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Item 4E - MemoCITY OF SOUTI-HLAKE MEMORANDUM February 3, 2026 To: Alison Ortowski, City Manager From: Ashleigh Casey, Chief of Police Item 4E Subject: Item 4E: Approve Ordinance No. 1069A, 1st Reading, amending Chapter 4 of the Southlake City Code relating to the definition of "Dangerous animal," trapping of animals, and animals in protective custody. Action Requested: Item 4E: Approve Ordinance No. 1069A, 1st Reading, amending Chapter 4 of the Southlake City Code relating to the definition of "Dangerous animal," trapping of animals, and animals in protective custody. Background Information: The purpose of this item is to seek Council approval of an amendment to Chapter 4 of the Southlake City Code related to the definition of "Dangerous animal," trapping of animals, and animals in protective custody. Earlier this year, the City of Keller updated its ordinances to include the definition of "Dangerous animal" and the governing of animal trapping to ensure compliance with state law and to reflect current animal services practices. Because the City contracts with the Keller Police Department for animal services, it is necessary for the City to update its own ordinances to align with those procedures. Additionally, Keller's updated ordinance includes provisions addressing animals taken into protective custody as a result of an arrest, medical emergency, or other exigent circumstances. The proposed ordinance includes similar provisions to ensure the City has clear legal authority for the impoundment, care, and disposition of animals in such situations. A summary of the proposed updates is below: Section 4-100. "Definitions:" The revised definition in the proposed amendment expands the scope of "Dangerous animal" to include one that makes an unprovoked attack on a domesticated animal that causes serious bodily injury to the animal and occurs in a place other than a private enclosure, commercial kennel, animal shelter, or city -designated dog park. This update aligns the City's ordinance with the Texas Health and Safety Code and brings consistency with surrounding jurisdictions. Item 4E Section 4-460. "Trapping of Animals": The amended section clarifies it is unlawful for individuals to tamper with, remove, or damage traps set by Animal Services personnel. It also prohibits setting traps in a manner that may injure or kill an animal. These changes ensure the humane treatment of animals and compliance with applicable state laws and best practices. Due to changes in regulations and state law, Keller Animal Services no longer provides city -issued traps to residents for use in trapping wildlife. Additionally, residents who utilize personally owned traps for wildlife removal will be referred to private wildlife specialty services to relocate or properly dispose of healthy wildlife in a humane manner. Handling healthy wildlife requires specialized training, certification, and licensing, which private wildlife specialists are properly equipped and qualified to provide safely and lawfully. Animal Services will continue to assist with wildlife issues that pose a public health or safety concern, such as injured or sick animals, high -risk rabies species with potential human contact or exposure, or animals that have bitten or scratched someone. Section 4-465. "Animals in Protective Custody": This provision establishes a 10-day hold period for animals taken in due to emergencies such as fires, hospitalizations, or arrests. Fees will be waived in certain cases, such as medical emergencies, hospitalizations, fires or natural disasters. Boarding fees will apply after 24 hours for animals impounded due to an arrest. Owners or authorized individuals may reclaim their pets at any time. If an animal remains unclaimed at the end of the hold period, the City may place the animal for adoption, transfer ownership, or otherwise dispose of the animal in a lawful and humane manner. Strategic Link: This request aligns with the focus area of safety & security on the City's strategy map and B2: Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: Not Applicable. Legal Review: Proposed ordinance and amendments reviewed by City Attorney. Alternatives: The existing Interlocal Agreement for combined Animal Control and Shelter Services for the Cities of Keller, Southlake and Colleyville requires the City of Southlake to work with the City of Keller to align its ordinances with those of Keller and Colleyville, ensuring Animal Control Officers operate under a consistent and uniform regulatory framework. Item 4E Supporting Documents: Attachment A: Proposed Ordinance 1069A. Staff Recommendation: Item 4E: Approve Ordinance No. 1069A, 1st Reading, amending Chapter 4 of the Southlake City Code relating to the definition of "Dangerous animal," trapping of animals, and animals in protective custody. Staff Contact: Ashleigh Casey, Chief of Police ATTACHMENT ORDINANCE NO. 1069A AN ORDINANCE AMENDING CHAPTER 4, "ANIMALS, FOWL, INSECTS AND REPTILES," OF THE SOUTHLAKE CITY CODE BY AMENDING SECTION 4-100. "DEFINITIONS"; AMENDING SECTION 4- 460, "TRAPPING OF ANIMALS," AND ADDING A NEW SECTION 4- 465, "ANIMALS IN PROTECTIVE CUSTODY"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("City"), is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, The City Council finds it necessary to update the definition of Dangerous Animal in the Southlake City Code to conform to state law; and WHEREAS, the City Council finds that amendments to the City's animal trapping regulations are necessary to ensure compliance with state law, promote humane treatment of animals, and align with current animal services practices; and WHEREAS, the City Council further finds that it is necessary to establish local authority and procedures for animals taken into protective custody due to arrest, medical emergency, disaster, or other exigent circumstances; and WHEREAS, the City Council determines that these amendments are in the best interest of the public health, safety, and welfare of the residents of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. Section 4-100, "Definitions," of Chapter 4, "ANIMALS, FOWL, INSECTS AND REPTILES," of the Southlake City Code is hereby amended to amend the definition of "Dangerous animal" to read as follows: "Dangerous animal. (1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than a private enclosure; Page 1 ATTACHMENT (2) Commits unprovoked acts toward a person in a place other than a private enclosure and those acts cause that person to reasonably believe that the animal will attack and cause bodily injury to that person; or (3) Makes an unprovoked attack on a domesticated animal that causes serious bodily injury to the animal and occurs in a place other than a private enclosure, commercial kennel, animal shelter, or city -designated dog park. SECTION 2. Section 4-460, "Trapping of animals," of Chapter 4, "ANIMALS, FOWL, INSECTS AND REPTILES," of the Southlake City Code is hereby amended to read as follows: "Sec. 4-460. — Trapping of animals It shall be unlawful for any person to: (a) Remove, alter, damage, or tamper with a trap or equipment placed by an Animal Control Officer or employee; or (b) Set a trap, or permit such a trap to remain, in a manner that injures or kills an animal. Any person who traps an animal shall take reasonable precautions to ensure the humane treatment of the animal and to minimize stress, injury, or suffering" SECTION 3. Section 4-465, "Animals in protective custody," of Chapter 4, "ANIMALS, FOWL, INSECTS AND REPTILES," of the Southlake City Code is hereby added to read as follows: "Sec. 4-465. — Animals in protective custody An animal may be taken into protective custody by the Animal Control Authority or a Peace Officer, when necessary, due to an emergency or exigent circumstance, including but not limited to an owner's arrest, medical emergency, hospitalization, fire, natural disaster, or other situation where the owner is unable to provide care. (a) Animals taken into protective custody under this section shall be held at the Animal Shelter for a period not to exceed 10 days unless otherwise required by law. a. Animals impounded due to medical emergencies, fires, hospitalizations, or natural disasters may be reclaimed by the owner or an authorized representative at no cost within the ten (10) day hold. b. Animals impounded due to an owner's arrest shall not be assessed fees for the first twenty-four (24) hours. After twenty-four (24) hours, boarding or care fees may be assessed in accordance with the Animal Shelter fee schedule. Page 2 ATTACHMENT c. An owner or authorized representative may reclaim an animal at any time during the hold period upon providing proof of ownership and paying any applicable fees. (b) Animals in protective custody shall be provided appropriate housing, food, and veterinary care as reasonably necessary while in custody. (c) If an animal remains unclaimed at the expiration of the hold period, the City may place the animal for adoption, transfer ownership, or otherwise dispose of the animal in a lawful and humane manner." SECTION 4. This Ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Fine Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the subject matter herein which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. Page 3 ATTACHMENT The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, and effective date clause of this ordinance as authorized by the City Charter and Section 52.013 of the Local Government Code. SECTION 9. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2026. MAYOR, SHAWN MCCASKILL ATTEST: CITY SECRETARY, AMY SHELLEY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2026. MAYOR, SHAWN MCCASKILL ATTEST: CITY SECRETARY, AMY SHELLEY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 4