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Home My Public Portal AboutOrdinance No. 1118-08 07-08-2008 • 1118-08 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS DEFINING A "DANGEROUS ANIMAL" AS INCLUDING ONE WHICH HAS PREVIOUSLY ATTACKED ANOTHER DOMESTICATED ANIMAL AND MAKING IT AN OFFENSE TO KEEP SUCH A DANGEROUS ANIMAL; PROVIDING A RIGHT OF APPEAL; PROVIDING OTHER CHANGES INVOLVING THE REGULATIONS CONCERNING DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills 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 has previously enacted Chapter 6 regulating the keeping of dangerous and potentially dangerous animals; and • WHEREAS, the City Council has previously made it an offense to keep a dangerous or potentially dangerous animal within the City limits without special protections and a permit: and WHEREAS, the City Council has determined that an animal that attacks another domesticated animal should be considered to be a dangerous and potentially dangerous animal for purposes of the City Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 6-1 TO BROADEN THE DEFINITIONS OF "DANGEROUS ANIMAL" AND "POTENTIALLY DANGEROUS ANIMAL" TO INCLUDE AN ANIMAL THAT ATTACKS OR THREATENS ANOTHER DOMESTICATED ANIMAL Section 6-1 of Article I of Chapter 6 of the Richland Hills City Code is hereby amended by the amendment of the following existing definition to provide as follows: Dangerous animal means an animal that: • (1) Makes an unprovoked attack on a person or a domesticated animal that causes bodily injury and occurs in a place other than an enclosure in which • the animal was being kept that was reasonably certain to prevent the animal from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person or a domesticated animal. (3) A "potentially dangerous animal" is an animal that displays aggressive tendencies while inside an enclosure which would cause a person of normal sensibilities to fear the animal will attack that person or a domesticated animal, where the enclosure in which the animal is being kept is not sufficient to ensure the safety of persons or domesticated animals on adjoining property, or the public at large. The remainder of Section 6-1 shall remain unchanged. SECTION 2. AMENDMENT OF DIVISION 4 TO BROADEN APPLICATION OF REGULATIONS REGARDING DANGEROUS DOGS TO ALL ANIMALS, • ESTABLISH PROCEDURES FOR DECLARING ANIMALS AS DANGEROUS ANIMALS OR POTENTIALLY DANGEROUS ANIMALS, AND MAKE MINOR OTHER REVISIONS TO THE REGULATIONS REGARDING SUCH ANIMALS Division 4 of Article IV of Chapter 6 of the Richland Hills City Code is hereby amended to provide as follows: DIVISION 4. DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS Section 6-186. Additional requirements for dangerous animals. In addition to other requirements found in this chapter and V.T.C.A., Health and Safety Code § 822.042 the owner of an animal declared to be dangerous shall: (1) Place on the dog an orange collar of at least one inch in width with the wording "DANGEROUS" printed upon the collar and on a tag firmly attached to such collar. (2) Muzzle the animal at all times the animal is not in a secure enclosure. (3) Any of the remedial requirements described in section 6-2 may also be • ORDINANCE AMENDING DANGEROUS ANIMAL REGULATIONS INCLUDING ANIMAL-ON-ANIMAL VIOLENCE Page 2 W:\Richland Hills\Ordinance\Dangerous Anima1.8.1.07.final.wpd • imposed. (4) Pay the appropriate fee from the fee schedule in appendix A. Section 6-187. Destruction of dangerous animals at large. Any animal wearing a dangerous animal collar or tag found at large may be destroyed by any animal control officer, or any peace officer in the interest of public safety. Section 6-188. Removal of dangerous animal from city. (a) Any person removing a dangerous animal from the city shall notify the animal control officer, or the police department. The animal control officer or police department representative shall then notify the animal control authority over the area where the animal is being moved. (b} If a person moves a registered dangerous animal into the city, the owner of such animal shall notify the animal control officer or the police department, within 14 days. After presenting prior registration, and verification of registration requirements as described in V.T.C.A., Health and Safety Code § 822.043 and verifying compliance with the provisions of this article, and the payment of the • appropriate fee from the fee schedule in appendix A, the animal shall be registered with the city and a new tag provided. Section 6-189. Animals declared dangerous or potentially dangerous. (a) If the animal control officer determines that an animal fits the definition of a "dangerous animal" as contained in section 6-1 herein, the animal control officer may declare the animal to be dangerous. (b) If the animal control officer determines that an animal fits the definition of a "potentially dangerous animal" as contained in section 6-1 herein, the animal control officer may declare the animal to be potentially dangerous. (c) The owner of an animal declared by the animal control officer to be dangerous or potentially dangerous may appeal such determination to the Richland Hi lls Municipal Court by filing with the clerk of said court, within five days after the animal control officer's determination, a written notice stating the owner's desire to appeal from said determination. The municipal court will set such matter for hearing at the earliest convenient time. At such hearing, the City, though the animal control officer or city prosecutor, shall present evidence and any witnesses desired to establish that the animal is dangerous or potentially dangerous as defined in this Chapter, and the owner may present any evidence indicating the animal is not • ORDINANCE AMENDING DANGEROUS ANIMAL REGULATIONS INCLUDING ANIMAL-ON-ANIMAL VIOLENCE Page 3 W:\Richland Hills\Ordinance\Dangerous Anima1.8.1.07.final.wpd • dangerous or potentially dangerous. The City shall bear the burden of proof by a preponderance of the evidence. Neither party shall be entitled to a jury regarding this determination. At the conclusion of said hearing, the municipal court shall make a determination whether the animal is potentially dangerous, which determination shall be final and binding on all parties. (d) When the animal control officer declares an animal to be dangerous or potentially dangerous, he shall also give to the owner a statement in writing listing the remedial requirements contained in section 6-1 herein which must be followed to minimize the risk to persons on adjoining property or the community at large. Such remedial requirements must be followed even if the determination is appealed to municipal court as provided herein; however, in the event of such appeal, the animal control officer may modify the list of remedial measures to be followed pending the final determination by the municipal court. (e) No animal may be declared dangerous or potentially dangerous if the aggressive behavior was directed at a person who at the time: (1) Was committing a willful trespass or tort upon the premises occupied by the owner of the animal; or (2) Was teasing, tormenting, abusing or assaulting the animal or has in the past been observed or reported to have teased, tormented, abused or assaulted the animal; or (3) Was committing or was attempting to commit a crime. (fj The failure of the animal control officer to declare an animal to be dangerous or potentially dangerous under this Chapter shall not alleviate an owner from the duties, responsibilities and liabilities imposed by this Chapter or other applicable law, if such animal actually constitutes a dangerous or potentially dangerous animal as defined in this Chapter or other applicable law Sections 6-190--6-210. Reserved. SECTION 3. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are indirect 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. ORDINANCE AMENDING DANGEROUS ANIMAL REGULATIONS INCLUDING ANIMAL-ON-ANIMAL VIOLENCE Page 4 W:\Richland Hills\OrdinancelDangerous Anima1.8.1.07.finaLwpd • PROVISIONS SEVERABLE 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. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated 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 6. PUBLICATION • The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 7. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. PENALTY FOR VIOLATION 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 no more than Five Hundred Dollars and no cents ($500.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. • ORDINANCE AMENDING DANGEROUS ANIMAL REGULATIONS INCLUDING ANIMAL-ON-ANIMAL VIOLENCE Page 5 W:\Richland Hilis\Ordinance\Dangerous Anima1.8.1.07.final.wpd EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS ~ DAY OF , 200$. r! ~ r E ONORABLE DAVID . RAGAN, MAYOR ATTEST: • ~~~~~~i u u u ui~iiii~~ IND CANTU, CITY SECRETARY ;.~~~C ~ ~ ~ ,~~h; Q m= EFFECTIVE DATE: O ~ 5 APPROVED T FO AND EGALITY: ' i~~~qn n n n m~~~~ J TIM G. SRALLA, CITY ATTORNEY . ORDINANCE AMENDING DANGEROUS ANIMAL REGULATIONS INCLUDING ANIMAL-ON-ANIMAL VIOLENCE Page 6 W:\Richland Hills\Ordinance\Dangerous Anima1.8.1.07.final.wpd