HomeMy WebLinkAbout2010-11-02 ORDINANCE NO. 2010-11-2
�r AN ORDINANCE AMENDING BATESVILLE MUNICIPAL CODE TO
REGULATE THE TETHERING OF DOGS; AND FOR OTHER PURPOSES
WHEREAS, many dogs in Batesville have suffered severe injuryfrom being tethered
to a fixed location and neglected; and
WHEREAS, studies by the Humane Society of the United States have shown that
tethering a dog to a fixed location for extended periods of time inhibits socialization and
often results in dogs becoming more territorial and aggressive; and
WHEREAS, neighborhoods are harmed by the tethering of dogs to a fixed location
for extended periods because of the associated concentration of urine and feces within a
small area and the damage to the yard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BATESVILLE, ARKANSAS, THAT:
SECTION 1. Section 6.04.05 Premises and Pens-conditions of: of the
Batesville Municipal Code (The Code) is amended as follows:
• C. An outside dog pen is defined as follows:
(1) A structure constructed to secure an animal with a minimum of
ten feet in depth and ten feet in width with sufficient height to keep
the confined animal from escaping over the top. This is the
minimum size pen and shall contain only one animal.
SECTION 2. Section 6.04.10 Restraints-Prohibited Types: That Batesville
Municipal Code (The Code) is hereby amended as follows:
A. The Animal control Officer shall have discretion as to whether an
animals' pen or restraint is hazardous to the health or safety of the
animal or to the public.
B. Confinement of Dogs. Any person owning, possessing or keeping a
dog or dogs whether vaccinated or unvaccinated, licensed or
unlicensed, shall confine such dog or dogs within an adequate
fence or enclosure within a house, garage or other building and
provides adequate ventilation and protection from environmental
conditions.
C. Chaining. No person shall direct-point chain or tether a dog to a
stationary object. Dogs may be restrained by means of a trolley
system, or a tether attached to a pulley on a cable run if the
® following conditions are met:
Only one (1) dog may be tethered to each cable run.
• 1. The tether must be attached to a properly fitting collar or harness
worn by the dog, with enough room between the collar and the
dog's throat through which two (2) fingers may fit. Choke collars
and pinch collars are prohibited for purposes of tethering a dog to a
cable run.
2. There must be a swivel on at least one (1) end of the tether to
minimize tangling of the tether.
3. The tether and cable run must be of adequate size and strength to
effectively restrain dog. The size and weight of the tether must not
be excessive, as determined by the animal welfare officer,
considering the age, size and health of the dog.
4. The cable run must be at least (10) feet in length and mounted at
least four (4) feet and no more than eight (8) feet above ground
level.
5. The length of the tether from the cable run to the dog's collar
should allow access to the maximum available exercise area and
should allow continuous access to water and shelter. The trolley
system must be of appropriate configuration to confine the dog to
the owner's property, to prevent the tether from extending over an
object of an edge that could result in injury or strangulation of the
dog, and to prevent the tether from becoming entangled with other
objects or animals.
• 6. Chaining or tethering a dog to stationary objects is prohibited. Dogs
must be restrained by means of a trolley system as described in
Section 6.04.03 (c).
Upon notification by written warning, owner will be given ten (10) days to
comply. If compliance is not met, the dog may be removed by Animal
Welfare Officers.
SECTION 3. That any ordinances in conflict herewith are hereby repealed to
the extent of that conflict.
SECTION 4. Nothing in this section shall be construed to prohibit walking dogs
with a hand-held leash.
SECTION 5. CODIFICATION. It is the intention of the City Council of the City of
Batesville that the provisions of this Ordinance shall become and
be made a part of the Code of Ordinances of the City of Batesville,
Arkansas, and that the Sections of this ordinance may be
renumbered, re-lettered and the word "Ordinance" may be changed
to "Section", "Article" or such other word or phrase in order to
accomplish such intention.
SECTION 6. SEVERABILITY. If any clause, section or other part of this
Ordinance shall be held by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part shall
® be considered as eliminated and in no way effecting the validity of
the other provisions of this Ordinance.
SECTION 7. REPEALER. All Ordinances or parts of Ordinances, Resolutions
or parts of Resolutions in conflict herewith, be and the same are
hereby repealed to extent of such conflict.
ADOPTED this 91h day of November, 2010.
APPROVED:
RICK ELUMB GH. MAYOR
ATTEST:
(/I&
DENISE M. JOHNSTON
APP ED T LE
co t M. alker, City Attorney