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|Related Area:||| Animal Control | | Public Safety ||
|Related Elkins Municipal Code (EMC):||| Chapter 6.04 | | Section 6.04.03 | | Section 6.04.04 | | Title 06 ||
|Related Year:||2019 ||
Ordinance #: 04-18-2019A
AN ORDINANCE AMENDING SECTION 6.04.04: PROHIBITED CONDUCT OF CHAPTER 6.04: ANIMAL CONTROL OF TITLE 6: ANIMALS AND FOWLS TO INCLUDE THE RESTRICTION OF LOUD, FREQUENT OR HABIUTAL BARKING, HOWLING OR YELPING RELATING TO DOGS KEPT WITHIN THE CITY OF ELKINS, ARKANSAS; DECLARING AN EMERGENCY TO EXIST; AND FOR OTHER PURPOSES.
WHEREAS, on October 18, 2012 the City Council of the City of Elkins, Arkansas adopted Ordinance No. 08-16-2012A replacing Title 6: Animals and Fowls of the Elkins Municipal Code; and
WHEREAS, the City Council of the City of Elkins has determined that there is an immediate need to amend and revise Section 6.04.04 Prohibited Conduct of Chapter 6.04 Animal Control of Title 6 of the Elkins Municipal Code to include restrictions for loud, frequent, or habitual barking howling or yelping of dogs within the corporate limits of the City of Elkins; and
WHEREAS, the City Council of the City of Elkins is vested with the authority and responsibility to set policy and enact ordinances for the public peace, health, safety and welfare of the citizens of the City of Elkins; and
WHEREAS, the City of Elkins recognizes that the nuisance of loud, frequent, or habitual barking howling or yelping of dogs within the corporate limits of the City may affect the public peace, health, safety and welfare of the City and its inhabitants; and
WHEREAS, in connection therewith the City Council has determined that it is in the best interest of the citizens of the City of Elkins to revise restrictions and regulations for the keeping of dogs within the City of Elkins.
NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Elkins, as follows:
Section 1. That Section 6.04.04: Prohibited Conduct of Title 6 shall now read as follows:
- It shall be unlawful for the owner of any animal to allow or permit such animal or livestock to run at large upon any street or premises within the corporate limits of the city any time during the calendar year regardless of whether such animal or livestock has been vaccinated or licensed;
- It shall be unlawful for the owner of any animal to fail to display a city tag and rabies tag on such animal’s collar or otherwise attached to the body of the animal;
- It shall be unlawful for the owner of any animal to fail to pay the registration fee or vaccinate such animal as required by Elkins Municipal Code;
- No owner shall keep or otherwise allow or permit any dog which by loud, frequent or habitual barking, howling or yelping shall annoy or disturb nearby or neighboring persons; or
- It shall be unlawful for the owner of any animal to violate the provisions of 6.04.03 hereof.
Section 2. The Elkins Municipal Code for the City of Elkins, Arkansas shall remain unchanged in all respects other than those mentioned herein above.
Section 3. Any and all ordinance which are in conflict with this ordinance are repealed to the extent of the conflict and if any part of this ordinance is declared to be unconstitutional or illegal in anyway, that status shall not affect the remaining parts of this ordinance and those parts shall remain in full force and effect.
Section 4. Declaration of Emergency. It is hereby found and determined that there are currently no regulations for loud, frequent, or habitual barking howling or yelping of dogs within the City of Elkins in order to provide for the public health, comfort, safety, convivence and general welfare of the residents of the City of Elkins. Therefore, an emergency is declared to exist, and this Ordinance being immediately necessary’ to insure the proper growth and development of the City and for the preservation of the public peace, health, safety and welfare of the citizens of Elkins, Arkansas shall become effective immediately from and after the date of its passage.
PASSED AND APPROVED this 18th day of April, 2019