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Home My WebLink AboutORD 1346 Relating to Animals; Amending the Code I 'IItITliill!J:LJ T _ ,_] ILl -Rli1.IIIILIIIlUJ I~ t"i; Lrn:.:JI 1 T I I ' ,- I~ " -.:=J] -- ~ --~ n 080 ORDINANCE NUMBER 1346 ~I . I ~ AN ORDINANCE RELATING TO ANIMALS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, there has been an alarming increase in serious injuries and deaths caused by aggressive dogs, across the State and Nation; WHEREAS, the City Council finds that the health, safety and welfare of the community will be properly served by more specific regulation and requirements for aggressive dogs; WHEREAS, the existing State law regulating vicious dogs (Texas Penal Code, Section 42.12) does not apply to any given dog until after that dog has attacked and caused bodily injury; ,and WHEREAS, the City Council desires to provide regulations for aggressive dogs that are ancillary .to, and in harmony wi.t.h, the State l~w, 'and which 'will apply to agressive d6gs "before they have caused bodily injury, with the objective of preventing suchinjur.ies :from occurring; NOW, THEREFORE, / 1.....,. 1 I ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, 'tEXAS: Section 1. (a) The definition of "dog" in Section 5-1 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read as follows: "IDog1 shall have the same meaning given to that term by Section 42.12 of the Texas Penal Code (Vernon's 1989)." (b) Section 5-1 of the Code of Ordinances of the City of West University Place, Texas is hereby amended by adding thereto the following new definition of "aggressive dog:" "Aggressive dog" means a dog declared as such by the animal control officer in accordance with this section, unless the chief of police has reversed such declaration. The animal control officer shall declare a dog.to be an aggressive dog if it reasonably appears that: (i) the dog, without provocation, has bitten or attacked a human being or domestic animal either on public or private property, or has, in a vicious or terrorizing manner, approached any person in a public place in an apparent attitude of attack; or, i~ m [] w , ' L_______-------'-------_~~_ Ordinance Number 1346 081 (ii) the dog has a known propensity, tendency, or disposition to attack without provocation, to cause injury to, or to otherwise endanger the safety of, human beings or domestic animals; or, (iii) the dog has been trained for dog fighting or has partiidpated in an' organized' dog 'fi,ght.., : j . ",,]' , ~ \ . '. Section 2. The Code of Ordinances of the City of West University Place~; ,i s 'hereby amendedbyaddrt'ng theretu I-a "new section,i to be numbered 5-70, which: said section reads as follows: ',':{i Sec. 5-70. Aggressive Dogs; Special Regulations. . ~. -! \ The following regulations apply to aggressive dogs, and these regulations are in addition to, not in lieu of, the general regulations applicable to dogs. (i) The City Council may establish a higher fee for the issuance of a license for an aggressive dog. (ii) No license may be issued for an aggressive dog unless the driverls license number or state identification number of the owner is permanently tattooed on the inner surface of one ear of the dog. (iii) The applicant for a license must be at least 18 years old. (iv) It shall be the duty of the owner and harborer of an aggressive dog to keep such dog restrained, at all times, by one of the following three methods: Fenced and Chained. Keeping the dog both enclosed withln fences orwa 1:1 s at least six feet high ' (on prQpertyfrom 'i .~"L' whi ch the 'geriera~, pubHc .,i.s excl uded) and tether-ed"with a chain and well-fitted collar, each having a minimum, tensile strength of three hundred (300) pounds. The chain must be ,'i','" 'iiHther seourely fastened:ito anr,;mmovableobject or held by a person with sufficient strength to restrain the dQg~.and it may not exceed twenty feet in length. " Chained and Muzi~,edn"~'Keeping the dog both tethered'with a , ,':chain andwell...;.Htted:'icollar (each having a minimum tensile strength of at least three hundred pounds) and muzzled with a device which makes it impossible for the dog to bite a person or domestic animal. The chain must be held by a person with suitable strength to restrain the dog, and it, may no:t exceed three feet in 1 ength. ' Fully Enclosed. Keeping the dog with'in;a fUlly-enclosed'cage or pen, or within a building from which the general public is excluded; which is so designed and maintained that it is virtually impossible for: the dog to escape by leaping, digging or other means. ~___":"":':=":::"::~_:Il_'---_----'-___L_"---c::c:::IJ._ J,j II ___~L_;__.,-,,_l=O::J=:iI~i i.,. - I "";"-,111.~1I1Ll"1II1,1"1. III!'Ir::::~:r]JI;Eil.l1LllIJl6::i;I.-' 1_~lILllilllUL[L,_:L,lkl "'!~U!Y;I~<lI'. ! I ~,TI' r ':' --1'..!l , r:-- r.::::p- --II --~~ Ordinance Number 1346 082 Unless restrained as required by this section, an aggressive dog shall be considered "at large" and subject to the other provisions of this Chapter governing dogs at large. It is provided, however, that a person may not be punished under this paragraph for failing to restrain an a g:g:re ss i v:e dog if it is :demonst:ratedc:tothe court tha-t,ron the occasion in question, Section 42.12 of the Texas Penal CodeappHe~d to the person and dog involved in the alleged offense. J -:r; v ': ~l - ~I . '~ . ~ :: ~. ! 'j '. (v) It shall be the duty of each person owning or harboring an aggressive dog to display a sign on the premises where the dog is kept for any period of time exceeding twelve hours. The sign must read "WARNING: BAD .DOG" and must-beJ!}lainly legible from each public street or highway adjacent to the premises. (vi) Before making a declaration that a dog is aggressive, the animal control officer shall provide a reasonable opportunity to be heard for each person who the officer believes to own or harbor the dog, and the officer shall make a reasonable attempt to notify each such person promptly following a declaration. The animal control officer, upon declaring a dog to be an aggressive dog, may shorten the term of any license for that dog then in effect. provided that a prorata refund of the license fee is made. In any proceeding to enforce this section, it shall be an affirmative defense that the person charged neither knew, nor had any reason to believe, that the J: dog in question had been declared to be an aggressive dog by the animal control officer. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. ''''Secti on '4. I f 'any 'word, ,phrase; clause. sentence 0": paragraph. section or other part of this ordinance or the application thereof to any person'or circumstance, shall ever be held to be invalid or anconstitutional by any co~6t:6f~competent jurisdfction~,the remainder of this ordinance and the application of such word. phrase. clause. sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. :\-:Sections5. The City,'(i;oundl officially finds. determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed. considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 6. This ordinance takes effect on the tenth day following its publication, as required by Section 2.12 of the City Charter. -------, I i L.J Ordinance Number 1346 083 o PASSED AND APPROVED ON FIRST READING this the 24th day of April . 1989. Counci-lmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell Councilmembers Voting No: Council members Bri tton, Schwartze 1 Councilmembers Absent: None PASSED AND APPROVED ON SECOND READING this the . 1989. day of Councilmembers Voting Aye: Councilmembers Voting No: Gounc i lmembers Abserit:,' : " ; '] ;- J~' Signed: Michael L. Parks. Mayor o ATTEST: ~ City Secretary Approved as to form: (SEAL) James L. Dougherty, Jr. City Attorney -( :'1':: I' . ~:-;} ~: u ;, ..-. .~- " ill '"'~_''_;;;''''''''''"''''''''''''--'''''''''