City CouncilApril 3, 2012

Animal ServicesHistory:• Spoke with Sylvia Martinez regarding door knocker left

on her door (Chain Violation) 1/30/12• Dog on 12’ chain per complainant

a. afraid dog will leave its primary enclosure and potentially bite someone (jumps over fence or walk through open gates)

b. Safety of Dog (rocks thrown at it and dog runs into dog house)

Animal ServicesHistory:• Suggestions/Options given during phone conversation:

a. Move dog house away from fenceb. Place locks on gatesc. Supply a secondary kennel inside fenced

primary enclosure (with dog house inside) and top with a cover to keep dog from jumping out.

d. Advised could not grant waiver on an ordinance• Ms. Martinez asking Council for exception from

ordinance

Animal Services – Current OrdinanceSection 3.2002 Chaining of Dogs Prohibited as

Primary Enclosure (Adopted 3/17/09)(a) Unlawful to chain or tether as its primary enclosure for longer

than 2 hours cumulative in a 24-hr. period(b) Person given 15 days to comply

Exceptions:(1) Dog must be restrained by a leash while being walked outside

of a fenced or enclosed area(2) Dog may be restrained by chain or tether at a camping or

recreational area

Animal Services – State StatuteChapter 821, Subchapter D: Unlawful Restraint of

Dog (Texas Health and Safety Code)(a) An owner may not leave a dog outside and

unattended by use of a restraint that unreasonably limits the dog’s movement• between 10 p.m. – 6 a.m.• within 500’ of the premises of a school• in the case of extreme weather conditions

(below 32, heat advisory issued locally, storm or tornado warnings)

Animal Services – State StatuteChapter 821, Subchapter D: Unlawful Restraint of

Dog (Texas Health and Safety Code)(b) A restraint unreasonably limits a dog’s movement

if the restraint:(b) Uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog(c) Is a length shorter than 10 feet or five times the length of the dog(d) Is in an unsafe condition, or(e) Causes injury to the dog

Animal Services – State StatuteExceptions:(a)Dog restrained to a running line, pulley, or trolley

system and that is not restrained to the system by a pinch-type, prong-type, or choke-type or improperly fitted collar

(b)Restrained in a camping or recreational area(c)Not to exceed 3 hours in a 24hr period for owner to

complete a temporary task requiring dog to be restrained

Animal Services – State StatuteExceptions:(d) Restrained while owner engaged in activity pursuant

to license issued by the state if the activity for which the license is issued is associated with the use or presence of a dog

(e) Restrained while owner engaged in shepherding or herding

(f) Restrained for safety reasons if owner engaged in conduct related to cultivating agricultural products

Animal Services – State StatutePenalty for State Statute violation:Class C Offense/misdemeanor if owner does not come

into compliance within 24 hours of the time the owner is provided the statement.

Class B misdemeanor with prior convictions to this subchapter.

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Animal ServicesCompliance Options Under Current Ordinance:(a) Move Doghouse to prevent dog jumping up onto dog house

and jumping over the fence,(b) Supply covered Kennel large enough for dog house/shelter as

a secondary enclosure,(c) Supply locks on gates to keep kids and others passersby from

opening gates and letting dog out, or(d) Enforce current ordinance as is.Ordinance Amendment Option:(e) Amend current ordinance to allow run line, pulley or trolley

system with a minimum line of 10 feet or 5 times, dependent on the length of the dog.