The city of El Paso is considering tougher regulations and penalties for residents who have aggressive and vicious dogs that attack other pets, adding provisions to its animal ordinance that would go beyond existing state health and safety codes.<\/p>\n
Those codes \u2013 which are outlined in the city\u2019s ordinance \u2013 only address dog attacks on humans, but not on other domestic pets.<\/p>\n
Some animal advocates say the change is welcome and needed to strengthen public and pet safety standards and create consistent, enforceable procedures for handling dangerous or aggressive dogs.\u00a0<\/p>\n
\u201cIt goes on all the time \u2013 we just don\u2019t hear about all of them, and nothing has ever been done,\u201d said animal advocate Karen Washington, who operates Pawsitive Rescuers of El Paso. She said the law change is needed to address these types of dog attacks she regularly hears about.<\/p>\n
The proposed ordinance changes were to be introduced Nov. 18 to the City Council, which would have triggered a public hearing Dec. 2. But city staff requested the item be deleted from the meeting. City Rep. Chris Canales, chair of the Animal Services Advisory Committee, said it was deleted so the committee could review them first. The proposal was on the agenda of the advisory committee\u2019s November meeting, which was canceled. No agenda for the board\u2019s December meeting has been posted, so it\u2019s unclear whether the changes will be discussed then.<\/p>\n
The two key provisions involving vicious dogs and aggressive dogs would cover animal-on-animal attacks and repeat incidents.<\/p>\n
The proposal outlines detailed enforcement procedures, including investigations, owner notification, hearings and appeals. Dogs designated as aggressive or vicious would be required to be registered and microchipped. Owners of these animals would be required to display warning signs, keep the animal securely confined and complete a responsible pet owner course.<\/p>\n
A companion measure would update the city\u2019s animal code definitions to align with the new rules and set a $50 registration fee for vicious dogs. The registration fee for dogs is now up to $35 depending on whether the pet is spayed or neutered.<\/p>\n
The city\u2019s animal ordinance coincides with the Texas Health and Safety Code that stipulates a dog that is suspected of being dangerous may be impounded or quarantined while the city investigates. If a dog is declared dangerous, the owner has 30 days to meet all safety and registration requirements or the dog may be considered abandoned. The city cannot euthanize the dog if the owner files an appeal in court and the final determination has not been made.<\/p>\n
It also defines a dangerous dog as one that attacks or threatens to attack someone without being provoked outside its enclosure. The state code does not address dog attacks on other domestic animals or other dogs.<\/p>\n
The penalties for dog bites vary depending on the severity.<\/p>\n
\u201cWhile the city does not have a strict-liability ordinance for all dog bites, it does enforce the dangerous dog process described above and may require a 10-day quarantine when appropriate,\u201d said city spokeswoman Laura Cruz-Acosta.<\/p>\n
The interim director of Animal Services or Local Rabies Control Authority may designate the dog as dangerous if it bites a person outside of its enclosure. If that designation is met, the dog\u2019s owner is required to carry at least $100,000 in liability insurance in order to keep the dog. The owner may appeal the determination in Municipal Court.<\/p>\n
However, if a designated dangerous dog bites again, charges may be pursued in state court through the District Attorney\u2019s Office, Cruz-Acosta said.<\/p>\n
\u201cThe city also has additional enforcement tools under Title 7 of the City Code. Violations such as failure to register, microchip, vaccinate or properly confine a dog can result in fines of up to $2,000,\u201d Cruz-Acosta said.<\/p>\n
Other animal advocates say changing the law is only part of the solution.<\/p>\n
\u201cDo we need some stronger-worded law? Absolutely, but it\u2019s not going to do any good without the actual enforcement to back that up. It\u2019s just going to be a moot point if you\u2019re just going to put the law out there but you\u2019re not going to enforce,\u201d said Barbara Valencia, owner of Huckleberry Hound Dog Rescue.<\/p>\n
Other Texas municipalities such as Dallas, Fort Worth, San Antonio and Georgetown have adopted ordinances that address the gap in state law for animal-on-animal attacks.<\/p>\n
Animal ordinances in other Texas cities<\/p>\n
Here is how some Texas cities address dog-on-animal attacks:<\/p>\n
Dallas<\/a><\/p>\n An \u201caggressive dog\u201d means a dog that on at least one occasion, while not legally restrained, killed or injured a legally restrained domestic animal or livestock.\u00a0<\/p>\n The ordinance also sets procedures for investigation, owner notification, impoundment, and appeals for dogs designated as aggressive as well as specific requirements for how the owner must restrain the dog in public.<\/p>\n