DOGS and CATS

Memphis Code of Ordinances tit. 8, ch. 8-3

in effect

Memphis Code of Ordinances § 8-3-1 Animal neglect and animal cruelty.

Sec. 8-3-1. - Animal neglect and animal cruelty. A. Pursuant to this chapter, animal services may impound any animal suffering from gross neglect as detailed herein or animal cruelty. B. Any person who shall, voluntarily or by necessity, take custody of any animal, on any property, shelter, or other place, shall supply to that animal adequate care, conditions, food, shelter, and water as defined in section 8-1-2 of this chapter. C. Owners/custodians shall not allow any companion animal that is pregnant, nursing, or less than six months old to remain outdoors during inclement weather conditions unless such animal is accompanied by a custodian, keeper, or handler. In the event of extreme weather, as determined by the director of animal services, the owner/custodian must make alternate housing arrangements to ensure the health and safety of the pet if the provided shelter does not offer adequate protection from heat or cold exposure. D. Inhumane transport of animals. No person shall carry or cause to be carried in or upon any vehicle or other conveyance, any creature in a cruel, inhumane, or unsafe manner. Whenever any person in violation of this section is taken into custody by an officer, the officer may take charge of such vehicle or other conveyance and its contents and deposit the same in some safe place of custody. Any necessary expense incurred for taking charge of and keeping and sustaining the vehicle or other conveyance and its contents shall be paid before the vehicle or other conveyance can be recovered. E. Abandonment of dogs. No person may intentionally, knowingly, recklessly or with criminal negligence leave a dog at a location without providing adequate care as defined in this section, release a dog they have taken into their custody to run at-large, or tether the pet to a structure they do not own with the intent of abandonment. This includes dogs abandoned on the property of an animal shelter, veterinary clinic or any commercial or residential property. F. If the animal services director or an animal services officer determines that evidence exists that any person has committed acts of animal neglect or cruelty knowingly, willfully or with gross neglect for the welfare of the animal, then misdemeanor or felony cruelty charges will be issued by the Memphis Police Department, in addition to any summons for an ordinance violation of this chapter. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-2 Dog license tags required/Cat vaccination required.

Sec. 8-3-2. - Dog license tags required/Cat vaccination required. A. Dogs—Licensing and vaccination. It is unlawful for any person to own, have, harbor, keep or to cause or permit to be harbored, or kept in the city, any dog three months old or over, unless a current city license tag has been issued for such dog, subject to the exceptions provided in section 8-2-5(F). Prior to the issuance of a city dog license tag, the animal must receive a vaccination for rabies, or the owner of the animal must provide evidence that such animal has been so vaccinated and such vaccination is still current. In addition to the cost of the rabies vaccination, a city dog license tag shall be required for a 12-month period, beginning during the month of purchase, and expiring during the same month of the following year, and a license must thereafter be purchased annually on the same basis, in advance of such expiration date. Fees vary based on whether the animal is fertile or sterile, in accordance with the city's current fee schedule as defined in this chapter. 1. No license is transferable. 2. A city dog license tag may be purchased from the veterinarian at the time of vaccination or can be purchased at Memphis Animal Services. 3. If the license is purchased from a veterinary clinic, the veterinarian issuing the license may collect an agent's fee of $1.00 for this service. 4. If the license is purchased from a non-veterinarian source, such as Memphis Animal Services, the purchaser shall exhibit records from a licensed veterinarian, describing and identifying the animal and certifying its sterility, to pay the proper license fee. No license is transferable. 5. In the event a dog tag or license is lost, stolen or unavoidably mutilated, or damaged, the owner may apply for a duplicate license and tag. After investigation and upon payment of a fee in accordance with the city's current fee schedule as defined in this chapter, the director may, at their discretion, issue a duplicate license and tag. B. Cats—Vaccination. It is unlawful for any person to own, have, harbor, keep or to cause or permit to be harbored, or kept in the city, any cat three months old or over, unless such person holds a current certificate of rabies vaccination for each such animal, subject to the exceptions provided in section 8-2-5(F). C. The provisions of this section regarding licensing shall not apply to nonresidents traveling through the city or if the animal is staying temporarily for a period of less than 30 days. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-3 Mandatory spaying and neutering of cats and dogs.

Sec. 8-3-3. - Mandatory spaying and neutering of cats and dogs. No person shall own, harbor, or keep within the city a dog or cat which has not been spayed or neutered. It is a defense to prosecution under this section that: 1. The animal is under six months old; 2. A licensed veterinarian has certified within the past year that the dog or cat should not be spayed or neutered for health reasons or is permanently infertile; 3. The animal is being held for adoption by animal services or an animal welfare organization with an active 501(c)3; 4. The dog is documented as having been appropriately trained and actually being used by public safety agencies for law enforcement or search and rescue activities, or such dogs designated as breeding stock for law enforcement or search and rescue by an appropriate agency or organization and approved by the director of animal services; 5. The dog is designated by an appropriate agency or organization as breeding stock for service dogs such as guide dogs, hearing dogs, assistance dogs, seizure alert dogs, or social/therapy dogs, and approved by the director of animal services; 6. The dog is appropriately trained and actually being used for herding of other animals, or as a livestock guardian dog, hunting dog, or such dogs designated as breeding stock for these functions by an appropriate agency or organization and approved by the director of animal services; 7. The dog or cat is registered with a purebred dog or cat club, approved by the director of animal services, that maintains and enforces a code of ethics for breeding that includes restrictions on breeding dogs and cats with genetic defects and life-threatening health problems common to the breed. 8. The owner produces to the court proof of sterilization from a licensed veterinarian showing the dog or cat was sterilized at the time the summons was issued, or not later than 30 days after the summons was issued; or 9. The owner holds a valid fertile permit under section 8-3-4. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-4 Fertile permit.

Sec. 8-3-4. - Fertile permit. A. Owners of fertile pets and not qualifying for any of the exemptions listed in section 8-3-3 must purchase a fertile permit in person during regular business hours from the division of animal services in accordance with the current fee schedule as defined in this chapter. B. A separate permit is required for each unsterilized dog or cat. Each permit authorizes the whelping of no more than one litter per female in any 12-month period and no more than one litter per domestic household in any 12-month period. C. The dog or cat must follow the vaccination requirements as defined in the Section 8-3-2 of this chapter to be eligible for a fertile permit. D. The dog or cat must be microchipped to be eligible for a fertile permit. E. Animals impounded for violation of this chapter are not eligible for a fertile permit purchase at the time the animal is reclaimed at animal services and must be spayed/neutered before leaving the facility unless another exemption defined in this chapter is met. F. The director shall revoke a fertile permit if animal services determines that the permittee: 1. Failed to comply with any provision of this chapter; 2. Allows the offspring of a permitted dog or cat to be sold, adopted, or otherwise transferred, regardless of compensation, before the offspring have reached at least eight weeks old and have been vaccinated against common diseases; 3. Intentionally made a false statement as to a material matter to obtain a fertile permit. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-5 Mandatory microchipping.

Sec. 8-3-5. - Mandatory microchipping. A. The owner or custodian of any dog or cat must have the animal implanted with a registered microchip before the animal is six months old or within 30 after acquired if over six months. B. A dog or cat is exempt from this requirement if the dog or cat is determined in writing to be medically unsuitable for microchipping by a licensed veterinarian. C. The owner or custodian of a dog or cat shall maintain current registration with a microchip registration company. 1. The owner or custodian shall update contact information, including new address or telephone number with the microchip registration company within 30 days of the change in contact information. 2. After any change in ownership of a registered dog or cat, the initial owner or custodian shall be responsible for notifying the microchip registration company of a change in ownership within 30 days of transfer to the new owner. The new owner or custodian shall be responsible for re-registering the microchip to have the registration information transferred to the new owner's or custodian's name within 30 days after the change in ownership and for maintaining current contact information as described herein. D. It is a violation of this chapter for any owner or custodian to fail to microchip or maintain current registration as described herein. E. It is a defense to prosecution under this section that: 1. The animal owner is a non-resident of this city or has been a resident of this city for fewer than 30 days; 2. The animal is abandoned or lost and the temporary custodian possessed the dog or cat for fewer than 30 days; or 3. The owner produces to the court proof of microchipping from a licensed veterinarian showing the dog or cat was microchipped at the time the summons was issued, or not later than 30 days after the summons was issued. F. Memphis animal services shall be authorized to provide funds, if available, to defray the cost of microchipping any dog or cat for any owner that cannot afford the cost thereof. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-6 Dogs Running at-large.

Sec. 8-3-6. - Dogs Running at-large. A. Generally. Dog owners or custodians shall always keep animals on a leash or other suitable restraint (as defined in subpart C) or confined by a fence on their property or, with permission, the private property of another. Dogs shall be restrained to prevent the animal from being at-large; biting; harassing any person engaged in a lawful act; interfering with the use of public or private property; or violation of any other section of this code. Unless confined by a fence or other suitable restraint, no animal shall be permitted to run at-large on the property of the owner or custodian of such animal. B. Walking dog on a leash. Any person walking a dog on public property including sidewalks, or on the private property of others, must always keep the dog on a leash and under physical control. Physical control means the ability to restrain the movement of the dog. The leash must be kept in good condition, of sufficient strength to prevent breaking under pressure,; and of material generally resistant to chewing or gnawing by an animal. The length of a leash must be sufficient to always control the dog from harassing pedestrians or other animals. C. Methods of restraint. 1. Dog restrained by traditional fencing. To prevent the dogs from escaping fencing must be in good condition and maintained, of recognized construction methods, and of adequate size for the number and size of dogs. Entry or exit gates must be properly secured by a latching or locking mechanism. Fences should be at least 2½ times the height of the animal it is intended to restrain. The height of the dog is measured at the dog's shoulder when the dog is standing on four legs. If should a dog escapes from a fence, either by climbing or digging, additional fencing height, kennels, or other restraint methods may be required. Fencing must be sufficient to make an in-heat female dog inaccessible to any male dog and prevent the female dog from running at-large. Existing fencing, regardless of height, will be considered acceptable means of restraint unless and until a written and verified complaint is filed with Memphis Animal Services. 2. Dogs restrained by invisible fencing. As an alternative to traditional fencing, tie-outs or overhead cable runs, a dog may be restrained with invisible fencing properly set up and maintained. The following conditions must be met: a. The system must be rated for use by dogs, installed according to manufacturer's instructions, and properly maintained. b. The dog must receive training regarding the boundaries of the fencing. c. The fencing must be sufficient to make an in-heat female dog inaccessible to any male dog and prevent the female dog from running at-large. d. Two warning signs of a minimum six inches by eight inches (6'×8') visible from the public sidewalks and public streets or driveways must be placed on the fenced yard. The signs must include the following: "Dog is contained by electronic device" or similar wording, the name, logo/trademark, address, and telephone number of either the company that installed the system or the company that maintains the system. 3. Dog restrained by tethering. As an alternative to fencing, dogs may be restrained by tether. No person shall allow any dog restrained by tether to remain outside and unattended unless all of the following conditions are satisfied: a. The tether is not unreasonably heavy in proportion to the weight of the animal. b. A swivel is located at both ends of the tether and the tether is free of tangles. c. The collar or harness on the animal to which the swivel is attached is a properly fitted collar or harness as defined in this chapter. The collar must be made of a material which poses no risk of lacerations. Choke and pinch collars are not permitted on tethered dogs. d. The tether is not less than ten feet in length. e. At all times, the animal has access to water, shelter, dry ground free of standing water and animal waste, and access to adequate food. f. The animal is at least three months old and has a current rabies vaccination with its tag visibly displayed. g. The animal is not sick or injured. h. If used, pulley, running line, or trolley systems are installed according to manufacturer's instructions and do not pose a safety risk to the dog. i. If there are multiple animals, each animal must be tethered separately. j. The tethering device shall allow the tethered dog to lie down comfortably in all positions of tether. k. Dogs restrained by tie-outs or overhead cable runs must be spayed or neutered, even if otherwise subject to any exemption in this chapter. D. Exemptions. 1. Dogs employed as police, service, therapy, and search and/or rescue dogs are exempt from the requirements of this section while used in their working capacity or while engaged in a training program with a recognized organization or government agency that regularly trains dogs for such use. 2. Dogs off-leash in areas designated for such use by departments of city government, or on grounds under their jurisdiction, and dogs engaged in conformation, competition, or performance related events on public or private property. E. Prima facie evidence. If a dog is found running at-large by animal services employees, the incident shall constitute prima facie evidence that current restraint methods are inadequate. The owner shall be required to correct any conditions that permitted the dog to run-at-large or provide such additional restraints as necessary to secure and maintain the restraint of the dog. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-7 Defecation by dogs or cats.

Sec. 8-3-7. - Defecation by dogs or cats. A. It is unlawful for any owner/custodian of any dog or cat to fail to promptly remove and dispose in a sanitary manner of feces left by a dog or cat on property, public or private, other than the premises of the owner or custodian of such dog or cat. B. Persons owning pet dogs or service dogs, such as seeing eye dogs, who are legally blind or confined to a wheelchair and thereby physically incapable of disposing of feces left by their animal, are exempt from this law. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-8 Guard dogs.

Sec. 8-3-8. - Guard dogs. It is unlawful for any person to place or maintain guard dogs in any area of the city for the protection of persons or property unless the following provisions are met: 1. The guard dog shall be confined, or the guard dog shall always be under the absolute control of a custodian when not confined by way of lead or leash. 2. The owner or other persons in control of the premises upon which the guard dog is maintained shall post warning signs stating that such a dog is on the premises. At least one such sign shall be posted at each driveway or entranceway to said premises. Such signs shall be in lettering clearly visible from either the curb line or 50 feet, whichever is less, and shall contain a telephone number where some person responsible for controlling such guard dog can be reached 24 hours a day. 3. The above provisions shall not be applicable to dogs used in law enforcement by federal, state, or local law enforcement agencies. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-9 Examination for Rabies.

Sec. 8-3-9. - Examination for Rabies. A. If any dog or cat has bitten any person and breaks the skin or is suspected of being infected with rabies, it shall be the duty of the owner or custodian to notify Memphis Animal Services within 24-hours of the bite, and to quarantine the pet for a ten day period. The animal shall be restricted to a building, pen, or other escape-proof enclosure and monitored for signs of rabies. Signs and symptoms of rabies can be found in the National Rabies Compendium on the Centers for Disease Control and Prevention website available at www.cdc.gov. B. Quarantine. 1. Within 24-hours of the bite incident or first indication of rabies, the owner/custodian must contact Memphis Animal Services to provide proof of current rabies vaccination and to begin quarantine process at home or at a licensed veterinary clinic. 2. The owner/custodian must provide secure containment for the animal during the quarantine. If on day 11 the pet is exhibiting symptoms consistent with rabies, the owner must present the pet to a licensed veterinarian for examination. Written certification from the examining veterinarian of negative rabies status shall be provided to Memphis Animal Services withing 24 hours of receipt from veterinarian. 3. The owner/custodian must complete all documents provided by Memphis Animal Services to fulfill compliance requirements for this section. 4. At the end of the quarantine period and no later than 30 days of the bite incident, the animal must provide proof of or, if not previously, be fitted with a microchip implant and spayed/neutered even if otherwise subject to any exemption in this chapter. C. Special circumstances. 1. The director of Memphis Animal Services may order the quarantine completed at the MAS facility if the attack resulted in a severe bite, mauling, and/or human death, the animal has a history of running at-large, or the animal is not properly confined by the owner during the quarantine period. 2. Any stray, unowned, or apparently abandoned animal that bites a human being will be held for ten-days. At the end of the ten-day holding period, the animal may be euthanized in an expeditious and humane manner. Any animal determined to have been involved in a bite incident and held for less than ten-days shall be tested at the state laboratory for rabies. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-10 Dangerous dogs; determination of dangerous dog.

Sec. 8-3-10. - Dangerous dogs; determination of dangerous dog. A. If an animal services officer initially determines that a dog should be classified as dangerous as defined in this chapter or under T.C.A. § 44-17-120(a), notification will be sent to the owner or other responsible party. A mandatory ordinance summons shall be issued to the owner/custodian by the animal services officer citing the Code section violated and setting a date to appear in a court of competent jurisdiction for a determination. Any decision of the court shall be final, subject to appeal to a higher court of competent jurisdiction. 1. In the alternative a petition may be filed by Memphis Animal Services with the general sessions court, pursuant to T.C.A. § 44-17-120 (b), for a disposition order for the dangerous dogs or dogs causing death or serious bodily injury to humans or other animals. 2. If the owner does not appear before the court within five days of the receipt of notice and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed. B. Upon receipt of summons, the owner/custodian shall place their pet into a secure boarding facility until a final decision is issued by a judge. The owner/custodian has following options for secure boarding: 1. Upon payment of security bond to Memphis Animal Services according to the current fee schedule as defined in this chapter, the owner/custodian may board the dog at a licensed veterinary clinic at the owner/custodian's sole expense. The veterinary clinic must confirm in writing to the animal shelter director that the animal will be boarded in a private, licensed veterinary clinic. The purpose of the security bond it to ensure compliance pending all court appearances. 2. Alternately, without a security bond and at the owner/custodian's request and sole expense, the dog may be kept at Memphis Animal Services. The owner shall pay the daily boarding rate for each day or fraction thereof the dog remains at the shelter in accordance with the current fee schedule as defined in this chapter. The owner must pay for 30 days of care in advance. After the initial payment and until the court authorizes the release of the animal, the owner/custodian must pay the charge in advance, keeping the account ahead 30 days. 3. Alternately, the owner/custodian may elect to surrender the dog to Animal Services with a signed document requesting the dog be euthanized. 4. All payments to Memphis Animal Services must be made within ten days of issuance of the summons or within 24-hours of the defendant's initial court appearance whichever comes later. If the bond or boarding fees are not paid as required in this section, the animal shall be deemed forfeited. 5. After the satisfaction of fees, fines, and/or court-ordered payments, overpayments shall be returned to the owner/custodian within a reasonable time after of the final disposition of the case. C. Failure of an owner to respond to the ordinance summons shall result in the animal being declared a dangerous dog by operation of law. The owner/custodian is deemed to have waived all rights to a hearing on the dog's classification. The animal shall be surrendered to Memphis Animal Services immediately or it shall be impounded. A show cause notice shall be issued requiring the owner/custodian to appear before the court within five days to show cause why the dog should not be euthanized. The show cause hearing is solely for determination of the issue of euthanasia. Failure to appear or show cause will result in entry of a final surrender and disposition order permitting the dog to be euthanized. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-3-11 Dangerous Dogs; Duty of Owner of Dangerous Dog.

Sec. 8-3-11. - Dangerous Dogs; Duty of Owner of Dangerous Dog. Upon conviction, a court of competent jurisdiction may order the defendant to: A. Enroll, attend, and complete an approved animal behavior modification at the owner/custodian's expense. B. Registration and Tag. 1. Within 30 days after an animal is classified as dangerous, the owner of the animal must obtain a dangerous dog tag for the animal from Memphis Animal Services. The tag shall be worn by the dog at all times and renewed annually. The animal services director, or their designee, is only authorized to issue such tags and renewals to persons who are at least 18 years old and who present to the animal services director, or their designee, sufficient evidence of: a. A current certificate of rabies vaccination for the animal; b. A proper enclosure to confine a dangerous animal and the posting at all entry points of the premises a clearly visible warning sign of a dangerous animal on the property or premises which reads: WARNING DANGEROUS DOG ON PREMISES c. Proof that the dog has been spayed/neutered and microchipped; d. Proof of a current public liability insurance policy or a bond of not less than $50,000.00 insuring the owner of the animal for any damages, whether arising from personal injury or otherwise, which may be caused by the dangerous animal. Such policy must provide for 30 days' notice to the city of Memphis Animal Services prior to cancellation or expiration of the policy. In the event such liability insurance or bond is canceled, lapses, or for any other reason becomes unenforceable, the owner shall be in violation of the provisions of this chapter and title; e. Payment in accordance with the current fee schedule as defined in this chapter for the issuance of a dangerous dog tag. 2. If the owner/custodian does not obtain a dangerous dog tag within 30 days or fails to comply with any of the conditions listed herein, the classified dog shall be forfeited and must be immediately surrendered to Memphis Animal Services or shall be impounded by an animal services officer. 3. The owner/custodian shall immediately notify the appropriate animal control authority when an animal that has been classified as dangerous: a. Is running at-large or unconfined; b. Has bitten a human being; c. Is sold, given away, or dies; prior to a dangerous animal being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority; any new owner residing in the city must comply with all the requirements of this chapter and title without further order of the court. d. Is moved to another address. B. Confinement outdoors. 1. All dangerous dogs shall be confined in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in this section. 2. Such pen, kennel or structure shall be at least 20 feet from any street or sidewalk, ten feet from any property line and must have secure sides and a secure top to the structure. 3. Such structures must be locked with a key or combination lock when any animal is within the structure. 4. Such structure must have a secure concrete bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. 5. All structures erected to house dangerous animals must be a minimum of six feet by ten feet (6'×10') enclosure and comply with all zoning and building regulations of the city. 6. All such structures must meet the definition of adequate shelter as defined in this chapter and must be inspected and approved by Memphis Animal Services. D. Confinement indoors. No dangerous animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building of its own volition. In addition, no such animal may be kept in a house or structure when any unbarred window is open or when any screened window or screen door is the only obstacle preventing the animal from exiting the structure. E. Leash and muzzle. 1. No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a substantial restraint no longer than four feet in length. 2. No person shall permit a dangerous animal to be kept on rope or other type of leash outside of its kennel or pen unless a competent person at least 18 years old is in physical control of the restraint. 3. Such animal may not be leashed to inanimate objects. 4. All dangerous animals on a leash outside the animal's kennel must be muzzled to prevent such animal from biting persons or other animals. The muzzle should not cause injury to the animal or interfere with its vision or breathing but shall prevent it from biting any person. F. Any dog charged as dangerous, notwithstanding a later finding of not guilty, must be fitted with a microchip implant and spayed/neutered within 30 days of the biting incident with no exceptions. (Ord. No. 5843, § 1, 7-11-2023)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT8AN_CH8-3DOCAFetched: 10/28/2026