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HomeMy WebLinkAboutPO 6010: RESTRAINTS IMPOSED ON PETSinteroffice MEMORANDUM To: Mayor, City Council, and City Manager ~ ~ g From: Mark T. Sokolow, City Attorney ~'C../! d-vjwr- Lawrence Baker, Director of Community Services Date: May 27, 2009 Subject: P. O. No. 6010; Council Meeting June 2, 2009 Attached is updated P. O. No. 6010 amending Section 10-161 of the Code of Ordinances as it pertains to the restraints imposed on pets, providing for a penalty not to exceed $500 per day, and providing for publication. At the last meeting, Councilmember Williamson desired to revisit the ordinance as it pertains to the height of fences. The City Council needs to put in the expected height. MTS:gt Attachment z.po6010_memo P. O. No. 6010 05/27/09 is ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-161 OF THE CODE OF ORDINANCES AS IT PERTAINS TO THE RESTRAINTS IMPOSED ON PETS, PROVIDING FOR A PENALTY NOT TO EXCEED $500 PER DAY, AND PROVIDING FOR PUBLICATION WHEREAS, per Ordinance 09-36, the City Council amended Section 10-161 of the Code of Ordinances as it pertains to restraints imposed on pets as delineated below: "Sec. 10-161. Limited numbers. I. LIMITATION ON THE NUMBER OF DOGS AND CATS IN DWELLING UNITS (a) A person commits an offense if he harbors more than five dogs, cats, or any combination of dogs and cats on the premises of a dwelling unit that shares a common wall with another dwelling unit. (b) A person commits an offense if he harbors more than: (1) five dogs, cats, or any combination of dogs and cats on the premises of a dwelling unit that shares no common wall with another dwelling unit and that is located on not more than one-half acre of land; or (c) In determining the number of dogs or cats harbored on the premises of a dwelling unit under Subsections (a) and (b) of this section, the director shall not count any dog or cat under six months of age or any feral cat participating in a trap, neuter, and return program approved by the director. II. TETHERED DOGS (a) An owner of a dog the dog or allows manner or by any (1) allows the leased, or (2) allows the commits an offense if he tethers the dog to be tethered in any nethod that: dog to leave the premises owned, occupied by the dog's owner; dog to become entangled; (3) does not allow the dog access to food, water, and appropriate shelter if outside; or z.po6010 (4) does not meet the requirements for tethering a dog under Subsection (b) of this section. (b) The following requirements apply to a dog tethered within the city: (1) The dog must be properly fitted with and wearing a harness or collar made of leather or nylon. (2) The tether must be attached to the dog's harness or collar and not directly to the dog's neck. (3) The tether must be at least 10 feet long. III. DEFECATION OF DOGS ON PUBLIC AND PRIVATE PROPERTY; FAILURE TO CARRY MATERIALS AND IMPLEMENTS FOR THE REMOVAL AND DISPOSAL OF DOG EXCRETA. (a) An owner of a dog commits an offense if he knowingly permits, or by insufficient control allows, the dog to defecate in the city on private property or on property located in a public place. (b) An owner of a dog commits an offense if he: (1) knowingly permits the dog to enter or be present on private property or on property located in a public place; and (2) fails to have in his possession materials or implements that, either alone or in combination with each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property. (c) It is a defense to prosecution under Subsection (a) that the owner of the dog immediately and in a sanitary and lawful manner removed and disposed of, or caused the removal and disposal of, all excreta deposited on the property by the dog. (d) It is a defense to prosecution under Subsection (a) or (b) that: (1) the property was owned, leased, or controlled by the owner of the dog; (2) the owner or person in control of the property had given prior consent for the dog to defecate on the property; or (3) the dog was a service dog being used in official law enforcement activities. z.po6010 (e) This section does not apply to a service dog that is specially trained to assist a person with a disability and that was in the custody or control of that disabled person at the time it defecated or was otherwise present on private property or on property located in a public place. IV. CONFINEMENT REQUIREMENTS FOR DOGS KEPT OUTDOORS. (a) An owner of a dog commits an offense if he fails to provide a fenced yard, or other outdoor pen or structure, used as the primary living area for the dog or used as an area for the dog to regularly eat, sleep, drink, and emit excreta is not: (1) at least 150 square feet for each dog six months of age or older; (2) designed, constructed, and composed of material sufficient to prevent the dog's escape; and (3) designed in a manner that provides the dog access to the inside of a doghouse, building, or shelter that meets all requirements of Subsection (b) of this section. (b) A doghouse or other building or shelter for a dog must: (1) have a weatherproof top, bottom, and sides; (2j have an opening on no more than one side that allows the dog to remain dry and provides adequate shade during daylight hours to prevent overheating or discomfort to the dog; (3) have a floor that is level and dry; (4) be free from cracks, depressions, and rough areas that might be conducive to insects, parasites, and other pests; (5) be of adequate size to allow the dog to stand erect with the dog's head up, to turn around easily, and to sit and lie down in a comfortable and normal position; (6) have sufficient clean and dry bedding material or other means of protection from the weather that will allow the dog to retain body heat when the weather is colder than what a dog of that breed and condition can comfortably tolerate; z.po60 to (7) provide a suitable means for the prompt elimination of excess liquid; (8) be structurally sound, maintained in good repair, and constructed with material that protects the dog from injury; and (9) allow the dog easy access in and out." and WHEREAS, per Ordinance No. 09-36, the City Council amended Section 10-164 of the Code of Ordinances as it pertains to restraints as follows: "Sec. 10-164. Restraint; at large. I. RESTRAINT; AT LARGE. (a) The owner of a dog shall keep the dog under restraint at all times while in the public. 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 not permit the cat to enter property belonging to another, without the consent of the owner." II. PROPER RESTRAINT (a) An owner of an animal commits an offense if he fails to restrain the animal at all times in a fenced yard, in an enclosed pen or structure, and by a tether or leash. (b) Leashed dogs in enclosed pens shall not be restrained over a three (3) hour period during a 24- hour period. (c) It is a defense to prosecution under Subsection (b) that the animal was a dog and was tethered: (1) 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." and z.po6o to WHEREAS, the City Council desires to make changes therein as to a portion of Section 10-161. NOW THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Subsection IV of Section 10-161 of the Code of Ordinances is herein amended as delineated herein: "IV. CONFINEMENT REQIIIREMENTS FOR DOGS KEPT OIITDOORS. (a) An owner of a dog commits an offense if he fails to provide a fenced yard, or other outdoor pen or structure, used as the primary living area for the dog or used as an area for the dog to regularly eat, sleep, drink, and emit excreta is not: (1) at least 150 square feet for each dog six months of age or older; (2) designed, constructed, and composed of material sufficient to prevent the dog's escape; and (3) designed in a manner that provides the dog access to the inside of a doghouse, building, or shelter that meets all requirements of Subsection (b) of this section; and (4) a height of at least feet. (b) A doghouse or other building or shelter for a dog must: (1) have a weatherproof top, bottom, and sides; (2) have an opening on no more than one side that allows the dog to remain dry and provides adequate shade during daylight hours to prevent overheating or discomfort to the dog; (3) have a floor that is level and dry; (4) be free from cracks, depressions, and rough areas that might be conducive to insects, parasites, and other pests; z.po6010 (5) be of adequate size to allow the dog to stand erect with the dog's head up, to turn around easily, and to sit and lie down in a comfortable and normal position; (6) have sufficient clean and dry bedding material or other means of protection from the weather that will allow the dog to retain body heat when the weather is colder than what a dog of that breed and condition can comfortably tolerate; (7) provide a suitable means for the prompt elimination of excess liquid; (8) be structurally sound, maintained in good repair, and constructed with material that protects the dog from injury; and (9) allow the dog easy access in and out. 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 (1) 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 z.po6010 NOES: ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER ~DIRECTOR~OF C I~+~~ Y SERVICES z.po6010