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Home My WebLink AboutPO 5999: RESTRAINT OF PETS & FENCINGinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~~,,~ ~~~~_/ Date: April 15, 2009 Subject: P. O. No. 5999; Council Meeting April 21, 2009 Attached is P. O. No. 5999 amending Section 10-164 of the Code of Ordinances as it pertains to the restraints imposed on pets. If the City Council wants to add fencing or other restraints, they can simply add the language in the blanks. Attached is a memo from the Director of Community Services and from the Animal Control Supervision on dog restraints. Also attached is a copy of Section 7-3.1 of the Code of Ordinances of Dallas as it pertains to the restraint of animals. MTS:gt Attachment z.po5999_memo RECEIVED A~A~ 3 9 2009 CITY MANAGER'S OFFICE Memo INSPECTIONS & CODE ENE'ORCENIENT ._ ~. MAR 1~ 2009 LEGAL DE?ARTMENT r, To: Steve Fitzgibbons, City Manager /' ,'; r From: Lawrence Baker, Director of Code Enforcement Date: March 18, 2009 p<~ 3~~ y/o l ~..~~~1._ B-' r ~~,.h ~~h ,g~«, ~y /' I~ ~~ Re: Report on Dog Restraint and Fencing (Requested by Councilmember John Beard) ~"ny Currently we do not have a section in our Animal Ordinance that requires an owner of a dog to have adequate fencing. None of our surrounding communities have any such requirements. An ordinance in Dallas does have language which requires an animal to be fenced in and tethered inside the fence; it also limits the amount of time an animal can be tethered (A dog can not be tied up for no longer than 3 hours in a 2Y hour period}.Their ordinance requires the animal to be fenced in and restrained for safety. In discussion with my Animal Control Supervisor, we decided that a fence would be appropriate for animals who have exhibited tendencies to break free of their restraints regularly and who exhibit aggressive tendencies. This added language would allow us the ability to offer our citizens additional safeguards from problem dogs and give an owner the option to keep his animal by erecting an enclosure to prevent future problems. If the problem persists we have the ability to take corrective action to seize the dog and have a hearing to declare this animal vicious and dangerous. I do not feel it would be practical for the city to require all owners of animals to build enclosures for their animals if they have not been a problem. LB/LB 1 CITY OF PORT ARTHUR ENVIRONMENTAL HEALTH ANIMAL CONTROL DEPARTMENT Memo To: -Lawrence Baker, Community Service Director From: Anthony Mitchell, Animal Control Supervisor Date: March 16, 2009 Re: Fencing for dogs thur t A City of Por r Community Services MAR 1 6 2009 Our department has enforced the city ordinance to the public on dogs that run at large. We have given warnings and written citations referencing City Ordinance; Chapter 10, Section 10-164(a), RestrainUAt-Large. There are public concerns about dogs that may pose a threat because of their behavior on leashed restraints. We cannot make residents fence their yards in due to this situation because of the wording of the ordinance. The ordinance states that dogs can be restrained in a leashed manner as long as the leashed dog does not protrude onto a neighbor's property or city property. I have contacted local animal control agencies and asked if their local ordinance require citizens to put up fences for any reasons. The response I got from all of these agencies was that the dogs had to be restrained either in a fence or on a leashed restraint For the citizens of Port Arthur who have this concern, I personally agree that we amend or create an ordinance to reflect this matter. heecity councild. Reiquiri`ng dog owners to putlup a fencehforl heir dogs should be categorized as follows: 1. Residents with dogs that continue to break free from restraints and have received at least two citations within the year. 2. Residents who own dogs that has broken free from a restraint and bit a citizen. 3. Residents who own large dogs that show aggressive behavior on restraints. 4. Dog owners that live near schools where students walk by. ~ / - ~/ Date Page 12 of 40 disease, or sickness is in serious doubt; or (3) the animal is not redeemed from a city animal shelter within the applicable time period required under Section 7-2.6 of this chapter. (c) An animal impounded at a city animal shelter may only be euthanized by using a barbiturate or derivative substance approved for that purpose by the Federal Food and Drug Administration and administered under the direction of a licensed veterinazian. This section does not apply to action authorized by Subsection (a) of this section. (Ord. 26024) ARTICLE III. CARE AND TREATMENT OF ANIMALS. SEC. 7-3.1. PROPER RESTRAINT. (a) An owner of an animal commits an offense if he fails to restrain the animal at all times in a fenced yazd, in an enclosed pen or structure; or by a tether or leash. (b) No animal may be restrained by a tether or leash unless the animal is in the immediate possession of and accompanied by the animal's owner. (c) It is a defense to prosecution under Subsection (a) that the animal was: (I) a dog in an off-leash site established under Section 32-6.1 of this code; or (2) a feral cat participating in a trap, neuter, and return program approved by the director. (d) It is a defense to prosecution under Subsection (b) that the animal was a dog and was tethered: (1) in a manner complying with Section 7-4.7 of this chapter; and (2) for a reasonable period of time, not to exceed three hours in a 24-hour period, and no longer than necessary for the owner to complete a temporary task that required the dog to be restrained. (Ord. Nos. 26024; 27250) SEC. 7-3.2. SANITARY CONDITIONS; MAINTENANCE OF PREMISES. (a) An owner of an animal cornmits an offense if he fails to: (1) keep any cage, pen, enclosure, or other area in which the animal is kept in a sanitary condition; or (2) remove all animal excreta from the cage, pen, enclosure, or other azea in which the animal is kept as often as necessary to maintain a healthy environment. (b) A person commits an offense if he permits any yard, ground, premises, or structure belonging to, controlled by, or occupied by him to become nauseating, foul, offensive, or injurious to the public http://ww-w. amlegal.com/nxt/gateway.dll/Texas/dallas/volumeUchapter7animals?f=templat... 4! 15/2009 p. O. No. 5999 04/09/09 gt ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-164 OF THE CODE OF ORDINANCES AS IT PERTAINS TO THE RESTRAINTS IMPOSED ON PETS, PROVIDING FOR A PENALTY NOT TO E%CEED $500 PER DAY, AND PROVIDING FOR PIIBLICATION WHEREAS, the City of Port Arthur presently has an ordinance as it pertains to restraints imposed on pets as delineated below: "Sec. 10-164. Restraint; at large. (a) The owner of a dog shall keep the dog under restraint at all times. However, no person shall stake a leashed dog so that it can go on any sidewalk or street, or enter property belonging to another, without the consent of the owner. (b) The owner of a cat shall keep the cat under restraint at all times. The owner of a cat shall not permit the cat to enter property belonging to another, without the consent of the owner." WHEREAS, the City Council desires to make changes therein. NOW THEREFORE, BE ZT ORDAINED BY THS CITY COIINCZL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council makes the following changes to Section 10-164 of the Code of Ordinances: "Sec. 10-164 Restraint; at large. z.po5999 Section 3. That this being an Ordinance amending an Ordinance which imposes a penalty, fine, or forfeiture, its caption and penalty shall be published at least one (Z) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur. Section 4. That a violation of this Ordinance shall be a fine not exceeding $500 per day and per incident. Section 5. That this Ordinance shall become effective immediately after the date of publication. Section 6. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: MAYOR ATTEST: CZTY SECRETARY z.po5999 APPROVED AS TO FORM: ~ S~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.po9999