Jackson TN Seeks To Impose Anti-Pet Ordinance & Criminalize Dog Ownership

The Jackson, Tennessee city council is considering an anti-pet ordinance that criminalizes pet ownership, violates the constitutional rights of local dog-owning citizens, and will increase the number of pets euthanized.

The American Rottweiler Club is adamantly opposed to anti-pet legislation as ineffective and even dangerous in the prevention of dog bites and the protection of animals.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING ORDINANCE FOR THE
CITY OF JACKSON, TENNESSEE

SECTION 1. Be it ordained by that the Council of the City of Jackson, Tennessee amend the text
of the official Animal Control Ordinance, Title 10, Chapter 1 by adding Sections 10-105 through
10.111 to the existing Animal Control ordinance as indicated by the underlined sections below:

TITLE 10
ANIMAL CONTROL
CHAPTER

1. IN GENERAL.
2. LIVESTOCK AND OTHER FARM ANIMALS.
3. VICIOUS DOGS.
CHAPTER 1
IN GENERAL
SECTION
10-101. Definitions.
10-102. Running at large prohibited.
10-103. Noise prohibited.
10-104. Cruelty to animals.

10-101. Definitions. Whenever in this title the following terms are used, they shall have
the meanings respectively ascribed to them in this section.

(1) “Animals and fowls” as specifically named by whatever name they might be
called, and includes every age and sex of each of the herein named species of animals and fowls.
(2) “Approval” means approval by the health officer pursuant to power granted to
him in this chapter.
(3) “Health officer” is the director of health and sanitation of the city.
(4) “Keeper” refers to any person owning, keeping, having, using or maintaining any
of the animals or fowls herein referred to.
(5) “Rodent-proof” is a state or condition not conducive to entry, feeding or
harboring of rodents.
(6) “Sanitary” means a condition of good order and cleanliness which precludes the
probability of disease transmission. (1972 Code, § 6-1)
10-102. Running at large prohibited. It shall be unlawful for any person raising,
owning and/or keeping any dog or other animal to willfully suffer or permit any such creature to
run at large upon the public streets, avenues, alleys, parks or other public property of the city, or
to willfully suffer or permit any dog or other animal to run at large or to go upon the premises
owned or in possession of or under the control of any other person in the city. (1972 Code, § 6-
38)
10-103. Noise prohibited. No person shall willfully or knowingly keep or harbor on his
premises any dog or other animal that makes or creates loud and obnoxious noises by whatever
method created, thereby disturbing the peace of the neighborhood or disturbing the occupant of
adjacent premises or people living in the vicinity of such loud and obnoxious noise.
A person shall be deemed to have willfully and knowingly violated the terms of this
section if such person shall have been notified by any police officer of such disturbance and shall
have refused for a period of twenty-four (24) hours to correct such disturbance and prevent its
recurrence. (1972 Code, § 6-39)
10-104. Cruelty to animals. It shall be unlawful for any person to cruelly maltreat any
dumb animal in the city; or to willfully and wantonly kill, maim, wound, poison or disfigure any
horse, ass, mule, cattle, sheep, goat, swine, dog or other domesticated animal, bird or beast of any
kind; or to mutilate, cruelly kill, over-drive, over-ride or over-load, or unnecessarily confine, or in
any manner oppress the same; or to unnecessarily fail to provide the same with proper food, drink
or shelter; or to drive, work or use the same when such animal is maimed, wounded, sick, lame or
otherwise unfit for labor; or to willfully abandon the same to die; or to carry or to cause the same
to be carried, hauled or forced along in a cruel or inhumane manner; or to leave any animal tied
up or confined anywhere, day or night, for more than six (6) hours at a time without properly
feeding, watering and caring for the same. This section shall not be construed to prevent
policemen or other persons from destroying dogs or other animals when lawfully entitled to do
so. (1972 Code, § 6-7)
10-105. Number of animals.
(a) No more than a combined total of 6 adult dogs or adult cats are allowed per
residence.
