ORD NO 31-2018 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 3 ) - 2018
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND THE VAN BUREN MUNICIPAL CODE
CHAPTER 6.08, REGARDING ANIMALS AND FOWL INSIDE THE
CITY LIMITS.
WHEREAS, after a planning commission review of the requirements in the City of Van Buren
Municipal Code Chapter 6.08, regarding animals and fowl kept inside the city
limits, there is a need for requiring a conditional use permit for these purposes;
and
WHEREAS, a notice of a Public Hearing was duly published, and a Public Hearing was
conducted by the Van Buren Planning Commission to consider revisions thereto;
and
WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were
recommended by a unanimous vote of the entire Planning Commission.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Section 6.08.01 of the Van Buren Municipal Code shall be amended as follows:
A. It shall be unlawful for any person to keep; or maintain or permit to run at large within
the corporate limits of the city, any cows and/or horses except without a conditional use
permit, and as otherwise provided in this chapter.
B. The Van Buren Planning Commission shall reference the Natural Resource Conservation
Service as a guide when determining the appropriate size of land required for the animals
to be kept.
SECTION 2: Section 6.08.02 of the Van Buren Municipal Code shall be amended as follows:
A. It shall be unlawful for any person to keep any hogs, goats, or sheep within the city or to
-- • . . . . .. . - - - s. . . without a
conditional use permit, in an established stockyard and as provided in Section B, and as
otherwise provided in this chapter.
B.
1. The Van Buren Planning Commission shall reference the Natural Resource
Conservation Service as a guide when determining the appropriate size of land
required for the animals to be kept.
requirements herein. Each permit is for one (1) goat or (1) sheep and non
transferable to another animal.
2. ALL WILL BE DELETED
3. ALL WILL REMAIN
4. ALL WILL REMAIN
5. ALL WILL BE DELETED
SECTION 3: Severability. All ordinances or parts of ordinances in conflict herewith are
repealed to the extent of the conflict. The provisions of this Ordinance are
hereby declared to be severable, and if provisions shall for any reason be illegal or
invalid, such holding shall not affect the validity of the remainder of this
Ordinance.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of /D for and CC aga' , the foregoing Ordinance at its
regular meeting held on the 17th day of December 2018.
Robert D. -- •• - •
Mayor
ATTESTED: APPRO l !'a• S TO RM:
Ph llts Thomas Candice A. Settle
City Clerk/Treasurer City Attorney
CO S-22
6.04.13 Field of Dreams Notwithstanding any existing ordinances or regulations to the
contrary, effective May 1, 2011, no person shall bring onto or allow onto the Van Buren Field of
Dreams, any clog, with the exception of service dogs for the vision impaired or other qualifying
disability at any time. Violations of this provision will be subject to fines of no more than Two
Hundred Fifty Dollars ($250.00). Each occurrence constitutes a separate violation of this
ordinance. (Ord. No. 2011-5, Sec. 1.)
CHAPTER 6.08
OTHER ANIMALS AND FOWL
Sections:
6.08.01 Horses and cows
6.08.02 Hogs, goats and sheep
6.08.03 Diseased animals
6.08.04 Releasing animals
6.08.05 Fowl
6.08.06 Cruelty to animals
6.08.07 Wild and exotic animals
6.08.01 Horses and cows
A. It shall be unlawful for any person to keep, maintain or permit to run at large
within the corporate limits of the city, any cows and/or horses except as provided
in this chapter. The violation of this section is hereby declared to be a
misdemeanor. It shall be the duty of the proper law enforcement official to
enforce the provisions hereof.
13 The keeping of horses or cows within the corporate limits of the city is permitted
where they are maintained on an enclosed pasture containing one(1) acre for each
animal.
C The keeping of horses and cows in enclosures as herein provided within the limits
of the city shall be under the supervision and control of the proper law
enforcement official. Should any of the enclosures become harbors for breeding
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flies, mosquitoes and rats, or should they become unsanitary, obnoxious, unhealthful and/or
discomforting to any of the citizens of the city because of conditions created by keeping of said
animals, the proper law enforcement official, upon investigating and finding any such conditions
to exist, shall serve written notice on the owners or keepers of the premises as to the conditions
thereof by delivering a copy of the notice to the owner or keeper, or by posting same in a
conspicuous place on the premises, and if within five (5) days after service of notice said owner
or keeper has not corrected the conditions the city attorney is authorized to institute an action in a
court of competent jurisdiction to abate same as a nuisance.
6.08.02 Hogs. goats and sheep.
A. It shall be unlawful for any person to keep any hogs, goats or sheep within the
city or to permit any such animals to run at large within the city; except when in
transit, they may be kept for a period not to exceed twenty-four hours in an
established stockyard and as provided in Section B.
B.
1. A permit valid for a period of one year may be issued to keep goats and
sheep within the corporate limits of the city where they are maintained on
an enclosed pasture containing one (1) acre for each animal and upon
fulfilling the requirements herein. Each permit is for one (1) goat or (1)
sheep and non-transferable to another animal.
2. An applicant must fill out an application for the permit specifying the
name of the applicant, a phone number the applicant may be reached at
during the day, the address the animal(s) to be kept, the amount of
property owned or kept by the applicant where the animal(s)will be
located,the period of time the animal(s)will be kept on the property, that
the property containing the animal(s) is enclosed, and the names and
addresses of abutting property owners with written permission from all
butting property owners within the city limits of Van Buren. Said
application shall be filed with the City Clerk's office. The applicant must
submit $5.00 to the clerk upon tendering the application to cover
administrative costs associated with issuing the permit. (Ord. No. 14-04,
Sec. 1.)
3. The keeping of sheep and goat in enclosures as herein provided within the
limits of the city shall be under the supervision and control of the proper
law enforcement official. Should any of the enclosures become harbors
for breeding flies, mosquitoes, and rats, or should they become unsanitary,
obnoxious, unhealthful and/or discomforting to any of the citizens of the
city because of conditions created by keeping of said animals, the proper
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law enforcement official, upon investigating and finding any such
conditions to exist, shall serve written notice on the owners or keepers of
the premises as to the conditions thereof by delivering a copy of the notice
4. to the owner or keeper, or by posting same in a conspicuous place on the
premises, and if within five(5)days after service of notice said owner or
keeper has not corrected the conditions,the permit shall be immediately
revoked. Said owner or keeper shall not apply for another permit for a
period of one(1)year after said revocation.
5. Said permit shall expire after a period of one(1) year from its date of
issuance. A new permit may he applied for and issued after thirty(30)
days prior to the expiration of a permit under the guidelines set out herein.
(Ord.No. 2000-16, Sec. I.)
6.08.03 Diseased animals. No person shall be allowed to transport into this city any animal
affected with a contagious disease.
6.08.04 Releasing animals It shall be unlawful for any person to knowingly release any
animal in any public place within the corporate limits of the city.
6.08.05 Fowl. It shall be unlawful for any person owning or having control of any
chickens, turkeys, or other fowl to allow the same to run at large within the city.
6.08.06 Cruelty to animals. If any person shall drive, overload, torture, torment, deprive
of necessary sustenance or cruelly beat or needlessly mutilate or kill any animal, he shall be
guilty of a misdemeanor.
6.08.07 Wild and exotic animals
A. No person shall keep or permit to be kept on his premises any wild, exotic or
dangerous animal for display or for exhibition purposes, whether gratuitously or
for a fee. This section shall not be construed to apply to zoological parks,
performing animal exhibitions, circuses, veterinary clinic or hospital, or facility
for education or scientific purposes, however, such parks, exhibitions and
facilities shall use protective devises adequate to prevent such animals from
escaping or injuring the public.
B. No person shall keep or permit to be kept any wild, exotic or dangerous animal as
a pet.
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A. Wild, exotic or dangerous animal means any animal which is not commonly
domesticated, or which is not native to North America, or which, irrespective of
geographical origin, is of a wild or predatory nature, or any other animal which
because of its size, growth,propensity, vicious nature or other characteristics,
would constitute an unreasonable danger to human life, health or property if not
kept,maintained or confined in a safe and secure manner, including those animals
which, as a result of their nature or wild condition, cannot be vaccinated
effectively for rabies.
B. Wild, exotic or dangerous animals shall include,but not be limited to, alligators
and crocodiles,monkeys and other non-human primates, raccoons, skunks,
porcupines,wolf, fox, coyote, bears, venomous snakes and lizards, venomous fish
and piranha,weasels, wolverines, ferrets, badgers, cheetahs, cougars, leopards,
lions, lynx,panthers, mountain lions,tigers,wild cats, bob cats, birds of prey, and
fighting cocks and fighting game birds. (Ord. No. 23-94, Sec. 1.)
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