Corrected Draft – for Board of Directors meeting 1-15-08

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ORDINANCE NO. ______AN ORDINANCE TO AMEND CHAPTER 6 OF THE CODE OF ORDINANCESPERTAINING TO DOGS; AND FOR OTHER PURPOSES.

WHEREAS,

in response to citizen concerns about a growing population of Pit Bull type dogs withinthe City of Little Rock and related public safety issues, the Little Rock Animal Services Advisory Boardheld two limited-forum public hearings on proposed legislation to ban such breeds from the City, and

WHEREAS,

in response to comments made at these public hearings, the Mayor’s Special Committeeon Pit Bull Legislation voted to recommend that the Little Rock Board of Directors adopt breed-specificregulations as opposed to a breed-specific ban, and

WHEREAS,

the Animal Services Advisory Board reviewed the breed-specific regulationsrecommended by the Special Committee on Pit Bull Legislation and submitted both the Committee’srecommendations and several independent recommendations for consideration by the Little Rock Boardof Directors, and

WHEREAS,

the Little Rock Board of Directors supports the adoption of breed-specific regulations.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLEROCK, ARKANSAS:

Section 1.

Little Rock, Ark., Rev. Code § 6-20 is hereby adopted as follows:

Sec. 6-20. Dangerous Breeds.

(a)

Definitions

.(1)

Owner

. For purposes of this section, an “Owner” is defined as any person who owns,possesses, keeps, exercises control over, maintains, harbors, transports or sells a Pit Bull.(2)

Pit Bull

. For purposes of this section, a “Pit Bull” is defined as any dog that is an American PitBull Terrier, a Staffordshire Terrier, or American Staffordshire Terrier, and any dog of mixedbreeding that has the primary characteristics of an American Pit Bull Terrier, a StaffordshireTerrier, or an American Staffordshire Terrier. The American Kennel Club and United KennelClub standards for the above breeds shall be on file for viewing at the City’s animal shelter.(3)

Secure Temporary Enclosure

. For purposes of this section, a “Secure Temporary Enclosure” isan enclosure used for purposes of transporting a Pit Bull and which includes a top and bottompermanently attached to the sides except for a door. The enclosure must be made of suchmaterial and the door secured in such a manner that the Pit Bull cannot exit the enclosure onits own.(b)

Pit Bull Prohibition

. Beginning on the 91

day after passage of this ordinance, it shall be unlawfulfor any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sellwithin the City of Little Rock any Pit Bull unless the owner complies with the dangerous breedregulations set forth herein.

ORDINANCETo amend Code of Ordinances pertaining to dogs

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(c)

Exceptions

.(1)

Animal Services

. The City’s animal shelter may temporarily harbor and transport any Pit Bullfor purposes of enforcing the provisions of this section.(2)

Temporary Visits

. A person may temporarily transport into and hold in the city limits a Pit Bullonly for the purpose of transporting the animal to a veterinarian or groomer for care, or toparticipate in a contest or show sponsored by the American Kennel Club or the United KennelClub. The person who transports a Pit Bull for these purposes shall, at all times when the PitBull is being transported within the City to and from the veterinarian, groomers, or place ofcontest or show, keep the Pit Bull confined in a Secure Temporary Enclosure as described inSection 6-20(a) above.(d)

Dangerous Breed Registration

. The Owner of any Pit Bull shall be allowed to keep such Pit Bullwithin the Little Rock city limits only if the Owner registers the Pit Bull with the City’s AnimalServices Division on an annual basis, pays the dangerous breed registration fee established by theCity Manager, and obtains a dangerous breed permit and a residence window sticker with eachannual registration. As a condition of registration of a Pit Bull, the Owner shall at the time ofapplication provide sufficient evidence that the Owner is in compliance with all of the followingrequirements:(1)

Rabies Vaccination

. The Pit Bull must be vaccinated against rabies by a licensed veterinarianon an annual basis.(2)

Current City License

. The Owner must purchase an annual city license for the Pit Bull, and thePit Bull must wear the city license tag on its collar at all times.(3)

Microchip

. The Pit Bull must be identified by means of a microchip injected under the dog’sskin by a licensed veterinarian.(4)

Photo.

The Owner must bring their Pit Bull to the City animal shelter to have a photo taken ofthe Pit Bull with the Owner.(5)

Sterilized

. The Owner must provide documentary proof from a licensed veterinarian that theirPit Bull has been spayed or neutered. This requirement shall not apply to any Pit Bull which isa registered AKC or UKC show dog with points or with documentation of training for showpurposes, if the Owner purchases an annual Show Dog Permit for a fee established by the CityManager. In addition, this requirement shall not apply if the Pit Bull is a registered AKC or UKCdog with points, and the Owner purchases an annual Breeder’s Permit for a fee established bythe City Manager with the restriction that the Pit Bull shall be allowed to produce no more thanone litter per calendar year.(6)

Muzzle

. The Owner must obtain a properly fitted humane

wire basket or plastic basket

muzzle that allows their Pit Bull to

open its mouth several inches to

pant and does notrestrict respiration, and must keep their Pit Bull muzzled at all times when the Pit Bull isoutside of its area of confinement or outside of a Secure Temporary Enclosure.

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Any Pit Bull

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ORDINANCETo amend Code of Ordinances pertaining to dogs

that is tested by an AKC-certified Temperament Evaluator and is awarded an AKC Good

Citizen Certificate will not be subject to this muzzle requirement. Presentation of a valid

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AKC Good Citizen Certificate is a defense to any sanctions under this subsection.

(7)

Financial Responsibility

. The Owner must provide proof of liability insurance, or otherfinancial responsibility in the form of a bond, in the amount of $100,000.00 per occurrence inthe event that injury or damage is caused by their Pit Bull. The policy or bond shall contain aprovision requiring the insurance company or surety to provide written notice to the AnimalServices manager not less than fifteen (15) days prior to any cancellation, termination, orexpiration of the policy or bond.(e)

Additional Dangerous Breed Regulations

.(1)

Residential Confinement

. A registered Pit Bull must reside at the residence of a responsibleadult.(2)

Window Sticker

. An annual window sticker, provided at the time of Pit Bull registration, mustbe posted on the Owner’s property, visible from the street to indicate that a Pit Bull resides onthe property.(3)

Confinement

. A registered Pit Bull shall be confined as required by this Chapter except thatPit Bulls shall not be confined by means of an electronic containment device or by means of atrolley-cable run. During transportation, a Pit Bull must be confined in a Secure TemporaryEnclosure. When outside of an area of containment, a Pit Bull must be muzzled with a humanemuzzle that allows panting and must be restrained by means of a secure leash held by an adultwho has the ability to control the dog.(4)

No Transfer of Permit

. A Pit Bull registration permit shall not transfer to a new Owner residingin the city limits. The new Owner of a Pit Bull must meet all registration requirements withinten (10) days of acquiring the dog.(5)

Relocation Reported

. The Owner of a registered Pit Bull may relocate the Pit Bull to theOwner’s new Little Rock residence if the Owner contacts Animal Services prior to therelocation in order to report the new address and obtain a new window sticker. The newwindow sticker must be posted at the new residence within 30 days of the move.(6)

Maximum Number

. The number of Pit Bulls kept, maintained or harbored at one residenceshall not exceed two (2).(f)

Breed Designation Appeals

. The Owner of a dog that has been identified as a Pit Bull under thissection shall have the right to an administrative appeal of the breed designation by submitting arequest for a hearing to the Animal Services Division Manager in writing within five (5) days of theDivision Manager’s designation of the Owner’s dog as a Pit Bull. A hearing to consider disputes andto view the dog’s physical characteristics and pedigree shall be conducted by a committeeappointed by the City Manager and comprised of at least

the Animal Services

veterinarian, amember of the Animal Services Advisory Board and a Little Rock citizen. The committee shall

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ORDINANCETo amend Code of Ordinances pertaining to dogs