ENACTED 06/15/1999

ORDINANCE NO. O99-1669

An ordinance amending Section 8.04.140 of the Metropolitan Code of Laws regarding the impoundment of unlicensed dogs.

Whereas, Section 8.04.140 of the Metropolitan Code of Laws requires the Metropolitan Health Department to hold unlicensed dogs at its animal control facility for not less than seven (7) days after a dog has been impounded; and,

Whereas, the animal control facility has often been overcrowded in the recent past; and,

Whereas, with respect to counties that have no local laws for rabies vaccination and licensing of dogs, Tennessee Code Annotated, Section 68-8-109 requires that unlicensed dogs be held for only two (2) days after impoundment; and,

Whereas, reducing the days that the Health Department must hold impounded unlicensed dogs from seven (7) days to three (3) days would conserve space at the animal control facility and be more consistent with the above-referenced state law.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That subsection 8.04.140 of the Metropolitan Code of Laws be deleted in its entirety and the following substituted in its place:

A. It shall be the duty of the chief medical director to keep any licensed dog impounded for running at large for a period of seven (7) days from the date notice is mailed to the owner of record as determined by the license. Any unlicensed dog that is impounded shall be kept for a period of three (3) working days beginning with the date of seizure. At the expiration of the applicable period of days such impounded dog may be disposed of as follows:

Section 2. That should any clause or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole or any provision other than the part declared to be unconstitutional or invalid, such section, clause and provision hereof being declared severable.

Section 3. That this ordinance shall take effect upon its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Morris Haddox, Janis Sontany & George Armistead

LEGISLATIVE HISTORY

Introduced: May 18, 1999
Passed First Reading: May 18, 1999
Referred to: Budget & Finance Committee
Health, Hospitals & Social Services Committee
Passed Second Reading: June 1, 1999
Passed Third Reading: June 15, 1999
Approved: June 21, 1999
By: mayor.gif (527 bytes)