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Home My WebLink About(4) PR13926: DANGEROUS DOGSinteroffice MEMORANDUM To: Mayor, City Council, City Manager From: Mark T. Sokolow, City Attorney ~ ~ Date: December 22, 2006 Subject: P. R. No. 13926; Council Meeting of January 2, 2007 Attached is P. R. No. 13926 requesting Representative Deshotel, Representative Ritter, Representative Eiland, Senator Janek, and Senator Williams to adopt a bill as to give the City additional flexibility to adopt laws as it pertains to dangerous dogs. MTS:ts Attachment CC: Police Chief Director of Community Services Municipal Court Judge z.pr13926 memo P. R. No. 13926 12/21/06 ts RESOLUTION NO. A RESOLUTION REQUESTING REPRESENTATIVE DESHOTEL, REPRESENTATIVE RITTER, REPI~ESENTATIVE CRAIG EILAND, SENATOR JANEK, AND SENATOR WILLIAMS TO SUPPORT A BILL IN THE 80TH LEGISLATIVE SESSION AS TO GIVE THE CITY ADDITIONAL FLEXIBILITY TO ADOPT ORDINANCES AS IT PERTAINS TO DOGS WHEREAS, Section 822.047 of the Health and Safety Code provides for the following: "§ 822.047. Local Regulation of Dangerous Dogs A County or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and (2) are more stringent than restrictions provided by this subchapter." ; and WHEREAS, the City has received the attached report as to vicious dogs, attached hereto as Exhibit "A"; and WHEREAS, the City Council is requesting the legislature to give the cities more flexibility as to enact local ordinances on dangerous dogs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. z.pr13926 Section 2. Ritter, Representative Eiland, Senator Janek, Williams are herein requested to file a bill 822.047 That Representative Deshotel, Representative and Senator to amend Section of the Health and Safety Code as follows: "§ 822.047 Local Regulation of Dangerous Dogs A county or municipality may place additional requirements, restrictions, or local ordinances on dangerous dogs, which may include restrictions on specific breeds, and of which can also be more stringent than restrictions provided by this subchapter." Section 3. That the City Secretary shall send a copy of this Resolution to Representative Deshotel, Representative Ritter, Representative Eiland, Senator Janek, and Senator Williams. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED ~ APPRO%'ED on this day of , A.D., 2007, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ' Councilmembers ' NOES: MAYOR z .pr13926 ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr13926 EXHIBIT "A' ' Memorandum POLICE DEPARTMENT PORT ARTHUR TO: FROM: Date: Re: W.M. Blanton, Chef of Police D. Odom, Deputy Chef 12-18-06 Vicious Dog Calls Mayor Pro Tem Prince has requested a report on incidents involving leash law violations, the number of dogs caught roaming or loose and a repoa on the number of attacks on citizen by loose dogs. Lawrence Baker will be doing this report. The City Manager asked that the Police Department furnish any information we have on this matter. I researched the number of incidents in which our Officers have been charged by vicious dogs while in the line of duty. The data I gathered is fxom the Use of Force Reports beginning January 1, 2005 until December 13, 2006 (23 months). There were a total of fourteen (14) incidents in which Officers used force to defend themselves or another person from being attacked by vicious dogs. Thirteen (13) of these incidents involved Officers using a firearm to stop the aggression. Seven (7) dogs were killed by gunshot wounds. Five (5) dogs were shot at but missed by the Officer. One (1) dog mn offafier the Officer fired at it. Unknown if injured or not. One (1) dog was shot with a Taser (no life threatening injuries). Of these fourteen (14) incidents; Nine (9) involved Pit-bulls Two (2) involved Rottweilers Three (3) involved an unknown breed of dog. A synopsis of these incidents is attached. I also researched the number of calls for service made by this Department relating to loose and/or vicious dogs. The data gathered is from January 1, 2005 until December 15, 2006. The vicious dogs listed below include those dogs the complainant advised were vicious or those dogs that were chasing a person or attempting to attack a person or another animal. TYPE OF CAIJ. Dogs running loose 75 Dogs running loose that were vicious 127 Dogs running loose and caused property damage 6 Dogs running loose and injured or killed another animal 25 Dog Bites (adults, children, postal workers) 35 Disturbance involving a loose dog 1 TOTAL 269 NUMBER OF CALLS The types of dogs involved in these calls as identified by the complainants are listed below. Many of the calls received involved more than one dog. TYPE of DOG NUMBER of DOGS Pit-bull 149 German Shepard 7 Rottweiler 27 Unknown/Miscellaneous 159 Calls for service by Police Districts District 1 45 District 6 27 District 2 10 District 7 10 District 3 77 District 8 16 District 4 41 District 9 2 District 5 41 ATACHEMEi~T Vicious Dot Attacks on Officers I. 5-28-05 6:37 PM 2790 62Ra St. Unknown Large Black Dot Officer responded to a disturbance. An unknown large black dog charged the Officer. Officer fired at dog and missed. Dog was later retrieved by Animal Control. 2. 7-23-05 6:37 PM 1148 Foley Ave. Pit-bull Officer responded to a call of a vicious pit-bull roaming flee. Upon Officers arrival, the dog charged the Officer and Complainant. Officer shot and killed the dog. 3. 7-25-05 5:25 PM 3013 18th St Pit-bull Officer received a call of a vicious pit-bull attempting to attack a 13 year old child. Upon Officers arrival, the dog charged the Officer. Officer shot and killed the dog. 4. 8-11-05 4:09 PM AM 1900 block Carolina Ave. Pit-bull Officer was assisting Animal Conlxol with a dog bite incident. Officers observed two dogs running loose. Both dogs charged the Police Officer and the Animal Control Officer. One dog was shot and killed. 5. 8-29-05 7:41 AM 7319 Lake Arthur Dr. Pit-bull Officer received a call of a pit-bull running a~er children at a school bus stop. Officer fired at the dog and missed. Animal Control later arrived and was able to capture the dog. 6. 10-5-05 6:20 PM 2800 block 29t~ St Rotweiler Officer was flagged down in reference to a dog attacking a person. The dog then charged the Officer. Officer shot and killed the dog. 7. 10-19-05 6:45 PM 6142 Linda Pit-bull Officer received a call ora pit-bull not allowing a homeowner to entex his residence. The dog charged the Officer. Officer shot and killed the dog. 8. 2-5-06 9:18 AM 1000 Lincoln Ave. Rottweiler Officer encountered a "bad dog". The Officer discharged his Taser at the dog. No life threatening injuries to the dog. 9. 4-23-06 5:00 PM 3448 30m St. Unknown Brown and White Dot Officer was following up on an evading case when he was charged by a dog. Officer fired at the dog but missed. The dog ran off. 10. 6-21-06 10:30 PM 2743 Suzie Pit=bull Police Officer and an Animal Contxol Officer were investigating a pit-bull ru, ning loose that charged a neighbor. The dog then charged both Officers. Police Officer shot and killed the dog. 11. %9-06 4:41 PM 337 13t~ St. Unknown Dog Officer responded to a call of loose dogs that attacked an elderly female. Officer shot and killed the dog. 12. 7-29-06 3:17 PM 3011 Alamo Pit-bull Officer responded to a call of vicious pit-bull chasing juveniles. Officer arrived and was charged by the dog. Officer fired at the dog and the dog mn off. It is unknown if the dog was injured. 13. 10-9-06 7:16 PM 730 Nashville Ave. Pit-bull Officer responded to a call of a pit-bull in complainant's back yard not allowing him to go outside. Officer arrived and was charged by the dog. Officer fired at dog but missed. The dog was later secured by the owner. 14. 12-11-06 1:10 PM 3700 8t~ St~ North Alley. Pit-bull Officer was in a foot pursuit of a robbery suspect when he was charged by a pit-bull. Officer fired at the dog but missed. The dog ran off.