Ordinance No. 2330 covers several areas related to Animal Services, which are summarized below.

 

Community Cat Program

The City has been conducting a pilot program for TNVR (trap-neuter-vaccinate-return) for the cat colony at First Colony Mall. This is also known as a Community Cat Program. In the last year, 37 cats/kittens have been trapped, with 18 cats spayed/neutered, vaccinated and returned to the mall. Of the remaining kittens, 13 were adopted and 5 transferred to other rescues.

 

With the pilot program's success, several areas of the City with community cat colonies could benefit from this program. Rescues, organizations, or individuals register with the City and then trap the cats and deliver them to contracted veterinary clinic for evaluation, vaccination, surgery, and ear-tipping. Caretakers of the colonies are not considered owners of the cats that they care for. An ear-tip is the universal sign that a community cat has been spayed or neutered. The cats are then picked up from the vet by the caretaker and returned to their colony after recovery.

 

Provisions for Animal Care

This Ordinance clarifies the requirements for provisions to animals:

 

A structurally sound shelter that is designed for the species of the animal and contains sufficient space for the animal to turn about freely and easily sit, stand or lie in a comfortable, natural position; protects the animal from injury and inclement weather; and is regularly cleaned to prevent the accumulation of waste and other dangers that may threaten the health and safety of the animal.

 

The animal must have sufficient food that is free from contamination and of sufficient quality and nutritive value to maintain the animal in good health; sufficient clean, fresh water; and veterinary care when needed to prevent suffering.

 

The Ordinance adds more explanation to the acceptable restraints and conditions that may be used for a dog to be left outside unattended, which is consistent with Health & Safety Code 821.

 

An owner or custodian may not leave a dog outside and unattended by use of a restraint unless the owner or custodian provides the dog access to: adequate shelter; an area that allows the dog to avoid standing water and exposure to excessive animal waste; shade from direct sunlight (a doghouse is not adequate shade); and constant access to potable water.

 

An owner may not restrain a dog outside and unattended by use of a restraint that: is a chain; has weights attached; is shorter in length than the greater of five times the length of the dog or 10 feet; or is attached to a pinch, prong, or choke collar or any ill-fitting collar or harness.

 

Dangerous Dogs and Aggressive Animals

The Ordinance replaces language for vicious animals with aggressive animal language, distinguishes between dangerous dogs and aggressive animals, and establishes a process for having an animal declared as an aggressive animal. Establishes requirements for owning an aggressive dog.

 

An aggressive animal is an animal that on at least one occasion and while not legally restrained, the animal injured or killed a person or legally restrained domestic animal or livestock, or committed unprovoked acts that would cause a person to reasonably believe that an attack is imminent to themselves or a legally restrained domestic animal or livestock in their control.

 

A dangerous dog means a dog that makes an unprovoked attack on a person 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.

 

The Ordinance establishes a renewal fee for a dangerous dog, as well as a registration and renewal fee for aggressive dogs.

 

Section 3-38 has been rewritten to address the determination as an aggressive animal and an appeal process. Section 3-39 establishes requirements for ownership of an aggressive animal, and penalties for noncompliance.

 

Impounded Animals

Animals impounded by the City as subject to the following, at the owners cost, in addition to impoundment fees, if proof of current status cannot be provided. Rabies vaccination, microchip implantation, and sterilization if the animal is over 6 months of age and not already sterilized.

 

Penalties

The Ordinance establishes a maximum $500 fine per offense for any person found guilty of violating the Ordinance. Since fines are being established, the City must publish the descriptive caption in the city’s official newspaper one time within 30 days of passage.

 

Animal Advisory Board

The Animal Advisory Board met in a special meeting on March 22, 2024 to finalize recommended revisions to the Ordinance. The board unanimously recommends the Ordinance to City Council for consideration and approval.

 

Recommendation

Staff recommends approval of first reading and passage to second reading of Ordinance No. 2330. Upon approval of first reading, second reading will be placed on the April 16, 2024 agenda.