ARTICLE 4.01 GENERAL PROVISIONS
*Sec. 4.01.001 Definitions
When used in this chapter, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:
Abandon. To cease to provide control over, and cease to provide shelter, food, and water for an animal without transferring such care, custody, and physical control of such animal to another person with that person’s knowledge and consent.
Animal. Any living creature, including but not limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock but specifically excluding human beings.
Animal control officer. The animal control supervisor or his or her authorized agents, designated to represent and act for the city in the impoundment of animals and the control of animals running at large, and who has the responsibility and authority for enforcing all provisions of this chapter.
Animal shelter. The public animal shelter or pound established and maintained by the city or other government entity for the purpose of impounding and caring for animals held under the authority of this chapter and/or state law.
Cat. A domesticated member of the Felidae (feline) family regardless of sex, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar, lynx, cheetah, and other like carnivorous wild animals.
Dangerous dog.
(1) Any dog which because of its physical nature and vicious propensity is capable of inflicting serious physical harm or death to human beings and would constitute a danger to human life or property;
(2) Any dog which has behaved in such a manner that the owner thereof knows or should reasonably know that the dog is possessed of tendencies to attack or to bite human beings or other animals;
(3) Any dog certified by a doctor of veterinary medicine, after observation therefore, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability;
(4) Any dog that commits an unprovoked attack on a person or animal on public or private property and the attack did not occur in a pen or other enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the pen or enclosure on its own; or
(5) Any dog that attacks or threatens to attack a person and the attack or threat to attack did not occur in a pen or other enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the pen or enclosure on its own.
Defilement. To foul, dirty, pollute or make filthy, either by animal body or wastes, or by the carrying or dragging of foul material.
Dog. A member of the Canidae (canine) family regardless of sex, other than a wolf, jackal, fox, dingo, coyote or other prohibited animals.
Estray. Any stray horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, or head of any species of cattle.
Estrus. A period of time during which most female animals may conceive, commonly known as heat.
Guard/attack dog. A dog which is trained to attack persons upon the command of its master or custodian or upon the actions of an individual.
Harbored animal. An animal that is fed or sheltered for a period of ten (10) days and/or an animal which returns to specific premises on three (3) consecutive occasions while pursued.
Impound. To take into custody or to place in the animal control shelter of the city or other authorized confinement area.
Kennel. The house, store, yard, enclosure or place where four (4) or more dogs or cats over the age of three (3) months are harbored or kept.
Livestock, large. Cattle, horses, ponies, mules, swine, emus, llamas, ostriches and animals of the same approximate weight and size.
Livestock, medium. Goats, sheep, donkeys, miniature horses and other animals of the same approximate weight and size.
Livestock, small. Fowl, rabbits, and other livestock animals of the same approximate weight and size.
Owner. Any person, firm or corporation who owns, harbors or has the custody, care or management of one (1) or more animals.
Pet animals. Dogs, cats, rabbits, rodents, birds, nonpoisonous reptiles, and any other species of animal which is sold or retained as a household pet, but shall not include skunks, nonhuman primates, constricting snakes, and any other species of wild or exotic or carnivorous animal that may be further prohibited or restricted in this chapter.
Primary quarters. A pen, corral or escape-proof enclosure within a larger grazing area in which large livestock are kept.
Public nuisance. A condition which injures or endangers the public health, safety, and welfare; gives offense to the senses; gives material annoyance, inconvenience, or discomfort to a person of ordinary sensibilities; or interferes with the reasonable use and enjoyment of public or private property. Any place or facility where animals are kept or harbored which is not maintained in a clean and sanitary condition so as to prevent obnoxious odors; the attraction, breeding or potential breeding of flies; the attraction, harboring or breeding of rodents or potential breeding of rodents; or the creation of any other public nuisance.
Running at large
(1) Any dog not confined by premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping there from, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises of the owner when the leash is stretched to full length. Any animal within an automobile or other vehicle of its owner or owner’s agent shall not be deemed to be running at large. Any animal restrained by a leash or lead under physical control of a person shall not be deemed to be running at large.
(2) Any cat which does not display a rabies or license tag on collar or harness or which is unconfined during estrus, or both.
