Animals

Ark. Code Ann. tit. 20, ch. 19

in effect

Ark. Code Ann. § 20-19-101 Findings — Humane societies.

(a) The General Assembly finds and declares that humane societies for the prevention of cruelty to animals organized under the laws of this state now or hereinafter in effect are public organizations necessary to protect the health, safety, and general welfare of the citizenry of this state and are discharging a government function. (b) The General Assembly finds and declares that the appropriation of public funds for the use of humane societies in the maintenance and operation of shelters for stray, diseased, neglected, and other animals and in the protection of the public from disease among such animals is a public use of the funds in the discharge of a government function.

Ark. Code Ann. § 20-19-102 Injuries to domesticated animals by dogs — Definition.

(a)(1) As used in this section, “domesticated animals” includes without limitation sheep, goats, cattle, swine, poultry, and other livestock. (2) A person owning or having in possession or under control a dog is liable for damages to the owner or owners of a domesticated animal killed or injured by the dog for the full value of the domesticated animal killed or injured. (b)(1) A person engaged in raising domesticated animals or owning domesticated animals who sustains a loss or damage to any of his or her domesticated animals by a dog has a right of action against the owner, possessor, or controller of the dog. (2) A person knowing that a dog has killed or is about to catch, injure, or kill a domesticated animal has the right to kill the dog, without liability to the owner of the dog. (c)(1) The person sustaining loss or damage under subsection (b) of this section and desiring remuneration may file a complaint with the circuit court or district court having jurisdiction where the loss or damage occurred as permitted by the Arkansas Rules of Civil Procedure and allege the: (A) Loss or damage sustained; (B) Value of the loss or damage; and (C) Identity of the dog and the dog's owner, possessor, or controller . (2) The circuit court or district court having jurisdiction under subdivision (c)(1) of this section may : (A) Issue a summons to the defendant to appear in the circuit court or district court having jurisdiction and answer the allegations; and (B) Award the plaintiff treble the damages or loss in subdivision (c)(1)(B) of this section.

Ark. Code Ann. § 20-19-103 Sterilization of impounded dogs and cats.

(a) It shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release any dog or cat which has not been sterilized to a new owner except as provided in subsection (b) of this section. (b)(1) In any county in the state, it shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release to a new owner any dog or cat over three (3) months of age which has not been sterilized except as provided in subdivision (b)(2) of this section. (2)(A) An animal which in the opinion of a veterinarian licensed to practice veterinary medicine in the State of Arkansas is medically compromised to the extent that it cannot withstand immediate sterilization may be temporarily released pursuant to a foster care agreement until such time as it can safely be sterilized or until two (2) veterinarians licensed to practice veterinary medicine in the State of Arkansas certify that it is unlikely that the animal will ever recover to the extent that it can be safely sterilized. (B)(i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding. (ii) An owner who violates the agreement shall be subject to the penalties set forth in subsection (c) of this section. (c) Violations of this section are declared to be misdemeanors punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Ark. Code Ann. § 20-19-104 Voluntary certification program.

(a) The Department of Health shall establish a voluntary certification program for animal control officers, animal shelters, and other humane society counterparts. (b) The certification shall be based upon courses recommended by the National Animal Care and Control Association or its equivalent. (c) Certification of animal shelters shall be based upon compliance with shelter standards published by the Humane Society of the United States. (d) Training shall be administered by the Arkansas State Animal Control Association in cooperation with the department and utilizing qualified experts, including, but not limited to, licensed veterinarians and persons holding professional registrations or certifications in the appropriate areas of expertise.

Ark. Code Ann. § 20-19-301 Title.

This subchapter shall be known as the “Rabies Control Act”.

Ark. Code Ann. § 20-19-302 Definitions.

As used in this subchapter: (1) “Animal” means any animal other than dogs or cats that may be affected by rabies; (2) “Cats” means any domestic feline animal, species Felis catus; (3) “Dogs” means any domestic canine animal, species Canis lupus familiaris; (4) “Has been bitten” means the skin has been penetrated by an animal's teeth and saliva has contacted a break or abrasion of the skin; (5) “Owner” means any person who: (A) Has a right of property in a dog, cat, or other animal; (B) Keeps, harbors, cares for, or acts as the custodian of a dog, cat, or other animal; or (C) Knowingly permits a dog, cat, or other animal to remain on or about any premises occupied by him or her; and (6) “Vaccination against rabies” means the injection, subcutaneously or otherwise, of antirabic vaccine, as approved by the United States Department of Agriculture or the State Board of Health and administered by a licensed veterinarian, veterinary technician, veterinary technologist, veterinary technician specialist, or agent of the Department of Health.

Ark. Code Ann. § 20-19-303 Power of political subdivisions not limited — Applicability.

(a) This subchapter does not limit in any manner the power of any municipality or political subdivision to prohibit dogs, cats, or other animals from running at large whether or not they have been vaccinated against rabies as provided in this subchapter. (b) This subchapter does not limit in any manner the power of any municipality or other political subdivision to further control and regulate dogs, cats, or other animals in such municipality or political subdivision.

Ark. Code Ann. § 20-19-304 Penalties.

(a)(1) A person shall be guilty of a violation for: (A) Violating or aiding in or abetting the violation of any provision of this subchapter; (B) Making a misrepresentation in regard to any matter prescribed by this subchapter; (C) Resisting, obstructing, or impeding any authorized officer in enforcing this subchapter; or (D) Refusing to produce for inoculation against rabies any dog or cat in his or her possession. (2) Upon conviction, the person shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense. (b) Any dog or cat termed a stray that is not vaccinated against rabies is subject to destruction. (c)(1) Any officers failing, refusing, or neglecting to carry out the provisions of this subchapter shall be guilty of a violation. (2) Upon conviction, the officer shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for each offense.

Ark. Code Ann. § 20-19-305 Vaccination for dogs, cats, and other animals required.

All dogs, cats, and other animals shall be vaccinated against rabies as required by the State Board of Health.

Ark. Code Ann. § 20-19-306 Illegal acts when person bitten.

(a) It is unlawful for any person bitten, the family, treating physician, or veterinarian that has knowledge of a person bitten by a dog, cat, or other animal to refuse to notify the health authorities promptly. (b) It is unlawful for the owner of the dog, cat, or other animal to sell, give away, transfer, transport to another area, or otherwise dispose of the dog, cat, or other animal that is known to have bitten a person until it is released by the health authorities. (c)(1) It is unlawful for the owner of the dog, cat, or other animal to refuse or fail to comply with the written or printed instructions of the health authorities in any particular case. (2)(A) The written instructions shall be delivered in person by health authorities or their authorized agent. (B) If instructions cannot be delivered in person, the instructions shall be mailed by regular mail, postage prepaid, and addressed to the owner of the dog, cat, or other animal. (C) The affidavit or testimony of the health authorities or their authorized agent, who delivered or mailed such instructions, shall be prima facie evidence of the receipt of the instructions by the owner of the dog, cat, or other animal.

Ark. Code Ann. § 20-19-307 Confinement of animal when person bitten.

(a)(1)(A) Whenever the health authorities, county sheriff's office, or municipal police officers in cooperation with health authorities receive information that any person has been bitten by a dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, these local public officials acting in cooperation shall have the dog or other animal confined and observed. (B) If the dog, cat, or other animal has received a current vaccination against rabies and the owner provides proof of the current vaccination, the owner may confine and observe the dog, cat, or other animal. (2) If there is no local facility available for confining the dog, cat, or other animal that has not received a current vaccination against rabies or it is unknown if the dog, cat, or other animal has received a vaccination against rabies, it shall be the owner's responsibility to make satisfactory arrangements or to prepare a facility for the purpose of confinement. (b)(1) The offending dog or cat shall be confined for a period of ten (10) days by a veterinarian or owner or public pound. (2)(A) All other species of animals are to be confined and observed for rabies in the same manner, except the time element will vary so as to compensate for the difference in the incubation period of the disease. (B) This adjusted time element is to be determined by consultation with the Department of Health. (C) If there is no known incubation period, the animal may be euthanized and tested at the discretion of the department. (3) The veterinarian, owner, or public pound management personnel shall notify the local public health authorities of the disposition of the dog or animal at the termination of the confinement. (c)(1) Any confinement and observation expense incurred in the handling of any dog, cat, or other animal under this subchapter shall be borne by the owner. (2) If the dog, cat, or other animal is a stray and has no owner, the confinement and observation expense shall be borne by the person bitten or, if a minor, by the head of the family.

Ark. Code Ann. § 20-19-308 Shipment to laboratory of head of animal suspected of being rabid.

Any person causing the death of an animal, either wild or domesticated, suspected of being rabid shall cause the head of the animal to be presented to a county health unit of the county in which the animal was killed.

Ark. Code Ann. § 20-19-309 Area quarantine.

(a)(1) The Secretary of the Department of Health shall place certain areas under a rabies quarantine upon request of proper local officials. (2) In serious situations, the secretary may place the area under quarantine without waiting for a local request. (b) The occurrence of three (3) or more positive rabies cases in animals shall be sufficient basis for placing an area under quarantine. (c) The positive rabies cases shall be laboratory-confirmed by the Public Health Laboratory or any other laboratory acceptable to or approved by the secretary.

Ark. Code Ann. § 20-19-310 Authority to impose additional measures.

Whenever the proper officials or a government unit are convinced that the situation is conducive to the spread of rabies, additional measures may be imposed by the government unit if deemed necessary to prevent the spread of rabies among dogs and other animals. The government unit involved may require: (1) That all dogs, cats, or other animals in the locality be kept: (A) Confined within an enclosure; or (B) Muzzled and restrained by a leash composed of chain, wire, rope, or cable; (2) That all owners or keepers of dogs, cats, or other animals take such prophylactic measures as may be required and necessary to prevent the spread of rabies; or (3) That other measures, in addition to annual vaccination against rabies, that may be necessary to control the spread of rabies in dogs, cats, and other animals be carried out.

Ark. Code Ann. § 20-19-311 Administration by Secretary of the Department of Health.

The Secretary of the Department of Health or his or her official representative shall have the responsibility for carrying out the provisions of this subchapter.

Ark. Code Ann. § 20-19-312 State Board of Health's authority to regulate.

(a) The State Board of Health shall adopt rules necessary to carry out this subchapter, with subsequent amendments as needed. (b) The Arkansas Board of Animal Health may adopt rules as are necessary pertaining to dogs and cats transported or moved into Arkansas for any purpose.

Ark. Code Ann. § 20-19-401 Findings.

The General Assembly finds that: (1) Wolves and wolf-dog hybrids are now present in this state but remain unregulated; (2) The Compendium of Animal Rabies Prevention and Control advises that no vaccination has been approved for use in wolves or wolf-dog hybrids; (3) However, wolves and dogs are scientifically classified as the same species; (4) Off- and extra-label use of vaccines approved for use in dogs are widely used to vaccinate wolves and wolf-dog hybrids, even by the United States Government, to prevent diseases such as rabies; (5) Failure to vaccinate wolves and wolf-dog hybrids raises the possibility of creating a large pool of animals that could serve as reservoirs for rabies; and (6) Due to the neglect and irresponsibility of their owners, some wolves and wolf-dog hybrids could pose a threat to public safety in this state.

Ark. Code Ann. § 20-19-402 Definition.

As used in this subchapter, “wolf-dog hybrid” means any animal which is publicly acknowledged by its owner as being the offspring of a wolf and domestic dog. No animal may be judged to be a wolf or wolf-dog hybrid based strictly on its appearance.

Ark. Code Ann. § 20-19-403 Records.

(a) Owners of wolves and wolf-dog hybrids shall maintain all health records of each wolf and wolf-dog hybrid, including health certificates, records of immunization, and any other documentary evidence pertaining to the health and welfare of the animal. (b) The owner shall maintain records of acquisitions and disposals of wolf-dog hybrids, including the name and address of the person with whom a transaction is conducted, with entries being made on the day of the transaction. (c) Records shall be available for inspection by law enforcement personnel at reasonable hours.

Ark. Code Ann. § 20-19-404 Confinement — Care — Inspections.

(a) Wolves and wolf-dog hybrids shall be provided adequate confinement and adequate feeding. (b) Adequate confinement shall include at least: (1) A brick, concrete, or chain-link enclosure surrounded by two (2) layers of fencing as follows: (A) For a single animal: (i) Either an inner chain-link fence a minimum of fifteen feet by eight feet by ten feet (15' x 8' x 10') or an electric fence that prevents climbing over, and either extending two feet (2') underground or employing some other means that prevents digging under; and (ii) An outer fence eight feet (8') high with at least four feet (4') between the two (2) fences unless the inner fence is an electric fence posted with warning signs and the gate is locked at all times; (B) For a pair, double the cage length for a single animal; or (C) For more than two (2) animals, add ten feet (10') to the single animal length and width for each additional animal; (2) A secluded den four feet (4') square for each animal; and (3) No more than four (4) total of wolves or wolf-dog hybrids, or both, per acre. (c) Adequate confinement shall not include tethering of a wolf or wolf-dog hybrid not under the direct supervision and control of the owner or custodian. (d)(1) Adequate feeding shall include daily feedings and provisions of water. (2) The feed used shall consist of a minimum meat-based protein content of twenty-five percent (25%) and crude fat of fifteen percent (15%), with exceptions for geriatric and overweight animals or under the advice of a licensed veterinarian. (e) Owners and custodians of wolves and wolf-dog hybrids shall allow inspections by law enforcement personnel at reasonable hours to ensure adequate confinement and adequate feeding. (f) This section applies only to owners of four (4) or more adult wolf-dog hybrids or wolves, animals one (1) year of age or older.

Ark. Code Ann. § 20-19-405 Entry into state.

(a) Wolves and wolf-dog hybrids may enter into this state only if each animal is accompanied by a certificate of veterinary inspection indicating that the animal is free from disease or exposure to infectious or contagious disease. (b) No animals from rabies-quarantined areas shall be admitted into this state.

Ark. Code Ann. § 20-19-406 Vaccination.

(a) Wolves and wolf-dog hybrids are required to be vaccinated against rabies by a licensed veterinarian with a vaccine approved for dog use, and a rabies certificate may be issued. (b) Veterinarians shall inform the owner of the wolf or wolf-dog hybrid, preferably in writing, that the vaccination is considered “off label” and that protection against rabies is not guaranteed. (c) If a wolf or wolf-dog hybrid bites a person, the following criteria shall be used by an official of the Department of Health in dealing with the animal: (1) The decision shall consider, at least: (A) The epidemiology and risk of rabies in the species of animal in question; (B) Possible prior exposure to a rabies vector; (C) Behavior of the animal at the time of the bite; (D) Prior rabies vaccinations; and (E) Other circumstances that may exist; (2) In some situations, the department shall consider the initiative and willingness of the individual so exposed to submit to postexposure antirabies immunization after being adequately informed of all potential risks; (3) Upon written order by the Secretary of the Department of Health or a specifically designated representative, any biting animal determined to be at significant risk for the transmission of rabies shall be humanely killed and the brain tissue submitted for testing; and (4) The department has the authority to order the quarantine of an animal determined to be a very low risk for the transmission of rabies for a thirty-day observation period as an alternate method to euthanasia and testing. (d) Owners shall be notified and given three (3) business days to provide proof to the department in their animal's defense before the animal can be euthanized. (e) If in the future the United States Department of Agriculture approves the use of rabies vaccines in wolves or wolf-dog hybrids, or both, then wolves and wolf-dog hybrids will fall under the same rules as dogs regarding biting humans and rabies control.

Ark. Code Ann. § 20-19-407 Penalties.

(a) If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor. (b) If a wolf or wolf-dog hybrid is not adequately confined or fed, the person responsible for adequate confinement or adequate feeding of the animal, or both adequate feeding and adequate confinement, upon conviction shall be guilty of a Class A misdemeanor. (c) A person who abandons or releases a wolf or wolf-dog hybrid into the wild upon conviction shall be guilty of a Class A misdemeanor.

Ark. Code Ann. § 20-19-408 Local regulation.

Nothing in this subchapter shall be construed to prohibit local regulation of the ownership, breeding, confinement, or feeding of wolves or wolf-dog hybrids.

Ark. Code Ann. § 20-19-501 Definitions.

As used in this subchapter: (1) “Large carnivore” means any live individual of those species of animals that are inherently dangerous to humans, including: (A) Bears; (B) Lions; and (C) Tigers; (2) “Possessor” means a person who owns, keeps, or has custody or control of a large carnivore; and (3)(A) “Wildlife sanctuary” means a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code as it existed on January 1, 2005, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced large carnivores are provided care for their lifetimes. (B) “Wildlife sanctuary” does not mean a place that: (i) Conducts any activity that is not inherent to the large carnivore's nature; (ii) Uses the large carnivore for any type of entertainment; (iii) Sells, trades, or barters the large carnivore or the large carnivore's body parts; or (iv) Breeds the large carnivore for purposes of sale.

Ark. Code Ann. § 20-19-502 Prohibited acts.

(a) Except as permitted under this subchapter, it is unlawful for a person to: (1) Own or possess a large carnivore; (2) Breed a large carnivore; or (3) Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration. (b) Except as permitted under this subchapter, it is unlawful for a person or other entity in control of any property, residence, or business premises to knowingly permit any other person to be in possession of a large carnivore upon the property, residence, or business premises.

Ark. Code Ann. § 20-19-503 Exemptions.

This subchapter does not apply to: (1) Institutions accredited by the Association of Zoos and Aquariums; (2) Registered nonprofit humane societies; (3) Animal control officers or law enforcement officers acting under the authority of this subchapter; (4) Veterinary hospitals or clinics; (5) A person or organization with a United States Department of Agriculture Wildlife Exhibition Permit; (6) Employees of the Arkansas State Game and Fish Commission in the performance of their duties; (7) Persons holding a valid Arkansas State Game and Fish Commission Scientific Collection Permit applicable to a large carnivore; or (8) Persons or organizations with an Arkansas State Game and Fish Commission Wildlife Breeder/Dealer Permit.

Ark. Code Ann. § 20-19-504 Permit for personal possession.

(a) A person may possess a large carnivore only if: (1) The person was in possession of the large carnivore and was the legal possessor of the large carnivore on or before August 12, 2005; and (2) The person applies for and is granted a permit for personal possession for each large carnivore in the person's possession not more than one hundred eighty (180) days after August 12, 2005. (b)(1) A person under subsection (a) of this section shall annually obtain a permit for personal possession. (2) After August 12, 2005, any additional large carnivore shall not be brought into possession under the authority of a permit for personal possession. (c)(1) An applicant shall file on forms provided by the sheriff's department an application to receive a permit for personal possession with the sheriff's department of the county where the large carnivore is kept. (2) The application shall include: (A) The name, address, and telephone number of the applicant; (B) A description of each large carnivore, including the scientific classification, name, gender, age, color, weight, and distinguishing marks or coloration that would aid in the identification of the animal; (C) A photograph of the large carnivore; (D) The location where the large carnivore is kept; and (E) The name, address, and telephone number of the person from whom the applicant obtained the large carnivore, if known. (3) The application shall be signed by the veterinarian who is expected to provide veterinary care to the large carnivore and shall include the veterinarian's name, address, and telephone number. (d) The county sheriff's department shall not grant a permit unless: (1) An annual permit fee of two hundred fifty dollars ($250) for each large carnivore accompanies the application; (2) The applicant is eighteen (18) years of age or older; (3) The applicant has not pleaded nolo contendere or guilty to or been found guilty of any animal cruelty violations in the past ten (10) years or to a felony offense for possession, sale, or use of illegal narcotics in the past ten (10) years; (4) The facility and the conditions in which the large carnivore is kept comply with this subchapter; and (5) The applicant has obtained the liability insurance coverage for the large carnivore as required under this subchapter. (e)(1) The county sheriff's department shall keep records of persons issued a valid permit for personal possession of a large carnivore and provide copies of the records to the Arkansas State Game and Fish Commission when each permit is issued. (2) A permit holder shall notify the county sheriff's department of any changes of the permit holder's information, including the death of the large carnivore. (f)(1) In addition to the other requirements for issuance of a permit for personal possession, the large carnivore shall be spayed or neutered before a permit is issued to the possessor unless a veterinarian confirms that spaying and neutering would endanger the large carnivore. (2) A record of the large carnivore's being spayed or neutered by a veterinarian is to be kept on file by the permit holder. (g) All fees levied and collected for permits of personal possession under this section shall be deposited into the county treasury to be used by the county sheriff's department to offset the cost of issuing permits of personal possession, for any costs involved in controlling large carnivores located within the county, and for any other animal control costs.

Ark. Code Ann. § 20-19-505 Caging requirements.

(a)(1) The possessor of a large carnivore is required to maintain the large carnivore in a cage that meets the requirements recommended by the United States Department of Agriculture or the Association of Zoos and Aquariums as in existence on January 1, 2005, for each species of large carnivore. (2) Failure to provide the caging required by this section shall result in the cancellation of the permit for personal possession. (b) Deviations from these caging requirements may be approved by the county sheriff of the county where the large carnivore is kept upon showing of good cause.

Ark. Code Ann. § 20-19-506 Insurance — Signs — Notification.

(a)(1) A possessor of a large carnivore shall maintain liability insurance coverage of not less than one hundred thousand dollars ($100,000) for each occurrence for liability damages for destruction of or damage to property and for death or bodily injury to a person caused by the large carnivore. (2) The possessor of a large carnivore shall provide a copy of the policy for liability insurance to the county sheriff's department on an annual basis to obtain or renew a permit. (b)(1) The possessor of a large carnivore shall post and display a sign at each possible entrance onto the premises where a large carnivore is kept. (2) The sign shall be clearly legible and easily readable by the public. (3) The sign shall warn that there is a large carnivore on the premises.

Ark. Code Ann. § 20-19-507 Inspection.

The possessor of a large carnivore shall allow an official of the county sheriff's department, an animal control officer, an Arkansas State Game and Fish Commission game warden, or a law enforcement officer of the municipality or county where the large carnivore is kept to enter the premises to ensure compliance with this subchapter.

Ark. Code Ann. § 20-19-508 Public contact — Warnings of escape.

(a) The possessor of a large carnivore shall not bring a large carnivore to any commercial or retail establishment unless the possessor is bringing the large carnivore to a veterinarian clinic. (b)(1) If a large carnivore escapes or is released, the possessor of the large carnivore immediately shall contact the Arkansas State Game and Fish Commission and law enforcement officials of the city or county where the possessor resides to report the escape or release. (2) The possessor is liable for all expenses associated with efforts to recapture the large carnivore. (c) A person or an organization with a United States Department of Agriculture Wildlife Exhibition Permit may take the large carnivore to schools and other exhibitions for educational or fundraising purposes.

Ark. Code Ann. § 20-19-509 Confiscation.

(a) A large carnivore may be immediately confiscated by a county sheriff's department if: (1) The possessor does not have a permit for personal possession; (2) The possessor does not have the liability insurance coverage required under this subchapter; (3) Conditions under which the large carnivore is kept are directly or indirectly dangerous to human health and safety; or (4) The caging requirements of § 20-19-505 are not met. (b)(1) If a large carnivore is confiscated, the possessor shall be liable for the costs of placement and care for the large carnivore from the time of confiscation until the time the large carnivore has been relocated to an alternative facility. (2) The county sheriff's department shall seek to place the confiscated large carnivore with a wildlife sanctuary, humane society, or an institution accredited by the Association of Zoos and Aquariums.

Ark. Code Ann. § 20-19-510 Penalties.

A person who is in violation of the prohibitions of § 20-19-502 is guilty of a Class A misdemeanor.

Ark. Code Ann. § 20-19-511 Rules and regulations.

(a) The county sheriff's department of each county may collect the fees for the permits for personal possession required under this subchapter. (b) The Arkansas State Game and Fish Commission may adopt rules and regulations to implement and enforce this subchapter.

Ark. Code Ann. § 20-19-601 Definitions.

As used in this subchapter: (1) “Interested person” means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity that a court determines may have a pecuniary interest in a primate that is the subject of the petition under § 20-19-607; (2) “Law enforcement officer” means a public servant vested by law with a duty to maintain public order or to make an arrest for an offense, including without limitation: (A) An animal control officer; and (B) An Arkansas State Game and Fish Commission game warden; (3) “Person” means an individual, a partnership, a corporation, an organization, or another legal entity or an officer, a member, a shareholder, a director, an employee, an agent, or a representative of a partnership, a corporation, an organization, or another legal entity; (4) “Primate” means a live individual animal of the taxonomic order Primates, excluding humans; (5)(A) “Temporary holding facility” means an incorporated nonprofit animal protection organization, such as a registered humane society and shelter, that temporarily houses a primate at the written request of a law enforcement officer. (B) “Temporary holding facility” includes a person that is a registered primate owner that is temporarily caring for a primate; and (6) “Wildlife sanctuary” means a nonprofit entity that: (A) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care; (B) Does not conduct a commercial activity with respect to primates, including without limitation: (i) Sale, trade, auction, lease, or loan of primates or parts of primates; or (ii) Use of primates in a for-profit business or operation; (C) Does not use primates for entertainment purposes or in a traveling exhibit; (D) Does not breed primates; and (E) Does not allow members of the public to be in proximity to primates without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a primate of any age.

Ark. Code Ann. § 20-19-602 Prohibited activities.

(a) A person shall not import, possess, sell, or breed the following primates: (1) An ape; (2) A baboon; or (3) A macaque. (b)(1)(A) It is unlawful for a person to allow a member of the public to come into direct contact with a primate. (B) Subdivision (b)(1)(A) of this section does not apply to a registered primate owner, the family of a registered primate owner, or an invited guest of a registered primate owner. (2) If a primate potentially exposes a human to rabies or another zoonotic disease by penetration or abrasion of the skin, the owner of the primate shall report the potential exposure to the local public health office within twenty-four (24) hours. (c)(1) It is unlawful for a person to tether a primate outdoors, such as on a leash or chain, or to allow a primate to run at-large. (2) If a primate escapes or is released, the owner of the primate immediately shall contact a law enforcement officer in the county in which the primate is kept and the Arkansas State Game and Fish Commission to report the loss, escape, or release. (3) The owner of a primate that escapes or is released is liable for all expenses associated with efforts to recapture the primate. (d) It is unlawful to violate the caging and care standards in this subchapter or to keep a primate in a manner that threatens animal welfare or public safety. (e) It is unlawful to operate a primate commercial breeding facility in this state.

Ark. Code Ann. § 20-19-603 Exemptions.

(a) Section 20-19-602(a), (c), and (d) and § 20-19-605 do not apply to: (1) Either: (A) An institution accredited by a zoological accreditation agency, including without limitation the Association of Zoos and Aquariums, or the Zoological Association of America; or (B) A certified related facility that coordinates with an Association of Zoos and Aquariums Species Survival Plan Program for breeding of species listed as threatened or endangered under 16 U.S.C. § 1533, as it existed on January 1, 2013; (2) A research facility as defined in the Animal Welfare Act, 7 U.S.C. § 2132(e), as it existed on January 1, 2013; (3) A wildlife sanctuary; (4) A temporary holding facility; (5) A licensed veterinarian for the purpose of providing treatment to a primate; (6) A law enforcement officer for purposes of enforcement or investigation; (7) A circus defined as an exhibitor holding a Class C license under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as it existed on January 1, 2013, that: (A) Is in the state for less than ninety (90) days per year; (B) Regularly conducts performances featuring live, dangerous, wild animals and multiple trained human entertainers, including clowns and acrobats; and (C) Does not allow a member of the public to be in proximity to a dangerous, wild animal without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a dangerous, wild animal; (8)(A) A person temporarily transporting a legally owned primate, including an ape, macaque, or baboon, through this state if: (i) The transit time is not more than ten (10) days; (ii) The primate, including an ape, macaque, or baboon, is not exhibited; and (iii) The transporter has complied with all state laws and federal regulations regarding the transport. (B)(i) A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported. (ii) The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law; or (9) A person that is temporarily transporting a legally owned primate under § 20-19-604. (b) However, a registered primate owner, including an ape, macaque, or baboon owner, may transfer a registered primate, including an ape, macaque, or baboon.

Ark. Code Ann. § 20-19-604 Prior possession.

A person eighteen (18) years of age or older may continue to lawfully possess a primate, including an ape, macaque, or baboon, if within one hundred eighty (180) days after August 16, 2013, the primate, including an ape, macaque, or baboon, is registered under § 20-19-605 and if: (1) The person maintains veterinary records, acquisition papers, or other documents or records that establish that the person possessed the primate, including an ape, macaque, or baboon, before August 16, 2013; (2) The person does not acquire an ape, macaque, or baboon after August 16, 2013, by purchase, trade, or breeding; (3) The person has not pleaded guilty or nolo contendere to or been found guilty of an offense involving the abuse or neglect of an animal under a state, local, or federal law; (4) The person is not subject to a court order requiring the forfeiture of a primate; (5) The person has not had a license or permit regarding the care, possession, exhibition, breeding, or sale of an animal revoked or suspended for more than six (6) months by a state, local, or federal authority; (6) The facility and the conditions in which each primate is kept comply with this subchapter; (7) The person does not bring a primate to a commercial or retail establishment, unless it is owned or rented by the registered primate owner, or is a licensed veterinarian's office, an educational facility, a facility rented for the sole purpose of education, or a hotel or motel where the primate would not have direct contact with the public; or (8) The person has an identification number placed in the primate via subcutaneous microchip, at the expense of the owner, unless a veterinarian determines the implantation would be harmful to the primate's well-being.

Ark. Code Ann. § 20-19-605 Registration of primates.

(a)(1)(A) Within one hundred eighty (180) days after August 16, 2013, a person that currently owns or possesses a primate shall submit to the county sheriff of the county in which the person keeps a primate a registration form provided by the sheriff's office. (B) A person that in the future may purchase, import, trade for, or otherwise own or possess a primate not prohibited under this subchapter shall within thirty (30) days after acquisition of the primate submit to the county sheriff of the county in which the person keeps the primate a registration form provided by the sheriff's office. (2)(A) The registration form shall include: (i) The name, address, and telephone number of the registrant; (ii) A description of each primate, including the scientific classification, name, gender, age, color, weight, and distinguishing marks; (iii) A photograph of the primate and the enclosure in which the primate is kept with measurements to show compliance with this subchapter; (iv) The location at which the primate is kept; (v) The name, address, and telephone number of the person from whom the registrant obtained the primate, if known; and (vi) A written statement giving the name and address of the veterinarian who provides veterinary care to the primate, signed by the veterinarian. (B) The registrant shall submit with the registration form a one-time registration fee of fifty dollars ($50.00) for the initial registration and a fee of ten dollars ($10.00) for each additional registration to be deposited into the county treasury, which the county sheriff's department shall use to offset the cost of issuing registration for possession of a primate and for costs involved in controlling primates located within the county. (3) The county sheriff's office shall notify the Arkansas State Game and Fish Commission of each registration received by the county sheriff's office. (b) The person shall notify the county sheriff's office of any changes in the information provided on the registration form, including the death or transfer of the primate.

Ark. Code Ann. § 20-19-606 Facility and care requirements.

(a) A person possessing a primate shall maintain the primate in an enclosure that meets or exceeds the minimum standards set forth by the United States Department of Agriculture under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as it existed on January 1, 2013, for each species of primate. (b) A person possessing a primate shall comply with the minimum standards of care set forth by the United States Department of Agriculture under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as it existed on January 1, 2013.

Ark. Code Ann. § 20-19-607 Enforcement.

(a) Upon probable cause, a law enforcement officer may seize a primate possessed or kept in violation of this subchapter. (b) A primate seized under this section is forfeited upon a judicial determination that: (1) The seized animal is a primate; and (2) The owner of the seized primate has violated this subchapter with regard to the seized primate. (c)(1) A primate seized and forfeited under this section shall be placed in the custody and control of a registered primate owner if possible. (2) If placement is not possible under subdivision (c)(1) of this section, a primate seized and forfeited under this section shall be placed in the custody and control of a zoo accredited by the Association of Zoos and Aquariums or a wildlife sanctuary. (d)(1) A primate seized but not forfeited under this section shall be impounded or quarantined at the home of a registered primate owner if possible. (2) If impoundment and quarantine under subdivision (d)(1) of this section is not possible, a primate seized but not forfeited under this section shall be kept in the custody of an institution accredited by the Association of Zoos and Aquariums, a wildlife sanctuary, or a temporary holding facility under § 20-19-603 until disposition of the seized primate. (e)(1) A zoo, wildlife sanctuary, or temporary holding facility having custody of a primate under this section may file a petition with the court requesting that the person from which the primate was seized or the owner of the primate be ordered to post security. (2)(A) Security ordered under subdivision (e)(1) of this section shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the zoo, the wildlife sanctuary, or the temporary holding facility in caring for and providing for the primate pending the disposition of the primate. (B) Reasonable expenses under subdivision (e)(2)(A) of this section include without limitation estimated medical care and boarding of the primate before disposition. (C) The amount of the security under subdivision (e)(2)(A) of this section shall be determined by the court after taking into consideration the facts and circumstances of the case, including without limitation the recommendation of the organization having custody and care of the seized primate and the cost of caring for the primate. (D) If security under subdivision (e)(2)(A) of this section has been posted, the zoo, the wildlife sanctuary, a registered primate owner, or the temporary holding facility may draw from the security the actual costs incurred in caring for the seized primate. (3)(A) Upon receipt of a petition the court shall set a hearing on the petition to be conducted within five (5) business days after the petition is filed. (B) The petitioner shall serve a copy of the petition on the owner of the primate and the law enforcement entity that seized the primate. (C) The petitioner also shall serve a copy of the petition on any interested person. (D) If the court orders the posting of security under this section, the person ordered to do so shall post the security with the clerk of the court within five (5) business days after the hearing. (E) Upon judicial determination on the disposition of the seized primate, a person that posted the security under this section is entitled to a refund of the security for any expenses not incurred by the impounding organization. (f) Voluntary relinquishment does not affect criminal charges that may be pursued by the appropriate authorities.

Ark. Code Ann. § 20-19-608 Penalty.

A violation of this subchapter is a Class A misdemeanor.

Ark. Code Ann. § 20-19-609 Additional local restrictions authorized.

This subchapter does not preempt the authority of a city, town, or county.

Ark. Code Ann. § 20-19-610 Rules.

(a) The Arkansas State Game and Fish Commission may adopt rules to implement this subchapter. (b) A rule adopted under this subchapter shall not add to the list of exempt entities or species of primates or impose additional fees or insurance requirements.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026