An ordinance amending the Metropolitan Code by amending Chapter 8.12 relating to cruelty to animals and providing authority for chemical capture of animals.

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

SECTION 1. That the provisions of Section 8.12.030 of the Metropolitan Code relating to cruelty to animals prohibited shall be and the same is hereby deleted in its entirety, and a new Section 8.12.030 is hereby substituted in lieu thereof:

"A. No person shall intentionally or willfully or knowingly kill, maim, torture, torment, grossly overwork or overload or cause any of the actions stated herein to be committed.

B. No person shall unreasonably or cause another person fail unreasonably to provide adequate food, water, care, or shelter to any animal in the person's custody or to abandon any animal in the person's custody. For the purposes of this section, "shelter" shall mean a structure or enclosure which provides an animal with protection from the elements (weather), which structure or enclosure must have a roof, floor, and three sides, and be of sufficient size as to allow each animal to stand up, lie down, and turn around in a natural position.

C. No person shall allow any animal to remain confined in such a manner as to unreasonably restrict the animal's ability to move, whether said confinement is by way of carrier, crate, kennel, stall, or similar enclosure, or by way of rope, chain, or cord. No person shall allow any dog to remain confined by way of rope, chain, or cord that is less than fifteen (15) feet in length.

D. No person shall administer any poisonous or noxious substance to any animal or expose any such substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, except when used to eradicate rodents, fowl or other animals which pose a significant health hazard to the public.

E. Any police officer or any employee of the Metropolitan Government authorized to enforce the provisions of Chapter 8.04 and 8.08 of the Metropolitan Code of Laws may lawfully interfere to prevent the perpetration of any act of cruelty as defined herein upon any animal in his presence. No person shall interfere with or obstruct any such officer or employee in the discharge of his duty."

SECTION 2. Chapter 8.12 of the Metropolitan Code shall be and the same is hereby amended by adopting the following new Section:

"8.12.070 Authority for Chemical Capture.

Animal Control officers employed by the Division of Metropolitan Animal Control Services may utilize equipment necessary in the chemical capture of animals that cannot be subdued by other means provided that such officers have successfully completed a minimum of eight (8) hours of training approved by the National Animal Control Association or similar agency. For the purpose of this Section, the phrase "chemical capture" means the impoundment of any animal using a tranquilizing drug in a humane manner, which renders the animal temporarily immobile."

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, Phil Ponder, David Briley, Ron Turner, Don Majors, Eileen Beehan, Michelle Arriola, Melvin Black, Brenda Gilmore, Leo Waters, Amanda McClendon, Bettye Balthrop, James Dillard, 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. BL2001-843

Mr. President:

I move to amend Ordinance No. BL2001-843 by amending Section 1 by deleting the following phrase in subsection C. wherein it appears:

"whether said confinement is by way of carrier, crate, kennel, stall, or similar enclosure, or by way of rope, chain, or cord".

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

AMENDMENT NO. 2

TO

ORDINANCE NO. BL2001-843

Mr. President:

I move to amend Ordinance No. BL2001-843 by amending Section 1 by deleting the provisions subsection D in its entirety and substituting in lieu thereof the following:

"D. No person shall administer any poisonous or noxious substance to any animal or expose any such substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, except when the animals exposed or administered such substances are rodents, fowl or other animals which pose a significant health hazard to the public."

Sponsored By: Janis Sontany
Amendment Adopted: December 4, 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
Deferred:	November 20, 2001
Amended:	December 4, 2001
Passed Second Reading:	December 4, 2001
Passed Third Reading:	December 18, 2001
Approved:	December 19, 2001
By: