Justice of the Peace David Clayton read an ordinance sponsored by JP Ed Darling that has been in the works, said County Clerk Karen Smith, for about four months.  The full title of it is: 

“An ordinance regulating the owning or harboring of any vicious animal, or wild animal which may attack or injure a person, or harass, wound, or kill domestic animals and livestock; to establish exemptions from such and prohibit the abandonment of any animal to provide for the penalties for violation thereof, and other matters be it enacted by the Quorum Court of the county of Hempstead, state of Arkansas.”

The ordinance would require the following of animal owners in the county:

Requirements for Animal Owners:

• Proper Confinement: Owners must ensure that vicious or nuisance dogs are securely confined indoors or in a locked pen or structure .
• Muzzling and Restraint: Vicious or nuisance dogs must be securely muzzled and restrained with a leash of a minimum tensile strength of 300 pounds and not exceeding three feet in length when outside the owner's premises.
• Identification Tags: Dogs must be properly tagged with the owner's name, phone number, and address on the identification tag affixed to the collar or harness .
• Impoundment and Observation: Animals that have harmed or inflicted biting injuries requiring medical treatment must be impounded and observed at the owner's expense .
• Emotional Harm: Animals that have emotionally harmed a person must be confined in a proper enclosure, and the owner must pay for the victim's treatment .
• Reimbursement for Damages: Owners must reimburse for medical treatment or the fair market value of animals injured or killed by their pets .
• Proper Enclosures: Proper enclosures must exist for vicious or potentially dangerous animals or for female animals in heat .
• Protective Measures: Owners must exercise the highest degree of care to protect children, the public, and other animals from attack .

The ordinance also specifies penalties that can be applied if owners of animals are in breach of these requirements:

• Class A Misdemeanor: Any violation of the ordinance is deemed a Class A Misdemeanor.
• Fines for Uncontrolled/Nuisance Animals: 
   
  • First offense: $50 to $200 plus court costs and restitution.
•  
  • Second offense within 12 months: $200 to $500 plus court costs and restitution .
•  
  • Third or subsequent offenses within 12 months: $500 to $1,000 plus court costs and restitution.
•  
• Fines for Vicious Animals: 
   
  • First offense: $500 to $750 plus court costs and restitution .
•  
  • Second offense within 12 months: $750 to $1,000 plus court costs and restitution.
•  
  • Third or subsequent offenses within 12 months: $1,000 to $1,500 plus court costs and restitution. The court may also order the dog to be humanely destroyed.

• Impoundment Costs: Owners must pay for the costs of impoundment and any related fees.
• Investigation Costs: Owners must pay for the reasonable cost of investigations if a complaint is substantiated.
• Proof of Compliance: Failure to produce proof of compliance with the Rabies Control Act is a violation of the ordinance.

The ordinance also contains exemptions:

• Police Work Dogs: The ordinance does not apply to the official use of police work dogs trained to aid law enforcement officers if such dogs are being actively used for police work purposes, protection of the public, investigation of crime, and apprehension of law violators.
• Self-Defense: The ordinance acknowledges that a dog may defend its owner, or any other person for whom it feels loyal, from attack. It also does not apply when an individual trespasses on an animal owner's property. However, each dog or other animal owner must exercise care to ensure no harm results to an innocent trespasser, such as children, misguided pedestrians, invitees, tradespeople, business associates, social guests, and friends.
• Protection of Domesticated Animals: Pursuant to Act 393 of 1987, any person engaged in raising or owning domesticated animals has the right to protect said animals from dogs, including the killing of dogs if necessary.
• Existing Local Ordinances: All political subdivisions and municipalities that have already enacted ordinances designed to protect citizens from attack or injury inflicted by vicious or wild animals are exempt from the application of this ordinance.
• Official Duties of Wildlife Services: The ordinance does not encroach upon the official duties or activities of the State Game and Fish Commission, the Federal Fish and Wildlife Service, circuses, zoological parks, aquariums, or other licensed exhibitory shows, provided all exercise an adequate degree of care.

The summary material in bullet points was developed with help from Microsoft Copilot. The ordinance itself will appear below this story.

Sheriff James I. Singleton said in recent months his office had had about 33 vicious dog calls, some of which were in JP Steve Atchley’s district. He said he would like to get authorization to protect the public in ways civil liability law alone does not allow. “We could take action criminally, to get the owners in court and have the judge do something,” he said, adding that the ordinance would not result in the sheriff’s department picking up unrestrained dogs, however.

About six people have been bitten, Singleton said.  

In the discussion that followed, Clayton said he understood the need for the ordinance but had a concern about how it could be used in bad faith by members of the public. JP Lathrop asked if an attorney had looked over it. Singleton said it was based on the ordinance used by Polk County and that Eighth District North Prosecutor and County Attorney Ben Hale had examined it.

“I totally want you to be able to have something to handle cases like that in [JP] Steve [Atchley]’s district. … I just feel like there is potential for abuse on the accusers’ part with the way this is working. I really would like to have more time to go over it and study it more, and I'm studying quite a bit, but I really prefer we table it until next month  if anybody else wants to speak up,” Clayton said.

JP Jesse Henry asked Sheriff James I. Singleton to describe the biggest challenges. The Sheriff said that indeed in JP Atchley’s district 7, which wraps around the western, southern and southeastern areas outside of Hope a lady had had one of her two dogs injured by another dog that was running loose to the extent it had to be treated by a veterinarian.  Singleton said he also knew of incidents of walkers in his district being attacked. Many complaints had been made but his office could not impound a dog.

JP Atchley said that in his neighborhood in the Plainview neighborhood, walkers were being harassed. One particular owner has been spoken to but to no avail. Singleton said there were problems in the Blevins area. Atchley agreed the sheriff’s office needed legal authority to penalize irresponsible owners.

JP Henry agreed owners needed to be held accountable for not controlling their animals. Clayton said he would also like to see an addition to the ordinance to fine those who abandon animals.

JP Lathrop made the motion to table it for the next month.  JP Ford said the passage in the ordinance pertaining to penalties for dogs inflicting psychological damage could be abused by a dog simply approaching a complainant to express affection.

The JPs voted unanimously to table on a roll call. Afterward, Clayton and other JPs considered simply passing the ordinance and amending later.  JP Atchley said residents in his neighborhood would be wise to carry sticks, to which Clayton said, “They need to carry sticks that go bang on the end.”  JP Henry said he was afraid some dogs might end up shot before next month.

Sheriff Singleton provided information packets to the JPs on his office’s difficulties in keeping its hires.  He said he had three deputies recently leave for higher paid positions, one of whom went to the Arkansas State Police, another to Logan County and another to Hope Police Department. He emphasizes that funds spent by his office to educate the deputies are lost to this attrition.  County Judge Crane said the same phenomenon is happening in the county’s road department.  

JP Clayton said, “Do a sales tax on alcohol,” to which Singleton said, “We are the wettest dry county there is.” 

Clayton said the idea that all employees of the county should make the same salaries needed to change.  

County Judge Jerry Crane said work is continuing to work bring county roads back to usefulness. He also said a situation is developing at the Red River levee near Fulton that will need attention. 

In the next item, Teresa Smith, who is handling the county’s effort to recover 75 percent reimbursement from FEMA for storm damage, labor use and machine-wear incurred by Hempstead County during the tornados and storms of April of this year. 

Smith described damage to 1920s-era levees along Red River in the county, bringing photos to show the JPs of the current state of several eroded areas.  These have been submitted to FEMA for mitigation funds.  The potential $615,000 project would require a 25 percent share from local governments. 

The amount collected for levee taxes, $7,500 a year, would not cover this, Smith said. Quadrupling the levee tax for residents would not cover the cost due to a lack of population to whom it would be applied. Nor would loan payments be feasible. The Army Corps of Engineers, Smith said, refused payment because of the site not passing a past inspection. Despite the Corps’ refusal, it still wants prior approval of anything a contractor might do.

Photos of the eroded areas are provided below the ordinance.

Hope-Hempstead County Economic Development Corporation is distributing links to a survey asking for people who work in Hope and Hempstead County to provide information about their circumstances. HCEDC wants to determine the reasons employees in the county are not actually residing here. Brandi Tuttle of the HCEDC office made the presentation.

County Extension Office Staff Chair Terrie James said just before adjournment, “Be on the lookout for Army Worms if you have friends that are dealing with their pastures and all this is happening as we speak, we are into our wonderful time of super heat, and these guys do start hitting, and it can be very devastating.” She also said the county’s 4H Club had placed sixth in recent science competition and that planning for the county fair and the southwest district livestock shows, both in early fall, has already begun.

The meeting adjourned at about 5:40 p.m, having begun at 4:30 p.m.

ORDINANCE 2025-10

Sponsor: Ed Darling

AN ORDINANCE REGULATING THE OWNING OR HARBORING OF ANY VICIOUS ANIMAL, OR WILD ANIMAL WHICH MAY ATTACK OR INJURE A PERSON, OR HARASS, WOUND, OR KILL DOMESTIC ANIMALS AND LIVESTOCK; TO ESTABLISH EXEMPTIONS FROM SUCH AND PROHIBIT THE ABANDONMENT OF ANY ANIMAL TO PROVIDE FOR THE PENALTIES FOR VIOLATION THEREOF, AND OTHER MATTERS BE IT ENACATED BY THE QUORUM COURT OF THE COUNTY OF HEMPSTEAD, STATE OF ARKANSAS

Whereas, the problem of uncontrolled, nuisance and/or vicious animals is a growing problem in Hempstead County, Arkansas, and;

Whereas, the law of the State of Arkansas provide for civil remedies for any person harmed by any uncontrolled, dangerous, or vicious animal, and;

Whereas, there is a need to provide additional criminal sanctions against those who own or harbor said animals;

NOW THEREFORE BE IT ORDAINED BY THE QUORUM COURT OF HEMPSTEAD COUNTY, ARKANSAS

ARTICLE 1 DEFINITIONS

Animal: The word animal pertains to any animal as set out in Article 1, Definitions.

Animal Owner: Any person having ownership or personal rights in a dog or other animal, or any person who keeps in his or her care, acts as custodian for, or knowingly permits a dog or other animal to remain on or about any premises occupied by him or her.

Properly Tagged: Means a condition where a person whose name, phone number and address appears on the identification tag affixed to the collar or harness of the dog.

Vicious or Uncontrolled Animal: Any animal that harms physically or inflicts unprovoked bites or attacks human beings, livestock, or poultry, or any animal approaching an individual in such a way as to place that individual in reasonable fear of unprovoked injury or attack whether it occurs upon streets, roads, sidewalks, and public grounds or private property.

Vicious Dog

1.     Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

2.     Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

3.     Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or

4.     Any dog owned or harbored primarily or in party for the purpose of dog fighting or any dog trained for dog fighting;

5.     Not withstanding the definition of a vicious dog above, no dog may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime;

6.     No dog may be declared vicious if any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained while teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

Nuisance: An animal shall be considered a nuisance if it damages private property other than the owner’s or molests or interferes with persons in the public right of way.

Livestock: Goats, sheep, swine, cattle, horses, mules, domestic fowl, and all other animals kept for commercial or recreational purposes.

Law Enforcement Officer: Any person employed or elected by township, municipality, county, state, or federal agency, whose duty it is to preserve peace, make arrests or to enforce the law.

Police Work Dog: A dog trained to aid law enforcement officers and actually used for police work purposes, for the protection of the public, including the investigation of crime and the apprehension of law violators.

Proper enclosures: Means securely confined indoors or in a locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own will.

No owner of, custodian of, or person with authority to control a vicious dog and/or a nuisance dog shall suffer or permit such dog to go unconfined on the premises of any other person’s real property or onto a public right of way. A vicious dog and/or nuisance dog is “unconfined”, as the term is used in this section, if such dog is not securely confined indoors or confined in a secured enclosed and locked pen or a dog run area upon the premises of said person. Such pen or dog run must also have either side six feet high or a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot. It is the owner’s responsibility to ensure the integrity of the confinement. “Beware of Dog” signs must be conspicuously posted on the fence or enclosure to alert the public of the presence of a vicious dog. The minimum size allowance for the sign is 8 ½” x 12”.

ARTICLE 2: PERMITTING ANIMALS TO BE UNCONTROLLED OR TO BE AT LARGE, IMPOUNDMENT & RESTRANINT.

No animal owner or possessor of any animal covered by this ordinance may at any time permit the same to “go at large” to be in a situation, condition, or place where it can inflict or cause to be inflicted or to be a threat or danger to any human being or other animal.

No owner of, custodian of, or person with authority to control a vicious dog and/or a nuisance dog shall suffer or permit such dog to go beyond the premises of said owner unless the vicious and/or nuisance dog is securely muzzled and restrained with a restraint having a minimum tensile strength of 300 pounds and not exceeding three feet in length.

No owner of, custodian of, or person of authority or control of any dog shall allow, permit or authorize that dog to run at large in the unincorporated areas of Hempstead County without being properly tagged. The owner, custodian, or person of authority or control, of properly tagged dogs that roam the common property of the unincorporated areas of Hempstead County shall not be in violation of this article.

Any such animal known to have harmed physically or inflicted a biting injury of sufficient severity to require medical treatment, shall be impounded and observed at the owner’s expense consistent with Section 3 of the Rabies Control Act (Ark. Code Ann. 70-19-301 through 312).

Any such animal known to have emotionally harmed any person who has been diagnosed by a licensed clinical psychologist or psychiatrist to warrant therapy for such harm, shall be confined in a proper enclosure and the owner of such animal shall pay the cost of the victim’s treatment.

The owner of such animal known to have inflicted a biting injury upon one or more animals with injury of sufficient severity to require medical treatment or to cause the death of animals, shall reimburse the owner of the animal(s) for the medical treatment and/or the fair market value of the dead animals.

If any dog(s), while unconfined and off the owner’s custodian’s or persons of authority to control property, bits or seriously injures a human being or a domestic animal, they are in violation of this article and a “MUST APPEAR” citation shall be issued. The owner, custodian, or person with authority to control, will be brought before a court of jurisdiction in Hempstead County, where they must verify the animal has been properly vaccinated according to Arkansas State law. The court of jurisdiction shall fine the owner, custodian, or person of authority to control in accordance with this article. All other state or federal laws concerning restitution, liability, etc. would remain in force as well.

A proper enclosure must exist for vicious or potentially dangerous animals or for female animals of for female animals that are in the estrous cycle (“in heat”) and could be the cause of male animals becoming vicious while being with her.

Any law enforcement officer who has reasonable grounds to believe that an animal is vicious, uncontrolled, or a threat to the safety of humans or other animals, shall have grounds to impound the animal immediately, at the owner’s expense, on the basis of protecting the health and safety of the general public. The law enforcement agency responsible for the impoundment of said animal shall provide notice to the owner of such animal within 5 days of impoundment. The owner of said animal may request the return of the animal through the impounding law enforcement agency. The animal may be returned to the owner after payment of any fees or costs accrued related to the impounding of said animal and to the satisfaction of the impounding agency, the owner ensures the animal is restrained and properly enclosed by any manner consistent with Article 3. If the owner fails to provide satisfactory evidence of restraint and enclosure consistent with Article 3 and the animal is not released, the owner may petition a competent court within 15 days of impoundment, including the district court of Hempstead County, for redress and return of the animal provided said owner is able to prove that the animal does not present a threat to the safety of humans or other animals and that such appropriate measures have been taken and will continue to remain in place to ensure the animal does not pose a risk to the health and safety of humans and/or other animals. In the event the owner is able to prove that the owner is able to provide and maintain appropriate restraints and enclosures consistent with Article 3, the animal shall be returned and the law enforcement agency which impounded said animal shall be responsible for the cost of impounding of said animal. If the animal’s owner cannot be located after reasonable inquiry and search and no one has come forward to claim the animal after 15 days from date of capture or the owner fails to take adequate measures to ensure the animal will not pose a threat to the health and safety of humans or other animals and fails to petition a competent court for redress, the animal shall become the property of the impounding facility. If during an attempted capture of an animal which is believed to be vicious, uncontrolled, or poses a threat to the safety of humans or other animals, a law enforcement officer may kill the animal if the capture poses to great a danger to the capturing officer. 

ARTICLE 3: INVESTIGATION; RESTRAINT

Upon a complaint that any animal covered under this ordinance is being harbored, a law enforcement officer shall investigate such and may require the keeper or owner of such animal to restrain or dispose of such animal in a reasonable manner, consistent with this ordinance. Reasonable manner may include posting of warning signs, use of enclosures, protective barriers, muzzling, and destruction or other measures necessary to abate nuisances, unhealthful or inhumane conditions. Failure to comply with said measures shall be deemed a violation of this ordinance, unless a court of law finds such measures were unreasonable.

ARTICLE 4: DUTY OF INDIVIDUAL TO USE PROTECTIVE MEASURES

Any individual who keeps any animal covered by this ordinance shall exercise the highest degree of care to protect children, the general public, and other animals from attack.

Posting of signs, or maintenance of animals within property enclosures shall meet the standard of care, if such practices reasonably preclude the possibility of inadvertent contact and probable injury in all instance where a child or unsuspecting person or other animal might be put into unintentional contact with the animal. 

ARTICLE 5: PENALTY AND ENFORCEMENT

Any violation of this ordinance is deemed a Class A Misdemeanor. Each day that the violation exists shall be considered a separate offense. Furthermore, any individual may institute a civil action to compel compliance with this ordinance and seek relief damages, or other civil sanctions including the awarding of attorney fees and costs accrued by the county.

ARTICLE 6: INVESTIGATION; IMPOUNDMENT

A law enforcement officer may, at the owner’s expense, impound any animal that has attacked, wounded or harmed any human being, livestock, animal or poultry. The animal shall not be released until a hearing before a court of competent jurisdiction has been held and the court has specified the timing and terms of release. 

Failure to comply. It shall be unlawful and a misdemeanor for any owner of an uncontrolled, nuisance and/or vicious animal to fail to comply with the requirements and conditions set forth in this section.

ARTICLE 7: COMPLAINTS, INVESTIGATION, CORRECTIVE MEASURES AND PENALTIES

If any person or groups of persons has knowledge or reasonable grounds to suspect that animal owners are maintaining dogs or other animals in such a manner as to constitute a nuisance by reason of unhealthful conditions, or maltreatment, he shall have the right to complain to local law enforcement agencies or health officials, and such authorities shall investigate the complaint. 

Such officials have full authority to examine complainant and other witnesses for relevant testimony and to prescribe and counsel corrective measures consistent with Article 3 to the animal owner. If, after a (ten) 10 day period, the owner/keeper fails to comply with the corrective measures ordered by health or government officials then such shall be deemed a violation of this ordinance, unless a court of law finds that such measures were unreasonable. 

PENALTIES:

UNCONTROLLED AND/OR NUISANCE ANIMALS

A person found guilty of owning an animal violating the uncontrolled and/or nuisance portion of this ordinance for the first time will be ordered to pay a fine of not less than $50 and no more than $200.00 plus court costs and restitution for any damages caused by the incident and the costs for capture and impoundment of said animal. For the second offense within 12 months, a person will pay a fine of not less than $200.00 and no more than $500.00 plus court costs and restitution. For a third offense or subsequent offenses within 12 months from the last, the person will pay not less than $500.00 and no more than $1,000.00 plus court costs and restitution. 

VICIOUS ANIMALS

A person found guilty of owning an animal violating the vicious portion of this ordinance for the first time will be ordered to pay a fine of not less than $500.00 and no more than $750.00 plus court costs and restitution for any damages caused by the incident and the costs for capture and impoundment of said animal. For the second offense within 12 months, a person will pay a fine of not less than $750.00 and no more than $1,000.00 plus court costs and restitution. For a third offense or subsequent offenses within 12 months from the last, the person will pay not less than $1,000.00 and no more than $1,500.00 plus court costs and restitution. Additionally, the convicting court may, in the court’s discretion, order that the dog be humanely destroyed. 

ARTICLE 8: ABANDONMENT OR DUMPING

This ordinance also prohibits and makes it illegal for any person to dump or abandon any animal and such action shall constitute a violation of this ordinance. 

ARTICLE 9: INCORPORATION OF STATE LAW

The provisions of the Rabies Control Act, A.C.A 20-19-301 through 312 and those statues regarding Cruelty to Animals, A.C.A. 5-62-101 through 120 are incorporated by reference herein and made a part of this ordinance. 

ARTICLE 10: COSTS

In the event a law enforcement agency, health official, or Humane Society is required or requested to investigate a violation of this ordinance and said complaint is substantiated, then the reasonable cost of the investigation of such shall be assessed against the owner/keeper of the animal. Failure to pay such shall be deemed a violation of this ordinance. Furthermore, if at any time it becomes necessary to impound or destroy the animal pursuant to this ordinance, then the cost of such shall be paid by the owner/keeper of said animal, and failure to do so shall constitute a violation of this ordinance. 

ARTICLE 11: PROOF OF COMPLIANCE WITH RABIES CONTROL ACT

Any law enforcement officer investigating a violation of this ordinance shall demand proof of compliance with the Rabies Control Act and failure to produce such shall be deemed a violation of this ordinance.

ARTICLE 12: EXEMPTIONS

Nothing in this ordinance shall apply in any manner whatsoever to the official use of police work dogs trained to aid law enforcement officers, if such dogs are being actively used for police work purposes, protection of the public, investigation of crime, and apprehension of law violators.

Nothing in this ordinance precludes a dog from “protecting his owner”, or any other person for whom he feels loyal, from attack. It is acknowledged that even a dog may defend against injury or battery. This ordinance does not apply when an individual trespasses an animal owner’s property, however, each dog or other animal owner shall exercise care to make certain that no harm results to an innocent trespasser, such as children, misguided pedestrians, invitees, trades people, business associates, social guests, and friends. It is further acknowledged pursuant to Act 393 of 1987 that any person engaged in raising or owning domesticated animals has the right to protect said animals from dogs, including the killing of dogs, if necessary. 

All political subdivisions and municipalities, which have already enacted ordinances, designed to protect citizens from attack or injury inflicted by vicious, or wild animals shall be exempt from the application of this ordinance. 

ARTICLE 13: IMMUNITY

Any law enforcement officer acting in good faith and exercising due care in enforcing this ordinance or any provision thereof, shall have immunity from civil liability. 

ARTICLE 14: NO ENCROACHMENT ON OTHER OFFICIAL DUTIES

Nothing in this ordinance shall encroach upon the official duties or activities of the State Game and Fish Commission, the Federal Fish and Wildlife Service, Circuses, Zoological Parks, Aquariums, or other licensed exhibitory show, provided all exercise an adequate degree of care.

ARTICLE 15: REPEAL

All ordinances and parts of ordinances in conflict with this ordinance are here by repealed.

ARTICLE 16: SEVERABILITY

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared severable. 

Dated this 24th day of July 2025.

(Seal)                                                                                             

            Approved:                         __                                                                          

                                                                                    Jerry T. Crane

                                                                                    Hempstead County Judge                                

Attest:                        __

        Karen M Smith

        Hempstead County Clerk