FW: [RDOWS] City of North Little Rock, AR Dog Ordinance :BSL

ARTICLE II. DOGS

DIVISION 1. GENERALLY

Sec. 10-36. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
At large means a dog which is not confined to the premises of the owner or within a house or other building, or enclosed 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 or confined within an automobile when away from the premises of the owner.
Dogs means animals of all ages, both female and male, which are members of the canine or dog family.
Owner means every person owning, keeping or harboring a dog within the city.
(Code 1980, § 7-21)
Cross references: Definitions generally, § 1-2.

Sec. 10-37. Number limited.
It shall be unlawful for any person to own, keep or harbor more than four dogs which are over six months old within the city, except that this provision shall not apply to proprietors of dog hospitals and veterinarians when such dogs are kept upon the premises used by such dog hospital and veterinarians as their normal place of business. Keeping on the premises of the owner of more than four dogs shall be prima facie evidence of violation of this section, and the burden of proof shall be on the owner to show the age of such dogs.
(Code 1980, § 7-22)

Sec. 10-38. Running at large prohibited.
No person owning, possessing or keeping a dog shall allow such dog to run at large within the city.
(Code 1980, § 7-23)
State law references: Authority of city to prevent dogs from running at large and providing for the destruction of the same, A.C.A. § 14-54-1102.

Sec. 10-39. Citations.
The police department, the health department and animal control workers are hereby authorized to issue citations for violations of this article.
(Code 1980, § 7-35)

Sec. 10-40. Barking and howling.
It shall be unlawful for any person to keep on his premises or under his control any dog which by loud and frequent barking and howling shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where such dog is kept.
(Code 1980, § 7-24)

Sec. 10-41. Dog confinement.
(a) Dog pens. Unless otherwise permitted under subsection d, outdoor dog pens shall be located 75 feet from any dwelling other than the person owning or controlling the dog. There shall be at least 150 square feet in such pen for each dog kept therein which is over six months of age.
(b) Tethering. Unless otherwise permitted under subsections (c) and (d), it shall be unlawful for any person to tether a dog to any inanimate object as a means of confinement.
(c) Trolley systems. A trolley system is a method to confine a dog by tethering the dog to a cable that is no less than ten feet in length and elevated four to seven feet off the ground in a manner that allows the tether to move freely along the length of the cable. Unless otherwise permitted under subsection (d), it shall be unlawful for any person to confine a dog through the use of a trolley system:
(1) Between the hours of 8:00 p.m. and 6:00 a.m.;
(2) That is located within 75 feet from any dwelling other than the person owning or controlling the dog or is located in a place that allows the dog to trespass on a neighbor's property;
(3) To which more than one dog is attached; or
(4) In a manner that poses harm to the dog including, without limitation:
a. The use of a collar or harness that is ill-fitting or constructed of any material other than leather or nylon;
b. The use of a tether that exceeds 25 percent of the body weight of the dog; or
c. The use of a trolley system in an area that contains hazards to the dog or deprives the dog of food, water, or shelter.
(d) Permit. The Director of the North Little Rock Animal Shelter is hereby authorized to issue permits to allow the confinement of a dog in a manner that would otherwise be prohibited by this section.
(1) Criteria. No permit shall be issued unless the director determines that: (i) unusual circumstances warrant confinement of the dog in this manner; (ii) the welfare of the dog will not be harmed by the confinement; and (iii) the neighborhood will not be adversely impacted by the confinement.
(2) Inspection. All permits issued under this subsection shall require consent to both scheduled and unscheduled inspections of the animal and confinement area.
(3) Revocation. The director shall revoke a permit issued under this subsection if: (i) the holder of the permit is convicted of any offense under local, state, or federal law involving animal cruelty; or (ii) an inspection indicates that the criteria authorizing the permit are no longer met.
(e) Nothing in this section shall be construed to prohibit walking dogs with a hand-held leash.
(Code 1980, § 7-25; Ord. No. 7860, § 1, 9-25-06)

Sec. 10-42. Condition of premises.
It shall be unlawful for any person keeping or harboring dogs to fail to keep the premises where such dogs are kept free from offensive odors to the extent that such odors are disturbing to any person residing within reasonable proximity of such premises. A diligent and systematic effort must be made to eliminate or fill any holes on the premises to avoid said holes from holding water, urine or feces. It shall be unlawful to allow premises where dogs are kept to become unclean by failing to diligently and systematically remove all animal waste from the premises every 72 hours.
(Code 1980, § 7-26; Ord. No. 7513, § 1, 12-23-02)

Sec. 10-43. Molesting dogs.
It shall be unlawful for any person to tie to the tail of any dog a tin can or paper bag or in any other way annoy or harass any dog upon any street, sidewalk or alley in this city.
(Code 1980, § 7-30)

Sec. 10-44. Vicious dogs.
(a) Definitions. For the purposes of this section, the term vicious dog shall mean any member of the canine (dog) family that:
(1) Has exhibited fierce or vicious behavior toward a person;
(2) Has attacked a person or another animal with such severity as to cause physical injury or property damage; or
(3) Is the offspring of a domestic dog and an innately wild animal. The behavior of a dog should not be considered vicious if the dog was provoked or teased. When rendering a determination pursuant to this section, any canine that reasonably resembles an innately wild animal shall be presumed to be the offspring of a domestic dog and an innately wild animal; however, this presumption may be defeated by a preponderance of evidence to the contrary. When used in this section, the term "offspring" includes animalsthat are separated by less than three reproductive generations from an innately wild animal.
(b) Initial determination. An animal control officer shall deem a canine to be a vicious dog if the animal control officer determines that the canine satisfies the definition of a vicious dog as described in subsection (a). Upon deeming the canine to be a vicious dog, the animal control officer shall notify the owner by hand delivery or by mailing a notice by certified mail to the owner. The officer shall also apprehend the canine and shall not release it until the requirements of subsection (d) have been met or until so ordered bya court of competent jurisdiction.
(c) Appeal of determination. Any person who has received notice that his or her canine has been deemed a vicious dog may appeal such decision to the Director of the North Little Rock Animal Control Department. The appeal must be made within ten days of the day the notice was made in accordance with subsection (b). Upon receiving an appeal, the director shall schedule and hold a hearing within ten days to determine whether the initial determination was rendered in error. The director's decision shall be considered the final decision ofthe city as to whether the canine is a vicious dog. If the initial determination is not appealed or if the right to appeal is waived, the initial determination shall be considered the final decision of the city as to whether the canine is a vicious dog. An appeal from the decision of the director may only be made to a court of competent jurisdiction.
(d) Release. A canine that has been apprehended pursuant to subsection (a) shall only be released by the animal shelter if all of the following conditions have been met:
(1) The owner has signed a written agreement that unless and until the canine is determined to no longer be a vicious dog by the animal control department or a court of competent jurisdiction, the canine shall be controlled in a manner consistent with this section when it is within the municipal limits of North Little Rock; and
(2) The canine has been permanently identified by the animal control department by a unique identifying mark as a vicious dog or the owner has signed a written agreement to have such mark affixed to the canine within 20 days or until all appeals have expired.
The animal control department shall establish and maintain standardized forms to implement the requirements of this subsection. No vicious dog in the possession of the animal control department shall be released to any person other than the owner.
(e) Failure to retrieve. The animal control department may humanely destroy any vicious dog that is not retrieved by the owner within five days of the day the owner is notified that a final decision has been reached deeming the canine a vicious dog or within five days of the day that the owner is notified that the vicious dog has been impounded, whichever is later. A canine that is found to not be a vicious dog shall be retrieved, destroyed, or adopted in accordance with the ordinances, rules, and regulations of the city and the animal control department that generally apply to all impounded dogs.
(f) Control of vicious dogs. Vicious dogs shall be kept secure at all times. Any person who owns, possesses, keeps, or harbors a vicious dog within the municipal limits of North Little Rock shall:
(1) Keep the vicious dog confined within a dwelling unit or a commercial building;
(2) Keep the vicious dog on a leash under the control of a responsible handler; or
(3) Keep the vicious dog in a secured enclosure with a covered top and a secure bottom when outdoors and unattended.
It is hereby declared that violations of this section are unlawful and that such violations are declared to be strict liability offenses. Any person who violates this subsection shall be subject to the penalties described in subsection (h).
(g) Transfer of care or ownership. No person who owns, possesses, keeps, or harbors a vicious dog shall knowingly allow another person to own, possess, keep, or harbor the same vicious dog without first disclosing that it has been deemed vicious, as well as the requirements associated with vicious dogs. A person who transfers ownership of a vicious dog to another person shall notify the animal control department no later than ten days after the transfer is made. It is hereby declared that violations of this section are unlawful. Any personwho violates this subsection shall be subject to the penalties described in subsection (h).
(h) Violations and penalties. Any person convicted of violating the provisions of this section shall be guilty of a violation and shall be fined not more than $500.00. If the violation in its nature is continuous in respect to time, the fine shall not exceed $250.00 per day. Additionally, the convicting court may, in the courts discretion, order the vicious dog that is the subject of the offense to be destroyed.
(Code 1980, § 7-28; Ord. No. 7235, §§ 1--8, 8-9-99; Ord. No. 7281, § 1, 4-10-00; Ord. No. 7586, § 3, 9-22-03)

Sec 10-45. Liability for dogs.
Any person who owns, keeps, harbors, or possesses a dog that attacks a person causing harm to property or body or exhibits vicious or ferocious behavior towards a person shall be guilty of a violation. It shall be an affirmative defense to this offense that the dog was provoked or teased. Any person convicted of violating the provisions of this section shall be guilty of a violation and shall be fined not more than $500.00. If the violation in its nature is continuous in respect to time, the fine shall notexceed $250.00 per day. Additionally, the convicting court may, in the courts discretion, order the vicious dog that is the subject of the offense to be destroyed.
(Ord. No. 7586, § 4, 9-22-03)

Sec. 10-46. Banning of pit bull breeds of dogs.
(a) [Banned.] Banned pit bull breeds of dogs are banned entirely and may not be owned or kept within the city. Banned breeds of pit bull dogs are any of the following:
(1) American Pit Bull Terrier.
(2) Staffordshire Bull Terrier, unless they meet the requirements of section 10-46(b).
(3) American Staffordshire Terrier, unless they meet the requirement of section 10-46(b).
(4) American Bull Dog.
(5) Any dog whose sire or dam is a dog of a breed which is defined as a banned breed of dog under this section.
(6) Any dog whose owner registers, defines, admits or otherwise identifies the dog as being of a banned breed.
(7) Any dog conforming or substantially conforming to the breed of American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier or American Bull Dog as defined by the United Kennel Club or American Kennel Club.
( Any dog which is of the breed commonly referred to as "pit bull" and commonly recognizable and identifiable as such.
(b) Exemption of registered AKC show dogs. An AKC American Staffordshire Terrier or Staffordshire Bull Terrier may be exempted from the ban in subsection (a) provided that the owner produces documentation showing that the dog is a registered AKC American Staffordshire Terrier or Staffordshire Bull Terrier show/performance dog. The documentation to prove that a dog is an AKC American Staffordshire Terrier or Staffordshire Bull Terrier show dog/performance dog, must include:
(1) An AKC registration;
(2) AKC three-generation pedigree;
(3) Proof of the dog being used as a show dog once the dog reaches the age of six months; and
(4) The first five numbers of the AKC registration tattooed on the abdomen on the upper side of the left rear leg.
The exemption provide for in the subsection will no apply to any AKC registered dog discussed above that is found to be vicious pursuant to section 10-44.
(c) Publication. For any breed which is banned by subsection (a) of this section, a copy of the standards of the American Kennel Club and United Kennel Club shall be kept on file in triplicate in the city clerk's office; and prior to the passage of any ban of such breed, the clerk shall advertise the incorporation by reference of the standards of such breed of dog and shall state that copies of the standards will be on file for public review in the clerk's office prior to passage of the ban of such breed.
(d) Grandfathering. The owner of a pit bull dog will have 30 days after passage of this section to register the animal with North Little Rock Animal Control (NLRAC) pursuant to the following criteria: