Saline County Arkansas
Code of Ordinances
1999
Chapter 3
ANIMALS
Article I. In General
Secs. 3-1--3-20. Reserved.
Article II. Vicious or Wild Animals
Sec. 3-21. Definitions.
Sec. 3-22. Permitting animals to go at large; impoundment and restraint.
Sec. 3-23. Investigation; restraint.
Sec. 3-24. Duty of individual to use protective measures.
Sec. 3-25. Penalty of enforcement.
Sec. 3-26. Investigation; impoundment.
Sec. 3-27. Complaints; investigation; corrective measures.
Sec. 3-28. Abandonment or dumping.
Sec. 3-29. Incorporation of state law.
Sec. 3-30. Costs.
Sec. 3-31. Proof of compliance with rabies control act.
Sec. 3-32. Exemptions.
Sec. 3-33. No encroachment on other official duties.
Article I. IN GENERAL
Article II. Vicious or Wild Animals
Sec. 3-21. Definitions.
(For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.)
Animal. The word animal pertains to any animal as set out in this section.
Animal owner shall mean any person having ownership or personal rights in a dog or other animal, or any person who keeps, in his care, acts as custodian for, or knowingly permits a dog or other animal to remain on or about any premises occupied by him.
Vicious animal means any animal that inflicts unprovoked bites or attacks human beings, livestock, domestic animals, or poultry, or any animal approaching an individual in such a way as to place that individual in such a way as to place that individual in reasonable fear of unprovoked injury or attack whether it occurs upon streets, sidewalks, and public grounds or private property.
(Ord. No. 94-1, § 1,1-18-94; Ord. No. 95-22, SS 1, 5-16-95)
Sec. 3-22. Permitting animal to go at large; impoundment and restraint.
No animal owner or possessor of any animal covered by this article may at any time permit the same to be in a situation or place where it can inflict injury or be a threat of danger to any human being.
Any such animal known to have inflicted a biting injury upon one or more persons with injury of sufficient severity to require medical treatment shall be impounded and observed at the owner's expense in a way consistent with section 3 of the Rabies Control Act (A.C.A. 20-19-301 et seq.).
Any police officer who has reasonable ground to believe that an animal is vicious, uncontrolled, or a threat to human safety may impound such animal at the owner's expense or kill the animal if capture poses too great a danger to the capturing officer. The owner shall have ten days to pick up said animal and pay the fees accrued therein, or said animal shall become the property of the impounding facility. Furthermore, upon release the owner shall be required to muzzle said animal and/or restrain it in any other manner consistent with section 3-23.
(Ord. No. 94-1, § 2, 18-94)
Sec. 3-23. Investigation; restraint.
Upon a complaint that any animal covered under this article is being harbored, a law enforcement officer shall investigate such and may require the keeper or owner of said animal to restrain or dispose of such animal in a reasonable manner consistent with this article, which shall include chaining, posting of warning signs, enclosures, protective barriers, muzzling and destruction or other measures necessary to abate the nuisances, unhealthful or inhumane conditions. Failure to comply with said measures shall be deemed a violation of this article, unless a court of law finds that such measures were unreasonable.
(Ord. No. 94-1, § 3, 1-18-94)
Sec. 3-24. Duty of individual to use protective measures.
Any individual who keeps any animal covered by this article shall exercise the highest degree of care to protect children and the general public from attack and danger.
Appropriate chaining practices, posting of warning signs, or maintenance of the animal within enclosures shall meet the standard of care if such practices reasonable precludes the possibility of inadvertent contact and probable injury in all instances where a child or unsuspecting person might be put into unintentional contact with the animal. Under the provisions of this article, any instance of inadvertent contact, injury or harm shall constitute prima facie evidence of the animal owner's failure to exercise a sufficient degree of protective care.
When public safety requires additional protective measures the animal owner shall provide a protective barrier or another means such as properly fitted, heavy wire muzzle which the animal cannot remove, together with a strong, durable chain which the animal cannot break or remove, or whether such is appropriate, a strong cage with a padlock locked in place or a strong high chainlink fence enclosure so that the animal cannot climb, jump over, dig under or escape from the enclosure. If these measures are deemed insufficient then said animal shall be destroyed.
(Ord. No. 94-1, § 4, 1-18-94)
Sec. 3-25. Penalty and enforcement.
Any violation of this article is deemed a class A misdemeanor. If a person shall be deemed in violation of this article, they shall be subject to a fine of no more that $1,000.00 nor serve time in the county jail of no more than one year. Furthermore, the county judge or any individual may institute a civil action to compel compliance with this article and see injunctive relief, damages, or other civil sanctions including the award of attorney fees and costs.
(Ord. No. 94-1, § 5, 1-18-94)
Sec. 3-26. Investigation; impoundment.
A police officer may order an owner to keep any animal covered by this article restrained or impounded pending investigation that such animal has attacked human beings or has harassed, wounded, or killed livestock or poultry.
(Ord. No. 94-1, § 6, 1-18-94)
Sec. 3-27. Complaints; investigation; corrective measures.
If any person or groups of persons has knowledge or reasonable grounds to suspect that animal owners are maintaining dogs or other animals in such a manner as to constitute a nuisance by reason of unhealthful conditions, or maltreatment, he shall have the right to complain to local law enforcement agencies or health officials and such authorities shall investigate the complaint. Such officials shall have full authority to examine complainant and other witnesses for relevant testimony and to prescribe and counsel corrective measures consistent with section 3-23 to the animal owner. If, after a period of ten days, the owner/keeper fails to comply with the corrective measures order by health or government officials then such shall be deemed a violation of this article, unless a court of law finds that such measures were unreasonable.
(Ord. No. 94-1, § 7, 1-18-84)
Sec. 3-28. Abandonment or dumping.
This article also prohibits and makes it illegal for any person to dump or abandon any animal and such shall constitute a violation of this article.
(Ord. No. 94-1, § 8, 1-18-94)
Sec. 3-29. Incorporation of state law.
The provisions of the Rabies Control Ace, A.C.A 20-19-301 et seq., and those statutes regarding cruelty to animals, A.C.A. 5-62-101, and 5-62-102, are incorporated by reference herein and made a part of this article.
(Ord. No. 94-1, § 9, 1-18-94)
Sec. 3-30. Costs.
In the event a law enforcement agency, health official or the Humane Society of Saline County are required or requested to investigate a violation of this article and said complaint is substantiated, then the reasonable costs of the investigation of such shall be assessed against the owner of the animal. Failure to pay such shall be deemed a violation of this article. Furthermore, if at any time it becomes necessary to impound or destroy an animal pursuant to this article, then the cost of such shall be paid by the owner or possessor of said animal, and failure to do so shall constitute a violation of this article.
(Ord. No. 94-1, § 10, 1-18-94)
Sec. 3-31. Proof of compliance with rabies control act.
Any police officer investigating a violation of this article shall demand proof of compliance with the Rabies Control Act and failure to produce such shall be deemed a violation of this article.
(Ord. No. 94-1, § 11, 1-18-94)
Sec. 3-32. Exemptions.
Nothing in this article shall apply in any manner whatsoever to the official use of police work dogs trained to aid law enforcement officers, if such dogs are being actively used for police work purposes, protection of public, investigation of crime, and apprehension of law violators.
Nothing in this article precludes a dog from "protecting his owner," or any other person for whom he feels loyalty, from physical attack. It is further acknowledged that even a dog man defend against injury or battery. It is further acknowledged pursuant to Act 393 of 1987 that any person engaged in raising or owning domesticated animals has the right to protect said animals from dogs, including the killing of such dogs, if necessary.
All political subdivisions and municipalities which have already enacted ordinances designed to protect citizens from attack or injury inflicted by vicious animals, or any other form of animal control ordinance, shall be exempt from the application of this article.
(Ord. No. 94-1, § 12, 1-18-94)
Sec. 3-33. No encroachment on other official duties.
Nothing in this article shall encroach upon official duties or activities of the State Game and Fish Commission, or the Federal Fish and Wildlife Service.
(Ord. No. 94-1, § 13, 1-18-94)
Chapter 1 - General Provisions
You are here: Chapter 3 - Animals
Chapter 14 - Emergency Services
Chapter 18 - Fire Prevention and Protection
Chapter 26 - Health and Sanitation
Chapter 30 - Historic Preservation
Chapter 46 - Parks and Recreation
Chapter 54 - Roads and Bridges
Chapter 62 - Traffic and Vehicles
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