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|---|---|
| Related Area: | | Animal Control | | Public Safety | |
| Related Elkins Municipal Code (EMC): | | Chapter 6.04 | | Title 06 | |
| Related Year: | 2020 | |
Ordinance #: 05-21-2020B
AN ORDINANCE AMENDING CHAPTER 6.04: ANIMAL CONTROL OF TITLE 6: ANIMALS AND FOWLS TO REQUIRE CONFINEMENT OF ALL DOGS, DEFINING THE TERM “DANGEROUS OR VICIOUS ANIMAL”, PROHIBITING THE POSSESSION OF A DANGEROUS OR VICIOUS ANIMAL AND FERAE NATURAE, PROVIDING A PENALTY FOR FAILING TO COMPLY 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 Chapter 6.04: Animal Control of Title 6: Animals and Fowls of the Elkins Municipal Code to include restrictions for dangerous or vicious 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, in connection therewith, the City Council of the City of Elkins has determined that it is in the best interest of the citizens of the City of Elkins to revise restrictions and regulations for dangerous or vicious dogs within the City of Elkins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELKINS, ARKANSAS, THAT:
Section 1: Title. This ordinance shall be known as the Vicious Animal Ordinance.
Section 2: Definition. The term “dangerous or vicious animal” shall be used to describe an animal that has demonstrated by prior conduct or contemporaneous attitude toward another animal or a human a reasonable likelihood to attack and seriously injure either.
Section 3: Dangerous or Vicious Animals Banned. No person shall harbor, own or possess any dangerous or vicious animal within the corporate limits of the City of Elkins.
Section 4: All dogs to be confined. All dogs kept in the city limits shall be confined indoors or to a fenced area of sufficient height and strength to prevent the enclosed animal from escaping. The fenced area may not encompass access to the front door of the main building on the property or any secondary residential structures and must contain adequate shelter for the dog. Nothing contained in this section shall prevent a person from traveling in and about the City of Elkins with a dog on a leash.
Section 5: Ferae Naturae Prohibited. It shall be unlawful for any person to harbor, own or possess a ferae naturae (generally: wild animals), except to transport one from one location outside the Elkins corporate limits to another location outside the Elkins corporate limits.
Section 6: Grace Period for Compliance with Section Four. A person not in compliance with the provisions of Section Four hereof shall have thirty (30) days to come into compliance with them before any citation is issued.
Section 7: Penalty for Violations, (a) Any person found guilty of violating this ordinance shall be fined an amount of no less than $25.00 and no more than $100.00. (b) Any person found guilty of violating Section Three of this ordinance shall be fined no less than $100.00 and no more than $1,000.00 for the first offense and may be incarcerated for a term of up to thirty (30) days in the Washington County Jail.
Section 8. 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 9. Declaration of Emergency. It is hereby found and determined that there are currently no regulations for dangerous or vicious dogs within the City of Elkins in order to provide for the public health, comfort, safety, convenience 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.