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HomeMy WebLinkAboutIR 8856INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8856 To the Mayor and Members of the City Council ��' �"'"" Page 1 of 2 r 5 a SUBJECT: DANGEROUS DOG ORDINANCE .," In 2006, the City Council requested information from staff specific to the regulation of dangerous dogs in Fort Worth. An informal report was provided to Council summarizing the City's current dangerous dog ordinance, legal constraints, breed - specific bans, City -wide dog bite data, and regulatory options. The report concluded that absent revisions to state legislation, or a valid legal exception, state law prohibited breed - speck ordinance restrictions. The Council recommended and endorsed review of the existing dangerous dog ordinance to consider strengthening enforcement parameters. The Public Health Department, with assistance from legal staff, has completed the review process and proposes to amend the current Ordinance. The recommended changes include: Dangerous Dog Incident Definition — Staff proposes to amend the definition of a dangerous dog incident to match the current State definition of a dangerous dog, thereby including unprovoked attacks on other animals. Currently, the ordinance only defines a dangerous dog incident to include an unprovoked attack on a person. This change will allow for more aggressive enforcement of cases where a pet being walked on a leash is attacked by a free - roaming dog. wCriteria for Seizure of Dog — Currently, upon the filing of a dangerous dog incident report, the dog owner delivers the dog to the Animal Care and Control Authority not later than the fifth day after the date on which the owner receives notice that a report has been filed in Municipal Court. This leaves open the possibility that following an attack, the dog can remain with the owner for up to five days in the same environment in which the original attack took place. The proposed ordinance revision provides that following an incident report being filed with the Municipal Court, a seizure warrant be issued immediately. After the Animal Control Authority seizes the dog, the dog is impounded until the Court determines whether the dog is deemed to be dangerous. Criteria for Returning Dog to Owner — Following the Court hearing to determine whether the dog is dangerous, the current ordinance allows the dog to be returned to its owner either because it is ruled not dangerous or to allow the owner to comply with the requirements of owning a dangerous dog. The proposed revised ordinance reduces the 30 day time period to 15 days for an owner to comply with the requirements of owning a dangerous dog. The dog will remain in Animal Care and Control's custody until compliance is verified. Additionally, the owner will pay all applicable sheltering fees during this time period. The dangerous dog will also remain iri Anima! Care and Control custody during any appeal process that is pursued by the owner. Dangerous Dog Owner Requirements — Staff recommends amending the requirements of mic owning a dangerous dog to include a $50 registration fee and that the dog's rochip he -. registered with a national registry. Therefore, the requirements would be as follows: + Register the dangerous dog with the Animal Care and Control Authority and pay an annual registration fee of $50.00 to the Animal Care and Control Authority, ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS To the Mayor and Members of the City Council Page 2 of 2 SUBJECT: DANGEROUS DOG ORDINANCE • Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; • Obtain and maintain 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 and provide proof of the required liability insurance coverage or financial responsibility to the Animal Care and Control Authority. • Secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason; • Provide the dangerous dog with a fluorescent yellow collar to be worn by the dog at all times and to be visible at fifty (50) feet in normal day light so that the dog can be identified; • Spay or neuter the dangerous dog; and • Implantation by the Animal Care and Control Authority of a microchip identification device on the dog immediately after the Court has ruled that such dog is dangerous. The dog's Microchip is to be registered with a national registry. The cost of the service shall be at th-.- owners expense. Failure to Comply -The current ordinance provides for penalties for failing to comply with dangerous dog requirements within 30 days following the Court declaring a dog to be dangerous, but is silent regarding subsequent lapses in compliance. The proposed ordinance reduces the time allowed to comply to 15 days following Court declaration of a dangerous dog and allows for periodic compliance checks with penalties for failure to sustain compliance, up to and including seizure and destruction • the dog. Summa[y - In summary, the intent of the proposed revised ordinance is to expedite dangerous dog seizure and compliance processes, allowing for more aggressive enforcement and removing windows of time that the dog can remain in custody of the owner in the same environment in which an attack occurred. Charles R. Boswell City Manager p, ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS