17 - Amend Chapter 3 Section 3.01.006 Tethering of Dogs

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Item No. 17 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Richard Salter, Police Chief SUBJECT: Amend City Ordinance 3.01.006 (by reference) incorporating Chapter 821 of the Texas Health and Safety Code, Subchapter (E) Entitled "Unlawful Restraint of Dog" DATE: January 10, 2022 BACKGROUND: Senate Bill 5 (SB -5) was introduced in the Texas Legislature's third. special session in October 2021, by Texas State Senator Eddie Lucio Jr. and. represents the latest effort to update state canine - restraint laws that involve the prosecution of certain animal cruelty and neglect cases. Advocates of the Bill laud the effectiveness of the long-standing authority of.cities to pass and enforce ordinances to protect dogs against harmfiil methods of restraint, which can include the use of heavy chains, the lack of access to potable water, the lack: of shelter from extreme weather, and the inability to reasonably move about and lie down.. SB 5 replaces the current Unlawful Restraint of a Dog Statute with a more humane standard of care as we].] as an enforcement mechanism for Police and Animal Control Officers. This bill provides for the enforcement of problems onsite, at the time of the report. The current law states dog owners must be given 24 hours -notice to correct the sometimes inhumane treatment of animals, essentially giving little to no ability to penalize those who fail to provide dogs with adequate shelter STATUS OF ISSUE: On 10-25-2021, Governor Abbott signed SB -5 into law. On January 18, 2022, SB -5 goes into effect and notably dans the use of heavy chains to restrain a dog, and it requires adequate shelter from rain, hail, sleet, snow, high winds, and extreme high and low, temperatures. Additionally. restraints trust be properly sized, without weights., and allow for proper breathing. A restrained dog must also have 10 feet of space for movement, or five times the length of the dol; from nose to the base of the tail.