§ 4-116. Running at large (leash law).
It shall be unlawful for any dog owner to allow his/her dog to run at large, as defined in section 4-1, within the corporate city limits. It is the owner's responsibility to reasonably secure confinement to prevent the dog from running at large. The following shall be the procedure in the event of a dog found in violation of this section:
(1)
In the case of the first offense, the animal control officer will make an attempt as set forth in section 4-36 to identify and return the dog; if this attempt fails, the dog is to be impounded. When the owner comes to claim the dog:
a.
The owner will pay a ten dollar ($10.00) fee plus a fifteen dollar ($15.00) per day fee to the city-approved animal impoundment facility.
b.
The owner will be issued a citation for violation of the running at large ordinance; the owner will receive a pamphlet as to the city's animal ordinances.
1.
The city of Fort Smith will hold the citation for fifteen (15) days to allow an inspection of the owner's property by an animal control officer, and
2.
If the owner is found to have an unsecure enclosure, he/she will be given thirty (30) days to make the enclosure secure.
(2)
If upon subsequent impoundment, it is established that this is a second offense of running at large, the owner's dog shall be impounded until an animal control officer conducts an inspection of the owner's property. Upon assurance of future control:
a.
The dog is to be released after the owner pays a ten dollar ($10.00) fee plus a fifteen dollar ($15.00) per day fee to the city-approved animal impoundment facility.
b.
The owner is issued a citation for violation of this section. If the owner is found guilty:
1.
The owner shall be encouraged to spay or neuter an intact dog, and
2.
A fine, set forth in the table below, will be assessed.
3.
If proof of spay or neuter is provided within thirty (30) days, the fine may be reduced to that fine applicable for an altered dog.
(3)
If upon subsequent impoundment, it is established that this is a third offense of running at large, the dog will be impounded until an animal control officer conducts an inspection. Upon assurance of future control:
a.
The dog shall be released after the owner pays the ten dollar ($10.00) fee plus a fifteen dollar ($15.00) per day fee to the city-approved animal impoundment facility.
b.
A citation will be issued for violation of this section. If found guilty:
1.
The owner will be assessed a fine, and
2.
The court may mandate that the dog will be spayed or neutered.
3.
If proof of spay or neuter is provided within thirty (30) days, the fine may be reduced to that fine applicable for an altered dog.
(4)
If upon subsequent impoundment, it is established that this is a fourth offense of running at large, the dog will be impounded until an animal control officer conducts an inspection. Upon assurance of future control:
a.
The dog shall be released and the owner pays a ten dollar ($10.00) fee plus a fifteen dollar ($15.00) per day fee to the city-approved animal impoundment facility.
b.
A citation will be issued for violation of this section. If the owner is found guilty:
1.
A fine will be assessed.
2.
The city prosecutor will ask the judge to consider mandating the permanent surrender of the dog.
The fines will be assessed as follows:
Number of offense Intact dog Spayed or neutered (altered) dog First $100.00 + court costs waived fine/warning Second $200.00 + court costs $50.00 + court costs Third $300.00 + court costs $100.00 + court costs Fourth $400.00 + court costs $200.00 + court costs If the intact dog above on offenses 1—4 has a spay or neuter procedure within thirty (30) days of the date of offense then the fine portion (not the court costs) is fully waived.
Payment of fines (and court costs as approved by the judge) can be replaced by working at a local animal shelter in hopes that education on the spay and neuter need to curb area animal overpopulation will occur.
All other provisions of this article notwithstanding, any previously declared vicious dog, for which an order of compliance has been issued, but which is thereafter found outside the confines of the owner's property, shall be humanely euthanized five (5) days from the time of notification of the owner as set forth in section 4-7 of the Fort Smith Municipal Code.
(Code 1976, § 4-33; Ord. No. 105-06, § 3, 11-7-06; Ord. No. 100-12, § I, 12-27-12; Ord. No. 9-13, § 6, 2-19-13)