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HomeMy WebLinkAboutOrdinance - 2001-O0018 - Amending Chapter 4 - Tying Dogs And Other Animals - 04/12/2001First Reading March 22, 2001 Second Reading April 12, 2001 Item No. 19 Item No. 61 ORDINANCENO. 2001-00018 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TYING DOGS AND OTHER ANIMALS; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Counsel of the City of Lubbock, Texas deems it in the best interest of the health, safety, and welfare of the citizens of Lubbock to make the following amendments to Chapter 4 of the Code of Ordinances with regard to tying of dogs and other animals; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 4-5(a) is hereby added to the Code of Ordinances of the City of Lubbock, Texas, to read as follows: Sec. 4-5(a). Tying dogs and other animals. It shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the animal control officer. The term "unhealthy situation" shall include, but not be limited to the following: (1) To tether any animal in such a manner as to permit the animal access upon any public right-of-way; (2) To tether any animal in such a manner as to cause the animal injury or pain or not to permit the animal to reach shelter, food and/or water; (3) To tether any animal in such as manner as to permit the animal to leave the owner's property; (4) To tether any animal in a manner whereby the animal is subject to harassment, stinging bites from outdoor insects and attacks by other animals; (5) To fail to remove waste from the tethered area on a daily basis; or (6) To use choke -type collars to tether any animal. The use of a tether that is at least ten (10) feet in length, that is equipped with swivel ends, that is positioned in such a manner as to prevent the animal from becoming entangled with any obstruction, from partially or totally jumping any fence, or leaving any part of its owner's property, and that is secured to the animal using a properly fitted collar or harness shall be a permissible means to tether the animal if said use does not otherwise violate this section. For purposes of this section, the term "tether" shall mean to chain, tie, fasten or otherwise secure an animal to a fixed point so that it can move or range only within certain limits. SECTION 2. THAT violation of any provision of this ordinance shall be deemed a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 3. THAT should any paragraph, section, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 22nd day of March 2001. Passed by the City Council on second reading this 12th day of April 2001. i qNDY4SITON)MAYOR ATTEST: QLa5,s RebeccaGarza City APPROVED AS TO CONTENT: Tommy Ca den, Health Director APPROVED AS TO FORM: L. AM:, L\ J-Nop6sI, ORD 2,duc A,hl 4, 2W I