Spayed. Refers to a female animal incapable of becoming impregnated; an animal that is infertile.
Vaccination. The application of an antirabies vaccine into a dog, cat or other domestic animal, which vaccine is approved by the department of state health services and administered by a veterinarian licensed by the state.
Veterinarian. A person qualified and authorized to treat diseases and injuries of animals who is licensed by the state board of veterinary medical examiners.
Veterinary clinic/hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals.
Wild animal. Any live monkey (nonhuman primate), raccoon, skunk, fox, wolf, bear, leopard, panther, tiger, lion, lynx or any other animal which can be normally found in the wild state. Also, poisonous snakes, constricting snakes, alligators, crocodiles or animals associated with the reptile family.
Sec. 4.01.002 Enforcement
The animal control division of the city shall enforce the provisions of this chapter. Any animal control officer or enforcement official shall have the authority to issue citations for any violation of this chapter. If the person being cited is not present, the animal control officer may send the citation to the alleged offender by United States first class mail.
Sec. 4.01.003 Local rabies control authority
The city council hereby appoints the city’s animal control officer as the local rabies control authority (LRCA) for the city.
Sec. 4.01.004 Penalty for violations
(a) Any person violating any portion or provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine of not less than fifteen dollars ($15.00) nor exceeding the maximum fine as established by State Law, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(b) If any person is found guilty of violating any provision of this chapter, he or she may be liable for denial, suspension or revocation of a license and/or permit provided by this chapter and issued by the city.
Sec. 4.01.005 Compliance required
It is unlawful and it shall be a misdemeanor for any person to do any act forbidden or fail to do any act required in this chapter.
Sec. 4.01.006 Interference with agents
It shall be unlawful for any person to willfully interfere with, molest or injure an agent of the city authorized to enforce the provisions of this chapter or seek to release any animal properly in the custody of such authorized agent.
Sec. 4.01.007 Inspection of animals and premises
Animals and premises whereon animals are kept or maintained shall be subject to inspection by the city sanitarian or animal control officer, at any reasonable hour, or at any hour in cases of emergency, if such officer knows or reasonably believes a violation of this chapter may exist.
Sec. 4.01.008 Animal bite reports
(a) It shall be the duty of every physician or other medical practitioner in the city who treats a person or persons for any animal bite to report such treatment to the local rabies control authority not later than 24 hours from the time of the incident, giving the name, age, sex, and precise location of the bitten person or persons and such other information as the officer may require.
(b) All animal bite reports shall be investigated by the local rabies control authority or his designee.
(c) It shall be the duty of every veterinarian who clinically diagnoses rabies or any disease among animals capable of being communicable to man to immediately report that fact, together with the street and number of the premises at which the animal is kept, to the local rabies control authority.
(d) Any person having knowledge of a rabid animal or the presence of any disease among animals capable of being communicated to man shall immediately report that fact, together with the street address at which the animal is kept, to the local rabies control authority.
(e) If an unvaccinated dog or cat inflicts a bite or scratch, or otherwise attacks any person within the city limits, and the owner of the animal is known to the local rabies control authority, a rabies vaccination shall not be administered to the dog or cat until after a ten-day observation period beginning with the date of the bite, scratch or attack.
State law reference–Reports of rabies, V.T.C.A., Health and Safety Code, sec. 826.041.
Sec. 4.01.009 Animal quarantine
(a) The local rabies control authority shall have the authority to order the quarantine of animals responsible for bite or scratch incidents, or any animals suspected of having any zoonotic disease considered to be a hazard to the human population or other animals.
(b) Every animal that bites a human or attacks another animal in an unnatural manner, or has rabies or any other zoonotic disease, or is under suspicion of having rabies or any other zoonotic disease, shall be immediately confined by the owner, who shall promptly notify the local rabies control authority of the place where such animal is confined and the reason therefor.
(c) The owner shall not permit such confined animal to come in contact with any other person or animal.
(d) The owner shall surrender possession of such animal to the local rabies control authority on demand for supervised quarantine. Supervised quarantine shall be at the animal shelter or a veterinary hospital, except as otherwise outlined herein.
(e) The quarantine shall be for not less than ten (10) days beginning on the first day of the bite incident and shall be under the supervision of a veterinarian, who shall submit written reports to the local rabies control authority as to the animal’s health on the initial day of observation and on the fifth day and tenth day immediately following the date of the incident leading to quarantine.
(f) Any animal quarantined at a location other than the animal shelter shall be observed by the same veterinarian throughout the required quarantine period in the same manner as outlined above, and the owner shall immediately notify the local rabies control authority of the name of the veterinarian supervising the quarantine.
(g) The owner of an animal may request permission from the local rabies control authority for home quarantine if the following criteria are met:
(1) Secure facilities must be available at the home of the animal’s owner, and must be approved by the local rabies control authority;
(2) The animal must be currently vaccinated against rabies;
(3) The owner of the animal was not in violation of any provision of this chapter at the time of the bite;
(4) A city health department animal home observation agreement must be filled out by the owner of the animal, and the appropriate fee paid in advance.
(h) If a biting animal cannot be maintained in secure quarantine, it shall be humanely destroyed and the brain submitted to a department of state health services certified laboratory for rabies diagnosis.
(i) No wild animal will be placed in quarantine. All wild animals involved in biting incidents will be humanely destroyed in such a manner that the brain is not mutilated. The brain shall be submitted to a department of state health services certified laboratory for rabies diagnosis.
(j) The violation of quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by the local rabies control authority. It shall be unlawful for any person to interrupt the observation period.
(k) Without permission of the local rabies control authority, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a person or other animal or that has been placed under quarantine, except when it is necessary to destroy such animal to protect the life of any person or other animal.
(l) The local rabies control authority shall direct the disposition of any animal suspected of being rabid or having any other zoonotic disease considered to be a hazard to any other animal or human being.
(m) Any animal which has been exposed to rabies shall be handled in one (1) of the following ways:
(1) Humane destruction, with notification to or under the supervision of the local rabies control authority;
(2) If not currently vaccinated, immediate vaccination and quarantine in a veterinarian hospital for at least ninety (90) days immediately following the date of exposure; or
(3) If currently vaccinated, immediate revaccination and quarantine for at least forty-five (45) days immediately following the date of exposure.
(n) It shall be unlawful for a person to refuse or fail to surrender an animal for supervised quarantine or humane destruction, as required herein for rabies control, when demand therefor is made by the local rabies control authority.
(o) Any person having possession of, or responsibility for, a quarantined animal shall immediately notify the local rabies control authority if such animal escapes, or becomes or appears to become sick, or flies, and in case of death of the animal while under quarantine, such person shall immediately surrender the dead animal to the local rabies control authority for diagnostic purposes.
(p) A person desiring a suspect animal quarantined and/or a specimen sent to laboratory for testing must pay all charges against the animal in advance.
(q) The owner of an animal that is quarantined under this chapter shall pay to the local rabies control authority the costs of the quarantine and disposition of the animal as outlined in
section A4.01.009 of the fee schedule in appendix A to this code, and the local rabies control authority may bring suit to collect those costs. The local rabies control authority may sell and retain the proceeds or keep, grant or destroy an animal that the owner or custodian does not take possession of on or before the third day following the final day of the quarantine.
(r) If the owner of an animal is unknown or cannot be found, such animal may be destroyed without being quarantined, and a specimen forwarded for laboratory testing.
State law reference–Quarantine of animals, V.T.C.A., Health and Safety Code, sec. 826.042.
Sec. 4.01.010 Cruelty and inhumane treatment
(a) Cruelty to animals shall be prohibited within the city limits, as follows:
(1) Any person who, as the operator of a motor vehicle, strikes a domestic animal or pet shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the animal control officer or an appropriate law enforcement agency.
(2) It shall be unlawful for any person to sell, offer for sale, barter or give away, as toys, premiums or novelties, baby chickens, ducklings or other fowl under three (3) weeks old or rabbits under two (2) months old, unless the manner or method of display is first approved by the supervisor of animal control.
(3) It shall be unlawful to color, dye, stain or otherwise change the natural color of any chickens, ducklings, other fowl or rabbits, or to possess, for the purpose of sale or to be given away, any of the above-mentioned animals which have been so colored.
(b) Any person or persons violating this section shall bear the full cost and expenses incurred by the city in the transportation, care, medical treatment, impoundment cost and disposal of said animal, including such animal’s removal from a vehicle.
State law reference–Cruelty to animals, V.T.C.A., Penal Code, sec. 42.09.
Sec. 4.01.011 Care of domesticated animals
(a) Animals shall be kept in areas which maintain adequate sanitation which shall mean periodic cleaning and sanitizing of primary enclosures and housing facilities to remove excreta and other waste materials and dirt, so as to minimize health hazards, flies or odors.
(b) Animals shall be provided with adequate space which shall mean primary enclosures and housing facilities shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement to maintain physical condition. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress or abnormal behavior patterns.
(c) Owners of animals shall provide adequate veterinary care for their animals. A sick, diseased or injured animal shall be provided with a proper program of care by a veterinarian or humanely euthanized.
(d) Animals shall be provided with an adequate supply of clean, fresh, potable water provided in a sanitary manner. If potable water is not accessible to the animal at all times, it shall be provided daily for such duration and of sufficient quantity as necessary for the animal’s health and comfort.
Sec. 4.01.012 Public nuisances
Any animal which:
(1) Molests passersby or passing vehicles;
(2) Attacks other animals or human beings;
(3) Trespasses on school grounds;
(4) Roams at large;
(5) Causes any damage or defilement to public or private property; or
(6) Barks, whines, meows, howls or makes other frequent or long-continued noise that disturbs the comfort or repose of persons of ordinary sensibilities in the immediate vicinity thereof; is hereby declared to be a public nuisance.
Sec. 4.01.013 Molesting or releasing animals
(a) It shall be unlawful for any person to in any manner, tease, annoy, disturb, molest or irritate an animal that is confined to the owner’s premises.
(b) It shall be unlawful for any person, except the owner of a pet animal or his or her authorized agent, to willfully open any door or gate on any private or public premises for the purpose of enticing or enabling any animal to leave such private or public premises.
Sec. 4.01.014 Keeping wild animals
(a) It shall be unlawful for an owner to keep or permit to be kept on his or her premises, or premises under his or her control, any wild animal for sale, display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, or animals kept for educational purposes.
(b) (b) It shall be unlawful for a person to keep, or permit to be kept, any wild animal as a pet.
(c) The health department or animal control officer may issue temporary approval for the keeping, care and protection of an injured, newborn or immature animal native to this area which it deems to be incapable of caring for itself.
(d) The health department or animal control officer shall have the power to release, or order released, any animal being kept temporarily under the provisions of subsection (c) of this section.
Sec. 4.01.015 Tampering with traps and equipment
It shall be unlawful for any person to remove, alter, damage or otherwise tamper with a trap or equipment set out by an animal control officer.
Sec. 4.01.017 Miscellaneous fees
Miscellaneous fees relating to animals shall be as set forth in the fee schedule in appendix A to this code.
ARTICLE 4.03 DOGS AND CATS
Division 1. Generally
Registration required for all dogs and cats: Each dog and cat harbored inside the City Limits must be registered during the month of January of each year and a fee of $10 per family (or address) will be required before registration is complete. It is a violation of this Ordinance for an unregistered dog or cat to be kept or harbored inside the City Limits. The fee will be waived for all those age 62 or older (drivers’ license proof) or those on SSI Disability (paperwork or medicare card as proof).
Pets limited to 4 per household. No more than a total of four dogs or cats may be registered to an address inside the City Limits. In the case of a litter of puppies or kittens, the owner will have a six month post birth period to bring the total number of pets at a household back to four.
Sec. 4.03.001 Vaccination required
(a) All dogs and cats shall be vaccinated by four (4) months of age, then given a booster vaccination after a twelve-month period.
(b) (b) A metal certificate of vaccination with the year of vaccination; a certificate number; and the name, address and phone number of the vaccinating veterinarian must be securely attached to a collar or harness that must be worn by the dog or cat at all times. In addition to the metal certificate, a paper certificate must be issued by the vaccinating veterinarian and contain the following information:
(1) Owner’s name, address, and telephone number or the address and phone number of the owner’s nearest relative or friend at home or work;
(2) Animal identification–species, sex (including neutered if applicable), approximate age (three months to 12 months, 12 months or older), size (pounds), predominant breed, colors and name;
(3) Vaccine used–producer, expiration date, and serial number;
(4) Date vaccinated;
(5) Date vaccination expires (revaccination due date);
(6) Rabies tag number;
(7) Veterinarian’s signature or signature stamp and license number.
