CHAPTER 6
ANIMALS AND FOWL


Art. I. In General §§ 6-1 - 6-13
Art. II. Dogs §§ 6-14- 6-25
Art. III. Cats §§ 6-26 - 6-30

ARTICLE I. In General

Sec.6-1. Livestock at Large Prohibited.

Hereafter it shall be unlawful for any horse, mare, mule, colt, jack, jennet or swine of any kind, sheep, goats or cattle of any kind whatever to run at large within the limits of this City at any time, day or night, and it is hereby declared to be unlawful for the owner or person in charge of any of the animals above mentioned to suffer or permit any such animals to run at large within the limits of this City contrary to the provisions of this Article. (Code 1938. § 155)

Sec. 6-2. Keeping Hogs Prohibited.

The keeping of any hog or hogs within the limits of the City is hereby declared a nuisance
and is hereby made unlawful. (Code 1938. § 156)

Sec. 6-3. Same -- Penalty.

Any person violating the provisions of Section 6-2 shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars ($25 .00) nor more than one hundred dollars ($100.00), and each day that the provisions of this Article are violated shall constitute a separate offense. (Code 1938. § 157; Ord. :No. 96-16. § 13.6-!0-96)

Sec. 6-4. Keeping of Cows Prohibited; Penalty.

a.

The keeping or maintaining of any cow or cattle of any kind within the City limits of Searcy, .A.Arkansas, is hereby declared a nuisance and is hereby made unlawful.

b.

Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), and each day that the provisions of this section are violated, shall constitute a separate offense. (Ord. No. 537. §§ 1,2.5-4-71)

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Sec. 6-5.

Sec. 6-6. Keeping Fowl Prohibited; Penalty.

a.

Except as hereinafter provided, the keeping or maintaining of any fowl in excess of six (6) in number on any property by any person within the limits of the City of Searcy, .Arkansas, is hereby declared a nuisance and is hereby made unlawful.

b.

For purposes of this Article the term "fowl" shall mean and include all chickens, ducks, geese, guineas, turkeys, pigeons, or any other type of manner of bird or fowl.

c.

Any person or persons violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $100.00, and each day that such offense continues shall constitute a separate offense.

d.

Notwithstanding anything to the contrary herein contained, the provisions of this section shall be inapplicable with respect to the keeping or maintaining of any such fowl, without regard to number, upon lands which are zoned within the urban transitional district under the provisions of the Searcy Zoning Code as adopted by Ordinance No. 683 of the City of Searcy, .Arkansas. rOrd. ,No. 88-19. jO-I-88; Ord. .No. 88-16. § 1.8-9-88)

Keeping of Wild Animals Prohibited; Penalties for Violation.

The keeping or maintaining upon any property within the City of Searcy of any wild animal is hereby strictly prohibited. For purposes hereof, the term, "wild animal" shall mean and include an animal incapable of being completely domesticated and requiring the exercise of art, force or skill to keep it in subjugation and shall specifically include, without limitation, lions, tigers, cougars, panthers, bears, wolves, boa constrictors, and coyotes. The keeping or maintaining of a wild aninmal in violation of this Section is hereby declared to be a misdemeanor and the owner of any property upon which any such wild animal is found shall, upon conviction, be assessed a fine of not less than $25.00 nor more than $100.00. Each day that any such wild animal remains upon property within the limits of the City of Searcy shall constitute a separate offense. (Ord. .No. 96-22, § I, 9-10-96)

Sec. 6- 7 - 6-13 Reserved.

ARTICLE II. Dogs

Sec.6-14. Definitions.

For the purpose of this Article, the following words and phrases shall have the following meanmgs:

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Sec.6-15.

a.
Dogs. Animals of all ages, both male and female, which are members of the canine or dog family.

b.
Owner. Every person owning, keeping or harboring a dog with the corporate limits of the City.

c.
At large. Any dog not confined to the premises of the owner or within a house or other building or enclosure or restrained on the premises of the owner by a leash sufficiently strong to prevent the dog from escaping and restricting the dog to the premises, or not confined by leash but confined within an automobile when away from the premises of the owner.

d.
Vaccination. An injection of any vaccine for rabies approved by the state veterinarian and administered by a licensed veterinarian or an agent of the hea1th office.

e.
Vicious dog. A dog which has a disposition to bite humans and any dog which has bitten or attempted to bite any person within six ( 6) months immediately past; however, the fact that a dog has bitten or attempted to bite some person when that person was teasing the dog shall not constitute the dog a vicious dog within the meaning of this Article.

f.
License. A current license, certificate or tag issued by the City or its designated representative. {Ord. No.  482. § 1, 1-4-66).

Sec. 6-15. Vicious Dogs Prohibited.

It shall hereafter be unlawful for any owner to keep within the corporate limits of the City any vicious dog unless said dog is muzzled or confined in a pen or tied in such a manner that it cannot bite any licensees or invitees coming upon the premises. {Ord. No.482, § 2, 1-4-66)

Sec.6-16. License Required; Tag.

It shall be unlawful for any person to own, keep or harbor a dog within the corporate limits of the City without having first obtained an annual dog license for all dogs six (6) months of age or over. Upon payment of the license fee to the City Clerk- Treasurer, or his designated representative, it shall be the duty of the Clerk Treasurer to furnish the owner of the dog with a metal tag. Every dog must have and wear a collar of such type that the City license tag may be firmly attached to the collar. The tag when issued shall at all times be securely attached to the dog's collar or harness, and failure to keep such tag on the dog's collar or harness shall be unlawful. The owner of all vicious dogs [as defined in Section 6-14(e)] shall post in a conspicuous place upon such owner's property,

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in the immediate vicinity of the location upon such property of the vicious dog, printed notices identifying the said dog as a vicious dog. (Ord. No.482, § 3, 1-4-66; Ord. ;Yo. 96-22, §2, 9-10-96)

Sec.6-17. License Tax on Dogs.

The annual dog license fee as hereinbefore described shall be in the amount of $5.00, until such time as the City Council shall, by ordinance passed for that purpose, modify the amount of said fee. (Ord. .Yo. 623. § 1,9-11-79)

Sec.6-18. Confinement of Dog.

Any person owning, possessing or keeping a dog, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such dog within an adequate fence or enclosure or within a house, garage or other building or shall confine such dog by a chain or leash affixed to the dog's collar and attached to some substantial, stationary object adequate to prevent the dog from running at large. (Ord. .Yo. 482. § 5, 1-4-66)

Sec.6-19. Maintenance of Unconfined Dog.

At all times when not confined, the person owning, possessing or keeping a dog shall confine such dog within an automobile or by having one end of a rope or leash affixed to some substantial, stationary object adequate to prevent the dog from running at large, or held by some person capable of controlling such dog or dogs. (Ord. ,Yo. 482, § 6, 1-4-66)

Sec. 6-20. Running at Large Prohibited.

Ko person o\v-ning, possessing or keeping a dog shall allow the same to run at large within the corporate limits of the City . (Ord. .Yo. 482, § 7, 1-4-66)

Sec. 6-21. Impounding; Notice to Owner; Fees and Charges; Unclaimed.

Disposition When

Dogs found running at large within the corporate limits of the City shall be taken by the City dogcatcher, or such other representative as may be designated by the City Council, and shall be impounded in the City animal shelter for a period ofseventy-two (72) hours during which time the owner of said dog may regain possession of said dog by paying to the City a fee of ten dollars ($10.00) for picking up said dog and a pound fee of four dollars ($4.00) for each day or part of a day that said dog is impounded. In addition, sufficient evidence must be presented that the dog has been duly licensed and vaccinated. In the event said dog has not been licensed and/or vaccinated the licensing and/ or vaccination shall be done and the fees paid therefor before the dog is released. If the owner of said dog is known to the poundkeeper, he shall give the owner notice by mail of the impounding of the dog. If the owner of the dog fails or refuses to claim and repossess the dog as prescribed herein within the seventy-two (72) hour period, the poundkeeper may deliver custody and

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possession of such dog to any person other than the owner upon the payment of the fees prescribed herein. If no one claims such dog or pays the fees prescribed herein after the expiration of the seventy-two (72) hour period, the dog shall be destroyed. Notwithstanding the foregoing, the Animal Control Officer of the City is authorized to humanely destroy any animal impounded in the City animal shelter when detemlined to be necessary by such officer to prevent the spread of disease, injury to other animals impounded within the said shelter, or other condition, all without regard to the notice and holding provisions herein provided. Further notwithstanding any contrary provision hereof, the Animal Control Officer for the City is authorized to take possession of and impound any animal which bites, molests or injures any person, or is suspected of doing so. (Ord. ;Vo. 482, y' 8, 1-4-66;
Ord. .Vo. 96-16, y' 14, 6-10-96; Ord. iVO. 96-22, §3. 9-10-96)

Sec. 6-22. Dogs Exposed to Rabies.

Any dog having rabies or symptoms thereof or suspected ofhaving rabies or which have been exposed to rabies shall immediately be released by the owner or custodian of such dog to the City dogcatcher, or such other representative as may be designated by the City, for disposal or confinement in the dog pound or in a veterinary hospital approved by the City . Such dog may be kept under the supervision of the poundkeeper for a period of thirty (30) days or for a longer period of time if in the opinion of the City health officer, or a qualified veterinarian, additional confinement is deemed necessa.ry. {Ord. No.482, § 9, 1-4-6.6)

Sec. 6-23. Noisy Dogs Prohibited.

It shall hereafter be unlawful for any owner or custodian to keep on his premises or lmder his control any dog which by loud and frequent barking or howling shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where said dog is kept. {Ord. 482, y' 10, 1-4-66)

Sec. 6-24. Sanitation of Premises Where Kept.

It shall be unlawful for any owner or custodian of any dog to fail to keep the premises where such dogs are kept free from offensive odors to the extent the odors are disturbing to any person residing within reasonable proximity of the said premises; and it shall be unlawful to allow said premises where dogs are kept to become unclean and a threat to the public health by failing to diliaentlv and svstematicallv remove all animal wastes from the premises. (Ord. ,Vo. 482, § 11, 1-4-66)

Sec. 6-25. Penalty for Violations.

Except as may otherwise be specifically provided in this Chapter, any person violating any provision of this Chapter 6 shall be guilty of a misdemeanor and, upon conviction, shall be fined in an amount of not less than $10.00, nor more than $100.00. Each day that any offense continues shall be deemed a separate offense. {Ord. No 482, j' 12, 1-4-66; Ord. ,Vo. 96-22, y' 4, 9-10-96)

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ARTICLE III. Cats


Sec. 6-26. Definitions.

For the purpose of this Article, the following words and phrases shall have the following meanIng:

a.
CATS - Animals of all ages, both male and female, which are members of the cat or feline family.

b.
OWNER - Every person, firm, partnership or corporation, owning, keeping or harboring a cat within the corporate limits of the City of Searcy .

c.
CACCINATION - An injection of any vaccine for rabies approved by the State Veterinarian and administered by a licensed veterinarian or his agent. (Ord. .No. 624, § 1, 9.11.79)

Sec. 6-27. Requirements for Vaccination.

It shall hereafter be unlawful for any owner of a cat six months of age or over, to keep or harbor a cat within the corporate limits of the City of Searcy without first having said cat vaccinated against rabies as set forth in Section 6-30(c) hereof. All such cats shall be required to have finnly attached to their collar, a tag signifying satisfaction of the vaccination requirement, and failure to keep such tag on the cat's collar shall be unlawful. (Ord. No.624, § 2, 9-11-79)

Sec. 6-28. Duties of Dogcatcher.

Any cat found running at large within the corporate limits of the City ofSearcy which does not have a current vaccination tag shall be taken by the City dogcatcher, or such other representative as may be designated by the City Council, and shall be impounded in the City animal shelter for a period of 72 hours during which time the owner of said cat may regain possession of said cat by paying to the City of Searcy a fee of $10.00 for picking up said cat and a pound fee of $4.00 for each day or part of a day that said cat is impounded. In addition, sufficient evidence must be presented that said cat has been duly vaccinated. In the event that said cat has not been vaccinated, the vaccination shall be completed and the fees paid therefor before the cat is released. If the owner of said cat is known to the pound keeper, he shall give the owner notice by mail of the impounding of said cat. If the owner of said cat fails or refuses to claim or repossess the cat as prescribed herein within the 72-hour period, the pound keeper may deliver custody and possession of such cat to any person other than the owner upon payment of the fees prescribed herein. If no claim is made for such cat after the expiration of the 72-hour period, said cat shall be destroyed. (Ord. No.624. § 3.9-11-79)

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See.6-29. Rabid Cats.

Any cat or cats having rabies or symptoms thereof, or suspected of having rabies or which have been exposed to rabies, shall immediately be released by the owner or custodian of such cat or cats to the City dogcatcher or such other representative as may be designated by the City, for disposal or confinement in the City animal shelter or in a veterinary hospital approved by the City.
Such cat or cats may be kept under the supervision of the pound keeper for a period of30 days or for a longer period of time if, in the opinion of the City health officer or a qualified veterinarian additional confinement is deemed necessary . {Ord. No.624, § 4, 9-11-79 )

See. 6-30. Penalties for Violation.

Any person violating any portion of this Article shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than S5.00 nor more than $50.00. Each day that such violation continues shall be deemed a separate offense. {Ord. No.624, $' 5, 9-11-7~)

Sec.6-31. Enforcement Responsibility .

Responsibility for the enforcemen: of the provisions of this Chapterr shall be vested in the animal Control Officer or Officers who shall be deemed Code Enforcement Officers (withiil the meaning of A.C.A. Sec. 12-9-108). The Animal Control Officer or Officers shall be supervised by the Police Chief of the City. {Ord ;Vo. 96-22, § 5, 9-10-96)

Sec. 6-31. The Animal Control Officer or Officers are empowered to issue citations for violations of the provisions of this Chapter 6 which citations shall be upon a form approved by the Searcy Municipal Court and shall be returnable to such Court. (Ord. No. 96-22. § 5 9-10-96)



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