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HomeMy WebLinkAboutORD 2007-86 - Dangerous DogORDINANCE NO, ,: , r` ., . q ORDINANCEAN OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTION 7.01.010 OF THE CODE OF ORDINANCES TO CHANGE THE DEFINITION OF "POTENTIALLY"DANGEROUS DOG;" AND TO REPEAL THE DEFINITION OF DANGEROUS DO:" REPEALING CONFLICTING PROVISIONS;PROVIDING ESTABLISHING AN EFFECTIVE DATE. WHEREAS; the City of Georgetown has, for many years, defined a "dangerous dog" in a manner that includes "potentially dangerous dogs;" and WHEREAS, the City Council desires to clarify those definitions and to streamline the provisions applicable to such dogs, and to clarify that all such dogs are subject to Section 7.05.010 and other provisions of Title 7 relating to dangerous dogs; and WHEREAS, the Council finds that amending its ordinance to clarify the definition of `dangerous dog" is in the best interest of the City of Georgetown. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THI CITY OF GEORGETOWN, SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part thereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Century Plan Element: 3.0 01-v owned., sj)onsored or managed health and human services ellhance the quality of life of the citizens of Georgetown. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Section 7.01.010 of the Georgetown Code of Ordinances (pertaining to "Definitions.") is hereby amended to read as follows (new text is underlined; text to be repealed is shod%n as strikethrough ti4 r gTr; definitions that are not changed by this ordinance are indicated by the notation "NO CHANGE"): When used in the City of Georgetown Code of Ordinances, Title 7, the following words ORDINANCE NO. c2007 � amending Definition of Dangerous Dog Page I of and terms, unless the context indicates a different meaning, shall be interpreted as follows: "Animal" — NO CHANGE. "Animal Services Officer" — NO CHANGE. "Animal shelter" —NO CHANGE. "Animal Welfare Organization" — NO CHANGE. "Boarding kennel" — NO CHANGE. "Breeding kennel" — NO CHANGE. "Dangerous animal" — NO CHANGE. "Dangerous clog" means a dog that A. 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; or B. Commits unprovoked acts 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 and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or C. Is a doff which is not considered a danger to persons as described in Texas Health and Safety Code Chapter 822 Subchapter A, but which, when unprovoked: 1. Attacked and caused less than serious bodily injuryto o a person while the doff was not inside an enclosure in which the dog was being kept; 2. Chases or approaches a person upon the streets sidewalks or any public or private place outside of a secure enclosure in which the dog was being kept in an apparent attitude of attack such that the person reasonably believes the dog will cause bodily injures 3. Cornrnits an act in a place other than in a secure enclosure in which the doff is being kept that causes a person to reasonably believe the dog will attack and cause them bodily harm, or 4. Kills or seriouslv injures a domestic animal while not inside a secure enclosure on the owner's propert . "Domestic animal" —NO CHANGE. oxDIMyNC NU. AOO 74(6 Amending Definition of Dangerous Dog Page 2 of 5 "Estray" — NO CHANGE. "Exotic species" — NO CHANGE. "Harboring" —NO CHANGE. "Kennel" — NO CHANGE. "Multiple pet owner" — NO CHANGE. "Nuisance" — NO CHANGE. "Owner-" — NO CHANGE. "Pet animal" — NO CHANGE.. It II to +ten+ -tens as. deserihod i+l`T'ovnc Qnrnf<r (~nde Chapte r 477 Sube nl�tn+- 1 r5 b It Whi6h � when Lhe 11Y1411'/lyelced• 1. kttaeked and eaused less than seFieus bedil-, 'A A Aj �L Pei -soil while the was iiet inside an enelosufe iii whieh the was being jcela-t-- g l% 2. Chases er- appr-eaehes a per -son upen the streets, sidewalks eFany publie--&f +1i-lzrate p laeo a tsicle rein n_ S will tlto �zo �+�it vvl+llrtt- nn ,e h the dog is being hwpt, that causes a pe-Fson to reasenably belieNre the dog, will attaek. nr��a nmlrvo Ohom bed lv hafm; a n+tinlnnn rn nl� the ownef:9ts ri rr�+�ortli GTi "Poultry" — NO CHANGE. "Private breeder" — NO CHANGE. "Prohibited animals" — NO CHANGE. "Quarantine" — NO CHANGE. "Quarantine by owner" — NO CHANGE.. "Rabies vaccination" — NO CHANGE.. ORDINANCE NO. Amending Definition of Dangerous Doe Pave 3 of 5 "Registered dangerous dog" — NO CHANGE. "Restricted animals" — NO CHANGE. "Running at large— NO CHANGE.. "Secure enclosure" —NO CHANGE. "Serious bodily injury" — NO CHANGE. "Severe attack" — NO CHANGE. "Severe bite" — NO CHANGE. "Strcav animal (including estray) "-NO CHANGE. "Theatrical exhibition" — NO CHANGE. "Transfer" —NO CHANGE. "Transferee" — NO CHANGE. "Transferor" — NO CHANGE. "Unprovoked attack" — NO CHANGE. "Veterinarian" —NO CHANGE. "Wildlife" —NO CHANGE. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 4. This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas. PASSED AND APPROVED on First Reading on the ORDINANCE NO. 0200 Amending Definition of Danaerous Doc Page 4 of 5 .� day of PASS 2007. AND APPROVED on 2007. ATTEST: City Secretary APPROVED AS TO FORM: Patricia E. Carls, City Attorney ORDINANCE NO. _ 4 AmendimT Definition of Dangerous Doa_> }'age 5 0f 5 Second Reading on the day of THE CITY OF GEORGETOWN: