HomeMy WebLinkAbout2.e. Amend Animal Control OrdinanceCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR DISCUSSION
COMMITTEE OF THE WHOLE MEETING DATE: October 15, 2003
AGENDA ITEM: Amendment Animal Control Ordinanc
AGENDA NO.
PREPARED BY: Gary Kalstabakken, Chief of Police
-ITEM iry Z to
ATTACHMENTS: Fort Worth, TX Council Packet Summary,
Selected Sections of Fort Worth Animal Control Ordinance,
Sections of Rosemount Ordinance, State Statute 347.50 and 347.52
City staff is finalizing the amendments to the Animal Control ordinance for presentation at a Council Meeting
in the near future. In August, a resident requested that the Council consider prohibitions on electronic fences as
an acceptable means to restrain dogs. The resident specifically referred to an ordinance adopted by the City of
Fort Worth, TX. Applicable sections of that ordinance and information provided to the Fort Worth City
Council are attached for your review. The Fort Worth ordinance is very restrictive compared to Rosemount's
ordinance — not just pertaining to electronic fences, but the requirements of restraining a dog in general. Staff
would like Council direction on this issue as the ordinance is put into final form.
Also, with the recent media attention on wild animals as pets, i.e. alligators, tigers, etc., staff wants to verify the
previous direction given by Council to include an amnesty period for prohibited animals currently residing in
Rosemount to be registered and allowed.
RECOMMENDED ACTION: Discussion item.
City of Fort Worth, Texas
qVinvor And Council Communication
DATE REFERENCE NUMBER r G NAME P8/8/02 G- 1369.2 50DOG 1 of 1
SUBJECT ADOPTION OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE
CITY OF FORT WORTH CLARIFYING THE PROPER RESTRAINT OF DOGS
RECOMMENDATION
It is recommended that the City Council approve the attached amendment to Chapter 6 of the Code of
the City of Fort Worth to clarify the proper restraint of dogs by prohibiting invisible or electronic fences
as secure enclosures, and prohibiting the tying of a dog by leash, tether, or chain without a secure
enclosure.
DISCUSSION
The City requires dogs to be under restraint at all times to ensure the safety 'of the public and their
animals. Invisible or electronic fences operate on batteries, collars, buried cables or electronic systems
that may fail to operate at any given moment. Staff has researched these devices and did not find them
to be sufficient barriers to meet the criteria for a secure enclosure. The proposed amendment
strengthens the definition of secure enclosure and excludes invisible and electronic fences.
The amendment also addresses the problem of dogs being left unattended on a leash, tether br chain
in a yard. The ordinance would prohibit such conduct unless the animal is surrounded by a secure
enclosure, as the definition is amended. Unattended leashes, tethers and chains may break or become
tangled thereby placing the animal and the public at risk. There have been many instances where dogs
have broken their chains and chased cars and threatened pedestrians and other animals. This
requirement would help protect approaching unsuspecting individuals, especially young children, within
the range of a tied dog and prevent the entry of other animals onto the property.
Staff and the Animal Shelter Advisory Committee is recommending revision of the animal control
ordinances to strengthen the definition for the restraint of dogs. This revision is necessary to ensure
the safety of Fort Worth residents.
FISCAL INFORMATION /CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
LW:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: I (to
Libby Watson 6183
Originating Deuartment Head:
Daniel Reimer 7201 1 (from)
ormation Contact:
James Agyemang 3743
age LivePublish
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ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, nonpoisonous reptiles, or nonpoisonous snakes.
public nuisance: Whatever is declared by the city health officer to be dangerous to human life, health or welfare, or to
threaten to become detrimental to the public health or welfare.
Quarantine: To take into custody and place in confinement as defined in this chapter isolated from human beings and
other animals in such a way as to preclude the possibility of disease transmission. The quarantine period for a dog, cat, or
a domestic ferret in rabies quarantine is ten (10) days from the date of the bite, scratch or other exposure, or as
recommended by the regional veterinarian from the Texas Department of Health.
Rabies: An acute viral disease of man and animal affecting the central nervous system an sually tran m'tted by an
animal bite.
r
_ Releasing agency. Animal care and control center, animal sh Iter, or non rofit or anization en a ed ih C
P 9 g g anng fora mals.
Replacement license: A license issued to the new owner of a dog or cat which was currently licensed with the city at the
time of the transfer of the ownership of the animal. A replacement license shall be valid only through the expiration date of
the oriainal license.
Restraint: An animal is under restraint under the following conditions:
(1) It is securely enclosed or confined to its owner's yard by a physical fence in a manner that will isolate the
animal from the public and from other animals except for animals owned or under the control of the owner; or
(2) It is accompanied by its owner or trainer at a bona fide dog show, field trial or exhibition; or
(3) It is secured by a leash of at least five (5) and not more than ten (10) feet in length and of sufficient strength
to control the animal while the animal is being walked; or
(4) A specially trained dog that is used by a blind or deaf individual to aid him /her within the city; or
(5) A guard dog in the performance of duty in an enclosed building or securely fenced and locked area which is
marked on all sides with signs in four -inch letters stating "guard dog" and clearly visible to the public; or
(6) A dog in a place of public assembly and effectively and securely muzzled in order to prevent the dog from
biting.
A cat on the boundaries of the premises of the person who has charge, care or ownership of the cat.
A fowl of e ei orme.
Sanitary: Any condition of good order and cleanliness which discourages and limits disease transmission.
Secure enclosure: A fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to
prevent the entry of young children, and suitable to confine a dangerous animal in conjunction with other measures which
may be taken by the owner. Such enclosure shall be securely enclosed and locked and designed with secure sides, top
and bottom and shall be designed to prevent the animal(s) from escaping from the enclosure. The enclosure shall be
posted with signs on all sides in four -inch letters warning of the presence of a dangerous animal and shall include a
symbol o f a dangerous animal understandable by young children.
Securely enclosed or confined:
(1) Means an area that is completely surrounded by a substantial fence or enclosure of sufficient strength,
height, construction, materials, and design as to prevent any animal from escaping from the area and in manner
that will isolate the animal from the public and other animals except for animals owned or under the control of the
owner.
(2) Securely enclosed or confined does not mean enclosure or confinement by an invisible or electronic fence
(3) Such fence or enclosure shall comply with the appropriate zoning regulations in Article 3, section 5.304 of
this Code.
Serious bodily injury: An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would
cause a reasonable prudent person to seek treatment from a medical professional and would require hospitalization
without regard to whether the person actually sought medical treatment.
Sporting dog: A dog which is used for recreational purposes in the hunting and /or tracking of game
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Sec. 6 -13. Restraint of animals.
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(a, It shall be unlawful for an owner or person in control of an animal to fail to keep the animal under restraint in a
securely enclosed or confined area and in a manner that will isolate the animal from the public and other animals except
for animals owned or under the control of the owner.
(b) It shall be unlawful for an owner to fail or refuse to exercise diligent care and control of his or her animal to prevent
such animal from becoming a public nuisance.
(c) It shall be unlawful for a person having charge, care, -or ownership of a cat to fail to keep the cat from roaming
beyond the boundaries of the person's premises.
(d) It shall be unlawful for an owner or person in control of a dog or puppy to restrain the dog or puppy by leash, tethe
or chain unattended in the yard of a residence or business unless the area is securely enclosed or confined as defined i
section 6 -1.
(Ord. No. 10553, § 1, 3- 27 -90; Ord. No. 12495, § 1, 3- 13 -96; Ord. No. 12620, § 1, 8- 13 -96; Ord. No. 15178, § 3, 8 -8 -02)
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7 -4A -1: VV% # 7 -4A -1:
such keeping shall be deemed to be a "kennel ". Residential Kennels may
not have more than five (5) dogs, cats, or ferrets in combination.
Residential Kennels are allowed in all areas zoned residential or
RESTRAINT A dog, cat, or ferret is said to be under "restraint" if it is controlled by
a leash; if it is under voice or signal command of a competent person,
providing that the dog, cat or ferret will obey such voice or signal
commands; it is within the limits of the owner's property; or while it is
confined within a vehicle being driven or parked in the street. A dog, cat,
or ferret is considered to be under restraint on a right of way, park or
public property only when it is controlled with the use of a leash no longer
than six feet (6') or when it is under voice or signal command in the
exercise areas designated by the city. Retractable leashes'may be used but
must be kept to a length of six feet (6)' or less when in the vicinity of any
other person or animal. Registered Dangerous Dogs and Dangerous
Animals must be restrained as required by other sections of this ordinance.
RIGHT OF WAY:
"Right of Way" shall mean a street, alley, sidewalk, path or easement
permanently established for the passage of persons and vehicles including
the traveled surface of lands adjacent that are formally dedicated to such
usage.
SERVICE ANIMAL
"Service Animal" shall mean any medically prescribed animal trained,
and certified, to assist a person with a disability. This definition also
applies to medically prescribed therapy animals.
SUBSTANTIAL BODILY HARM
"Substantial Bodily Harm" shall mean bodily injury that involves a
temporary but substantial disfigurement, or a temporary but substantial
loss or impairment of the function of any bodily member or organ, or a
fracture of any bodily member to a service animal or a pet or companion
animal.
USE PERMITTED BY RIGHT:
"Use Permitted by Right" shall mean a use which is unconditionally
permitted in the district under which it is listed.
YARD OR SETBACK
"Yard or Setback" shall mean a required open space on a lot, which is
unoccupied and unobstructed from the ground upward, except as
otherwise provided for herein. The measurement of a yard shall be
C 6e, V^o % A
B. Application, Kennel, or Dangerous Dog Registration: The application for a
kennel, or dangerous dog registration shall state the name and address of the
owner of said kennel or dangerous dog, the location where the kennel or
dangerous dog is to be kept and the number of dogs, cats, or ferrets proposed to be
kept.
C. Transfer, Kennel or Dangerous Dog Registration: The kennel and dangerous
dog registration are not transferable except on application of both the old and new
owners and the payment of the sum set by Council resolution, ordinance, or .
Minnesota State Statute, whichever may be applicable, to the City Clerk or Police
Department as applicable. Each kennel or dangerous dog registration shall be
posted conspicuously on the premises where said kennel or dangerous dog is kept.
D. Notification Required: The following registrations shall require notification of
all contiguous residential property owners prior to issuance of registration. The
notification shall be made by mail by designated staff.
1. Residential kennel
2. City dangerous dog registration
3. City dangerous animal registration
E. Issuance, suspension, or contestation:
1. The Police Department will issue the registration if all requirements are met,
or;
2. If the application is missing any required documentation, or any necessary
staff approvals or recommendations are missing or incomplete the application
will be suspended until all required or missing items are supplied.
3. If there are written protests from surrounding property owners or staff the
application and documentation will be forwarded to the City Council, which
7 -4B -3: RESTRAINT OF ANIMALS REQUIRED: All owners or persons in
custody or control of an animal shall keep his or her animal under restraint
as defined in 7 -4A -1: or as required by any other section of these
�f
- - - -- - - __ ordinances, at all times.
A. In the case of dogs declared Dangerous under the criteria of Minnesota Statute,
Section 347.50, the requirements of Minnesota Statute, Section 347.52, regarding
restraint, muzzling, and confinement shall also apply.
Auv11v1A1; J Ats; DOLL AND MICROCHIPPING
REQUIREMENTS:
A. Upon complying with the provisions of Section 7 -413-1, or any other sections
governing registration of animals tllPrP el,ali . _ ..L - -
Minnesota Statutes 2002, 347.50
Minnesota Statutes 2002, Table of Chapters
Table of contents for Chapter 347
347.50 Definitions.
Subdivision 1. Terms. For the purpose of sections
347.50 to 347.56 the terms defined in this section have the
meanings given them.
Subd. 2. Dangerous dog. "Dangerous dog" means any
dog that has:
(1) without provocation, inflicted substantial bodily harm
on a human being on public or private property;
(2) killed a domestic animal without provocation while off
the owner's property; or
(3) been found to be potentially dangerous, and after the
owner has notice that the dog is potentially dangerous, the dog
aggressively bites, attacks, or endangers the safety of humans
or domestic animals.
Subd. 3. Potentially dangerous dog. "Potentially
dangerous dog" means any dog that:
(1) when unprovoked, inflicts bites on a human or domestic
animal on public or private property;
(2) when unprovoked, chases or approaches a person,
including a person on a bicycle, upon the streets, sidewalks, or
any public or private property, other than the dog owner's
property, in an apparent attitude of attack; or
(3) has a known propensity, tendency, or disposition to
attack unprovoked, causing injury or otherwise threatening'the
safety of humans or domestic animals.
Subd. 4. Proper enclosure. "Proper enclosure" means
securely confined indoors or in a securely enclosed and locked
pen or structure suitable to prevent the animal from escaping
and providing protection from the elements for the dog. A
proper enclosure does not include a porch, patio, or any part of
a house, garage, or other structure that would allow the dog to
exit of its own volition, or any house or structure in which
windows are open or in which door or window screens are the only
obstacles that prevent the dog from exiting.
Subd. 5. wner. wner means any person, firm,
corporation, organization, or department possessing, harboring,
keeping, having an interest in, or having care, custody, or
control of a dog.
Subd. 6. Substantial bodily harm. "Substantial
bodily harm" has the meaning given it under section 609.02
subdivision 7a.
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Minnesota Statutes 2002, 347.52
Minnesota Statutes 2002, Table of Chapters
Table of contents for Chapter 347
(a) An owner of a dangerous dog shall keep the dog, while
on the owner's property, in a proper enclosure. If the dog is
outside the proper enclosure, the dog must be muzzled and
restrained by a substantial chain or leash and under the
physical restraint of a responsible person. The muzzle must be
made in a manner that will prevent the dog from biting any
person or animal but that will not cause injury to the dog or
interfere with its vision or respiration.
(b) An owner of a dangerous dog must renew the registration
of the dog annually until the dog is deceased. If the dog is
removed from the jurisdiction, it must be registered as a
dangerous dog in its new jurisdiction.
(c) An owner of a dangerous dog must notify the animal
control authority in writing of the death of the dog or its
transfer to a new jurisdiction within 30 days of the death or
transfer, and must, if requested by the animal control
authority, execute an affidavit under oath setting forth either
the circumstances of the dog's death and disposition or the
complete name, address, and telephone number of the person to,
whom the dog has been transferred.
(d) An animal control authority may require a dangerous dog
to be sterilized at the owner's expense. If the owner does not
have the animal sterilized, the animal control authority may
have the animal sterilized at the owner's expense.
(e) A person who owns a dangerous dog and who rents
property from another where the dog will reside must disclose to
the property owner prior to entering the lease agreement and at
the time of any lease renewal that the person owns a dangerous
dog that will reside at the property.
(f) A person who sells a dangerous dog must notify the
purchaser that the animal control authority has identified the
dog as dangerous. The seller must also notify the animal
control authority in writing of the sale and provide the animal
control authority with the new owner's name, address, and
telephone number.
HIST: 1988 c 711 s 3; 1Sp200l c 8 art 8 s 20
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
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