2011 11 10 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
November 10, 2011
The City Council of the City of Baytown, Texas met in a Regular Work Session
on Thursday, November 10, 2011, at 5:39 P.M., in the Council Chamber of the Baytown
City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo Council Member
David McCartney Council Member
Mercedes Renteria Council Member
Terry Sain Council Member
Stephen DonCarlos Mayor
Robert D. Leiper
City Manager
Kevin Troller
Assistant City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the November 10, 2011, City Council Regular Work Session
with a quorum present at 5:39 P.M., all members were present with the exception of
Council Members Hoskins and Sheley who were absent.
1. DISCUSSIONS
a. Discuss Proposed Dangerous Animal Ordinance - Health and EMS.
City Manager Leiper presented the agenda item to discuss the proposed dangerous animal
ordinance and stated that Council's feedback is the first step to this discussion which will
be followed up with, among other things, discussions at the Animal Control
Advisory Board etc. before being returned back to Council for approval.
City of Baytown Health and EMS Director Mike Lester stated that the information
presented was portions of information from an ordinance that was at one point proposed
to be entirely revised. Mr. Lester stated that in the current proposed dangerous animal
ordinance, an added definition of a dangerous animal was included which means any
animal that:
a) Makes an unprovoked attack on a person or animal that causes bodily injury and
occurs in a place other than an enclosure in which the animal was being kept and that was
reasonably certain to prevent the animal from leaving the enclosure on its own; or
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Regular Meeting Minutes
November 10, 2011
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b) Commits unprovoked acts in a place other than an enclosure in which the animal was
being kept and that was reasonably certain to prevent the animal from leaving the
enclosure on its own and those acts cause a person to reasonably believe that the animal
will attack and cause bodily injury to that person.
Council Member Capetillo inquired as to what happens when an animal is chained up and
the yard does not have an enclosure. Mr. Lester stated that chaining is covered under
tethering requirements by the state and there are other issues that go along with that. City
Manager Leiper stated that it may be considered to have something that states if the
resident has an animal with a certain type of mannerism, that they be required to have a
fence.
Mayor DonCarlos inquired if our animal cruelty ordinances in any way address dogs
chained to trees. Mr. Lester stated that our current ordinance does not, but the state has a
requirement that addresses tethering which is an animal chained to a tree, fence, pole, etc
and that the City of Baytown addresses proper shelter but not chaining. Mayor DonCarlos
requested to address the situation of animal being chained and having adequate shelter
and food to be up to state standards. Mr. Lester indicated that this could be added to this
amendment. City Attorney Ignacio Ramirez stated that if there is a state statue the City
could use the statue without replicating it.
During further discussion, Mr. Lester stated that another definition to be added was
secure enclosure which means:
A fenced pen, kennel or structure that is locked and is capable of preventing the entry of
the general public, including children; is capable of preventing the escape or release of an
animal; is clearly marked as containing a quarantined/dangerous animal; and is in
conformance with any additional requirements for enclosures, as established and
provided in writing to the owner by the Health Department.
Mr. Lester stated that this applies to an animal that has been declared as a dangerous
animal by definition of the ordinance. Mr. Leiper stated that this secure enclosure would
not apply to every animal, but only the one declared dangerous.
Mr. Lester stated that if an animal is declared dangerous, it shall be unlawful for any
person to own, keep or harbor a dangerous animal within the City limits, except as
provided in this chapter and the options at the hearing would be to order that the animal
be declared not dangerous, or that it is dangerous and either needs to be removed from
the city, needs to be euthanized, or remain in the city with certain restrictions.
Mr. Lester stated that the animal shelter pulled statistics in regards to bites and it showed
that there were more dog bites than any other animal bites of which were mostly
instances of dogs biting their owners; and when it came to stray animal bites on humans it
was pretty much even between dogs and cats.
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Regular Meeting Minutes
November 10, 2011
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Mr. Lester stated that if it is determined that the animal is dangerous; the owner has the
right to appeal. An appeal would go to the Municipal Court and through the court
process. The animal owner may also appeal the Court's decision, if necessary.
City Manager Leiper stated that there is currently a process in place as it relates to this
topic and appeals, but there is nothing in place for an animal attacking another animal or
in regards to a dangerous animal. City Manager Leiper stated that we currently would
have to wait until the animal bites someone in order for the City to address the issue,
so staff is establishing preventive measures before an attack occurs.
Mr. Lester stated that each case will be reviewed individually and not all cases will be
one of an aggressive dog. Mr. Lester stated that complaints will not be anonymous but
will be a sworn complaint and the complainant will have to say who they are and give
testimony. Mr. Lester stated that he would like to converse with the legal department to
provide a formal draft to present to the advisory committee and receive their input with
the possibility of having that meeting as a public meeting and then present back to
Council in January for final review and approval.
Council Member Sain inquired as to how many calls the animal control receive per
month in regards to aggressive dogs. Ms. Marti Lechner stated that they receive about
four (4) to five (5) a day with two (2) to (3) being real aggressive dogs that are
loose.
2. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the
November 10, 2011, City Council Regular Work Session at 6:07 P.M.