ORDINANCE NO. BL2016-527

An Ordinance amending chapter 8.04 of the Metropolitan Code of Laws regarding animal control officers and chapter 8.12 pertaining to outdoor animal enclosures.

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

Section 1. Chapter 8.04 of the Metropolitan Code of Laws is hereby amended by deleting the phrase “rabies control officers” from the first sentence of subsection 8.04.120 and substituting the phrase “animal control officers” in lieu thereof.

Section 2. Chapter 8.12 of the Metropolitan Code of Laws is hereby amended by deleting Section 8.12.110 in its entirety and substituting the following in lieu thereof:

8.12.110 - Pen enclosures for dogs.

A. For purposes of this section, "outdoor pen enclosure" means an enclosure (including 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 following minimum square footage requirements: Any animal maintained outdoors for all or part of the day in a fenced yard or other enclosed space shall be provided a minimum of 900 square feet of open space. An additional 100 square feet shall be required for each additional dog kept in the same enclosed area. 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 twelve inches above the head of the tallest dog.

7. In the summer, the animal must have access to shade when outside of the 'adequate shelter' as defined in this chapter; and in the winter, the shelter must be heated or be provided with adequate straw.

Section 3. Chapter 8.12 of the Metropolitan Code of Laws is hereby amended by deleting Table 8.12.110 in its entirety.

Section 4. 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: Mary Carolyn Roberts

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