STRATEGIC PRIORITY: Quality of Life, Arts & Culture
AGENDA DATE: September 11, 2024
COUNCIL DISTRICT(S): All
DEPARTMENT: Department of Dallas Animal Services
EXECUTIVE: Alina Ciocan
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SUBJECT
Title
An ordinance amending sections of the Dallas City Code, Chapter 7, “Animals”, of the Dallas City Code by amending Sections 7-5.5, 7-5.6, 7-5.12, 7-5.13, 7-5.15, 7-5.16, and 7-8.1 (1) amending the ownership requirements for a dangerous or aggressive dog; (2) increasing the time to comply with the requirements for ownership of a dangerous dog or aggressive dog; (3) providing a noncompliance hearing for failing to comply with requirements for ownership of an aggressive dog; (4) providing a penalty not to exceed $500.00; (5) providing a saving clause; (6) providing a severality clause; and (7) providing an effective date - Financing: No cost consideration to the City
Body
BACKGROUND
The City Auditors identified the aggressive dog program as ineffective, because the ordinance needed to ensure owners comply with its requirements, in part due to the current language in the Dallas City Code, Chapter 7, Animals.
City Auditors proposed technical changes to Dallas City Code, Chapter 7, Animals, pertaining to the aggressive dog hearing requirements.
Two sections of Dallas City Code, Chapter 7, Article V-a, Aggressive Dogs create the expectations for compliance court hearings that are not operating as intended due to incomplete language adopted for the ordinance in 2018. Specifically:
Section 7-5.15 Requirements for Ownership of an Aggressive Dog;
Noncompliance Hearing:
• Currently, this section includes no details about how the noncompliance hearing will be held. Without details, no hearings are held.
- Amendments made to the requirements for ownership of an aggressive dog; noncompliance hearing; compliance timeframe; financial responsibility; noncompliance hearing requirements; municipal court actions and notifications
Section 7-5.16 (c) Attacks by an Aggressive Dog:
• Provides details about how a hearing will be held in municipal court, but incorrectly states the decision will be made by the Director of Dallas Animal Services. Court decisions must be made by the court and cannot be made by a department director.
- Amendments made to clearly define the role of the municipal court and that of the Department Director.
During further evaluation of Chapter 7, “Animals,” it was recommended the following sections be amended to align with legislative updates made to the Texas Health and Safety Code:
• Section 7-5.5, Requirements for a dangerous or aggressive dog; noncompliance hearing:
- Amending to include changes in days for compliance requirements, financial responsibilities
• Section 7-5.6, Attacks by dangerous dog; hearing:
- Amending language and time requirements for disposition
• Section 7-5.12, Definitions:
- Amending to add the definition of a secure enclosure as defined by Texas
Health and Safety Code Chapter 822, Subchapter D (4)
• Section 7-5.13, Determination as an aggressive dog:
- Amending to add language on possession and ownership
• Section 7-8.1, Violations; criminal and civil penalties:
- Amending to include Sec. 7-5.15 (a)
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Quality of Life, Arts, and Culture Committee was briefed by memorandum regarding this matter on November 7, 2023. <https://cityofdallas.legistar.com/View.ashx?M=F&ID=12417762&GUID=47763597-7558-4F8C-BF6F-1955EA17A3B4>
FISCAL INFORMATION
No cost consideration to the City.