(b) References to dogs and cats only refer to dogs and cats older than six (6) months.
There are no restrictions on the number of dogs and cats younger than six (6) months old that can
be on the premises.
(c) If it is determined that a person is in violation of this section, such person shall be
allowed thirty (30) days from the notice of violation to cure same.
(d) Any person who wishes to exceed the maximum combined number of six (6) dogs or
cats must apply to the City Revenue Office for a special “Animal Lodging” permit.
10-106. Animal Lodging Permits.
(1) No person shall have over a combined total of six (6) adult dogs or cats per residence
without first obtaining an operational permit (hereinafter, “permit”) issued by the City of Jackson
Revenue Office.
(2) A permit shall be issued only after the City of Jackson Animal Control Office
completes an inspection and determines that the minimum requirements and standards, as set
forth herein have been met. After approval, a permit shall be issued upon payment of the
applicable fee. The permit shall be prominently displayed on the premises where animals are
located. The cost of a permit and other related fees should be $50.00.3) The permit is valid for a
period of one (1) year from the date of issue, unless otherwise stated or revoked. The permit shall
be renewed annually. Said permit is not transferable, assignable or refundable. Renewal
applications for permits shall be made within thirty (30) days prior to the expiration date.
(4) A new establishment shall use its initial permit issue date as the anniversary date for
the purposes of permit expiration and renewal.
(5) Each separate property shall be required to have a permit.
(6) It shall be a condition of the issuance of any permit that the City of Jackson Animal
Control Office shall be allowed, at any reasonable time, to inspect without notice, all domestic
animals and all premises where animals are kept.
(7) Failure to apply for a permit shall constitute a violation.
Deleted: (
(8) References to dogs and cats only refer to dogs and cats older than six (6) months.
There are no restrictions on the number of dogs and cats younger than six (6) months old that can
be on the premises.
(9) If it is determined that a person is in violation of this section, such person shall be
allowed thirty (30) days from the notice of violation to cure same.
(10) Rescue organizations are exempt from this section.
10-107. Restraint & Confinement to Property. Dogs or cats shall not be chained, tied,
fastened to dog houses, trees, fences, or other stationary objects as a means of confinement to
property. Dogs may be restrained by means of a fence, pen or a trolley system, which is a tether
attached to a pulley on a cable run, if the following conditions are met:
(1) Only one dog may be tethered to each cable run.
(2) The tether must be attached to a properly fitting collar or harness worn by the dog,
with enough room between the collar and the dog’s throat through which two fingers may fit.
Choke collars and pinch collars are prohibited for purposes of tethering a dog to a cable run.
(3) There must be a swivel on at least one end of the tether to minimize tangling of the
tether.
(4) The tether and cable run must be of adequate size and strength to effectively restrain
the dog. The size and weight of the tether must not be excessive, as determined by the Animal
Control officer, considering the age, size and health of the dog.
(5) The cable run must be at least (20) feet in length and mounted at least four (4) feet
and no more than seven (7) feet above ground level.
(6) The length of the tether from the cable run to the dog’s collar should allow access to
the maximum available exercise area and should allow continuous access to water and shelter.
The trolley system must be of appropriate configuration to confine the dog to the owner’s
property, to prevent the tether from extending over and object or an edge that could result in
injury or strangulation of the dog, and to prevent the tether from becoming tangled with other
objects or animals.
(7) When a dog is confined outside by means of an enclosure or an electronic
containment device, the area must be of size for adequate movement of the dog and cleaning.
(8) No person shall transport any animal in an open truck without adequate physical
restraint, which will prevent the animal from exiting the vehicle or hanging itself.
10-108. Enforcement.
(1) The provisions of this section shall be enforceable by any law enforcement, animal
control, or code enforcement officer within their jurisdiction.
(2) This section is enforceable by all means provided by law. The maximum fine is $50
per day per violation. Additionally, the City may choose to enforce this section by seeking
injunctive relief in the Environmental Court. In addition to the enforcement procedures provided
herein, this section may be enforced by any other means provided by law, by actions at law and in
equity, and if the City prevails in such action, the City shall be entitled to its costs and reasonable
attorney’s fees incurred in such action.
10-109. Unaltered Animals. Anyone with an unaltered cat or dog over the age of 6
months, if unaltered for any other reason than medical purposes, is required to pay an annual fee
for a breeding license in the amount of $200.00 per owner. The fee will be collected by the City
of Jackson Revenue Office. It is the legislative intent that the provision of this section shall not
apply to the training or use of hunting dogs for sport nor shall it apply to the training and use of
dogs for law enforcement purposes, nor shall it apply to the use of dogs in competitive shows or
dogs that service those with disabilities.
10-110. Removal of animals. The city Animal Control Officer or any humane officer or
police officer may initiate before a city judge a search warrant for any premises upon a showing
of probable cause to believe that a violation of any provision of this section is occurring or has
occurred within a reasonable time thereon; and take charge of and impound the animals or fowl
involved in such violations. The matter of disposition of any such animal shall be determined by
a city judge.
10-111. Use of Fees Collected. One half of the funds collected from these fees will be
deposited in the General Fund of the City of Jackson. One-half of the funds will be
utilized for a low cost spay and neuter program, for which the City will contract with a
local animal rescue group that is designated by the Internal Revenue Service as a 501 (c)
(3) non-profit organization . The contracting non-profit agency will be required to
provide an annual report to the City accounting for use of the funds. One quarter of the
funds will be used by the Health and Sanitation Department to fund a certified humane
officer’s expenses to investigate animal abuse cases.
Submitted by City Councilman Frank Neudecker
TITLE 10
ANIMAL CONTROL
CHAPTER
1. IN GENERAL.
2. LIVESTOCK AND OTHER FARM ANIMALS.
3. VICIOUS DOGS.
CHAPTER 1
IN GENERAL
SECTION
10-101. Definitions.
10-102. Running at large prohibited.
10-103. Noise prohibited.
10-104. Cruelty to animals.
10-105. Number of animals.
10-106. Restraint & Confinement to Property.
10-107. Breeders License
10-108. Enforcement.
10.109. Removal of Animals.
10.110. Use of Fees Collected
10-101. Definitions. Whenever in this title the following terms are used, they shall have
the meanings respectively ascribed to them in this section.
1) “Animals and fowls” as specifically named by whatever name they might be
called, and includes every age and sex of each of the herein named species of
animals and fowls.
2) “Approval” means approval by the health officer pursuant to power granted to
him in this chapter.
3) “Health officer” is the director of health and sanitation of the city.
4) “Keeper” refers to any person owning, keeping, having, using or maintaining any
of the animals or fowls herein referred to.
5) “Rodent-proof” is a state or condition not conducive to entry, feeding or harboring
of rodents.
6) “Sanitary” means a condition of good order and cleanliness, which precludes the
probability of disease transmission. (1972 Code, § 6-1)
7) “Fence” is a barrier enclosing or bordering an area usually made of posts and
wire, wood, or approved metal or vinyl or Fence: A structure of wire, wood,
stone, brick or other materials, excluding invisible fencing, which is of sufficient
height and strength to act as a barrier against the passage of the animal it is
intended to enclose.
“Humane Treatment” means a domesticated dog or cat has received required
vaccinations. The animal has adequate food, water, shelter, and has the ability to
move freely within a confined area.
9) “Adequate space” means a sufficient safe space for adequate exercise suitable to
the age, size, species and breed of animal. For dogs, adequate space means an
enclosure with a minimum of 150 square feet per adult dog.
10) “Breeding”
10-102. Running at large prohibited. (a) The owner of a dog commits an offense if that
dog goes uncontrolled by the owner upon the premises of another without the consent of
the owner of the premises or other person authorized to give consent, or goes
uncontrolled by the owner upon a highway, public road, street or any other place open to
the public generally.
1) It is an exception to the application of this section that:
a. The dog was being moved from one place to another by the owner of the dog;
b. The dog is a police or military dog, the injury occurred during the course of
the dog’s official duties and the person injured was a party to, a participant in
or suspected of being a party to or participant in the act or conduct that
prompted the police or military to utilize the services of the dog;
c. The violation occurred while the injured person was on the private property of
the dog’s owner with the intent to engage in unlawful activity while on the
property;
d. The violation occurred while the dog was protecting the dog’s owner or other
innocent party from attack by the injured person or an animal owned by the
injured person;
e. The violation occurred while the dog was securely confined in a kennel, crate
or other enclosure; or
f. The violation occurred as a result of the injured person disturbing, harassing,
assaulting or otherwise provoking the dog.
10-103. Noise prohibited. No person shall willfully or knowingly keep or harbor on his
premises any dog or other animal that makes or creates loud and obnoxious noises by
whatever method created, thereby disturbing the peace of the neighborhood or disturbing
the occupant of adjacent premises or people living in the vicinity of such loud and
obnoxious noise.
A person shall be deemed to have willfully and knowingly violated the terms of this
section if such person shall have been notified by any police officer of such disturbance
and shall have refused for a period of twenty-four (24) hours to correct such disturbance
and prevent its recurrence. (1972 Code, § 6-39)
10-104. Cruelty to animals. It shall be unlawful for any person to cruelly maltreat any
animal in the city; or to willfully and wantonly kill, maim, wound, poison or disfigure
any horse, ass, mule, cattle, sheep, goat, swine, dog or other domesticated animal, bird or
beast of any kind; or to mutilate, cruelly kill, over-drive, over-ride or over-load, or
unnecessarily confine, or in any manner oppress the same; or to unnecessarily fail to
provide the same with proper food, drink or shelter; or to drive, work or use the same
when such animal is maimed, wounded, sick, lame or otherwise unfit for labor; or to
willfully abandon the same to die; or to carry or to cause the same to be carried, hauled or
forced along in a cruel or inhumane manner; or to leave any animal tied up or confined
anywhere, day or night, for more than six (6) hours at a time without properly feeding,
watering and caring for the same. This section shall not be construed to prevent
policemen or other persons from destroying dogs or other animals when lawfully entitled
to do so. (1972 Code, § 6-7)
10-105. Number of animals.
In no event shall any person keep at his or her premises more pet animals than can be
properly maintained in a healthy condition without presenting a health or safety hazard to
the owners, keeper or others and without constituting a nuisance to the occupants or
neighboring properties.
10-106. Restraint & Confinement to Property.
It shall be unlawful for any owner or possessor of any dog to fail to keep the dog under
restraint or control as provided for in this section.
A dog is considered not under restraint or control when it is running at large, whether
wearing a collar and tag or not. Reasonable care and precautions shall be taken to prevent
the dog from leaving the real property limits of its owner, possessor, or custodian, and
ensure that:
It is securely and humanely enclosed within a house, building, fence, pen of
adequate size or other enclosure of adequate size out of which it cannot climb,
dig, jump, or otherwise escape on its own volition; and that such enclosure is
securely locked at any time the animal is left unattended
Fences for all dogs must be of sufficient height, strength, and repair to safely
contain the dogs on the premises and prevent children from entering the yard or
enclosure.
It is on a leash and under the control of a competent person; or it is off leash and
obedient to and under voice command of a competent person who is in the
immediate proximity of the dog any time it is not restrained as provided for
above.
Dogs or cats shall not be chained, tied, fastened to dog houses, trees, fences, or
other stationary objects as a means of confinement to property.
10-107. Breeder License – Any person who possesses or maintains less than twenty
adult female dogs in whole or in part for the purpose of the sale of their
offspring as companion animals will require a yearly license issued by the city
of Jackson. Fee should be established by City Council vote and periodically
reviewed. License approval will require a background check before license can
be granted as well as an inspection of the grounds. Background checks will be
performed by __________________. Property inspections shall be performed
by _________________________. Note: Should grounds will be inspected
randomly or annually by city health officials as a prerequisite to obtaining a
license.
10-108. Enforcement
1. The provisions of this section shall be enforceable by any law enforcement,
animal control, or code enforcement officer within their jurisdiction.
2. This section is enforceable by all means provided by law. The maximum fine is
$50 per day per violation. Additionally, the City may choose to enforce this
section by seeking injunctive relief in the Environmental Court. In addition to the
enforcement procedures provided herein, this section may be enforced by any
other means provided by law, by actions at law and in equity, and if the City
prevails in such action, the City shall be entitled to its costs and reasonable
attorney’s fees incurred in such action.
10-109. Removal of animals. The city Animal Control Officer or police officer may
initiate before a city judge a search warrant for any premises upon a showing of
probable cause to believe that a violation of any provision of this section is
occurring or has occurred within a reasonable time thereon; and take charge of
and impound the animals or fowl involved in such violations. Animal shall be
placed in the care of the Animal Control and their facilities.
Note: Friday US District Judge Charles Simpson III ruled on the following
1. Section 91.022 of the Louisville/Jefferson County Metro Gov. Code of
ordinances (LJCMGC) is declared unconstitutional insofar as it requires owners
of unaltered dogs to obtain written approval of their enclosures. Plaintiffs’
motion for summary judgment (DN 20) is GRANTED in this respect, and
Metro’s motion for summary judgment (DN27) is DENIED to the same extent.
Metro is hereby enjoined from enforcing 91.022′s written approval requirement.
2. Section 91.101 of the LJCMGC of Ordinances is declared unconstitutional
insofar as it threatens to deprive pet owners of their property rights without a
finding of guilt. Plaintiffs’ motion for summary judgement (DN 20) is
GRANTED in this respect, and Metro’s motion for summary judgement(DN 27)
is DENIED to the same extent. Metro is hereby enjoined from enforcing 91.101
in the manner just described.
3. Plaintiffs’ Fourth Amendment claims regarding 91.073(D), 91.094(A)
and 91.101.(A) are hereby DISMISSED for lack of subject-matter jurisdiction.
The Court is without authority to rule on the parties’ motions for summary
judgment as regards those claims.
10-110. Use of Fees Collected. All of the funds will be utilized for a low cost spay and
neuter program, for which the City will contract with a local veterinary clinic.
The contracting clinic will be required to provide an annual report to the City
accounting for use of the funds.
Add to
Vicious Dogs
Owners of dogs that have been determined as vicious by means of (Vicious Dog Board)
who maintain their dogs out-of-doors shall fence a portion of their property with a second
perimeter or area fence. Within this perimeter or area fence, the vicious animal must be
humanely confined inside a pen or kennel of adequate size. The pen or kennel may not
share common fencing with the area or perimeter fence. The kennel or pen must have
secure sides and a secure top attached to all sides. The sides must either be buried two
feet into the ground or sunken into a concrete pad. The gate to the kennel shall be inwardopening
and shall be kept locked except when tending to the animal’s needs such as
cleaning the kennel or providing food and water.
Proposal Dr. Lake Proposal Councilman
Neudecker
Definitions – “Fence” is a barrier enclosing
or bordering an area usually
made of posts and wire, wood,
or approved metal or vinyl or -
- “Fence” is a structure of wire,
wood, stone, brick or other
materials, excluding invisible
fencing, which is of sufficient
height and strength to act as a
barrier against the passage of
the animal it is intended to
enclose.
- “Adequate space” means a
sufficient safe space for
adequate exercise suitable to
the age, size, species and breed
of animal. For dogs, adequate
space means an enclosure with
a minimum of 150 square feet
per adult dog.
- “Breeding”
Number of animals – No more than a combined
total of 6 adult dogs or adult
cats are allowed per
residence.
- No restrictions on the
number of dogs and cats
younger than six (6) months
old
- Thirty days from the
notice of violation to
resolve
- May exceed the maximum
via a special “Animal
Lodging” permit.
- Prerequisite to permit -
City of Jackson Animal
Control Office completes an
inspection
- Permit is recommended at
$50.00
- The permit is valid for a
period of one (1) year from
the date of issue
- In no event shall any person
keep at his or her premises
more pet animals than can be
properly maintained in a
healthy condition without
presenting a health or safety
hazard to the owners, keeper or
others and without constituting
a nuisance to the occupants or
neighboring properties.
Restraint &
Confinement to Property
- Dogs or cats shall not be
chained, tied, fastened to
dog houses, trees, fences, or
other stationary objects as a
means of confinement to
property. Dogs may be
restrained by means of a
fence, pen or a trolley
- Dogs or cats shall not be
chained, tied, fastened to dog
houses, trees, fences, or other
stationary objects as a means of
confinement to property.
- Enclosed within a house,
building, fence, pen of
adequate size or other
system, which a tether is
attached to a pulley on a
cable run….
- When a dog is confined
outside by means of an
enclosure or an electronic
containment device, the area
must be of size for adequate
movement of the dog and
cleaning.
- No person shall transport
any animal in an open truck
without adequate physical
restraint.
enclosure of adequate size out
of which it cannot climb, dig,
jump, or otherwise escape on
its own volition; and that such
enclosure is securely locked at
any time the animal is left
unattended
- Fences for all dogs must be of
sufficient height, strength, and
repair to safely contain the
dogs on the premises and
prevent children from entering
the yard or enclosure.
- It is on a leash and under the
control of a competent person;
or it is off leash and obedient to
and under voice command of a
competent person who is in the
immediate proximity of the dog
any time it is not restrained as
provided for above.
- Invisible fences are not
considered secure encloses
Enforcement
Enforceable by any law
enforcement, animal
control, or code
enforcement officer
This section is enforceable
by all means provided by
law. The maximum fine is
$50 per day per violation.
City may choose to enforce
in the Environmental Court.
The City shall be entitled to
its costs and reasonable
attorney’s fees incurred.
Same
Recommend a change in
maximum fine to refer to state
law that limits fines
Unaltered Animals Anyone with an unaltered
cat or dog over the age of 6
months is required to pay an
annual fee for a breeding
license in the amount of
$200.00 per owner.
Not included
Exceptions: if unaltered for
any other reason than
medical purposes.
The training or use of
hunting dogs for sport
The training and use of dogs
for law enforcement
purposes
The use of dogs in
competitive shows
Dogs that service those with
disabilities.
Removal of animals By:
- Animal Control Officer
- any humane officer
- police officer
- May initiate before a city
judge a search warrant for
any premises upon a
showing of probable cause
to believe that a violation
- Take charge of and
impound the animals or
fowl involved in such
violations.
- The matter of disposition
of any such animal shall be
determined by a city judge
By:
Animal Control Officer
Police officer
May initiate before a city judge
a search warrant for any
premises upon a showing of
probable cause to believe that a
violation Evidence of such
violations must be presented to
the court of jurisdiction and
upon a guilty verdict take
charge of and impound the
animals or fowl involved in
such violations. Animal shall
be placed in the care of the
Animal Control and their
facilities.
Breeding License Anyone with an unaltered
cat or dog over the age of 6
months, if unaltered for any
other reason than medical
purposes, is required to pay
an annual fee for a breeding
license in the amount of
$200.00 per owner
Any person who possesses or
maintains less than twenty
adult female dogs for the
purpose of the sale
Require a yearly license issued
by the city of Jackson.
Fee should be established by
City Council vote and
periodically reviewed.
Approval will require a
background check before
license can be granted as well
as an inspection of the grounds.
Background checks will be
performed by
__________________.
Property inspections shall be
performed by
_________________________.
Use of Fees Collected One half of the funds
collected from these fees
will be deposited in the
General Fund
One-half of the funds will
be utilized for a low cost
spay and neuter program
The City will contract with
a local animal rescue group
use of the funds.
One quarter of the funds
will be used by the Health
and Sanitation Department
to fund a certified humane
officer’s expenses.
All of the funds and fines will
be utilized for a low cost spay
and neuter program
The City will contract with a
local veterinary clinic for the
use of funds.