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21-2634ORDINANCE NO. 21-2634 AN ORDINANCE OF THE CITY OF DENTON AMENDING THE PROVISIONS OF CHAPTER 6 OF THE CODE OF ORDINANCES BY AMENDING SECTION 6-2 "DEFINITIONS" BY PROVIDING DEFINITIONS FOR KEY TERMS AND REMOVING THE DEFINITION OF "DANGEROUS ANEMAL" TO REPLACE IT WITH THE DEFINITION OF "DANGEROUS DOG"; BY AMENDING ARTICLE H OF CHAPTER 6 OF THE CODE OF ORDINANCES REGARDING DANGEROUS DOGS BY CHANGING THE TITLE OF ARTICLE H TO "DANGEROUS DOGS"; AMENDING THE COMPLAINT FILING PROCESS, OUTLINING RAMIFICATIONS FOR FAILURE TO COMPLY, AND OUTLINING AND IMPLEMENTING A DANGEROUS DOG REGISTRY; 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 Section 823.005 of Chapter 823 of the Texas Health and Safety Code assists in the Shelter's compliance with the requirements of the chapter; and WHEREAS, the ASAC has recommended an amendment to Chapter 6 "Animals," Section 6-2 "Definitions" to provide definitions for key terms including: bodily injury, dangerous dog, legally restrained, and serious bodily injury; and to delete the definition of "dangerous animal"; and WHEREAS, the ASAC has recommended an amendment to Chapter 6 "Animals," Section 6-34 "Filing the complaint" to amend the complaint filing timeframe and remove the narrow limitations of the persons allowed to file a dangerous dog complaint with the municipal magistrate; and WHEREAS, the ASAC has recommended an amendment to Chapter 6 "Animals," by adding Section 6-39.1 "Failure to comply" to include language outlining the ramifications for failing to comply with the final disposition ordered by the municipal magistrate; and WHEREAS, the ASAC has recommended an amendment to Chapter 6 "Animals", by adding Section 6-39.2 "Dangerous Dog Registry" to provide for the creation of a publicly available list identifying where a dangerous dog resides; 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 dangerous dogs and finds the attached amendments reasonable and necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 6-2 of Article I of Chapter 6 "Definitions" of the Code of Ordinances of the City of Denton is hereby amended to delete the definition for "dangerous animal" and to add the following definitions which shall read as follows: Sec. 6-2. - Definitions. Bodily Injury means physical pain, illness, or any impairment of physical condition. Dangerous Dog means a dog that makes an unprovoked attack on a person or legally restrained domestic animal or livestock that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own. For the purposes of the definition of a dangerous dog, an attack by a dog that is in response to being tormented, abused or assaulted by any person shall not be considered an unprovoked attack. Legally restrained means kept within a secure enclosure or fenced area or restrained by a leash of sufficient strength and length to control the actions of an animal. Serious Bodily Ir jury means an injury characterized by severe or multiple bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. SECTION 2. Article II of Chapter 6 "Dangerous Animals" of the Code of Ordinances of the City of Denton is hereby amended and retitled "Dangerous Dogs" and shall now read as follows: ARTICLE IL DANGEROUS DOGS Sec. 6-33. Purpose and scope. (a) The purpose of this article is to protect the health, safety and general welfare of the city by providing for the disposition of dogs determined to be dangerous. (b) The administrative procedures of this article shall apply to any dog required to be restrained in accordance with this article which, while running at large or while restrained in a public place has made an unprovoked attack on a person or legally restrained domestic animal or livestock causing bodily injury and for which a complaint has been filed in accordance with this article. Sec. 6-34. Filing the complaint. (a) To invoke the provisions of this article, a written complaint shall be filed with the animal control center within ten (10) calendar days of the date the person or legally restrained domestic animal or livestock was attacked or bitten, on a form provided by the city which shall give notice of the penalty for the filing or signing of a false complaint as provided in this article. (b) The complaint shall be signed by any person, including an Animal Services Officer, that the dog has made an unprovoked attack on a person or legally restrained domestic animal or livestock causing bodily injury. (c) The complaint shall contain the following information: 1) The name, address and telephone number of the person attacked or bitten or the owner of the legally restrained domestic animal or livestock attacked or bitten; 2) The facts and circumstances of the incident, including the date, time and location; a description of the dog complained of, and if known, the name, address and telephone number of the owner of the dog complained of, and of any witness; and 3) A statement that the dog complained of, while running at large or while restrained in a public place, made an unprovoked attack on a person or legally restrained domestic animal or livestock in violation of this article. Sec. 6-35. Making a false complaint. It shall be unlawful for any person to file or sign the written complaint required by this ordinance when the person knows that the complaint contains false information. See. 6-36. Investigation; determination of probable cause; order of impoundment. (a) Upon receipt of a dangerous dog complaint, the animal control center shall immediately initiate an investigation to determine if there is probable cause to believe that the dog which is the subject of the complaint is dangerous. (b) If the investigating animal control officer determines that there exists probable cause to believe the dog is dangerous, the animal control officer shall request an order of impoundment be issued by the municipal court. (c) The order of impoundment shall include the facts set forth in the complaint, the duty of the owner to immediately impound the dog, and notification of the subsequent dangerous dog hearing. (d) Upon receipt of an order of impoundment, the owner of the subject dog shall immediately impound the dog at the animal control center. (e) If the owner of dog subject to impoundment refuses or fails to immediately impound the dog as required, an animal control officer may obtain a warrant from a magistrate, seize the dog, and transport it to the animal control center. (f) The owner or harborer will bear any and all costs for the impoundment required by this section. (g) Any owner, harborer, or other person having possession of or responsibility for any dog which is subject to an investigation under this article shall immediately notify the animal control center if such dog escapes or becomes or appears to become sick or dies. In case of death of the dog under investigation, the person shall immediately surrender the carcass to the animal control center for diagnostic purposes. (h) It shall be unlawful for any person to refuse or fail to impound a dog as required by this section, or to harbor or hide a dog subject to this article for the purpose of preventing its impoundment. (i) It shall be unlawful for any person to transport, or secure the transport, of a dog subject to this article to any location outside the incorporated limits of the city if the person has knowledge that the dog is the subject of an investigation under this article. 0) Nothing in this section shall preclude an animal control officer from immediately impounding a dog that poses an immediate threat to the health and safety of the citizens of the city. Sec. 6-37. Determination hearing. (a) The jurisdiction for a dangerous dog determination hearing under this article shall be assigned to the municipal court of the city. (b) The owner of a dog subject to a dangerous dog determination hearing under this article shall be notified, in writing, of the date, time and location of the hearing within five (5) days after the impoundment of the dog. (c) The determination hearing shall be held within ten (10) days after impoundment of the dog. (d) The hearing shall be held before a magistrate of the municipal court of the city. The magistrate shall consider evidence provided by any interested party in making their determination. (e) If, in accordance with this article, a magistrate determines that a dog is a dangerous dog, the magistrate shall issue an order of disposition for the dog. The magistrate may order the humane euthanasia of the dog or order the owner to comply with the requirements for owning a dangerous dog. (f) If the magistrate determines that the dog is not a dangerous dog, the magistrate shall order the dog to be released to the owner. (g) Nothing in this section precludes the owner of a dog which is the subject of the hearing from waiving their right to a determination hearing. If a person waives the right to a hearing, the dog will be assumed to be dangerous and the owner shall immediately authorize the humane euthanasia of the dog by the animal control center. Sec. 6-38. Requirements for Owning a Dangerous Dog. (a) No later than the 3e day after a dog has been determined to be a dangerous dog, the owner shall: 1) Register the dog annually as a dangerous dog with the animal control authority for the area in which the dog is kept; 2) Restrain the dog at all times in one of the following manners: In a secure enclosure when the owner or harborer is not present; or ii. When taken outside the secure enclosure the dog must be secured by a Ieash no longer than four (4) feet in length, held by a person of sufficient strength to restrain the dog, and muzzled in a manner that will not cause injury to the dog, not interfere with its vision or respiration and must prevent the dangerous dog from biting another person or animal. 3) Display signs of a permanent nature at the property lines located on the front and rear of the property and on the secure enclosure of the dog; notifying of a dangerous dog on the property. 4) Obtain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person; 5) Microchip the dog and register the dog for its life with a national registry, and present proof of the registration to animal control within thirty (30) days or within the timeframe ordered by the magistrate; and 6) Present proof to animal control that the dog has been sterilized by a licensed veterinarian within thirty (30) days or within the timeframe ordered by the magistrate. This requirement may be waived by the magistrate if a licensed veterinarian certifies in writing that sterilization would endanger the health of the dog because of a preexisting medical condition. (b) For the purposes of this section, "secure enclosure" means and must comply with the following requirements: 1) A dwelling may serve as a secure enclosure under this division, in cases where the attack did not result in a serious bodily injury or death to a person or a legally restrained domestic animal or livestock, and subject to approval of Animal Services. If a dwelling is the secure enclosure under this division, all entries to the dwelling, including doors and garage doors, must have a sign posted in a conspicuous location warning of the presence of the dangerous dog, and the front door of the dwelling must be locked at all times, except when in use for entering or exiting the dwelling. 2) If a secure enclosure is separate from a dwelling, all entrances to the secure enclosure must be locked with a padlock at all times, except when in use to enter or exit the secure enclosure. The secure enclosure must be capable of preventing the escape, release, or protrusion of any part of the body of the dog. The enclosure shall have secure sides and a floor either attached to the sides or with the sides embedded no less than twelve (12) inches in a concrete border surrounding the base of the enclosure. The concrete border shall be no less than four (4) inches wide and no closer than six (6) feet to any property line. An enclosure shall be adequately lighted and ventilated and must be maintained in a clean and sanitary condition. Such enclosure must be inspected an approved by animal services department to verify the enclosure is in compliance with the order issued by the magistrate before the dog is registered with the animal services department. (c) For the purposes of this section, "register" means to: 1) Provide the animal control center with the name, address and telephone number of the person owning or harboring a dangerous dog; 2) Provide the animal control center with the name, general description and two-color photographs, one depicting a frontal view and one depicting a side view, of the dangerous dog; 3) Provide the animal control center with a valid rabies vaccination certificate issued for the dangerous dog by a licensed veterinarian; 4) Provide a copy of a current liability insurance policy as prescribed by subsection (a)(4) of this section; 5) Agree to inspections by animal control officers of the dangerous dog and the premises on which the dangerous dog is kept at any reasonable times to ensure compliance with the provisions of this article; 6) Pay a dangerous dog registration fee as authorized by the city council and on file in the office of the city secretary; 7) Provide the animal control center with proof the dog has been sterilized by a licensed veterinarian; and 8) Provide the animal control center proof that the dog's microchip is registered with a national registry. (d) For the purpose of this section, "signs" shall mean a sign, at least eight (8) inches by twelve (12) inches, of a permanent nature stating "BEWARE OF DANGEROUS DOG" in red lettering on a white background. The lettering shall be no less than two (2) inches in height and made of a reflective material that is visible in low -light situations or at night. The owner of a dangerous dog shall renew the registration at least annually and submit payment of fees as authorized by the city council and on file in the office of the city secretary. (e) The owner shall immediately notify the animal control center of any change in status of a. dangerous dog, including relocation, transfer of ownership, escape, or death. In the event that the dangerous dog is moved to another location within the city, the animal control center shall inspect the new location to ensure compliance with this section. If ownership of the dangerous dog is transferred to another person, that person shall be subject to all requirements of this section. If the dangerous dog is moved to a location outside the incorporated limits of the city, the owner shall inform the animal control center of the new location of the dog. The animal control center shall forward a copy of the magistrate's order of disposition to the local animal control authority of the jurisdiction into which the dog is being moved. (f) If an owner of a dog deemed to be dangerous is unable to comply with the conditions set forth in this section, the owner shall have the dog humanely euthanized by releasing the dog to the animal control center. Sec. 6-39. Impoundment; redemption (a) The owner of a dog impounded under the provisions of this article and subsequently determined to be a dangerous dog shall, prior to the release of the dog from the animal control center, provide proof to the animal control center that they have complied with all conditions contained in the order of determination and pay all fees as authorized by the city council and on file in the office of the city secretary. (b) If a dog impounded under this article is determined not to be dangerous, the owner shall be notified that the dog is eligible for redemption and the terms of redemption. The owner shall redeem the dog within ninety-six (96) hours after receiving such notice. If the owner fails to redeem the dog within the required period, the dog shall become the property of the city and the final disposition shall be determined by animal services consistent with approved policy. (c) The owner of a dog that is determined to be dangerous under the provisions of this article shall notify the animal control center within ninety-six (96) hours of their intent to redeem the dog. The owner shall redeem the dog within thirty (30) days after notice that the dog is eligible for redemption. If the owner fails to redeem the dog within the required period, the dog shall become the property of the city and shall be humanely euthanized by the animal control center. The owner shall pay the city impound and holding fees as authorized by the city council and on file in the office of the city secretary. Sec. 6-39.1. - Failure to Comply. (a) Any person may make a sworn application to the municipal court that the owner of a dangerous dog has failed to comply with section 6-38(a)(2) or that a dangerous dog or has made an unprovoked attack and caused bodily injury to a person or another legally restrained domestic animal or livestock. Upon the filing of a sworn application under this section, the municipal court shall schedule a hearing on the application in accordance with section 6-37. (b) A sworn application under this section must include: 1) Name, address, and telephone number of complainant and other witnesses; 2) Date, time, and location of the incident forming the basis of the report; 3) Description of the dog(s) involved in the incident; 4) Name, address, and telephone number of the dog owner, if known; 5) A statement of facts upon which the application is based; 6) Any other relevant facts or circumstances (c) Upon the filing of a sworn application under this section, the municipal court shall order the animal control authority to seize the dangerous dog and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dangerous dog or order its seizure and shall provide for the impoundment of the dangerous dog in secure and humane conditions. The governing body of the city may prescribe the amount of the fees. The dangerous dog shall remain impounded pending an order of disposition from the municipal court unless otherwise provided for in section 6.39.1(h). (d) The municipal court shall determine, after notice and a hearing as provided in section 6-37, whether the owner of dangerous dog has failed to comply with section 6-38(a)(2) or whether a dangerous dog has committed an unprovoked attack and caused bodily injury to a person or another legally restrained domestic animal or livestock. (e) If, after a hearing on an application filed under this section, the municipal court finds that the owner of the dangerous dog has failed to comply with section 6-38(a)(2)or that the dangerous dog has committed an unprovoked attack and caused bodily injury to a person or another legally restrained domestic animal or livestock, the municipal court shall order one of the following: the animal control authority to humanely euthanize the dangerous dog; the dangerous dog be permanently removed from the city; or the dangerous dog be returned to the owner upon proof of compliance with all of the requirements of section 6-38(b). The court may also order the owner of the dangerous dog to pay all costs or fees assessed by the city related to the seizure, acceptance, impoundment, and humane euthanasia of the dangerous dog due to the sworn complaint filed under this section. (f) If, after a hearing on an application filed under this section, the municipal court does not find sufficient evidence to issue an order under section 6-39.1(e), the municipal court shall order that the animal control authority immediately release the dangerous dog to the owner, and the owner shall not be responsible for the costs of seizure or impoundment of the dangerous dog (g) A dangerous dog ordered to be humanely euthanized or permanently removed from the city shall remain impounded until the dangerous dog is humanely euthanized, or until the dog is transferred outside of the city limits. (h) If the owner of a dangerous dog seized due to a sworn application filed under this section cannot be located within fifteen (15) days after the seizure and impoundment of the dangerous dog, the dangerous dog shall be considered abandoned and the city shall be deemed the owner of the dangerous dog. The court shall order the humane euthanasia of a dangerous dog abandoned under this section upon application of the animal control authority, without a hearing. See. 6-39.2. - Dangerous Dog Registry. The animal control department shall maintain a list including identifying information on all dogs determined to be dangerous in the city. The list must include the dangerous dog's address, description, pictures, microchip number, the owner's name, and any other pertinent information. This list must be publicly available at the animal control center and will be provided upon written request. SECTION 3. 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 4. 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 5. 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 two hundred dollars ($200.00) for each violation. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 6. The City Secretary is hereby directed to record and publish the above regulations in the City's Code of Ordinances. SECTION 7. Pursuant to Section 2.09(e) 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 made by L)o (NC M� and seconded by 3 e i a -f\ �+2_ mak— This Ordinance was passed and approved by the following vote L- - Ql: Aye Nay Mayor Gerard Hudspeth: ✓ Vicki Byrd, District 1: .� Brian Beck, District 2: Jesse L. Davis, District 3: .� Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: ./ Abstain Absent PASSED AND APPROVED this the lW'-t� day of2021. 6E­RARl5tftSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY ,,���111111��fi • j Z- � � • r APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY f4,''•••.......••P5`��: BY: