City council acts on amendments to animal-related ordinances

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During their last meeting of 2016, the Daingerfield City Council approved two amendments to an existing ordinance.

In the two amendments brought forth by Daingerfield Police Chief Tracey Climer, the Council approved measures that would give the police department more “teeth,” so to speak, when dealing with animal control issues.

The first, Section 2.317, defines acts that are considered “cruel” when any person intentional or knowingly partakes in the activity. These include: torture; failure to provide food, water, shelter, and care; abandonment; or to transport or confine in a cruel manner. This amendment to the current ordinance also deems unlawful the following: causing an animal or fowl to fight another; using a live animal as a lure in dog race training or on a racetrack; tipping or tripping a cow or horse; and seriously overworking an animal.

Leaving an animal in a vehicle is also listed in Section 2.317, and outlines the steps that can be taken by animal service officers or police officers. It also identifies that all charges incurred, including medical treatment, impoundment, and disposal of the animal, as well as any dam age from removal of the vehicle, shall be the responsibility of the owner.

Section 2.317 concludes with: “(K) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine as set forth in section 1.106 of this Code of Ordinances.”

The second amendment proposed by Chief Climer deals with unlawful restraint. Section 2.318 begins by defining terms such as collar, properly fitted, and restrain/tether, as they apply to the code. An offense is committed if a chain, rope, tether, leash, cable or other device is used to attach a dog to a stationary object or trolley system. According to the section, “(B) It is a defense to prosecution under this section that: 1.The dog is being tethered during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or

2.The dog tethering is required to protect the safety or welfare of a person or the dog, and the dog’s owner maintains direct physical control of the dog; or

3. The dog tethering is due to force majeure and the dog is tethered for less than one hour within a twenty-four period; or

4. The dog tethering: a. occurs while the dog is within the owner’s direct physical control; and b. prevents the dog from advancing to the edge of any public right of way."

Section 2.318 also gives requirements for outdoor kennels. “(C) Outdoor kennels used to house and contain an animal must be at a minimum no less than 50 square feet per animal providing for adequate movement of each animal. Nursing animals under 3 months of age may be kenneled together.”

Any person found in violation of Section 2.318 will have 60 days from the date of enactment to make corrections. “(E) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine as set forth in section 1.106 of this Code of Ordinances.”

According to Chief Climer, “These ordinances will assist officers by using discretion on certain situations where animals are being abused. It gives officers more options on assisting abused animals.”

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