ENACTED 08/03/1999

ORDINANCE NO. O99-1776

An ordinance amending Chapter 8.12 and Section 1.01.030 of the Metropolitan Code of Laws to prohibit cruelty to animals; inhumane transportation of animals and the fighting of animals throughout the area of the Metropolitan Government and authorizing enforcement of its provisions including impoundment by employees of the Metropolitan Health Department and the Metropolitan Police Department.

Whereas, the Nashville Humane Association, pursuant to the provisions of Tennessee Code Annotated 39-14-210, acted to enforce the laws of the State of Tennessee regarding cruelty to animals and animal fighting; and

Whereas, due to financial considerations, the Nashville Humane Association has recently suspended its enforcement activities; and

Whereas, there is a need to supplement the cruelty enforcement function of the Nashville Humane Association; and

Whereas Section 8.20.140 of the Metropolitan Code of Laws prohibits cruelty to animals, and Section 8.10.160 of the Metropolitan Code of Laws prohibits animal baiting and fighting but both sections apply to the urban services district; and

Whereas, it is in the best interests of the Metropolitan Government to revise the above-referenced code sections to authorize the Metropolitan Health Department to enforce the animal cruelty provisions and apply them throughout the area of the Metropolitan Government.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That Chapter 8.20 of the Metropolitan Code of Laws be amended by deleting Sections 8.20.140, 8:20.150 and 8.20.160.

Section 2. That Chapter 8.12 of the Metropolitan Code of Laws be amended by adding the following sections thereto:

8.12.030. Cruelty to animals prohibited.

A. No person shall intentionally or willfully or knowingly kill, maim, torture, torment, grossly overwork or overload or cause any of the actions stated herein to be committed.

B. No person shall fail unreasonably or cause another person to fail unreasonably to provide adequate food, water or shelter to any animal in the person's custody or to abandon any animal in the person's custody.

C. Any police officer or any employee of the Metropolitan Government authorized to enforce the provisions of Chapter 8.04 and 8.08 of the Metropolitan Code of Laws may lawfully interfere to prevent the perpetration of any act of cruelty as defined herein upon any animal in his presence. No person shall interfere with or obstruct any such officer or employee in the discharge of his duty.

8.12.040. Animal baiting or fighting prohibited.

A. No person shall own, possess, keep, use or train any bull, bear, cock, dog or other animal for the purpose of fighting, baiting or injuring another such animal for amusement, sport or gain.

B. No person shall knowingly cause or permit on any premises under the person's charge or control, any act prohibited in subsection (A) hereof.

8.12.050. Inhumane transportation of animals.

A. No person shall carry, or cause to be carried in or upon any

vehicle or other conveyance, any creature in a cruel or inhumane manner.

B. Whenever any person in violation of subsection A is taken into custody by an officer, the officer may take charge of such vehicle or other conveyance and its contents, and deposit the same in some safe place of custody. Any necessary expense incurred for taking charge of and keeping and sustaining the vehicle or other conveyance and its contents shall be paid before the vehicle or other conveyance can be recovered.

8.12.060. Impoundment.

Any animal that is found to be treated in violation of Sections 8.12.030; 8.12.040; and 8.12.050 may be impounded by any police officer or employee of the Metropolitan Government authorized to enforce the provisions of Chapters 8.04 and 8.08 of the Metropolitan Code of Laws for the protection of the animal. Any animal so impounded shall be handled in accordance with the procedures of Section 8.04.140 of the Metropolitan Code of Laws.

Section 3. ThatSection 1.01.030(B) be amended to add the new Sections 8.12.030, 8.12.040 and 8.12.050 to the list of Metropolitan of Laws sections subject to a penalty not to exceed $500.

Section 4. That should any clause or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole or any provision other than the part declared to be unconstitutional or invalid, such section, clause and provision hereof being declared severable.

Section 5. That this ordinance shall take effect upon its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Janis Sontany& Leo Waters

Amendment No. 1

To

Ordinance No. 099-1776

Mr. President,

I move to amend Section 2. of Ordinance No. 099-1776 as follows:

1. Insert the words "and may be disposed of in the same manner provided in" after the words "in accordance with the procedures of' and before the words "Section 8.04.140 of the Metropolitan Code of Laws" in subsection 8.12.060.

Sponsored by: Janis Sontany
Amendment Adopted: July 20, 1999

LEGISLATIVE HISTORY

Introduced: June 15, 1999
Passed First Reading: June 15, 1999
Referred to: Public Safety Committee
Health, Hospitals & Social Services Committee
Amended: July 20, 1999
Passed Second Reading: July 20, 1999
Passed Third Reading: August 3, 1999
Approved: August 11, 1999
By: mayor.gif (527 bytes)