Can dog catcher issue citations for violations of city ordinances? 14-54-1101 12-9-102

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL March 19, 1985 OPINION NO. 85-92 The Honorable William -P. -Mitis State Representative, District 45 200 Searcy Street Kensett, Arkansas 72082 Dear Mr. Mills: This letter is written in response to your opinion request in which you ask whether a city dog catcher is author- ized to issue a citation for violation of a city ordinance and what procedure there is to give a dog catcher such authority. Cities of the first and second class and incorporated towns are empowered to enact ordinances to prevent the running at large of, inter alia, dogs in the city limits. Ark. Stat. Ann. §19-2503 (Repl. 1980). Your inquiry probably stems from a concern whether dog catchers or other personnel enforcing such an ordinance need be a certified law enforcement officer in accordance with Ark. Stat. Ann. §§42-1001, et. seq. (Repl. 1977), and regulations promulgated by the Executive Commission on Law Enforcement Standards. Under Ark. Stat. Ann. §42-1009(b) (Cum. Supp. 1983), " . . . inspectors and code enforcement officers of cities and towns" are specifically exempted from the requirements of these rules and regulations. A dog catcher would be exempt under this language. The foregoing opinion, which I hereby approve, was prepared hy Assistant Attorney General Theodore Holder. Attorney General SC;TH:eac