherwise securely restrained.
G. Animal Control may require temporary confinement of the dog pending the
determination required in this section. If the owner or harborer does not comply
immediately with the temporary confinement requirements, the dog shall be
impounded as provided in section 6.04.07 of this Code.
H. No person shall own, possess or cause to be in the city any dog which Animal
Control has determined to be a dangerous or vicious dog, unless it is restrained,
confined or muzzled so that it cannot charge, attack, bite or cause injury to any
person or domestic animal, and unless it is maintained at all times in compliance with
any order of compliance issued under this article.
Upon determination that a dog is dangerous or vicious, Animal Control shall issue
an order of compliance requiring the owner or harborer immediately to confine,
muzzle and restrain the dog sufficiently to protect all persons and domestic animals,
and otherwise to comply completely with the terms of this article. Coming into full
compliance with this article shall not exceed forty -five (45) business days from the
date of issuance of the order of compliance.
J. The order of compliance may, in the reasonable discretion of Animal Control, require
that:
1. When outside of the walls of the owner's or harborer's home, the dog shall be
confined in pen as set forth in the definition of "pen" in this section except
when entering or exiting the pen.
2. It shall be unlawful for a vicious dog to be outside of a dwelling or enclosure
unless it is necessary for the owner or harborer thereof to obtain veterinary
0 care for the vicious dog or to sell or give away the vicious dog or to comply
with commands or directions of Animal Control with respect to the vicious
dog. In such event, the vicious dog shall be securely muzzled and restrained
with a chain leash not exceeding four (4) feet in length, and shall be under the
direct control and supervision of an individual capable of restraining and
controlling the vicious dog.
3. The owner's or harborer's home and the dog's pen shall be posted with firmly
attached and prominently displayed signs warning the public that the dog is
dangerous or vicious. These signs shall be furnished by the City of Van
Buren and will be distributed upon payment of any license fee required to be
paid pursuant to this Ordinance.
4. The owner or harborer of a vicious dog shall provide proof upon request by
an animal control or law enforcement officer of liability insurance in the
amount of $1,000,000.00 covering harm done by the dog.
5. The owner or harborer of a vicious dog shall provide proof upon request by
an animal control or law enforcement officer that the dog has been spayed or
neutered.
K. Upon a determination that a dog:
1. Is a dangerous dog, the owner or harborer shall present the dog for
photographing by Animal Control sufficient to identify the dog for city
records and have a microchip identification implanted by a licensed
veterinarian or any area humane society.
2. Is a vicious dog, the owner or harborer shall present the dog for
photographing by Animal Control sufficient to identify the dog, for city
records, and have a microchip identification implanted by a licensed
veterinarian or any area humane society.
L. By continuing to be an owner or harborer of a dog within the city, which has been
determined to be a dangerous or vicious dog, the owner or dog harborer shall be
deemed to have given implied consent to reasonable inspections by Animal Control
of the dog, of the premises where it is kept, and of documents evidencing any
required liability insurance.
M. If the ovmer or harborer fails to meet fully Animal Control's requirements for
temporary confinement and restraint, including any schedule of construction of pen
or restraints, or fails to maintain full compliance with the order of compliance,
Animal Control may seize and impound the dog, and may after five (5) business days
humanely destroy it, unless the owner or harborer has demonstrated full obedience
to the requirements for temporary confinement and the order of compliance, in which
case the dog may be returned after payment of all impoundment costs and fees.
N. A determination that a dog is dangerous or vicious shall stand until Animal Control
determines otherwise by written finding.
0. No person shall be an owner or harborer of or cause to be in the City:
1. Any dog determined to be a dangerous dog by Animal Control unless an
annual special license fee of $250.00 shall have been paid to the city; or
2. Any dog classified vicious by Animal Control unless an annual special
license fee of $1,000.00 shall have been paid to the city. No such license
shall be issued except upon proof of paid annual liability insurance in the
amount of $1,000,000.00 as required by this ordinance.
P. The owner or harborer of a dog in violation of any provision of this section shall be
deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by
the assessment of a fine up to $500.00 per occurrence.
Q. If a complaint has been filed in the district court against the owner or harborer of an
impounded dog for violation of this section, it shall not be released except on the
order of the court, which order may also direct the owner or harborer to pay a fine
and all impoundment fees. Upon finding that the dog is vicious, the court may order
it to be euthanized in a humane manner. Surrender of a dog by the owner or harborer
thereof to Animal Control shall not render the owner or harborer immune from the
fines and fees of this article.
R. An owner or harborer of a dangerous or vicious dog, who desires to transfer
possession of the dog shall, at least three (3) days prior to the transfer, complete and
return a notarized transfer form provided by Animal Control.
S. Any notice required under this article shall be deemed delivered:
1. Five (5) business days after being mailed, first class postage prepaid, to the
residential or business address of the owner or harborer;
2. Twenty -four (24) hours after being posted at the location where the dog is
held, unless it is impounded by the city; or
3. Upon hand delivery to the owner or harborer.
T. It shall be an affirmative defense to prosecution under this article that the dog:
1. Is owned by a law enforcement agency and used for law enforcement
purposes; or
2. Directed its behavior at a person who was committing a willful trespass or
other tort upon the property of the owner; or
3. Directed its behavior at a person who was committing a violent offense to the
owner or dog when off the owner's property, but under restraint; or
4. At the time of its behavior was in custody of a veterinarian or animal shelter.
U. It shall be unlawful for any dog owner or harborer knowingly to allow such dog to
run at large within the corporate limits of the city.
V. For the purposes of this section "Pen" shall mean an enclosure for domestic animals
meeting the following requirements:
1. The minimum pen size shall be 4' X 6' or twenty -four (24) square feet for one
dog under fifty (50) lbs. For dogs over fifty (50) lbs., the minimum pen size
shall be 5' X 10' or fifty (50) square feet.
2. In all pens, each dog housed therein shall have room to stand, lie down, turn
around and sit normally away from its own waste; this requires a minimum
of 4' X 6'. A pen 5' X 10' shall hold no more than one (1) large, or two (2)
medium, or three (3) small breed dogs.
3. All pens shall be a minimum of six (6) feet in height.
4. All pens surrounded on all sides and top by chainlink fencing of at least no.9
gauge, with steel ties, maximum 2.5 -inch mesh, with concrete or similar
flooring or with side fencing buried 18 inches into the ground, and with gates
padlocked.
W. All other provisions of this article notwithstanding, any vicious dog, for which an
order of compliance has been issued, but which is thereafter found outside the walls
of the owner's or harborer's home or pen, shall be humanely destroyed five (5) days
from the time of notification of the owner or harborer as set forth in Section 6.04.08
of the Van Buren Municipal Code.
SECTION 2: Emergency Clause. It is hereby found and determined by the City Council that an
emergency exists in the City of Van Buren, Arkansas, requiring specific regulation
of "dangerous" and "vicious" dogs. This Ordinance being necessary for the
immediate preservation of the public health, safety and welfare, an emergency is
therefore declared to exist and this ordinance shall be in full force and effect from
and after the date of its passage.
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.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve,. and adopt, by a vote of La for and o against, the foregoing Ordinance at its
teeting held on the day of April 2007.
jb!s.
Robert D. Freeman, If aye
ATTESTED: AP" OVED A 0 FORM:
C71t QH lL111. �J
I Lar
Barbie Curtis, City Clerk/Treasurer N. 1
.ld Jenki IV,, Attorney