FROM THE OUACHITA COUNTY CIRCUIT COURT [NO. 52CV-14-32]
HONORABLE DAVID F. GUTHRIE, JUDGE
Rayford Wright, pro se appellant.
Law Firm, by: Tom Wynne, for appellee.
D. VAUGHT, JUDGE.
Wright appeals the judgment entered by the Ouachita County
Circuit Court on September 30, 2016. The judgment found that
Wright had violated the City of Bearden's Ordinance No.
115 and fined him $970 plus $25 court costs. The court
further found that it could not rule on Wright's argument
that the ordinance was unconstitutional because he did not
plead or raise it before the municipal court. On appeal, Wright
argues that Ordinance No. 115 "does not withstand
constitutional law." We hold that the circuit court
clearly erred in finding that it could not rule on
Wright's constitutional argument because it was not pled
or raised before the municipal court. Accordingly, we reverse
issue in this case is the City of Bearden Ordinance No. 115,
AN ORDINANCE TO REGULATE THE KEEPING OF HORSES, GOATS, COWS,
& HOGS WITHIN THE CITY LIMITS OF BEARDEN, ARKANSAS;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the maintenance of Horse Lots, Goats, Cows, and Hogs
within the City Limits of Bearden, Arkansas is a nuisance and
a menace to health, unless sanitary regulations are
WHEREAS, in some instances such animals are maintained at
places within the City of Bearden, Arkansas, so as to destroy
the peace, comfort and health of some of the Citizens, now
THEREFORE, Be It Ordained by the City Council of Bearden,
SECTION 1. On and after the effective date of this
ordinance, no Horse Lot, Horse, Goat, or Goats, Goat Pens,
Cows, Cow or Cow Lot, Hog or Hogs, or Hog Pen, shall be
maintained within the City Limits of Bearden, if located
within 300 Feet of any residence or Home.
SECTION 2. Provided, however, that such animals, or
enclosures for such animals, may be maintained within 300
feet of any residents or residences, only if and when, the
person, firm or corporation desiring to maintain such animals
or lots therefor within 300 feet of a residence or residents,
shall obtain in writing the consent of the occupants and
owners of the resident or residences that are situated within
300 feet of the place where such animals or lots are to be
maintained. . . .
Bearden, Ark, Ordinance 115 (May 7, 1957).
12, 2013, the Mayor of Bearden, Bill Farmer, wrote a letter
to Wright advising that at a June 10, 2013 city council
meeting one of Wright's neighbors (Sharon Garlington)
complained about his horses. In this letter, Mayor Farmer
cited Ordinance No. 115 and ...