BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF FAULKNER, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND AND SUPPLEMENT FAULKNER COUNTY ORDINANCE 77-19 AND FOR OTHER PURPOSE:
Section 1. Section’s 2 and 3 of Faulkner County Ordinance 77-19 (April 19, 1977) are repealed in their entirety with these sections amended to read as follows:
Section 2: A. Any acceptance of privately developed roads by the County shall remain as a permissive action with the decision residing with the County Judge. The acceptance of a privately developed road by the County commits the County to extending its maintenance capability thereto in the same degree as to existing County roads subject to the availability of funds.
B. Privately developed roads, to be accepted into the County System require:
(1.) All standard in Section 1 must be met and verified by the County Road Department.
(2) One (1) year must lapse between initial verification of the standards and any consideration by the County Judge for acceptance of the private road and a second verification of the standards in Section 1 is required to insure that those standards are still in effect.
Provided that a dedication deed and/or a sub-division plat is on file with the Circuit Clerk, which precisely and legally describes the road under consideration, the County Judge may through Court order accept the privately developed road into the County system.
Section 3: A. In the event that a tile or culvert on a private access road immediately bounded to a county road is damaged through an improvement project of the County Road Department, then the county will re-install such tile or culvert when purchased by the owner.
B. Tiles or culverts replaced by the County as outlined above must be a minimum of fifteen (15) inches in diameter and a minimum of twenty—four (24) feet in length.
Section 4. This Ordinance being necessary for the protection and preservation of public health and safety, an emergency is hereby declared to exist and this Ordinance shall be in force and shall take effect upon passage and publication.
Dated: September 18, 1984 Dated: Septemter 18, 1984
Suzanne Scroggins, Gerald Ward
Quorum Court Secretary, Faulkner County Judge
Faulkner County, Arkansas Faulkner County, Ar.
Be it enacted by the Quorum Court of the County of Faulkner, State of Arkansas. An Ordinance to be entitled:
AN ORDINANCE PROHIBITING THE POSSESSION, MAINTNEANCE OR CONFINEMENT OF INNATELY WILD, NON-DOMESTIC ANIMALS; NON-HUMAN PRIMATES; AND VENOMOUS REPTILES, WITHIN FAULKNER COUNTY, ARKANSAS; PROVIDING EXEMPTIONS FROM SUCH PROHIBITION; PROVIDING A PENALTY FOR VIOLATION HEREOF: AND FOR OTHER PURPOSES.
WHEREAS, the possession, maintenance or confinement of innately wild, non-domestic animals, non-human primates, and venomous reptiles presents an imminent threat to the public peace, health, safety and welfare of the citizens of Faulkner County; and
WHERERAS, the possession, maintenance or confinement of innately wild, non-domestic animals, non-human primates, and venomous reptiles in Faulkner County is inconsistent with the public welfare of its citizens because of the dramatic growth in population and urbanization of Faulkner County.
NOW, THEREFORE, BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF FAULKNER, ARKANSAS.
Section 1. DEFINITIONS:
A: Except as provided herein, the term “innately wild, non-domestic animals” shall include, but not limited to the following families of the order of CARNIVORA:
(1) Ursidae: bears;
(2) Canidae: wolves;
(3) Hyaendae: hyenas; and
(4) Felidae: lions, tigers, leopards, American lions (commonly known as pumas, cougars, and panthers), cheetahs, bobcats, ocelots, jaguars, African panthers, lynx, and margays.
The term “innately wild, non-domestic animals” shall not include domestic breeds of dogs, cats, ferrets, raccoons and skunks.
B. The term “non-human primates” shall include but not limited to the following families.
(1) Monkeys: spider monkeys, squirrel monkeys, marmosets, baboons and relatives; and
(2) Great Apes: gorillas, orangutans, gibbons, siamangs, chimpanzees and relatives.
C. The term “venomous reptiles” shall include but not limited to the following families
(1) Colubridae (two genera only), Dispholidus (boom slang) and Thelotornis (twig snake);
(2) Elapidae: cobras, kraits, coral snakes and relatives;
(3) Hydrophidae: sea snakes;
(4) Viperdae: vipers and adders;
(5) Crotalidae: pit vipers (commonly known as rattlesnakes, water moccasins and copperheads; and
(6) Helodermatidae: Gila monsters.
Section 2: POSSESSION, MAINTENANCE OR CONFINEMENT OF INNATELY WILD, NON-DOMESTIC ANIMALS, NON-HUMAN PRIMATES, AND VENOMOUS REPTILES PROHIBITED
Except as provided herein, the possession, maintenance or confinement of innately wild, non-domestic animals, non-human primates and venomous reptiles within Faulkner County is hereby prohibited.
Section 3: EXCEPTIONS:
A. Non-human primates weighing less than twenty-five (25) pounds may be possessed, maintained or confined within Faulkner County, provided the owner or custodian thereof fully complies with the terms and conditions of Section 4 hereof.
B. The prohibition stated in Section 2 hereof shall not apply to any bona fide circus, nor shall it apply to any federal research facility or research facility as these terms are defined in 9 C.F.R. sec. 1.1 (1999).
Section 4: PERMIT, INSPECTION AND CONDITIONS:
A. The owners and custodians of innately wild, non-domestic animals and non-human primates permitted to be possessed, maintained or confined within Faulkner County by Section 3 hereof shall obtain a permit from the Faulkner County Sheriff’s Department allowing such possession, maintenance or confinement of such animal for a 12-month period. The permit shall be renewed at the end of each 12-month period during the time that said animal is being kept or confined within Faulkner County. The Cost of the initial permit, and each 12-month renewal permit, shall be $100.00. Proof of insurance shall be provided to the Faulkner County Sheriff’s before a permit is issued and shall be kept on file in the Sheriff’s Office.
B. The premises where the innately wild, non-domestic animal or non-human primate permitted by Section 3 hereof is being kept and confined within Faulkner County shall be annually inspected by the Faulkner County Sheriff’s Department for compliance with the terms and conditions of this Ordinance. The annual inspection fee to be charged by the Faulkner County Sheriff’s Department shall be $100.00.
C. The owners and custodians of innately wild, non-domestic animals and non-human primates permitted to be kept and confined in Faulkner County by Section 3 hereof shall abide by all health regulations that apply to the animal, such as shots and vaccinations, shall fully comply with provisions of 9 C.F.R. Sub. Sec. 3.125 through 3.133 (1999).
D. Each owner or custodian of an innately wild, non-domestic animal or non-human primates be permitted to be kept and confined within Faulkner County by Section 3 hereof shall obtain liability or other insurance in the face amount not less than $100,000.00 per person and $300,000.00 per occurrence, protecting members of the public from personal injuries caused by the innately wild, non-domestic animals or non-human primates in their possession, care and custody.
Section 5: PENALTIES:
A. Any person, firm or corporation possessing, maintaining or confining innately wild, non-domestic animals, non-human primates or venomous reptiles in Faulkner County in violation of this Ordinance shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $500.00. It is hereby provided that each additional day of possessing, maintaining or confining said animal shall constitute an additional and separate violation of this Ordinance, punishable by the aforementioned penalty.
B. There shall be a 30-day grace period for removal of the innately wild, non-domestic animal, non-human primate or venomous reptile from Faulkner County before said penalty shall be imposed.
C. The enforcement of the provisions of this Ordinance shall be the responsibility of the Faulkner County Sheriff’s Department.
Section 6: SEVERABILITY:
A determination that any provision of this Ordinance is void or invalid shall not render the remaining provisions of this Ordinance void or invalid, but said remaining provision(s) shall remain in full force and effect.
Section 7: REPEALER:
Ordinance 86-13 and all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Wireless Tower Ordinance
AN ORDINANCE ESTABLISHING REGULATIONS REGARDING THE SITING, PLACEMENT AND ERECTION OF WIRELESS COMMUNICATIONS FACILITIES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the Federal Government through the Federal Communications Commission (FCC) has issued wireless communications licenses for cellular, personal communication services, paging and other providers of wireless antenna services; and
WHEREAS, the demand by citizens for new wireless communications services has produced an increased need for installation of wireless antennas and wireless communications facilities (WCF) to serve the public, including the citizens of Faulkner County; and
WHEREAS, wireless communications facilities (WCF) are supportive of the public health, safety and welfare in that they provide useful portable communications services for personal convenience, business and emergency purposes; and
WHEREAS, additional WCF are required to provide quality communication services to meet the growing needs of the public and business for wireless communications and should be accommodated in Faulkner County, and
WHEREAS, the siting, erection and placement of WCF should be reasonably regulated to minimize potential health, safety and aesthetic impacts on the surrounding area.
NOW, THEREFORE, BE IT ORDAINED BY THE QUORUM COURT OF THE COUNTY OF FAULKNER, STATE OF ARKANSAS, AS FOLLOWS:
Section 1 PURPOSE AND GOALS
A. Purpose. The purpose of this Ordinance is to establish general guidelines for the siting, placement and erection of WCF, and to provide for a penalty for the violation of these guidelines.
B. Goals. The goals of this Ordinance are to:
(1) provide a range of locations for the siting, erection and placement of the WCF within Faulkner County consistent with the public health, safety and welfare and reasonable aesthetic considerations;
(2) encourage the location of WCF on existing structure, including utility poles, signs, water towers, buildings and other WCF where feasible;
(3) encourage Collocation and Site Sharing of new and existing WCF and
(4) protect the residents of Faulkner County from the uncontrolled development of WCF by requiring reasonable siting conditions.
Section 2 DEFINITIONS.
A. Antenna Array means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include an omni directional antenna (rod), a directional antenna (panel) and a parabolic antenna (dish). The antenna Array does not include the Support Structure defined below.
B. Attached Wireless Communications Facility (Attached WCF) means Antenna Array attached to an existing building or structure which shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device that attaches the Antenna Array to the existing building or structure and associated connection cables.
C. Collocation or Site Sharing means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communication technology or placement of a WCF on a structure owned or operated by a utility or other public entity.
D. County Judge means the duly elected Judge of the County Court of Faulkner County, Arkansas.
E. Equipment Facility means any structure used to contain ancillary equipment for a WCF that includes cabinets, shelters, a build-out of an existing structure, pedestals, and other similar structures.
F. Height, when referring to a WCF, shall mean the distance measured from ground level to highest point on the WCF, including the Antenna Array.
G. Setback means the required distance from the foundation of the WCF land based elements to the property lines of the parcel on which the WCF is located.
H. Stealth Technology means systems, components and materials used in the construction of WCF which are designed to mask or conceal the WCF to make it less intrusive with respect to the surrounding property.
I. Support Structure means a structure designed and constructed specifically to support an Antenna Array, and may include a monopole tower, a self-supporting (lattice), a guy-wire supported tower or similar structures. Any device used to fasten an Attached WCF to an existing building or structure shall be excluded from the definition of and regulations applicable to Support Structures.
J. Wireless Communications means any personal wireless service as defined in the Telecommunications Act of 1996, which includes FCC licenses commercial wireless Telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR) enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.
K. Wireless Communication Facilities (WCF) means any unstaffed facility for the transmission or reception of wireless telecommunications services, usually consisting of an Antenna Array, connection cables, an Equipment Facility, and a Support Structure to achieve the necessary elevation.
Section 3 APPLICABILITY.
A. New Construction. No person, firm or corporation shall install or construct any WCF from and after the passage of this Ordinance unless the installation and construction and the WCF comply with the requirement of this Ordinance.
B. Pre-existing WCF. WCF installed and constructed prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance.
Section 4 DEVELOPMENT STANDARDS
A. Height Standards. The following height standards shall apply to all WCF facility installations;
(1) Attached WCF. Attached WCF Shall not add more than twenty (20) feet in height to the existing building or structure to which it is attached (Attachment Structure).
(2) WCF with support Structures. WCF with Support Structures shall have a maximum height of 150 feet.
B. Setback Standards. The following setback standards shall apply to all WCF installations.
(1) Attached WCF. Antenna Arrays from Attached WCF are exempt from the setback provision. An Attached WCF Antenna Array may extend up to 30 inches horizontally beyond the edge of the Attachment Structure so long as the Antenna Array does not encroach upon the adjoining parcel.
(2) WCF with Support Structures. WCF with Support Structures shall be set back a distance at least equal to 150% of the height of the Support Structure (tower) measured from the base of the Support Structure to the property line of the adjacent lot.
C. Land Form Preservation. Existing mature tree growth and natural land form on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the Equipment facility may be trimmed or removed
D. Aesthetics, Placement, Materials and Colors. WCF shall be designed so as to be compatible with the existing structures and surroundings to extent feasible, including placement in a location which is consistent with proper functioning of the WCF, the use of compatible or neutral colors, or stealth technology.
E. Lighting and Signage. The following lighting and signage requirements shall apply to all WCF facility installations:
(1) Artificial Illumination. WCF shall not be artificially illuminated, directly or indirectly, except for:
a. security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site; and
b. such illumination of the WCF as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences.
(2) Signage. WCF shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and such other information as my be required by local, state or federal regulations governing WCF’s.
F. Security Fencing. WCF with Support Structures shall be enclosed by an opaque security fence no less than 6 feet in height. Nothing herein shall prevent security fencing which is necessary to meet requirements of State or Federal agencies.
G. Structural Integrity. WCF with Support Structures shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Each Support Structure shall be capable of supporting at least three antenna arrays.
Section 5: SHARED FACILITIES AND COLLOCATION POLICY.
A. Collocation. All WCF Shall be constructed to be capable of sharing the facility with other providers, to collocate with other existing WCF and to accommodate the future collocation of other WCF. Persons proposing to erect or construct new WCF shall demonstrate that he or she has made a reasonably good faith attempt to find a collocation site. Competitive conflict and financial burden are not deemed to be adequate reasons against collocation
Section 6: REMOVAL OF ABANDONED WCF:
A. Any WCF that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the WCF owner shall remove the WCF within ninety (90) days after notice from the County Judge to remove the WCF. If the abandoned WCF is not removed within ninety (90) days, the County Judge may remove it and recover the costs from the WCF owner. If there are two or more users of a single WCF, this provision shall not become effective until all providers cease to use the WCF. If the owner of an abandoned WCF cannot be located or is no longer in business, the requirements of this Section shall be the responsibility of the land owner on whose property the WCF is located.
Section 7 NONCONFORMING WCF.
A. WCF in existence on a date of the adoption of the Ordinance which do not comply with the requirements of this Ordinance (nonconforming WCF) are subject to the following provisions:
(1) Expansion. Nonconforming WCF may continue in use for the purpose now used, but may not be expanded without complying with this Ordinance.
(2) Additions. Nonconforming WCF may add additional antennas (belonging to the same providers or other providers) subject to the provisions of this Ordinance.
(3) Repairs. Nonconforming WCF which become damaged or destroyed due to any reason or cause, may be repaired and restored to their former use, location, and physical dimensions subject to the provisions of this Ordinance.
Section 8 ENFORCEMENT.
The enforcement of the provisions of this Ordinance is hereby delegated to the County Judge. In addition to the right to seek the imposition of the penalty set forth in Section 9 hereof, the County Judge is hereby expressly authorized to seek the immediate removal of all new WCF erected or constructed in violation of the provisions of this Ordinance.
Section 9 PENALTY.
The fine or penalty for violating any provisions of this Ordinance shall, upon conviction in the municipal court, not exceed Five Hundred Dollars ($500.00) for any one specified offense or violation, or double that sum for each repetition of such offense or violation, or double that sum for each repetition of such offense or violation; provided, further, that if a thing prohibited or rendered unlawful is, in its nature, continuous, in respect to time the fine or penalty for allowing the continuance thereof in violation of this Ordinance shall not exceed Two Hundred Fifty Dollars ($250.00) for each day that it may be unlawfully continued.
Section 10: SEVERABILITY.
The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, remainder of this Ordinance shall not be affected thereby.
Section 11: EMERGENCY
Whereas the construction of WCF, placement of Attached WCF and related facilities are of concern to the citizens are affected by such; and whereas there is increasing construction and proliferation of WCF, Attached WCF and related facilities not subject to the reasonable regulations provided herein; now, therefore, an emergency is declared to exist and this Ordinance shall be and is effective from the date of its passage.
Be it enacted by the Quorum Court of Faulkner County, State of Arkansas. An Ordinance to be entitled: An Ordinance to amend and supplement Faulkner County Ordinance 99-12 (July 21, 1999).
Section 1: Subsection A. of Section 3 of Ordinance 99-12 is hereby amended as follows:
“A. Non-human primates weighing less than twenty-five (25) pounds may be possessed, maintained or confined within Faulkner County, provided the owner or custodian thereof fully complies with the terms and conditions of Section 4 hereof except the insurance requirements set forth in Subsection D of Section 4”
Section 2: Section 3 of Ordinance 99-12 is hereby further amended by adding a new subsection C as follows:
“C. The Faulkner County Sheriff’s Department is hereby authorized to grant waiver from the prohibition stated in section 2 hereof to an owner of an animal defined in Section 1 hereof as either innately wild, non-domestic animal or a non-human primate weighing more than twenty-five (25) pounds whenever the Faulkner County Sheriff’s Department, in its discretion, determines that the possession, maintenance or confinement of the innately wild, non-domestic animal or non-human primate weighing more than twenty-five (25) pounds does no pose a serious and immediate threat to the health, safety or welfare of the residents of Faulkner County. If the Faulkner County Sheriff’s Department grants such a waiver, the owner of the innately wild, non-domestic or non-human primate weighing more than twenty-five (25) pounds is subject to, and must comply with the requirements and conditions set forth in Section 4 hereof.”
Section 3: SEVERABILITY:
A determination that any provision of this Ordinance is void or invalid shall not render the remaining provisions of this Ordinance void or invalid, but said remaining provision(s) shall remain in full force and effect.
Be it enacted by the Quorum Court of the County of Faulkner, State of Arkansas. An Ordinance to be entitled: An Ordinance relating to the regulation of dogs; the taking up and impoundment of vicious dogs and dogs thought to be infected with rabies; rabies prevention; and making violations a misdemeanor punishable by fine.
Section 1: Except as specified herein, this Ordinance does not pertain to areas of or the residents of the incorporated municipalities of Faulkner County, but does include all other areas of Faulkner County, except that a resident of one of the incorporated municipalities, but allowing a vicious dog to run at large in an area of the County governed by the Ordinance, shall be subject to this Ordinance.
Section 2: DEFINITIONS: As used in this Ordinance the following terms mean:
a. ANIMAL CONTROL OFFICER: “Animal Control Officer” means any person appointed by the Sheriff of Faulkner County to perform duties as assigned by the Sheriff to effectuate this Ordinance.
b. ANIMAL SHELTER: “Animal Shelter” means any premises approved by the Sheriff for the purpose of enforcing this Ordinance and used as a shelter for seized, homeless, abandoned or unwanted dogs, cats or other animals. It matters not whether the shelter is owned by Faulkner County and operated under the supervision of the Sheriff or whether it is owned and operated by a municipality, humane society or animal welfare group, which has a working agreement with the Sheriff for the support of Faulkner County.
c. AT LARGE: “At Large” means any dog not located on the premises of the owner.
d. OWNER: “Owner” means any person owning, keeping or harboring a dog within Faulkner County.
e. SHERIFF: “Sheriff” means the duly elected Sheriff of Faulkner County.
f. VACCINATED AGAINST RABIES: “Vaccinated against rabies” means the injection of an antirabies vaccine as provided in A.C.A. § 20-19-202.
g. VICIOUS DOG: “Vicious Dog” means any member of the canine (dog) family that has exhibited fierce or vicious behavior toward a person or that has attacked a person or another animal with such severity as to cause physical injury or property damage. However, any of the above described actions or behaviors should not be considered vicious if the dog was provoked or teased.
Section 3: REGULATING OF DOGS
a. Each owner shall have on his, her or its dog collar or harness to which is securely fastened a metal plate or tag on which is legibly and permanently inscribed the name, address and/or phone number or its owner and verification that the dog has been vaccinated against rabies as required by state law.
b. It shall be unlawful for any person, firm or corporation to abandon any dog in Faulkner County.
