An ordinance amending Chapter 8.12 of the Metropolitan Code of Laws regarding the treatment of animals.

WHEREAS, certain types of outdoor pet tethering can be cruel to pets, especially during inclement weather conditions; and

WHEREAS, unlimited tethering of pets can become dangerous to passersby and surrounding residents, including the caretaker of the pet; and

WHEREAS, while appropriate restrictions on pet containment may be necessary, pet containment restrictions should acknowledge that pet restraint is acceptable with appropriate safeguards built into the Code. Any interest in limited pet restraint should be balanced against the harmful impact of unrestricted pet tethering upon pets and surrounding residents;and

WHEREAS, certain types of pet containment can provide safer alternatives for keeping animals and citizens protected.

NOW, THEREFORE, BE IT ENACTED THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 8.12 of the Metropolitan Code of Laws be amended by deleting 8.12.030(C) in its entirety and substituting therein the following:

"C. No person shall allow any animal to remain confined in such a manner as to unreasonably restrict the animal's ability to move. No person shall allow any dog to remain confined by way of rope, chain, or cord unless:
1. The rope, chain, or cord confining the animal is not unreasonably heavy in proportion to the weight of the animal;
2. A swivel is located at both ends of the rope, chain, or cord (the end attached to stationary object and the end attached to the animal); and
3. The collar on the animal is properly fitted and is a collar that is commonly recognized as a pet collar (choke and pinch collars are not permitted)."

Section 2. That Chapter 8.12.030 of the Metropolitan Code of Laws be amended by inserting a new subsection (F), which section shall read as follows:
"F. Upon conviction for animal cruelty, the court may order that the person do any or all of the following:
1. Be precluded from owning, harboring, or having custody or control of companion animals for a period of time that the court deems reasonable.
2. Participate in available animal cruelty prevention program(s) and/or educational program(s) operated or approved by the Metro Animal Control Division of the Metro Public Health Department.
3. Undergo a behavioral health evaluation and comply with any recommendations resulting from the evaluation.
4. Forfeit to Metro Animal Control animals that are the basis of conviction.
5. Sterilize the companion animals, with sterilization being mandatory upon a second violation.
6. Pay appropriate fees and fines."

Section 3. That Chapter 8.12.030 of the Metropolitan Code of Laws be amended by inserting a new subsection (G), which section shall read as follows:
"G. Penalties
1. Upon the first conviction for violating 8.12.030(C), in addition to any or all of the actions set forth in 8.12.030(F), the individual shall be required to comply with 8.12.030(C).
2. Upon the second conviction for violating 8.12.030(C), in addition to any or all of the actions set forth in 8.12.030(F), the individual shall be required to install a running cable line or trolley system of restraint. Such running cable line or trolley system shall comply with all of the requirements in 8.12.030(C), as well as be at least ten (10) feet in length and mounted at least four (4) feet and no more than seven (7) feet above ground level."

Section 4. That Chapter 8.12.030 of the Metropolitan Code of Laws be amended by inserting a new subsection (H), which section shall read as follows:
"H. Any fees required to be paid for animal cruelty prevention programs or educational programs organized and taught by Metro Public Health Department staff shall be directed to the operating budget of the Metro Animal Control Division of the Metro Public Health Department and shall not be directed into the general fund for the Metropolitan Government."

Section 5. This Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Shulman, Billy Walls, Erik Cole

Amendment No. 1
To
Ordinance No. BL2006-1208

Mr. President:

I move to amend Ordinance No. BL2006-1208 by deleting Section 2 in its entirety and substituting in lieu thereof the following:

Section 2. That Chapter 8.12.030 of the Metropolitan Code of Laws be amended by inserting a new subsection (F), which section shall read as follows:

"F. Upon conviction for animal cruelty, the court may order that the person do any or all of the following:
1. Be precluded from owning, harboring, or having custody or control of companion animals for a period of time that the court deems reasonable.
2. Participate in available animal cruelty prevention program(s) and/or educational program(s) operated or approved by the Metro Animal Control Division of the Metro Public Health Department.
3. Forfeit to Metro Animal Control animals that are the basis of conviction.
4. Sterilize the companion animals, with sterilization being mandatory upon a second violation.
5. Pay appropriate fees and fines."

Sponsored by: Randy Foster

LEGISLATIVE HISTORY
Introduced:	October 3, 2006
Passed First Reading:	October 3, 2006
Referred to:	Health, Hospitals & Social       Services Committee
Amended:	October 17, 2006
Passed Second Reading:	October 17, 2006
Passed Third Reading:	November 21, 2006
Approved:	November 22, 2006
By: