2022-002 - Amending Paris Code of Ordinances Chapter 3 Section 3.01.006 Tethering of Dogs

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ORDINANCE NO. 2022-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING CHAPTER 3 SECTION 3.01.006, "TETHERING OF DOGS;" PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Senate Bill 5 (SB -5) was introduced in the Texas Legislature's third special session in October 2021 and replaces the current Unlawful Restraint of a Dog Statute with a more humane standard of care; and WHEREAS, on January 18, 2022, SB -5 goes into effect and notably bans the use of heavy chains to restrain a dog; requires adequate shelter from rain, hail, sleet, snow, high winds, and extreme high and low temperatures; mandates that restraints must be properly sized, without weights, and allow for proper breathing; and provides that a restrained dog must also have 10 feet of space for movement, or five times the length of the dog from nose to the base of the tail. WHEREAS, SB -5 is codified under Chapter 821 of the Texas Health and Safety Code, Subchapter (E) Entitled "Unlawful Restraint of Dog" and supersedes current language under Paris City Ordinance 3-01-006 "Tethering of Dogs"; and WHEREAS, the City council of the City of Paris desires to bring 3.01.006 of the Code of Ordinance into conformance with the new requirements set for the in Senate Bill 5; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Code of Ordinances 03.01.006 shall be amended to read in its entirety as set forth herein in Exhibit A, attached hereto and incorporated herein as if set forth in full. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. 1