(c) The owner of any dog or cat shall display and exhibit a current vaccination certificate for his or her animal upon request of the animal control officer.
(d) Every dog and cat that received a one-year vaccine shall be vaccinated at least once within each twelve-month period from the time of its last vaccination. Every dog and cat that received a three-year vaccine shall be vaccinated every three (3) years from the time of its last vaccination.
(e) A veterinarian who vaccinates a dog or cat against rabies shall, upon request of the animal control officer, acknowledge to such officer whether or not an animal at a particular location, or owned by a named person, has been vaccinated with an annual or triennial vaccination and other pertinent information.
(f) A rabies tag shall be valid only for the dog or cat for which it was originally issued.
(g) Any person establishing residence within the city shall comply with the vaccination requirements of this section within ten (10) days of establishing such residency.
State law references–Authority of municipalities to establish rabies control programs, V.T.C.A., Health and Safety Code, sec. 826.015; rabies vaccinations, V.T.C.A., Health and Safety Code, sec. 826.051 et seq.
Sec. 4.03.002 Transporting dog or cat without vaccination certificate or tag
(a) A person commits an offense if the person transports a dog or cat three months of age or older without having an official rabies vaccination certificate or tag showing that the dog or cat, within the period prescribed by
section 4.03.001, has been vaccinated to prevent rabies.
(b) An offense under this section is a class C misdemeanor.
(c) The local rabies control authority shall dismiss the charges against a person if the authority receives proof, within 10 days of the issuance of the citation, that the animal had been vaccinated to prevent rabies according to
section 4.03.001 before the date of the citation.
(d) A person does not commit an offense under subsection (a) if the person is a veterinarian, a peace officer, a person employed by an animal shelter, or a person who is employed by or under contract with the state or a political subdivision of the state to deal with stray animals and who has temporary ownership, custody, or control of the dog or cat in connection with that position.
Sec. 4.03.003 Dogs running at large
It shall be unlawful for any person owning or harboring a dog to permit such animal to run at large.
State law reference–Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.033.
Sec. 4.03.004 Cats running at large
It shall be unlawful for any owner, keeper or harborer of any cat to let such cat run at large, unless a valid rabies tag is attached to its collar or harness.
State law reference–Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.033.
Sec. 4.03.005 Confinement during estrus
Any unspayed female dog or cat in the state of estrus shall be confined during such period of time in an anti-escape house, building or enclosure, and said area of enclosure shall be so constructed that no other dog or cat may gain access to the confined animal. Owners who do not comply shall be ordered by the animal control officer to remove the animal in estrus to a boarding kennel, veterinary hospital or animal shelter. All expenses incurred as a result of confinement shall be paid by the owner. Failure to comply with the removal order of the animal control officer shall be a violation of this section and the dog or cat will be impounded.
Sec. 4.03.006 Skinning or selling of skins
It shall be unlawful for any person to skin or to buy or sell or attempt to buy or sell the skin of any domesticated dog or cat within the city or cause such animals to be skinned or to cause such skin to be bought or sold within the city.
Division 2. Dangerous Dogs
*Sec. 4.03.041 Registration required
It shall be unlawful for any person to own, keep, harbor, or in any way possess a dangerous dog within the city, unless such dangerous dog is properly registered with the city, the registration in appendix A to this code is paid, and said dangerous dog is maintained within the city in accordance with the requirements of this division.
Sec. 4.03.042 Standards and requirements
(a) It shall be unlawful for any person to own, keep, harbor, or in any way possess a dangerous dog within the city without complying with the following standards and requirements:
(1) Leash and muzzle. No person shall permit a registered dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six (6) feet in length. No person shall permit a dangerous dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dog shall not be leashed to inanimate objects such as trees, posts, buildings, etc. Each dangerous dog on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(2) Confinement. All registered dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided herein. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered dangerous dogs must be locked with a key or a combination lock when such animals are within the structure. Such structure must have a secure 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 (2) feet. All structures that are erected to house dangerous dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) Confinement indoors. No dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building of its own volition. In addition, no dangerous dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(4) Signs. All owners of registered dangerous dogs within the city shall display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign shall be posted on the kennel or pen of such animal.
(5) Insurance. All owners of registered dangerous dogs shall provide proof to the city of liability insurance in a single-incident amount of one hundred thousand ($100,000.00) dollars for bodily injury or death of any person or persons, or for damage to property owned by any person which may result from the ownership of such animal. Such insurance policy shall provide that no cancellation of the written policy may be made unless ten (10) days’ written notice is first given to the city.
(6) Identification photograph. All owners of registered dangerous dogs shall provide to the city two (2) color photographs of the registered animal in two (2) different poses showing the color and approximate size of the animal.
(7) Reporting requirements. All owners of registered dangerous dogs shall, within ten (10) days of an incident, report the following information in writing to the city:
(A) Removal from the city or death of said dog;
(B) Birth of offspring;
(C) New address if owner moves within the city;
(D) The name and address of the new owner upon sale or transfer of ownership.
(b) For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(1) The owner knows of an attack described in the definition of “dangerous dog” in
section 4.01.001; or
(2) The owner is informed by the animal control officer that the dog is a dangerous dog.
Sec. 4.03.043 Complaints
(a) Should any person desire to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must be filed with the animal control division of the city.
(b) If a person reports an incident described in the definition of “dangerous dog” in
section 4.01.001, the animal control officer may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines the dog is a dangerous dog, the animal control officer shall notify the owner of that fact.
Sec. 4.03.044 Hearing
An owner, not later than the 30th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control officer to the municipal court. An owner may appeal the decision of the municipal court in the same manner as appeal for other civil cases. (1990 Code, sec. 2.3004; Ordinance adopting Code)
Sec. 4.03.045 Affirmative defenses
(a) It is a defense to prosecution under
section 4.03.041 or
section 4.03.042 that the person is a veterinarian, a peace officer, a person employed by the city animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.
(b) It is a defense to prosecution under
section 4.03.041 or
section 4.03.042 that the person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under
section 4.03.041 or
section 4.03.042 that the person is a dog trainer or an employee of a guard dog company under the Private Security Act (V.T.C.A., Occupations Code, chapter 1702).
Sec. 4.03.046 Penalty for violations
Any person, firm or corporation violating any of the provisions of this division shall be subject to the penalties as provided for in
section 1.01.009, and each and every day said violation shall continue shall be subject to a fine for each offense.
ARTICLE 4.04 IMPOUNDMENT
*Sec. 4.04.001 General authority and issuing citations
The following animals may be impounded and the owner or harborer issued citations:
(1) Any animal that constitutes a public nuisance;
(2) Any animal infected or kept under conditions which could endanger public health;
(3) Any animal in violation of any provision of this chapter;
(4) Any animal subject to impoundment under any provision of state law.
Sec. 4.04.002 Right of property owner to confine; notification to animal control
If any of the domestic animals named in this chapter is found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until an animal control officer can be notified. When so notified, an animal control officer shall impound such animal as herein provided.
Sec. 4.04.003 Disposition of impounded animals
(a) If the owner of an animal is known, immediate notice of impoundment shall be given to said owner. Any impounded animal, unless under quarantine, may be redeemed upon payment of the impoundment fee, care and feeding fees, veterinary fee, rabies vaccination fee and such other costs as set out in appendix A to this code.
(b) (b) Any impounded wild animal, unless there is reason to believe that it has an owner, may be immediately euthanized as deemed appropriate by the city sanitarian or animal control officer.
(c) (c) If a nursing baby animal is impounded without the mother, or if the mother cannot or refuses to provide nutritious milk, such animal may be immediately euthanized to prevent further suffering.(d) Disposition of animals impounded on the grounds of cruel or inhumane treatment as defined in this chapter shall be determined by the court of jurisdiction.
(d) Any animal, except wild animals, not reclaimed by the owner becomes the property of the city and may be euthanized or adopted to a suitable owner at the discretion of the animal control officer. Such unclaimed animal shall be held for seventy-two (72) hours (three (3) working days) for dogs, and forty-eight (48) hours (two (2) working days) for cats; except, however, any dog or cat wearing a current rabies tag shall be held for not less than five (5) working days.
(e) (f) If an animal is wearing a current rabies/license tag, reasonable effort shall be made by the animal control officer to contact the owner of such impounded animal; however, final responsibility for reclaiming of an impounded animal is that of the owner.
Sec. 4.04.004 Fees
(a) The owner of each dog, cat or other animal impounded by the animal control officer will be assessed impoundment fees as provided for in the fee schedule in appendix A to this code.
(b) Fractions of a twenty-four-hour period shall be computed at a full day’s rate for the purposes of the daily charges set out above.
(c) The owner of an impounded animal must pay for rabies vaccination if such animal has not been vaccinated. All applicable fees, citations and any other expense incurred by the city must be paid by the owner at the time such owner reclaims the animal.
Sec. 4.04.006 Health of animal
(a) The animal control officer shall be authorized to euthanize or place in the care of a humane society any animal suffering from extreme injury or illness, whether such animal is found on public or private property, and after a reasonable effort has been made to locate the owner of such animal.
(b) When the redemption of an animal suffering from any disease or injury is sought by its owner, such animal shall not be released until the animal control officer is satisfied that its proper treatment is assured.
Sec. 4.04.007 Quarantine by veterinarian
(a) A veterinarian shall quarantine an animal that:
(1) Is in the possession of the veterinarian; and
(2) The veterinarian knows or suspects is rabid or has exposed an individual to rabies.
(b) A veterinarian performing duties under this chapter is not liable to the owner of an animal for the death of or injury to the animal except in a case of willful misconduct or gross negligence.
State law reference–Rabies reports and quarantine, V.T.C.A., Health and Safety Code, sec. 826.041 et seq.
ARTICLE 4.05 LIVESTOCK
Sec. 4.05.001 Estrays
(a) Any livestock permitted, suffered or allowed by the owner to run at large on private or public property shall be reported to the sheriff of the county as soon as reasonably possible, in accordance with state law.
(b) It shall be unlawful for any livestock to be at large off the property of the owner of the livestock. The owner of the livestock found to be at large shall be responsible for the offense, and no culpable mental state is required.
State law reference–Estrays, V.T.C.A., Agriculture Code, ch. 142.
Sec. 4.05.002 Enclosures
(a) Livestock shall be enclosed with adequate fences or barriers that will prevent such livestock from damaging shrubbery or other property situated on adjacent property. Such fences or barriers shall be sufficient to prevent the livestock from escaping the enclosure.
(b) All yards, barns, pens, stables, sheds or other enclosures in which livestock is confined shall be of a size to allow said animals sufficient space to move freely and not endanger the health, safety, or welfare of the animal or animals.
(c) The owner keeping any livestock shall keep all yards, barns, pens, stables, sheds or other enclosures in which such animals are confined in such a manner so as not to give off odors offensive to persons of ordinary sensibilities in the immediate vicinity, or to breed or attract flies, or other noxious insects or rodents, or in any manner to endanger the public health, safety, or welfare, or to create a public nuisance.
Sec. 4.05.003 Distance from living quarters
(a) Large livestock. It shall be unlawful for any owner to keep on premises under his or her control, within the city limits, any large livestock, except swine which are covered by
section 4.05.007 herein, in such a manner that the livestock’s primary quarters are closer than one hundred feet (100') from any human living quarters other than the owner’s or keeper’s living quarters. No large livestock shall be permitted to graze, forage or otherwise roam within one hundred feet (100') of any neighboring dwelling, residence, or structure used for human occupancy, other than that of the owner or keeper of said large livestock.
(b) Medium livestock. It shall be unlawful for any owner to keep on premises under his or her control, within the city limits, any medium livestock in such a manner that the livestock’s primary quarters are closer than seventy-five feet (75') from any human living quarters other than the owner’s or keeper’s living quarters. No medium livestock shall be permitted to graze, forage or otherwise roam within seventy-five feet (75') of any neighboring dwelling, residence, or structure used for human occupancy, other than that of the owner or keeper of said medium livestock.
(c) Small livestock. It shall be unlawful for any owner to keep on premises under his or her control, within the city limits, any small livestock in such a manner that the livestock’s primary quarters are closer than forty feet (40') from any human living quarters other than the owner’s or keeper’s living quarters. No small livestock shall be permitted to graze, forage or otherwise roam within forty feet (40') of any neighboring dwelling, residence, or structure used for human occupancy, other than that of the owner or keeper of said small livestock.
Sec. 4.05.004 Exemptions
(a) There shall be an exemption from the regulations outlined in
section 4.05.003 herein for those areas zoned as agricultural and for those members of recognized youth organizations who are required to maintain livestock projects. The exemption for members of recognized youth organizations who are required to maintain livestock projects shall become effective only after a permit application has been submitted to the planning department of the city said application has been approved by the animal control officer. A permit granted under this section will expire twelve (12) months after issue. The fee for the youth livestock exemption permit is as set forth in
section A4.05.004 of appendix A to this code.
(b) (b) Those facilities maintained by the city as an animal shelter, a veterinary hospital operated by a licensed veterinarian who retains animals for veterinary medical care, or a bona fide publicly or privately owned zoological park shall be exempt from the requirements of
section 4.05.003.
Sec. 4.05.005 Number allowed on premises
(a) It shall be unlawful for any person to keep animals within the city of such a number that the animals constitute a public nuisance or menace to public health or safety the overall area of which is less than one-half (1/2) acre for each cow or horse kept, except for calves and foals under the age of one (1) year, or keep more large livestock than can be cared for under sanitary conditions and not create a public nuisance.
(b) Save and except those areas zoned agricultural, it shall be unlawful for any person to keep livestock within the corporate limits of the city unless the keeping of said livestock is in compliance with the following restrictions:
(1) There shall be no more than one (1) head of large livestock, as defined in
section 4.01.001 of this chapter, for the first one-half (1/2) acre of land. There shall be no more than one (1) additional head of large livestock for each additional one-half (1/2) acre of land in the same parcel.
(2) There shall be no more than two (2) head of medium livestock, as defined in
section 4.01.001 of this chapter, for the first one-fourth (1/4) acre of land. There shall be no more than two (2) additional head of medium livestock for each additional one-fourth (1/4) acre of land in the same parcel.
(3) There shall be no more than four (4) head of small livestock, as defined in
section 4.01.001 of this chapter, for the first one-eighth (1/8) acre of land. There shall be no more than four (4) additional head of small livestock for each additional one-eighth (1/8) acre of land in the same parcel.
Sec. 4.05.006 Breeding stallions
Stallions capable of breeding will be confined in such a manner that said horse will not be dangerous to human beings, and all breeding will be under the control of the owner or handler.
Sec. 4.05.007 Keeping of swine
It shall be unlawful for any owner to keep swine within the city limits, except in a zoning district classified “agriculture.” In no event shall the number of swine so kept exceed two (2) adult head and piglets up to three (3) months of age. Swine shall not be quartered closer than three hundred feet (300') from any living quarters, other than the owner’s or keeper’s living quarters.
I any part or section of this Ordinance is found to be contrary to State Law, only that part or section of the Ordinance shall be affected by such finding.
Each and every day a person is found in violation of this Ordinance can be treated as a separate offense. Violations of this Ordinance fall into the Class C Misdemeanor category and fines can range from $1 to $500.00.
Appendix A- Schedule of Fees
To Voluntarily Place a dog or cat for adoption a fee of $75 will be assessed
To claim a dog or cat that has been impounded for a violation of this ordinance at a non profit 501 C3 organization, a citizen of West Tawakoni must present a City Receipt for $100 before the animal will be released.
Passed and approved on 1st reading by an affirmative vote of the City Council on December 4, 2007.
Scheduled for a Public Hearing at 7 p.m. December 11, 2007 at 7 p.m. at City Hall prior to second and final consideration.
Passed and approved on 2nd and final reading by an affirmative vote of the City Council on December 11, 2007.
Bill Stausuing, Mayor
Susan Roberts, City Secretary
