City considers dangerous dog ordinance / Texas HEADS UP

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Conroe to consider dangerous dog ordinance | Chron.com - Houston Chronicle

**Heads up Texas**

According to Conroe City Attorney Marcus Winburry, legislation is expected to be introduced this year to change the state law prohibiting breed specific legislation.

(Conroe, Texas)

Jan. 25, 2007,

Conroe to consider dangerous dog ordinance
Law would include those that attack domestic animals

By BETH KUHLES
Chronicle Correspondent

In the wake of several dog attacks in the city, Conroe City Council will consider drafting a dangerous dog ordinance 6:30 p.m. Feb. 8 at City Hall.

"It is a state-of-the-art dog ordinance that most cities will look to copy," said Mayor Tommy Metcalf. "There has been a number of instances where dangerous dogs have attacked people in the neighborhoods."

In addition to dangerous dog laws in effect in the state, Conroe plans to expand protections within city limits. Owners of dangerous dogs would be required to submit proof that the animal is spayed or neutered, to microchip the dog for identification, to keep the dog on a leash, to ensure that it is handled by a capable person 18 years or older, and to keep it in a secure kennel.

Under state law, a dangerous dog is defined as one that makes an unprovoked attack that either causes bodily injury or that a person believes will attack and cause harm. The Conroe ordinance will take it one step further and include dogs that attack other dogs or domestic animals.

"I think it is good," said Mayor Pro Tem Jerry Streater. "We need to do something, and it is probably an appropriate thing to do."

Concerned residents

The ordinance is in response to resident concerns following an attack by two pit bulls in the Piney Point subdivision last year. The attack sent two people to the hospital.

Because those dogs were not previously classified as dangerous, the owner could only be charged with allowing animals to run at large and failing to have the dogs vaccinated for rabies. The owner pleaded no contest and paid fines totaling $440. The pit bulls were impounded and subsequently destroyed.

Two residents of the Woodlands Road area asked Conroe City Council to adopt an ordinance to combat owners who are letting their dogs out in the neighborhood.

Patricia Powers said she was knocked to the ground in her own yard by a loose Bichon Frise and suffered a cut to her eye. She said people in the area routinely let their dogs run loose, especially on nights and weekends when animal control is not working.

"I have to look both ways before I go out on the porch," Powers said. "I have to see if there are any pit bulls before I go out in the yard."

Another neighbor complained about Rottweilers that are often spotted unattended in the neighborhood, accosting his wife as she walked her small dog.

Protection from harm

Conroe City Attorney Marcus Winberry said there are several protections against dangerous dogs built into state laws. In addition to defining a dangerous dog, owners are required to register their animals, restrain them on leashes, keep them in secure enclosures and provide insurance coverage of $100,000.

"Under state law, a dog doesn't have to bite someone to be considered dangerous, but it has to make a threat," Winberry said.

Under state law, anyone can petition the municipal court to declare a dog as dangerous. If the dog is found to be dangerous, the owner must register it, or the animal can be impounded and destroyed. Criminal and civil penalties can be imposed on the owner in the case of a bite or bodily injury, including fines of up to $4,000, up to a year in jail, or civil penalties up to $10,000.

Councilman Webb Melder asked if the city could prohibit certain breeds, but Winberry said state law prohibits targeting breeds. However, Winberry said, legislation is expected to be introduced this year that may change that.

The proposed Conroe ordinance spells out the type of enclosures that must be used in the city to secure dangerous dogs.

The kennel must be at least 8 feet high with a nine-gauge chain-link fence. The kennel must have a roof that is secured to the walls to prevent entry or exit. The floor has to be a concrete slab at least 4 inches thick, and the entry must include an automatic locking system. The enclosure, which must include a doghouse, can be no less than 72 square feet.