Section 4: TAKING UP AND IMPOUNDING OF VICIOUS DOGS AND DOGS THOUGHT TO BE INFECTED WITH RABIES:
a. After investigating an incident involving the possibility of a dog exhibiting fierce or vicious behavior, the Sheriff or his deputy shall deem the dog vicious if he has determined that the dog acted in a manner or exhibited the behavior described in Section 2.g. Upon deeming a dog vicious, the officer shall notify the owner that the dog has been deemed vicious by hand delivery or by mailing a notice by certified mail to the owner. After deeming the dog vicious, the officer shall apprehend the dog and impound the dog at an animal shelter until a final determination has been made as to the status of whether the dog is vicious.
b. The Sheriff or his deputy for the purpose of enforcing this Ordinance, are clothed with full police power to apprehend and impound any vicious dog or a dog thought to be infected with rabies within Faulkner County and may enter upon private property to apprehend such dog. If after request therefore, the owner of such dog shall refuse to deliver the dog to the officer, the owner shall be in violation of this Ordinance. The owner of such dog shall be responsible for all the reasonable expenses incurred in the apprehending and impounding such dog.
Section 5: RIGHT TO APPEAL DECISION TO DEEM THE DOG VICIOUS: If an owner of a dog who has received notice that his or her dog has been deemed vicious feels that such a determination was made in error, the owner may appeal the officer’s decision within ten (10) days after receiving the notice by filing an appeal with the Faulkner County District Court.
Section 6: RELEASE OF VICIOUS DOG: A dog that has been apprehended and impounded pursuant to Section 4 as a vicious dog shall be released by the animal shelter after one of the following has occurred:
a. A final determination has been made that the dog is not vicious;
b. The owner signs an affidavit acknowledging that the dog is vicious and that the owner is not appealing a determination deeming the dog vicious; or
c. The owner signs an affidavit, suitable to the appealing authority, acknowledging that they will confine the dog as required by Section 10 of this Ordinance pending the outcome of an appeal.
Section 7: FAILURE TO RETRIEVE IMPOUNDED VICIOUS DOG: If a final determination has been made as to whether or not a dog is vicious, the animal shelter shall notify the owner by hand delivery or by certified mail that the dog must be retrieved from the animal shelter within 7 days. If the owner of the dog fails to retrieve the animal within 7 days, the dog shall be humanely destroyed if it has been deemed vicious or shall be put up for adoption if the dog has not been deemed vicious.
Section 8: RELEASE OF DOG THOUGHT TO BE INFECTED WITH RABIES: A dog that has been apprehended and impounded pursuant to Section 4 as a dog thought to infected with rabies shall be released by the animal shelter to the custody of the owner at the end of the legally required confinement period if the dog is determined not to be infected with rabies.
Section 9: FAILURE TO RETRIEVE DOG THOUGHT TO BE INFECTED WITH RABIES: If it is determined as provided by law that a dog thought to be infected with rabies is not infected with rabies, the animal shelter shall notify the owner by hand delivery or by certified mail that the dog must be retrieved from the animal shelter within 7 days. If the owner of such dog fails to retrieve the animal within 7 days, the dog shall be put up for adoption.
Section 10: REGULATION OF VICIOUS DOGS: Once a dog that has been deemed vicious is released from the animal shelter, any person who owns, keeps, harbors, or possesses, the dog shall:
a. Keep the dog confined within a dwelling or other building;
b. Keep the dog on a leash under the control of a responsible handler when outdoors; or
c. Keep the dog in a secured enclosure with a covered top and a secure bottom when outdoors and unattended.
Section 11: VIOLATIONS – PUNISHMENT: Any person violating or aiding in or abetting the violation of any provision of this Ordinance, or resisting, obstructing, or impeding the Sheriff or any authorized officer in enforcing this Ordinance or refusing to produce for inoculation any dog in his possession, or who removes a tag from a dog for purposes of destroying or concealing its identity, is guilty of a petty offense, for a first or second offense and shall be fined not less than $25.00 nor more than $200.00, and for a third and subsequent offence, shall be fined not less than $250.00 or more than $500.00, except that if an act prohibited herein or rendered unlawful is, in its nature, continuous in respect to time, the fine for allowing continuance thereof in violation of the Ordinance shall not exceed $250.00 for each day that the same is unlawfully continued.
