§ 4-7. Aggressive or vicious animals.

(a)

The following procedure shall be followed for classifying an animal as vicious or aggressive:

(1)

The animal control officer shall be authorized initially to classify an animal as aggressive or vicious. The animal control officer may find and declare an animal to be vicious or aggressive if the officer has probable cause to believe that the animal falls within the definition set forth in section 4-1. The finding must be based upon:

a.

The sworn written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of section 4-1; or

b.

A report establishing probable cause filed with the animal control officer or any law enforcement officer; or

c.

Actions of the animal witnessed by the animal control officer or by any law enforcement officer.

(2)

The classifying of an animal as vicious or aggressive shall be in writing and shall be served on the owner by one (1) of the following methods:

a.

Certified mail to the owner's last known address; or

b.

Personally.

(b)

Appeal of determination. Any person who has received notice that his or her animal has been deemed a vicious or aggressive animal may appeal such decision to the Fort Smith Police Department's animal control unit supervisor. The appeal must be in writing and made within five (5) business days of the day the notice was provided in accordance with this section.

(1)

The supervisor shall schedule and hold a hearing, within five (5) business days after receiving the written appeal, to review the initial classification. The supervisor's decision shall be considered the final decision of the city as to whether the animal is a vicious or aggressive animal.

(2)

If the initial classification is not appealed or if the right to appeal is waived, the initial classification shall be considered the final decision of the city as to whether the animal is a vicious or aggressive animal.

(3)

An appeal from the decision of the supervisor may only be made to a court of competent jurisdiction.

(c)

During the entire appeal process, it shall be unlawful for the owner appealing the classification of vicious or aggressive animal to allow or permit the animal to:

(1)

Be unconfined on the premises of the owner; or

(2)

Go beyond the premises of the owner unless such animal is securely leashed and humanely muzzled or otherwise securely restrained.

(d)

The animal control officer or supervisor of the animal control unit may require temporary confinement of the animal pending the determination required in this section. If the owner does not comply immediately with the temporary confinement requirements, the animal shall be impounded as provided in section 4-32 of this Code.

(e)

No person shall own, possess or cause to be in the city any animal which has been determined to be an aggressive or vicious animal, unless it is restrained, confined or muzzled so that it cannot charge, attack, bite or cause injury to any person or domestic animal, and unless it is maintained at all times in compliance with any order of compliance issued under this article.

(f)

Upon determination that an animal is aggressive or vicious, the animal control officer shall issue an order of compliance requiring the owner immediately to confine, muzzle or restrain the animal sufficiently to protect all persons and domestic animals, and otherwise to comply completely with the terms of this article. Coming into full compliance with this article shall not exceed forty-five (45) business days from the date of issuance of the order of compliance.

(g)

The order of compliance may, in the reasonable discretion of the animal control officer, require that:

(1)

When outside of the walls of the owner's home, the dog shall be confined in a pen as set forth in the definition of "pen" in this section except when entering or exiting the pen.

(2)

It shall be unlawful for a vicious animal to be outside of a dwelling or enclosure unless it is necessary for the owner thereof to obtain veterinary care for the vicious animal or to sell or give away the vicious animal or to comply with commands or directions of the animal control officer with respect to the vicious animal. In such event, the vicious animal shall be securely muzzled and restrained with a chain leash not exceeding four (4) feet in length, and shall be under the direct control and supervision of an individual capable of restraining and controlling the vicious animal.

(3)

The owner's home and the animal's pen shall be posted with firmly attached and prominently displayed signs warning the public that the dog is aggressive or vicious. These signs shall be furnished by the city and will be distributed upon payment of any license fee required to be paid pursuant to this section.

(4)

The owner of a vicious animal shall provide proof upon request by an animal control officer or law enforcement officer of liability insurance in the amount of one million dollars ($1,000,000.00) covering harm done by the dog.

(5)

The owner of a vicious animal shall provide proof upon request by an animal control officer or law enforcement officer that the animal has been spayed or neutered.

(h)

Upon a determination that an animal:

(1)

Is an aggressive animal, the owner shall present the animal for photographing by the animal control officer sufficient to identify the animal for city records and have a microchip identification implanted by a licensed veterinarian.

(2)

Is a vicious animal, the owner shall present the animal for photographing by the animal control officer sufficient to identify the animal, for city records, and have a microchip identification implanted by a licensed veterinarian.

(i)

By continuing to be an owner of an animal within the city, which has been determined to be aggressive or vicious, the owner shall be deemed to have given implied consent to reasonable inspections by the animal control officer of the animal, of the premises where it is kept, and of documents evidencing any required liability insurance.

(j)

If the owner fails to meet fully the animal control unit's requirements for temporary confinement and restraint, including any schedule of construction of pen or restraints, or fails to maintain full compliance with the order of compliance, the animal control officer may seize and impound the dog, and may after five (5) business days have it humanely euthanized; if, however, the owner has demonstrated full compliance with the requirements for temporary confinement and the order of compliance, then the animal may be returned to the owner after payment of all impoundment costs and fees.

(k)

A determination that an animal is aggressive or vicious shall stand until the Fort Smith Police Department's animal control unit determines otherwise by written finding.

(l)

No person shall be an owner of or cause to be in the city:

(1)

Any animal determined to be an aggressive animal by the animal control officer unless an annual special license fee of two hundred fifty dollars ($250.00) shall have been paid to the city, and the animal has been microchipped; or

(2)

Any animal classified vicious by the animal control officer unless an annual special license fee of one thousand dollars ($1,000.00) shall have been paid to the city. No such license shall be issued except upon proof of paid annual liability insurance in the amount of one million dollars ($1,000,000.00) as required by this section.

(3)

Any cat deemed vicious must also be confined to the home to maintain compliance; if the owner fails to maintain compliance, an animal control officer may seize and impound the cat and after five (5) business days have it humanely euthanized.

(m)

The owner of an animal in violation of any provision of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by the assessment of a fine as specified in section 1-9 of this Code.

(n)

If a complaint has been filed in the municipal district court against the owner of an impounded animal for violation of this section, the animal shall not be released except on the order of the court, which order may also direct the owner to pay a fine and all impoundment fees. Upon finding that the animal is vicious, the court may order it to be euthanized in a humane manner. Surrender of an animal by the owner thereof to an animal control officer shall not render the owner exempt from the fines and fees of this article.

(o)

An owner of an aggressive or vicious animal, who desires to transfer possession of the animal shall, at least three (3) days prior to the transfer, complete and return to the animal control unit a notarized transfer form provided by the animal control unit.

(p)

Any notice required under this article shall be deemed delivered:

(1)

Five (5) business days after being mailed, first class postage prepaid, to the residential or business address of the owner;

(2)

Twenty-four (24) hours after being posted at the location where the animal is held, unless it is impounded by the city; or

(3)

Upon hand delivery to the owner.

(q)

It shall be an affirmative defense to prosecution under this article that the animal:

(1)

Is owned by a law enforcement agency and used for law enforcement purposes; or

(2)

Directed its behavior at a person who was committing a willful trespass or other tort upon the property of the owner; or

(3)

Directed its behavior at a person who was committing a violent offense to the owner or animal when off the owner's property, but under restraint; or

(4)

At the time of its behavior was in custody of a veterinarian or an animal shelter.

(Ord. No. 16-91, § 3, 4-2-91; Ord. No. 13-00, 3-7-00; Ord. No. 105-06, § 2, 11-7-06; Ord. No. 100-12, § I, 12-27-12)

Editor's note

Ord. No. 100-12, § I, adopted Dec. 27, 2012, amended § 4-7 title to read as herein set out. Former § 4-7 title pertained to vicious animals.