ORDINANCE NO. BL2017-585

SUBSTITUTE ORDINANCE NO. BL2017-585

An ordinance amending chapters 8.12 and 8.20 of the Metropolitan Code of Laws regarding miscellaneous animal control regulations.

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

Section 1. Section 8.12.030 of the Metropolitan Code of Laws is hereby amended by adding the following as a new subsection B and renaming the other subsections as appropriate:

B. No person shall fail unreasonably or cause another person to 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, 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. “Elements” as used herein refers to weather conditions, including the following inclement weather conditions: freezing temperatures, a heat index of 95 degrees Fahrenheit (95° F) or above as determined by the National Weather Service, thunderstorms, or tornados.

B. No person shall fail to provide protection to pregnant animals, nursing females, or animals less than 6 months old from the following inclement weather conditions: freezing temperatures, a heat index of 95 degrees Fahrenheit (95° F) or above as determined by the National Weather Service, thunderstorms, or tornados.

~~Section 2. Section 8.12.030 of the Metropolitan Code of Laws is hereby further amended by~~ ~~deleting subsection C.6 (now D.6 under this Substitute Ordinance) in its entirety, renumbering the remaining subsections as necessary.~~

~~Section 3. Section 8.12.030 of the Metropolitan Code of Laws is hereby further amended by inserting the following~~ ~~as a new subsection E, and renumbering the remaining subsections:~~

E. No dog shall be kept outside during a period of extreme weather, including without limitation a heat index of ninety-five degrees Fahrenheit (95° F) or above as determined by the National Weather Service, freezing temperatures, thunderstorms, or tornados.

Section 4 2. Section 8.20.040 of the Metropolitan Code of Laws is hereby amended by deleting it in its entirety and substituting the following in lieu thereof:

8.20.040 - Care of confined animals.

Any person who shall impound or cause to be impounded, in any pound or other place, any creature, shall supply to the same during such confinement a sufficient quantity of good, wholesome food and water. Such persons ~~and~~ shall further provide protection from ~~the elements~~ inclement weather conditions, as ~~defined~~ listed in section 8.12.030.B of this title, to any creature that is pregnant, a nursing female, or less than six (6) months old.

Section 5 3. 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: Sheri Weiner

AMENDMENT NO. 1

SUBSTITUTE ORDINANCE NO. BL2017-585

Mr. President –

I move to amend Substitute Ordinance No. BL2017-585 as follows:

I. By amending Section 1 by deleting it in its entirety and substituting therefore the following:

Section 1. Section 8.12.030 of the Metropolitan Code of Laws is hereby amended by adding the following as a new subsection B and renaming the other subsections as appropriate:

B. No person shall allow pregnant animals, nursing females, or animals less than 6 months old to remain outdoors during periods of inclement weather unless such animal is accompanied by a custodian, keeper or handler. For purposes of this subsection, inclement weather conditions shall mean freezing temperatures, a heat index of 95 degrees Fahrenheit (95° F) or above as determined by the National Weather Service, thunderstorms, or tornados.

II. By amending Section 2 by deleting it in its entirety and substituting therefore the following:

Section 2. Section 8.20.040 of the Metropolitan Code of Laws is hereby amended by deleting it in its entirety and substituting the following in lieu thereof:

8.20.040 - Care of confined animals.

Any person who shall impound or cause to be impounded, in any pound or other place, any creature, shall supply to the same during such confinement a sufficient quantity of good, wholesome food and water. Such persons shall further provide protection from inclement weather conditions, as listed in section 8.12.030.B of this title, to any creature that is pregnant, a nursing female, or less than six (6) months old.

Any person who shall impound or cause to be impounded, in any pound or other place, any creature, shall supply to the same during such confinement a sufficient quantity of good, wholesome food and water. Such persons shall not allow any creature that is pregnant, a nursing female, or less than six (6) months old to remain outdoors during periods of inclement weather conditions as listed in section 8.12.030.B.

LEGISLATIVE HISTORY
Introduced:	February 7, 2017
Passed First Reading:	February 7, 2017
Referred to:	Health, Hospitals, and Social Services Committee
Deferred:	February 21, 2017
Deferred:	March 7, 2017
Substitute Introduced:	March 21, 2017
Passed Second Reading:	March 21, 2017
Amended:	April 4, 2017
Passed Third Reading:	April 4, 2017
Approved:	April 5, 2017
By: