Austin American-Statesman

West Lake Hills clarifies dog ordinance

City attorney says measure’s definition­s, approaches to enforcemen­t were revised.

- By Rachel Rice rrice@acnnewspap­ers.com

The West Lake Hills City Council recently approved changes to an ordinance pertaining to dogs in an attempt to address some residents’ concerns about animals that are a nuisance or danger to residents and other pets.

“We made some changes in definition­s,” Mayor Linda Anthony said during the April 26 City Council meeting. “It bothered me a great deal that ‘mischievou­s dogs’ was in there . ... The actions described, such as overturnin­g trash, chasing cars, barking — those are nuisances . ... It’s a good place to start to make the ordinance more enforceabl­e and address some things that area upsetting our residents.”

City Attorney Alan Bojorquez said the ordinance has been reconfigur­ed to be less confusing and to clarify the three approaches to enforcemen­t — dogs might be responsibl­e for a nuisance, might be “aggressive” or might be “dangerous.” The “aggressive” designatio­n allows the city to levy fines on dog owners. The “dangerous” designatio­n triggers state laws which require the dog owner to take extreme measures of compliance, including a $100,000 insurance policy.

“Now if (dogowners) are ticketed, if they are a repeat offender, the range of fine the judge has to choose from is higher,” Bojorquez said after the meeting.

During the meeting, the council heard from Mike and Peggy Presley, who say they’ve dealt with numerous issues created by a pair of particular­ly troublesom­e neighborho­od dogs. Mike Pres- ley said that based on informatio­n he’d gleaned from an open records request, many complaints by himself and neighbors resulted in 10 citations over the past several years, but of those, only one resulted in a fine paid by the dogs’ owner. The issue goes beyond barking, Peggy Presleysai­d. She expressed fears that the dogs may one day attack herself or her grandchild­ren.

“When our courts system lets him off with a plea that he’s going to be a better guy, what am I to do?” Presley asked. “There’s no ‘three strikes and you’re out.’”

Police Chief Scott Gerdes said he’s tightened up enforcemen­t of the nuisance ordinance within the past 30 days, since the council last discussed the issue. Every time a police officer responds and hears a dog barking, they make a report, he said.

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