SUBSTITUTE ORDINANCE NO. BL2014-841

An Ordinance amending Chapter 8.12 of the Metropolitan Code pertaining to the minimum size of outdoor animal enclosures.

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

Section 1. Chapter 8.12 of the Metropolitan Code is hereby amended by adding the following new Section 8.12.110:

8.12.110 Pen enclosures for dogs

A. For purposes of this section, “outdoor pen enclosure” means an enclosure (excluding fenced-in yards) used as the primary living area, or an area used regularly for an animal or animals to eat, sleep, drink, and eliminate. The configuration of the enclosure must be such that the dog can easily move about.

B. Outdoor pen enclosures shall meet the following minimum requirements:

1. Minimum size. Outdoor pen enclosures shall meet the square footage requirements set forth in Table 8.12.110 provided below based upon the number and size of dogs in the enclosure, provided that puppies less than three months in age shall not be counted for purposes of determining the minimum size of the enclosure.
2. The required amount of unoccupied space does not include that required for 'adequate shelter’ as defined in this chapter, but shall include adequate shade for all dogs in enclosure.
3. The pen or secure enclosure shall be constructed with chain link or other similar fencing material, as defined in section 16.24.330 of the metropolitan code, with all sides enclosed.
4. The floors of pens shall be constructed of such material or otherwise arranged so that there is no accumulation of standing water.
5. All pens shall be kept clean and sanitary and shall not be kept in a manner that creates a nuisance for the neighbors or neighborhood; nor filthy or dirty confinement conditions, including but not limited to exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill the dog upon contact, or other circumstances that could cause harm to the dog’s health.
6. The pen shall be sufficient height as to prevent the dog from escaping and, if a top is used, it must be at least 12 inches above the head of the tallest dog.

Table 8.12.110

MINIMUM SIZE FOR OUTDOOR PEN ENCLOSURES

Minimum square footage of unoccupied area (excluding doghouse) based on largest dog
Number of Dogs* Up to 25 Pounds 25 to 50 Pounds Over 50 Pounds Over 100 Pounds
1 20 50 80 100
2 50 80 100 150
3 80 100 150 200
4 100 150 200 250

*Add 50 square feet for each additional dog over and above four

Section 2. This Ordinance shall take effect from and after its enactment, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Karen Bennett, Scott Davis, Peter Westerholm, Anthony Davis

LEGISLATIVE HISTORY

Introduced: July 15, 2014
Passed First Reading: July 15, 2014
Referred to: Health, Hospitals and Social Services Committee
Amended: August 5, 2014
Deferred: August 5, 2014
Substitute Introduced: August 19, 2014
Passed Second Reading: August 19, 2014
Passed Third Reading: September 9, 2014
Approved: September 10, 2014
By: mayor's signature

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.