§ 5-12. Impoundment and subsequent disposition of dogs.

(a)

The animal control department shall take into custody any dog found at large in the city, and shall impound the dog in the city dog pound or such other place as such animal control workers may designate for purpose of impoundment. Such impounded dog shall be held for a period of three (3) days, at the end of which time the dog shall be made available for adoption. During these days of impoundment, the animal control workers of the city shall make diligent effort to determine the owner of such dog and notify him of such impoundment. Where the owner of the dog is known, at least five (5) days' notice shall be given by certified letter, return receipt requested. If the owner fails or refuses to claim and repossess such dog by the payment of the proper fee as prescribed in this chapter within the three (3) days of such impoundment, then the city animal control workers may deliver custody and possession of such dog to any person other than the owner upon the payment of the fee as prescribed in section 5-13. At the end of this five (5) days, unadopted and unclaimed animals may be destroyed at the discretion of the animal control department.

(b)

The animal control department may, at its discretion, transfer title of all animals held at its animal shelter to the humane society after the above detention period has expired and the animal has not been claimed by its owner. In the event of such transfer of title, the humane society shall pay for each animal's food until it shall be removed from the animal shelter.

(c)

When dogs are found running at large, and their ownership is known to an agent of the animal control department, such dogs need not be impounded, but the agent may, at his discretion, cite the owners of such dogs to appear in court to answer to charges of violation of this chapter.

(d)

Animals other than dogs and cats shall be impounded when found running at large within the city limits and disposed of in accordance with law.

(e)

Immediately upon impounding other animals, the agents of the animal control department shall make every possible effort to notify the owners of the animals so impounded and inform them of the conditions under which they may regain custody of such animals.

(f)

No unspayed female dog which has been impounded by reason of its running at large shall be allowed to be adopted from the animal shelter unless the prospective owner agrees to have such female spayed.

(g)

Every female dog or cat in heat shall be kept confined in a building or secure enclosure or in a veterinary hospital or boarding kennel in such manner that such female dog or cat cannot come in contact with another animal except for breeding purposes.

(h)

No wild animal may be kept within the city limits, except under such conditions as shall be fixed by the animal control department; provided, however, that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with such regulations as shall be established by the animal control department.

(i)

In addition to any other remedy, fine, penalty or violation contained in this Code or otherwise available under applicable law, the owner of any impounded animal who refuses to claim his or her animal shall be proceeded against for abandonment under the provisions of A.C.A. § 5-62-101, et seq.

(j)

References in this section to "dog," "dogs," "cat" and/or "cats" shall be deemed references to "animal" or "animals" as the context may require; provided, however, such reference shall not be deemed to permit the keeping of any animal or type of animal not otherwise permitted pursuant to this Code or applicable law.

(Ord. No. H-335, § 5, 6-16-75; Code 1961, § 5-4; Ord. No. M-134, § 1, 2-16-16)

State law reference

Disposition of dogs running at large, Ark. Stats. §§ 19-2502, 19-2502.1.