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Item 4L City of Southlake, Texas Memorandum November 30, 2007 To:Shana Yelverton, City Manager From:Wade G. Goolsby, DPS- Chief of Police Services Ref: Ordinance No. 923, 1st Reading, Adopt Ordinance to amend Chapter 4 "Animals" of the Code of Ordinances by amending Article II "Control and Care" to reflect recent changes in State Law related to the control and care of animals Action Requested: Consider adopting Ordinance 923 to amend Chapter 4, Animals, of the City of Southlake Code of Ordinances by adding amending Article II “Control and Care” to reflect recent changes in State Law related to the control and care of animals. Background: The Texas Legislature recently modified the existing laws related to the restraint of dogs. The legislation is intended to address the issue of dog owners leaving a dog unattended outdoors by use of a restraint within 500 feet of a school, in extreme weather, or between the hours of 10pm and 6am. A restraint is defined as a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. Many dog owners in Texas leave their dogs unattended and confined by the use of a restraint during extreme weather without consideration for the animal’s well being. This practice is both neglectful and sometimes cruel to the animal. However, the existing laws did not specifically address the issue of dogs being merely restrained during extreme weather and the lack of specificity within the statutes made it difficult to address the issue. The new State statute makes it unlawful for a dog owner to leave a dog unattended outside by use of a restraint that unreasonably limits the dog’s movement and is during extreme weather conditions. Extreme weather condition is defined as any weather condition in which the actual or effective outdoor temperature is below 32 degrees; a heat advisory has been issued by a local or state authority; or a tornado warning has been issued by the National Weather Service. Additionally, the State legislature recognized that having dogs restrained outside near a school can pose a hazard to passing children that may pass too closely to the animal or feel compelled to try and pet the animal. The new State statute makes it illegal for a dog owner to leave a dog outside and unattended by use of a restraint within 500 feet of the premises of a school. Our existing Code of Ordinances does not reflect the changes in State law and needs to be updated so that it does not conflict with State law. The proposed revisions are intended to make the City of Southlake Code of Ordinances properly reflect the changes in State law related to the care and control of dogs. Financial Considerations: None Financial Impact: None Citizen Input/ Board Review: None Legal Review: The City Attorney has reviewed and drafted the proposed amendments to the Code of Ordinances. Alternatives: The City Council could choose not to approve the amended changes to the Code of Ordinances which could leave conflicts between the City Code and State statutes. Supporting Documents: Supporting documents include:  Ordinance 923 Staff Recommendation: Council approval of Ordinance 923 to amend Chapter 4, "Animals" of the Code of Ordinances by amending Article II "Control and Care" to reflect recent changes in State Law related to the control and care of animals. ORDINANCE NO. 923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING ARTICLE II “CONTROL AND CARE” OF CHAPTER 4 “ANIMALS” OF THE CODE OF ORDINANCES RELATING TO ANIMAL RESTRIANT; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Southlake, Texas 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 desires to ensure the safe and humane care and treatment of animals; and, WHEREAS , the City Council desires to enact additional regulations governing the restraint of animals which are consistent with state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 4-31 “Definitions” of Division 1 “Generally” of Article II “Control and Care” of Chapter 4 of the City Code is amended to add the following definition: Extreme weather condition means any weather condition in which: (1) The actual or effective outdoor temperature is below 32 degrees Fahrenheit; (2) A heat advisory has been issued by a local or state authority or jurisdiction; or (3) A tornado warning has been issued for the jurisdiction by the National Weather Service. SECTION 2. Section 4-56 “Restraint” of Division 2. “Animal Control” of Article II. “Control and Care” of Chapter 4 of the City Code is revised by amending subsection (f) and adding subsection (g) to read as follows: Sec. 4-56. Restraint (f) Fencing; metal chains and leashes; other devices. When on the owner’s property, and not within visual proximity and verbal control of the owner, an animal must be confined to the premises by a substantial fence of sufficient design, density, strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from the premises or any other devise suitable to ensure the animal remains on the premises of its owner. When applicable, any manner of restraint must also conform with subsection (g) below. (g) Restraint of a dog. A dog must be restrained as follows: (1) Unlawful restraint of a dog. An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement: (i) between the hours of 10 p.m. and 6 a.m.; (ii) within 500 feet of the premises of a school; or (iii) in the case of extreme weather conditions (2) Restraint which unreasonable limits movement. A restraint unreasonably limits an dog’s movements if the restraint: (i) uses a collar that is a pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; (ii) is a length shorter than the greater of five times the length of the dog’s nose to the base of the animal’s tail; or ten (10) feet. (iii) is n an unsafe condition; or (iv) causes an injury to the dog. (3) Exceptions. Subsection (1) shall not apply to: (i) a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by a mans of a pinch-type, prong-type, choke-type, or improperly fitted collar. (ii) a dog restrained for a reasonable period, not to exceed three hours in a 24-hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained; (iii) a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by the State if the activity for which the license is issued is associated with the use of presence of a dog; (iv) a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or (v) a dog restrained while the owner is engaged in conduct related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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 5. 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting curfew 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 7. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. The City Secretary of the City of Southlake is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. SECTION 9. This Ordinance shall be in full force and effect form and after its passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ____ day of __________________, 2007. ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of _________________, 2007. ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY