ENACTED 08/03/1999

ORDINANCE NO. O99-1796

An ordinance amending the Metropolitan Code section 8.04.140 regarding the disposition of unlicensed dogs.

Whereas, ordinance No. 099-1669 passed third reading on June 15, 1999 and reduced the number of days an unlicensed dog must be impounded; and

Whereas, due to an inadvertent omission, Ordinance No. O99-1669 stated that all of section 8.04.140 of the Metropolitan Code was to be deleted, when only the first full paragraph of section 8.04.140A was to be deleted and replaced, and subsections 1, 2 and 3 were to remain; and

Whereas, in order to assure the orderly administration of the rabies control program, the intent of the Council in enacting ordinance No. O99-1669 should be clarified.

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

Section 1. That Metropolitan Code section 8.04.140 be amended by deleting it in its entirety and substituting the following:

8.04.140 Disposition of unclaimed or unlicensed dogs.

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:

1. Whenever any research institution shall apply to the department of health for permission to use for research purposes any impounded dogs remaining unclaimed, the chief medical director may, at his discretion, sell to the institution such unclaimed dogs as it has requested; provided, the board of health shall determine the fee to be paid by such institution.

2. Whenever any individual shall apply to the department of health for permission to adopt or buy any impounded dog remaining unclaimed, the chief medical director may sell to the individual such unclaimed dogs or surrender such dogs to the individual for adoption upon a payment of a fee set by the board of health.

3. Whenever any dogs remain unclaimed, such dogs may be destroyed in a manner to be determined by the chief medical director.

B. Any person who does not desire to pay the license fee, provided by this chapter upon any dog owned, kept or harbored on premises owned by him shall bring such dog to the pound operated by the metropolitan government to be disposed of.

C. Any unidentified dog which the chief medical director, upon the advice of a licensed veterinarian, determines to be suffering from rabies or other infectious or dangerous diseases, or to be in misery, need not be released, but may be disposed of immediately. (Prior code § 8-1-11)

Section 2. That this ordinance shall take effect upon its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Phil Ponder

Amendment No. 1

To

Ordinance No. 099-1796

Mr. President,

I move to amend Section 1. of Ordinance No. 099-1796 as follows:

1. Insert the words and numbers "or impounded under 8.12.060" after the
words "running at large" and before the words "for a period of seven (7)
days" in subsection 8.04.140(A).

2. Amend subsection 8.04.140(C) by deleting the subsection in its entirety and in adopting in lieu thereof the following subsection (C)

Notwithstanding subsection (A), the chief medical director, upon the advice of a licensed veterinarian, may dispose of a dog immediately if he/she determines the dog is suffering from rabies or other infectious or dangerous diseases, or is in misery, or if he/she determines such immediate disposition furthers the public's health and safety.

Sponsored by: Janis Sontany
Amendment Adopted: July 20, 1999

AMENDMENT NO. 2

TO

ORDINANCE NO. 099-1796

Mr. President:

I move to amend Ordinance No. 099-1796 by amending Section 1 as follows:

(1) By deleting the provisions of Section 8.04.140 A. subparagraph 1;

2. By renumbering the remaining subparagraphs accordingly.

Sponsored by: Janis Sontany
Amendment Adopted: July 20, 1999

LEGISLATIVE HISTORY
Introduced:	July 6, 1999
Passed First Reading:	July 6, 1999
Referred to:	Budget & Finance Committee Health, Hospital & Social Services Committee
Amended:	July 20, 1999
Passed Second Reading:	July 20, 1999
Passed Third Reading:	August 3, 1999
Approved:	August 11, 1999
By: