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HomeMy Public PortalAboutOrdinance No. 1300-15 10-06-2015CITY OF RICHLAND HILLS ORDINANCE NO. 1300-15 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING CHAPTER 6, ANIMALS, ARTICLE I, IN GENERAL, SECTION 6-1, DEFINITIONS, BY PROVIDING A DEFINITION OF "DANGEROUS ANIMAL"; RENAMING AND AMENDING DIVISION 4, DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS, OF ARTICLE IV, DOGS AND CATS, TO "DANGEROUS ANIMALS"; PROVIDING FOR THE REGULATION OF DANGEROUS ANIMALS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 finds that the current ordinance regulating dangerous animals should be amended, clarified, and strengthened; and WHEREAS, Chapter 822 of the Texas Health and Safety Code provides for the regulation of dangerous dogs and dogs that cause the death or serious bodily injury to a person; and WHEREAS, Chapter 822 allows municipalities to place additional and more stringent requirements on dangerous dogs, provided such requirements on dangerous dogs are not breed specific; and WHEREAS, the City Council finds that strengthened regulations addressing all dangerous animals, including dangerous dogs, are in the best interest of the health, safety and welfare of the citizens of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The Code of Ordinances of the City of Richland Hills is amended by amending the definition of "dangerous animal" found in Chapter 6, Animals, Article I, In General, Section 6-1, Definitions, to read 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." SECTION 2. Section 6-2, Remedial Requirements, of Article I, In General, of Chapter 6, Animals, of the Code of Ordinances of the City of Richland Hills is amended to read as follows: "Sec. 6-2. Remedial requirements. (a) Where the municipal court or the animal control officer finds that a person has owned, kept or harbored an animal in violation of this chapter, the court or animal control officer may place certain remedial requirements upon such person. (b) The remedial requirements may include one or more of the following items: (1) Leash and muzzle. The animal control officer or the court may require that the owner shall not permit the animal to go outside the kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length which is in the physical control of at least one person with sufficient strength and dexterity to control the animal. Such animal may not be leashed to an inanimate object such as a tree, post or building. Additionally, such animal must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals. (2) Confinement outdoors. The animal control officer or the court may require that the animal shall be securely confined in an enclosed and locked pen or kennel, except when on a leash and muzzled or when confined indoors. Such pen or kennel must have secure sides and a secure top attached, or have sides that measure at least eight feet from the ground. The structure must be locked with a key or combination lock if a dangerous animal is within the structure. The structure must have a secure bottom or floor attached to the sides of the structure or the sides of the structure must be embedded in the ground no less than two feet. All erected structures must comply with all zoning and building regulations. Such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. Page 2 (3) Relocation of confinement area. The animal control officer or the court may require that the owner relocate on their property the confinement area in which the animal is kept so that the animal does not annoy, disturb, or in some other manner offend the neighbors. (4) Confinement indoors. The animal control officer or the court may require that the animal may not be kept on a porch, patio, or in any part of the house or other structure that will allow the animal to exit such building or structure on its own volition. In addition, no such animal may be kept in a house or structure when the windows or screen doors are the only obstacle preventing the animal from exiting the structure. (5) Training. Only the court may require that the person and animal engage in training necessary to eliminate the problem. The court may designate a specific training program to be followed or utilized. (6) Removal from the city. Only the court may require the animal be removed from the city. (7) Removal of animal from owner's custody. Only the court may require the person to sell, give away, or otherwise humanely dispose of the animal at issue in the hearing. (8) Spay or neuter. Only the court may require that an animal which is being returned to an owner or which an owner is being allowed to keep within the city be spayed or neutered. (9) Destruction. Only the court may order that an animal shall be humanely destroyed, exception that the court may not order the destruction of a dog during the pendency of an appeal. (10) Modification of fencing. The fencing must be modified, to the extent deemed necessary by the animal control officer or the court, to prevent the animal from escaping or causing injury to a person. Such modifications may include, but are not limited to, extending the height of the fence to prevent escape or access to neighboring property by jumping or climbing, securing or burying the bottom of the fence to prevent escape or access to adjoining property by digging, or a requirement that specified fencing material be used to prevent the animal from tearing down or destroying the fencing or inflicting injury through it. (c) In requiring that remedial requirements be followed, the court or animal control officer shall also state a time frame within which the owner must comply with the required action. For good cause, the time period to comply may be extended by the court or animal control officer." Page 3 SECTION 3. Division 4, Dangerous Animals, of Article IV, Dogs and Cats, of Chapter 6, Animals, of the Code of Ordinances of the City of Richland Hills is amended to read as follows: "DIVISION 4. DANGEROUS ANIMALS Sec. 6-186. Requirements for dangerous animals. In addition to other requirements found in this chapter, the owner of an animal declared to be dangerous shall: (1) Register the dangerous animal with the animal control department. (2) Restrain the animal at all times on a leash in the immediate control of a person or in a secure enclosure as defined in section 6-1. (3) Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or another animal and provide proof of the required liability insurance coverage or financial responsibility to the animal control department. (4) Place on the animal 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. (5) Muzzle the animal at all times the animal is not in a secure enclosure. (6) Comply with any of the remedial requirements described in section 6-2 that are also imposed. (7) Pay the appropriate fee from the fee schedule in Appendix A to the Code of Ordinances. Sec. 6-187. Destruction of dangerous animals at large. Any animal wearing a dangerous animal collar or tag found at large maybe destroyed by any animal control officer or any peace officer in the interest of public safety if the animal presents an immediate danger to any person. Sec. 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 Page 4 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. Sec. 6-189. Animals declared dangerous. (a) If the animal control officer determines that an animal fits the definition of a "dangerous animal" as contained in section 6-1, the animal control officer may declare the animal to be dangerous, and shall notify the owner in writing of the determination. (b) The owner of an animal declared by the animal control officer to be dangerous may appeal such determination to the Richland Hills Municipal Court. In order to file an appeal under this section, within fifteen (15) days after the animal control officer's determination, the owner must: (1) file a notice of appeal of the animal control authority's dangerous dog determination with the court; (2) Attach a copy of the determination from the animal control authority; and (3) Serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service. (c) The municipal court shall set such matter for hearing pursuant to Section 6-190. At the conclusion of said hearing, the municipal court shall make a determination whether the animal is a dangerous animal. (c) If the court determines that the animal is a dangerous animal as defined in section 6-I, the court may order the owner to: (1) Comply with any of the remedial requirements described in section 6-2. (2) Comply with the requirements of section 6-186. (d) The owner of an animal determined to be dangerous at the hearing may appeal in the manner described by Texas Health and Safety Code Section 822.0424. (e) When the animal control officer declares an animal to be dangerous, he shall also give to the owner a statement in writing listing the remedial requirements contained in section 6- 2 which must be followed to minimize the risk to persons on adjoining property or the community at large. In the event of an appeal of the animal control officer's determination that Page 5 the animal is dangerous as defined in section 6-1, the owner of the animal shall not be required to comply with Section 6-186 pending the final determination by the court in which the appeal is pending. The remedial requirements imposed by the animal control officer 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. (f) No animal maybe declared 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. (g) The failure of the animal control officer to declare an animal to be 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 animal as defined in this chapter or other applicable law. Sec. 6-190. Hearing. (a) The court shall set a time for a hearing to determine whether the animal is a dangerous animal or whether the owner of the animal has complied with Section 6-186 or an order issued pursuant to Section 6-189. The hearing must be held not later than the tenth day after the date on which the animal is seized or delivered. (b) The court shall give written notice of the time and place of the hearing to: (1) The owner of the animal or the person from whom the animal was seized; and (2) The person who made the report if applicable. (b) Any interested party, including the city attorney, may present evidence at the hearing. (c) The owner of an animal or the person making the report, if applicable, may appeal the decision of the court in the manner provided by Texas Health and Safety Code Section 822.0424. (d) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. Page 6 Sec. 6-191. Violations. (a) A person commits an offense if the person is the owner of an animal and the person, with criminal negligence, fails to secure the animal and the animal makes an unprovoked attack that causes bodily injury or death to a person or other animal at a location other than the owner's real property or in or on the owner's motor vehicle or boat. (b) A person commits an offense if the person is the owner if an animal determined to be dangerous and the owner fails to comply with the requirements imposed pursuant to Section 6-186 or an order issued by the court pursuant to Section 6-189(3). (c) An offense under this section is a class C misdemeanor. (d) If a person is found guilty of an offense under this section, the Judge of the Municipal Court may order the attacking animal destroyed, unless an appeal of the dangerous dog determination is pending, and the Judge may order the defendant to pay restitution pursuant to Article 42.037 of the Code of Criminal Procedure. (e) It is a defense to prosecution under this section that: (1) The person charged is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the animal in connection with that position. (2) The person charged is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. (3) The person charged is a dog trainer or an employee of a guard dog company under Texas Occupations Code, chapter 1702 and he or she trains or uses dogs in connection with that position." SECTION 4. That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such other Ordinances on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. Page 7 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. SECTION 6. That all rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the Ordinance governing Dangerous Animals 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. That it is hereby declared to be the intention of the City Council of the City of Richland Hills 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 should 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, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 8. The City Secretary of the City of Richland Hills 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. That this Ordinance shall be in full force and effect from and after its date of passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON THIS 6TH DAY OF OCTOBER, 2015. \\\~UIIIhI I I I ul~r~ii~~i ~ \\,,,•,G~~,N1N D ~y,~t,,, O B L AGAN MAYOR ~~ ~ ~ -. y. ~+~_ ts~ :~ I I Page 8 ATTEST: ~L~. /' CATHY BO G, CITY SEC RY EFFECTIVE: / (~ -) 2 -) APPROVED AS TO FORM AND LEGALITY: BETSY ELAM, CIT~I' ATTORNEY Page 9