Loading...
17 - Amend Chapter 3 Section 3.01.006 Tethering of DogsItem 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. S13-5 is codified under Chapter 821 of the Texas Health and Safety Code, Subchapter (E) Entitled "Unlawful Restraint of Dog' (See Attachment -A) and supersedes current language under Paris City Ordinance 3-01-006 "Tethering of Dogs". Those found in violatio.n of the law could face a Class C misdemeanor charge, punishable by a fine of up to $500. 'Repeat offenders could be charged with a Class B misdemeanor. BUDGET: There is no immediate expense brought on by this agreement, OPTIONS: 1. 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" 2. Reject Amendment and rescind current City Ordinance 3.01.006 RECOMMENDATION: 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" ATTACHMENT (A) SUBCHAPTER E. UNLAWFUL RESTRAINT OF DOG Text of section effective on January 18, 2022 Sec. 821.101. DEFINITIONS. In this subchapter: (1) "Adequate shelter" means a sturdy structure: (A) that provides the dog protection from inclement weather; and (B) with dimensions that allow the dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position. (2) "Collar" means a band of material specifically designed to be placed around the neck of a dog. (3) "Harness" means a set of straps constructed of nylon, leather, or similar material, specifically designed to restrain or control a dog. (4) "Inclement weather" includes rain, hail, sleet, snow, high winds, extreme low temperatures, or extreme high temperatures. (5) "Owner" means a person who owns or has custody or control of a dog. (6) "Properly fitted" means, with respect to a collar or harness, a collar or harness that: (A) is appropriately sized for the dog based on the dog's measurements and body weight; (B) does not choke the dog or impede the dog's normal breathing or swallowing; and (C) does not cause pain or injury to the dog.. (7) "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022. Text of section effective on January 18, 2022 Sec. 821.102. UNLAWFUL RESTRAINT OF DOG; OFFENSE. (a) An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to: (1) adequate shelter; (2) an area that allows the dog to avoid standing water and exposure to excessive animal waste; (3) shade from direct sunlight; and (4) potable water. (b) An owner may not restrain a dog outside and unattended by use of a restraint that: (1) is a chain; (2) has weights attached; (3) is shorter in length than the greater of: (A) five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or (B) 10 feet; or (4) is attached to a collar or harness not properly fitted. (c) A person commits an offense if the person knowingly violates this section. The restraint of each dog that is in violation is a separate offense. (d) An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the person has previously been convicted under this section. (e) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022. Text of section effective on January 18, 2022 Sec. 821.103. EXCEPTIONS. (a) Section 821.102 does not apply to: (1) the use of a restraint on a dog in a public camping or recreational area in compliance with the requirements of the public camping or recreational area as defined by a federal, state, or local authority or jurisdiction; (2) the use of a restraint on a dog while the owner and dog engage in, or actively train for, an activity conducted under a valid license issued by this state provided the activity is associated with the use or presence of a dog; (3) the use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of shepherding or herding cattle or livestock; (4) the use of a restraint an a dog while the owner and dog engage in conduct directly related to the business of cultivating agricultural products; (5) a dog left unattended in an open-air truck bed only for the time reasonably necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed; (6) a dog taken by the owner, or another person with the owner's permission, from the owner's residence or property and restrained by the owner or the person for not longer than the time necessary for the owner to engage in an activity that requires the dog to be temporarily restrained; or (7) a dog restrained while the owner and dog are engaged in, or actively training for, hunting or field trialing. (b) Section 821.102(b)(3) does not apply to a restraint. attached to a. trolley system.that allows a dog to move along a running line for a distance equal to or greater than the lengths specified under that subdivision., (c) This subchapter does not prohibit a person from walking a dog with a handheld leash. Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022. Text of section effective on January 18, 2022 Sec. 821.104. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter does not preempt a local regulation relating to the restraint of a dog or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the restraint of a dog if the regulation, ordinance, or requirement: (1) is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or (2) relates to an issue not specifically addressed by this subchapter. Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 6 (S.B. 5), Sec. 1, eff. January 18, 2022. ORDINANCE NO. 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, S13-5 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 Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. This ordinance shall become effective on from and after its passage and publication as required by law. PASSED AND ADOPTED on this 10th day of January 10, 2022 by the City Council of the City of Paris, Texas in regular session following notice and publication as required by law. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 2 Paula Portugal, Mayor Sec. 3.01.006 Tethering of Dogs (A) DEFINITIONS. In this section: (1) "Adequate shelter" means a sturdy structure: (a) that provides the dog protection from inclement weather; and (b) with dimensions that allow the dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position. (2) "Collar" means a band of material specifically designed to be placed around the neck of a dog. (3) "Harness" means a set of straps constructed of nylon, leather, or similar material, specifically designed to restrain or control a dog. (4) "Inclement weather" includes rain, hail, sleet, snow, high winds, extreme low temperatures, or extreme high temperatures. (S) "Owner" means a person who owns or has custody or control of a dog. (6) "Properly fitted" means, with respect to a collar or harness, a collar or harness that: and body weight; swallowing; and (a) is appropriately sized for the dog based on the dog's measurements (b) does not choke the dog or impede the dog's normal breathing or (c) does not cause pain or injury to the dog. (7) "Restraint" means a chain, rope, tether, leash, cable, or other device that Exhibit "A" attaches a dog to a stationary object or trolley system. (B) UNLAWFUL RESTRAINT OF DOG; OFFENSE. (1) An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to: (a) adequate shelter; (b) an area that allows the dog to avoid standing water and exposure to excessive animal waste; that: (c) shade from direct sunlight; and (d) potable water. (2) An owner may not restrain a dog outside and unattended by use of a restraint (a) is a chain; (b) has weights attached; (c) is shorter in length than the greater of: (i) five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or (ii) 10 feet; or (d) is attached to a collar or harness not properly fitted. (3) A person commits an offense if the person knowingly violates this section. The restraint of each dog that is in violation is a separate offense. (4) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $500.00. (5) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (C) Affirmative Defenses: The following are affirmative defenses to prosecution under Section 3.01.006(B): (1) the use of a restraint on a dog was in a public camping or recreational area in compliance with the requirements of the public camping or recreational area as defined by a federal, state, or local authority or jurisdiction; (2) the use of a restraint on a dog was while the owner and dog engaged in, or actively training for, an activity conducted under a valid license issued by this state provided the activity was associated with the use or presence of a dog; (3) the use of a restraint on a dog was while the owner and dog engaged in conduct directly related to the business of shepherding or herding cattle or livestock; (4) the use of a restraint on a dog was while the owner and dog engaged in conduct directly related to the business of cultivating agricultural products; (5) a dog was left unattended in an open-air truck bed only for the time reasonably necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed; (6) a dog was taken by the owner, or another person with the owner's permission, from the owner's residence or property and restrained by the owner or the person for not longer than the time necessary for the owner to engage in an activity that requires the dog to be temporarily restrained; or (7) a dog was restrained while the owner and dog were engaged in, or actively training for, hunting or field trialing. (8) the dog was restrained by a restraint attachment to a trolley system that allows a dog to move along a running line for a distance equal to or greater than the lengths specified under that subdivision. (D) This section does not prohibit a person from walking a dog with a handheld leash.