City Cracks The Whip On Animal Ordinances

Editor

The city of Canton put some teeth in their animal control ordinance cracking down on tethering, sale and trade, and vicious animal laws.

During their March 18 meeting, the city council passed the revised ordinance that was originally amended in November 1999.

Canton Director of Public Works and Community Development Rick Malone, along with city councilman Jim Fuller, worked on the ordinance together, after Fuller requested the previous month the ordinance be revised.

The changes to the 21-page ordinance include the following:

In Section 4. Care And Treatment Of Animals Offered For Sale Or Trade, it states that

(16) "Any person offering animals for sale or trade must present a vaccination record at the time of exchange."

(17) "Selling or trading animals are prohibited on city or state right-of-ways."

Also, in Section 5. Keeping Of Dangerous/Vicious Animals, it states in 5.1 that "No person shall own or harbor a vicious animal within the city; such an animal shall be impounded as a public nuisance."

5.2 "If impoundment of said vicious animal is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a vicious animal from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given 24 hours notice that if said animal is not surrendered to the animal control center for impoundment, within said 24 hour period, then the animal will be destroyed wherever it is found. After this notice, the vicious animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section may be verbal or in writing. A written notice left at the entrance to the premises where the vicious animal is harbored will be considered valid notice under this section."

Section 5.3 of the ordinance goes on to define a vicious animal.

5.7 "If the municipal court upholds the determination of vicious animal the court shall order the animal to be euthanized."

5.8 "If the municipal court finds the animal not vicious but potentially dangerous, the animal shall be returned to the owner provided all requirements are met and costs are reimbursed to the city for boarding and medical attention while in custody. The following requirements must also be met within 15 working days:

a. The animal must be licensed

b. The animal must be kept in a proper enclosure

c. The owner must present a certificate of liability insurance in the amount of $100,000

d. The owner must provide the animal with a fluorescent yellow collar to be worn at all times and be visible 50 feet in normal daylight for identification purposes

e. When the potentially dangerous animal is taken outside the enclosure, it must be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent it from biting any person or other animal; and the animal must be restrained by substantial chain or cable leash having a minimum tensile strength of 1,000 pounds and not to exceed six feet in length.

f. The owner shall post a sign on his/her premises warning that there is a potentially dangerous animal on the property. The sign shall be visible and capable of being read from the public street or highway.

g. The animal must be spayed or neutered.

h. The owner must register the animal and pay an annual fee of $50 each January to the animal control officer or police department."

5.9 "If the owner of the potentially dangerous animal does not comply with the above requirements the animal shall be euthanized."

5.10 "The owner of an animal declared to be vicious under these laws shall be subject to a fine of not less than $2,000 but not more than $2,000."

5.11 "The owner of an animal declared to be potentially dangerous is subject to fines of not less than $2,000 but not more than $2,000 if violations are committed or if animal has killed or wounded another animal or person.

"We don’t want people harboring vicious animals in the city limits," Malone said. "It (the ordinance) is not breed specific…State law says you can not be breed specific."

Other changes are in Section 6. Tethering,

6.1 "It is unlawful for a person to restrain a dog with a chain or tether unless the person is holding the chain or tether."

6.2 "It is an affirmative defense to a violation of the above subsection that the restraint;

a. Is required to protect the safety or welfare of a person or the dog, if the dog’s owner remains with the dog throughout the period of restraint; or

b. While the dog is within the owner’s direct physical control; and while the dog is prevented from being within 15 feet from the edge of any public street or sidewalk."

6.3 "The prohibition of subsection 6.1 does not apply to a temporary restraint during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity."

6.4 "An offense under this section is a Class C misdemeanor. If a person fails to comply with this section with respect to more than one dog, the person’s conduct with respect to each dog constitutes a separate offense. The penalty for violation of this section shall be between $1 and $2,000 for each offense, for each violation, for each separate day, for each dog."

"We have a lot of complaints about people tying up animals," Malone said.

Malone explained that there would be a two month educational period before the ordinance goes into effect for the vicious dog and tethering ordinance.

The Canton Animal Shelter also has animals available for adoption and offer low cost spay and neuter through the Kaufman County Animal Awareness Project (KCAAP). For more information about their program call (972) 472-3500.

Malone said that every animal adopted from the shelter must be spayed or neutered.

One of the ways the shelter does this is by offering a low cost spay/neuter clinic; however, if someone wants to get their newly adopted animal spayed or neutered by a local veterinarian the city encouraged that as well.

"There is no option for spaying or neutering. You must provide documentation to us," Malone said.

For information about the changes to the ordinance contact Malone at (903) 567-2826 or animal control at (903) 567-4880.