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