An ordinance amending the Metropolitan Code by repealing Chapter 8.08 VICIOUS DOGS, and adopting a new Chapter 8.08 relating to vicious dogs.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That Chapter 8.08 of the Metropolitan Code shall be and the same is hereby repealed in its entirety.

SECTION 2. The following new Chapter 8.08 VICIOUS DOGS is hereby adopted:

"8.08.10 Definitions.

A. For the purpose of this Chapter, the following terms have the following meanings:

"Confined" means securely confined indoors, or confined outdoors in a securely enclosed locked pen or structure upon the premises of the owner of such dog. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be set in concrete no less than eighteen (18) inches in the ground. The size of the pen must be of sufficient size to house and shelter the said dog comfortably but no smaller than ten (10) feet by ten (10) feet.

"Guard dog" means any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog.

"Vicious dog" means any dog which attacks and bites a person or animal on any public or private property without provocation; any dog previously declared vicious in a court of law; or any dog owned or harbored primarily or in part for the purpose of dog fighting.

"Provocation" means any act that causes an animal to bite, scratch, or attack to protect itself, offspring, or owner.

"Bite" means a puncture or tear caused by the teeth of an animal resulting in a break of the skin sufficient to cause blood to be present in the wound.

B. Except as provided above, all other terms shall have the meaning as provided in Section 8.04.010 of the Metropolitan Code.

8.08.020 Guard Dogs.

It is unlawful for any person to place or maintain guard dogs in any area of the Metropolitan Government for the protection of persons or property unless the following provisions are met:

A. The guard dog shall be confined; or
B. The guard dog shall be under the absolute control of a handler at all times when not confined by way of lead or leash.
C. The owner or other persons in control of the premises upon which a guard dog is maintained shall post warning signs stating that such a dog is on the premises. At least one such sign shall be posted at each driveway or entranceway to said premises. Such signs shall be in lettering clearly from either the curb line or a distance of fifty (50) feet, whichever is less, and shall contain a telephone number where some person responsible for controlling such guard dog can be reached twenty-four (24) hours a day.

8.08.30 Vicious Dogs Prohibited.

It is unlawful for any person to keep or harbor a vicious dog within the area of the Metropolitan Government unless said dog is confined.

8.08.40 Impoundment - Authorized when - Fees.

Any vicious dog, not in compliance with the provisions of Section 8.08.030, may be taken into custody by the appropriate authorities of the department of health or of the metropolitan police department and impounded. The fees imposed by Section 8.04.130 of the Metropolitan Code shall be imposed upon and paid by the owner of such vicious dog so impounded to cover the costs of the Metropolitan Government in impounding said dog.

8.08.50 Impoundment - Court proceedings against Owner.

A. Upon receipt of a vicious dog complaint, the Division of Metro Animal Services shall investigate said complaint. No dog that is the subject of a vicious dog investigation may be relocated or ownership transferred pending the outcome of said investigation. Each vicious dog complaint shall be subject to the review of the Director of Metro Animal Services or his/her designee prior to initiating any action against the dog's owner.

B. If the Director of Metro Animal Services has probable cause to believe that a dog is in violation of any provision of the Chapter, the animal shall be impounded at the Metro Animal Services facility or a licensed veterinary clinic in Davidson County. The owner of the dog shall be charged with violating this Chapter, and proceedings initiated in the Metropolitan General Sessions Court against the owner.

8.08.060 Complaints of violations - Court findings.

If a complaint has been filed in the Metropolitan General Sessions Court against the owner of a dog for violation of this Chapter, the dog shall not be released from impoundment or disposed of except on order of the court, payment of all charges and costs under this Chapter, including penalties for violating this Chapter. The court may, upon making a finding that the dog is a vicious dog pursuant to this Chapter, order (a) the dog released from impoundment, provided the owner shall within three (3) days after the dog has been declared vicious, provide proof that a proper enclosure to adequately confine said vicious dog has been built subject to inspection by the Director of Metro Animal Services or his/her designee; (b) the dog is transported directly from Metro Animal Services to a licensed veterinarian where said dog shall be either tattooed or implanted with an electronic microchip for identification, a copy of the information contained thereon to be provided to the Division of Metro Animal Services; or (c) the dog be destroyed in a humane manner by the Division of Metro Animal Services."

SECTION 3. 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: Janis Sontany, Vic Lineweaver, Leo Waters, Amanda McClendon, Phil Ponder, David Briley, Bettye Balthrop, Ron Turner, Don Majors, Eileen Beehan, Melvin Black, Howard Gentry, Bob Bogen, Norma Hand, Don Knoch, Saletta Holloway, Ronnie Greer, Edward Whitmore, Morris Haddox, Chris Ferrell, Craig Jenkins, John Summers

AMENDMENT NO. 1

TO

ORDINANCE NO. BL2001-842

Mr. President:

I move to amend Ordinance No. BL2001-842 by amending Section 2 as follows:

1. By amending Section 8.08.10 Definitions by amending the definition of "confined" by deleting the sentence "Such pen or structure must have secure sides and a secure top." wherein it appears, and substituting in lieu thereof the following new sentence: "Such pen or structure must have secure sides, a secure top, and provide for appropriate shading."

2. By amending Section 8.08.10 Definitions by amending the definition of "provocation" by deleting it in its entirety and substituting in lieu thereof the following new definition: "'Provocation'" means any act that causes an animal to bite or attack to protect itself, offspring, owner, or property."

3. By amending Section 8.08.020 Guard Dogs by adding the following new provisions:

"D. The above provisions shall not be applicable to (1) dogs used in law enforcement by federal, state, or local law enforcement agencies or (2) dogs used by licensed security firms which have sufficient training as shall be certified by the Director of Metro Animal Services."

Sponsored By: Janis Sontany
Amendment Adopted: November 20, 2001

LEGISLATIVE HISTORY
Introduced:	October 2, 2001
Passed First Reading:	October 2, 2001
Referred to:	Health & Hospitals Committee
Deferred:	October 16, 2001
Amended:	November 20, 2001
Passed Second Reading:	November 20, 2001
Passed Third Reading:	December 4, 2001
Approved:	December 5, 2001
By: