20-2235ORDINANCE NO.20-2235
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE PROVISIONS OF
SECTION 6-8 OF THE CODE OF ORDINANCES REGARDING RESTRAINING ANIMALS
AND TETHERING ANIMALS TO PROHIBIT THE TETHERING OF ANIMALS WITH
CERTAIN EXCEPTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the “City”) owns and operates the Denton Animal
Shelter (the “Shelter”) and desires to promote the health, safety and welfare of animals in Denton;
and
WHEREAS, the Shelter is operated under the guidance of the Animal Shelter Advisory
Committee (ASAC) which pursuant to Chapter 823.005 of the Texas Health and Safety Code
assist in the Shelter’s compliance with the requirements of the chapter; and
WHEREAS, the ASAC has recommended an amendment to Chapter 6 “Animals”, Section
8 “Restraining animals and tethering animals” to prohibit the tethering of animals with certain
exceptions; and
WHEREAS, the ASAC has expressed a level of concern of animals being inhumanely
and improperly tethered which increases their chances of becoming tangled or inhibits the animal
to adequately access food or water thus necessitating this amendment to protect the health and
safety of animals; and
WHEREAS, the City Council has determined that it is in the best interest of the residents
and animals of the City to enact regulations relating to tethering and finds the attached amendments
reasonable and necessary; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Section 6-8 “Restraining animals and tethering animals” of Chapter 6 of the
Code of Ordinances of the City of Denton is hereby amended to prohibit tethering except in limited
circumstances and Section 6-8 shall now read as follows:
Sec. 6-8. - Restraining animals and tethering animals.
(a) it shall be unlawful to stake or restrain any domestic animal outside on a leash,
tether, chain or similar apparatus unless a person who is in control, custody, or caring
for the animal remains with the animal throughout the period of restraint. This
prohibition shall apply to public and private property.
(b) it shall be unlawful for any person who is in control, custody, or caring for any
animal to permit the animal to run at large in the city or to trespass upon the premises
of any other person.
(c) it shall be unlawful for any person who is in control, custody, or caring for any
animal to leave the animal unattended in a public place.
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(d) it shall be unlawful for any person who is in control, custody, or caring for any
animal to leave the animal restrained by a leash, attended or unattended, in any manner
that allows the animal to enter the private property of another without the effective
consent of the owner.
(e) Subsections (a) through (d) do not apply to police canines
(D it shall be unlawful to attach a collar or harness to a domestic animal that chokes,
pinches or harms the animal.
(g) it shall be unlawfUI for any animal to be attached to a chain or tether that weighs
ten percent or more of the animal’s body weight.
(h) it shall be unlawful to tether any animal in the open bed of a pickup style vehicle
that is open to the elements, unless the vehicle is a livestock trailer designed for the
purpose of transporting livestock.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof
by the preceding text shall not affect or impair any act done or right vested or accrued or any
proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect
and such shall remain in force for all intents and purposes as if such ordinance or part thereof so
repealed shall remain in force.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be found guilty of a misdemeanor and fined a sum of not more than five hundred dollars ($500.00)
for each violation. Each day that a provision of this Ordinance is violated shall constitute a separate
and distinct offense.
SECTION 5. The City Secretary is hereby directed to record and publish the above
regulations in the City’s Code of Ordinances.
SECTION 6. Pursuant to Section 2.09(c) of the Charter for the City of Denton, this
ordinance shall become effective fourteen (14) days from the date of this passage and the City
Secretary is hereby directed to cause the caption of this ordinance to be published twice in the
Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage.
The motion to approve this Ordinance was
seconded by MLmmkMthe following vote U - n :
made by vIec\\and
This Ordinance was passecfarYd approved by
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Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse L. Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED thi, th, t O+b d,y ,f Fqoaernb4'< , 2020.
CHRIS WATTS, MAYOR
By: Mayor Pro Tem Gerard Hudspeth
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: J&a
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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