City of Springdale v. Chandler, 5-100

• Decision Date: 18 May 1953
• Docket Number: No. 5-100,5-100
• Citation: 222 Ark. 167,257 S.W.2d 934
• Parties: CITY OF SPRINGDALE v. CHANDLER.
• Court: Arkansas Supreme Court

Page 934

257 S.W.2d 934

222 Ark. 167

CITY OF SPRINGDALE v.CHANDLER.

No. 5-100.

Supreme Court of Arkansas.

May 18, 1953.

Ulys A. Lovell and James E. Evans, Springdale, for appellant.

Courtney C. Crouch, Springdale, for appellee.

ROBINSON, Justice.

The trial court held an ordinance of the City of Springdale pertaining to the keeping of chickens in the corporate limits to be invalid, and the City has appealed.

Section One of OrdinanceNo. 255 of the City of Springdale provides: 'That hereafter no person or persons shall keep or permit to be kept within the City limits of Springdale, Arkansas, any cow or cows hog or hogs, sheep, goats, horses, poultry or other livestock, which animal or animals shall be housed or permitted to run or graze during the day or night within 150 feet of the dwelling house of any other inhabitant of the City of Springdale, Arkansas, provided that no action shall be taken by the properly constituted authorities of the City of Springdale, Arkansas, except upon written protest of two or more neighbors of the person keeping such livestock.'

Appellee was charged with a violation of this ordinance by keeping chickens in the city within 150 feet of a dwelling.He filed a demurrer which was sustained by the trial court.

The Statutes give cities authority to prevent injury or annoyance within the city limits from anything dangerous, offensive, or unhealthy, and to cause any nuisance to be abated; and authorize cities to prevent, abate and remove nuisances of every kind; and give the power to make such ordinances as to them shall seem necessary to provide for safety, health, etc.Ark. Stats. §§ 19-2303,19-2304,19-2401.

A municipal corporation cannot declare that to be a nuisance which is not a nuisance per se.Merrill v. City of Van Buren, 125 Ark. 248, 188 S.W. 537.

A livery stable in a city or town is not a nuisance per se, Durfey v. Thalheimer, 85 Ark. 544, 109 S.W. 519, City of Fort Smith v. Bonner, 194 Ark. 466, 107 S.W.2d 539, nor is the hide and fur business, City of Fort Smith v. Western Hide & Fur Co., 153 Ark. 99, 239 S.W. 724, or the keeping of cattle in a city, Bryson v. Ellsworth, 211 Ark. 313, 200 S.W.2d 504.A city or town has no right to declare the keeping of bees in the city a nuisance.Town of Arkadelphia v. Clark, 52 Ark. 23, 11 S.W. 957.

However, the city may regulate the location of livery stables, but such a regulation must not be arbitrary or unjust, City of Little Rock v. Reinman-Wolfort...