Executive Summary

 The Problem

             PET OVERPOPULATION IS THE MAJOR SOURCE OF THE ANIMAL CONTROL ISSUES FACING THIS CITY.  SIMPLY STATED, THERE ARE TOO MANY ANIMALS AND NOT ENOUGH HOMES.  These excess animals live short, miserable lives.  They usually end up being euthanized in animal shelters (26,979 dogs and cats in the City Shelter alone in FY 06-07, not counting the tens of thousands euthanized in private non-profit shelters) or being killed by cars or other animals or dying from starvation or extreme weather conditions (13,177 dead dogs and cats were picked up by City Sanitation in FY 06-07). 

             Meantime, these homeless or abandoned animals are a nuisance and health and safety hazard to humans.  Roaming packs of dogs are dangerous and result in thousands of reported dog bites each year (we have no idea how many dog bites go unreported).  They cause traffic problems, strewn garbage, and continue the unbroken cycle of pet overpopulation through uncontrolled breeding. 

             The cause of pet overpopulation lies solely at the feet of irresponsible owners and breeders.  Breeders pump out puppies and kittens by the thousands while even greater numbers are being euthanized in our shelters.  At the same time, owners are allowing intact animals to roam and indiscriminately breed - thus producing even more unwanted puppies and kittens. 

             The solution to pet overpopulation and the resulting problems caused to both animals and humans is complicated and multi-faceted.  It requires education, legislation and enforcement.  Any one of these alone will not get the job done.  Regarding the legislation component, the Dallas Animal Code must be amended to provide Dallas Animal Services with the laws needed to help solve the problem.  Also, Animal Services must be supplied with the funds and manpower needed for better enforcement and education. 

            Below are ordinance changes recommended by the Animal Shelter Commission and DAS Staff to strengthen the legislation component.

 Ordinance Changes Needed

             As mentioned above, the solution to pet overpopulation and its negative effect on our community is multi-faceted:  first, we must significantly reduce the number of unwanted animals being produced by unintended or “accidental” breeding and by irresponsible “for profit” breeders; second, we must require proper restraint and control of owned animals; third, we must limit the number of owned animals; and fourth, we must strictly control and efficiently deal with dangerous dogs. 

             To achieve these goals, the Animal Shelter Commission and DAS Staff recommend changes in five areas of the current Animal Code. They are:  

1. enact mandatory spay/neuter and breeder requirements; 
2. eliminate tethering as a proper restraint unless in the presence of the owner; 
3. set standards for outdoor dog enclosures to prevent escape and to provide the dog with adequate room and access to food, water and shelter; 
4. limit the number of dogs and cats per household; and 
5. strengthen our dangerous dog ordinance. 

        
Overview of Changes

 Mandatory Spay/Neuter – Breeder Permits

             Ninety-three (93) percent of the dogs and cats entering the Dallas Municipal Animal Shelter during FY 05-06 and FY 06-07 were unsterilized.  And approximately 25 percent were purebreds.  Sterilization prevents unwanted or “accidental” breeding; promotes the health of the animal; makes the animal less aggressive; and reduces the animal’s urge to roam.  The proposed ordinance changes do the following:

                         (i)  dogs and cats under six months of age; 

                        (ii)  dogs and cats unable to be spayed or neutered for health reasons

                        (iii)  dogs used by law enforcement agencies for law enforcement purposes;

                        (iv)  service or assistance dogs that assist disabled persons; 

                        (v)   a purebred dog or cat (“competition animal”) that competes in 
                        confirmation, obedience, agility, etc. events; and

                        (vi)   dogs and cats held for sale in retail pet stores and for adoption by 
                        Dallas Animal Services and animal welfare organizations. 

To obtain an exemption for service or assistance dogs and competition animals, the owner must register them as such with the director (at no cost) and the owner of a competition animal must sign a sworn statement that he or she will not breed the animal without first obtaining a breeder permit. 

• Owners will have 120 days after passage of the ordinance to get their animal sterilized or get a breeder permit. 

• Require an impounded animal to be spayed or neutered at its owner’s expense before it is released back to its owner unless the owner has or obtains a breeder permit. 

•  Provide that if the adopter of an unsterilized dog or cat from the Dallas Animal Shelter fails to have the animal sterilized in accordance with the adoption agreement, the director shall have the authority to reclaim and impound the animal. 

No Tethering and Proper Outdoor Confinement

             To prevent dogs from becoming vicious; roaming our streets; attacking our children; and indiscriminately breeding - and to prevent the inhumane confinement of dogs kept outside, we propose the following ordinance changes: 

•  Require that no dog be tethered unless it is in the immediate possession and control of its owner.  An exception will be made if the dog is properly tethered for a period no longer than necessary for the owner to complete a temporary task. 

•  If and when a dog is tethered it must be tethered in a manner that does not allow the dog to leave the owner’s premises; does not allow the dog to become entangled; and allows the dog access to food, water and appropriate shelter.  Also, the dog must be properly fitted with a harness or collar and the tethering device must be attached to that harness or collar and not directly to the dog’s neck.  The tethering device must be a minimum of 10 feet in length and strong enough to prohibit the dog from escaping. 

•  Dogs confined outdoors must be in a fenced yard or other pen or structure that:  (i) is capable of preventing the escape of the dog;  (ii) has at least 150 sq. ft. of space per adult dog; and (iii) provides the dog access to the inside of a building, a dog house or other type of shelter.   

• Owners will be given 90 days to comply with this ordinance.

 Pet Limits  

            An excessive number of pets in a residential dwelling can create both a nuisance for neighbors and an unhealthy condition for its occupants and the animals.  The current Animal Code limits the total number of dogs and/or cats per household to four for dwelling units that share common walls.  The recommended ordinance changes would add a new section with the following provisions:

•  Limit the number of dogs, cats or combination thereof in dwelling units that share no common wall to a total of six (exclusive of puppies and kittens under four months of age and feral cats in a trap, neuter and release program approved by the director of Animal Services).   

•  Provide an exception for persons who are approved “foster care” providers by the director of Animal Services but limit the number of fostered animals to an acceptable number as determined by the director on a case by case basis based on breed, size of facility, location, etc.  To be approved as a foster care provider, a person must allow the director to make unannounced inspections of his premises and all animals located thereon to assure compliance with all applicable City ordinances. 

• Provide a “grandfather clause” to allow persons owning more than six dogs and cats on the effective date of the ordinance to keep those animals provided they meet certain requirements; including listing all their dogs and cats with the director of Animal Services within 90 days after the effective date and complying with all City ordinances applicable to their dogs or cats.

 Dangerous Dogs

             Article V of the current City Animal Code dealing with dangerous dogs needs to be expanded and streamlined to help Animal Services to better deal with the increasing number of dangerous dogs in our city.  The proposed changes will provide additional alternative requirements for owners of dangerous dogs including removal of the dog from the City or destruction of the dog if it killed or seriously injured a human.  Also, it will prohibit anyone from bringing a dangerous dog into the City.