ENACTED 08/17/1999

ORDINANCE NO. O99-1808

An ordinance amending section 8.04.110 of the Metropolitan Code of Laws increasing the penalties for allowing dogs to run at large.

Whereas, a graduated set of penalties for allowing dogs to run at large was established in subsection 8.04.110D of the Metropolitan Code; and

Whereas, subsection 8.04.110D was last amended in 1989; and

Whereas, the problem of dogs running at large has increased in the ten years since subsection 8.04.110D was last amended; and

Whereas, several cities and counties of comparable size have instituted measures including higher penalties, requiring fencing and seizure of the animals to better control the number of dogs running at large; and

Whereas, the Mayor’s Advisory Board on Animal Care and Control has recommended that the penalties be increased and other measures including requirements for fencing, seizure and encouraging dog owners to spay and neuter their animals be implemented; and

Whereas, it is in the best interest of Metropolitan Nashville and Davidson County to address the problem of dogs running at large by implementation of the recommendations of the Mayor’s Advisory Board on Animal Care and Control.

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

Section 1. That subsection 8.04.110D of the Metropolitan Code of Laws be deleted in its entirety and the following substituted in its place:

D. The penalties for violation of this section shall be as follows:

1. First Violation. The penalty for the first violation of this section shall be not less than fifty dollars ($50) per dog in violation. This penalty may be waived by the court upon proof in the form of a certificate from a licensed veterinarian verified by the Metropolitan Health Department that each dog in violation has been spayed or neutered.

2. Second Violation. The penalty for the second violation of this section shall be not less than seventy-five dollars ($75) for each dog in violation.

3. Third Violation. The penalty for the third violation of this section shall be not less than one hundred and fifty dollars ($150) for each dog in violation. Further the court shall order that any outside area of the owner’s premises in which the dog or dogs may be kept shall be enclosed by a fence.

4. Fourth Violation. The penalty for the fourth violation of this section shall be not less than two hundred dollars ($200) for each dog violation and the court shall order that any outside area of the owner’s premises in which the dog or dogs might be kept or placed even if on a temporary basis shall be enclosed by fencing that is verified as secure by the Metropolitan Health Department.

5. Fifth Violation. The penalty for the fifth violation of this section shall be a penalty of five hundred dollars ($500) and the dog or dogs shall be seized and impounded by the Metropolitan Health Department, and shall not be released to the owner, and shall otherwise be disposed of in the manner provided by section 8.04.140 of the Metropolitan Code of Law.

Section 2. If any section, subsection, sentence, clause, phrase, term provision or portion of this ordinance is for any reason held invalid or unenforceable by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby, but shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions hereof.

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

Sponsored By: Leo Waters

LEGISLATIVE HISTORY
Introduced:	July 20, 1999
Passed First Reading:	July 20, 1999
Referred to:	Budget & Finance Committee Health, Hospitals & Social Services Committee
Passed Second Reading:	August 3, 1999
Passed Third Reading:	August 17, 1999
Approved:	August 20, 1999
By: