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Home My Public Portal AboutOrdinance No. 1119-08 07-08-2008 1119-08 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 6-1 AND 6-80 OF CHAPTER 6, ENTITLED "ANIMALS", OF THE RICHLAND HILLS CITY CODE, TO AMEND EXISTING DEFINITIONS AND ADD NEW DEFINITIONS TO ESTABLISH NEW REQUIREMENTS AND REGULATIONS REGARDING TETHERING OF 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 of the City of Richland Hills has previously enacted various regulations regarding the care, custody, and control of animals, which regulations are contained in Chapter 6 of the City Code; and WHEREAS, the City Council now desires to amend those regulations to provide more specific regulations controlling the tethering of animals, to protect the health, safety and welfare of the public and enhance the welfare of affected animals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION L AMENDED DEFINITION OF "ANIMAL AT LARGE" Section 1 of Article I of Chapter 6 of the Richland Hills City Code is hereby amended by the amendment of the following definition: Animal at large means: (1) Any animal off the premises of the owner which is not physically and continuously restrained by a person by means of a collar or harness and a leash sufficient to prevent the animal from making unsolicited contact with any other person or any other animal; or (2} Any animal on the premises of the owner not completely confined by a building, wall or fence of sufficient height, strength or construction to restrain the animal, or secured by a tether so arranged that even when the tether is stretched to its full length, it is sufficient to do all of the following: (a) prevent the animal from leaving the owner's premises, (b) prevent the animal from coming closer than ten (10) feet from any public sidewalk, street, or other right-of--way, and (c) prevent the animal from making unsolicited contact with any person or any other animal. Section 1 of Article I of Chapter 6 of the Richland Hills City Code shall remain unchanged in all respects except as otherwise provided in this Ordinance. SECTION 2. ADDITIONAL DEFINITION REGARDING TETHERING OF ANIMALS Section 1 of Article I of Chapter 6 of the Richland Hills City Code is hereby amended by the addition of the following definitions: Collar means any collar constructed of nylon, leather, or similar material, specifically designed to be used for the type of animal upon which the collar is placed, and of an adequate size, design and construction as appropriate for the animal's species, size and weight. Direct Physical Control means within the owner's observation and in such close proximity as to permit the owner reasonable opportunity to control the animal, should it become necessary to do so in order to protect the animal, a human or other animal from harm. Extreme weather condition means any weather condition in which: (1) The actual or effective outdoor temperature is below 32 degrees Fahrenheit; or (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. Harness means a harness constructed of nylon, leather, or similar material, specifically designed to be used for the type of animal upon which the harness is placed, and of an adequate size, design and construction as appropriate for the animal's species, size and weight. Leash means a strap constructed of nylon, leather, metal chain, metal cable, or similar material, of an adequate size, design and construction as appropriate for the species, size and weight of the animal to be restrained. Properly Fitted with respect to a collar or other neck restraint means one that measures the circumference of an animal's neck plus at least one inch, and with respect to a harness means one that is of an adequate size, design and construction as appropriate for the animal's species, size and weight. Tether means a chain, rope, leash, cable, or other device attaching an animal to the ground, a stationary object or structure, or a running line, pulley, or trolley system, so that the animal can be restrained while unattended, regardless of whether the animal is actually unattended while tethered. Section 1 of Article I of Chapter 6 of the Richland Hills City Code shall remain unchanged in all ORDINANCE AMENDING REGULATIONS REGARDING TETHERING OF ANIMALS Page 2 respects except as otherwise provided in this Ordinance. SECTION 3. AMENDMENT OF SECTION 6-80 TO REVISE REGULATIONS REGARDING TETHERING OF ANIMALS Section 6-80 of Article III of Chapter 6 of the Richland Hills City Code is hereby amended to provide as follows: Section 6-80. Tethering of animals. (a) No person shall tether an unattended animal by any means on any public property such as city parks or utility easements, or private property accessible to the public, such as undeveloped lots or unfenced yards, or any other plot or tract where the public has unrestricted access. (b) No person shall tether an animal without providing unrestricted, continuous access to shade and water. (c) No person shall tether an animal for more than three (3) hours without providing unrestricted, continuous access to a wind and moisture proof shelter. (d) No person shall tether an animal in such a way that the tethering device can become tangled around trees, poles or other obstacles and prevent the access to shade, water or shelter. (e) No person shall leave an animal outside and unattended by use of a tether that unreasonably limits the animal's movement: (1) between the hours of 10 p.m. and 6 a.m.; (2) within 500 feet of the premises of a school; or (3) in the case of extreme weather conditions. (f) A tether unreasonably limits an animal's movements if the tether: (1) uses a collar that is a pinch-type, prong-type, or choke-type or that is not properly fitted to the animal; (2) is a length shorter than the greater of (A) five times the length of the animal's nose to the base of the animal's tail, or (B) ten (10) feet. (3) is in an unsafe condition; or (4) causes an injury to the animal. ORDINANCE AMENDING REGULATIONS REGARDING TETHERING OF ANIMALS Page 3 (g) Subsection (e) of this Section shall not apply to: (1) an animal tethered to a running line, pulley, or trolley system and that is not tethered to the running line, pulley, or trolley system by a means of a pinch-type, prong-type, choke-type, or improperly fitted collar. (2) an animal tethered for a reasonable period, not to exceed three (3) hours in a twenty- four (24) hour period, and no longer than is necessary for the owner to complete a temporary task that requires the animal to be tethered; (3) an animal tethered 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 and requires the use or presence of the animal; (4) an animal tethered while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or (5) an animal tethered while the owner is engaged in conduct related to the business of cultivating agricultural products, if the use of the tether is reasonably necessary for the safety of the animal. SECTION 4. 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 5. 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. ORDINANCE AMENDING REGULATIONS REGARDING TETHERING OF ANIMALS Page 4 SECTION 6. 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 7. 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 8. 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 9. 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 ofthe provisions ofthis Ordinance shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10, 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. ORDINANCE AMENDING REGULATIONS REGARDING TETHERING OF ANIMALS Page 5 PASSED AND APPROVED ON THIS AY OF , 2008. ~ - ~ ' HONORABLE DAVI L. RAGA ,MAYOR ATTEST: INDA CANTU, CITY SECRETARY • • • • • • • y,`~~%~i 4 ~ 'macc; EFFECTIVE DATE: ~ O r~ ~ . y APPROVE AS F AND LEGALITY: ~~'~~~nnnnmt"```~ TIM G. SRALLA, CITY ATTORNEY W:\Richland Hills\OrdinancelTethered Dog ordinance.tgs.6.30.08.wpd ORDINANCE AMENDING REGULATIONS REGARDING TETHERING OF ANIMALS Page 6