§ 10-44. Vicious dogs.

(a)

When, upon investigation, the animal control department determines that an animal is vicious, the department shall impound the animal and shall notify the owner or custodian of the impoundment and declaration of the animal as vicious within 48 hours. If the owner or custodian is unable to be located, written notice shall be posted at the last known address.

(b)

If the owner of the animal contests the animal control department's determination that the animal is vicious, the animal control department shall issue to the owner a citation to appear in the city municipal court for maintenance of a vicious animal. The animal shall remain in the custody of the animal control department pending the trial and the owner shall be responsible for boarding fees.

(c)

An owner or custodian found guilty of violating this section may be required to pay the costs of boarding and veterinary care for said animal and shall be fined no less than $100.00 and no more than $500.00. The animal shall be surrendered to the department to ascertain whether the animal is rabid or otherwise diseased. Thereafter, the animal shall be euthanized.

(d)

If an owner or custodian is convicted of a second or subsequent violation of this section, he may be imprisoned in the county jail for up to one year.

(e)

It shall be an affirmative defense if the victim or intended victim of any attack has made an unlawful entry into the dwelling of the owner.

(f)

This section shall not apply to dogs kept and maintained by a police department or law enforcement agency.

(Code 2006, § 6.08.02; Ord. No. 2126, §§ 3, 4; Ord. No. 3835, § 3, 10-18-2005)

State law reference

Penalties for ordinance violations, A.C.A. § 14-55-501 et seq.