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Tennessee - Nashville

Metro Government of Nashville and Davidson County, Tennessee, Code of Ordinances. CHARTER AND RELATED LAWS COMPARATIVE TABLE. Title 8 - ANIMALS.

Last Checked by Web Center Staff: 06/2012
Disclaimer: Due to the overwhelming number of cities and counties across the United States, the Animal Legal & Historical Center's collection reflects only a sample of all animal-related ordinances. Many ordinances are not complete sets and have been edited for a particular topic. If you do not see your city or county listed on the website, please refer to your local government’s website or try searching Municode or American Legal Publishing (http://www.amlegal.com/library/ and http://www.municode.com/Library). Please note that we update ordinances once a year, so the ordinances on this website may not be the most current version.
Statute Details
Printable Version

Citation: Title 8 - ANIMALS

Summary:  

These are the animal ordinances for the Metro Government of Nashville and Davidson County, Tennessee. These laws include dog laws (including vicious dogs), wildlife and animal control regulations. 



Ordinance Text in Full:

 

Chapter 8.04 - DOGS
Chapter 8.08 - VICIOUS DOGS
Chapter 8.12 - MISCELLANEOUS ANIMAL CONTROL REGULATIONS
Chapter 8.16 - WILDLIFE
Chapter 8.20 - ANIMAL CONTROL REGULATIONS—URBAN SERVICES DISTRICT
Chapter 8.24 - ANIMAL CONTROL REGULATIONS—SECOND CIVIL DISTRICT

Chapter 8.04 - DOGS
Sections:

8.04.010 - Definitions.

8.04.020 - Rabies vaccination required.

8.04.030 - Rabies vaccination—Administration—Standards.

8.04.040 - Licenses—Fees—Expiration—Exceptions for kennel operators.

8.04.050 - Collection and disposition of fees.

8.04.060 - Licenses—Issuance—Records.

8.04.070 - License tags.

8.04.080 - Failure to pay license fee.

8.04.090 - Confinement required—Female dogs in heat.

8.04.100 - Confinement required—Animals suspected of having rabies.

8.04.110 - Running at large prohibited—Seizure of animals.

8.04.120 - Authority to impound dogs.

8.04.130 - Impoundment fees—Redemption.

8.04.140 - Disposition of unclaimed or unlicensed dogs.

8.04.150 - Concealment of dogs.

8.04.160 - Interfering with police officers or health department officials unlawful.

8.04.170 - Exemption from chapter—Dogs in transport.

8.04.180 - Removal of excrement.

8.04.190 - Pet dogs in outdoor dining areas at restaurants.


Chapter 8.08 - VICIOUS DOGS
Sections:

8.08.010 - Definitions.

8.08.020 - Guard dogs.

8.08.030 - Vicious dogs prohibited.

8.08.040 - Impoundment—Authorized when—Fees.

8.08.050 - Impoundment—Court proceedings against owner.

8.08.060 - Complaints of violations—Court findings.

Chapter 8.12 - MISCELLANEOUS ANIMAL CONTROL REGULATIONS
Sections:

8.12.010 - Keeping of animals that disturb the peace.

8.12.020 - Keeping of chickens.

8.12.030 - Cruelty to animals prohibited.

8.12.040 - Animal baiting or fighting prohibited.

8.12.050 - Inhumane transportation of animals.

8.12.060 - Impoundment.

8.12.070 - Authority for chemical capture.

8.12.080 - Companion animal hoarding.

8.12.090 - Animal offender school.

8.12.100 - Outdoor sale or gifting of animals prohibited.

Chapter 8.16 - WILDLIFE
Sections:

8.16.010 - Definitions.

8.16.020 - Keeping wildlife—Prohibited when.

8.16.030 - Exceptions.

8.16.040 - Keeping wildlife—Certificate required—Fee.

8.16.050 - Certificate—Council approval.

8.16.060 - Certificate—Renewal.

Chapter 8.20 - ANIMAL CONTROL REGULATIONS—URBAN SERVICES DISTRICT
Sections:

8.20.010 - License tag—Removal prohibited.

8.20.020 - Treatment for persons bitten by rabid dog recommended—Expenses paid when.

8.20.030 - Animals exposed to rabies—Confinement required.

8.20.040 - Care of confined animals.

8.20.050 - Running at large of certain animals prohibited.

8.20.060 - Fowl at large prohibited—Impoundment.

8.20.070 - Impounded fowl—Redemption—Sale.

8.20.080 - Impounded animals—Redemption—Sale.

8.20.090 - Moneys collected—Poundmaster's duties.

8.20.100 - Keeping livestock—Permit required—Regulation by department of health.

8.20.110 - Cattle quarters—Health regulations.

8.20.120 - Sale of livestock on streets.

8.20.130 - Keeping of hogs prohibited.

8.20.170 - Killing birds and squirrels prohibited.

Chapter 8.24 - ANIMAL CONTROL REGULATIONS—SECOND CIVIL DISTRICT
Sections:

8.24.010 - Keeping hogs—Permit required when.

 

8.04.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

At large. A dog is considered to be running "at large" when such dog is off the premises of the owner and not under the control of the owner, either by leash, cord, chain or otherwise; provided that a dog shall not be considered running "at large" when:

A.
The dog is off the premises of the owner, if such dog shall be accompanied by the owner and the owner shall have full command of such dog; or

B.
The dog is a hunting dog and is in chase or in training and accompanied by a responsible person.


"Board of health" means the metropolitan board of health of the Metropolitan Government of Nashville and Davidson County, Tennessee.

"Department" means the department of health of the Metropolitan Government of Nashville and Davidson County, Tennessee, and shall include the board, agents, employees and activities.

"Director" means the chief medical director or his designated representative.

"Dog" means all members of the dog family, including both male and female.

"Owner" means any person having a right of property in a dog, or who keeps or harbors a dog, or who has it in his care, or acts as its custodian, or who permits a dog to remain on or about any premises.

"Vaccination" means the process whereby an animal is immunized against rabies using a vaccine and a technique approved by the board of health.

(Prior code § 8-1-2)

8.04.020 - Rabies vaccination required.

It is unlawful for any owner to keep, harbor or permit to remain on or about any premises any dog over six months of age which has not been vaccinated against rabies as required by the board of health. A certificate of such vaccination shall be issued by a licensed veterinarian duly authorized to administer such a vaccination, and such certificate shall be kept by the person who owns, keeps, harbors such dog, subject to the inspection of the chief medical director. In those instances where the issuance of a license, as provided in Section 8.04.040, may be accomplished at the same time the dog is vaccinated, such as at the annual rabies clinics sponsored by the department of health, the issuance of a certificate of vaccination may be dispensed with, although the same will be issued upon request.

(Prior code § 8-1-3)

8.04.030 - Rabies vaccination—Administration—Standards.

It shall be the duty of the veterinarian, duly licensed by the state board of veterinary medical examiners and approved by the board of health, to administer such a vaccination and to perform the vaccination in such a manner as meets the standards of the metropolitan board of health. The board of health will consult with the Davidson County Academy of Veterinary Medicine in determining the type or types of vaccine to be used, standards prescribed for the vaccine and to determine the frequency and method of its administration. This section shall apply only to the administration of the annual rabies clinic sponsored by the department of health.

(Prior code § 8-1-4)

8.04.040 - Licenses—Fees—Expiration—Exceptions for kennel operators.

A.
Any person owning, keeping or harboring on the premises where they reside, any dog six months of age or over, shall pay to the chief medical director a fee of four dollars for each dog owned, kept or harbored. All licenses issued shall be valid for twelve months and shall expire on the last day of the month issued of the following year.

B.
1. Persons operating kennels where dogs are bred for sale shall not be required to pay the above license fee, but in lieu thereof shall pay a license fee as kennel keeper as follows: 8.04.040

a.
For each kennel of less than ten dogs, twenty dollars per year or any fraction thereof;

b.
For each kennel of from ten to twenty dogs, twenty dollars per year or any fraction thereof;

c.
For each kennel of over twenty dogs, thirty dollars per year, or any fraction thereof.

2.
At the time such license fee is paid, there shall be presented to the department of health, at the time of making the application, an affidavit showing under oath the number of dogs to be kept at the kennel for which application is made. All sums collected hereunder shall be collected by the chief medical director annually on or before April 1st, or at such time as the kennel shall be open for operation, as provided herein.

(Amdt. 1 to Ord. 89-995, 10/17/89; Ord. 89-995 § 1, 1989; prior code § 8-1-5)

8.04.050 - Collection and disposition of fees.

It shall be the duty of the chief medical director to collect all fees imposed under this chapter. The chief medical director shall appoint certain officials as may be necessary to work in cooperation with and under the supervision of the director of finance to establish and prescribe the times and manner in which the fees received shall be deposited in the general fund.

(Prior code § 8-1-17)

8.04.060 - Licenses—Issuance—Records.

It shall be the duty of the chief medical director to collect the license fees under this chapter. He shall, in a well bound book to be furnished by the metropolitan government, record the name of each owner of any dog, the date and amount of such payment, the description and sex of each dog on which a license fee is paid, the license tag number issued by him for such dog and the date when such dog was vaccinated. Unless such certificate of vaccination is exhibited at the time request is made for a license, the chief medical director shall issue no license, except as provided in Section 8.04.020. On receipt of the payment of the license fee, the chief medical director shall issue to the person paying the same a receipt to be furnished by the metropolitan government, showing the name of the owner of the dog or kennel on which such license fee is paid, the date and amount of such payment, the license tag number issued for each dog and the date of vaccination of such dog, and shall deliver to the owner a license tag bearing the serial number and the year for which the license fee is paid.

(Prior code § 8-1-7)

8.04.070 - License tags.

Dog license tags issued pursuant to this chapter shall be supplied by the department of health, to be made available in its budget, out of the revenues of the metropolitan government. It shall be the duty of the owner to attach such license tag to a collar which shall be worn at all times by each dog licensed. In the event of the loss of such license tag, the department of health shall issue a duplicate tag, for which the owner shall pay a fee of two dollars, and such duplicate tags shall be forthwith attached to the dog collar and at all times worn thereon; provided, that the collar may be removed in cases of hunting dogs while in chase or while in training. A dog tag shall not be transferable from one dog to another. No refunds shall be made on any dog license fee.

(Ord. 89-995 § 2; prior code § 8-1-8)

8.04.080 - Failure to pay license fee.

It is unlawful for any person or owner to keep or harbor any dog for which a license fee on such dog has not been paid as required by this chapter.

(Prior code § 8-1-6)

8.04.090 - Confinement required—Female dogs in heat.

Every owner of a female dog is required to confine the same during the time she is in heat. The confinement required by this section shall be such that other dogs may not get to the female dog. It is unlawful for any owner of a female dog not to so confine such dog as required by this section.

(Prior code § 8-1-12.1)

8.04.100 - Confinement required—Animals suspected of having rabies.

If any animal has bitten any person, or is suspected of having bitten any person, or is for any reason suspected of being infected with rabies, the department of health may cause the animal to be confined or isolated for such time as it is deemed necessary by the chief medical director to protect the safety of people and of property. Such confinement or isolation shall be at a place designated by the chief medical director.

(Prior code § 8-1-12)

8.04.110 - Running at large prohibited—Seizure of animals.

A.
Any dog found running at large may be seized by the proper authorities of the health and police departments of the metropolitan government or, within the area of their respective jurisdiction, by employees of satellite cities who have been duly appointed to do same by the city manager or governing body of the satellite city. A dog is considered to be running at large when such dog is off the premises of the owner and not under the control of the owner, either by leash, cord, chain or otherwise; provided, that a dog shall not be considered running at large when the dog is off the premises of the owner if such dog shall be accompanied by the owner and the owner shall have full command of such dog or the dog is a hunting dog and is in chase or in training and accompanied by a responsible person.

B.
It is unlawful for any person to allow a dog belonging to him or under his control, or who keeps or harbors a dog, or who has it in his care, or acts as its custodian, or that may be habitually found on premises occupied by him, to run at large, and any such person whose dog is found to be running at large shall be guilty of a misdemeanor and subject to the penalty and punishment set out in Title 1 of this code. 8.04.110

C.
When any person is charged with a violation of this section, the chief medical director, or his designated representative, is authorized to issue citations for such violations. When a citation is issued for a violation of this section, it shall be the duty of the metropolitan court in which such case is set for trial to try the same without the issuance or service of a warrant upon such defendant, provided the defendant has signed a waiver on such citation agreeing to come to court and waiving the issuance and service of a warrant upon him.

D.
The penalties for violation of this section shall be as follows:

1.
First Violation. The penalty for the first violation of this section shall be not less than fifty dollars per dog in violation. This penalty may be waived by the court upon proof in the form of a certificate from a licensed veterinarian verified by the metropolitan health department that each dog in violation has been spayed or neutered.

2.
Second Violation. The penalty for the second violation of this section shall be not less than seventy-five dollars for each dog in violation.

3.
Third Violation. The penalty for the third violation of this section shall be not less than one hundred and fifty dollars for each dog in violation. Further the court shall order that any outside area of the owner's premises in which the dog or dogs may be kept shall be enclosed by a fence.

4.
Fourth Violation. The penalty for the fourth violation of this section shall be not less than two hundred dollars for each dog violation and the court shall order that any outside area of the owner's premises in which the dog or dogs might be kept or placed even if on a temporary basis shall be enclosed by fencing that is verified as secure by the metropolitan health department.

5.
Fifth Violation. The penalty for the fifth violation of this section shall be a penalty of five hundred dollars and the dog or dogs shall be seized and impounded by the metropolitan health department, and shall not be released to the owner, and shall otherwise be disposed of in the manner provided by Section 8.04.140 of the Metropolitan Code of Law.

(Ord. 99-1808 § 1, 1999; Ord. 89-995 § 3, 1989; prior code § 8-1-9)

8.04.120 - Authority to impound dogs.

All police officers and rabies control officers or duly authorized employees of satellite cities within their respective jurisdictions, shall have the right to take up and put into the pound of the metropolitan government any dog found in violation of any provision of this chapter. However, before employees of a satellite city shall place a dog in the pound, such satellite city shall have an agreement with the metropolitan health department governing the impoundment and disposition of such dog.

(Prior code § 8-1-14)

8.04.130 - Impoundment fees—Redemption.

A.
When any dog is impounded pursuant to the authority granted by the metropolitan code, and if the dog bears a tag or identification, an attempt shall be made to contact the owner to appear within seven days and redeem said dog. The owner shall pay for each dog seized and impounded an impoundment fee; and for each day or fraction thereof the dog remains unclaimed, a boarding fee, both in accordance with the current fee schedule. Such fee schedule, and all amended fee schedules, shall be approved by the board of health and authorized by passage of a resolution by the council.

B.
A current copy of the fee schedule shall be posted on the metropolitan public health department website and in a conspicuous place in the metropolitan animal care and control animal shelter. A copy shall also be kept in the office of metropolitan public health department's bureau of environmental health services.

C.
Three dollars ($3.00) of the daily dog boarding fees shall be deposited regularly with the metropolitan treasurer in a separate revenue account and shall be used to fund animal education and welfare programs of the metropolitan animal care and control division of the metropolitan health department.

D.
If the dog impounded has not been registered or vaccinated against rabies as required by law, the owner shall, before being permitted to regain possession of the dog, have the dog vaccinated and licensed. The director of health is also authorized to have a veterinarian humanely implant any animal lawfully impounded with an electronic microchip that will allow the animal to be positively identified, which shall be at the owners or possessor's sole expense, before being released back into their custody.

The impoundment and boarding fees authorized pursuant to this section shall initially be as follows:

1.
Dog boarding fees shall be $18.00 per day.

2.
Dog impound fees shall be $50.00 per impoundment.


(Ord. BL2009-382 §§ 1, 2, 2009; Ord. 89-995 § 4, 1989; prior code § 8-1-10)

8.04.140 - Disposition of unclaimed or unlicensed dogs.

A.
It shall be the duty of the chief medical director to keep any licensed dog impounded for running at large or impounded under Section 8.12.060 for a period of seven days from the date notice is mailed to the owner of record as determined by the license. Any unlicensed dog that is impounded shall be kept for a period of three working days beginning with the date of seizure. At the expiration of the applicable period of days such impounded dog may be disposed of as follows:

1.
Whenever any individual shall apply to the department of health for permission to adopt or buy any impounded dog remaining unclaimed, the chief medical director may sell to the individual such unclaimed dogs or surrender such dogs to the individual for adoption upon a payment of a fee set by the board of health.

2.
Whenever any dogs remain unclaimed, such dogs may be destroyed in a manner to be determined by the chief medical director.

B.
Any person who does not desire to pay the license fee, provided by this chapter upon any dog owned, kept or harbored on premises owned by him shall bring such dog to the pound operated by the metropolitan government to be disposed of.

C.
Notwithstanding subsection A of this section, the chief medical director, upon the advice of a licensed veterinarian, may dispose of a dog immediately if he/she determines the dog is suffering from rabies or other infectious or dangerous diseases, or is in misery, or if he/she determines such immediate disposition furthers the public's health and safety. (Amdts. 1, 2 with Ord. 99-1796 § 1, 1999)

8.04.150 - Concealment of dogs.

No person shall hide, conceal or aid or assist in hiding or concealing any dog owned, kept or harbored in violation of any of the provisions of this chapter.

(Prior code § 8-1-13)

8.04.160 - Interfering with police officers or health department officials unlawful.

It is unlawful for any person to interfere with or hinder any police officer or any official of the health department, including the dog catcher, in the discharge or apparent discharge of his duty enforcing the provision of this chapter.

(Prior code § 8-1-15)

8.04.170 - Exemption from chapter—Dogs in transport.

An owner transporting a dog through the metropolitan government area is exempt from the provisions of this chapter; provided, that such dog shall be securely confined or on a leash during its transportation through the metropolitan government area; and provided further, that such dog shall not remain in the metropolitan government area for more than thirty days.

(Prior code § 8-1-16)

8.04.180 - Removal of excrement.

A dog owner shall clean up and remove any excrement left by his or her dog(s) on any public property or private property not owned or lawfully possessed by the dog owner. Violations of this section shall be punishable by a fifty-dollar fine.

(Amdt. 1 with Ord. BL2004-302 § 1, 2004)

8.04.190 - Pet dogs in outdoor dining areas at restaurants.

A.
Definition of "pet dog." For purposes of this section, "pet dog" means a dog other than a service or guide dog assisting a person with a disability or a dog actually engaged in training to become a service or guide dog.

B.
Permit authorizing pet dogs in outdoor dining areas of restaurants. The owner or proprietor of any restaurant which maintains an outdoor dining area may apply to the department for a permit authorizing persons to allow pet dogs to be present upon the premises of the outdoor dining area subject to the following terms and conditions:

1.
All pet dogs brought upon the premises of a restaurant outdoor dining area shall have a current rabies vaccination and current license tag affixed to the dog's collar as required by Chapter 8.04 of the Metropolitan Code.

2.
No pet dog shall be present in the interior of any restaurant or in any area where food is prepared;

3.
The restaurant shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog otherwise is behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant;

4.
All restaurant employees shall wash their hands promptly after touching, petting or otherwise handling a pet dog. Employees shall be prohibited from touching, petting or otherwise handling pet dogs while serving food or beverages, or handling tableware, or before entering other parts of the public food service establishment;

5.
Employees and patrons shall be instructed that they shall not allow pet dogs to come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations;

6.
Patrons shall keep their pet dogs on a non-retractable leash no longer than six feet at all times and keep their pet dogs under reasonable control;

7.
Pet dogs shall not be allowed on chairs, tables or other furnishings;

8.
Accidents involving pet dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area;

9.
A sign or signs reminding employees and patrons of the applicable rules shall be posted in a visible location upon the premises of the outdoor dining area.

10.
Pet dogs shall not be permitted to travel through indoor or nondesignated portions of the restaurant, and ingress and egress to the designated outdoor portions of the restaurant shall not require entrance into or passage through any indoor area of the restaurant.

C.
Permit fee. Any restaurant owner and/or proprietor wishing to obtain a permit authorizing pet dogs in outdoor dining areas shall complete an application form provided by the department and pay an annual permit fee in the amount of twenty dollars. The application shall request such information as deemed appropriate by the department, including, but not limited to, the names and contact information for at least one person responsible for management of the business during all hours when the business is open to the public. The application also shall contain a certification that the applicant is aware of all laws, ordinances, rules and regulations pertaining to permitting dogs to be in outdoor dining areas, together with an affirmative statement to be signed by the applicant verifying that the applicant shall abide by all such laws, ordinances, rules and regulations at all times.

D.
Any applicant/permittee shall fully cooperate with any governmental entity having responsibility for enforcement of Title 53, Chapter 1 of the Tennessee Code Annotated, and any other applicable statutes and ordinances.

E.
Enforcement. Obligations imposed by this ordinance on the owner of or person responsible for a pet dog shall be enforced against the owner or the person responsible for the dog. Obligations imposed by this section on the restaurant or the employees thereof shall be enforced against the employee(s) or agent(s) of the restaurant responsible for the violation. Obligations that may reasonably be construed as being imposed against either the owner of or person responsible for a pet dog, or the employee(s) or agent(s) of the restaurant, may be enforced against the owner of or person responsible for the pet dog, or the employee(s) or agent(s) of the restaurant responsible for the violation, or both. Any violation of this Section by an agent or employee of the restaurant, or by the owner of or person responsible for the pet dog shall result in a fine not to exceed fifty dollars for each offense. The owner or person responsible for a pet dog that fails to clean up dog waste within a restaurant outdoor dining area as required by subsection B.8 of this section shall not be cited under Section 8.04.180 of the Metropolitan Code, but shall be cited under the provisions of this section.

F.
Revocation of permit. In addition to the penalties set forth in subsection E. of this section, any violation of this ordinance by the holder of the permit shall also subject the permit holder to revocation of the permit.

(Amdt. 1 to Ord. BL2010-761 § 1; Ord. BL2010-761 § 1, 2010)


8.08.010 - Definitions.

A.
For the purpose of this chapter, the following terms have the following meanings:

"Bite" means a puncture or tear caused by the teeth of an animal resulting in a break of the skin sufficient to cause blood to be present in the wound.

"Confined" means securely confined indoors, or confined outdoors in a securely enclosed locked pen or structure upon the premises of the owner of such dog. Such pen or structure must have secure sides, a secure top and provide for appropriate shading. If the pen or structure has no bottom secured to the sides, the sides must be set in concrete no less than eighteen inches in the ground. The size of the pen must be of sufficient size to house and shelter the said dog comfortably but no smaller than ten feet by ten feet.

"Guard dog" means any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog.

"Provocation" means any act that causes an animal to bite or attack to protect itself, offspring, owner or property.

"Vicious dog" means any dog which attacks and bites a person or animal on any public or private property without provocation; any dog previously declared vicious in a court of law; or any dog owned or harbored primarily or in part for the purpose of dog fighting.

B.
Except as provided above, all other terms shall have the meaning as provided in Section 8.04.010 of the Metropolitan Code.

(Amdt. 1 §§ 1 and 2 with Ord. 2001-842 § 2 (part), 2001; Ord. 89-737 § 1, 1989)

8.08.020 - Guard dogs.

It is unlawful for any person to place or maintain guard dogs in any area of the metropolitan government for the protection of persons or property unless the following provisions are met:

A.
The guard dog shall be confined; or

B.
The guard dog shall be under the absolute control of a handler at all times when not confined by way of lead or leash.

C.
The owner or other persons in control of the premises upon which a guard dog is maintained shall post warning signs stating that such a dog is on the premises. At least one such sign shall be posted at each driveway or entranceway to said premises. Such signs shall be in lettering clearly visible from either the curb line or a distance of fifty feet, whichever is less, and shall contain a telephone number where some person responsible for controlling such guard dog can be reached twenty-four hours a day.

D.
The above provisions shall not be applicable to (1) dogs used in law enforcement by federal, state or local law enforcement agencies or (2) dogs used by licensed security firms which have sufficient training as shall be certified by the director of metro animal services.


(Amdt. 1 § 3 with Ord. 2001-842 § 2 (part), 2001; Ord. 89-737 § 4, 1989)

8.08.030 - Vicious dogs prohibited.

A.
It shall be unlawful for any person to keep or harbor a vicious dog within the area of the metropolitan government unless said dog is confined.

B.
In addition to the court actions set forth in Section 8.08.060 of this chapter, upon being found in violation of the provisions of this section, the court may order that the person do one or both of the following:

1.
Be precluded from owning, harboring, or having custody or control of companion animals for a period of time that the court deems reasonable.

2.
Pay appropriate fines and fees.

(Amdt. 1 to Ord. BL2007-1316 § 1, 2007; Ord. BL2007-1316 § 1, 2007; Ord. 2001-842 § 2 (part), 2001; Ord. 89-737 § 2, 1989)

8.08.040 - Impoundment—Authorized when—Fees.

Any vicious dog, not in compliance with the provisions of Section 8.08.030 may be taken into custody by the appropriate authorities of the department of health or of the metropolitan police department and impounded. The fees imposed by Section 8.04.130 of the Metropolitan Code shall be imposed upon and paid by the owner of such vicious dog so impounded to cover the costs of the metropolitan government in impounding said dog.

(Ord. 2001-842 § 2 (part), 2001; Ord. 89-737 § 3(a), 1989)

8.08.050 - Impoundment—Court proceedings against owner.

A.
Upon receipt of a vicious dog complaint, the division of metro animal services shall investigate said complaint. No dog that is the subject of a vicious dog investigation may be relocated or ownership transferred pending the outcome of said investigation. Each vicious dog complaint shall be subject to the review of the director of metro animal services or his/her designee prior to initiating any action against the dog's owner.

B.
If the director of metro animal services has probable cause to believe that a dog is in violation of any provision of the chapter, the animal shall be impounded at the metro animal services facility or a licensed veterinary clinic in Davidson County. The owner of the dog shall be charged with violating this chapter, and proceedings initiated in the metropolitan general sessions court against the owner.

(Ord. 2001-842 § 2 (part), 2001; Ord. 89-737 § 3(b), 1989)

8.08.060 - Complaints of violations—Court findings.

If a complaint has been filed in the metropolitan general sessions court against the owner of a dog for violation of this chapter, the dog shall not be released from impoundment or disposed of except on order of the court, payment of all charges and costs under this chapter, including penalties for violating this chapter. The court may, upon making a finding that the dog is a vicious dog pursuant to this chapter, order (a) the dog released from impoundment, provided the owner shall within three days after the dog has been declared vicious, provide proof that a proper enclosure to adequately confine said vicious dog has been built subject to inspection by the director of metro animal services or his/her designee; (b) the dog is transported directly from metro animal services to a licensed veterinarian where said dog shall be either tattooed or implanted with an electronic microchip for identification, a copy of the information contained thereon to be provided to the division of metro animal services; or (c) the dog be destroyed in a humane manner by the division of metro animal services.

(Ord. 2001-842 § 2 (part), 2001; Ord. 89-737 § 3(c), 1989)


8.12.010 - Keeping of animals that disturb the peace.

A.
It is unlawful for any person to keep any animal, dog, bird or fowl which, by causing frequent or loud continued noise, disturbs the comfort or repose of any person in the vicinity.

B.
Violation of this section shall be declared to be public nuisance which violation may be enjoined by any court of competent jurisdiction.

(§ 2 of Amdt. 1 to Ord. 90-1275, 7/17/90; Ord. 90-1275 §§ 1, 2, 1990)

8.12.020 - Keeping of chickens.

No person shall keep chickens within the metropolitan government area in such a manner that a nuisance is created.

(Prior code § 8-1-1)

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, 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 (weather), 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.

C.
No person shall allow any animal to remain confined in such a manner as to unreasonably restrict the animal's ability to move. No person shall allow any dog to remain confined by way of rope, chain, or cord unless:

1.
The rope, chain, or cord confining the animal is not unreasonably heavy in proportion to the weight of the animal;

2.
A swivel is located at both ends of the rope, chain, or cord (the end attached to stationary object and the end attached to the animal); and

3.
The collar on the animal is properly fitted and is a collar that is commonly recognized as a pet collar (choke and pinch collars are not permitted); and

4.
The rope, chain, or cord is not less than fifteen feet in length.

D.
No person shall administer any poisonous or noxious substance to any animal or expose any such substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, except when the animals exposed or administered such substances are rodents, fowl or other animals which pose a significant health hazard to the public.

E.
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.

F.
Upon conviction for animal cruelty, the court may order that the person do any or all of the following:

1.
Be precluded from owning, harboring, or having custody or control of companion animals for a period of time that the court deems reasonable.

2.
Participate in available animal cruelty prevention program(s) and/or educational program(s) operated or approved by the metro animal control division of the metro public health department.

3.
Forfeit to metro animal control animals that are the basis of conviction.

4.
Sterilize the companion animals, with sterilization being mandatory upon a second violation.

5.
Pay appropriate fees and fines.

G.
Penalties:

1.
Upon the first conviction for violating [Section] 8.12.030C, in addition to any or all of the actions set forth in [Section] 8.12.030F, the individual shall be required to comply with [Section] 8.12.030C.

2.
Upon the second conviction for violating [Section] 8.12.030C, in addition to any or all of the actions set forth in [Section] 8.12.030F, the individual shall be required to install a running cable line or trolley system of restraint. Such running cable line or trolley system shall comply with all of the requirements in [Section] 8.12.030C, as well as be at least ten feet in length and mounted at least four feet and no more than seven feet above ground level.

H.
Any fees required to be paid for animal cruelty prevention programs or educational programs organized and taught by metro public health department staff shall be directed to the operating budget of the metro animal control division of the metro public health department and shall not be directed into the general fund for the metropolitan government.

(Ord. BL2009-418 § 1, 2009; Amdt. 1 to Ord. BL2006-1208 § 2, 2006; Ord. BL2006-1208 §§ 1—4, 2006; Amdt. 1 and 2 with Ord. 2001-843 § 1, 2001; Ord. 99-1776 § 2 (part), 1999)

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 of this section.

(Ord. 99-1776 § 2 (part), 1999)

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 of this section 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.

(Ord. 99-1776 § 2 (part), 1999)

8.12.060 - Impoundment.

Any animal that is found to be treated in violation of Sections 8.12.030, 8.12.040, 8.12.050, or 8.12.080 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 and may be disposed of in the same manner provided in Section 8.04.140 of the Metropolitan Code of Laws.

(Ord. BL2005-859 § 2, 2005; Amdt. 1 with Ord. 99-1776 § 2 (part), 1999)

8.12.070 - Authority for chemical capture.

Animal control officers employed by the division of metropolitan animal control services may utilize equipment necessary in the chemical capture of animals that cannot be subdued by other means provided that such officers have successfully completed a minimum of eight hours of training approved by the National Animal Control Association or similar agency. For the purpose of this section, the phrase "chemical capture" means the impoundment of any animal using a tranquilizing drug in a humane manner, which renders the animal temporarily immobile.

(Ord. 2001-843 § 2, 2001)

8.12.080 - Companion animal hoarding.

A.
For the purposes of this section, the following words and phrases shall have the meanings ascribed to them by this section:

"Adequate care" shall include but not be limited to medical treatment for illness, injury, disease, excessive parasitism, or any malformations.

"Adequate food" means food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily requirements for the condition and size of the animal and the environment in which it is kept. An animal shall be fed or have food available at least once each day, unless a licensed veterinarian instructs otherwise, or withholding is in accordance with accepted agricultural or veterinarian practices.

"Adequate shelter" means a structure or enclosure which provides an animal with protection from the elements (weather), 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.

"Adequate water" means fresh, potable water provided at suitable intervals for the species, and which, in no event, shall exceed twenty-four hours at any interval. The animal must have access to the water.

"Companion animal" means domesticated animals kept in or near the household for the primary purpose of companionship for member(s) the household and/or companionship for other such animals. This includes dogs, cats, rabbits, guinea pigs, hamsters, rats, mice, ferrets, birds, reptiles, amphibians, invertebrates and species that a reasonable person would consider to be a pet. Any animal defined as "wildlife" by MCL 8.16.010 shall not be considered a companion animal for the purposes of this section. The keeping of fowl, swine, cattle, cows, sheep, horses, mules or goats shall not be governed by this section but shall be governed by other applicable sections of this Code.

"Person" means any individual, firm, partnership or corporation, or authorized agent or representative of a person, partnership or corporation.

B.
No person may possess, lodge, or maintain over five companion animals if such a person displays a general disregard for the conditions under which the animals are living, including, but not limited to, failing to provide all of the following to all of the companion animals in his care: adequate food, water, shelter, and care.

C.
A person in violation of this section is guilty of a misdemeanor. Upon conviction for companion animal hoarding, the court may order that the person do any or all of the following:

1.
Be precluded from owning, harboring, or having custody or control of companion animals for a period of time that the court deems reasonable.

2.
Participate in available animal cruelty prevention program(s) or educational program(s), or both.

3.
Undergo a behavioral health evaluation and comply with any recommendations resulting from the evaluation.

4.
Forfeit to Metro Animal Control animals that are the basis of conviction.

5.
Sterilize the companion animals, with sterilization being mandatory upon a second violation.

6.
Pay appropriate fees and fines.

(Ord. BL2005-859 § 1, 2005)

8.12.090 - Animal offender school.

A.
There shall be established, under the supervision of the animal control division of the department of health, an animal offender school for the purpose of providing education about proper animal care and cruelty prevention to persons found by a court of competent jurisdiction to be in violation of any provision of this title.

B.
The court shall have the discretion to order any person found to be in violation of any provision of this Title to attend such animal offender school in addition to, or in lieu of, any fine, fee or other punishment prescribed by this title.

C.
The animal control division of the department of health shall maintain records showing the names of attendees, dates of attendance, and whether such attendees satisfactorily completed the course.

D.
The cost of attending such animal offender school shall be at the sole expense of the person ordered by the court to attend. The animal control division of the department of health is authorized to charge of fee of up to sixty-five dollars for attending the animal offender school. All fees collected for the animal offender school shall be deposited in the general fund of the general services district to assist in covering the expenditures for instructor salaries, equipment and materials.

(Ord. BL2009-460 § 1, 2009)

8.12.100 - Outdoor sale or gifting of animals prohibited.

A.
It is unlawful for any person to display in any outdoor public place within the area of the metropolitan government dogs, cats, or other domestic animals for the purpose of giving the animal(s) away or selling the animal(s). For purposes of this ordinance, "outdoor public place" includes streets, roads, highways, thoroughfares, intersections, sidewalks, public rights-of-way, and parking lots (whether publicly or privately-owned).

B.
The provisions of this section shall not apply to:

1.
The animal control division of the department of health;

2.
Licensed dealers under Tenn. Code Ann. § 44-17-101, et seq., at their place of business; or

3.
Any legally recognized non-profit entity organized pursuant to section 501(c) of the IRS Code whose primary purpose is the care and adoption of animals.

C.
Nothing in this section shall prevent a person from selling or giving away dogs, cats, or other domestic animals owned by that person from their own residence or place of business.

(Ord. BL2009-606 § 1, 2010)


8.16.010 - Definitions.

A.
For the purpose of this chapter, the following terms shall have the following meanings:

"Possess or possessing" means possession, keeping, harboring or permitting to remain.

"Wildlife" means any Class I or Class IV wildlife as classified by Tennessee Code Annotated, Section 70-4-403, and shall also mean pumas, cheetahs, cougars and wolves.

B.
Except as provided above, all other terms shall have the meaning as provided in Section 8.04.010 of this code.

C.
Provided, however, the provisions of this chapter shall not be applicable for any premises within the area of the metropolitan government that contain three or more acres.

(Prior code § 8-1-18)

8.16.020 - Keeping wildlife—Prohibited when.

It is unlawful for any person to possess wildlife on or about their premises within the area of the metropolitan government except as provided in this chapter.

(Prior code § 8-1-19)

8.16.030 - Exceptions.

The provisions of this chapter shall not prohibit the possession of wildlife by zoos, transient circus acts, schools, colleges, educational and research institutions and animal rehabilitation centers; and no certificate shall be required.

(Prior code § 8-1-22)

8.16.040 - Keeping wildlife—Certificate required—Fee.

Any person possessing wildlife on or about any premises within the area of the metropolitan government shall make application to the director of the board of health. Such certificate shall contain such information as may be required by the director. A fee in the amount of fifty dollars shall be paid to the board of health with said application.

(Prior code § 8-1-20)

8.16.050 - Certificate—Council approval.

Upon receipt of an application to possess wildlife within the area of the metropolitan government, the director prior to issuing such certificate permitting same, shall file a resolution seeking approval of the issuance of such certificate with the metropolitan county council. In the event no action is taken upon said resolution within sixty days, the director may issue the certificate. In the event the resolution does not receive a favorable vote of the majority of the entire membership of the metropolitan council, said certificate shall be denied.

(Prior code § 8-1-21)

8.16.060 - Certificate—Renewal.

A certificate issued under the provisions of this chapter shall be valid for a period of one year from the date of issuance and may be renewed on annual basis upon the payment of a twenty-five dollar renewal fee. Unless said wildlife is moved to a new location, council approval of said renewal shall not be required.

(Prior code § 8-1-23)


8.20.010 - License tag—Removal prohibited.

No person shall remove the license tag from the neck of any licensed dog.

(Prior code § 8-2-1)

8.20.020 - Treatment for persons bitten by rabid dog recommended—Expenses paid when.

When it is reported that a rabid dog has bitten one or more person, it shall be the duty of the chief medical director to investigate the report and recommend treatment for those who, in his opinion, need it. As far as funds will permit, free treatment shall be given to those needing it after the chief medical director has satisfied himself that the person is unable to bear the expense himself.

(Prior code § 8-2-2)

8.20.030 - Animals exposed to rabies—Confinement required.

It shall be the duty of the chief medical director to find those dogs or other animals known or suspected of having been in close contact or a fight with a rabid dog, and unless the owners of these dogs or other animals keep them confined for a period of six months and, in cases where a dog or other animal is known to have been bitten by a mad dog, have protective inoculation given, then the owner shall turn the dog or other animal over to the department of health so that it may be destroyed.

(Prior code § 8-2-3)

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.

(Prior code § 8-2-6)

8.20.050 - Running at large of certain animals prohibited.

No person shall permit any dangerous or mischievous animal to run at large. No cattle, sheep, horse, goat, mule or hog or any offensive animal shall be allowed by any owner or by any person having charge of the same to go at large in any street or public place in the urban services district.

(Prior code § 8-2-9)

8.20.060 - Fowl at large prohibited—Impoundment.

A.
It is unlawful for the owner or the person in charge of any chickens, ducks, geese, turkeys or other domestic fowl. to permit them to run at large in any street, alley, public square, public place or unenclosed lot within the urban services district.

B.
The department of health shall cause any fowl so running at large to be taken up and put in the metropolitan pound. It shall be the duty of the department of health and poundmaster and their assistants to take up such fowl and transport the same to the pound.

(Prior code § 8-2-14)

8.20.070 - Impounded fowl—Redemption—Sale.

A.
If within three days from the day any fowl are put into the pound, the owner or person in charge thereof calls for the same, such fowl shall be delivered to him upon payment of twenty-five cents for each fowl so impounded.

B.
If no one claims such fowl within the period of three days, the department of health shall cause a notice to be inserted in some newspaper published in the metropolitan government area for one publication, briefly describing the fowl, and giving notice that unless redeemed, the same will be sold at public sale. Separate notices shall not be required for each fowl, but any number of same, whether taken up at the same time and place or otherwise, may be advertised in the same notice. Unless such fowl so advertised are redeemed by the payment of the pound fees abovementioned and an additional charge of ten cents per head for each day after the expiration of the first three days, they shall be sold on the day named in the notice, which day of sale shall not be less than two days after publication. Such sale shall be at public auction, to the highest bidder for cash, of which sale a record containing a brief description of the fowl sold, the price paid and the name of the purchaser shall be kept at the office of the department of health. The proceeds of such sale shall be received by the department of health and paid over each day to the metropolitan collections officer, who shall hold such funds subject to the order of the owners of the fowl, after retaining enough to pay all fees, costs and charges as herein provided, including costs of advertisement.

(Prior code § 8-2-15)

8.20.080 - Impounded animals—Redemption—Sale.

A.
If, within three days from the day an animal is impounded, the owner or person in charge thereof calls for the same, such animal shall be delivered to him upon the payment of three dollars for each head of swine, goats or sheep, or four dollars and fifty cents for each head of cattle, horses, mules or cows so impounded.

B.
If no one claims the same within the period of three days, the department of health shall cause a notice to be inserted in some daily newspaper in the metropolitan government area for three successive days, briefly describing the animal and giving notice that unless redeemed the same will be sold at public sale. All animals not redeemed by the payment of the pound fees aforesaid and one dollar and fifty cents per head for each day after the expiration of the first three days shall be sold on the day named in the notice at public auction to the highest bidder for cash, of which sale a record containing a brief description of the property sold, the price paid and the name of the purchaser shall be kept in the office of the department of health. The proceeds of such sale shall be paid over each day to the metropolitan collections officer, who shall hold such funds subject to the order of the owner of the animal, after retaining enough to pay all fees, costs and charges, including the cost of advertising as hereinbefore provided.

(Prior code § 8-2-17)

8.20.090 - Moneys collected—Poundmaster's duties.

The poundmaster shall keep in the office a proper book, showing the time, number and kind of animals brought into the pound and by whom the same are redeemed, or what disposition shall have been made of same, also the amount paid and cost of feed, etc., furnished for each animal impounded. He shall pay once every week, should he have any funds on hand, the balance to the metropolitan collection officer, taking a receipt for the same, which he shall safely file in is office.

(Prior code § 8-2-16)

8.20.100 - Keeping livestock—Permit required—Regulation by department of health.

A.
No person shall keep any cattle, cows, sheep, horses, mules or goats in the urban services district within one thousand feet of any residence or place of business, without a permit to do so from the chief medical director. The chief medical director shall issue permits only when the keeping of such animals in the yards or buildings and under the circumstances set forth in the applications for the permit shall not injuriously affect the public health.

B.
It is unlawful for any owner, agent or occupant of any stable, stall or apartment in which any horse, cattle or swine or any other animal shall be kept, or in any place in which manure or any liquid discharge of such animals shall collect or accumulate, to fail to comply with the notice of the department of health to cleanse, remove or repair such stable, stall or apartment or to keep the same in a sanitary condition.

(Prior code § 8-2-11)

8.20.110 - Cattle quarters—Health regulations.

No cattle shall be kept within the urban services district in any place of which the water, ventilation and food are not sufficient and wholesome for the preservation of their health, safe condition and wholesomeness as food.

(Prior code § 8-1-12)

8.20.120 - Sale of livestock on streets.

It is unlawful for any person to sell, offer to sell, buy or offer to buy, upon any street, lane or alley within the urban services district, any livestock of any description whatever; provided, that this section does not include sales or purchases or offers to sell or purchase livestock not present on the streets, lanes or alleys when the sales or purchases or offers of same are made.

(Prior code § 8-2-13)

8.20.130 - Keeping of hogs prohibited.

The keeping of hogs by any person within the urban services district is declared to be a nuisance and unlawful; provided, that nothing in this section shall be construed to prevent a duly licensed stockyard, abattoir or packing house from temporarily keeping hogs for the purpose of slaughtering, packing or shipping in interstate or intrastate commerce.

(Prior code § 8-2-10)

8.20.170 - Killing birds and squirrels prohibited.

It is unlawful for any person to kill or attempt to kill any bird, game or nongame (except English sparrows), squirrels or any other animal, in any of the public parks (including the Custom House Park and the Capitol Hill Park) or in any of the cemeteries, public or private, within the urban services district.

(Prior code § 8-2-8)


8.24.010 - Keeping hogs—Permit required when.

In the second civil district, no person shall keep any hogs within one thousand feet of any residence or place of business, without a permit to do so from the chief medical director.

(Prior code § 8-3-1)

 

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